The Us Lawmaking Process: How Bills Become Laws

In the United States, the federal legislative powers to consider bills and enact laws lie with the US Congress, which is made up of the House of Representatives and the Senate. The process of turning a bill into a law involves several steps, including drafting, introduction, committee review, voting, referral to the other chamber, and, finally, action by the President. This complex procedure ensures that laws are carefully considered and debated before being enacted, and it is the most important job of the US House of Representatives.

A bill is proposed

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 who recommend a new or amended law to a member of Congress that represents them.

Once a bill has been drafted, it needs a sponsor. The sponsor is the primary Congress member supporting the bill. The Representative talks with other Representatives about the bill in the hopes of getting their support for it. Other members of the same body (House or Senate) can add their names as co-sponsors after the day of introduction. 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, it is given a number: "H.R." signifies a House bill and "S." a Senate bill. A bill clerk assigns it this number, which 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 then referred to a committee with jurisdiction over the primary issue of the legislation. Both the House and Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health, agriculture, education, or international affairs. Sometimes a bill will be referred to multiple committees or a subcommittee first. When the bill reaches committee, the committee members review, research, and revise the bill before voting on whether or not to send it back to the House floor.

The bill is introduced

In the Senate, the process is similar. A bill is introduced by a Senator and is given a number designated by S. to signify that it is a Senate bill. It is then referred to a committee with jurisdiction over the primary issue of the legislation. Sometimes a bill will be referred to multiple committees, or a subcommittee first.

Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

The sponsor is the primary Congress member supporting the bill, and other members who support the bill are called co-sponsors. Any member of the same body (House or Senate) can add their name as a co-sponsor after the day of introduction.

The bill goes to committee

Once a bill is introduced, it is assigned to a committee. Committees are composed of groups of Congress members with expertise in specific topics, such as health, agriculture, education, or international affairs and relations. The committee members review, research, and revise the bill, and may also hold hearings to better understand its implications. Hearings allow for the recording of views from the executive branch, experts, other public officials, supporters, and opponents of the bill. If the committee does not act on a bill, it is considered "dead".

Subcommittees are specialised groups that operate under committees. A bill may be referred to a subcommittee for further study and hearings. The subcommittee may suggest changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor". If the committee votes against reporting legislation to the full chamber of Congress, the bill dies. If they vote in favour of the bill, it is reported to the floor.

When a bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then either passed or defeated. The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body for debate and amendment, and then final passage. In the House, a representative may only offer an amendment if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as it is relevant to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to pass.

The bill is voted on

Once a bill has been introduced, assigned to a committee, and reported to the House floor, it is ready to be voted on. In the U.S. House of Representatives, there are three methods of voting on a bill: Viva Voce, Division, and Recorded.

Viva Voce

The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it to 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.

In the U.S. Senate, senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to be 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. The President has three options: they can sign the bill into law, refuse to sign it and veto it, or do nothing. If the President signs the bill, it becomes a law. If they veto it, the bill is sent back to Congress, along with the President's reasons for the veto. Congress can then attempt to override the veto by holding 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.

If the President does nothing, this is known as a "pocket veto". If Congress is in session, the bill will automatically become law after 10 days. However, if Congress is not in session, the bill will not become law. This type of veto cannot be overridden by Congress.

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