Congress Adjournment: Did Bills Make The Cut?

The process of a bill becoming a law is a long and complex one. In the United States, the process begins with the introduction of the bill, which can be done by any member of Congress. The bill is then assigned a number and sent to the Government Printing Office, where copies are made. Following this, the bill is referred to a committee, which will research, discuss, and make changes to it. The committee may also hold hearings and refer the bill to a subcommittee for further review. Once the committee is done making changes, the bill is sent back to the full chamber, where it is debated and voted on. If the bill passes, it is then sent to the other chamber of Congress, where it goes through a similar process. If both chambers pass the bill, they must work out any differences between their versions and vote on the final bill. Finally, the bill is sent to the President for review. The President can sign the bill into law, or veto it. If the President does not sign the bill within 10 days and Congress is still in session, the bill automatically becomes law. However, if Congress adjourns before the 10 days are up and the President has not signed the bill, it does not become law, in what is known as a pocket veto.

The bill is introduced

The legislative process begins with the introduction of a bill. Any member of the House of Representatives can introduce a bill at any time while the House is in session by simply placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill. In the Senate, a member must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction is postponed until the next day.

Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and the name of its sponsor. It is then sent to the Government Printing Office (GPO) to be copied. Members can also cosponsor the bill.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is often made by the House or Senate parliamentarian. The bill may be referred to multiple committees, and each committee will only work on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will likely lead any action on the bill.

The committee will request comments about the bill's merit from government agencies. The committee chair may also assign the bill to a subcommittee. Hearings may be held, after which the subcommittees report their findings to the full committee. The full committee will then vote on the bill, which is then "ordered to be reported."

The committee will hold a "mark-up" session to make revisions and additions to the bill. If substantial amendments are made, the committee may 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.

After the bill is reported, the committee staff prepares a written report explaining why they support the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose the bill may 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, which adopts rules that will govern the procedures under which the bill will be considered. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.

The bill is then placed on the Calendar:

• House: Bills are placed on one of four House Calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when.
• Senate: Legislation is placed on the Legislative Calendar. There is also an Executive Calendar for treaties and nominations. Scheduling legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

The bill is assigned to a committee

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 referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The actual referral decision is often made by the House or Senate parliamentarian. The Speaker of the House may set time limits on committees.

Committees provide the most intensive consideration of a proposed bill, as well as a forum for the public to be heard. There are 20 standing committees in the House and 16 in the Senate, in addition to several select committees. Each committee's jurisdiction is defined by certain subject matter under the rules of each House, and all measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, immigration policy, bankruptcy, patents, copyrights, and trademarks.

The bill is placed on the calendar of the committee to which it has been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members). The committee may also choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record.

The bill can be assigned to a subcommittee by the Chairman. Subcommittees are organised under committees and have further specialisation on a certain topic. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. The subcommittee then reports its findings to the full committee.

Finally, there is a vote by the full committee—the bill is "ordered to be reported". A 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.

The committee reviews the bill

The committee chair has the chief agenda-setting authority and identifies the bills or issues on which the committee will try to formally act. The committee chair will also choose the proposal that will be placed before the committee for mark-up. This is typically a referred bill or a new draft text.

The committee may also request comments about the bill's merit from government agencies. The committee staff will then prepare 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.

The bill is voted on by the full chamber

The bill is then reported, and 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. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The Rules Committee can be bypassed in three ways:

• Members can move rules to be suspended (requires a two-thirds vote)
• A discharge petition can be filed
• The House can use a Calendar Wednesday procedure

In the Senate, there is no Rules Committee, and scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

The bill is sent to the other chamber

Once a bill has been passed by one chamber of Congress, it is sent to the other chamber, where it will go through a similar process of research, discussion, changes, and voting. This chamber may approve the bill as received, reject it, ignore it or change it.

Congress may form a conference committee to resolve or reconcile the differences between the House and Senate versions of a bill. The conference committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill. If the conference committee is unable to reach an agreement, the bill dies.

If the conference committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate.

Frequently asked questions