The legislative process in the United States is a complex one, and it involves both the House of Representatives and the Senate. The process begins with the introduction of a bill, which can be done by any member of Congress. The bill is then assigned to a committee, which will research, discuss, and make changes to it. Following this, the bill is put before the chamber for a vote. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must work out any differences, and then both chambers vote on the same version. If it passes, it is presented to the President. The President can either approve the bill and sign it into law or refuse to approve it, which is called a veto. If the President chooses to veto, Congress can vote to override this, and the bill becomes a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, which is known as a pocket veto and cannot be overridden.
Characteristics | Values |
---|---|
Can a house bill become law without senate approval? | No |
What is required for a bill to become law? | Approval from both the House and the Senate, followed by the President's signature |
Who can introduce a bill? | Any sitting member of the U.S. Senate or House of Representatives |
What is the process after a bill is introduced? | The bill is assigned to a committee, put to a vote, and then sent to the other body for a similar process. Once both bodies vote to accept a bill, they work out any differences between the two versions, and then both chambers vote on the same version of the bill. |
What happens if the President chooses to veto a bill? | In most cases, Congress can vote to override the veto and the bill becomes a law. |
What is the difference between the House and Senate's lawmaking procedures? | While both are equal in how they function, only the House can initiate tax and revenue-related legislation. Only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting. |
What You'll Learn
- Bills must be assigned to a committee
- The committee can 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 to the other body to go through a similar process
- Once both bodies vote to accept a bill, they must work out any differences between the two versions
Bills must be assigned to a committee
The legislative process is a complex one, and the role of committees is an important part of it. Once a bill is introduced, it is assigned to a committee by the Speaker of the House or the presiding officer in the Senate. The Speaker of the House may set time limits on committees. The referral decision is often made by the House or Senate parliamentarian.
Committees are assigned according to the subject matter of the bill. 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.
In the House, bills are usually referred to one committee, but they can be referred to multiple committees. In the Senate, bills are typically referred to the committee with jurisdiction over the predominant issue in the bill.
Committees provide intensive consideration of a proposed measure and are a forum for public input. They are staffed by professionals who assist with the administrative details involved in the consideration of bills.
The committee will hold hearings, during which witnesses may be called to testify. After hearings are completed, the committee will hold a "markup" session, during which the bill is studied in detail and voted on. The committee may decide to report the bill favourably to the full committee, with or without amendments, or unfavourably.
The committee staff then writes a committee report, which describes the purpose and scope of the bill and the reasons for its approval. The report is sent back to the whole chamber and placed on the calendar.
In the House, most bills go to the Rules Committee before reaching the floor. The Rules Committee adopts rules that will govern the procedures under which the bill will be considered by the House.
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The committee can make changes to the bill
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
The committee chair has the chief agenda-setting authority and identifies the bills or issues the committee will act on through hearings and/or a markup. The committee chair chooses the proposal that will be placed before the committee for markup: a referred bill or a new draft text.
The committee markup is the key formal step a committee takes for a bill to advance. During a markup, committee members consider possible changes to the proposal by offering and voting on amendments. If the committee agrees by majority vote to report the bill to the chamber, the committee may vote to report a referred bill with recommended changes that reflect any amendments. Alternatively, the committee may report an original or "clean" bill that was written during the markup process.
The committee can also hold hearings to better understand the bill's implications. Hearings are a forum where committee members and the public can hear about the strengths and weaknesses of a proposal from selected parties, including key executive branch agencies, relevant industries, and groups representing interested citizens. After witnesses give oral remarks, committee members take turns asking them questions.
The committee may also refer the bill to a subcommittee for further specialization on a certain topic. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.
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The bill is then put before the chamber to be voted on
Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on.
In the House of Representatives, the bill 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. It is then sent to the Government Printing Office (GPO) and copies are made.
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 usually made by the House or Senate parliamentarian. Bills may be referred to more than one committee and split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.
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. 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: 1) members can move rules to be suspended (requires a two-thirds vote); 2) a discharge petition can be filed; or 3) the House can use a Calendar Wednesday procedure.
In the House, bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to the floor in this order—some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. In the Senate, legislation is placed on the Legislative Calendar. There is also an Executive Calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.
In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill—no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
In the Senate, debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane—riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death".
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If the bill passes one body of Congress, it goes to the other body to go through a similar process
If a bill passes one body of Congress, it goes to the other body to go through a similar process. This means that the bill will be subject to the same steps and procedures in the second body of Congress as it was in the first.
In the US, the two bodies of Congress are the Senate and the House of Representatives. The process of a bill becoming a law is the same in both bodies, except for a few procedural differences. The main difference is that only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
The process of a bill becoming a law is as follows:
Any member of Congress can introduce a bill. In the House, the legislation is handed to the clerk 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 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.
Committee Action
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 usually made by the House or Senate parliamentarian. The bill may be referred to more than one committee and split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.
Hearings
The committee will request comments about the bill's merit from government agencies. The bill may be assigned to a subcommittee by the Chairman, which will hold hearings and report its findings to the full committee. The full committee will then vote on the bill, and if it passes, it is "ordered to be reported".
Mark-up Session
The committee will hold a "mark-up" session to 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.
Report
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 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.
Rules Committee
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.
Calendar
The bill is placed on the Calendar:
- House: Bills are placed on one of four House Calendars, usually in the order they are reported, but they don't usually come to the floor in this order. Some bills never reach the floor at all. 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 to deal with 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.
Debate and Vote
- House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. The Sponsoring Committee guides the debate, and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. A quorum call is a vote to ensure there are enough members present (218) for a final vote.
- Senate: Debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death".
If the bill passes, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill, it dies.
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Once both bodies vote to accept a bill, they must work out any differences between the two versions
Once both bodies of Congress vote to accept a bill, they must work out any differences between the two versions. This is done by a conference committee made of members from both the House and the Senate. The committee works out the differences between the House and Senate versions of the bill, and the resulting bill returns to the House and Senate for final approval.
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Frequently asked questions
If the House and Senate pass different versions of a bill, a conference committee is formed to work out the differences. This committee is made up of members from each house, usually 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 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.
If the House passes a bill but the Senate does not, the bill dies.
If the Senate passes a bill but the House does not, the bill dies.