The Federal Process: How A Bill Becomes Law

The process of how a bill becomes a law in the United States is a complex one. It begins with an idea, which can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee, whose members 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 between the two versions, after which both chambers vote on the same version of the bill. If it passes, it is presented to the president, who can approve and sign it into law, or veto it. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.

A bill is proposed

The first step in the federal legislative process is the proposal of a 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 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.

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. 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 process is similar in the Senate. A senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a senator may use a more formal procedure by rising and introducing the bill from the floor, usually accompanied by a statement about the measure.

A bill is introduced

The first step in the federal legislative process is the introduction of a bill. A bill is a proposal for a new law or a change to an existing law. Ideas for bills can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaigns, or be petitioned by citizens or citizen groups.

Once a bill has been 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. Once a bill is introduced, it is given a number: H.R. signifies a House bill, and S. a Senate bill.

When a bill is introduced in the U.S. House of Representatives, 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.

Committees

Committees are groups of Representatives who are experts on specific topics such as agriculture, education, or international relations. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees provide an intensive consideration of a proposed bill and a forum for the public to be heard.

Subcommittees

Committees may refer bills to subcommittees for further study and hearings. Subcommittees are organized under committees and have further specialization on a certain topic. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

A bill goes to committee

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. 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.

If the committee members require more information before deciding on whether the bill should be sent to the House floor, 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 chair of the relevant committee determines whether there will be a hearing on the bill (which is an opportunity for witnesses to provide testimony) and then whether there will be a markup, which refers to the process by which the proposed bill is debated, amended, and rewritten. Usually, a subcommittee holds the hearing, and then the bill can be marked up, first in the subcommittee and then in the full committee (although action can only be taken at the full committee level). After amendments are adopted or rejected, the chair can move to vote the bill out of the committee. If the committee votes in favour of the bill, it is sent to the entire body of the House or the Senate; if not, the bill essentially "dies" in the committee.

The committee chair's staff then writes a report on the bill, describing the intent of the legislation, the legislative history (such as hearings in the committee), the impact on existing laws and programs, and the position of the majority of the committee members. The members of the minority, including the Ranking Member (the most senior committee member from the minority party), may file dissenting views as a group or individually. A copy of the bill as marked up is usually printed in the Committee Report.

A bill is voted on

Once a bill has been introduced, assigned to a committee, and reported, it is put before the chamber to be voted on. 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).

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 the Representatives or Senators vote in favour of the bill, it passes in the respective chamber. If the bill passes in the House, it is then certified by the Clerk of the House and delivered to the U.S. Senate.

A 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. The President has three options:

• Sign and pass the bill, at which point it becomes law.
• Refuse to sign, or veto, the bill. The bill 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 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 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.

Frequently asked questions