The process of how a bill becomes a law in the Senate is a complex one. In the United States, federal legislative powers are vested in Congress, which consists of the Senate and the House of Representatives. Any member of Congress can introduce a bill, which is then referred to a committee for review and potential amendments. The bill then goes through a process of debate, votes, and potential referral to the other chamber before being presented to the President for approval or veto. This is a simplified overview of the legislative process, which can vary significantly from bill to bill and is influenced by the President's power of veto.
What You'll Learn
A bill is proposed by a member of the Senate or House of Representatives
The legislative process begins with a bill, which is a proposal for a new law or a change to an existing one. A bill can be drafted by any member of the Senate or House of Representatives, or it can be proposed during their election campaign. Members of the public or advocacy groups can also petition their representative to propose a bill.
The member of Congress who drafts the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once the bill is drafted, it is introduced in the House if a Representative is the sponsor, or in the Senate if a Senator is the sponsor. At this stage, the bill is given a number: H.R. for a House bill, and S. for a Senate bill.
After introduction, the bill is referred to a committee. Committees are composed of groups of Congress members with a particular interest in a specific topic, such as health or international affairs. The bill is carefully examined by the committee, and its chances of passage by the entire Congress are determined. The committee may also hold hearings to better understand the implications of the bill and to put the views of experts, public officials, and supporters and opponents of the bill on the record.
If the committee does not act on a bill, it is considered "dead". However, if the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". The Speaker of the House and the Majority Leader of the Senate then determine if and when the bill will come before the full body for debate and amendment and then final passage.
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The bill is assigned to a committee
Once a bill has been introduced, it is assigned to a committee. Committees are panels of members from both the majority and minority parties, and members typically serve on a small number of committees, often for many years, allowing them to become highly knowledgeable in certain policy areas.
Committees are tasked with researching, discussing, and making changes to the bill. They carefully examine the bill and determine its chances of passage by the entire Congress. Committees may also hold hearings to better understand the implications of the bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the bill to be put on the record. Hearings are an opportunity for witnesses to provide testimony. The committee chair decides whether there will be a hearing on the bill.
The committee may refer the bill to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. This is called a subcommittee review.
Once hearings and subcommittee reviews are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". This is when the bill is put before the chamber to be voted on. If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
After amendments are adopted or rejected, the chair can move to vote the bill favorably out of the committee. If the committee favorably reports out the bill, it then goes to the entire body of the House or the Senate; if not, the bill essentially “dies” in the committee. The committee chair’s staff then writes a report of the bill, describing the intent of the legislation, the legislative history (such as hearings in the committee), the impact on existing laws and programs, and the position of the majority of the committee members.
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The committee debates and amends the bill
The committee stage is a critical phase in the legislative process, where a bill undergoes scrutiny, discussion, and potential revision by a committee of experts. This stage is designed to ensure that bills are thoroughly examined and refined before progressing further. Here's a detailed overview of the committee stage:
The Committee Process:
- Committee Assignment: Once a bill is introduced, it is assigned to a relevant committee in either the House or the Senate. Committees are specialised groups of Congress members with specific interests and expertise in areas like health or international affairs.
- Committee Hearings: The committee may hold hearings to gather testimony and input from various stakeholders, including witnesses, experts, public officials, and supporters or opponents of the bill. This allows for a deeper understanding of the bill's implications and potential impact.
- Subcommittee Review: Often, the committee refers the bill to a subcommittee for further specialised study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.
- Committee Markup: After hearings and subcommittee review, the full committee meets to "mark up" the bill. This involves debating, amending, and rewriting the bill. Amendments are proposed, discussed, and either accepted or rejected.
- Committee Vote: Following the markup process, the committee votes on whether to report the bill favourably or unfavourably to the full chamber (House or Senate). If the committee votes against reporting the bill, it essentially ""dies" and does not progress further.
- Committee Report: If the committee votes in favour of the bill, its chair's staff prepares a committee report. This report describes the intent of the legislation, its legislative history, potential impact on existing laws, and the position of committee members.
The committee stage is a collaborative and deliberative process. During the markup session, committee members engage in robust debates, considering the merits and potential consequences of the bill and its proposed amendments. They may propose, discuss, and vote on amendments to improve the bill's effectiveness, address concerns, or clarify its provisions.
The committee chair plays a crucial role in managing the debate and ensuring a fair and orderly process. The chair may determine the order of discussion, recognise members to speak, and call for votes on amendments. Committee members can offer amendments to the bill, which are then debated and voted on. These amendments might clarify the bill's language, address identified issues, or incorporate feedback from stakeholders.
The committee's majority and minority members actively participate in the debate, bringing their diverse perspectives and ensuring that the bill is thoroughly vetted. The committee process allows for a more detailed examination of the bill than is typically possible during floor debates in the full chamber. It provides an opportunity to refine the bill, ensuring that it is well-crafted, practical, and responsive to the needs and concerns of those it will affect.
The committee stage is a critical checkpoint in the legislative journey of a bill, where it undergoes rigorous scrutiny and revision. This process helps identify potential issues, address concerns, and improve the overall quality of the legislation before it advances to the next stage, where it will face further debate and voting in the full chamber.
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The bill is voted on by the full chamber
Once a bill has been introduced, assigned to a committee, and put on a calendar, it is then put before the full chamber to be voted on. This is also known as the "floor". The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body of the House and the Senate, respectively, for debate and amendment and then final passage.
In the House, a representative may offer an amendment to a bill only if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as the amendment is relevant to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to be passed. Amendments are sometimes accepted by a voice vote, where individuals say "Yea" or "Nay", and the loudest side wins. The names or numbers of individuals voting on each side are not recorded.
The bill is then passed or defeated by the members voting. If the bill passes, it is then referred to the other chamber, where it usually follows the same route through committee and floor action. If the bill is defeated, it is essentially dead.
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The bill is sent to the President for approval
Once a bill has been approved by both the House and the Senate, it is sent to the President for approval. The President has the power to approve or veto a bill. If the President approves, they will sign the bill, and it will become law. If the President does not take action for 10 days while Congress is in session, the bill will automatically become law.
However, if the President opposes the bill, they can veto it. This is known as a "pocket veto" if the President takes no action and Congress adjourns its session. In most cases, Congress can then vote to override the veto, and the bill will become a law. This requires a two-thirds roll call vote of the members who are present in sufficient numbers for a quorum.
The President has influence in the legislative process. They recommend an annual budget for federal agencies and often suggest legislation. The power to veto legislation can also affect the content of bills passed by Congress. It is unusual for a law to be enacted over a presidential veto, so Congress usually accommodates the President's position on proposed policies.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
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.