The Lawmaking Process: Congress And How Bills Become Laws

The process of how a bill becomes a law in the United States is a lengthy one. First, a bill is proposed by a sitting member of the U.S. Senate or House of Representatives or is petitioned by a citizen or group of citizens. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any discrepancies between the two versions. Then, both chambers vote on the same version of the bill, and if it passes, it is presented to the president. The president can either approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.

How a bill is proposed

The first step in the legislative process is the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups. The member of Congress supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

Once the bill is drafted, it is introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. In the House, a bill is introduced when it is dropped in the hopper (a wooden box on the House floor). In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation based on the chamber of introduction, for example, "H.R." for House-originated bills.

After being introduced, a bill is referred to the appropriate committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. Committees are not set in stone and can change with each new Congress. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas. A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the bill is accepted, it is reported to the full committee, where the process is repeated. Throughout this stage, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary. If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration.

The bill is introduced

Once a bill is written, it needs a sponsor. The representative who wrote the bill talks to other representatives to get their support. Once a bill has a sponsor and the support of some of the other representatives, it is ready to be introduced.

In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. Only representatives can introduce bills in the U.S. House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. 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 is then assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will hold hearings and meetings to seek input from relevant departments and agencies about the bill. The committee may also submit the bill to the Government Accountability Office for an official report on the necessity or desirability of enacting the bill into law. The committee may also hold public hearings on the bill if it is deemed sufficiently important.

The committee will then consider all the information gathered and hold a "markup" session to make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded.

The bill goes to committee

Once a bill has been introduced, it is assigned to a committee. The committee is made up of groups of Representatives who are experts on topics such as agriculture, education, or international relations. The committee will review, research, and revise the bill before voting on whether or not to send it back to the House floor.

The first step in this process is usually a public hearing, where committee members hear witnesses representing various viewpoints on the bill. Each committee makes public the date, place, and subject of any hearing it conducts. After the hearing is completed, the bill is considered in a session that is popularly known as the "mark-up" session. Members of the committee study the viewpoints presented in detail. Amendments may be offered to the bill, and the committee members vote to accept or reject these changes.

If the committee members would like more information before deciding, the bill is sent to a subcommittee. The bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval. If the committee approves a bill, it is sent, or reported, to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives.

In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requiring a two-thirds vote); 2) a discharge petition can be filed; or 3) the House can use a Calendar Wednesday procedure.

The bill is reported

Once a bill has been introduced, it is assigned to a committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone and may change with each new Congress. Each committee oversees a specific policy area, and the subcommittees take on more specialised policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade.

A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary.

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote.

The bill is voted on

Once a bill has been reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires a two-thirds vote); 2) a discharge petition can be filed; or 3) the House can use a Calendar Wednesday procedure.

Legislation is placed on one of four House Calendars. They are usually placed on the calendars in the order they are reported yet they don't usually come to the floor in this order—some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when.

In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill—no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.

There are three methods for voting on a bill in the U.S. House of Representatives:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
• Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
• Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

Frequently asked questions