Understanding Lawmaking: Study Questions On Bills Becoming Laws

The process of how a bill becomes a law is a lengthy one and differs slightly between countries. In the US, for example, a bill must be approved by the House of Representatives, the Senate, and the President. In Canada, a bill must be approved in identical form by both houses of Parliament – the Senate and the House of Commons – before receiving Royal Assent from the Governor General and becoming law. The journey of a bill to becoming law involves several stages, including proposal, introduction, committee review, reporting, voting, and referral to the other chamber. The bill may undergo amendments and hearings before it is ultimately passed or defeated. The president or monarch also has the power to veto a bill, which can be overridden by a majority vote in Congress or Parliament.

Who can introduce a bill?

Anyone can draft a bill, but only members of Congress can introduce legislation. This means that only members of the U.S. Senate or House of Representatives can propose a bill or introduce it during their election campaign. Members of the House of Representatives may introduce a bill at any time while the House is in session by placing it in the "hopper" (a wooden box on the House floor) at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill, and it may have an unlimited number of co-sponsors.

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.

The president, a member of the cabinet, or the head of a federal agency can also propose legislation, but a member of Congress must introduce it. Occasionally, a member introduces legislation at the request of the President. Members of Congress typically consult with nonpartisan attorneys to assist 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 to demonstrate a solid base of support.

What happens during committee action?

Once a bill has been introduced, it is referred to a committee. This is where the bill is first examined carefully and its chances of passage are determined. If the committee does not act on a bill, it is effectively "dead".

The committee may then refer the bill to a subcommittee for study and hearings. Hearings provide the opportunity to put on record the views of the executive branch, experts, other public officials, and supporters and opponents of the bill. Once hearings are completed, the subcommittee may meet to "mark up" the bill, i.e. make changes and amendments prior to recommending the bill to the full committee. If the subcommittee votes against reporting legislation to the full committee, the bill dies. If the committee votes for the bill, it is sent to the floor.

After receiving a subcommittee's report on a bill, the full committee votes on its recommendation to the House or Senate. This procedure is called "ordering a bill reported". After the debate and the approval of any amendments, the bill is passed or defeated by the members' voting.

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 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.

What is the role of the House or Senate floor?

The House or Senate floor is where a bill is debated and voted on. Once a bill has been introduced, assigned to a committee, and passed out of subcommittee and committee hearings, it is sent to the House or Senate floor. Here, the bill is debated and voted on, and it may be approved by a majority vote or denied. 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, while others may wait for months or never be scheduled at all.

The House and Senate have different debate processes. In the House, each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, however, 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, delaying a vote by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate, and forcing a vote. Once debate is over, a simple majority passes the bill.

After a bill has been debated and voted on in one chamber, it is sent to the other chamber, where it goes through the same process of committee and floor action. If the second house passes a different version of the bill, members of both houses meet as a conference committee to work out disagreements and produce a final version of the bill. Both floors then vote on the new bill, and it may be approved by a majority vote or rejected.

If a bill is approved by both the House and the Senate, it is sent to the President for consideration. The President may sign the bill into law, veto it and send it back to Congress, or take no action. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If Congress is not in session, the bill is considered a "pocket veto" and dies. If the President vetoes a bill, Congress may attempt to override the veto by passing the bill again in each chamber with a two-thirds majority. If this occurs, the bill becomes a law.

What happens if the second house passes a different version of the bill?

If the second house passes a different version of the bill, a conference committee is formed, consisting of members from both houses, to reconcile the two versions of the bill. This committee works to reach an agreement and produce a new version of the bill that both houses can agree on.

If the conference committee is successful in reaching an agreement, a conference report is prepared, outlining the committee's recommended changes to the bill. This report must be approved by both the House and the Senate. Once both chambers have approved the bill in identical form, it is sent to the President.

However, if the conference committee is unable to reach an agreement, the legislation dies, and the bill does not become a law.

What are the president's options?

Once a bill has been passed by both the House and the Senate, it is sent to the President. The President has three options:

Sign and pass the bill

The President can sign the bill, in which case it becomes a law.

Veto the bill

The President can refuse to sign the bill, vetoing it and sending it back to the House of Representatives, along with their reasons for the veto. If the House and the Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.

Do nothing (pocket veto)

If the President does nothing, and Congress is in session, the bill will automatically become law after 10 days. However, if Congress is not in session, the bill will not become a law.

It is important to note that the President can also propose legislation, although a member of Congress must introduce it.

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