The Legislative Process: How Bills Become Law

The process of how a bill becomes a law is a lengthy one, and it begins with the creation 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 is drafted, it is introduced and assigned a number (e.g., H.R. 1001 for the House of Representatives and S. 1002 for the Senate). It is then referred to a committee, which will research, discuss, and make changes to the bill. The committee may also refer the bill to a subcommittee for further study. Once the committee and subcommittee processes are complete, the bill is put before the chamber to be voted on. 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 reconcile any differences between the two versions before both chambers vote on the same version of the bill. If it passes, they present it to the president for approval. The president can approve the bill and sign it into law, or veto it. If the president chooses to veto, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto.

Drafting the bill

Drafting a bill is the first step in the legislative process. 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 member of Congress has an idea for a law, they can draft a bill. The member of Congress who supports the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

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

The bill is then assigned a number. In the House of Representatives, the bill is placed in the hopper, a special box on the side of the clerk's desk. A bill introduced in the House is designated by "H.R." followed by a number. In the Senate, a bill is designated by "S." followed by its number.

After the bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with particular interests or expertise in different topics. The committee will research, discuss, and make changes to the bill. The committee may also hold hearings to better understand the implications of the bill and gather the views of experts, public officials, supporters, and opponents of the bill. If the committee does not act on a bill, the bill is considered "dead".

The committee may refer the bill to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer the bill back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making changes and amendments before recommending the bill to the "floor". If the committee votes in favour of the bill, it is reported to the floor.

The process of drafting a bill involves multiple steps and careful consideration by members of Congress and their staff. It is the first critical step in the legislative process, which ultimately leads to the creation of a law.

Introducing the bill

The process of introducing a bill begins with an idea for a new law or a change to an existing law. Ideas can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once an idea has been established, a bill is drafted. Any member of Congress can draft a bill, and these drafts can also be informed by everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once a bill has been drafted and gained 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 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, 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, the process is slightly different. A Senator must gain recognition of the Senate floor from the presiding officer and then announce the introduction of the bill. The bill is then numbered and referred to the appropriate committee for consideration.

Committee review

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee review process is an important phase of the legislative process. Here is a detailed breakdown of the committee review stage:

Committee Assignment:

Bills are assigned to committees based on their subject matter. For instance, bills relating to charitable deductions and the oversight of charitable organizations are usually sent to the House Ways and Means and Senate Finance Committees.

Subcommittee Review:

Committees often refer bills to subcommittees for further study and hearings. Subcommittees are specialized groups that focus on specific topics related to the committee's area of interest. The subcommittee may request reports, hold hearings with experts and interested parties, and make changes to the bill before sending it back to the full committee.

Full Committee Review:

After the subcommittee review, the full committee will meet to discuss the bill. They will consider any proposed amendments and vote on whether to recommend the bill to the full legislative body. This process is known as "ordering a bill reported." If the committee votes in favor of the bill, it moves forward in the legislative process. If not, the bill may be revised and reintroduced, or it may be laid aside.

Committee Amendments:

During the committee review process, the committee members will carefully examine the bill and propose amendments. This process of making changes and revisions is sometimes referred to as "marking up" the bill. If substantial amendments are made, a new version of the bill, known as a "clean bill," may be introduced to incorporate all the changes.

Committee Vote:

Once the committee has finished reviewing and amending the bill, they will vote on whether to recommend it to the full legislative body. This vote is crucial, as it determines whether the bill will continue to the next stage of the legislative process or be halted.

The committee review stage is a critical step in the process of how a bill becomes a law. It is during this stage that the bill undergoes intense scrutiny, discussion, and revision by subject-matter experts. The committee has the power to shape the bill and determine whether it will advance further in the legislative process.

Voting on the bill

Once a bill has been drafted, introduced, and assigned to a committee, it is then put before the full chamber to be voted on. This is known as the "floor action" stage.

In the House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. For a viva voce vote, the Speaker of the House asks Representatives to say "aye" if they support the bill and "no" if they oppose it. For a division vote, the Speaker asks supporters of the bill to stand up and be counted, and then asks opponents of the bill to do the same. For a recorded vote, Representatives use an electronic voting system to record their vote. If a majority of Representatives vote "yes", the bill passes in the House and is then 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 say "yea", the bill passes in the Senate and is sent to the President.

If the bill passes in one body of Congress but not the other, it goes back to the first body, where it may undergo further revisions before being voted on again. This process repeats until the bill passes in both bodies, or until it is rejected.

Once a bill has passed in both the House and the Senate, it is sent to the President for approval. The President can choose to approve the bill and sign it into law, or veto it. If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both bodies. If the veto is overridden, the bill becomes a law.

Presidential approval

Once a bill has been passed by both chambers of Congress, 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, 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 can be overridden, and the bill becomes law.
• Do nothing, which 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.

Frequently asked questions