- "All Legislative Powers herein granted shall be vested in
a Congress of the United States, which shall consist of a Senate
and House of Representatives."
(Article I, Section 1, of the United
States Constitution)
The chief function of Congress is the making of laws. The legislative
process comprises a number of steps, and much information is available
from this page concerning the legislation introduced and considered
in the 105th Congress. To help you understand the information and
how it interrelates, a very brief overview of the legislative process
within the House of Representatives is presented below. There are
many aspects and variations of the process which are not addressed
here. A much more in-depth discussion and presentation of the overall
process is available in How
Our Laws Are Made. Most of the information presented below was
excerpted from that Congressional document.
Forms of Congressional Action
The work of Congress is initiated by the introduction of a proposal
in one of four principal forms: the bill, the joint resolution, the
concurrent resolution, and the simple resolution.
- Bills
- A bill is the form used for most legislation, whether permanent
or temporary, general or special, public or private. A bill originating
in the House of Representatives is designated by the letters "H.R.",
signifying "House of Representatives", followed by a
number that it retains throughout all its parliamentary stages.
Bills are presented to the President for action when approved
in identical form by both the House of Representatives and the
Senate.
- Joint Resolutions
- Joint resolutions may originate either in the House of Representatives
or in the Senate. There is little practical difference between
a bill and a joint resolution. Both are subject to the same procedure,
except for a joint resolution proposing an amendment to the Constitution.
On approval of such a resolution by two-thirds of both the House
and Senate, it is sent directly to the Administrator of General
Services for submission to the individual states for ratification.
It is not presented to the President for approval. A joint resolution
originating in the House of Representatives is designated "H.J.Res."
followed by its individual number. Joint resolutions become law
in the same manner as bills.
- Concurrent Resolutions
- Matters affecting the operations of both the House of Representatives
and Senate are usually initiated by means of concurrent resolutions.
A concurrent resolution originating in the House of Representatives
is designated "H.Con.Res." followed by its individual
number. On approval by both the House of Representatives and Senate,
they are signed by the Clerk of the House and the Secretary of
the Senate. They are not presented to the President for action.
- Simple Resolutions
- A matter concerning the operation of either the House of Representatives
or Senate alone is initiated by a simple resolution. A resolution
affecting the House of Representatives is designated "H.Res."
followed by its number. They are not presented to the President
for action.
For more information on bills and resolutions see Forms
of Congressional Action in How
Our Laws Are Made.
Introduction and Referral to Committee
Any Member in the House of Representatives may introduce a bill at
any time while the House is in session by simply placing it in the
"hopper" provided for the purpose at the side of the Clerk's
desk in the House Chamber. The sponsor's signature must appear on
the bill. A public bill may have an unlimited number of co-sponsoring
Members. The bill is assigned its legislative number by the Clerk
and referred to the appropriate committee by the Speaker, with the
assistance of the Parliamentarian. The bill is then printed in its
introduced form, which you can read in Bill
Text. If a bill was introduced today, summary information about
it can be found in Bill
Status Today
An important phase of the legislative process is the action taken
by committees. It is during committee action that the most intense
consideration is given to the proposed measures; this is also the
time when the people are given their opportunity to be heard. Each
piece of legislation is referred to the committee that has jurisdiction
over the area affected by the measure.
For more information on this step of the legislative process see
Introduction
and Reference to Committee of How
Our Laws Are Made.
Consideration by Committee
- Public Hearings and Markup Sessions
- Usually the first step in this process is a public hearing,
where the committee members hear witnesses representing various
viewpoints on the measure. Each committee makes public the date,
place and subject of any hearing it conducts. The Committee
Meetings scheduled for today are available along with other
House
Schedules. Public announcements are also published in the
Daily Digest portion of the Congressional
Record.
A transcript of the testimony taken at a hearing is made available
for inspection in the committee office, and frequently the complete
transcript is printed and distributed by the committee.
After hearings are completed, the bill is considered in a session
that is popularly known as the "mark-up" session. Members
of the committee study the viewpoints presented in detail. Amendments
may be offered to the bill, and the committee members vote to
accept or reject these changes.
This process can take place at either the subcommittee level
or the full committee level, or at both. Hearings and markup sessions
are status steps noted in the Legislative Action portion of Bill
Status.
- Committee Action
- At the conclusion of deliberation, a vote of committee or subcommittee
Members is taken to determine what action to take on the measure.
It can be reported, with or without amendment, or tabled, which
means no further action on it will occur. If the committee has
approved extensive amendments, they may decide to report a new
bill incorporating all the amendments. This is known as a "clean
bill," which will have a new number. Votes in committee can
be found in Committee Votes.
If the committee votes to report a bill, the Committee
Report is written. This report describes the purpose and scope
of the measure and the reasons for recommended approval. House
Report numbers are prefixed with "H.Rpt." and then a
number indicating the Congress (currently 107).
For more information on bills and resolutions see Consideration
by Committee in How
Our Laws Are Made.
House Floor Consideration
- Consideration of a measure by the full House can be a simple
or very complex operation. In general a measure is ready for consideration
by the full House after it has been reported by a committee. Under
certain circumstances, it may be brought to the Floor directly.
- The consideration of a measure may be governed by a "rule."
A rule is itself a simple resolution, which must be passed by
the House, that sets out the particulars of debate for a specific
bill -- how much time will allowed for debate, whether amendments
can be offered, and other matters.
- Debate time for a measure is normally divided between proponents
and opponents. Each side yields time to those Members who wish
to speak on the bill. When amendments are offered, these are also
debated and voted upon. If the House is in session today, you
can see a summary of Current
House Floor Proceedings.
- After all debate is concluded and amendments decided upon, the
House is ready to vote on final passage. In some cases, a vote
to "recommit" the bill to committee is requested. This
is usually an effort by opponents to change some portion or table
the measure. If the attempt to recommit fails, a vote on final
passage is ordered.
Resolving Differences
- After a measure passes in the House, it goes to the Senate for
consideration. A bill must pass both bodies in the same form before
it can be presented to the President for signature into law.
- If the Senate changes the language of the measure, it must return
to the House for concurrence or additional changes. This back-and-forth
negotiation may occur on the House floor, with the House accepting
or rejecting Senate amendments or complete Senate text. Often
a conference committee will be appointed with both House and Senate
members. This group will resolve the differences in committee
and report the identical measure back to both bodies for a vote.
Conference committees also issue reports outlining the final version
of the bill.
Final Step
- Votes on final passage, as well as all other votes in the House,
may be taken by the electronic voting system which registers each
individual Member's response. These votes are referred to as Yea/Nay
votes or recorded votes, and are available in House Votes by Bill
number, roll call vote number or words describing the reason for
the vote.
- Votes in the House may also be by voice vote, and no record
of individual responses is available.
- After a measure has been passed in identical form by both the
House and Senate, it is considered "enrolled." It is
sent to the President who may sign the measure into law, veto
it and return it to Congress, let it become law without signature,
or at the end of a session, pocket-veto it.