Many people tend to shy away from most things political because it is a complex and tedious process. I agree! However, it is a vital process that touches on every aspect of our lives and affects our future. Therefore, I would like to take a shot at providing you with some of the basic ideas and concepts that have been established and make up the system by which our laws are created and hopefully you will see that there is a part of this process that relies on YOU to made it work properly. You may have to read this explanation a few times to get a firm grasp of the ideas in it, but I know you will be a smarter, better voter as a result. I have taken the information directly from the U.S. House of Representatives website that I hope each of you will visit (as well as the Senate website) and you can compare what you read here with the information provided on their pages. Following my attempt to explain about how bills are made there will be a list of some of the Bills that are presently in the House and Senate that may affect some or all of you. As usual, if you have questions, please contact me at ignatz4in@aol.com or 520-904-7755. Be an informed voter!
Where does a Bill come from?
Sources of ideas for legislation are unlimited and proposed drafts of bills originate in many diverse quarters. Primary among these is the idea and draft conceived by a Member of Congress or the Senate. This may emanate from the election campaign during which the Member had promised, if elected, to introduce legislation on a particular subject. The
Member may have also become aware after taking office of the need for amendment to or repeal of an existing law or the enactment of a statute in an entirely new field. In addition, the Member’s constituents, either as individuals or through citizen groups, may avail themselves of the right to petition and transmit their proposals to the Member. The right to petition is guaranteed by the First Amendment to the Constitution. Many excellent laws have originated in this way, as some organizations, such as the VFW, because of their vital concern with various areas of legislation, have considerable knowledge regarding the laws affecting their interests and have the services of legislative draftspersons for this purpose. The work of Congress is initiated by the introduction of a proposal in one of four forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution. The most customary form used in both Houses is the bill. For the purpose of simplicity, this discussion will be confined generally to the procedure on a House of Representatives bill, with brief comment on each of the forms.
BILLS
Bills may originate in either the House of Representatives or the Senate with one notable exception provided for in the Constitution. Article I, Section 7, of the Constitution provides that all bills for raising revenue shall originate in the House of Representatives but that the Senate may propose or concur with amendments. By tradition, general appropriation bills also originate in the House of Representatives. There are two types of bills—public and private. A public bill is one that affects the public generally. A bill that affects a specified individual or a private entity rather than the population at large is called a private bill. A typical private bill is used for relief in matters such as immigration and naturalization and claims against the United States. A bill originating in the House of Representatives is designated by the letters ‘‘H.R.’’ followed by a number that it retains throughout all its parliamentary stages. The letters signify ‘‘House of Representatives’’ and not, as is sometimes incorrectly assumed, ‘‘House resolution’’. A Senate bill is designated by the letter ‘‘S.’’ followed by its number. The term ‘‘companion bill’’ is used to describe a bill introduced in one House of Congress that is similar or identical to a bill introduced in the other House of Congress. A bill that has been agreed to in identical form by both bodies becomes the law of the land only after—
(1) Presidential approval; or
(2) failure by the President to return it with objections to the House in which it originated within 10 days (Sundays excepted) while Congress is in session; or
(3) the overriding of a presidential veto by a two-thirds vote
in each House.
It does not become law without the President’s signature if Congress by their final adjournment prevent its return with objections.
JOINT RESOLUTIONS
Joint resolutions may originate either in the House of Representatives or in the Senate—not, as is sometimes incorrectly assumed, jointly in both Houses. There is little practical difference between a bill and a joint resolution and the two forms are often used Interchangeably. A joint resolution originating in the House of Representatives is designated ‘‘H.J. Res.’’ followed by its individual number which it retains throughout all its parliamentary stages. One originating in the Senate is designated ‘‘S.J. Res.’’ followed by its number. Joint resolutions, with the exception of proposed amendments to the Constitution, become law in the same manner as bills.
CONCURRENT RESOLUTIONS
A matter affecting the operations of both Houses is usually initiated by a concurrent resolution. concurrent and simple resolutions normally are not legislative in character since not ‘‘presented’’ to the President for approval, but are used merely for expressing facts, principles, opinions, and purposes of the two Houses. A concurrent resolution is not equivalent to a bill and its use is narrowly limited within these bounds. The term ‘‘concurrent’’, like ‘‘joint’’, does not signify simultaneous introduction and consideration in both Houses.
