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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/she 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/she can veto it; or, if he/she 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.
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