The Legislative Process: How Bills Become Laws For Reporters

The process of how a bill becomes a law is a complex one, and it's the most important job of the U.S. House of Representatives. All laws in the United States begin as bills, and the journey from bill to law involves multiple stages and stakeholders. The process is different in the House of Representatives and the Senate, and it's important for legislative reporters to understand these nuances when covering the topic. The COVID-19 pandemic has disrupted the usual operations of the state legislature, but the process of a bill becoming a law has remained unchanged.

How a bill is proposed

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 or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them.

Once a bill is introduced, it needs a sponsor. The representative talks with other representatives about the bill in hopes of getting their support for it. Once a bill has a sponsor and the support of some of the 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.

When the bill reaches the committee, the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

When the committee has approved 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. When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

How a bill is introduced

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 citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.

Once a bill is written, it needs a sponsor. The representative talks with other representatives about the bill in the hope of gaining their support. Once a bill has a sponsor and the support of some of the 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 in the U.S. House of Representatives, 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 or more committees related to the bill's subject. The committees study the bill and decide if it should be amended, pass, or fail. If passed, the bill moves to other committees of reference or to the full house. The full house then votes on the bill.

The committee process

The committee may hold hearings to better understand the implications of the bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. The bill may also be assigned to a subcommittee by the Chairman, which will study it and hold hearings. The subcommittee will then report its findings to the full committee.

The committee will then hold a "mark-up" session, where they will make revisions and amendments to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded.

After the mark-up session, there is a vote by the full committee, and the bill is "ordered to be reported". The committee staff then prepares a written report explaining why they favour the bill and why they wish to see their amendments adopted. Committee members who oppose the bill may 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, which 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 Legislative Process

The legislative process begins with the introduction of a bill, which can be done by any member of Congress. The bill is then assigned a number (e.g. HR 1 or S 1) and given to the clerk of the House or placed in the hopper. The bill is labelled with the sponsor's name, and members can cosponsor the bill. The bill is then sent to the Government Printing Office (GPO), and copies are made.

Once a bill has passed through the committee process, it is placed on the Calendar:

• House: Bills are placed on one of four House Calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when.
• Senate: Legislation is placed on the Legislative Calendar. There is also an Executive Calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader.

The bill is then debated and voted on. If the bill passes, it is sent to the other chamber, unless that chamber already has a similar measure under consideration. If the House and Senate pass the same bill, it is sent to the President. If they pass different bills, they are sent to a Conference Committee.

Conference Committee

Members from each house form a conference committee and meet to work out the differences between the two versions of the bill. The committee is usually made up of senior members appointed by the presiding officers of the committee that originally dealt with the bill. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate.

The President

The bill is then sent to the President for review. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session. If Congress adjourns before the 10 days and the President has not signed the bill, it does not become law ("Pocket Veto"). If the President vetoes the bill, it is sent back to Congress, and they may attempt to override the veto with a two-thirds majority vote. If the veto is overridden in both chambers, the bill becomes law.

Voting on the bill

Once a bill has been introduced, assigned to a committee, and reported to the House floor, it is ready to be voted on. In the US House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks Representatives to say "aye" if they support the bill and "no" if they oppose it. In a division vote, the Speaker asks supporters of the bill to stand up and be counted, and then asks opponents of the bill to do the same. In a recorded vote, Representatives record their vote using an electronic voting system, and can vote "yes", "no", or "present" if they do not want to vote on the bill. If a majority of Representatives vote "yes", the bill passes in the House and is then certified by the Clerk of the House and delivered to the US Senate.

The bill then goes through many of the same steps in the Senate as it did in the House. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea", the bill passes in the Senate and is ready to be sent to the President.

If a bill has passed in both the House and the Senate, it is then sent to the President. The President has three options: they can sign and pass the bill, in which case it becomes a law; they can refuse to sign or veto the bill, in which case it is sent back to the House along with the President's reasons for the veto; or they can do nothing, in which case there is a pocket veto if Congress is not in session, and the bill does not become a law. If the House and Senate still believe the bill should become a law after a presidential veto, they can hold another vote on the bill. If two-thirds of Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.

The bill becomes a law

The process of turning a bill into a law is a complex one, and it differs slightly depending on the location. Here is a general overview of the steps involved in the United States on a federal level:

The Bill Is Proposed

A bill begins as an idea, which can come from a member of the U.S. Senate or House of Representatives, or be proposed by citizens or advocacy groups. Once an idea is agreed upon, it is drafted into a bill. The primary Congress member supporting the bill is called the "sponsor", and other supporting members are "co-sponsors".

The Bill Is 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. A bill clerk assigns it a number, and a reading clerk reads the bill to all the Representatives. The Speaker of the House then sends the bill to a House standing committee.

The Bill Goes to Committee

The committee reviews, researches, and revises the bill before voting on whether to send it back to the House floor. If the committee requires more information, the bill is sent to a subcommittee for further examination and expert opinions.

The Bill Is Reported

Once the committee has approved a bill, it is sent ("reported") to the House floor for debate. Representatives discuss the bill, explaining their agreement or disagreement, and recommend changes.

The Bill Is Voted On

There are three methods for voting on a bill in the U.S. House of Representatives: viva voce (voice vote), division, and recorded. If a majority of Representatives support the bill, it passes in the House and is certified by the Clerk before being delivered to the U.S. Senate.

The Bill Is Referred to the Senate

In the Senate, the bill goes through similar steps: it is discussed in a committee, reported to the Senate floor, and voted on. If the bill passes in the Senate, it is ready to be presented to the President.

The Bill Is Sent to the President

The President has three options: sign and pass the bill, refuse to sign or veto it, or do nothing (a "pocket veto"). If the President approves, the bill becomes a law. If vetoed, it is sent back to the House of Representatives, along with the President's reasons. If the President does nothing and Congress is not in session, the bill will not become a law.

Overriding a Veto

If the President vetoes a bill, Congress may attempt to override the veto. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden, and the bill becomes a law.

Once a bill is signed by the President or the President's veto is overridden by both houses, it becomes a law and is assigned an official number.

In New York State, the process is similar but involves the Assembly and the Governor instead of the House of Representatives and the President. The Governor has the power to sign or veto bills, and a vetoed bill can become law if two-thirds of the members of each house vote to override the veto.

Frequently asked questions