Understanding The Lawmaking Process: Steps To Enact Legislation

Creating laws is the most important function of the U.S. House of Representatives. All laws in the United States start as bills, and before they can become laws, they must be approved by the U.S. House of Representatives, the U.S. Senate, and the President. Here is a step-by-step guide to how a bill becomes a law.

Bill proposal and sponsorship

The process of a bill becoming a law begins with its proposal and sponsorship. This is the first step in the legislative process, and it involves a member of the House of Representatives or the Senate drafting and sponsoring a bill. Citizens can also propose bills by contacting their Representatives with ideas for new laws. If a Representative agrees with a citizen's idea, they will research and write it into a bill.

Once a Representative has written a bill, it needs a sponsor. The Representative discusses the bill with other Representatives to gain their support. A bill can have multiple cosponsors, and in the Senate, bills can be jointly sponsored. Once a bill has a sponsor and the support of other Representatives, it is ready to be introduced.

The bill is then introduced in the House of Representatives by being placed in the hopper, a special box on the side of the clerk's desk. Only Representatives can introduce bills in the House; in the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill. If a Senator objects, the introduction is postponed until the next day.

After introduction, the bill is assigned a number (e.g., H.R. 1 or S. 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) for copying.

Bill introduction

The first step in the process of a bill becoming a law is its introduction. Any member can introduce a piece of legislation, but only Representatives can introduce bills in the U.S. House of Representatives. In the House, legislation is handed to the clerk of the House or placed in the hopper, a special box on the side of the clerk's desk. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction is postponed until the following day.

Once introduced, the bill is assigned a number (e.g., H.R. 1 or S. 1) and labelled with the sponsor's name. The House clerk assigns a legislative number for bills introduced in the House, while the Senate clerk does the same for bills introduced in the Senate. The bill is then sent to the Government Printing Office (GPO) for copying. Senate bills can be jointly sponsored, and members can cosponsor the legislation.

The bill introduction process is crucial as it sets the stage for the subsequent steps in the legislative process. It is during this stage that the bill is assigned a unique identifier, enabling easy reference and tracking as it progresses through the various stages of becoming a law.

Committee review

Once a bill is introduced, it is assigned to a standing committee. This committee is usually chosen based on the subject matter of the bill. The committee will then study the bill and may refer it to a subcommittee.

The subcommittee may request reports from government agencies and hold hearings to gather opinions from experts and interested parties. They may also "mark up" or revise the bill. The subcommittee will then report their findings back to the full committee.

The full committee will then vote on the bill. They may choose to pass the bill, revise and release it, or lay it aside. If the bill is released, it will be sent back to the full House or Senate, along with a written report explaining the committee's position.

In the case of bills in the House, most will go to the Rules Committee before reaching the floor. This committee will adopt rules that will govern the procedures for the House's consideration of the bill. A "closed rule", for example, sets strict time limits on debate and forbids the introduction of amendments. These rules can have a significant impact on the bill's chances of passing.

Floor action

Once a bill has been reported by the committee, it is sent to the floor of the House of Representatives or the Senate, where it is debated and voted on. The bill is placed on a congressional calendar, which schedules the debates. During the debates, Representatives or Senators discuss the bill and explain why they agree or disagree with it. They may also propose changes or amendments to the bill.

The rules governing the procedures for debating a bill differ between the House and the Senate. In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. The Sponsoring Committee guides the debate, and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be relevant to the subject of the bill—no riders are allowed. In the Senate, however, debate is unlimited unless cloture is invoked. Senators can speak as long as they want, and amendments need not be germane—riders are often offered. Entire bills can be presented as amendments to other bills. Senators can use a filibuster to defeat a measure by "talking it to death" unless cloture is invoked.

After the debates, a vote is held. In the House, a bill is voted on using one of three methods: viva voce, division, or recorded. In viva voce, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no." In division, supporters and opponents of the bill are asked to stand up and be counted. In a recorded vote, Representatives record their vote using the electronic voting system, selecting "yes," "no," or "present" if they do not want to vote on the bill. In the Senate, a voice vote is used, with supporters saying "yea" and opponents saying "nay."

If a majority of the Representatives or Senators vote in favour of the bill, it passes in that chamber and is then sent to the other chamber, unless that chamber already has a similar measure under consideration. If the bill fails to pass in either chamber, it dies.

Conference committees

If the conference committee reaches a compromise, it prepares a written conference report, which is then submitted to each chamber. The conference report must be approved by both the House and the Senate. If the conference committee is unable to reach an agreement, the bill dies.

Once the conference committee has reached an agreement and the report has been approved by both the House and the Senate, the bill goes to the President.

Frequently asked questions