Understanding The Process: Bills To Laws

The process of a bill becoming a law is a lengthy one, with several steps and procedures to be followed. A bill is a proposal for a new law or a change to an existing law, which can be introduced by a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it. The bill then goes through a series of votes and amendments in both chambers of Congress before being presented to the President for approval or veto. If the President approves, the bill becomes a law. However, if the President vetoes the bill, Congress can vote to override the veto, and the bill can still become a law.

How a bill is proposed and introduced

The process of a bill becoming a law begins with an idea. Ideas for bills can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a member of Congress has an idea for a law, they can draft a bill.

The Bill Is Proposed

When a bill has been drafted, it needs a sponsor—the primary Congress member supporting the bill. The sponsor will talk with other members of Congress about the bill to gain their support. The other members who support the bill are called co-sponsors. Once a bill has a sponsor and the support of some other members of Congress, it is ready to be introduced.

The Bill Is Introduced

A bill is introduced when it is placed in the hopper—a special wooden box on the side of the clerk's desk. Only members of Congress may introduce legislation, and only Representatives can introduce bills in the U.S. House of Representatives. When a bill is introduced, it is assigned a designation and a number. In the House, a reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

The bill goes to committee

Once a bill has been introduced, it is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members who are particularly interested in different topics, such as health or international affairs. The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee. 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.

Committees are crucial as they provide intensive consideration of a proposed bill and a forum for the public to be heard. Committees will research, discuss, and make changes to the bill. They will carefully examine the bill and determine its chances of passage by Congress. Committees may hold hearings to better understand the implications of the bill, allowing the views of experts, other public officials, supporters, and opponents of the bill to be put on record. If a committee does not act on a bill, it is considered "dead".

Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer the bill back to the full committee. Once hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor.

The committee will also write a committee report, which describes the purpose and scope of the bill, and the reasons for its recommended approval. Generally, a section-by-section analysis will set out what each section of the bill is intended to accomplish. All changes to existing laws must be indicated in the report, along with the text of laws being repealed. Executive communications regarding the bill may also be referenced in the report.

The bill is reported

Once a bill has been assigned to a committee, the committee will meet to "mark up" the bill. They will make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Once the bill reaches the floor, there is additional debate and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members voting. If the bill is passed, it is then referred to the other chamber, where it usually follows the same route through committees and, finally, to the floor. This chamber may approve the bill as received, reject it, ignore it, or change it. Congress may form a conference committee to resolve or reconcile the differences between the House and Senate versions of a bill. If the conference committee is unable to reach an agreement, the bill dies. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill. Both the House and Senate must vote to approve the conference report.

After both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If the President opposes the bill, they may veto the bill. In addition, if no action is taken for 10 days and Congress has already adjourned, there is a "pocket veto".

The bill is voted on

Once a bill has been introduced, assigned to a committee, and marked up, it is put before the chamber to be voted on. This is known as the "floor". The bill is then passed or defeated by the members voting.

In the House of Representatives, a simple majority (218 of 435) is required to pass a bill. The House can also use a Calendar Wednesday procedure, in which each standing committee may bring up for consideration any bill that has been reported on the floor on or before the previous day. The procedure also limits debate for each subject matter to two hours.

In the Senate, a simple majority (51 of 100) is required to pass a bill. The Senate can engage in unlimited debate unless cloture is invoked. Senators can use a filibuster to defeat a measure by "talking it to death".

If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.

The bill is sent to the President

Once a bill has been passed by both the House and the Senate, it is sent to the President for review. The President has 10 days to sign the bill into law or veto it. If the President takes no action for 10 days while Congress is in session, the bill will automatically become law. If the President opposes the bill, they may veto it. If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This is known as a "pocket veto" and cannot be overridden by Congress. If the President chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law.

Frequently asked questions