The Legislative Process: How Bills Become Laws

how a bill becomes a law house and senate

The process of turning a bill into a law is a complex one, requiring the input of both the House and the Senate, as well as the President. The journey begins with an idea, which can come from a Representative or citizen, and is then written into a bill. The bill is introduced by a Representative and placed in the hopper, at which point it is assigned a number and read to all Representatives. It is then sent to a committee, which reviews, researches, and revises the bill before voting on whether to send it back to the House floor. If the committee requires more information, the bill is sent to a subcommittee for closer examination. Once the committee has approved the bill, it is sent back to the House floor for debate, where Representatives discuss the bill and recommend changes. Once all changes have been made, the bill is voted on. If it passes, it is certified by the Clerk of the House and delivered to the Senate. In the Senate, the bill goes through a similar process of committee review, reporting, debate, and voting. If the bill passes in the Senate, it is sent to the President, who can choose to sign and pass the bill, veto it, or do nothing (pocket veto). If the President chooses to veto the bill, it is sent back to the House and Senate, who can hold another vote to override the veto. If the veto is overridden by two-thirds of the Representatives and Senators, the bill becomes a law.

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Bills are introduced by a member of the House or Senate

Bills can be introduced by any member of the House of Representatives or the Senate. In the House, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. 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.

Once introduced, the bill is 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. In the Senate, bills can be jointly sponsored. 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 usually made by the House or Senate parliamentarian. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. The Speaker of the House may also set time limits on committees.

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Bills are assigned to a committee

Once a bill has been introduced, it is assigned to a committee. The committee will then research, discuss, and make changes to the bill. The committee members are groups of representatives who are experts on topics such as agriculture, education, or international relations. The committee may also hold hearings and gather expert opinions. Once the committee has finished its work, the bill is put before the chamber to be voted on.

In the House of Representatives, the Speaker of the House or the House parliamentarian usually decides which committee a bill is assigned to. Bills can be assigned to multiple committees, and the Speaker of the House may set time limits on committees. If a committee fails to act on a bill, it is usually considered dead. In the Senate, the presiding officer typically makes the referral decision, and bills are usually only assigned to one committee.

Committees have significant power and latitude for oversight and investigations. They also play a key role in drafting and considering legislative proposals. Members of Congress often serve on a small number of committees, becoming highly knowledgeable in certain policy areas. Each committee is chaired by a member of the majority party, and the ratio of majority to minority party members generally reflects the overall partisan ratio in the congressional chamber.

The Evolution of Ideas into Laws

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Bills are voted on by the House or Senate

Once a bill has been introduced and assigned to a committee, it is then put before the chamber to be voted on. The bill is first voted on by the body that introduced it, either the House or the Senate.

In the House, a bill must pass by a simple majority (218 out of 435) to move on to the Senate. The House has four types of votes: viva voce (voice vote), division, and recorded. In a viva voce vote, the Speaker of the House asks those in support of the bill to say "aye" and those against it to say "no". In a division vote, the Speaker asks supporters of the bill to stand up and be counted, and then does the same for those who oppose it. In a recorded vote, Representatives use an electronic voting system to record their vote.

In the Senate, a simple majority (51 out of 100) is required to pass a bill. Senators vote by voice, saying "yea" to support a bill and "nay" to oppose it. Unlike the House, the Senate allows for unlimited debate unless cloture is invoked. Senators can also filibuster, or defeat a bill by talking it to death.

If a bill passes in 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.

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Bills are sent to the other chamber

Once a bill has passed in one chamber of Congress, it is sent to the other chamber to go through a similar process of research, discussion, changes and voting. If the bill passes in the second chamber, then both chambers 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.

In the Senate, the bill is assigned to a committee and, if released, debated and voted on. A simple majority (51 out of 100) passes the bill. 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 (which requires a two-thirds vote); a discharge petition can be filed; or the House can use a Calendar Wednesday procedure.

In the 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. In the 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.

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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Bills are sent to the President

Once a bill has been passed by both the House and the Senate, it is sent to the President for review. The President has three options:

  • Sign and pass the bill, which becomes a law.
  • Refuse to sign, or veto, the bill. The bill is then sent back to Congress with a note listing the reasons for the veto. Congress can then attempt to override the veto by a two-thirds majority vote in both the House and the Senate. If the veto is overridden, the bill becomes a law.
  • Do nothing, which is known as a "pocket veto". If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become law.

Frequently asked questions

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 by citizens. 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. 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 president then has the option to approve the bill and sign it into law, or veto it. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law.

While both are equal in how they function, there are some procedural differences. 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.

The House of Representatives is responsible for introducing and sponsoring bills. A bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. Only Representatives can introduce bills in the U.S. House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, the bill is assigned to another committee and, if released, debated and voted on. A simple majority (51 out of 100) passes the bill. The bill is then sent to the President.

If the President chooses to veto a bill, it is sent back to the U.S. House of Representatives, along with the President's reasons for the veto. If the U.S. House of Representatives and the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.

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