In March 1976, Saturday morning television featured a new video segment called “I’m Just a Bill” that used a fun cartoon aimed at children to visualize the complex path of the U.S. legislative process and describe how a bill becomes a law. Maybe you remember the jingle:

“I’m just a bill, yes I’m only a bill, and I’m sitting here on Capitol Hill.”

It is a memorable segment to many of us, but even with the aid of that video, the process is one most would agree they don’t completely understand. 

How the Process Begins

National laws are created in the legislative branch of government. This branch is made up of the House of Representatives and the Senate, known collectively as Congress. The process starts when a bill is proposed for a new law or a revision to an existing law. Ideas for bills originate from a variety of places, including a representative or senator or one of their staff members, the president, a committee, a citizen or a citizen’s group.

• Although a bill can be written by anyone, typically, a bill is drafted by a senator or representative or one of their staff members. Sometimes an outside expert or lobbyist initiates the text of the bill for the staff to complete.
• The originator of the bill is the primary sponsor. Prior to introducing a bill, the sponsor tries to gain additional support for the bill by finding co-sponsors. Sometimes this process is only within the same party (partisan), or the sponsor could find co-sponsors from both parties (bipartisan).
• Sponsors of a bill often seek co-sponsors to demonstrate support and improve its chance of moving forward or passing. There is no limit to the number of co-sponsors a bill can have.

Introducing a Bill

Bills can be introduced only when the chamber is in session, and there are several options for submitting them for consideration. In the House, a bill can be physically placed in the wooden box, called “the hopper,” located on the clerk’s desk on the chamber floor, or it can be transmitted electronically to a dedicated email server maintained by the Office of the House Clerk. In the Senate, the bills are submitted to clerks on the Senate floor.

• A clerk assigns a bill a number and includes the prefix “S” for bills originating in the Senate or the prefix “HR” for bills from the House of Representatives.
• Sometimes, identical bills are introduced at the same time in the House and Senate. These are called companion bills.
• The chamber leader (the Speaker of the House or Presiding Officer of the Senate) assigns the bill to an appropriate committee for discussion, research and revisions.
• Once a bill is “taken up” by a committee, the clerk includes it on the committee’s calendar.

Committees

Actions taken by the committees are an important part of the legislative process.

• Each committee oversees a specific topic or policy area. For example, the Senate Committee on Health, Education, Labor and Pensions reviews bills on those related topics.
• In the 118th Congress, there are currently 25 Senate committees, with approximately 63 subcommittees, and 20 House committees, with approximately 107 subcommittees. The actual number of committees may change with every new Congress.
• Although bills are assigned to a committee, not all bills introduced ever make it to a vote and will “die in committee.” A recent estimate showed less than 1% of bills introduced became law, according to data from Quorum.
• Failure to act will also “kill a bill” in committee.

During the time in committee, debate and discussion of the bill takes place. The committee could call industry experts for in-person hearings or send the bill to a subcommittee for additional research. After an initial discussion, committee or subcommittee members meet in a “markup” session, where they revise the text of the bill. This is when there is negotiating between members, with the discussion taking the form of, “If you add (or remove) this component, I’ll vote for it.”

• After discussion, the chamber must approve, reject or amend the text before a final vote is taken. A vote can also be taken to “table” or postpone it indefinitely.
• If there are changes, the committee makes revisions before sending the bill to the chamber.
• If the committee decides not to report the legislation, the bill dies.
• If the vote is favorable, the committee “orders a bill reported” and sends the bill to the chamber to be voted on by the Senate or House.

Floor Action

When a committee votes in favor of a bill and orders the bill reported, the bill will get a larger audience of the full House or Senate.

• Bills are entered either on the House or Senate calendar. If the bill is on a pressing topic, it may be scheduled right away. Other bills may wait for weeks or months or may never be scheduled at all.
• The bill is read section by section, giving members the chance to propose amendments that are either accepted or rejected.
• Additional debate and negotiations happen, and then the bill is voted on.

Voting

With every vote, there must be an adequate quorum, or a required minimum number of members that must be present, to make sure the voting is valid.

• A quorum call is a vote that ensures there are enough members present to have a final vote. If no quorum exists, missing members will be “rounded up” to come and vote.
• If the vote is passed by the majority, the bill moves to the other chamber, unless there is already another similar bill under consideration.
• If the vote is unfavorable, the bill dies.

Sending a Bill to the President

If the House and Senate both pass the same bill, the bill is sent to the president.

• The president has four options:
  • Sign the bill into law
  • Not sign the bill within ten days of receiving it.
  • Veto the bill within ten days of receiving it and send it back to its chamber of origin while the chamber is still in session, with objections noted.
  • Not sign the bill nor send it back to the chamber within ten days while the chamber is still in session. With this inaction, the bill becomes a law.
• If the chamber of origin adjourns abruptly without giving the president ten days to sign or veto the bill, the unsigned bill does not become law. This is known as a pocket veto.

If the president vetoes the bill and notes the reasons why, Congress can still attempt to override the veto.

• The chamber leader can:
  • Decide to kill the bill
  • Postpone or table the bill for the future
  • Send it back to the committee
  • Open another debate on the floor and call for another vote.

Bill Becomes a Law

All of the above processes must be followed for a bill to become a law. Once a bill is signed by the president, it becomes a law. Or, if the president vetoes a bill and both the House and Senate pass the bill by a two-thirds majority, the veto is overridden, and the bill also becomes a law.

Additional Resources for Legislation

• Log in to the International Foundation website for access to our U.S. Legislative Tracker webpage, featuring selected legislation related to employee benefits.
• The Congress.gov website offers a video interpretation of the legislative process.

Developed by International Foundation Information Center staff. This does not constitute legal advice. Please consult your plan professionals for legal advice.