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A description of how federal laws are made and the legislative process in the United States Congress. The framers of our Constitution created a strong federal government resting on the concept of "separation of powers." In Article I, Section 1, of the Constitution, the Legislative Branch is created by the following language: "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 5, of the Constitution provides that: "Each House may determine the Rules of its Proceedings, . . .". Upon this elegant, yet simple, grant of legislative powers and rulemaking authority has grown an exceedingly complex and evolving legislative process—much of it unique to each House of Congress. Table of Contents 1. How Our Laws Are Made, by Charles W. Johnson, Parliamentarian (retired), U.S. House of Representatives (2003) I. Introduction II. The Congress III. Sources of Legislation IV. Forms of Congressional Action - Bills - Joint Resolutions - Concurrent Resolutions - Simple Resolutions V. Introduction and Referral to Committee VI. Consideration by Committee - Committee Meetings - Public Hearings - Markup - Final Committee Action - Points of Order With Respect to Committee Hearing Procedure VII. Reported Bills - Contents of Reports - Filing of Reports - Availability of Reports and Hearings VIII. Legislative Oversight by Standing Committees IX. Calendars - Union Calendar - House Calendar - Private Calendar - Corrections Calendar - Calendar of Motions to Discharge Committees X. Obtaining Consideration of Measures - Unanimous Consent - Special Resolution or "Rule" - Consideration of Measures Made in Order by Rule - Reported From the Committee on Rules - Motion to Discharge Committee - Motion to Suspend the Rules - Calendar Wednesday - District of Columbia Business - Questions of Privilege - Privileged Matters XI. Consideration and Debate - Committee of the Whole - Second Reading - Amendments and the Germaneness Rule - The Committee "Rises" - House Action - Motion to Recommit - Quorum Calls and Rollcalls - Voting - Electronic Voting - Pairing of Members - System of Lights and Bells - Recess Authority - Live Coverage of Floor Proceedings XII. Congressional Budget Process XIII. Engrossment and Message to Senate XIV. Senate Action - Committee Consideration - Chamber Procedure XV. Final Action on Amended Bill - Request for a Conference - Authority of Conferees - Meetings and Action of Conferees - Conference Reports - Custody of Papers XVI. Bill Originating in Senate XVII. Enrollment XVIII. Presidential Action - Veto Message - Line Item Veto XIX. Publication - Slip Laws - Statutes at Large - United States Code Appendix 2. The Legislative Process, by Michael Koempel and Judy Schneider, Ch. 8 in the Congressional Deskbook (TheCapitol.Net 2007) 8.00 Introduction 8.01 Legislative Process Flowchart 8.02 House Rules Citations 8.03 Senate Rules Citations 8.04 Selected Procedures: House and Senate Rules 8.10 Types of Measures 8.11 Legislation Glossary 8.20 Drafting and Introducing Legislation 8.21 House Cosponsorship Form 8.22 Sample "Dear Colleague" Letter 8.30 Referral of Legislation to Committee 8.31 Sample Jurisdictional Agreement 8.32 Sample of House Referral 8.40 Committee Hearings 8.41 Committee Hearings Schedule 8.42 Keeping Up with House and Senate Committee Hearings 8.43 Sample Truth in Testimony Form 8.44 Celebrity Witnesses 8.45 Field Hearing Announcement 8.50 Committee Markup 8.51 Committee Markup and Reporting Glossary 8.52 Keeping Up with House and Senate Committee Markups 8.60 Committee Reports 8.61 Reading the Cover Page of a House Committee Report 8.62 House Committee Reports: Required Contents 8.63 Senate Committee Reports: Required Contents 8.70 House Floor: Scheduling and Privilege 8.71 House Calendars 8.72 Daily Starting Times in the House 8.80 House Floor: Methods of Consideration 8.90 Rules Committee and Special Rules 8.91 Special Rules Glossary 8.92 Announcement on Amendments Prior to a Rules Committee Meeting 8.93 Reading a Special Rule 8.100 Consideration of a Special Rule on the House Floor 8.110 Committee of the Whole: Debate 8.111 The Mace 8.112 House versus Committee of the Whole 8.113 Who Is Allowed on the House Floor? 8.114 Committee of the Whole and the House: Stages of Action 8.120 Committee of the Whole: Amendment Process 8.121 Amendment Process Glossary 8.122 Basic House Amendment Tree 8.123 Keeping Up with the House Floor: Scheduling and Proceedings 8.130 House Floor: Voting 8.131 House Voting Glossary 8.140 House Floor: Motion to Recommit and Final Passage 8.141 Approval Terminology 8.150 House and Senate Compared 8.151 Comparison of Selected House and Senate Procedures 8.160 Senate Scheduling 8.161 Keeping Up with the Senate Floor: Scheduling and Proceedings 8.170 Legislative and Calendar Days; Morning Hour and Morning Business 8.180 Senate Calendars and Legislative and Executive Business before the Senate 8.190 Holds, Clearance, and Unanimous Consent 8.191 Who Is Allowed on the Senate Floor? 