Understanding The Legislative Process: From Bill To Law

The process of how a bill becomes a law is a critical aspect of the legislative system in the United States. This journey from a bill to a law involves multiple steps and the active participation of various entities, including Congress, the House of Representatives, the Senate, and the President. Understanding this process is essential for citizens to effectively advocate for issues that impact them and their communities. By familiarizing themselves with the legislative process, citizens can strategically engage in public policy advocacy and maximize their influence during key decision-making moments. This knowledge empowers individuals to actively participate in democracy and drive meaningful change through the creation and modification of laws.

The creation of a bill

Once a Representative has written a bill, it needs a sponsor. The Representative discusses the bill with other Representatives to get their support. The sponsor and other supporters of the bill are called "co-sponsors". Once a bill has a sponsor and the support of some of the 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 of Representatives. A bill is then assigned a legislative number by the House or Senate clerk, e.g. H.R. 1001 for a bill introduced in the House of Representatives or S. 1002 for a bill introduced in the Senate.

Committee action

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee is chosen based on the bill's subject matter. The committee may refer the bill to a subcommittee for further study and hearings. The subcommittee may request reports from government agencies, hold hearings to gather expert opinions, "mark up" or revise the bill, or report the bill to the full committee for its consideration.

The full committee may make a recommendation to pass the bill, revise and release the bill (also known as reporting the bill out of committee), or lay the bill aside (also known as tabling the bill). If the bill is passed by the committee, it is sent or reported to the House floor, where it can be debated by the U.S. House of Representatives.

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. If the bill is passed, it is put before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.

Floor action

Once a bill has been reported, it is sent to the floor of the House of Representatives, where it is debated and voted on. This is known as floor action.

During floor action, Representatives discuss the bill and explain why they agree or disagree with it. A reading clerk then reads the bill section by section, and Representatives recommend changes. Once all changes have been made, the bill is ready to be voted on.

There are three methods for voting on a bill in the House of Representatives: Viva Voce (voice vote), Division, and Recorded. In a voice vote, the Speaker of the House asks those who support the bill to say "aye" and those who oppose it to say "no." In a Division vote, supporters of the bill are asked to stand up and be counted, and then the same is done for those who oppose it. In a Recorded vote, Representatives record their vote using an electronic voting system, and can vote "yes," "no," or "present" if they don't want to vote on the bill.

If a majority of Representatives vote "yes," the bill passes in the House of Representatives. It is then certified by the Clerk of the House and delivered to the Senate.

The bill then goes through many of the same steps in the Senate as it did in the House of Representatives. It is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea," the bill passes in the Senate and is ready to be sent to the President.

Conference committees

If the Conference Committee reaches a compromise, it prepares a written conference report, which is 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.

Presidential action

Once a bill has been passed by both chambers of Congress, it is then presented to the President for review. The President has the power to approve or reject a bill, and their actions will determine the next steps in the legislative process.

The President has ten days, excluding Sundays, to make a decision on the bill. If the President approves of the bill, they will sign it, and it will become a law. The President is not required to sign on a day when Congress is in session; they may sign on any day within the ten-day period, even if Congress has adjourned.

However, if the President opposes the bill, they may veto it. In this case, the bill will be returned to the chamber where it originated, along with the President's reasons for the veto. This chamber can then attempt to override the veto by holding another vote on the bill. If two-thirds of the members of this chamber agree to pass the bill, it will be sent to the other chamber, which will then decide whether to hold its own override vote. If both chambers vote to override the veto with a two-thirds majority, the bill will become a law, despite the President's objection. Overriding a presidential veto is a rare occurrence.

If the President does not sign or veto the bill within the ten-day period and Congress is still in session, the bill will automatically become law. However, if Congress is not in session, the bill will not become law. This is known as a "pocket veto."

Frequently asked questions