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.