8.200 Time Agreements and Motions to Proceed on the Senate Floor 8.201 Example of a Senate Unanimous Consent Time Agreement 8.202 Comparing a House Special Rule and a Senate Time Agreement 8.210 Consideration and Debate on the Senate Floor 8.211 Longest Senate Filibusters 8.220 Senate Amendment Procedure 8.230 Cloture in Senate Floor Proceedings 8.231 Steps to Invoke Cloture 8.232 Senate Procedures under Cloture 8.240 Senate Floor: Motion to Reconsider and Final Passage 8.250 Voting in the Senate 8.260 Reconciling Differences between House-Passed and Senate-Passed Legislation 8.261 Reconciling Differences Glossary 8.262 Keeping Up with Reconciling House-Senate Differences 8.270 Amendments between the Houses 8.280 Conference Committees 8.281 Size of Conference Committees 8.282 Authority of Conferees 8.283 Conference Signature Sheet 8.290 Presidential Action on Enacted Measures 8.291 Vetoes and Veto Overrides: Presidential Clout 8.300 Publication of Public Laws 3. Introducing a House Bill or Resolution, Congressional Research Service (CRS) Report for Congress 98-458, November 25, 2008 (see CRS Report 98-458, July 7, 2014, 6-page PDF) 4. The Legislative Process on the House Floor, CRS Report for Congress 98-563, February 2, 2009 (see CRS Report 98-563, December 1, 2016, 18-page PDF) 5. Introducing a Senate Bill or Resolution, CRS Report for Congress 98-459, November 25, 2008 (see CRS Report R44195, January 17, 2017, 12-page PDF) 6. The Legislative Process on the Senate Floor, CRS Report for Congress 96-548, November 26, 2009 (see CRS Report 96-548, August 13, 2014, 20-page PDF) 7. Procedural Distinctions between the House and the Committee of the Whole, CRS Report for Congress 98-143, May 7, 2008 (see CRS Report 98-143, October 17, 2014, 5-page PDF) 8. Committee of the Whole: Stages of Action on Measures, CRS Report for Congress 98-564, December 8, 2006 - Resolving into Committee of the Whole - General Debate - Amendment Under the Five-Minute Rule - Committee of the Whole Reports - House Votes on Amendments - Motion to Recommit - Vote on Final Passage 9. House Committee Markup: Vehicle for Consideration and Amendment, CRS Report for Congress 98-188, July 17, 2008 - Summary - Introduced Measure - Subcommittee Reported Version/Committee Print - Staff Draft/Chairman's Mark - Amendment in the Nature of a Substitute 10. House Committee Markup: Reporting, CRS Report for Congress 98-267, July 17, 2008 - Options for Reporting Amendments - Options on How to Report - Other Reporting Actions and Considerations 11. Provisions of Special Rules in the House: An Example of a Typical Open Rule, CRS Report for Congress 98-334, April 15, 2008 12. Bills and Resolutions: Examples of How Each Kind Is Used, CRS Report for Congress 98-706, November 26, 2008 - Bills (H.R. or S.) - Joint Resolutions (S.J.Res. or H.J.Res.) - Concurrent Resolutions (S.Con.Res. or H.Con.Res.) - Simple Resolutions (H.Res. or S.Res.) 13. Floor Consideration of Conference Reports in the House, CRS Report for Congress 98-736, November 5, 2004 - Filing Conference Reports - Debating Conference Reports - Points of Order 14. The House Amendment Tree, CRS Report for Congress 98-777, May 19, 2008 15. Commonly Used Motions and Requests in the House of Representatives, CRS Report for Congress RL32207, May 22, 2008 (see CRS Report RL32207, September 16, 2015, 20-page PDF) 16. Amendments Between the Houses, CRS Report for Congress 98-812, June 27, 2008 (see CRS Report R41003, March 23, 2015, 40-page PDF) - Summary - Consideration of Senate Amendments by the House - Consideration of House Amendments by the Senate 17. Parliamentary Reference Sources: Senate, CRS Report for Congress RL30788, April 21, 2008 - Introduction - Principles of Senate Parliamentary Practice - Multiple Sources of Senate Procedure - Constitutional Rule-Making Authority of the Senate - Enforcing the Senate Rules and Precedents - The Senate's Reliance on Unanimous Consent - The Importance of Precedents - The Senate's Unofficial Practices - The Senate Manual and Authorities it Contains - Senate Manual - Standing Rules of the Senate - Permanent Standing Orders - Rules for Regulation of the Senate Wing - Rules for Impeachment Trials - Cleaves' Manual on Conferences - Laws Relating to the Senate - Constitution - Other Official Senate Parliamentary Authorities - Riddick's Senate Procedure - Rulemaking Statutes and Budget Resolutions - Legislative Reorganization Acts - Expedited Procedures - Budget Process Statutes - Procedural Provisions in Budget Resolutions - Standing Orders by Unanimous Consent - Unanimous Consent Agreements - Committee Rules of Procedure - Publications of Committees and Offices of the Senate - Budget Process Law Annotated - Senate Cloture Rule - Treaties and Other International Agreements - Enactment of a Law - How Our Laws Are Made - Rules of Senate Party Conferences - Appendix A. Senate Parliamentary Reference Sources - Appendix B. Senate Parliamentary Reference Information Available Through the Internet 18. The Committee System in the U.S. Congress, CRS Report for Congress RS20794, March 21, 2007 - Summary - Introduction - Structure and Organization - Types of Committees - Subcommittees - Composition - Leadership - Staff - Oversight - Operations and Procedures - Referral - Executive Agency Comment - Hearings - Markup - Report - Committees and Chamber Action 19. Other Resources from TheCapitol.Net Capitol Learning Audio Courses TM Understanding the Path of Legislation, ISBN 158733030X Congress, the Legislative Process, and the Fundamentals of Lawmaking, A Nine Course Series, ISBN 1587331241 Conference Committees: How the Work Gets Done, ISBN 1587330210 Live Training Capitol Hill Workshop CapitolHillWorkshop.com https://www.thecapitol.net/Publications/GovernmentSeries/1251_HowOurLawsAreMade.html
