Understanding The Lawmaking Process: Steps To Enact Legislation

The process of a bill becoming a law is a long and complex one, involving many steps and stakeholders. In the United States, laws begin as ideas, which can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed by citizens or advocacy groups. These ideas are then drafted into bills, which are introduced and assigned to committees for study and revision. Once a bill is released by a committee, it is put on a calendar to be voted on, debated, or amended. If it passes by a simple majority, it moves to the other chamber, where it goes through a similar process. Once both chambers vote to accept a bill, they must reconcile any differences, after which both chambers vote on the same version. If it passes, it is presented to the President, who can approve and sign it into law or veto it. In most cases, Congress can override a veto and the bill becomes a law. However, if Congress is not in session and the President does not sign off on a bill, it will be vetoed by default, or pocket vetoed.

A bill is drafted

Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors". Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.

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, which is the official government website that tracks federal legislation.

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 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.

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.

When a bill is introduced in the U.S. Senate, it is presented to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. Alternatively, a Senator may use a more formal procedure by rising and introducing the bill from the floor, usually accompanied by a statement about the measure.

A bill goes to committee

Once a bill has been introduced, it is assigned to a committee. Committees are groups of members of the House of Representatives or the Senate who are experts on a particular topic, such as agriculture, health, or international relations. The committee will review, research, and revise the bill, and then vote on whether to send it back to the House floor. If the committee would like more information before making a decision, the bill is sent to a subcommittee. A subcommittee is a group that operates under a committee and has further specialisation on a certain topic. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Once the bill is back with the full committee, they will meet to "mark up" the bill. They will make changes and amendments before recommending the bill to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor.

The committee phase is perhaps the most important phase of the legislative process. It is during this stage that the bill is given the most intensive consideration, and it is also the forum where the public is given the opportunity to be heard.

A bill is voted on

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee may even choose to hold hearings to better understand the implications of the bill. If the committee does not act on a bill, the bill is considered to be "dead".

Once the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. When a bill is debated, 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 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.

A bill is sent to the president

Once a bill has been approved by both the House and the Senate, it is sent to the President. The President has three options:

• Sign and pass the bill, at which point it becomes a law.
• Refuse to sign, or veto, the bill. The bill is then sent back to the House of Representatives, along with the President's reasons for the veto. If the House and the Senate still believe the bill should become a 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, also 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 will not become a law.

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