Congressional Legislative Process

Anyone may draft a bill but only members of Congress can introduce legislation. By doing so, they become the sponsor(s). There are four basic types of legislation (see glossary for definitions):

  1. Bills
  2. Joint Resolutions
  3. Concurrent Resolutions
  4. 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. 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 4. 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 5. 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 6. Voting: After the debate and the approval of any amendments, the bills is passed or defeated by the members voting.

Step 7. 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 8. 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. If the conferees are unable to reach agreement, the legislation dies. If agreement is reached, a conference report is prepared describing the committee's recommendations for changes. Both the House and Senate must approve the conference report.

Step 9. Final Actions: After a bill has been approved by both chambers in identical form, it is sent to the President. If the President approves of the legislation he signs it and it becomes law. The President can take no action for ten days while Congress is in session and it becomes law automatically. If the President opposes the bill he can veto it. If he takes no action after the Congress has adjourned its second session, it is a "pocket veto" and the legislation dies.

Step 10. 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.