The Making Of A Law: Civics 101

The process of a bill becoming a law is known as the legislative process. In the United States, the legislative branch of the federal government is Congress, which is divided into the Senate and the House of Representatives. The legislative process begins with the introduction of a bill, which can be done by any member of Congress. The bill is then assigned a number and sent to the Government Printing Office, where copies are made. The bill is then referred to a committee, which will review and research it before voting on whether to send it back to the House floor. If the bill passes this stage, it is debated and voted on by the full chamber. If it passes this vote, it is sent to the other chamber, where the process is repeated. If both chambers approve the bill, it is sent to the President for review. The President can approve the bill, in which case it becomes a law, or veto it, in which case it is sent back to Congress. Congress can then attempt to override the veto with a two-thirds majority vote in both chambers, and if successful, the bill becomes a law.

The Bill Is Proposed

The process of a bill becoming a law begins with an idea. These ideas can come from a Representative or citizen. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills. When a Representative has written a bill, the bill needs a sponsor. The Representative talks with other Representatives about the bill in the hopes of getting their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

The Sponsor

The sponsor is the primary Congress member supporting the bill. The sponsor will talk with other members of Congress about the bill, in the hopes of getting their support. The sponsor will also need to find a member of Congress to introduce the bill.

The Introduction

Once a bill has a sponsor and the support of other members of Congress, it is ready to 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.

The Co-Sponsors

Other members of Congress who support the bill are called "co-sponsors". Co-sponsors are not required to sign the bill.

The Bill Is Introduced

The process of a bill becoming a law begins with its introduction. 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. Once 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, after which the Speaker of the House sends the bill to one of the House standing committees.

The process of introducing a bill in the Senate differs slightly. In the Senate, a member must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. Senate bills can be jointly sponsored.

After a bill is introduced in either the House or the Senate, it is assigned a number (e.g. HR 1 or S 1) and sent to the Government Printing Office (GPO), where copies are made. The bill is also labeled with the sponsor's name, and members can cosponsor the bill.

The Bill Goes to Committee

Once a bill is introduced, it is assigned to a committee. The committee members are groups of Representatives who are experts on topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor. The committee will also gather comments about the bill's merit from government agencies.

If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval. Subcommittees report their findings to the full committee.

The committee will then hold a "mark-up" session to make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.

After the bill is reported, the committee staff prepares a written report explaining why they favor 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.

The Bill Is Voted On

Once a bill has been reported, it is placed on the calendar and is ready to be debated and voted on by the full chamber.

House of Representatives

In the House of Representatives, there are three methods for voting on a bill:

• 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 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 vote yes, the bill passes in the House and is then sent to the U.S. Senate.

U.S. 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 sent to the President.

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, which becomes a law.
• Refuse to sign or veto the bill, which is then 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 it. 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 a law.

Frequently asked questions