Understanding The Legislative Process: Answers To Puzzles

The process of how a bill becomes a law is a complex one, with many steps and procedures to be followed. In the United States, laws are created and modified by Congress, the Legislative Branch of the federal government. A bill is a proposal for a new law or a change to an existing one, and these ideas can come from members of the public or sitting members of the U.S. Senate or House of Representatives. Once a bill is introduced, it is assigned to a committee, then voted on, and if passed, referred to the other body to go through the same process. If both bodies vote to accept a bill, they must work out any differences, and then both chambers vote on the same version. If it passes, it is sent to the President, who can approve and sign it into law, or veto it.

How a bill is introduced

The process of introducing a bill varies slightly between the House and the Senate. In the House, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. A bill can be introduced by any member of the House, and only Representatives can introduce bills in the House. Once introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) for copying. Senate bills can be jointly sponsored, and members can co-sponsor the legislation.

Once introduced, a bill is assigned to a committee. The Speaker of the House or the presiding officer in the Senate usually makes the referral decision. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the committee's calendar, and failure to act on a bill is equivalent to killing it. Bills in the House can only be released from the committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

The role of committees

Committees play a crucial role in the legislative process, which is the primary function of Congress. The legislative process involves the creation and modification of laws. The role of committees can be broken down into several steps:

Referral to Committee:

Once a bill is introduced, it is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is typically made by the House or Senate parliamentarian. Committees are assigned based on the subject matter of the bill, with each committee having jurisdiction over specific issues.

Committee Consideration:

The committee members review, research, and revise the bill. They may request comments from government agencies and seek additional information by referring the bill to a subcommittee. Subcommittees are specialised groups that further examine the bill and gather expert opinions before sending it back to the full committee.

Committee Hearings:

The committee may hold hearings to better understand the bill's implications. Hearings provide an opportunity for the executive branch, experts, public officials, and supporters and opponents of the legislation to present their views and opinions.

Subcommittee Report:

If the bill is referred to a subcommittee, it reports its findings back to the full committee. The subcommittee may suggest revisions or amendments to the bill before returning it for further consideration.

Committee Vote:

After reviewing, researching, and potentially revising the bill, the full committee will vote on whether to approve it. If the committee votes in favour of the bill, it is then reported or sent back to the respective chamber (House or Senate).

Committee Amendments:

The committee may hold a "mark-up" session to make revisions and additions to the bill. If substantial amendments are made, the committee can introduce a "clean bill" that includes the proposed changes. This new bill will have a new number and will replace the old bill.

Committee Report:

After the committee approves a bill, the committee staff prepares a written report explaining their support for the bill and their reasons for recommending any amendments. Committee members who disagree with the bill may write a dissenting opinion in the report. This report is then sent back to the full chamber (House or Senate) and placed on the calendar for further consideration.

Voting procedures

The voting procedures for a bill to become a law in the United States are as follows:

In the House of Representatives:

• The bill is voted on by the House. If it passes with a simple majority (218 out of 435), it moves to the Senate.
• In the House, a quorum call is a vote to ensure there are enough members present (218) for a final vote.
• There are three methods of voting: viva voce (voice vote), division, and recorded (electronic) vote.

In the Senate:

• The bill is voted on by the Senate. If it passes with a simple majority (51 out of 100), it is sent to the President.
• Senators vote by voice: those in favour say "yea", and those against say "nay".
• In the Senate, debate is unlimited unless cloture is invoked. Senators can speak as long as they want, and amendments do not need to be relevant to the bill ("riders" are often offered). Senators can use a filibuster to defeat a measure by "talking it to death".

In the Conference Committee:

• If the House and Senate pass different versions of the bill, members from each chamber form a conference committee to work out the differences.
• The conference committee prepares a written report, which is submitted to each chamber for approval.

With the President:

• The President can choose to approve the bill and sign it into law, or veto it.
• If the President vetoes the bill, Congress can vote to override the veto. If two-thirds of both the House and the Senate support the bill, it becomes a law.
• If the President does nothing (a "pocket veto") and Congress is not in session, the bill does not become law.

The President's options

Once a bill has been passed by both the House and the Senate, it is sent to the President for review. The President has three options:

Sign and pass the bill

The President can approve the bill, in which case it becomes a law.

Veto the bill

If the President opposes the bill, they can veto it, which means it is sent back to Congress, along with the President's reasons for the veto. Congress can then attempt to override the veto by holding another vote on the bill. If two-thirds of Congress supports the bill, the President's veto is overridden and the bill becomes a law.

Do nothing (pocket veto)

If the President does nothing and Congress is not in session, the bill will not become a law. This is called a "pocket veto" and it cannot be overridden by Congress. However, if Congress remains in session, the bill will automatically become law after 10 days.

Overriding a veto

If the President vetoes a bill, it is sent back to Congress with a note listing their reasons for doing so. The chamber that originated the legislation can then attempt to override the veto by a two-thirds vote of those present. If the veto is overridden in both chambers, the bill becomes law.

The President has a 10-day period in which to approve or disapprove a bill. If they fail to give their approval by signing during that period, the bill will become law automatically, without their signature. However, in very limited circumstances, the President may, by withholding their signature, effect a "pocket veto". If, before the end of a 10-day signing period, Congress adjourns and thereby prevents the return of the bill, the bill does not become law if the President has taken no action regarding it. At this stage, the bill can become law only if the President signs it.

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