The Legislative Process: How A Bill Becomes Law

The process of a bill becoming a law is a long and complex one. In the United States, the creation of laws is the most important job of the House of Representatives. All laws begin as bills, which can be proposed by a member of the House of Representatives or the Senate, or by citizens and advocacy groups. Once a bill is introduced, it is assigned to a committee, which will research, discuss and make changes to it. 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 vote to accept a bill, they must work out any differences before presenting it to the President. The President can then choose to approve the bill, in which case it becomes a law, or refuse to approve it, in which case it is sent back to Congress. If Congress still believes the bill should become a law, they can hold another vote, and if two-thirds of Representatives and Senators support the bill, it will become a law.

The bill is drafted

The process of drafting a bill is the first step in the long and tedious journey of a bill becoming a law. The bill-drafting process begins with an idea, which can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to their member of Congress. Once an idea is formed, the next step is to find a sponsor. The sponsor is the primary Congress member supporting the bill, and they will give the bill to the clerk of the House or place it in the hopper, a special box on the side of the clerk's desk. The bill is then assigned a number, e.g. HR 1 or S 1, and the sponsor's name is added.

At this stage, the bill is also sent to the Government Printing Office (GPO), where copies are made, and members can cosponsor the bill. In the Senate, bills can be jointly sponsored.

The drafting process also involves gaining support for the bill from other Representatives. The Representative will talk with other Representatives about the bill, hoping to gain their support. Once the bill has a sponsor and the support of some Representatives, it is ready to be introduced.

The bill is introduced

The process of introducing a bill is the first step in the federal process. Any member of Congress can introduce a bill, which 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 bill is drafted, it must be 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.

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 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.

In the Senate, a bill is introduced when a senator, who must be recognized by the presiding officer, announces the introduction of the bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and sent to the Government Printing Office (GPO), where copies are made.

Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

The bill goes to committee

Once a bill has been introduced, it is assigned to a committee. Committees are groups of representatives who are experts on specific topics, such as agriculture, education, or international relations. The committee members review, research, and revise the bill, and vote on whether to send it back to the House floor. If the committee requires more information before making their decision, the bill is sent to a subcommittee. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

The committee stage is one of the most important phases of the legislative process. It is during this stage that the bill is subjected to intensive scrutiny and the public is given the opportunity to be heard. The committee may hold public hearings, during which witnesses testify either voluntarily or by subpoena. Cabinet officers, high-ranking government officials, and private individuals may be called to testify. The committee may also request input from relevant government departments and agencies, and submit the bill to the Government Accountability Office for an official report on the necessity or desirability of enacting the bill into law.

After hearings are completed, the committee will usually meet to consider the bill in what is known as a "markup" session. The views of both sides are studied in detail, and a vote is taken to determine the committee's course of action. The committee may decide to report the bill favorably to the full House, with or without amendments, or unfavorably, or without recommendation. If extensive amendments are made, the committee may introduce a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.

Once the committee has approved a bill, it is sent back to the House floor, where it is ready to be debated. A committee report is also prepared, describing the purpose and scope of the bill, and the reasons for its approval. This report is a valuable element of the bill's legislative history and is used by the courts, executive departments, and the public as a source of information.

The bill is voted on

Once a bill has been 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.

In the House, most bills go to the Rules Committee before reaching the floor. The 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 (this requires a two-thirds vote); a discharge petition can be filed; or the House can use a Calendar Wednesday procedure.

There are three methods for voting on a bill in the U.S. House of Representatives:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
• Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
• Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

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.

In the Senate, debate is unlimited unless cloture is invoked. Members can speak 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, it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee.

The bill is sent to the president

Once a bill has been approved by both the House of Representatives and the Senate, it is sent to the President for review. The President has three options:

• Sign and pass the bill, at which point it becomes a law.
• Refuse to sign, or veto, the bill. In this case, the bill is sent back to the House of Representatives, along with the President's reasons for the veto. If the House and the Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
• Do nothing, which is known as a "pocket veto". If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become law.

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