Understanding The Lawmaking Process: Bills To Laws

The process of how a bill becomes a law is a complex one, and only a small percentage of bills ever make it through to become laws. The U.S. Congress considers thousands of bills each session, but only a tiny fraction reaches the president's desk for final approval or veto. The journey of a bill to becoming a law involves traversing a maze of committees and subcommittees, debates, and amendments in both chambers of Congress. The legislative process is lengthy, and only about 6% of legislation introduced in Congress passes. The percentage of bills that become laws varies from year to year, and there are no set minimums or maximums on the number of bills introduced to Congress or passed into laws annually.

How a bill is introduced

The legislative process begins with the introduction of a bill to Congress. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from anyone, but only a member of the U.S. Senate or House of Representatives can introduce it. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Some important bills are traditionally introduced at the request of the President, such as the annual federal budget.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone, but change in number and form with each new Congress as required for the efficient consideration of legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas.

The bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary.

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill — and by extension, its passage — by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, the votes of a simple majority pass the bill.

The role of committees

Committees play a crucial role in the legislative process, providing intensive consideration of proposed bills and a forum for public input. There are standing committees and select committees, with the former being permanent fixtures and the latter created to study specific issues. Each committee has a specific area of jurisdiction, such as judicial proceedings, immigration policy, or international relations, and bills are referred to them accordingly.

Once a bill is referred to a committee, the committee members will review, research, and revise it. They may also choose to hold hearings and invite experts and other interested parties to provide testimony. Hearings allow a variety of perspectives, including those of the executive branch, other public officials, and supporters and opponents of the bill, to be heard and recorded.

After the hearings, the committee will often refer the bill to a subcommittee for further specialised study. The subcommittee will make any necessary changes to the bill and vote on whether to refer it back to the full committee.

The full committee will then meet to "mark up" the bill, making additional changes and amendments. If substantial amendments are made, the committee may introduce a "clean bill" that includes all the proposed amendments and starts the legislative process anew.

If the committee votes in favour of the bill, it is reported to the floor, a procedure known as "ordering a bill reported". The committee staff will then prepare a written report explaining their support for the bill and their reasons for proposing any amendments. This report is sent back to the chamber, where the bill will be debated and voted on.

In the House, most bills go through the Rules Committee, which adopts rules governing the procedures for debating and amending the bill. These rules can have a significant impact on the bill's chances of passage.

The Speaker of the House may set time limits on committees and can refer a bill to multiple committees if different parts of it fall under the jurisdiction of different committees. Bills can be released from committee without a proper committee vote through a discharge petition signed by a majority of House members.

Voting procedures

The voting procedures for bills to become laws in the United States are complex and involve multiple stages. The process begins with the introduction of a bill by a member of Congress, either in the House of Representatives or the Senate. This legislator becomes the sponsor of the bill, and other supporting legislators can be listed as co-sponsors. The bill is then assigned a number and printed in the Congressional Record.

The bill is then referred to one or more committees in the House or Senate, depending on their specific rules. These committees consider the bill in detail, evaluating its potential impact on areas such as the federal budget. If the committee approves, the bill moves forward; if they do not, the bill is rejected and dies.

The next stage is the subcommittee review, where the bill is sent to a subcommittee for further study and public hearings. A wide range of individuals, from government officials to members of the public, can present testimony at these hearings. If the subcommittee decides to recommend the bill back to the full committee, they may make changes and amendments. This process is called a mark-up. If the subcommittee votes against the bill, it dies at this stage.

The full committee then reviews the subcommittee's work and can conduct further reviews, hold more hearings, or vote on the report. If the bill passes this stage, it is ordered reported or simply reported. A committee report is then written and published, detailing the bill's purpose, impact on existing laws, budgetary considerations, and any new taxes or tax increases required. This report also includes transcripts from public hearings and the committee's opinions for and against the bill.

The bill is then placed on the legislative calendar of the House or Senate and scheduled for floor action or debate. The Speaker of the House and House Majority Leader decide the order of reported bills for debate. Debates take place according to strict rules, and once complete, any amendments are approved, and the full membership votes for or against the bill. Voting methods include voice and roll-call voting.

Bills that are approved by one chamber of Congress are then sent to the other chamber, which follows the same process of committee consideration, debate, and vote. The second chamber may approve, reject, ignore, or amend the bill. If significant changes are made, a conference committee is formed, comprising members of both chambers. This committee works to reconcile the differences between the two versions of the bill. If they cannot agree, the bill dies. If they reach an agreement, they prepare a report detailing the proposed changes, which both chambers must approve.

Finally, once both chambers have approved the bill in identical form, it is sent to the President of the United States. The President can sign the bill into law or choose to take no action. If the President does not act on the bill for ten days while Congress is in session, it automatically becomes law. However, if the President opposes the bill, they have the power to veto it. If no action is taken for ten days after Congress has adjourned, the bill dies, which is known as a pocket veto.

Congress can attempt to override a presidential veto and force the bill into law, but it requires a supermajority vote in both the House and the Senate. This means that two-thirds of the members present must approve the override measure.

The Conference Committee

While the Conference Committee plays a crucial role in reconciling differences, it is not the only instance where collaboration occurs. Throughout the legislative process, bills traverse a maze of committees, subcommittees, debates, and amendments in both chambers of Congress. This back-and-forth ensures that a variety of perspectives and interests are considered, and that the final version of the bill is carefully crafted and agreed upon by multiple stakeholders.

It is worth noting that even after a bill passes through the Conference Committee and is approved by both the House and the Senate, it still requires the President's signature to become a law. The President may choose to sign the bill into law or take no action, which results in an automatic veto after a certain period. This adds another layer of complexity and collaboration to the process, as the executive branch also has a role in shaping the final outcome.

In conclusion, the Conference Committee is an essential step in the journey of a bill becoming a law. It brings together members from both chambers of Congress to find common ground and reach a compromise that satisfies both sides. This process highlights the intricate balance of power and the importance of consensus in the United States legislative system.

The President's role

Once a bill has been passed by both chambers of Congress, it is then presented to the President for their approval. The President can choose to approve the bill and sign it into law. Alternatively, they have the power to veto the bill, which means it is sent back to Congress for reconsideration. If the President does not sign off on a bill and Congress is no longer in session, the bill is effectively vetoed by default. This is known as a "pocket veto" and cannot be overridden by Congress.

In conclusion, while the President does not initiate the legislative process, they play a critical role in the enactment of bills into law and have the power to shape the outcome through their approval or veto.

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