The Legislative Process: How Bills Become Laws

The process of bills becoming laws in Congress is a complex one, with many steps and potential setbacks. First, a bill is introduced by a member of the House of Representatives or the Senate. The bill is then assigned a number and sent to the Government Printing Office, where copies are made. The bill is then referred to a committee, which will research, discuss, and make changes to the bill. If the bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. The bill is then presented to the President, who can approve and sign it into law, or veto it. If the President chooses to veto, Congress can vote to override that veto, and the bill becomes law.

Bills are introduced by a member of Congress

Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) where copies are made. Senate bills can be jointly sponsored.

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 and split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned.

Failure to act on a bill is equivalent to killing it. Bills can only be released from a committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members). The committee may hold hearings to better understand the implications of the bill and request comments about the bill's merit from government agencies. The bill can be assigned to a subcommittee by the Chairman for further review.

The committee will then meet to "mark up" the bill, making changes and amendments prior to recommending the bill to the "floor". 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.

Bills are assigned to a committee

Once a bill has been introduced, it is assigned to a committee. The committee will then 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 the executive branch, experts, other public officials, supporters, and opponents of the bill to be put on record. Hearings are also used to invite experts, advocates, and opponents to appear before the committee and provide testimony. If the committee does not act on a bill, the bill is considered to be "dead".

The committee may also choose to refer the bill to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making 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 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' vote.

Bills are voted on by the committee

Once a bill has been introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. 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 committee will then vote on the bill, and if it passes, it will be sent back to the whole chamber and placed on the calendar.

In the House, most bills go to the Rules committee before reaching the floor. The Rules 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. The Rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires a 2/3 vote); 2) a discharge petition can be filed; or 3) the House can use a Calendar Wednesday procedure.

The committee staff will then prepare 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.

Bills are sent to the other chamber

Once a bill has been passed by one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. This is known as sending the bill to the other chamber.

In the second chamber, the bill is referred to the relevant committees and subcommittees, which may hold hearings to better understand the implications of the bill. The subcommittees may make changes to the bill and must vote to refer it back to the full committee. The full committee will then meet to make revisions and additions, and 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 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 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 Rules committee can be bypassed in three ways: members can move rules to be suspended (which requires a two-thirds vote), a discharge petition can be filed, or the House can use a Calendar Wednesday procedure.

In the Senate, scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses. In the Senate, debate is unlimited unless cloture is invoked. Senators can speak for as long as they want and amendments need not be germane—riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death".

If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee. Most major legislation goes to a Conference Committee.

Bills are sent 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 does not agree with the bill, they can veto it and send it back to Congress with a note explaining their reasons. If the President takes no action on the bill within 10 days and Congress is still in session, the bill will automatically become law. However, if Congress adjourns before the 10 days are up and the President has not signed the bill, it will not become law. This is known as a "pocket veto".

If the President vetoes a bill, Congress has the power to override this veto by passing the bill again with a two-thirds majority vote in both the House and the Senate. If this occurs, the bill becomes a law.

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