How Congress Works: Bills To Laws

The process of a bill becoming a law is long and complex, with many opportunities for it to be killed or vetoed. The legislative process begins with the introduction of a bill to Congress, which can be done by any member. The bill is then referred to the appropriate committee, which will hold hearings and make revisions. If the committee votes to approve the bill, it is reported to the floor of the House or Senate, where it will be debated and amended. The bill must then pass both houses of Congress before being sent to the President for review. If the President approves, the bill becomes law. However, if the President vetoes the bill, it is sent back to Congress, which can override the veto with a two-thirds vote in both chambers. Due to the lengthy and intricate nature of the legislative process, it is not surprising that less than 10% of proposed bills become laws.

Bills must be introduced by a member of Congress

The legislative process begins with the introduction of a bill to Congress. Any member of Congress can introduce a piece of legislation. In the House of Representatives, 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 of the bill is postponed until the following day.

The bill is then assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is sent to the Government Printing Office (GPO) where copies are made. Members can also cosponsor the legislation.

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 multiple committees and split so that parts are sent to different committees. The Speaker of the House may also 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 then 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.

Legislation is then placed on the Calendar. In the House, there are four House Calendars. Bills are usually placed on the calendars in the order they are reported, yet they don't usually come to the floor in this order—some bills never reach the floor at all. In the Senate, there is a Legislative Calendar and an Executive Calendar for treaties and nominations. The Speaker of the House and the Majority Leader decide what will reach the floor and when. In the Senate, 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 for 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".

The bill is then voted on. If passed, it is sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee. Most major legislation goes to a Conference Committee.

Bills are assigned to committees

Once a bill has been introduced, it is 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 they may be split so that parts are sent to different committees. The Speaker of the House may also 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. In the House, bills can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

The committee will request comments about the bill's merit from government agencies. The bill can also be assigned to a subcommittee by the Chairman. Hearings may be held, and subcommittees will report their findings to the full committee. There is then a vote by the full committee – the bill is "ordered to be reported".

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.

Committees hold hearings

If the bill survives this stage, hearings are set up, in which various experts, government officials, or lobbyists present their points of view to committee members. After the hearings, the bill is marked up or revised until the committee is ready to send it to the floor.

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.

Bills are debated on the floor

Once a bill has been introduced, referred to the appropriate committee, and reported to the floor of the House or Senate, it is placed on the calendar for consideration. The majority party leadership decides when to place the bill on the calendar, and 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. Once debate is over, the votes of a simple majority pass the bill.

Bills are voted on

Once a bill has been 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 2/3 vote); 2) a discharge petition can be filed; or 3) the House can use a Calendar Wednesday procedure.

Legislation is placed on the Calendar:

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. (Legislation can also be brought to the floor by a discharge petition.)

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.

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.

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".

The bill is voted on. If passed, 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 then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to a Conference Committee. Most major legislation goes to a Conference Committee.

Frequently asked questions