|
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.
Hearing provide the opportunity to put 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
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 committed 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
Report: This report
(Report #xx to accompany H.R. xx) describes the intent and scope, in clearer
language, 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 House or Senate it is placed on the legislative
calendar. In the House, the Speaker, Majority Leader and the Chairman
of the Rules Committed largely determine if, when, and in what order the
bill will come up. In the Senate, where all action is by unanimous
consent, the order for consideration is determined by negotiations between
the Majority and Minority Leaders.
Step 8.
Debate:
When a bill reaches
the floor of the House or Senate, there are rules of procedures governing
the debate on legislation. These rules determine the conditions and
amount of time allocated to 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 an
agreement, the legislation dies. If agreement is reached, a conference
report is prepared describing the committee’s members recommendations for
changes. Both the House and the Senate must approve of the conference
report.
Step
12.
Final Action:
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 “to override the
veto.” This requires a two-thirds roll call vote of the members who are
present in sufficient numbers for a quorum.
top |