A concurrent resolution originating in the House of Representatives is designated ‘‘H. Con. Res.’’ followed by its individual number, while a Senate concurrent resolution is designated ‘‘S. Con. Res.’’ together with its number. On approval by both Houses, they are signed by the Clerk of the House and the Secretary of the Senate and transmitted to the Archivist of the United States for publication in a special part of the Statutes at Large volume covering that session of Congress.
SIMPLE RESOLUTIONS
A matter concerning the rules, the operation, or the opinion of either House alone is initiated by a simple resolution. A resolution affecting the House of Representatives is designated ‘‘H. Res.’’ followed by its number, while a Senate resolution is designated ‘‘S. Res.’’ together with its number. Simple resolutions are considered only by the body in which they were introduced.
INTRODUCTION OF A BILL AND REFERRAL OF IT TO A COMMITTEE
Any Member, Delegate or the Resident Commissioner from Puerto Rico in the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the ‘‘hopper’’, a wooden box provided for that purpose located on the side of the rostrum in the House Chamber. Permission is not required to introduce the measure. The Member introducing the bill is known as the primary sponsor. An unlimited number of Members may cosponsor a bill. To prevent the possibility that a bill might be introduced in the House on behalf of a Member without that Member’s prior approval, the primary sponsor’s signature must appear on the bill before it is accepted for Introduction. Members who cosponsor a bill upon its date of introduction are original cosponsors. Members who cosponsor a bill after its introduction are additional cosponsors. Cosponsors are not required to sign the bill. In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer’s desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor. A Senator usually makes a statement about the measure when introducing it on the floor. Frequently, Senators obtain consent to have the bill or resolution printed in the Congressional Record following their formal statement. If any Senator objects to the introduction of a bill or resolution, the introduction of the bill or resolution is postponed until the next day. If there is no objection, the bill is read by title and referred to the appropriate committee. If there is an objection, the bill is placed on the Calendar. In the House of Representatives, it is no longer the custom to read bills—even by title—at the time of introduction. The title is entered in the Journal and printed in the Congressional Record, thus preserving the purpose of the custom. The bill is assigned its legislative number by the Clerk. The bill is then referred as required by the rules of the House to the appropriate committee or committees by the Speaker, the Member elected by the Members to be the Presiding Officer of the House, with the assistance of the Parliamentarian. The bill number and committee referral appear in the next issue of the Congressional Record. It is then sent to the Government Printing Office where it is printed in its introduced form and printed copies are made available in the document rooms of both Houses. Printed and electronic versions of the bill are also made available to the public.
Copies of the bill are sent to the office of the chairman of the committee to which it has been referred. The clerk of the committee enters it on the committee’s Legislative Calendar. Perhaps the most important phase of the legislative process is the action by committees. The committees provide the most intensive consideration to a proposed measure as well as the forum where the public is given their opportunity to be heard. A tremendous volume of work, often overlooked by the public, is done by the Members in this phase. There are, at present, 19 standing committees in the House and 16 in the Senate as well as several select committees. In addition, there are four standing joint committees of the two Houses, with oversight responsibilities but no legislative jurisdiction. The House may also create select committees or task forces to study specific issues and report on them to the House. A task force may be established formally through a resolution passed by the House or informally through organization of interested Members by the House leadership.
Each committee’s jurisdiction is divided into certain subject matters under the rules of each House and all measures affecting a particular area of the law are referred to the committee with jurisdiction over that particular subject matter. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings generally, and 17 other categories, including constitutional amendments, immigration and naturalization, bankruptcy, patents, copyrights, and trademarks. In total, the rules of the House and of the Senate each provide for over 200 different classifications of measures to be referred to committees. Membership on the various committees is divided between the two major political parties. The proportion of the Members of the minority party to the Members of the majority party is determined by the majority party, except that half of the members on the Committee on Standards of Official Conduct are from the majority party and half from the minority party.
CONSIDERATION BY COMMITTEE
One of the first actions taken by a committee is to seek the input of the relevant departments and agencies about a bill. Frequently, the bill is also submitted to the General Accounting Office with a request for an official report of views on the necessity or desirability of enacting the bill into law. Normally, ample time is given for the submission of the reports and they are accorded serious consideration. However, these reports are not binding on the committee in determining whether or not to act favorably on the bill. Reports of the departments and agencies in the executive branch are submitted first to the Office of Management and Budget to determine whether they are consistent with the program of the President.
