The Long Road: Bill To Law

The process of a bill becoming a law is a long and complex one. In the United States, the legislative process can vary in length, from a few hours to over a hundred years. The first step is the introduction of the bill, which can be done by any member of Congress. The bill is then assigned a number and given to the Government Printing Office, which makes copies. The bill is then referred to the appropriate committee, which will research, discuss, and make changes to the bill. 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 the bill, they must work out any differences and then vote on the final version. The bill is then presented to the President, who can approve it, veto it, or do nothing. If the President approves, the bill becomes law. If the President vetoes the bill, Congress can vote to override the veto, and the bill becomes law. If the President does nothing and Congress is no longer in session, the bill is vetoed by default, in what is known as a pocket veto.

How a bill is introduced

The process of introducing a bill can vary depending on the chamber of Congress in which it is introduced.

House of Representatives

In the House, a member can introduce a piece of legislation by handing it to the clerk of the House or placing it in the hopper. The bill is then assigned a number (e.g. HR 1) and labelled with the sponsor's name. It is sent to the Government Printing Office (GPO) where copies are made. Members can also cosponsor the legislation.

Senate

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. The bill is then assigned a number (e.g. S 1) and labelled with the sponsor's name. Senate bills can be jointly sponsored.

Both Chambers

In both chambers, the Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Bills may be referred to more than one committee, or even split so that parts are sent to different committees. The Speaker of the House may also set time limits on committees.

Once referred, the bill is placed on the calendar of the committee to which it has been assigned. The committee chairperson will usually assign the bill to the appropriate subcommittee, where hearings will be held and the bill will be examined in depth. This is also the stage at which the executive branch, experts, public officials, and supporters and opponents of the bill can give testimony. After this, the subcommittee will vote on whether to report out or table the bill. If the bill is voted on favourably, it is reported out of the subcommittee and referred to the full committee for further consideration.

The full committee then has the option of holding its own hearing and mark-up. The committee can decide to take no action (table the bill), vote not to report out the bill (kill it), or report the bill out favourably. If the bill is reported out favourably, it must then be scheduled for floor debate in either the full House or Senate, depending on its origin.

The role of committees

Committees play a critical role in the legislative process, and are considered the most intensive phase of the process. Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. Committees provide a forum for the public to be heard and allow for the bill to be carefully examined in-depth. The committee system is where the views of the executive branch, experts, other public officials, supporters, and opponents of the bill can be put on the record. Hearings may be held, and the committee may also choose to hold a "mark-up" session, where they will make revisions and additions to the bill.

The Speaker of the House or the Senate Majority Leader will refer the bill to the appropriate committee that has jurisdiction over the major issue involved in the bill. The referral decision is often made by the House or Senate parliamentarian. In the House, bills may be referred to more than one committee, and the Speaker of the House may set time limits on committees. The committee chairperson usually assigns the bill to the appropriate subcommittee, where hearings are held and the bill is examined in detail.

After hearings are completed, the subcommittee will consider the bill in a "markup" session, where they will study the views of both sides in detail and vote on whether to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation. If the bill is reported favorably, it is then sent to the full committee for further consideration. The full committee can also hold its own hearings and mark-up sessions. The full committee will then vote on whether to report the bill to the floor. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Once 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. In the House, most bills go to the Rules Committee before reaching the floor. The Rules Committee adopts rules that govern the procedures under which the bill will be considered by the House.

Voting by the full chamber

Once a bill has been through the committee stage, it is sent to the full chamber for a vote. This is the stage where the bill is debated and voted on by the full chamber.

In the House of Representatives, the Rules Committee schedules legislation for consideration on the House floor and sets the length and terms of debate. This is referred to as granting the rule, and can often determine whether a bill ever sees floor action and whether (and how many) amendments can be offered. Once the full House adopts the rule, the majority party leadership decides when to debate and vote on the bill.

In the Senate, bills go on the Senate calendar and are scheduled for debate by the majority leadership. There is no time limit on debate in the Senate, unless agreed upon by unanimous consent.

After a bill has been debated, and possibly amended on the floor of either the House or Senate, it then goes to a vote. Voting may be by voice, by standing division or by recorded roll call. If approved by one chamber (House or Senate), the bill is sent to the other chamber where it again moves through the committee procedure. If it is approved by the other body without any changes, it is sent to the President for his signature.

If both bodies pass different versions of a bill, both bills are sent to a Conference Committee. Senate and House Committee Members who first considered the legislation are appointed by their respective chamber’s leadership to sit on a Conference Committee. The Conference Committee works to reconcile differences between the two versions and agrees to a compromise bill, called a Conference Report.

Referral to the other chamber

Once a bill has been passed by the House or the Senate, it is referred to the other chamber, where it typically follows the same route through committees and floor action. The other chamber may approve the bill as received, reject it, ignore it, or amend it before passing it. If the other chamber makes only minor changes to the bill, the legislation usually goes back to the originating chamber for a concurring vote. However, if the two chambers' versions of the bill differ significantly, a conference committee is formed to reconcile the two versions into a single bill.

The conference committee is officially appointed to reconcile the differences between the two versions, and if they are unable to reach an agreement, the legislation dies. If an agreement is reached, a conference report is prepared, describing the committee members' recommendations for changes. Both the House and the Senate must approve the conference report, and if either chamber rejects it, the bill dies.

Once both the House and the Senate have approved a bill in identical form, it is sent to the President for review.

The bill goes to the president

Once a bill has been passed by both the House and the Senate, it is sent to the President for review. If the President approves of the bill, they can sign it into law. If the President takes no action for ten days while Congress is in session, the bill will automatically become law. This is different from when Congress is not in session and the President chooses not to sign the bill, which results in a pocket veto, meaning the bill does not become law.

If the President opposes the bill, they can veto it and send it back to Congress with a note listing their reasons. Congress can then attempt to override the veto. If both the Senate and the House pass the bill with a two-thirds majority vote, the President's veto is overridden and the bill becomes law. If the two-thirds vote is not reached, the bill dies. Congress can also modify the vetoed bill and send a new bill to the President for their signature.

Frequently asked questions