The Legislative Process: How A Bill Becomes Law

The process of a bill becoming a law is a complex one. In the United States, the creation and modification of laws is the primary function of Congress, as the Legislative Branch of the government. All laws in the United States begin as bills, which are proposals 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 a sponsor, and then referred to a committee. The committee reviews, researches, and revises the bill before voting on whether to send it back to the House floor. If the bill 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, before presenting it to the president.

Drafting and proposing a bill

When a Representative has written a bill, it needs a sponsor. The Representative will then talk with other Representatives to get their support. Once a bill has a sponsor and the support of other 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. Once introduced, a bill is given a number and read to all the Representatives before being sent to a committee.

Introducing the bill

The first step in the legislative process is the introduction of legislation. Any member of Congress can introduce a bill, which 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 Representative has written a bill, they need to find a sponsor. They do this by talking to other Representatives and trying to get their support. Once a bill has a sponsor and the support of other 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 House. When a bill is introduced, it is assigned a number that begins with H.R. It is then read by a reading clerk to all the Representatives, after which 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 is postponed until the next day. The bill is then assigned a number (e.g. S 1) and sent to the Government Printing Office (GPO) to be copied. Senate bills can be jointly sponsored, and members can cosponsor legislation.

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

Committee and subcommittee review

Once a bill is introduced, it is assigned to a committee. Committees are groups of Representatives or Congress members with expertise on a particular topic, such as agriculture, education, or international relations. The committee members review, research, and revise the bill before voting on whether to send it back to the House floor. They may also hold hearings to better understand the bill's implications and gather expert opinions. If the committee does not act on a bill, it is considered "dead".

If the committee requires more information before making a decision, the bill is sent to a subcommittee. Subcommittees have further specialisation on a certain topic and often hold their own hearings. They can make changes to the bill and must vote to refer it back to the full committee.

Once the subcommittee review is complete, the committee will meet to "mark up" the bill. They will make any necessary changes and amendments before recommending the bill to the "floor". If the committee votes against the bill, it dies. If they vote in favour, it is reported to the floor.

Voting on the bill

Once a bill has been introduced and assigned to a committee, it will be researched, discussed, and amended before being put to a vote. The committee will vote on whether to send the bill back to the House floor. If the committee does not act on a bill, it is considered "dead".

If the bill passes the committee stage, it will be reported to the House floor. Representatives will then debate the bill, explaining why they agree or disagree with it. A reading clerk will read the bill section by section, and Representatives will recommend changes. Once 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 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 Representatives vote yes, the bill passes in the House and is then sent to the Senate. In the Senate, the bill goes through a similar process of discussion, debate, and voting. Senators vote by voice, saying “yea” if they support the bill and “nay” if they oppose it. If a majority of Senators vote in favour, the bill passes in the Senate and is ready to be sent to the President.

Presidential approval

Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for approval. The President has three options:

• Sign and pass the bill, which becomes a law.
• Refuse to sign or veto the bill, which is then sent back to the House of Representatives along with the President's reasons for the veto. If the House of Representatives and the Senate still believe the bill should become 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, which is called a 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 law.

Frequently asked questions