Adapted from Congress at Your Fingertips from
Capitol Advantage (http://capitoladvantage.com)
NOTE: for much more detailed information
about how the House and Senate make laws visit the Library of
Congress Thomas site at http://thomas.loc.gov/.
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. 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.
Visit http://www.house.gov/fattah/features/how.htm for
the story of how Congressman Chaka Fattah helped pass the Higher
Education Act of 1998. |