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The U.S. legislative process

The legislative process described below follows the typical actions of the U.S. Congress. However, there are exceptions to the process and rules outlined. State legislatures follow a similar process, but each state sets its own legislative rules that may differ from typical actions taken at the federal level.

The official legislative process begins when a bill or resolution is “dropped” by a member of Congress. The bill is then numbered (H.R. signifies a House bill and S. a Senate bill), referred to a committee, and printed by the Government Printing Office. The Library of Congress also posted bills on its website. Only the House may initiate revenue-related bills. Bills on any other subject may begin in the House or Senate.

1. Referral to committee: With few exceptions, bills are referred to standing committees in the House or Senate according to specific rules of procedure.
2. Committee action: This is a crucial step in the legislative process and the end of the road for most bills. When a committee decides to act on a bill, it places it on its calendar. It can be referred to a subcommittee for study. At this point, committee members carefully study the bill with the advice of staff. If the committee does not act on a bill, it is the equivalent of killing it in most cases.
   • Subcommittee review: Often, committee leaders referred bills to a subcommittee for study and hearings. Each committee has various subcommittees that focus on specific subject areas. For example, the House Ways and Means Committee has a Health Subcommittee that focuses on health-related issues.
3. Hearings: During hearings, the executive branch, experts, other public officials, and supporters and opponents of the legislation have their say. Testimony can be given in person or submitted as a written statement. Federal committees typically hear in-person testimony from invited speakers. However, anyone can comment “for the record” in written testimony. (In state legislative committee hearings, typically anyone can sign in and speak about a bill.)
4. Mark up: This is another important stage in the legislative process. When hearings are complete, the committee or subcommittee may meet to “mark up” the bill, making changes and amendments before voting on the measure.
5. Committee action to report a bill: After receiving any subcommittee report on a bill, the full committee can conduct further study and hearings, or it can vote on the subcommittee’s recommendations and any proposed amendments. The full committee then votes on its recommendation to the House or Senate. This is called “ordering a bill reported.”
6. Publication of a written report: After a committee votes to have a bill reported, the committee chairman instructs staff to prepare a written report on the bill. This report describes the intent and scope of the legislation, its impact on existing laws and programs, the position of the executive branch, and the views of dissenting members of the committee.
7. Scheduling floor action: After a bill is reported back to the chamber where it originated, it is placed in chronological order on the calendar. In the House there are several different legislative calendars, and the Speaker and majority leader largely determine if, when, and in what order bills are considered. In the Senate there is only one legislative calendar.
8. Rules and debate: When a bill reaches the floor of the House or Senate, rules and procedures must be followed that govern the debate. These rules can determine:
   • The conditions and amount of time allowed for general debate.
   • How a vote will be conducted.
   • What amendments may be offered and in what order.
   • How success or failure of competing amendments related to the same subject will be handled.
9. Voting: After debate and the approval of any amendments, the full chamber votes on the bill, and it is passed or defeated. In most cases, passage requires a majority vote.
   • Cloture: In the U.S. Senate, a vote known as cloture must happen before the vote to pass the bill. This cloture vote is ends debate and clears the way for a vote on the bill. A cloture vote requires a three-fifths super majority vote of all senators, which means 60 senators must agree to end debate and vote on the bill. Many bills supported by the majority of senators fail because it takes more support to reach cloture than pass a bill.
10. Referral to the other chamber: When a bill is passed by the House or the Senate, it is referred to the other chamber where it usually follows a similar route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or change it.
11. Conference committee action: If only minor changes are made to a bill by the other chamber, it is common for the legislation to go back to the first chamber for concurrence — a vote to approve the bill as revised by the other chamber. However, when the actions of the other chamber significantly alter the bill, a conference committee is formed to reconcile differences between the House and Senate versions. Conference committees include both Senators and Representatives. These committees may also be formed to attempt to mesh two different but similar bills together to form a single bill. If the conferees are unable to reach agreement, the legislation dies. If agreement is reached, a conference report is prepared describing the committee’s recommendations for changes. Both the House and the Senate must approve the conference report without any additional changes, referred to as an “up or down vote.” If one or both chambers do not approve the conference report, the bill stalls and often dies.
12. Final actions: After a bill has been approved by both the House and Senate in identical form, it is sent to the President, where one of several things can happen. If the President approves the legislation, the bill is signed and becomes a law. If the President opposes the bill, it is vetoed. Or, the President can take no action for 10 days, resulting in one of two different outcomes:
    • If Congress is in session, the bill automatically becomes law after those 10 days have passed.
    • If Congress has adjourned its second session and the 10 days pass, it is a “pocket veto,” and the legislation dies.
13. Overriding a veto: If the President vetoes a bill, Congress may attempt to “override the veto.” To do so, the bill must pass both houses with a two-thirds roll-call vote of the members who are present in sufficient numbers for a quorum.

Additional information

Bill text has full text of all bills and resolutions introduced. Search by bill number or keyword. Online records date back to the 101st Congress.

Bill status contains information about the current status of all bills and resolutions introduced, including a history of actions on each bill and an indication of its current place in the legislative process. Search by sponsor, legislative step, or keyword. Online records date back to the 93rd Congress.

Committee reports document each committee’s consideration of bills and reasons for recommending their approval, with online records dating back to the 104th Congress.

The Congressional Record includes verbatim accounts of House and Senate floor proceedings, with online records dating back to the 101st Congress.