The Legislative Process: How A Bill Becomes Law

In the United States, the process of a bill becoming a law involves several steps and can range from a few hours to 100 years. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed by citizens or advocacy groups. Once a bill is drafted, it is introduced in the House or Senate, where it is assigned a number and referred to a committee. The committee reviews, researches, and revises the bill before voting on whether to send it back to the House or Senate floor for debate and a full chamber vote. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies approve a bill, they must reconcile any differences, and then both chambers vote on the same version. If the bill passes, it is presented to the President for approval, who can sign it into law or veto it. Congress can override a presidential veto with a two-thirds majority vote in both houses, turning the bill into law.

How a bill is proposed

The process of a bill becoming a law in the United States begins with 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 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. A bill is given a chamber designation and a number, usually based on the order in which it was introduced. In the House, bills introduced will have designations such as "H.R." for House of Representatives or "H.J. Res." for House Joint Resolution.

Once a bill is introduced, it 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 that has jurisdiction over the major issue involved in the bill. Committees are composed of groups of Congress members with expertise on topics such as agriculture, education, or international relations. The committee may also choose to hold hearings to better understand the implications of the bill and gather expert opinions. If the committee requires further information or specialisation, the bill is sent to a subcommittee.

After the subcommittee concludes its hearings, the bill goes through a "mark-up" where the subcommittee goes through the bill word by word, considering amendments, deleting sections, and revising the language. At the conclusion of the mark-up, the subcommittee votes on whether to report out or table the revised bill. If the bill is voted on favourably, it is then reported out of the subcommittee and referred back to the full committee for further consideration. After the full committee reviews the bill, it has the option of holding its own hearing and mark-up, before deciding to take no action (table the bill), vote not to report out the bill (kill it), or report the bill out favourably.

How a bill is introduced

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 bill is 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 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 in the House, 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, 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 of the bill is postponed until the next day. Once introduced, the bill is given a chamber designation and a number, usually based on the order in which it was introduced.

After a bill is introduced, either 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. Bills may be referred to more than one committee because of the subject matter of the bill. This is called a joint referral.

The committee process

The Chairperson of the committee then assigns the bill to the relevant sub-committee, where hearings are held, and the bill is examined in detail. This stage provides an opportunity for the executive branch, experts, public officials, supporters, and opponents to present their views and testimonies. After the hearings, the sub-committee proceeds to the mark-up stage, where the bill is scrutinized word by word, considering amendments and revisions.

Following the mark-up, the sub-committee votes on whether to report out or table the bill. If the bill receives a favourable vote, it is referred back to the full committee for further review. The full committee can decide to hold its own hearings and mark-up sessions, after which it has the option to take no action, vote against the bill, or report it out favourably. If the committee reports the bill out favourably, it is scheduled for floor debate in the House or the Senate, depending on its origin.

The committee chairs have significant control over the process, as they set the agenda for bill considerations. If the chairperson does not support a bill, they can employ tactics such as refusing to schedule a hearing or never scheduling a vote to prevent it from advancing. However, there are procedures in place to circumvent an unreasonable chairperson.

Voting on the bill

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 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 say or select yes, the bill passes in the House and is then certified by the Clerk of the House and delivered to the 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 Senate and is ready to go to the President.

If both bodies pass different versions of a bill, both bills are sent to a Conference Committee. The Conference Committee works to reconcile differences between the two versions and agrees on a compromise bill, called a Conference Report. If the Conference Committee agrees on a compromise bill, it is sent back to the full House and Senate for approval one final time. No amendments can be added or changes made to the bill—it must be voted on as it is. This is termed enrolling the bill. If the conference committee is unable to reach an agreement, the legislation dies.

The bill becomes a law

The process of a bill becoming a law is a lengthy and complex one. It involves multiple stages of drafting, revision, and voting, as well as the input of various parties, including members of Congress, committees, and the President. Here is a detailed overview of the steps involved in this legislative process.

The journey of a bill begins with its introduction in Congress, where it is proposed by a single member or a group of members (sponsors and co-sponsors). Depending on the chamber of its introduction, it is assigned a chamber designation and a number. In the House of Representatives, for instance, a bill is introduced when placed in the hopper, a special box on the clerk's desk.

Committee and Subcommittee Review

Once introduced, the bill is referred to a committee by the Speaker of the House or the Senate Majority Leader. Committees are composed of groups of Representatives or Senators with expertise in specific topics relevant to the bill. The committee members review, research, and revise the bill, and they may also hold hearings to gather expert opinions and record the views of supporters and opponents of the bill. If the committee requires further information or specialisation, the bill is sent to a subcommittee for more in-depth examination.

Committee Mark-up and Voting

After hearings and subcommittee review, the committee meets to "mark up" the bill, making changes and amendments. If the committee votes in favour of the bill, it is reported to the floor, initiating additional debate and voting by the full chamber.

Referral to the Other Chamber

If the bill passes in one chamber, it is referred to the other chamber (the House or the Senate), where it undergoes a similar process of committee and subcommittee review, mark-up, and voting.

Conference Committee

If both chambers pass different versions of the bill, a Conference Committee is formed, comprising members from each chamber. This committee works to reconcile the differences and agree on a compromise bill, known as a Conference Report. If the Conference Committee reaches an agreement, the report is sent back to both chambers for final approval, without any further amendments or changes.

Presidential Action

Once the bill is approved by both chambers, it is sent to the President for review and action. The President has several options: signing and passing the bill into law, allowing it to become law without a signature (if Congress is in session and 10 days pass without action), vetoing the bill, or doing nothing, resulting in a "pocket veto" if Congress is not in session.

Veto Override

If the President vetoes a bill, Congress can attempt to override the veto by holding another vote. If two-thirds of both the House and the Senate support the bill, the President's veto is overridden, and the bill becomes a law.

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