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Introduction
An effective working relationship with members of Congress
is a basis for later communication, and getting the
legislator to meet with you and listen to your message.
A general knowledge of the legislative process will
help you understand the mechanics of how Congress works.
Every
two years, with the election of the entire House of
Representatives and one-third of the Senate, a new session
of Congress begins. Each Congress is made up of two
yearly sessions. Congress begins the session in January
of each year and usually adjourns in December, except
for election years, when adjournment is early to allow
time for campaigning. Congress can reconvene after the
November elections. This is called a "lame duck" session.
How
A Bill Becomes Law
Anyone may draft a bill. However, only members of Congress
can introduce legislation, and thereby become the sponsor(s).
There are four 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. for a House bill and S. for a Senate
bill--referred to a committee and printed by the Government
Printing Office.
1. Referral to Committee:
Bills are referred to full committees in the House or
Senate according to rules of procedure.
2.
Committee Action:
When a bill goes to 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. At this point,
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.
3.
Subcommittee Review:
Bills are usually referred to a subcommittee for study
and hearings. Hearings provide the opportunity to put
on 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.
4.
Mark Up Sessions:
When the hearings are completed, the subcommittee may
meet to "mark up" the bill. During "mark up", changes
and amendments are made prior to recommending the bill
to the full committee. If a subcommittee votes not to
report legislation to the full committee, the bill dies.
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."
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.
7.
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 determine if, when, and in what order bills come
up. In the Senate, there is only one legislative calendar.
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.
9.
Voting:
After the debate and the approval of any amendments,
the bill is passed or defeated by the members voting.
10.
Referral to Other Chamber:
When the House or Senate passes a bill, 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.
11.
Conference Committee Action:
If the other chamber only makes minor changes to a bill,
it is common for the legislation to go back to the first
chamber for concurrence. However, when the actions of
the other chamber significantly change 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 Senate must approve the
conference report.
12. Final Actions:
After both the House and Senate have approved the bill
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 10 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.
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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