Introduction:
Anyone may draft a bill; however, only members of Congress can introduce
legislation, and by doing so become the sponsor(s). There are four basic
types of legislation: bills, joint resolutions, concurrent resolutions,
and simple resolutions. The official legislative process begins when a
bill or resolution is numbered - H.R. signifies a House bill and S. a
Senate bill - referred to a committee and printed by the Government
Printing Office.
Step 1. Referral to Committee:
With few exceptions, bills are referred to standing committees in the
House or Senate according to carefully delineated rules of procedure.
Step 2. Committee Action:
When a bill reaches a committee it is placed on the committee's
calendar. A bill can be referred to a subcommittee or considered by the
committee as a whole. It is at this point that a bill is examined
carefully and its chances for passage are determined. If the committee
does not act on a bill, it is the equivalent of killing it.
Step 3. Subcommittee Review:
Often, bills are referred to a subcommittee for study and hearings.
Hearings provide the opportunity to put on the record the views of the
executive branch, experts, other public officials, supporters and
opponents of the legislation. Testimony can be given in person or
submitted as a written statement.
Step 4. Mark Up:
When the hearings are completed, the subcommittee may meet to "mark
up" the bill, that is, make changes and amendments prior to
recommending the bill to the full committee. If a subcommittee votes not
to report legislation 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 proposed amendments. The full
committee then votes on its recommendation to the House or Senate. This
procedure is called "ordering a bill reported."
Step 6. Publication of a Written Report:
After a committee votes to have a bill reported, the committee chairman
instructs staff to prepare a written report on the bill. This report
describes the intent and scope of the legislation, impact on existing
laws and programs, position of the executive branch, and views of
dissenting members of the committee.
Step 7. Scheduling Floor Action:
After a bill is reported back to the chamber where it originated, it is
placed in chronological order on the calendar. In the House there are
several different legislative calendars, and the Speaker and majority
leader largely determine if, when, and in what order bills come up. In
the Senate there is only one legislative calendar.
Step 8. Debate:
When a bill reaches the floor of the House or Senate, there are rules or
procedures governing the debate on legislation. These rules determine
the conditions and amount of time allocated for general debate.
Step 9. Voting:
After the debate and the approval of any amendments, the bill is passed
or defeated by the members voting.
Step 10. Referral to Other Chamber:
When a bill is passed by the House or the Senate it is referred 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 change it.
Step 11. Conference Committee Action:
If only minor changes are made to a bill by the other chamber, it is
common for the legislation to go back to the first chamber for
concurrence. However, when the actions of the other chamber
significantly alter the bill, a conference committee is formed to
reconcile the differences between the House and Senate versions. If the
conferees are unable to reach agreement, the legislation dies. If
agreement is reached, a conference report is prepared describing the
committee members recommendations for changes. Both the House and the
Senate must approve of the conference report.
Step 12. Final Actions:
After a bill has been approved by both the House and Senate in identical
form, it is sent to the President. If the President approves of the
legislation he signs it and it becomes law. Or, the President can take
no action for ten days, while Congress is in session, and it
automatically becomes law. If the President opposes the bill he can veto
it; or, if he takes no action after the Congress has adjourned its
second session, it is a "pocket veto" and the legislation
dies.
Step 13. Overriding a Veto:
If the President vetoes a bill, Congress may attempt to "override
the veto." This requires a two thirds roll call vote of the members
who are present in sufficient numbers for a quorum.
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