The Future Of Congress: 9,000 Bills And Counting

As of December 2024, there are 19,306 bills and resolutions before the United States Congress, but only about 7% of these will become law. Since World War II, Congress has typically enacted 4-6 million words of new law in each two-year Congress. However, these words are enacted in fewer but larger bills, meaning that the decreasing number of bills enacted into law does not reflect less legislative work. For example, in March 2021, Congress passed a $1.9 trillion COVID-19 relief bill that provided $1,400 checks for most Americans and directed billions of dollars to schools, state and local governments, and businesses.

The bill is drafted by a member of Congress

The process of drafting a bill is the first step in the legislative process, which involves nine steps in total. Any member of Congress, from the Senate or the House of Representatives, can draft a bill. This can be done by the member themselves or by everyday citizens and advocacy groups. The member of Congress who drafts the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

The drafting process involves putting ideas for a law into legislative language. Members of Congress and their staff typically consult with nonpartisan attorneys in each chamber's Legislative Counsel office for assistance with this. Members may also circulate the bill and ask others in the chamber to sign on as original co-sponsors, often via "Dear Colleague" letters.

Once the bill is drafted, it is 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.

The bill is introduced in the House or Senate

The process of a bill becoming a law begins with an idea. 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. Once a representative sponsors a bill, it is then introduced in the House or Senate.

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. 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, typically the next number available in sequence during that two-year Congress.

In the House, bills are then referred by the Speaker 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. In the Senate, bills are typically referred to the committee with jurisdiction over the issue that predominates in the bill. In limited cases, a bill might not be referred to a committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

The committee stage is often the most intensive phase of the legislative process. Committees provide a forum for interested parties to be heard and offer members the opportunity to closely examine and revise bills. Committees may also hold hearings to better understand the implications of a bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If a committee does not act on a bill, it is considered "dead".

Once a bill is released by the committee, it is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority (218 out of 435 in the House and 51 out of 100 in the Senate), it moves on to the next chamber, where it will go through a similar process of committee review, debate, and voting.

Summary

The bill goes to committee

Once a bill is introduced, it is sent to a committee. In the House, the Speaker refers the bill to the appropriate committee, while in the Senate, the presiding officer makes the referral. The referral decision is usually made by the House or Senate parliamentarian.

Bills may be referred to more than one committee and may be 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.

The committee will request comments about the bill's merit from government agencies. The committee chairman may also assign the bill to a subcommittee. Hearings may be held, and subcommittees will report their findings to the full committee.

The full committee will then vote on the bill, after which it is "ordered to be reported". The committee will hold a "mark-up" session to 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.

The bill is assigned a number and sponsor

The bill is assigned a number and a sponsor. The sponsor is the primary Congress member supporting the bill. The sponsor's signature must appear on the bill before it is accepted for introduction. The other members who support the bill are called "co-sponsors". The bill is then sent to the Government Printing Office (GPO) and copies are made.

In the House of Representatives, the bill is designated by 'H.R.' followed by a number that it retains throughout all its parliamentary stages. The letters signify 'House of Representatives' and not, as is sometimes incorrectly assumed, 'House resolution'. A Senate bill is designated by 'S.' followed by its number. The term 'companion bill' is used to describe a bill introduced in one House of Congress that is similar or identical to a bill introduced in the other House of Congress.

In the Senate, a Senator usually introduces a bill 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 from the floor, usually accompanied by a statement about the measure.

Legislative Process

The legislative process is a matter about which every person should be well informed in order to understand and appreciate the work of Congress. It is hoped that this guide will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of the representative system.

Primary Sources of Legislation

Sources of ideas for legislation are unlimited, and proposed drafts of bills originate in many diverse quarters. Primary among these is the idea and draft conceived by a Member. This may emanate from the election campaign during which the Member had promised, if elected, to introduce legislation on a particular subject. The Member may have also become aware, after taking office, of the need for amendment to or repeal of an existing law or the enactment of a statute in an entirely new field.

The bill is sent to the Government Printing Office

Once a bill is introduced, it is assigned a number and sent to the Government Printing Office (GPO). At the GPO, copies of the bill are made. The bill is then returned to the House.

In the House, the bill is handed to the clerk or placed in the hopper. Members can cosponsor the bill. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The committee may hold hearings and make revisions to the bill. If substantial amendments are made, a new "clean bill" with a new number is introduced, and the old bill is discarded. The committee then prepares a written report explaining why they favour the bill and their proposed amendments. The report is sent back to the whole chamber and placed on the calendar.

In the House, most bills go to the Rules Committee, which governs the rules under which the bill will be considered by the House. The bill is then placed on one of four House calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when.

Frequently asked questions