The Legislative Process: From Bill To Law

The process of turning a bill into a law is a long and complex one. In the United States, the creation and modification of laws is the primary function of Congress, the legislative branch of the government. A bill 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 a bill is introduced, it is assigned a number and sent to a committee, which will research, discuss, and make changes to it. The bill then goes 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, and then both chambers vote on the same version. If it passes, they present it to the president. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.

Bill is drafted

The bill-drafting process begins with a proposal for a new law or a change to an existing one. This proposal can come from a sitting member of the U.S. Senate or House of Representatives, be part of their election campaign, or be petitioned by citizens or groups who recommend a new or amended law to their Congressional representative. The members of Congress who support the bill are called "sponsors", and other members who show their support are called "co-sponsors".

Once the proposal is made, the bill is drafted. This is the first step in the legislative process. The bill is then introduced in Congress. In the House of Representatives, the bill is handed to the clerk of the House or placed in the hopper, and in the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If a Senator objects, the introduction is postponed until the next day.

The bill is then assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is sent to the Government Printing Office (GPO) for copying, and members can cosponsor the legislation. At this stage, the bill can be jointly sponsored by Senate members.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is often made by the House or Senate parliamentarian, and bills may be referred to more than one committee, sometimes being split and sent to different committees. The Speaker of the House may set time limits on committees, and bills are placed on the committee's calendar. If no action is taken on a bill, it is considered "dead".

The next steps involve hearings, revisions, and votes by the committee and subcommittees, leading to the bill being "ordered to be reported" and sent to the floor for further debate and approval.

Bill is introduced

Any member of the U.S. Congress can introduce a bill. 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. Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and the name of the sponsor. The bill is then sent to the Government Printing Office (GPO) and copies are made.

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.

In the Senate, a bill must be introduced during the morning hour and members must gain recognition from the presiding officer. If any senator objects, the introduction of the bill is postponed until the next day.

Senate bills can be jointly sponsored and members can cosponsor legislation.

Bill goes to committee

Once a bill is introduced, it is assigned to a committee. Committees are composed of groups of Congress members with a particular interest in specific topics, such as health or international affairs. The committees will research, discuss, and make changes to the bill. They will also determine the bill's chances of passage by the entire Congress.

The committee chair has the chief agenda-setting authority and identifies the bills or issues the committee will act on through hearings and/or markups. Hearings are a formal setting for feedback, where committee members and the public can hear about the strengths and weaknesses of a proposal from selected parties. Witnesses provide oral and written feedback, and committee members can ask questions. While hearings are not required procedurally, they are a way to spotlight legislation to colleagues, the public, and the press.

Committees may refer bills to a subcommittee for further study and hearings. The subcommittee may make changes and must vote to refer the bill back to the full committee.

When hearings are complete, the committee will meet to "mark up" the bill. They will make changes and amendments before recommending the bill to the "floor". This is a key formal step for the bill to advance. The committee chair will typically choose the proposal for markup: a referred bill or a new draft text. The committee considers possible changes by offering and voting on amendments.

A markup concludes when the committee agrees by majority vote to report the bill to the chamber. Committees rarely hold a markup unless the proposal is expected to receive majority support. The committee may vote to report a referred bill with changes, or report an original or "clean" bill written in the markup process.

Bill is voted on

Once a bill has been introduced, assigned to a committee, and reported, it is ready to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce, Division, and Recorded. In the case of a Viva Voce vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In a Division vote, 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. In a Recorded vote, Representatives record their vote using the electronic voting system, with options to 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 sent to the U.S. Senate.

In the Senate, 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 then sent to the President. If the House and Senate pass different versions of the bill, it is sent to a Conference Committee, which works to reconcile the differences between the two versions. If the Conference Committee reaches a compromise, a written report is submitted to each chamber for approval.

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, at which point it becomes a 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 a 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 a law.
• Do nothing (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.

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