- A bill must pass both chambers of Congress with identical text, then receive the president's signature — or survive a presidential veto by 2/3 vote in both chambers.
- In the Senate, bills typically need 60 votes to overcome a filibuster — meaning most legislation requires bipartisan support or must use budget reconciliation.
- Over 10,000 bills are introduced per congressional session — fewer than 400 typically become law, reflecting the many procedural and political barriers.
- The conference committee process — resolving House/Senate bill differences — is less commonly used today, replaced by having one chamber simply pass the other's version.
Step 1: Introduction and Committee
Any member of Congress can introduce a bill. In the House, a member places the bill in the "hopper" (a box at the front of the chamber). In the Senate, a member formally introduces the bill from the floor. Revenue bills must originate in the House under Article I of the Constitution.
After introduction, the bill is referred to the relevant committee — or multiple committees if it touches different policy areas. Most bills die in committee: the committee chair can simply decline to schedule a hearing or markup, which functionally kills the bill. This gives committee chairs (and the Speaker and Majority Leader, who influence committee assignments and floor scheduling) enormous gatekeeping power over the legislative agenda.
If a committee does act, it typically holds hearings (testimony from experts, officials, and stakeholders), then conducts a markup — a formal meeting where members propose and vote on amendments. A bill that passes committee markup is reported to the full chamber for a floor vote.
Step 2: Floor Vote
House Floor Process
The House Rules Committee sets the terms for floor debate: how long debate lasts, which amendments can be offered (an "open rule" allows any amendment; a "closed rule" bars all amendments; a "structured rule" permits only specified amendments). The Rules Committee is tightly controlled by the Speaker and majority party, giving leadership substantial control over what bills reach the floor and in what form. A bill needs 218 votes to pass out of a full 435-member House.
Senate Floor Process
The Senate is far less controlled. Because any senator can object to proceeding, most business requires unanimous consent agreements negotiated between party leaders. There is no equivalent of the House Rules Committee — any senator can offer amendments. And the filibuster means that most legislation requires 60 votes to proceed to a final vote, not just a simple majority. The Senate's supermajority threshold is the primary bottleneck for most major legislation.
Step 3: Conference and Presidential Action
If the House and Senate pass different versions of the same bill, the differences must be resolved before the bill can go to the president. This is typically done through a conference committee composed of members from both chambers who negotiate a unified version. In modern practice, leadership often resolves differences through informal negotiations and "ping-pong" — each chamber amending and passing back the bill until both agree on identical text.
Once both chambers pass identical text, the bill goes to the president, who has three options:
Sign it into law (the most common outcome for bills that reach the president's desk). Veto it, returning it to Congress with objections. Congress can override a veto with two-thirds majorities in both chambers (290 House, 67 Senate) — a high bar that makes most vetoes final. Take no action: if the president does not act within 10 days while Congress is in session, the bill becomes law automatically. If Congress has adjourned, inaction constitutes a "pocket veto."
Reconciliation: The Budget Shortcut
Budget reconciliation is a special legislative process that allows certain budget-related bills to bypass the 60-vote Senate filibuster threshold and pass with a simple 51-vote majority. It is governed by the 1974 Congressional Budget Act and the Senate's Byrd Rule.
The Byrd Rule requires that reconciliation provisions directly affect federal spending or revenues and cannot be "extraneous." Provisions that violate the Byrd Rule are stripped from the bill in the Senate unless 60 senators vote to waive the rule. This limits what can be passed through reconciliation — substantive policy changes unrelated to the budget typically cannot survive.
In 2025-2026, Republicans are pursuing reconciliation to extend the 2017 Tax Cuts and Jobs Act provisions set to expire, potentially adding several trillion dollars to the national debt over 10 years. The process requires near-perfect Republican unity in both chambers — Speaker Johnson's 220-215 majority means he cannot afford more than a few defections on any vote.
| Stage | What Happens | Threshold | Primary Kill Zone |
|---|---|---|---|
| Introduction | Member drops bill in hopper (House) or introduces on Senate floor | No vote required | 90%+ of bills die here — chair never schedules a hearing |
| Committee markup | Hearings, amendment votes, committee report | Simple majority in committee | Chair can block by inaction; Freedom Caucus opposition |
| House floor | Rules Committee sets terms; debate; final vote | 218 of 435 | Narrow 220–215 majority means 4 defections = failure |
| Senate floor (standard) | Unlimited debate unless cloture invoked | 60 of 100 to end filibuster | 41 senators can block any legislation indefinitely |
| Reconciliation (exception) | Budget-related bills bypass filibuster | 51 votes (VP breaks ties) | Byrd Rule challenges strip non-budget provisions |
| Conference committee | House+Senate resolve different passed versions | Simple majority in both chambers | Disagreements kill many conference bills; ping-pong negotiations |
| Presidential action | Sign (law), veto (returns to Congress), or 10-day inaction | 2/3 in both chambers to override veto | Veto override requires 290 House + 67 Senate votes — rarely achieved |
Frequently Asked Questions
What is a continuing resolution?
A continuing resolution (CR) is a stopgap spending measure that funds the government at existing levels when Congress has not passed the 12 regular appropriations bills that fund federal agencies. CRs are common because Congress frequently fails to complete the appropriations process before the start of the October 1 fiscal year. A CR can run for days, weeks, or months. If Congress fails to pass a CR or appropriations bills and the president does not sign them, a government shutdown occurs — federal agencies stop non-essential operations and furlough workers.
What is cloture?
Cloture is the Senate procedure to end debate (and the threat of a filibuster) and proceed to a final vote. Invoking cloture requires 60 of 100 senators. Once cloture is invoked, debate is limited to 30 additional hours before a final vote must occur. If 41 or more senators refuse to support cloture, debate can continue indefinitely and the bill effectively dies unless the majority leader withdraws it. Note that in 2013 and 2017, the filibuster was eliminated for executive branch nominations and Supreme Court nominations respectively — only 51 votes are needed for those.
Why is Speaker Johnson's majority so fragile?
Republicans hold a 220-215 majority in the House as of early 2026. With all 215 Democrats voting together against a Republican bill, Speaker Johnson can only afford to lose 4 Republican votes and still pass legislation. Special elections and member deaths or resignations can further erode the majority. This dynamic gives enormous leverage to individual Republican members — particularly members of the House Freedom Caucus who are willing to vote against leadership as a negotiating tactic. Johnson has had to court far-right members and moderate swing-district members simultaneously, a difficult balancing act.