COMMITTEE MEETINGS
Standing committees are required to have regular meeting days at least once a month. The chairman of the committee may also call and convene additional meetings. Three or more members of a standing committee may file with the committee a written request that the chairman call a special meeting. The request must specify the measure or matter to be considered. Committee meetings may be held for various purposes including the ‘‘markup’’ of legislation, authorizing subpoenas, or internal budget and personnel matters. All meetings for the transaction of business of standing committees or subcommittees, except the Committee on Standards of Official Conduct, must be open to the public, except when the committee or subcommittee, in open session with a majority present, determines by record vote that all or part of the remainder of the meeting on that day shall be closed to the public.
PUBLIC HEARINGS
If the bill is of sufficient importance, the committee may set a date for public hearings. The chairman of each committee, except for the Committee on Rules, is required to make public announcement of the date, place, and subject matter of any hearing at least one week before the commencement of that hearing, unless the committee chairman with the concurrence of the ranking minority member or the committee by majority vote determines that there is good cause to begin the hearing at an earlier date.
MARKUP
After hearings are completed, the subcommittee usually will 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. It may decide to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation.
FINAL COMMITTEE ACTION
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. A vote of committee
members is taken to determine whether the full committee will report the bill favorably, adversely, or without recommendation. If the committee votes to report the bill favorably to the House, it may report the bill without amendments or may introduce and report a ‘‘clean bill’’. Committees may authorize the chairman to postpone votes in certain circumstances. Generally, a majority of the committee or subcommittee constitutes a quorum. A quorum is the number of members who must be present in order for the committee to report. This ensures participation by both sides in the action taken. However, a committee may vary the number of members necessary for a quorum for certain actions.
REPORTED BILLS
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 is set forth explaining 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. 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 in the 108th Congress
was numbered 108–1. 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.
FILING OF REPORTS
Measures approved by a committee must be reported by the Chairman promptly after approval.
AVAILABILITY OF REPORTS AND HEARINGS
A measure or matter reported by a committee (except the Committee on Rules in the case of a resolution providing a rule, joint rule, or order of business) may not be considered in the House until the third calendar day (excluding Saturdays, Sundays, and legal holidays unless the House is in session on those days) on which the report of that committee on that measure has been available to the Members of the House. LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES
Each standing committee, other than the Committees on Appropriations and on the Budget, is required to review and study, on a continuing basis, the application, administration, execution, and effectiveness of the laws dealing with the subject matter over which the committee has jurisdiction and the organization and operation of federal agencies and entities having responsibility for the administration and evaluation of those laws. The purpose of the review and study is to determine whether laws and the programs created by Congress are being implemented and carried out in accordance with the intent of Congress and whether those programs should be continued, curtailed, or eliminated.
CALENDARS
The House of Representatives has five calendars of business: the Union Calendar (most Bills go here), the House Calendar (for items not requiring cost appropriations), the Private Calendar, the Corrections Calendar, and the Calendar of Motions to Discharge Committees. The calendars are compiled in one publication printed each day the House is in session. This publication also contains a history of Senate-passed bills, House bills reported out of committee, bills on which the House has acted, and other useful information. When a public bill is favorably reported by all committees to which referred, it is assigned a calendar number on either the Union Calendar or the House Calendar, the two principal calendars of business. The calendar number is printed on the first page of the bill and, in certain instances, is printed also on the back page. In the case of a bill that was referred to multiple committees for consideration in sequence, the calendar number is printed only on the bill as reported by the last committee to consider it.
OBTAINING CONSIDERATION OF MEASURES
Certain measures, either pending on the House and Union Calendars or unreported and pending in committee, are more important and urgent than others and a system permitting their consideration ahead of those that do not require immediate action is necessary. UNANIMOUS CONSENT - The House occasionally employs the practice of allowing reported or unreported measures to be considered by the unanimous agreement of all Members in the House Chamber. SPECIAL RESOLUTION OR ‘‘RULE’’ - To avoid delays and to allow selectivity in the consideration of public measures, it is possible to have them taken up out of their order on their respective calendar or to have them discharged from the committee or committees to which referred by obtaining from the Committee on Rules a special resolution or ‘‘rule’’ for their consideration. CONSIDERATION OF MEASURES MADE IN ORDER BY RULE REPORTED FROM THE COMMITTEE ON RULES - When a rule has been reported to the House, it is referred to the calendar and if it is to be considered immediately on the same legislative day reported, it requires a two-thirds vote for its consideration. MOTION TO DISCHARGE COMMITTEE - A Member may present to the Clerk a motion in writing to discharge a committee from the consideration of a public bill or resolution that has been referred to it 30 legislative days prior thereto.
