The Legislative Process: From Bill To Law

The process of how a bill becomes a law in the United States involves the House of Representatives, the Senate, and the President. The House of Representatives and the Senate are the two chambers of the United States Congress, which is the law-making branch of the federal government. The process begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed by citizens or citizen groups who petition their representative. Once a bill is introduced, it is assigned to a committee for research, discussion, and potential changes. If the committee releases the bill, it is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the other chamber, where it goes through a similar process. Once both chambers have voted to accept a bill, they work out any differences between their versions and then present the final bill to the President for approval. The President can approve the bill and sign it into law, or they can veto it. If the President vetoes the bill, Congress can override the veto with a two-thirds vote, and the bill will still become a law.

How a bill is proposed

The legislative process begins with the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. Some important bills are introduced at the request of the President, such as the annual federal budget. Members of Congress typically consult with nonpartisan attorneys in each chamber's Legislative Counsel office for assistance in putting policy proposals into legislative language. Members may also circulate the bill and ask others in the chamber to sign on as original co-sponsors of a bill to demonstrate a solid base of support for the idea.

In the House of Representatives, 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. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, which is typically the next number available in sequence during that two-year Congress.

In the House, bills are then referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. If multiple committees are involved and receive the bill, each committee may work only on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will likely take the lead on any action that may occur.

In the Senate, bills are typically referred to the committee in a similar process, though almost always to only the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to the committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

How a bill is introduced

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 typically sponsored by a representative, who introduces it by giving it to the Clerk of the House or by placing it in the hopper, a wooden box on the House floor. In the Senate, a bill is submitted to clerks on the Senate floor.

In the House of Representatives, a bill is assigned a legislative number by the Clerk, who designates it with "H.R." to show that it originated in the House. The bill is then printed by the Government Publishing Office (GPO) and made available digitally through GPO's govinfo.gov. The Speaker of the House then assigns the bill to a committee for review. There are 23 House committees, with 104 subcommittees.

In the Senate, a bill is designated with an "S." and is then typically referred to one of the 17 Senate committees, with 70 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 specialized policy areas.

Once a bill is introduced and assigned to a committee, it can be studied, discussed, and amended. The committee may then choose to release the bill with a recommendation to pass it, revise the bill and then release it, or lay it aside so that the respective chamber cannot vote on it. This last action is called "tabling." If the bill is released, it is said to be "reported out."

How a bill goes to committee

The legislative process begins with the introduction of a bill. 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. Once introduced, the bill is assigned a designation based on the chamber of introduction (e.g. H.R. for House-originated bills) and a number.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. This referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to multiple committees, in which case, one of those committees will be designated the primary committee of jurisdiction and will take the lead on any action.

Committee Consideration

The committee phase is one of the most important stages of the legislative process. Committees provide intensive consideration of a bill and a forum for public input. The relevant departments and agencies are consulted, and the bill may be submitted to the Government Accountability Office for an official report on its necessity or desirability. The committee may also hold public hearings if the bill is deemed sufficiently important.

Mark-up Session and Vote

After hearings are completed, the committee will usually hold a "mark-up" session, during which it will make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes these amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.

Finally, there is a vote by the full committee, after which the bill is "ordered to be reported".

How a 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, but change in number and form with each new Congress as required for the efficient consideration of legislation. 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 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. Once debate is over, the votes of a simple majority pass the bill.

How a bill is voted on

In the House of Representatives

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. A bill must be passed by a simple majority (218 of 435) in the House to move on to the Senate.

Once a bill is introduced, it is assigned to a committee by the Speaker of the House so that it can be studied. The House has 22 standing committees, each with jurisdiction over bills in certain areas. The standing committee, or one of its subcommittees, studies the bill and hears testimony from experts and people interested in the bill. The committee may then take three actions: they can release the bill with a recommendation to pass it, revise the bill and release it, or lay it aside so that the House cannot vote on it.

If the bill is released, it then goes on the House Calendar. Here, the House Rules Committee may call for the bill to be voted on quickly, limit the debate, or limit or prohibit amendments. Undisputed bills may be passed by unanimous consent, or by a two-thirds vote if Members of the House agree to suspend the rules.

The bill then goes to the floor of the House for consideration and begins with a complete reading of the bill (sometimes this is the only complete reading). A third reading (title only) occurs after any amendments have been added. If 218 of the 435 Representatives vote for it to pass, the bill passes by simple majority and moves to the Senate.

In the Senate

The Senate is composed of 100 Senators, 2 for each state. The Senate has 20 standing committees, each with a specific policy area. A bill must be passed by a simple majority (51 of 100) in the Senate.

Once a bill is introduced in the Senate, it is assigned to a committee by the presiding officer. The committee studies and either releases or tables the bill just like the House standing committee. Once released, the bill goes to the Senate floor for consideration. Bills are voted on in the Senate based on the order in which they come from the committee; however, an urgent bill may be pushed ahead by leaders of the majority party. When the Senate considers the bill, they can vote on it indefinitely. When there is no more debate, the bill is voted on. If 51 of 100 Senators vote for it, the bill passes by a simple majority.

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