Cecily Zamora
The process of introducing and enacting legislation in the United States involves several steps and can be influenced by various factors, including the type of legislation, the chamber of origin, and the level of support among senators. While the initiation of legislation can occur at any time, including during special sessions, the specific procedures and dynamics of the Senate play a crucial role in shaping how laws are introduced and ultimately passed. Senators have the power to propose bills, which are considered the most customary form of legislation, and these proposals can arise from a senator's own initiative or be influenced by external factors such as election campaigns or citizen petitions. However, the path from bill introduction to law is complex and subject to potential delays and amendments.
| Characteristics | Values |
|---|---|
| Can senators introduce laws? | Yes, any member can introduce a piece of legislation. |
| How is a bill introduced? | In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. |
| What is a bill? | A bill is a proposal for a new law or a change to an existing law. |
| Who can propose a bill? | A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. |
| What is a resolution? | A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one Chamber. Simple resolutions are also used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or it may give "advice" on foreign policy or other executive business. Simple resolutions do not require the approval of the other house nor the signature of the president, and they do not have the force of law. |
| What is a concurrent resolution? | Concurrent resolutions, which are designated H.Con.Res. or S.Con.Res., and followed by a number, must be passed in the same form by both houses, but they do not require the signature of the president and do not have the force of law. Concurrent resolutions are generally used to make or amend rules that apply to both houses. |
| What is a pocket veto? | If the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress. |
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![Reauthorization of the Older Americans Act hearing before the Special Committee on Aging, United States Senate, One Hundredth Congress, first session, Casselberry, FL, July 2, 1987 [i.e. 1988]](https://m.media-amazon.com/images/I/71D1yzzDPcL._AC_UY218_.jpg)
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What You'll Learn
Bills and resolutions
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is assigned a number (e.g. HR 1 or S 1) and is labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO), and copies are made. Senate bills can be jointly sponsored, and members can co-sponsor the legislation. The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote. After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
In the Senate, to consider a bill on the floor, the Senate first must agree to bring it up – typically by agreeing to a unanimous consent request or by voting to adopt a motion to proceed to the bill. Only once the Senate has agreed to consider a bill may Senators propose amendments to it. Senate Rule XXII, often called the cloture rule, allows a supermajority to limit debate on a bill and, in the case of a bill, cloture limits the amendments that can be offered. Supporters of a bill under floor consideration can file a cloture motion, signed by at least 16 senators. Two days of session later, senators vote on the cloture motion. If three-fifths (usually 60 senators) agree, then further consideration of the bill is limited to 30 hours, during which only amendments from a pre-specified list of germane ones can be offered. After this final period of consideration, the Senate will take a final vote on the bill. This final vote requires only a simple majority for approval. However, because a cloture process is often required to end debate on a bill, the bill must first garner the support of a three-fifths supermajority.
Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session. If Congress adjourns before the 10 days and the President has not signed the bill, it does not become law ("Pocket Veto."). If the President vetoes the bill, it is sent back to Congress with a note listing their reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers, it becomes law.
A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one chamber. Simple resolutions are also used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or it may give "advice" on foreign policy or other executive business. Simple resolutions do not require the approval of the other house nor the signature of the president, and they do not have the force of law. Concurrent resolutions, which are designated H.Con.Res. or S.Con.Res., and followed by a number, must be passed in the same form by both houses, but they do not require the signature of the president and do not have the force of law. Concurrent resolutions are generally used to make or amend rules that apply to both houses. They are also used to express the sentiments of both of the houses.
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Sources of ideas for legislation
The sources of ideas for legislation in the United States Congress are diverse and unlimited. The most common source is a sitting member of the U.S. Senate or House of Representatives, who may propose a bill during their election campaign, or after taking office, if they identify a need for a new law, amendment, or repeal of an existing law.
Bills can also be proposed by citizens or citizen groups, who can petition their representatives in Congress with recommendations for new or amended laws. This right to petition is guaranteed by the First Amendment to the Constitution. Similarly, state legislatures can request that Congress enact specific federal laws by passing resolutions to be transmitted to the House and Senate as memorials.
