The Legislative Process: How A Bill Becomes Law

Laws are an essential part of society, setting rules that help guarantee our rights, determine what is or isn't a crime, and decide how tax revenue is spent. In the United States, the federal legislative powers to consider bills and enact laws reside with Congress, which consists of the US Senate and the House of Representatives. Creating laws is the most important job of the US House of Representatives. All laws in the United States begin as bills, and there is a detailed process for a bill to become a law.

Bill proposal and introduction

The process of a bill becoming a law begins with an idea. This idea 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 groups who recommend a new or amended law to their member of Congress.

Developing the Idea

Before a bill can be introduced, it needs a sponsor. The representative will discuss the bill with other representatives to gain their support. The bill can then 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 of Representatives. A bill clerk will then assign it a number, beginning with H.R., and a reading clerk will read the bill to all representatives before it is sent to a House standing committee.

The Bill Proposal

A bill proposal is a written letter stating the idea. It should be written in sections, beginning with a description of the issue, a discussion of the benefits of the bill, examples, a detailed explanation of the costs involved, and a summary of the main points and benefits. If the proposal is well-written and makes cogent arguments, the legislative body may consider it and may vote on it.

Assigning a Number

Once a bill is introduced, the House clerk assigns a legislative number for bills introduced in the House of Representatives (e.g. H.R. 1001) and the Senate clerk assigns a legislative number for bills introduced in the Senate (e.g. S. 1002). The bill will also receive a number, typically the next number available in sequence during that two-year Congress.

Committee review and research

Once a bill is introduced, it is assigned to a committee. The committee members are groups of representatives with expertise in the bill's subject matter, such as agriculture, education, or international relations. They review, research, discuss, and make changes to the bill. The committee may also hold hearings to better understand the bill's implications and gather the views of experts, supporters, and opponents. If the committee does not act on a bill, it is considered "dead".

If the committee members require more information, the bill is sent to a subcommittee, which is a specialist group organised under the committee. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval. The subcommittee may also request reports from government agencies and hold hearings for experts and interested parties to offer testimony.

The committee will then meet to "'mark up'" the bill, making changes and amendments before recommending it to the "floor". This procedure is called "ordering a bill reported". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor.

Floor debate and amendments

Once a bill has been reported by a committee, it is ready for consideration by the full House. The consideration of a measure may be governed by a "rule", which is a simple resolution that sets out the particulars of debate for a specific bill, including how much time will be allowed for debate and whether amendments can be offered.

Debate time is normally divided between proponents and opponents, with each side yielding time to those members who wish to speak on the bill. When amendments are offered, these are also debated and voted upon. Amendments must be germane to the subject of a bill – no riders are allowed.

After all debate is concluded and amendments decided upon, the House is ready to vote on final passage. In some cases, a vote to "recommit" the bill to committee is requested. This is usually an effort by opponents to change some portion or table the measure. If the attempt to recommit fails, a vote on final passage is ordered.

Votes on final passage, as well as all other votes in the House, may be taken by the electronic voting system which registers each individual member's response. These votes are referred to as Yea/Nay votes or recorded votes. Votes in the House may also be by voice vote, and no record of individual responses is available.

Chamber vote

Once a bill has been introduced and assigned to a committee, the committee members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on.

The U.S. House of Representatives has three methods for voting on a bill: viva voce, division, and recorded. In 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 who support the bill to stand up and be counted, and then those who oppose the bill to do the same. In a recorded vote, Representatives record their vote using an electronic voting system, and 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 of Representatives and is then sent to the U.S. Senate.

The U.S. Senate votes by voice, with those who support the bill saying "yea" and those who oppose it saying "nay." If a majority of Senators vote "yea", the bill passes in the Senate and is sent to the President.

Presidential action

Once a bill has been passed by both chambers of Congress, it is sent to the President for review. The President has three options:

• Sign and pass the bill, which becomes a law
• Refuse to sign or veto the bill, sending it back to Congress with their reasons for doing so. If two-thirds of both the House and the Senate still support the bill, the President's veto is overridden and the bill becomes a law.
• Do nothing, which is known as a pocket veto. If Congress is in session, the bill will automatically become law after 10 days. If Congress is not in session, the bill does not become law.

The President's approval is the final step in the process of a bill becoming a law.

Frequently asked questions