The Lawmakers: Understanding The Bill-To-Law Process

Laws in the United States are created by the U.S. House of Representatives and the U.S. Senate, which together form the lawmaking branch of the federal government. All laws in the United States begin as bills, which can be drafted by any member of Congress, or by citizens and advocacy groups who can contact their Representatives to discuss their ideas. Once a bill is drafted, it must be introduced, either in the House or the Senate, depending on the sponsor. The bill is then assigned to a committee, which examines and researches it, and may hold hearings to better understand its implications. The committee will then vote on whether to report the bill to the floor, where it will be debated and voted on by the full chamber. If the bill passes, it is referred to the other chamber, where it goes through a similar process. If both chambers approve the bill in identical form, it is sent to the President, who can approve it, take no action, or veto it. If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both chambers.

Who can write a bill?

In the United States, the process of writing a bill begins with an idea. These ideas 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 people or citizen groups who recommend a new or amended law to their member of Congress.

While anyone can write a bill, only members of Congress can introduce legislation. The majority of bills that are introduced to Congress come from members or constituents.

Once a bill has been written, it needs a sponsor. The representative who wrote the bill talks with other representatives to get their support. Once a bill has a sponsor and the support of some of the other representatives, it is ready to be introduced.

In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. Only representatives can introduce bills in the House.

How is a bill introduced?

A bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk in the U.S. House of Representatives. Only Representatives can introduce bills in the House. Once introduced, a bill is assigned a number that begins with H.R. and a reading clerk will read it to all the Representatives. The Speaker of the House will then send the bill to one of the House standing committees.

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 introducing the bill from the floor, usually accompanied by a statement about the bill.

What happens in committee?

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee members are groups of Representatives who are experts on topics such as agriculture, education, or international relations. If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

Once the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

After hearings are completed, the subcommittee usually will consider the bill in a session that is popularly known as the "markup" session. The views of both sides are studied in detail and at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. It may decide to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation. The subcommittee may also suggest that the committee "table" it or postpone action indefinitely. Each member of the subcommittee, regardless of party affiliation, has one vote.

At full committee meetings, reports on bills may be made by subcommittees. Bills are read for amendment in committees by section and members may offer germane amendments. Committee amendments are only proposals to change the bill as introduced and are subject to acceptance or rejection by the House itself. A vote of committee members is taken to determine whether the full committee will report the bill favorably, adversely, or without recommendation.

If the committee votes to report the bill favorably to the House, it may report the bill with or without amendments. If the committee has approved extensive amendments, the committee may decide to report the original bill with one "amendment in the nature of a substitute" consisting of all the amendments previously adopted, or may introduce and report a new bill incorporating those amendments, commonly known as a "clean" bill. The new bill is introduced (usually by the chairman of the committee), and, after referral back to the committee, is reported favorably to the House by the committee. A committee may table a bill or fail to take action on it, thereby preventing its report to the House. This makes adverse reports or reports without recommendation to the House by a committee unusual. The House also has the ability to discharge a bill from the committee.

What is the role of the House/Senate?

The House of Representatives and the Senate are the two chambers of the United States Congress, which is the lawmaking branch of the federal government. The House and the Senate have equal legislative functions and powers, with a few exceptions.

The House of Representatives is composed of 435 members elected every two years from among the 50 states, apportioned according to their total populations. Each Representative has one vote.

The Senate, on the other hand, is composed of 100 members—two from each state, regardless of population. Senators are elected by the people in accordance with the 17th Amendment to the Constitution. Each Senator also has one vote.

The process of how a bill becomes a law is largely the same in the House and the Senate. Here's an overview:

• Bill Drafting and Introduction: Any member of Congress from either the House or the Senate can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. Once the bill is drafted, it is introduced in the chamber where the sponsoring member belongs.
• Committee Assignment and Review: After introduction, the bill is assigned to a committee. Committees are groups of Congress members with expertise in specific topics such as health or international affairs. The committee examines the bill, holds hearings, and determines its chances of passage.
• Subcommittee Review: Committees may refer bills to subcommittees for further specialised study and hearings. Subcommittees can make changes to the bill and must vote to refer it back to the full committee.
• Committee Mark-up and Voting: After hearings and subcommittee review, the full committee meets to "mark up" the bill, making changes and amendments. If the committee votes in favour of the bill, it is reported to the floor.
• Floor Debate and Voting: On the floor, there is additional debate, and members vote to approve any amendments. The bill is then passed or defeated.
• Referral to the Other Chamber: If a bill passes in one chamber, it is referred to the other chamber, where it goes through a similar process of committee review, subcommittee review (if applicable), floor debate, and voting.
• Conference Committee (if needed): If the House and Senate versions of the bill differ, Congress may form a conference committee to resolve the differences. If the conference committee reaches an agreement, they prepare a conference report with recommendations for the final bill. Both chambers must then vote to approve the conference report.
• Presidential Review: After both chambers have approved a bill in identical form, it is sent to the President for review.
• Presidential Signature or Veto: The President can choose to sign the bill, in which case it becomes a law. Alternatively, the President may veto the bill. 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, there is a "pocket veto," and the bill does not become law.
• Veto Override (if needed): If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.

While the House and the Senate have similar roles in the legislative process, there are a few key differences and exceptions:

• Only the House can initiate tax and revenue-related legislation.
• Only the Senate can draft legislation related to presidential nominations and treaties.
• The House processes legislation through a majority vote, while the Senate emphasises deliberation and debate prior to voting.
• Bills for raising revenue must originate in the House. By tradition, general appropriation bills also originate in the House.

How does a bill become a law?

The process of a bill becoming a law is a lengthy one. Firstly, 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 or be proposed by citizens or citizen groups who recommend a new or amended law to their member of Congress.

Once a bill is proposed, it needs a sponsor. The representative talks with other representatives about the bill in the hopes of getting their support. Once a bill has a sponsor and the support of some of the representatives, it is ready to be introduced. A bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk. Only representatives can introduce bills in the U.S. House of Representatives.

When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the representatives, and the Speaker of the House sends the bill to one of the House standing committees.

When the bill reaches the committee, the committee members—groups of representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section and the representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce (voice vote), Division, and Recorded. If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay. If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.

When a bill reaches the President, he has three choices: he can sign and pass the bill, refuse to sign or veto the bill, or do nothing (pocket veto). If the President chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law. If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress.

If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

Frequently asked questions