The process of a bill becoming law in the United States Congress is a complex and often lengthy one. Not all bills make it through the legislative process, and many are introduced with little chance of passing. However, understanding what happens to most bills in Congress is essential to comprehending the intricacies of the U.S. legislative system. In this article, we will explore the journey of a bill through Congress, the hurdles it faces, and how the concept of “contract“—in the form of legislative agreements and compromises—plays a central role in the process.
1. The Introduction of Bills in Congress
Bills can be introduced in either the House of Representatives or the Senate, and the process generally begins when a Member of Congress (either a Representative or Senator) decides to introduce a new piece of legislation. A bill can be proposed on various subjects, ranging from healthcare and education to foreign policy and environmental protection. While Members of Congress are the primary sponsors of bills, the ideas for legislation often come from a variety of sources, including the President, interest groups, or even constituents.
Once a bill is introduced, it is assigned a number (e.g., H.R. 1234 for a House bill, or S. 5678 for a Senate bill) and is then referred to a relevant committee for consideration. The committee system is vital because committees specialize in particular areas of policy, such as agriculture, defense, or health. Most bills introduced in Congress are referred to a committee for initial review, marking the beginning of the legislative process.
2. Committee Consideration: The Gatekeepers of Legislation
The majority of bills introduced in Congress never make it past the committee stage. Committees hold hearings, gather evidence, and sometimes amend the bills. Committees may invite experts, government officials, or other stakeholders to testify about the bill’s merits and potential impacts. These hearings are an essential part of the legislative process, providing a forum for debate and input from various perspectives.
In many cases, committee members will hold a mark-up session, where they debate and amend the bill’s provisions. Once the committee has reviewed the bill and made any necessary changes, it votes on whether to approve it. If the bill passes out of committee, it moves to the floor of the respective chamber (House or Senate) for further consideration.
However, not all bills are even given a hearing. Some are quickly dismissed due to lack of support, urgency, or relevance to the current political climate. As a result, many bills languish in committee and are never brought up for a vote. This is a key point in understanding why only a small percentage of the bills introduced in Congress actually become law.
3. Floor Debate and Amendments
Once a bill clears the committee, it is debated by the full House or Senate. During this stage, Members of Congress discuss the bill’s provisions, suggest amendments, and ultimately vote on whether to approve it. In the House of Representatives, debate is typically more structured, with a set amount of time allocated for each side to speak. In the Senate, debate is generally more flexible, and Senators can speak for as long as they wish unless limited by unanimous consent or a cloture vote.
During the debate, Members of Congress may propose amendments to the bill. Amendments can range from minor adjustments to major changes in the bill’s language. The process of offering amendments is often a key part of negotiation, as Members of Congress seek to shape the bill in ways that align with their constituents’ interests or their personal policy goals.
Bills often undergo several rounds of amendments during debate, which can make the final version of the bill quite different from the original proposal. This is where the concept of “contract” becomes important: Members of Congress often negotiate compromises through amendments, agreeing to certain changes in exchange for support on other provisions. These legislative agreements can be seen as a form of “contract” between different Members or parties, as each side gives and takes in order to move the bill forward.
4. Voting on the Bill
Once the debate concludes and any amendments have been made, the bill is put to a vote. In the House, the bill may be voted on via a voice vote, in which Members call out “aye” or “no.” If the result is unclear or if a Member requests a recorded vote, the vote is conducted electronically, and Members cast their votes individually. In the Senate, votes are usually conducted by roll call, where each Senator is asked to cast their vote individually.
A bill must pass with a majority vote in the chamber where it was introduced. If the bill is approved, it moves to the other chamber (House or Senate) for consideration. If the bill was introduced in the House, it moves to the Senate, and vice versa. If the bill passes both chambers in identical form, it is sent to the President for approval.
5. The Conference Committee: Resolving Differences
In many cases, the bill that passes one chamber is not identical to the version that passes the other. This is where the concept of “contract” again comes into play. To resolve differences between the two versions of the bill, a conference committee is formed. The conference committee is composed of members from both the House and Senate, often including those who were involved in the original committee work.
The role of the conference committee is to reconcile the differences between the two versions of the bill and create a final, unified version. This often requires negotiation and compromise between the two chambers. If the committee reaches an agreement, the revised bill is sent back to both the House and Senate for a final vote.
It is essential to understand that the conference committee’s role is not to make new policy or to introduce completely new provisions. Instead, it is a forum for reconciling the different versions of the bill passed by each chamber, ensuring that the final version is acceptable to both sides.
6. Presidential Action: Approval or Veto
Once a bill passes both the House and Senate in the same form, it is sent to the President for final approval. The President can take one of several actions:
Sign the Bill into Law: If the President agrees with the bill, they can sign it, and it becomes law.
Veto the Bill: If the President disagrees with the bill, they can veto it. However, a veto can be overridden by a two-thirds majority vote in both the House and Senate. This is a difficult threshold to meet and rarely happens.
Take No Action (Pocket Veto): If the President does not act on the bill within ten days (excluding Sundays) while Congress is in session, the bill automatically becomes law. However, if Congress adjourns within that period, the bill dies (known as a pocket veto).
Presidential vetoes often lead to further negotiations, as Congress attempts to address the President’s concerns in order to secure approval. In this stage, additional compromises are often made to ensure that a veto override is possible.
7. The Fate of Most Bills: A Failure to Pass
While the process described above may seem straightforward, the reality is that most bills introduced in Congress never make it to the President’s desk. Of the thousands of bills introduced in any given Congress, only a small percentage will become law. The majority of bills die at some point in the process—often in committee, or due to lack of support or political will.
For example, in the 116th Congress (2019-2020), over 16,000 bills and resolutions were introduced. Of these, only about 2-3% became law. The remainder were either rejected, failed to advance past the committee stage, or simply ran out of time due to the legislative calendar.
This high failure rate can be attributed to several factors, including partisan gridlock, competing priorities, and the fact that Members of Congress must constantly balance the interests of their constituents, political parties, and personal ideologies. Many bills fail to garner enough support to pass, and even if a bill does pass, it may face significant opposition in the other chamber, making it unlikely to make it to the President’s desk.
Conclusion
The journey of most bills through Congress is a long and arduous one, marked by numerous stages and opportunities for negotiation. From committee hearings and floor debates to the conference committee and presidential action, each step of the legislative process involves careful consideration, negotiation, and, often, compromise.
The concept of “contract” plays a central role in this process, as Members of Congress enter into agreements and make compromises to secure the passage of bills. These legislative contracts, which take the form of amendments and negotiated changes, are vital to the functioning of the U.S. Congress. Ultimately, while most bills fail to become law, those that do often result from a delicate balance of political interests and careful negotiation.
In understanding what happens to most bills in Congress, it becomes clear that the legislative process is not just about creating laws but also about the constant interplay of interests, agreements, and compromises that define the workings of American democracy.
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