The Senate's Lawmaking Process: Understanding The Journey

The process of how a bill becomes a law is a long and complex one. In the United States, the lawmaking branch of the federal government is Congress, which consists of the Senate and the House of Representatives. 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 or citizen groups who recommend a new or amended law to their Congressional representative. 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 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. The president then has the option to approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.

A bill is proposed

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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a bill is written, it needs a sponsor. The representative talks with other representatives about the bill to get their support. Once a bill has a sponsor and the support of some of the other representatives, it is ready to be introduced.

In the U.S. House of Representatives, 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.

The committee members—groups of representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members want more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

A bill is introduced

The process of a bill becoming a law begins with an idea. 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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a bill is drafted, it must be introduced.

In the U.S. House of Representatives, 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 House. 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.

The introduction of a bill in the Senate follows a similar process. A Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill from the floor, usually accompanied by a statement about the measure.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Congress members with particular interests in different topics such as health or international affairs. The committee may choose to hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, it is considered dead.

A bill goes to committee

Once a bill is introduced, it is assigned to a committee whose members will review, research, discuss, and make changes to the bill before voting on whether to send it back to the House or Senate floor. In the House, the Speaker decides which committee the bill goes to, while in the Senate, the presiding officer makes this decision. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. However, these numbers are not set in stone and can change with each new Congress. Each committee oversees a specific policy area, and the subcommittees take on more specialised policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade.

A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and they can compel people to appear using subpoena power if necessary.

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited; senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill—and by extension, its passage—by refusing to stand down. A supermajority of 60 senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote.

A bill is voted on

Once a bill has been introduced, assigned to a committee, and reported, it is put before the chamber to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and those who oppose it to say "no". In a division vote, the Speaker asks supporters of the bill to stand up and be counted, and then asks those who oppose the bill to do the same. In a recorded vote, Representatives record their vote electronically, selecting "yes", "no", or "present" if they don't want to vote. If a majority of Representatives vote "yes", the bill passes in the House and is sent to the Senate.

In the Senate, Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a simple majority (51 of 100) vote "yea", the bill passes in the Senate and is sent to the President.

A bill is sent to the president

Once a bill has been approved by both the House of Representatives and the Senate, it is sent to the President. The President has three options:

• Sign and pass the bill, at which point it becomes a law.
• Refuse to sign, or veto, the bill. In this case, the bill is sent back to the House of Representatives, along with the President's reasons for the veto. If the House and the 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.
• 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 a law.

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