Gavin Howe
The process of how a bill becomes a law was the subject of an old TV show, Schoolhouse Rock!, which aired in the 1970s and featured a song called I'm Just a Bill. The show explained the process of how a bill becomes a law in the United States, from its introduction to its enactment.
In the United States, the process of creating and modifying laws falls to Congress, which is the Legislative Branch of the US government. Any member of Congress can introduce a bill, which is a proposal for a new law or a change to an existing one. Once introduced, the bill is assigned to a committee, which will research, discuss, and make changes to it. The bill then goes through a process of research, discussion, changes, and voting in both the House of Representatives and the Senate. If the bill passes in both chambers, the two versions must be reconciled, and the final bill is then presented to the President for approval. The President can approve the bill, or veto it, in which case Congress can vote to override the veto. If the bill is approved, it becomes a law.
What You'll Learn
How a bill is introduced
The process of introducing a bill is the first step in the legislative process. In the House of Representatives, a bill is introduced when a representative sponsors it and it is then assigned to a committee for study. In the Senate, a legislator sponsors a bill and it is referred to one or more committees related to the bill's subject.
In both the House and the Senate, any member can introduce a bill. In the House, the bill is handed to the clerk or placed in the hopper, whereas in the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction is postponed until the next day.
Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) for copying. In the Senate, bills can be jointly sponsored. Members can also cosponsor legislation.
The next step is committee action. The bill is referred to the appropriate committee, with the referral decision usually made by the House or Senate parliamentarian. The bill is placed on the calendar of the committee and if no action is taken, it is effectively killed. The committee will then hold a "mark-up" session where revisions and additions are made. If substantial amendments are made, a "clean bill" with a new number is introduced, and the old bill is discarded.
The committee will also request comments about the bill's merit from government agencies and may hold hearings. Subcommittees will report their findings to the full committee, which will then vote on the bill—ordering it to be reported. Finally, the committee staff prepares a written report explaining why they favour the bill and wish to see their amendments adopted. This report is sent back to the whole chamber and placed on the calendar.
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Committee action
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. This is known as the committee action stage.
The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The actual referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to more than one committee, and 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. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership.
Comments about the bill's merit are requested by government agencies. The bill can be assigned to a subcommittee by the Chairman. Hearings may be held to gather the widest possible range of opinions. Citizens can share their opinions on a proposed bill with their Senate representative for relay to the committee members.
The committee system acts as a funnel through which the large number of bills introduced each session must pass before they can be considered. The system also acts as a sieve to sift out undesirable or unworkable ideas.
After consideration, the committee may report the bill to the full Senate for consideration, it may amend the bill, or it may reject it. The committee will hold a "mark-up" session during which it will make revisions and additions. 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.
After the bill is reported, the committee staff prepares a written report explaining why they favor 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.
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The bill is placed on the calendar
Once a bill has been reported, it is placed on the calendar. The calendar is essentially a list of bills eligible for floor consideration. In the House, there are four House Calendars, while in the Senate, there is a Legislative Calendar and an Executive Calendar. The Speaker of the House and the Majority Leader decide what will reach the floor and when.
In the House, the Majority party leadership decides which bills the House will consider, and in what order. For example, after consulting with committee leaders, the Majority party leadership may decide to schedule a bill for expedited floor consideration. Alternatively, the leadership may ask the Rules Committee to start the process of bringing a specific bill to the floor for more lengthy consideration and possible amendments.
In the Senate, the Majority party leadership does not use the same set of rules as the House to bring bills to the floor. One way the Senate can take up a bill is by agreeing to a motion to proceed to it. Once a Senator – typically the majority leader – makes such a motion that the Senate proceed to a certain bill, the Senate can then normally debate the motion to proceed. If it eventually agrees to the motion by a majority vote, the Senate can then begin consideration of the bill. Alternatively, the majority leader can ask for unanimous consent that the Senate take up a certain bill. If no one objects to such a request when it is made, then the Senate can immediately begin consideration of the bill in question.
In both chambers, party leaders keep their membership informed of the anticipated floor schedule using various methods – like periodic whip notices or other frequent communications.
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The bill is voted on
The bill is now ready to be voted on. In the House of Representatives, the bill is placed on one of four House calendars: the Union Calendar, the House Calendar, the Corrections Calendar, or the Private Calendar. The Speaker of the House and the Majority Leader decide what will reach the floor and when. In the Senate, the bill is placed on the Legislative Calendar, or the Executive Calendar if it deals with treaties and nominations. The Majority Leader schedules the legislation, but it can be brought to the floor whenever a majority of the Senate chooses.
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. The Sponsoring Committee guides the debate, and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be relevant to the subject of a bill – no riders are allowed. The bill is reported back to the House 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.
In the Senate, debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be relevant – 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".
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. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
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The bill is sent to the President
Once both chambers of Congress vote to accept a bill, it is presented to the President for review. The President can then choose to approve the bill and sign it into law, or they can veto it. If the President chooses to veto the bill, Congress can override the veto with a vote, and the bill will become a law. However, 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, in what is known as a "pocket veto". This cannot be overridden by Congress.
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Frequently asked questions
The first step is the introduction of the bill. Any member can introduce a piece of legislation. In the House, legislation is handed to the clerk of the House or placed in the hopper. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour.
The bill is then assigned a number (e.g. HR 1 or S 1) and sent to the Government Printing Office (GPO) to be copied. The bill is also labelled with the sponsor's name, and members can cosponsor the bill.
If the President vetoes the bill, it is sent back to Congress with a note listing their reasons. The chamber that originated the legislation can then attempt to override the veto with a two-thirds majority vote. If the veto is overridden in both chambers, the bill becomes a law.
