The Law-Making Process: How Bills Become Laws

The process of how a bill becomes a law is a fundamental aspect of government. In the United States, this process begins with the introduction of a bill, which is a proposal for a new law or a change to an existing one. 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 introduced, the bill is assigned to a committee for research, discussion, and potential changes. It is then put before the chamber for a vote. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept, they must reconcile any differences, and both chambers vote on the final version. If passed, the bill is presented to the President, who can approve and sign it into law or veto it. Congress can override a presidential veto with a two-thirds majority vote, but if Congress is not in session, the bill will not become law. This is known as a pocket veto.

The Bill Is Proposed

The first step in the process of a bill becoming a law is the proposal of the bill. 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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a representative has written a bill, the bill needs a sponsor. The representative talks with other representatives to get their support for the bill. 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 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.

The Bill Is Introduced

The process of a bill becoming a law begins with the introduction of the bill. In the U.S., only a member of the House of Representatives can introduce a bill to the House, and only a Senator can introduce a bill in the Senate. The bill is then placed in the hopper, a special box on the side of the clerk's desk. A bill clerk assigns it a number, beginning with H.R. if it is introduced in the House, and a reading clerk reads the bill to all the Representatives.

Once introduced, the bill is assigned to a committee, whose members will research, discuss, and make changes to the bill. The committee is made up of groups of Representatives who are experts on various topics. If the committee requires more information before deciding on the bill, it is sent to a subcommittee, where it is closely examined and expert opinions are gathered.

If the committee approves the bill, it is sent to the House floor and is ready to be debated. 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.

The Bill Goes to Committee

Once a bill is introduced, it is assigned to a committee whose members will review, research, and revise the bill before voting on whether or not to send it back to the House floor. Committee members are groups of Representatives who are experts on specific topics such as agriculture, education, or international relations. If the committee members want more information before deciding, the bill is sent to a subcommittee. While in the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

The committees provide the most intensive consideration to a proposed measure as well as a forum where the public is given the opportunity to be heard. The committees also seek input from relevant departments and agencies about a bill. Frequently, the bill is submitted to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law. The committees have specific subject-matter jurisdictions and all measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, immigration policy, bankruptcy, patents, copyrights, and trademarks.

The committees may also hold public hearings on the bill. The chairman of each committee is required to make a public announcement of the date, place, and subject matter of any hearing at least one week before the commencement of that hearing, unless there is good cause to begin the hearing sooner. Personal notice of the hearing, usually in the form of a letter, is sometimes sent to relevant individuals, organizations, and government departments and agencies.

After hearings are completed, the subcommittee will usually 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 the 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 unfavorously, or without recommendation. The subcommittee may also suggest that the committee "table" it or postpone action indefinitely.

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.

The Bill Is Reported

There are three methods for voting on a bill in the U.S. House of Representatives: viva voce, division, and recorded. In the viva voce method, the Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no". In the division method, the Speaker of the House asks those who support the bill to stand up and be counted, and then those who oppose it to do the same. In the recorded method, Representatives record their votes using the electronic voting system. They 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.

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, with supporters saying "yea" and opponents saying "nay". If a majority of the Senators support the bill, it passes in the U.S. Senate and is ready to go to the President.

Once a bill has passed in both the U.S. House of Representatives and the U.S. Senate, it is sent to the President. The President has three options: sign and pass the bill, veto the bill, or do nothing (pocket veto). If the President chooses to veto a bill, Congress can vote to override the veto, and the bill will become a law.

The Bill Is Voted On

Once a bill has been introduced, assigned a number, and read, it is then put before the chamber to be voted on.

In the US House of Representatives, there are three methods for voting on a bill: Viva Voce, Division, and Recorded. Viva Voce is a voice vote, where the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". Division involves the Speaker asking those who support the bill to stand up and be counted, and then doing the same for those who oppose it. For a recorded vote, Representatives record their vote using the 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 and is then certified by the Clerk of the House before being delivered to the US Senate.

In the Senate, voting is done by voice. Senators who support the bill say "yea", and those who oppose it say "nay". If a majority of Senators vote "yea", the bill passes in the Senate and is then ready to be sent to the President.

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