The Legislative Process: How A Bill Becomes Law

The process by which a bill becomes a law in the United States involves several steps and the participation of various actors. A bill is a proposal for a new law or a change to an existing one, and it can be initiated by a member of the U.S. Senate or House of Representatives, or even by citizens and advocacy groups who propose it to their representatives. Once a bill is drafted and introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes through a process of voting, first in one body of Congress and then, if passed, in the other. If the bill passes in both chambers, any differences between the two versions must be reconciled, and both chambers vote on the same version. If the bill is approved by both bodies of Congress, it is presented to the President for consideration. The President can approve the bill, veto it, or do nothing. In most cases, Congress can override a presidential veto with a two-thirds majority vote, but if Congress is not in session, a pocket veto may occur, automatically vetoing the bill.

A bill is proposed

The legislative process begins with the proposal of a bill, which is a proposal for a new law or a change to an existing law. Any member of Congress can propose a bill, whether they are part of the Senate or the House of Representatives. The person proposing the bill is called the sponsor, and other members who support the bill are called co-sponsors. Bills can also be proposed by citizens or citizen groups, who can recommend a new or amended law to a member of Congress.

Once a bill has a sponsor and the support of other Representatives, it is ready to be introduced. In the 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. 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 next day.

After introduction, the bill is assigned a number, e.g. HR 1 or S 1, and labelled with the sponsor's name. 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.

A bill is introduced

Once introduced, a bill is assigned to a committee whose members will research, discuss, and make changes to the bill. The Speaker of the House or the Senate Majority Leader will refer the bill to the appropriate committee, which will have jurisdiction over the major issue involved in the bill. Committees are composed of groups of Congress members with a particular interest or expertise in the topic of the bill, such as health or international affairs.

The bill is then sent to the Government Printing Office (GPO), where copies are made. The bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. Members can also cosponsor the legislation.

A bill goes to committee

Once a bill is introduced, it is immediately referred to a committee. Both the House and the Senate have committees that are made up of groups of Congress members who are particularly interested in or knowledgeable about certain topics, such as health or international affairs. The Speaker of the House or the Senate Majority Leader will refer the bill to the appropriate committee that has jurisdiction over the major issue involved in the bill. In the House, bills may be referred to more than one committee because of their subject matter. This is called a joint referral.

The committee members will then carefully examine the bill, researching and discussing it, and making changes before voting on whether to send it back to the House floor. This is the best opportunity to put on the record the views of the executive branch, experts, other public officials, supporters, and opponents of the bill. The committee may also hold hearings to better understand the bill's implications, and to put the views of these various parties on the record. Hearings allow for testimony to be given in person or submitted as a written statement.

If the committee wishes to gather more information before deciding whether to send the bill to the House floor, it 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. Once the subcommittee concludes its hearings, the bill goes through a markup where the subcommittee goes through the bill word by word, considering amendments, deleting sections, and revising language.

At the conclusion of the markup, the subcommittee votes on whether to report out or table the revised bill. Tabling a bill is a procedure used to kill the measure. If the bill is voted on favorably, it is then reported out of the subcommittee and referred to the full committee for further consideration. After the full committee reviews the bill, it too has the option of holding its own hearing and markup. The committee can decide to take no action (table the bill), vote not to report out the bill (kill it), or report the bill out favorably. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

A bill is reported

Once the committee has approved a bill, it is sent, or reported, to the House floor. This procedure is called "ordering a bill reported". Once reported, a bill is ready to be debated by the U.S. House of Representatives.

When a bill is debated, representatives discuss the bill and explain why they agree or disagree with it. Representatives can also recommend changes to the bill. The bill is then ready 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).

If a majority of the Representatives vote 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.

A bill is voted on

Once a bill has been debated and possibly amended on the floor of either the House or the Senate, it is put to a vote. There are three methods for voting on a bill in the House: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no". In a division vote, supporters of the bill are asked to stand up and be counted, and then opponents do the same. In a recorded vote, Representatives record their vote using an electronic voting system, selecting "yes", "no", or "present" if they do not want to vote. A majority vote is required for the bill to pass in the House. The bill is then certified by the Clerk of the House and delivered to the Senate.

In the Senate, Senators vote by voice, saying "yea" to support the bill and "nay" to oppose it. A majority vote is required for the bill to pass in the Senate. If the bill passes in the Senate, it is sent to the President. If the House and Senate pass the same bill, it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee.

The Conference Committee includes members from each house who work to reconcile the differences between the two versions of the bill. If the Conference Committee reaches a compromise, it prepares a written report that is submitted to each chamber. The conference report must be approved by both the House and the Senate.

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