The U.S. House of Representatives
The Legislative Process - Tying it All Together
- "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 105).
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.
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Updated by House Information Resources on September 23, 1997.