Brainstorming To Bill: The Lawmaking Process

The process of turning an idea into a federal law is a complex one, with many steps and potential roadblocks. In the United States, the federal legislative powers—the ability to consider bills and enact laws—reside with Congress, which is made up of the US Senate and the House of Representatives. Any member of Congress can introduce legislation, and the person or people who introduce a bill are known as sponsors. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must work out any differences between their versions and then both chambers vote on the same version. If it passes, it is presented to the president for approval. The president can approve the bill, in which case it becomes a law, or they can veto it. If the president chooses to veto, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto.

A bill is drafted by a member of Congress

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. The person or persons who introduce a bill are the sponsors, and any member of the same body can add their name as a cosponsor after the introduction.

Once a bill is drafted and introduced, it is given a number: "H.R." signifies a House bill, and "S." signifies a Senate bill. The bill is then referred to a committee, which will research, discuss, and make changes to the bill. The committee may hold hearings to better understand the implications of the bill, allowing the views of experts, public officials, and supporters and opponents of the bill to be put on the record. If the committee does not act on a bill, it is considered "dead".

If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes.

The bill is introduced to the House or Senate

Once a bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. When a bill is introduced, it is given a number: H.R. signifies a House bill and S. a Senate bill.

Any member of Congress can introduce legislation. The person or persons who introduce a bill are the sponsors; any member of the same body (House or Senate) can add their name as a cosponsor after the day of introduction. The bill is then referred to a committee with jurisdiction over the primary issue of the legislation. Sometimes a bill will be referred to multiple committees.

The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body of the House and the Senate, respectively, for debate and amendment and then final passage. In the House, a representative may offer an amendment to a bill only if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as the amendment is germane to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to be passed.

In the House, a bill is introduced at any time while the House is in session by simply placing it in the 'hopper', a wooden box provided for that purpose located on the side of the rostrum in the House Chamber. Permission is not required to introduce the measure. The Member introducing the bill is known as the primary sponsor. In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure.

The title of the bill is entered in the Journal and printed in the Congressional Record, thus preserving the purpose of the custom. The bill is assigned its legislative number by the Clerk. The bill is then referred as required by the rules of the House to the appropriate committee or committees by the Speaker, with the assistance of the Parliamentarian. The bill number and committee referral appear in the next issue of the Congressional Record. It is then sent to the Government Printing Office, where it is printed and copies are made available in the document rooms of both Houses. Printed and electronic versions of the bill are also made available to the public.

The bill goes to committee

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, the bill is considered to be "dead".

Subcommittees are organized under committees and have further specialization on a certain topic. Often, committees refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

The bill is marked up by the committee

Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

The "markup" session is where the proposed bill is debated, amended, and rewritten. The committee chair determines whether there will be a markup session, which is usually held first in subcommittee and then in full committee. After amendments are adopted or rejected, the chair can move to vote the bill out of the committee. If the committee votes in favor of the bill, it is sent to the entire body of the House or the Senate; if not, the bill dies in committee.

During the markup session, the committee will carefully examine the bill and its chances of passage by the entire Congress. They will also decide whether to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record.

The bill is voted on by the full chamber

Once a bill has been introduced and assigned to a committee, it will be researched, discussed, and amended by the committee members. The committee chair will then decide whether the bill will be voted on by the full chamber. If the bill is voted on and passes, it will be sent to the other body of Congress to undergo a similar process.

The process of voting by the full chamber involves additional debate and voting to approve any amendments. The Speaker of the House and the Majority Leader of the Senate will determine if and when a bill will be voted on by the full body of the House and the Senate, respectively. There are different rules of procedure governing debate in the House and the Senate. In the House, a representative may only offer an amendment to a bill if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as the amendment is relevant to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to pass. Amendments may sometimes be accepted by a voice vote, where individuals say "Yea" or "Nay", and the loudest side wins.

After the bill has been voted on by the full chamber, if it has been passed, it will be sent to the other body of Congress to undergo a similar process.

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