Debate Mechanics: Bills To Laws

The process of a bill becoming a law is a long and complex one, involving multiple stages of debate. In the US, the legislative process begins with the introduction of a bill by a member of the House of Representatives or the Senate. This bill is then assigned a number and a sponsor, before being sent to a committee. The committee examines the bill and determines its chances of passage, and may hold hearings to better understand its implications. The bill is then marked up, with changes and amendments made before it is sent to the floor. Once on the floor, the bill is debated and voted on. If it passes, it is sent to the other chamber, where it goes through a similar process. If both chambers approve the bill, it is sent to the President, who can choose to approve it, veto it, or do nothing. If the President approves, the bill becomes a law. If they veto it, Congress can attempt to override the veto with a two-thirds majority vote in both chambers. If the President does nothing and Congress is no longer in session, the bill is pocket vetoed and cannot become law.

The bill is introduced

The process of a bill becoming a law begins with its introduction. Any member of Congress can introduce a bill, which is a proposal for a new law or a change to an existing law. In the House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. 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 is postponed until the next day. Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and the name of the sponsor. It is then sent to the Government Printing Office (GPO) for copying. Members can also cosponsor the bill.

Once introduced, the bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is usually made by the House or Senate parliamentarian. The bill may be referred to multiple committees, and parts of it may be sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

The committee will then hold a "mark-up" session, during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.

After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

The bill is assigned to a committee

Once a bill has been introduced, it is assigned to a committee. This committee will then research, discuss, and make changes to the bill.

In the House, the Speaker refers the bill to the appropriate committee. The Speaker may also set time limits on committees. In the Senate, the presiding officer refers the bill to the relevant committee. In both the House and the Senate, the referral decision is often made by the parliamentarian.

Most bills fall under the jurisdiction of one committee, but they may be referred to multiple committees. If a bill is referred to multiple committees, each committee will only work on the portion of the bill that falls under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will take the lead on any action.

In the House, the Speaker may refer a bill to multiple committees for consideration of those provisions of the bill within the jurisdiction of each committee. The Speaker must designate a primary committee of jurisdiction on bills referred to multiple committees.

In the Senate, introduced measures and House-passed measures are referred to the one committee of preponderant jurisdiction by the Parliamentarian on behalf of the Presiding Officer. By special or standing order, a measure may be referred to more than one committee in the Senate.

Once a bill has been referred to a committee, copies of the bill are sent to the office of the committee chairman. The clerk of the committee then enters it on the committee's legislative calendar.

The committees provide intensive consideration of the proposed measure and are the forum where the public is given the opportunity to be heard.

Committees may hold public hearings on a bill. The chairman of each committee is required to make a public announcement of the date, place, and subject matter of any hearing at least one week before the commencement of that hearing, unless there is good cause to begin the hearing at an earlier date. If good cause is determined, the chairman must make a public announcement of this as soon as possible.

Hearings on the President's Budget are required to be held by the Committee on Appropriations in open session within 30 days after its transmittal to Congress.

After hearings are completed, the subcommittee will usually consider the bill in a session that is popularly known as the "markup" session. The views of both sides are studied in detail and, at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. The subcommittee may decide to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation. The subcommittee may also suggest that the committee "table" it or postpone action indefinitely.

At full committee meetings, reports on bills may be made by subcommittees. Bills are read for amendment in committees by section, and members may offer germane amendments. Committee amendments are only proposals to change the bill as introduced and are subject to acceptance or rejection by the House itself.

If the committee votes to report the bill favorably to the House, it may report the bill with or without amendments. If the committee has approved extensive amendments, the committee may decide to report the original bill with one "amendment in the nature of a substitute" consisting of all the amendments previously adopted, or may introduce and report a new bill incorporating those amendments, commonly known as a "clean" bill.

If the committee votes to report the bill to the House, the committee staff writes a committee report. The report describes the purpose and scope of the bill and the reasons for its recommended approval. Generally, a section-by-section analysis sets forth precisely what each section is intended to accomplish. All changes in existing law must be indicated in the report, and the text of laws being repealed must be set out. This is known as the "Ramseyer" rule.

If, at the time of approval of a bill by a committee, a member of the committee gives notice of an intention to file supplemental, minority, or additional views, all members are entitled to not less than two additional calendar days after the day of such notice to file those views with the clerk of the committee. Those views that are timely filed must be included in the report on the bill.

The report is assigned a report number upon its filing and is sent to the Government Printing Office for printing. House reports are given a prefix-designator that indicates the number of the Congress. For example, the first House report filed during the 110th Congress was numbered 110-1.

Committee reports are perhaps the most valuable single element of the legislative history of a law. They are used by the courts, executive departments, and the public as a source of information regarding the purpose and meaning of the law.

The committee reviews the bill

The mark-up session can take place at either the subcommittee level or the full committee level, or at both. Hearings and mark-up sessions are status steps noted in the Legislative Action portion of Bill Status. At the conclusion of deliberation, a vote of committee or subcommittee members is taken to determine what action to take on the measure. It can be reported, with or without amendment, or tabled, which means no further action on it will occur. If the committee has approved extensive amendments, they may decide to report a new bill incorporating all the amendments. This is known as a "clean bill", which will have a new number. Votes in committee can be found in Committee Votes.

If the committee votes to report a bill, the Committee Report is written. This report describes the purpose and scope of the measure and the reasons for recommended approval. House Report numbers are prefixed with "H.Rpt." and then a number indicating the Congress (currently 107). For more information on bills and resolutions see Consideration by Committee in How Our Laws Are Made.

After the committee reviews the bill, the next step is to send the bill to the House Rules Committee, which sets the rules for debate on the House floor. This committee determines aspects like time limits for discussion and whether amendments are allowed. Once these rules are in place, the bill can then be debated and voted on in the House.

The bill is voted on

There are three methods for voting on a bill in the House of Representatives:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no".
• Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
• Recorded: Representatives record their vote using the electronic voting system. Representatives can vote "yes", "no", or "present" (if they don't want to vote on the bill).

If a majority of the Representatives say or select "yes", the bill passes in the House of Representatives. The bill is then certified by the Clerk of the House and delivered to the Senate.

In the Senate, Senators vote by voice. Those who support the bill say "yea", and those who oppose it say "nay". If a majority of the Senators say "yea", the bill passes in the Senate and is ready to go to the President.

The bill is sent to the President

The process of a bill becoming a law involves several steps, and once a bill is passed by both chambers of Congress, it is sent to the President for review and approval. This stage is crucial, as the President has the power to veto the bill, which would prevent it from becoming a law. However, Congress can override the veto and pass the bill into law anyway.

When a bill reaches the President's desk, they have several options. If the President agrees with the bill, they can sign it into law. On the other hand, if the President disagrees with the bill, they may veto it and send it back to Congress with a note explaining their reasons.

It is important to note that even if the President takes no action on a bill within 10 days and Congress remains in session, the bill will become law. This is a unique situation where inaction on the part of the President leads to a bill becoming law without their signature.

However, if Congress adjourns before the 10-day period is up and the President has not signed the bill, it will not become law. This is known as a "pocket veto," and it cannot be overridden by Congress.

The President's role in the law-making process is significant as they have the power to approve or veto bills passed by Congress. This step is a critical part of the process, as it allows for further deliberation and ensures that laws are carefully considered before being enacted.

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