A Quick Overview of the Legislative Process
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.
This information provided courtesy of Congress.Org.
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