The Legislative Process

The legislative process as outlined in the United States Constitution is deceptively simple. The legislative process as actually practiced can be mind-numbingly long and complex. This paper will examine how federal laws are enacted and the role played by each of the three branches in that process, following the route taken by H.R. 3103, the Health Insurance Portability and Accountability Act of 1996. Among other things, the Act allowed employees to maintain their employer-provided health insurance after leaving their jobs, permitted the creation of deductible Medical Savings Accounts (MSA) for self-employed and individuals employed by small businesses, and raised the deductibility of health insurance premiums for the self-employed.

H.R. 3103 came into existence on March 18, 1996, when it was proposed by Representative Bill Archer. House members can propose a bill simply by dropping the draft of the law into a box called the "hopper." Once introduced, the bill receives a number, preceded by "H.R." to signify that the legislation originated in the House of Representatives. The numbering begins at 1 after Congress has been installed. For example, H.R. 3103 was the 3,103rd bill proposed in the House of Representatives during the 104th Congress, which ran from January of 1995 until the end of 1996.

Senators introduce bills by submitting them to the Senate Clerk or via a speech on the floor of the Senate. Such proposals also receive a number, preceded by "S" to sig

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ion will be voted upon as is. The last chance for opponents of a bill to prevent it from coming to a vote is a recommittal motion, which if approved, sends the bill back to the Rules Committee. All of these roadblocks prompt most members of Congress to build a consensus before they actually introduce a bill, especially major legislation. Thus, some bills enjoy smooth sailing through the House. H.R. 3103 was one such bill. Archer's legislation enjoyed the support of the House leadership and the bill's contents had been hammered out before introduction. In addition, the bill's 25 co-sponsors included the chairman of the Ways and Means Committee. Thus, H.R. 3103 breezed through committee and came to the floor of the House with an amendment limiting debate to two hours. A proposal to recommit H.R. 3103 to the Rules Committee was defeated, and on March 28, 1996, the House passed H.R. 3103 by a vote of 267 for, 151 against. After the House passes a bill, it is formally presented to the Senate, where it ceases to be a bill and instead becomes an "act." The Clerk of the House signs the bill and a "reading clerk" delivers it to the Senate while the Senate is in session. The reading clerk is recognized by the Presiding Officer o

Category: Government - T