Primary steps of the legislative process

Submitted by Drew Mckissick on Mon, 05/17/2010 - 21:04

Previously we talked about the types and sources of legislation, but once a bill is actually introduced the fun is just beginning. There's a long gauntlet of potential roadblocks to becoming a law, (or opportunities to kill it, depending on your point of view).

Step 1 – Numbering the Bill: Once the bill has been introduced, it is num¬bered beginning with either “H.R.’ signifying a House bill, or with “S.’ signifying a Senate bill. The official legislative process then begins.

Step 2 – Referral to Committee: Bills are usually referred to standing commit¬tees in the House or Senate according to carefully defined rules of procedure, (such as by the Speaker or President of the Senate).

Step 3 – Committee Action: The committee will refer the bill to a subcommittee for additional study and hearings. These hearings provide a forum for debate among members of the executive branch, public officials, supporters and opponents, and experts. This provides an opportunity to voice your concerns on a particular piece of legislation. Witnesses have the option to testify in person or, if necessary, offer written transcripts of their testimony.

Step 4 – Mark Up: Once hearings are completed, the subcommittee may elect to “mark up” the bill by making changes and amendments before recommending the bill to the full committee. If the subcommittee decides not to report the legis¬lation to the full committee, the bill dies.

Step 5 – Committee Action to Report a Bill: After receiving a subcommittee’s report on a bill, the full committee can conduct further study and hearings, or it can vote on the subcommittee’s recommendations and any suggested amend¬ments. The full committee then votes on its recommendation to the House or Senate. This is referred to as “ordering the bill reported”.

Step 6 – Publication of a Written Report: After the committee votes to have the bill reported, the chairman of the committee has staff write a report on the bill. This report will explain the scope and intent of the legislation and the impact on existing laws and programs. It will also give the views of any dissenting members of the committee, as well as the position of the executive branch.

Step 7 – Scheduling Floor Action: When a bill is reported back to the cham¬ber where it originated, it is placed in chronological order on the calendar. In the House there are several different calendars, and the Speaker and Majority Leader generally determine if, when, and in what order bills come up. In the Senate there is only one legislative calendar, and the Majority Leader deter¬mines the schedule.

Step 8 – Debate: When a bill reaches the floor of the House or Senate, there are rules and procedures that govern the process and determine the condi¬tions and amount of time allotted for debate. Generally, Senate debate is longer, as it has a tradition of unlimited debate and rules that make it more difficult to end debate and force a vote.

Step 9 – Voting: Following debate and the approval of any amendments, the bill is brought to an up or down vote of the entire membership.

Step 10 – Referral to the Other Chamber: Upon passage by the House or Senate, the bill is then passed to the other chamber where it usually follows the same route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or amend it.

Step 11 – Conference Committee Action: In the event that only minor changes are made to the bill by the other chamber, it is common practice for the legislation to return to the first chamber for what is known as “concurrence”, (they agree and pass it…all is well). However, when the actions of the other chamber significantly alter the bill, a “conference committee” is formed to reconcile the differences. If the conferees are unable to reach agree¬ment, the legislation dies. If agreement is reached, a conference report is prepared describing the committee members’ recommendations for modification, and then both chambers must approve of the conference report.

Step 12 – Final Actions: Once a bill has been approved by the House and Senate in the same form, it is then sent to the President. If the President approves, he signs the bill and it becomes law. The President also has the option to take no action for 10 days, when Congress is in session, in which case the bill automatically becomes law. If the president opposes the bill, he can veto it. If Congress has adjourned its second session, and the President takes no action, the legislation dies. This is called a “pocket veto”.

Step 13 – Overriding a Veto: If the President vetoes the bill, Congress has the option to override the veto, which requires a two-thirds vote of the members who are present. If they get two-thirds (in both chambers, the bill becomes law. If not, it’s dead.

Again, that's a lot of hurdles to overcome if you're in favor of a piece of legislation, and a lot of opportunities to kill if you're against it - which is why it's easier to play defense than offense.

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