Cameron Miranda
The process of how a bill becomes a law is complex and lengthy. A bill has to navigate a series of amendments and votes in both houses, pass through committees, and survive floor votes before landing on the president's desk. Even if a bill manages to get through all these stages, the president can still veto it. However, a veto isn't the end of the road, as Congress can override the veto with a 2/3 majority in both houses.
| Characteristics | Values |
|---|---|
| Where does a bill start? | As an idea from a congressman, a senator, their constituents, an interest group, or the executive branch |
| What happens after a bill is introduced? | It is referred to a relevant committee |
| What happens if a bill gets a majority vote in a committee in the Senate? | It is voted to be an "open rule" (amendments allowed) or a "closed rule" (no amendments) debate, and then it goes to the House if it gets a majority vote |
| What happens if a bill gets a majority vote in the Senate? | It goes to the Rules Committee of the House before it can get to the floor |
| What happens if one house of Congress isn't happy with the bill from the other side? | It heads to a conference committee, which is composed of members of both houses, who come up with a compromised bill that will try to pass both houses again |
| What happens if a bill is vetoed by the president? | It's dead unless it gets a 2/3 vote in both houses |
| What happens if the President neither signs nor vetoes a bill, and Congress is still in session for more than 10 days later? | It automatically becomes a law |
| How can a bill die? | The Speaker or Majority Leader can refuse to refer it to a committee; the committee can choose not to vote on it; it might not get a majority vote in the committee; the entire House can decide to recommit the bill to the committee, which means that it needs to be dropped or significantly changed; the Senate leadership can refuse to schedule a vote on it; senators can filibuster a bill; presidential veto |
What You'll Learn
A congressperson introduces the bill
The formal process of a bill becoming a law begins with a congressperson introducing the bill. This is typically a Congressman or a Senator. However, the idea for the bill can come from an interest group, the executive branch, or even the constituents.
Let's imagine that the bill starts in the Senate because it's easier. Congress has the power to make rules concerning the Armed Forces, so let's say this is a bill about naming helicopters. This bill would be referred to the Senate Armed Services Committee, which would then write up the bill in formal, legal language, or markup, and vote on it. If the markup wins a majority in the committee, it moves to the floor of the full Senate for consideration.
The Senate decides the rules for debate – how long the debate will go on and whether or not there will be amendments. An open rule allows for amendments, while a closed rule does not. Open rules make it much less likely for a bill to pass because proponents of the bill can add clauses that will make it hard for the bill's proponents to vote for. If opponents of our helicopter name bill were to add a clause repealing the Affordable Care Act or something, some supporters of the bill probably wouldn't vote for it. If a bill wins the majority of the votes in the Senate, it moves onto the House.
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The bill goes to a committee
After a bill is introduced, it is referred to a committee. Most bills can start in either legislative house, except for revenue bills, which must start in the House of Representatives. Let's imagine a bill starts in the Senate. If it's a bill about the Armed Forces, for example, it would be referred to the Senate Armed Services Committee. The committee will then write up the bill in formal, legal language, or markup, and vote on it. If the markup wins a majority in the committee, it moves to the floor of the full Senate for consideration.
The Senate decides the rules for debate—how long it will be and whether or not there will be amendments. An open rule allows for amendments, while a closed rule does not. Open rules make it less likely for a bill to pass because proponents of the bill can add clauses that will make it hard for the bill's supporters to vote for. For example, if opponents of a bill to name helicopters were to add a clause repealing the Affordable Care Act, some supporters of the bill probably wouldn't vote for it. If a bill wins the majority of the votes in the Senate, it moves on to the House.
The House has an extra step, in that all bills must go to the Rules Committee, which reports it out to the House. If a bill receives the majority of votes in the House—238 or more, to be exact—it passes. Now, this is important: the exact same bill has to pass both houses before it can go to the president. This almost never happens, though. Usually, the second house to get the bill will want to make some changes. If this happens, it will go to a conference committee made up of members from both houses.
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Amendments are allowed
An open rule makes it much less likely for a bill to pass. This is because the proponents of the bill can add clauses that will make it difficult for the bill's supporters to vote for. For example, if opponents of a bill about naming helicopters were to add a clause repealing the Affordable Care Act, some supporters of the bill would probably not vote for it.
If a bill wins the majority of votes in the Senate, it moves on to the House. The exact same bill must pass both houses before it can go to the President. However, this rarely happens, as the second house usually wants to make changes to the bill. If this occurs, the bill goes to a conference committee, which is made up of members from both houses. The committee then attempts to reconcile both versions of the bill and come up with a new version, sometimes called a compromise bill.
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The bill passes the Senate and moves to the House
The process of a bill becoming a law is complex, with many opportunities for the bill to be blocked or amended. Once the bill has been introduced by a congressperson, it is referred to a committee. If the bill wins a majority vote in the committee, it moves to the floor of the full Senate for consideration. The Senate decides the rules for debate, including the duration and whether amendments are allowed. An open rule allows for amendments, while a closed rule does not. Open rules make it less likely for a bill to pass because supporters of the bill can add clauses that make it difficult for other supporters to vote for.
If the bill wins the majority of votes in the Senate, it moves on to the House. The Senate version of the bill is sent to the House, which has an extra step: all bills must go to the Rules Committee before going out to the floor of the House. If the bill receives the majority of votes in the House (238 or more), it passes.
It is important to note that the exact same bill must pass both houses before it can go to the President. This rarely happens, as the second house often wants to make changes. If this occurs, the bill goes to a conference committee made up of members from both houses, which attempts to reconcile the two versions and come up with a compromise bill.
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The President can veto the bill
After a bill has navigated a series of committees, amendments, and votes in both houses, it can still be stopped in its tracks by a presidential veto. This is not the end of the road for the bill, however, as Congress can override the veto if it gains a two-thirds majority in both houses on a second vote. This is rare but not unheard of; the Taft-Hartley Act of 1953, for example, passed over Truman's veto.
If the president does not want a law to pass but does not want to veto it for political reasons, they can use a pocket veto. This is only possible at the end of a congressional term. If the president neither signs nor vetoes the bill, and Congress goes out of session in the next ten days, the bill does not become law. Congress can avoid this by passing bills to the president before this ten-day period. If Congress remains in session for more than ten days after the president has received the bill, and the president has neither signed nor vetoed it, the bill becomes law without the president's signature.
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Frequently asked questions
A bill is typically introduced by a congressperson, senator, or their constituents.
The bill is sent to a relevant committee, which writes it up in formal, legal language.
The bill is voted to be an "open rule" (amendments allowed) or a "closed rule" (no amendments) debate.
The bill goes to the Rules Committee of the House and then to the floor for a full vote.
The bill is sent to the President, who can sign it into law or veto it.
Note: These answers are based on the US legislative process.
