The Legislative Process: How A Bill Becomes Law

The process of a bill becoming a law is a complex one, with many steps and considerations along the way. In the US, the legislative process begins with the introduction of a bill, which can be proposed by any member of the House of Representatives or the Senate, or even by citizens and advocacy groups. The bill is then assigned to a committee, where it is carefully examined, discussed, and potentially amended. This committee stage is crucial, as it determines the fate of the bill: it can be approved and sent back to the full chamber for a vote, or it can be effectively killed if no action is taken. If a bill passes this stage, it goes through a series of votes and further amendments before being presented to the President for approval. The President can choose to sign the bill into law, or they may veto it, in which case Congress has the power to override the veto and pass the bill into law anyway.

Drafting and introducing a bill

Once a bill is proposed, it is handed to the clerk of the House or placed in the hopper in the House of Representatives. In the Senate, a senator must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the following day.

After a bill is introduced, it is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. The bill is then sent to the Government Printing Office (GPO) and copies are made. In the Senate, bills can be jointly sponsored by more than one member. Members can also cosponsor a bill.

After the bill is introduced, it is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.

Committee referral and hearings

Once a bill has been proposed and given to the House Clerk or placed in the hopper in the House of Representatives, it is sent to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The actual referral decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee and split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.

Committees have the power to kill a bill by simply failing to act on it. Bills are placed on the calendar of the committee to which they have been assigned. The committee will then hold hearings on the proposed bill or the chairperson may assign the bill to a subcommittee. Comments about the bill's merit are requested by government agencies. After the bill is discussed, the full committee will vote on it. If the vote passes, the committee will make revisions or edits to the bill. After the edits are made, the committee must vote to accept the changes. If substantial amendments are made, the committee can order the introduction of a "clean bill" which 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 chamber must approve, change or reject all committee amendments before conducting a final passage vote.

Markups and revisions

Once a bill has been discussed and voted on by the committee, it will make revisions and edits to the bill. After the revisions are made, the committee must vote again to accept the changes. If substantial amendments are made, the committee can order the introduction of a "clean bill" that incorporates the proposed amendments. This new bill will be given a new number and will be sent to the floor, while the old bill is discarded. The chamber must then approve, change, or reject all committee amendments before conducting a final passage vote. If the bill passes this vote, it is then sent to the other chamber for deliberation and voting.

The committee will then write a report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill may write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar for debate. In the House, most bills go to the Rules Committee for approval before reaching the floor. The Rules Committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule", for example, sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.

In the House, there must be a quorum vote first to ensure there are enough members present to conduct the vote. If the bill passes, it is then sent to the other chamber for deliberation and voting again. If the bill does not pass either chamber, it dies. If there are two similar bills passed by both chambers, members will meet in a Conference Committee to attempt to come to an agreement on the bills. If the committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.

Floor consideration and voting

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.

When the bill comes up for debate, the House must follow the rules put in place by the Rules Committee when discussing the bill. In the Senate, debate is unlimited unless cloture is invoked. Senators can speak for as long as they like and amendments do not need to be germane—riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death".

After the debate, the bill is voted on. In the House, there must be a quorum call first to make sure 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. If the bill passes, it is then sent to the other chamber for deliberation and voting again. If the bill does not pass either chamber, it dies.

Presidential action

Once a bill has been passed by both the House and the Senate, it is sent to the President for review and signature. This is the final stage of the process, and it is here that a bill officially becomes a law.

The President has a few options for how to proceed with a bill. They can choose to sign the bill, in which case it becomes a law. They can also choose not to sign the bill, in which case it will automatically become law if Congress is in session for another 10 days after the bill is sent to the President. This is known as a "pocket veto". If Congress is not in session within those 10 days, the bill does not become law.

The President can also veto the bill, sending it back to Congress with a note listing their reasons. If this happens, the bill can still become a law if Congress votes to override the veto by a two-thirds majority in both chambers. If the veto is overridden, the bill becomes law.

The President's role in the process of a bill becoming a law is, therefore, a crucial one. They have the power to approve or reject a bill, and their decision can be overridden by Congress. This system of checks and balances ensures that laws are passed with the agreement of both the legislative and executive branches of the US government.

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