INITIAL STAGES OF THE LEGISLATIVE PROCESSThe chief function of Congress is the making of laws. The legislative process comprises a number of steps from the formulation of legislation to the final enactment of a bill into law. There are many aspects and variations of the process, but the initial step in the legislative process remains the same. All legislation begins with an idea. After an idea for legislation has been formulated it is then transformed into legislative language, introduced in the House and referred to committee. While these are the earliest stages of the legislative process it is important to note that few bills make it any further. In the 105th Congress 4,874 bills where introduced and only 404 became law. Sources of Legislation - Of the thousands of bills that are introduced each Congress, each are the product of an idea. The ideas for legislation can come from individual Members or groups of Members in response to perceived policy problems, from the Senate, from committees with jurisdiction over specific policies, from advocacy groups in support of particular policies, from the President and his Administration in support of his proposed agenda, from congressional staff, from the media bringing to light problems not seen before, from individual citizens, and from a myriad of other sources, governmental and non-governmental. Drafting Legislation - Legislation can be drafted by Members and their staff, but it is highly recommended that Member offices use the Office of Legislative Counsel when drafting bills and amendments. The Office of Legislative Counsel provides confidential, nonpartisan legislative drafting services and advice for committees and Members of the House. The office is required by statute to be impartial as to issues of legislative policy and to maintain the attorney-client relationship with respect to any communications with Members or committees of the House. Services are provided to members upon request, giving priority to legislation with imminent conference, markup, or floor action. Priority for drafting services is given first to conference managers, second to committees, third to Members controlling floor time, and last to individual Members. However, the office endeavors to meet all requests in a timely manner. The American Law Division of the Congressional Research Service also provides confidential consultation on all legal issues related to the legislative process. Introducing Legislation - Any Member, the Resident Commissioner from Puerto Rico, or the Delegates 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," a wooden box provided for that purpose located on the side of the rostrum in the House Chamber. Permission is not required to introduce a measure. The sponsor's original 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 number and committee referral appear in the next issue of the Congressional Record. It is then sent to the Government Printing Office where it is printed in its introduced form and printed copies are made available in the document rooms of both Houses. Printed and electronic versions of the bill are also made available to the public. It is no longer the custom to read bills, even by title, at the time of introduction. The title is entered in the Journal and printed in the Congressional Record, thus preserving the purpose of the custom. Committee Referral - Each committee's jurisdiction is divided into certain subject matter under House Rule X and all measures affecting a particular area of the law are referred to the committee with jurisdiction over the specific subject matter. Until 1975, the Speaker of the House could refer a bill to only one committee. In modern practice, the Speaker may refer an introduced bill to multiple committees for consideration of those provisions of the bill within the jurisdiction of each committee concerned. However, the Speaker must designate a primary committee of jurisdiction on bills referred to multiple committees. The Speaker may place time limits on the consideration of bills by all committees, but usually time limits are placed only on additional committees. Additional committees are committees other than the primary committee to which a bill has been referred, either initially on its introduction or sequentially following the report of the primary committee. Clause 2 of rule XII outlines the manner in which the Speaker may refer a bill. Once the bill has been referred to a committee, the chairman of the full committee in receipt of the referral can then refer the bill to a subcommittee. Sponsorship and Co-sponsorship of Legislation - For a bill to be introduced the primary sponsor's signature is required, but co-sponsors are not required to sign the bill. Members who co-sponsor a bill upon its date of introduction are original co-sponsors. Members who co-sponsor a bill after its introduction are additional co-sponsors. Co-sponsors are added by the primary sponsor of the legislation. The form for adding co-sponsors is available at the Rules Committee web site at http://www.house.gov/rules/new_sponsors.htm. A co-sponsor can delete their name from a bill or resolution by asking unanimous consent to do so. A Member may not be added or deleted as a co-sponsor after the bill has been reported by the last committee authorized to consider it. Also, the Speaker never entertains a request to delete the name of the sponsor of a bill. Occasionally, a Member may insert the words "by request" after the Member's name to indicate that the introduction of the measure is at the suggestion of some other person or group, most often the President.
Key Parliamentary TermBills Introduced - In both the House and Senate, any number of Members may join in introducing a single bill or resolution. The first Member listed is the sponsor of the bill, and all Members' names following the sponsor's are the bill's co-sponsors. When introduced, a bill is referred to the committee or committees that have jurisdiction over the subject with which the bill is concerned. Under the standing rules of the House and Senate, bills are referred by the Speaker in the House and by the presiding officer in the Senate. In practice, the House and Senate parliamentarians act for these officials and refer the vast majority of bills. |