Another source of legislative ideas is the annual congressional budget resolution, which sets revenue and spending goals for the upcoming fiscal year. This resolution is used to make or amend rules that apply to both houses and express the sentiments of both houses. For example, a concurrent resolution is used to set the time of Congress' adjournment.
Finally, legislative ideas can also come from committee reports, which are valuable sources of information on the purpose and meaning of laws. These reports are used by courts, executive departments, and the public to understand the legislative history of a law.
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The legislative process
In the House, legislation is handed to the clerk of the House or placed in the hopper. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO), and copies are made. Senate bills can be jointly sponsored, and members can co-sponsor the legislation.
The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote. After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The bill is sent to the President for review. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session. If Congress adjourns before the 10 days and the President has not signed the bill, it does not become law ("Pocket Veto"). If the President vetoes the bill, it is sent back to Congress with a note listing their reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers, it becomes law.
The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.
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Cloture and unanimous consent
The cloture procedure, originating in the French National Assembly, was introduced to the Parliament of the United Kingdom by William Ewart Gladstone to counter the obstructionism of the Irish Parliamentary Party. The term cloture is derived from the French word "clôture", which means "the act of terminating something". The procedure was later adopted by the United States Senate and other legislatures. In Commonwealth countries, the term used is typically "closure" or, informally, "guillotine".
In the US Senate, a cloture motion is a procedural tool used to overcome a filibuster and bring a matter to a vote. It is invoked to end debate and force a final decision on a piece of legislation or a nomination. The cloture motion ripens one hour after the Senate convenes on the second calendar day of the session following the filing of the motion, or at a time designated by unanimous consent. The presiding officer then directs the clerk to report the cloture motion and call the roll to ascertain the presence of a quorum. This quorum call is often waived by unanimous consent. The presiding officer then puts the question, "Is it the sense of the Senate that debate shall be brought to a close?" to the Senate, which votes on the cloture motion. Invoking cloture requires a majority of three-fifths of the Senate (60 votes if there is no more than one vacancy) for most questions. However, a two-thirds majority of senators present and voting is necessary to invoke cloture on a motion or resolution to amend the Standing Rules of the Senate.
Unanimous consent, in the context of the US Senate, refers to the unanimous agreement of all senators to expedite a matter without adhering to all the procedural steps typically required. It is a tool used to streamline the legislative process and save time. Unanimous consent can be used to waive certain rules or procedures, such as the mandatory quorum call during a cloture motion. It allows the Senate to act quickly and efficiently when there is broad agreement. However, a single senator can block unanimous consent and require the Senate to follow regular order.
In the US legislative process, a bill is a proposal for a new law or a change to an existing law. It can be introduced by a sitting member of the Senate or the House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend new or amended laws to their congressional representative. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill then goes through a process of deliberation, debate, and voting in both chambers of Congress. If a bill passes both chambers, any differences between the two versions must be reconciled, and the final version is presented to the President for approval. The President can sign the bill into law or veto it. If vetoed, Congress can override the veto and pass the bill into law with a two-thirds vote in each chamber.
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Committees and mark-up sessions
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee that the bill is referred to is decided by the Speaker of the House or the presiding officer in the Senate, though the actual referral decision is often made by the House or Senate parliamentarian. During a mark-up session, the committee will make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House.
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Frequently asked questions
Yes, any member of the Senate can introduce a piece of legislation. Bills can be jointly sponsored and members can co-sponsor legislation.
Once a bill is introduced, it is assigned a number and sent to the Government Printing Office (GPO) to be copied. It is then assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president for approval.
A concurrent resolution, designated by "H.Con.Res." or "S.Con.Res." followed by a number, must be passed in the same form by both houses. However, it does not require the signature of the president and does not have the force of law. They are used to express the sentiments of both houses or to make or amend rules that apply to both houses.
