Adapted from Congress at Your Fingertips from Capitol Advantage
(http://capitoladvantage.com)
Introduction: Member of Congress introduces legislation. The official
process begins when a bill is numbered, ("H.R." signifies
a bill originating in the U.S. House of Representatives and "S." signifies
a bill originating in the U.S. Senate) referred to a committee and printed.
Step 1. Referral to Committee: bill is referred to standing
committee in House or Senate. The referral is determined by which committee,
or committees, has jurisdiction over the issues addressed in the bill.
Step 2. Committee Action: When a bill reaches a committee,
it is placed on the committee’s calendar. If the committee chairperson
decides not to hear a bill, or act upon it in some other way, it is
the equivalent of killing it.
Step 3: Subcommittee Review: Often, bills are referred to
a subcommittee. Hearings held at the subcommittee or committee
level allow the views of the executive branch, other public officials, experts,
supporters and opponents to be put on the record.
Step 4. Mark Up: After hearings are held, the subcommittee
may "mark up" the bill (make changes or add amendments) prior
to recommending it to the full committee. If a subcommittee votes not
to report the bill to the full committee, the bill dies.
Step 5. Committee Action: After receiving the subcommittee’s
report on the bill, the full committee can conduct further hearings,
or it can vote and "order the bill reported" to the respective
chamber where the bill originated: House or Senate.
Step 6. Written Report: After the bill is reported, committee
staff prepares a report on the bill describing the intent and scope
of the legislation.
Step 7. Scheduling Floor Action: The bill is placed in chronological
order on a calendar. The House keeps several legislative
calendars, and the Speaker of the House and the Majority Leader largely determine
if, when and in what order bills come before the House. In the Senate, there
is only one legislative calendar.
Step 8. Debate: When a bill reaches the floor of the House
or Senate, the chamber must vote on the rules determining the amount
of time allocated for debate on the bill.
Step 9. Voting: After debate and approval of any amendments,
the chamber votes. Votes may be recorded electronically or by voice
vote. A recorded or "roll call" vote contains the names of
members who vote for or against the bill, or who did not vote at all.
A voice vote is a simple "aye" or "no" and the presiding
officer in the chamber determines the result. If a bill is non-controversial,
or has been reviewed sufficiently by each member of Congress before
even reaching the floor, it can be voted on without scheduling any debate.
This is called "unanimous consent" or "suspension of
the rules."
Step 10. Referral: When the House or Senate passes a bill,
it is referred to the other chamber which may approve the bill, reject
it, ignore it or change it through the same committee or subcommittee
action as described above.
Step 11. Conference Committee: If the opposite chamber only
makes minor changes, the legislation goes back to the originating chamber
for approval of the changes. However, if the bill has been significantly
altered, a conference committee with members from both chambers is formed
to reconcile the differences. If the conferees can reach an agreement,
a conference report is prepared, if not, the bill dies.
Step 12. Presidential Action: After a bill has been passed
in identical forms through the House and Senate (or reported out of
a conference committee), it is sent to the President who may either
sign it into law or veto (reject) it. If Congress is in session and
the President takes no action, it automatically becomes law. If Congress
has already adjourned its second session and the President takes no
action, it is called a "pocket veto" and the bill is rejected.
Step 13: Overriding a Veto: Congress may attempt to override
a presidential veto, which requires a two-thirds majority roll call
vote.
Prepared
by Inba Kehoe, Government Documents, Stauffer Library, Queen's University The
following guide will explain the process by which a typical government
initiated bill becomes law. This guide provides
an overview of the Federal Legislative Process. Adapted from "The Federal
Legislative Process in Canada".
NOTE:
To become law, a bill must first be introduced in either the Senate or the House
of Commons. It must then pass through various stages in each House: first, second
and third reading. Then it must receive Royal Assent.
DEFINITIONS
Public Bills
These are proposals for laws that
will affect the public in general. Most public bills are introduced by Government
Ministers. Bills sponsored by the Government are numbered from C-1 to C-200
in order of presentation. If they are introduced first in the Senate, they
are numbered starting S-1.
Private Bills
These are limited in scope: they concern an individual or group of individuals
only. They confer a right on some person or group, or relieve them of a responsibility.
POLICY PROPOSAL
Most legislation originates with the Government. Policy proposal requiring legislation
is submitted to Cabinet by Minster(s).
CABINET
-
Policy proposal
is considered by the appropriate Cabinet committee and recommendations are
made to the Cabinet.
-
If Cabinet approves,
the responsible Ministry issues drafting instructions to the Legislation
Section of the Department
of Justice.
-
Draft bill is prepared
in two official languages and approved by the responsible Minster.
-
Draft bill is presented
to Cabinet for approval.
-
If approved it
is ready to be introduced in Parliament.
PARLIAMENT
-
SECOND READING
Second reading in the same House of Parliament. Members debate and vote on
the principle of the bill. The House may decide to refer the bill to a legislative,
standing or a special committee, or to Committee of the Whole.
CONSIDERATION IN COMMITTEE
Consideration by the appropriate parliamentary committee (clause-by-clause
study of the bill). Committee can summon witnesses and experts to provide it
with information and help in improving the bill.
E.ROYAL ASSENT
