Our government is based on a federalist system which divides all decision-making between an executive branch, a legislative branch, and a judicial branch. This balance of power, which allows for checks and balances between branches of government, operates at both the national (federal) and state levels.
At the federal level, the legislative branch or U.S. Congress consists of two houses, the U.S. House of Representatives (435 members) and the U.S. Senate (100 members). Members of the House serve for a two-year term; Senators for a six-year term. Every two years, prior to the beginning of a new Congressional cycle, elections are held for all House seats and one-third of the Senate seats. A Congress is divided into two sessions, each lasting one year. For example, 2004 represents the 108th Congress, 2nd session.
You can influence the political process by understanding the legislative process and taking action.
You may impact legislation along the way by:
- providing information and materials to legislators who will introduce the bill;
- testifying at Congressional hearings;
- contacting subcommittee and committee members before a mark-up session;
- communicating with Members of Congress before a House or Senate floor vote;
- writing to the President to indicate your position on an Act of Congress; or
- submitting comments to the federal agency responsible for implementing a new law before the final regulations are published.
The following is an example of the typical path of legislation in Congress.
Early in the year, the President of the United States delivers a message to Congress, usually in three parts: State of the Union, Budget Message, and Economic Message. These messages give the President's ideas for new laws, and may be followed up by specific bills (proposed laws) introduced in Congress by members of the House and/or Senate.
A bill may originate in either house of Congress. Each session of Congress considers and passes judgment on thousands of bills. On average, about 15,000 bills and resolutions are introduced in a Congress, but only about 600 become law during the two-year period.
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After being introduced and assigned an appropriate number by the presiding officer, the bill is referred to a specific committee(s) with jurisdiction over the proposed legislation. Bills are numbered sequentially during the two-year period of a Congress. Senate bills are designated S., (e.g., S. 230) and House bills, H.R. (e.g. H.R. 536), always with a different number.
There are 22 standing committees in the House and 16 in the Senate, as well as several "Select" and "Special" committees. Membership ratios on committees between majority and minority parties are determined at the beginning of a two-year Congressional cycle. The member representing the majority party and having the most years as a member (seniority) is usually designated "chairperson." The most senior member of the minority party is usually designated "ranking minority member." The caucus of their party assigns members to committees and these assignments are confirmed by a floor vote.
As advocates for choice, most of your attention will be focused on the activities of the committees and subcommittees from which a majority of abortion-related legislation originates.
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Once a committee receives a bill, it will usually assign it to an even more specialized subcommittee. The chairperson has the power to report out (approve) the bill, or allow it to "die" in the subcommittee.
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When a committee or subcommittee considers a bill, it may first hold a hearing to allow experts and representatives of interest groups to provide testimony. Prior to the hearing, the subcommittee may also ask the General Accounting Office and affected federal agencies to comment on the proposed legislation. These comments are cleared by the Office of Management and Budget to assure that they are consistent with the President's overall program. After a hearing, all testimony is compiled and published in the Committee Hearing Report.
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Next, the subcommittee will hold a mark-up session, during which time amendments are offered which can change the meaning of the bill. After the subcommittee has completed its "mark-up," the bill is voted on. If it is approved, it is reported out to the full committee for further action.
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After consideration by a subcommittee, the full committee holds a mark-up session where further changes or amendments to the bill are considered and voted on. The committee then votes on whether to order the bill reported to the House or Senate. If the vote is in the affirmative, then an official version of the bill is prepared that contains all the changes approved by the committee.
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After the committee approves a bill, it formulates a Committee Report. This Report describes the bill and the committee's reasons for specific provisions in the legislation. It is written by committee staff and approved by the members. The Report is significant because it is used widely by other legislators and lobbyists to determine the meaning of a bill, and later by federal agencies that use the report to interpret the intent of the bill should it become public law.
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Once approved by the committee, the bill goes to the floor of either the House or Senate for a vote. In the House, the Rules Committee sets the order for bills to be debated, the time limit for debate, and what, if any, amendments will be allowed. Both houses have certain procedures and rules to assist in managing the consideration of a bill on the floor.
Generally, bills are voted on and either approved or rejected at the conclusion of floor debate. Once a bill has been approved, an official copy of the bill is prepared ("engrossed") and signed by the presiding officer, and forwarded to the other legislative house. At this point the bill is now an "act" and is usually referred to the committee of jurisdiction for consideration.
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After both houses have approved similar bills, they are assigned to a Conference Committee made up of Senators and Representatives from the committees of jurisdiction, whose responsibility is to reconcile the differences in the House and Senate versions of the bill. After consensus is reached, a Conference Report is prepared to explain the agreements that were reached.
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After the Conference Report is filed it is sent back to the House and Senate for approval. Amendments to a Conference Report are not permitted; members can only reject or approve it. In most cases, both houses accept decisions of the Conference Committee and the Conference Report is approved, usually by a voice vote. The bill is then sent to the President.
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After Congress has approved a bill, it may take several days or weeks before it reaches the White House. The President has three choices of action on a new bill. If he signs the bill, it becomes public law. If he does not sign the bill within ten working days after he receives it, it automatically becomes law as long as Congress is in session. The President can "pocket veto" the bill when Congress adjourns before the ten days are up. The pocket veto only occurs when Congress is adjourning at the end of its second biennial session, not during the interim recess.
The President's third option is to veto (reject) the bill. It takes a two-thirds vote of both houses of Congress to override a presidential veto. If Congress is successful in overriding the veto, the bill becomes law.
When a bill becomes law, it is given a new "Public Law" number and the Government Printing Office (GPO) publishes the official text. All public laws are numbered to reflect the Congress which created the law (e.g., P.L. 100-98 means the 98th law enacted during the 100th Congress).
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The Executive Branch through its federal agencies or departments is responsible for developing regulations to implement a new law. Generally, the agency that is affected by the law will propose regulations based on the intent of the law as stated in the Committee Report. The proposed regulations are published in the Federal Register and public comments are accepted before the rules become final. Regulations have the full force of law.
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