The Legislative Process: How Bills Become Laws

In the United States, the federal legislative powers—the ability to consider bills and enact laws—reside with Congress, which is made up of the US Senate and the House of Representatives. The process of how a bill becomes a law is complex and involves multiple stages, including drafting, introduction, committee review, voting, referral to the other chamber, potential conference committee, and, finally, action by the President. This process ensures that laws are thoroughly debated and reviewed before being enacted, requiring approval from both chambers of Congress and the President.

How a bill is proposed and introduced

The process of a bill becoming a law begins with an idea. These ideas 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 an idea for a bill, they must find a sponsor. The representative discusses the bill with other representatives to get their support. The primary Congress member supporting the bill is called the "sponsor", and the other members who support it are called "co-sponsors". Once a bill has a sponsor and the support of some 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 wooden box on the House floor. Only members of each chamber may introduce legislation, though occasionally a member may introduce a bill at the request of the President. In the Senate, the bill is submitted to clerks on the Senate floor. Once introduced, the bill will receive a designation and a number.

The 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 specific topics such as agriculture, education, or international relations. The committee will review, research, and revise the bill before voting on whether to send it back to the House floor.

If the committee members want more information before deciding, the bill is sent to a subcommittee. 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 committee has approved a bill, it is sent or reported to the House floor.

The committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.

After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

The bill is reported

Once the committee has approved a bill, it is sent, or reported, to the House floor. This is when the bill is ready to be debated by the U.S. House of Representatives. During the debate, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is 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 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 say or select "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.

The 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, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and those who oppose it to say "no." In a division vote, the Speaker asks supporters to stand up and be counted, and then asks the opposers to do the same. In a recorded vote, Representatives record their vote using an electronic voting system. They can 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 sent to the 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 vote "yea," the bill passes in the Senate and is 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 for review. The President has three options:

• Sign and pass the bill, and it becomes a law.
• Refuse to sign or veto the bill, sending it back to the House of Representatives with the reasons for the veto. If the House and the Senate still believe the bill should become a law, they can hold another vote, and 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, also known as a pocket veto. If Congress is in session, the bill automatically becomes law after 10 days. However, if Congress is not in session, the bill does not become a law.

Frequently asked questions