The Legislative Process

Simple Version of the Legislative Process

1. Constituents create an idea
2. Constituents contact their local congressman
3. Congressman authors bill
4. Congressman introduces bill to Congress
5. The bill is assigned to a committee
6. Congressman in the committee discuss and debate the bill
7. The bill is sent to the House floor
8. The House decides yes/no on the bill
9. The bill is sent to the Senate floor
10. Steps 5-8 are repeated in the Senate
11. The bill is then sent to the White House
12. The White House then approves it.

These are the simple steps for legislation to pass. In this 12 step scenario, the bill gets approved and passed in each step. However, that is not the case for every bill.

In the greater picture, legislation may begin in either chamber of Congress. In most cases, though, similar proposals are presented to both chambers of Congress.

Detailed Steps in the House

1. Bill is introduced in the House of Representatives.
2. The bill(also known as a measure) is sent to a standing committee.
3. The standing committee holds hearings and is considered the markup session for changing the bill.
4. At this step, there are two options for the bill.
   • Certain bills that are deemed important goes to the Rules Committee.
   • If it isn’t as important, the leadership of the house sends the updated bill to the House floor.
5. At the House floor, Congressmen can debate and amend the bill.
6. When it comes time to vote on the bill, the House votes and if 218 Congressmen and Congresswomen vote yes to the bill(House majority), then the House passes the measure.

Detailed Steps in the Senate

1. Bill is introduced in the Senate
2. The bill(also known as a measure) is sent to a standing committee.
3. The standing committee holds hearings and is considered the markup session for changing the bill.
4. Unlike the House, the leadership immediately sends the bill to the Senate floor.
5. At the Senate floor, Senators can debate and amend the bill. At this step, there are many options for how the bill can proceed in the Senate.
   • There is unlimited to debate in the Senate whereas in the House there is a specific allocated amount time for the bill on the House floor.
   • There is filibusters at this stage.
   • The majority can invoke a motion of cloture(will go over steps below). However, cloture is usually avoided.
6. Senate passes measure with a vote of 51 for the bill.

Steps after both chambers approve before presented to the President

• One chamber can concede and agree to the other chamber’s updated bill -> This is very unlikely.
• House and Senate exchange amendments to bill and reach agreement. -> Only happens if the differences are minimal.
• Each chamber appoints members to a conference committee that agrees to a conference report. The House and the Senate then have to approve the conference report.-> Most likely

Legislation once it reaches the President

• The President can sign the bill. -> The bill now becomes a law.
• If the President does not sign measure into law in 10 days, there are two conditions.
  • If Congress is in session, then the bill becomes a law.
  • If Congress is not in session, then the bill does not become a law. This is known as a pocket veto.
• The President can veto the bill.
  • The bill does not become a law unless both chambers override the veto with 2/3 majority from both chambers.

How is cloture invoked?

Requirements

• At least 16 Senators need to sign a cloture motion.
  • “We, the undersigned Senators, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, hereby move to bring to a close the debate upon [the matter in question].”
• To present cloture motion, a Senator may interrupt another Senator.
• The cloture motion must sit for one whole Senate Legislative Day.
• The Senate votes on the cloture motion on the first hour of the second day and after a quorum call has established the presence of a quorum.
• The presiding officer presents the cloture motion to the Senate for a rollcall vote at the time required by Rule XXII even if there has been other business on the Senate floor.
• For most cloture cases, 3/5 of the Senate need to approve it. If the bill affects the Senate’s standing rules, then the approval percentage goes to 2/3 of the Senate.
  • Link to the Senate’s standing rules