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.