MOTION TO SUSPEND THE RULES - On Monday and Tuesday of each week and during the last six days of a session, the Speaker may entertain a motion to suspend the rules of the House and pass a public bill or resolution.
CONSIDERATION AND DEBATE - Our democratic tradition demands that bills be given consideration by the entire membership usually with adequate opportunity for debate and the proposing of amendments.
COMMITTEE OF THE WHOLE - In order to expedite the consideration of bills and resolutions, the rules of the House provide for a parliamentary mechanism, known as the Committee of the Whole House on the state of the Union, that enables the House to act with a quorum of less than the requisite majority of 218. A quorum in the Committee of the Whole is 100 members. All measures on the Union Calendar—those involving a tax, making appropriations, authorizing payments out of appropriations already made, or disposing of property—must be first considered in the Committee of the Whole. Members seeking to speak for or against the measure may arrange in advance with the Member in control of the time on their respective side to be allowed a certain amount of time in the debate. Members may also ask the Member speaking at the time to yield to them for a question or a brief statement.
SECOND READING - During general debate on a bill, an accurate account of the time used on both sides is kept and the Chairman terminates the debate when all the time allowed under the rule has been consumed. After general debate, the second reading of the bill begins. The second reading is a section-by-section reading during which time germane amendments may be offered to a section when it is read. Under the normal ‘‘open’’ amendment process, a Member is permitted five minutes to explain the proposed amendment, after which the Member who is first recognized by the Chair is allowed to speak for five minutes in opposition to it. There is technically no further debate on that amendment, thereby effectively preventing filibuster-like tactics. This is known as the ‘‘five-minute rule’’.
AMENDMENTS AND THE GERMANENESS RULE - The rules of the House prohibit amendments of a subject matter different from the text under consideration. This rule, commonly known as the germaneness rule, is considered the single most important rule of the House of Representatives because of the obvious need to keep the focus of a body the size of the House on a predictable subject matter.
THE COMMITTEE ‘‘RISES’’ - At the conclusion of the consideration of a bill for amendment, the Committee of the Whole ‘‘rises’’ and reports the bill to the House with any amendments that have been adopted. In rising, the Committee of the Whole reverts back to the House and the Chairman of the Committee is replaced in the chair by the Speaker of the House. The House then acts on the bill and any amendments adopted by the Committee of the Whole. HOUSE ACTION - Debate on a bill in the House is cut off by moving and ordering ‘‘the previous question’’. All debate is cut off on the bill if this motion is carried by a majority of the Members voting, a quorum being present, or by a special rule ordering the previous question upon the rising of the Committee of the Whole. The Speaker then puts the question: ‘‘Shall the bill be engrossed and read a third time?’’ If this question is decided in the affirmative, the bill is read a third time by title only and voted on for passage.
MOTION TO RECOMMIT - After the previous question has been ordered on the passage of a bill or joint resolution, it is in order to offer one motion to recommit the bill or joint resolution to a committee and the Speaker is required to give preference in recognition for that purpose to a minority party Member who is opposed to the bill or joint resolution. This motion is normally not subject to debate.
QUORUM CALLS AND ROLLCALLS - Article I, Section 5, of the Constitution provides that a majority of each House constitutes a quorum to do business and authorizes a smaller number than a quorum to compel the attendance of absent Members. In order to fulfill this constitutional responsibility, the rules of the House provide alternative procedures for quorum calls in the House and the Committee of the Whole. In the absence of a quorum, 15 Members may initiate a call of the House to compel the attendance of absent Members. Such a call of the House must be ordered by a majority vote. A call of the House is then ordered and the call is taken by electronic device or by response to the alphabetical call of the roll of Members. Absent Members have a minimum of 15 minutes from the ordering of the call of the House by electronic device to have their presence recorded. If sufficient excuse is not offered for their absence, they may be sent for by the Sergeant-at-Arms and their attendance secured and retained.
And finally it comes down to…….. VOTING - There are three methods of voting in the Committee of the Whole that are also employed in the House. These are the voice vote, the division, and the recorded vote. The yea-and-nay vote is an additional method used only in the House, which may be automatic if a Member objects to the vote on the ground that a quorum is not present.
Please feel free to contact
me via e-mail if you have questions at
ignatz4in@aol.com
Yours,
Jim Ellars, VFW National Legislative Chairman
Department of Arizona
