Bills are a type of legislation which, when passed by both the House and the Senate and approved by the President (or if passed over the President's veto by a two-thirds of both houses) becomes law.
A. Private Bills
Private bills are related to individual grievances against the federal government which, under law cannot be recovered in a court. An individual may ask his or her member to introduce a private bill as a remedy to his or her problem, although the introduction of private bills is rare.
B. Public Bills
All other items of legislation are called public bills because they affect a national or otherwise significant interest.
In the House, public bills are designated by an "H.R." followed by a number (i.e., H.R. 5890). In the Senate, the designation is "S." followed by a number (i.e., S.2572). The first bill introduced in a Congress is given the number "1," and all other bills during that Congress are numbered sequentially thereafter.
C. Resolutions
The other major type of legislation that can be introduced in the House or the Senate is a resolution. There are three types of resolutions.
Joint Resolutions
The one most like a bill is called a joint resolution. Designated as "H.J. Res." or "S.J. Res.", followed by a number, this type of resolution requires passage by both the House and Senate and approval by the President before it is enacted. As such, it does not differ from a bill and is occasionally used to make special appropriations of government money. In addition, joint resolutions are used to propose amendments to the Constitution. A proposed constitutional amendment must be approved by two-thirds of the members of the House and Senate and is not sent to the President for approval. Rather, it is sent to the states for ratification.
Concurrent Resolutions
A concurrent resolution ("H.Con.Res" or "S.Con.Res." followed by a number) is used to express the sentiment of Congress on a particular issue. It must be passed by both the House and Senate, but is not sent to the President for approval and does not have the force of law. However, this form of resolution is used to bind Congress to budget limitations under the Congressional Budget Act of 1974.
Simple Resolutions
A simple resolution ("H.Res." or "S.Res." followed by a number) is used to express the sentiment of one house of Congress. This vehicle is used to adopt House or Senate procedural rules, or to express sentiments of congratulations, condolences, etc. In the House, simple resolutions are also used to adopt the debate limitations on a particular bill that have been proposed by the House Rules Committee.
D. Amendments
Amendments are proposed changes or additions to the bill or resolution which are generally offered during committee consideration or floor debate. When an amendment is proposed to a bill scheduled for floor debate, it is given a number (with the first amendment offered during a Congress designated as House or Senate "Amendment No. 1" and all subsequent amendments numbered sequentially thereafter).
While all legislation must be introduced by Members of Congress, the ideas for many items of legislation often originate with others. The degree to which a Member will originate his or her own legislative ideas depends on the Member and on circumstance. Oftentimes, a Senator or a Representative will get an idea for a legislative proposal while reading a newspaper, watching television, or talking with a constituent. Many legislative ideas come from congressional staff, while others are based on proposals introduced by other Members of Congress. When two bills are identical or similar (whether or not both are introduced in the same house), they are called companion bills.
There are occasions when a committee or subcommittee will hold hearings (listen to Congressional hearings via C-SPAN at http://www.capitolhearings.org/) on one or more legislative proposals or hold "oversight" hearings on a subject, and then formulate a bill of its own. These bills are usually introduced by the committee or subcommittee chairman.
A great deal of legislation also originates in the executive branch of government where the White House or the various agencies or departments draft legislation implementing the administration's programs and objectives. The recommendations made by the President in his annual State of the Union and budget messages, for example, are often introduced by Senators and Representatives who are members of the President's party. When this is done, the legislation is said to be introduced by request.
Interest groups and individual constituents are a major source of legislative ideas. These outside sources use personal contacts with members, letters, or position papers to offer their recommendations. Sometimes, they actually draft the legislation and then find one or more Members of Congress to introduce it.
The President or other high administration official may also be the source of a legislative proposal. While the President cannot introduce legislation, he can send an Executive Communication to the Speaker of the House and the President of the Senate transmitting a draft of a legislative proposal. These recommendations are referred to the appropriate committee. Even if the Committee Chairman is of a different party than the President, precedent dictates that he or she will often introduce the President's proposal as legislation. When this is done, the legislation is said to be introduced by request and that phrase will appear next to the Chairman or other sponsor's name on the bill. On some occasions, the President's communications are referred to a committee to determine if legislation should be introduced. In the case of the President's annual Budget Recommendations, the House and Senate Appropriations Committees will each draft several appropriations bills under guidance and rules set by the leadership of the respective chambers and the House and Senate Budget Committees.
If a Member of Congress needs help in drafting legislation, he or she can go to the House or Senate Office of Legislative Counsel. Personal congressional staff also can provide drafting help.
Both the House and Senate have certain functions which do not involve the enactment of legislation. The Senate alone must consent to treaties and approve certain presidential nominations. In the case of impeachments of the President or a Federal judge, the House must approve the charges while the Senate sits as a court to try the impeachment (with representatives of the House acting as prosecutors). If no candidate for President receives a majority of the total electoral votes, the House must choose the President from among the three candidates having the largest number of electoral votes. In addition, each Member of Congress acts as an agent for the people he or she represents. This constituent representation function is a significant responsibility of every Representative and Senator.
As a proposal moves along the legislative path, there are several sectors, or "zones," through which it must pass. The success with which it progresses through these zones determines whether the proposal eventually becomes law. The following chapters of this handbook examine each of these zones.
