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| ONLINE VERSION | MAY 2000 |
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| ONLINE VERSION | MAY 2000 |
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How Congress Makes Laws |
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As the BMWE struggles to gain a better retirement than that proposed by the railroads and the other rail unions, it is important to review the basic process that the proposed changes to the Railroad Retirement Act must go through in order to become law. The following explanation is basic and does not detail the various complexities which can and often do occur at every step along the way. Partisan battles are often fought at all levels of the process which also complicates matters. In the railroad retirement case, however, it appears that the legislation may be bi-partisan, meaning both Democrats and Republicans will support it. The first step is to draft the language of the proposed legislation. This step may be performed by any individual or group of individuals. In this case, it appears the other 11 rail unions (except the BMWE and the BLE) and the National Carriers' Conference Committee for the railroads drafted the proposed language of a bill based on the terms of their agreement. Since no bill (piece of legislation) can be introduced into Congress except by a Congressman (U.S. Representative or Senator), the railroad coalition next had to seek a sponsor or sponsors for their proposed legislation. At this writing (mid-April) the proposed legislation does not have official sponsors. Most of the work of preparing legislation is done in Congressional committees. The House has 20 standing (permanent) committees and the Senate has 18. There are also four other kinds of committees: 1) subcommittees of the standing committees; 2) special and select committees, appointed for a limited time or purpose; 3) joint committees made up of members of both houses; and 4) commissions and boards that handle various other matters. In both houses of Congress, nearly every bill goes before a standing committee for action. After a bill has a sponsor or group of sponsors, it goes to the congressional clerk who assigns a bill number (prefixed by H.R. for the House of Representatives side and S. for the Senate side). The bill is then sent to the parliamentarian who along with the leadership of whichever chamber (House or Senate) receives the bill refers it to a committee. The committee chair and staff then determine what subcommittee, if any, is to receive it. If a bill is going to die, it usually dies at the committee or subcommittee level. Because the committee process is so often critical to the success
or failure of legislation being passed into law, we have listed on
this page the members of the committees who will probably be handling
the Railroad Retirement legislation. It is important that these
committee members be contacted by railroad workers and told not to
support this legislation until there is consensus by all the parties
involved. On the House side, the railroad retirement issue will more than likely be assigned to the Transportation and Infrastructure Committee (which deals with transportation issues) and the Ways and Means Committee (which deals with taxation issues). On the Senate side, it could be sent to the Senate Finance Committee (which deals with finances and taxation), the Senate Committee on Health, Education, Labor and Pensions (which deals with all labor related issues) or possibly the Commerce, Science and Transportation Committee. The bill could also be assigned to the Joint Committee on Taxation. Once the bill is assigned to the appropriate standing committee(s), the chairman or chairwoman of that committee usually assigns a subcommittee to handle the details of the bill. Since it is obvious that every Congressman can't do everything, most trust the expertise that can be obtained on the subcommittee and full committee. In addition, the political process is always in play - if you handle my bill properly, I'll handle yours. The subcommittee provides the forum where the bill is likely to receive its most thorough consideration and witnesses may testify for and against it. The subcommittee may alter or amend the bill in accordance with the latitude granted them. If a majority of the subcommittee approves, the bill goes back to the full committee. If the bill goes back to the full committee, then once again the bill is subject to hearings and amendments. The committee then takes one of three actions: 1) report (recommend) a bill favorably; 2) report the bill with proposed changes, or 3) fail to report a bill. If the committee decides to report the bill, the chair of the committee designates staff to prepare a report on the bill. The report describes the intent and scope of the legislation, its impact on existing laws, and the views of dissenting members of the committee. When the bill leaves the full committee, it is reported back to the chamber where it originated from. The bill is then placed on a legislative calender. The Speaker of the House and the Majority Leader (on the House side) determine the order that, or even if, the bill will be acted upon. House bills must have cleared the Rules Committee before going to the House floor. If the Rules Committee applies an open rule, the bill is subject to debate, alteration, or amendment. If a modified rule applies, the Rules Committee outlines what the limits of the rules are. If a closed rule applies, the bill is not subject to debate or amendment and must be voted on as presented. After a bill has passed either the Senate or House, then it is passed to the other chamber. In some cases, a like bill is presented to both sides at the same time, thereby saving some time and frustration in the process.
If reconciled, then upon the approval of both the Senate and House, the bill is sent to the President for final approval. The President may sign the bill into law or he may choose to veto it. Should the President veto the bill, it dies, unless Congress overrides the veto with a two thirds majority vote.
PA Bud Schuster, Chairman
MN James Oberstar, Minority Rkg. Member
House Ways and Means Committee
TX Bill Archer, Chairman Democrats (16) NY Charles Rangel, Minority Rkg. Member
Senate Finance Committee
DE William Roth, Chairman Democrats (9) NY Daniel Patrick, Minority Rkg. Member |
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