The Legislative Process: How A Bill Becomes Law

The process of a bill becoming a law in the United States involves several steps and the participation of both chambers of Congress and the President. The journey of a bill to become a law begins with an idea, which can come from a Representative or a citizen. A bill is a proposal for a new law or a change to an existing one, and it must be introduced and sponsored by a member of Congress. Once introduced, the bill goes through various stages of review, discussion, and voting in both the House of Representatives and the Senate before reaching the President for approval or veto.

A bill is proposed and introduced

Any member of Congress can propose a bill, which is a proposal 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 written, it needs a sponsor. The Representative then talks with other Representatives to get their support. Once a bill has a sponsor and some support, 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, 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, a member 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. HR 1 or S 1) and sent to the Government Printing Office (GPO) to be copied.

The bill is assigned to a 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 is usually made up of groups of representatives or senators who are experts on the bill's topic, such as agriculture, education, or international relations. The committee will carefully examine the bill and determine its chances of passage by Congress.

The committee chair decides whether there will be a hearing on the bill, which is an opportunity for witnesses to provide testimony. The committee may also choose to hold hearings to better understand the bill's implications by putting the views of the executive branch, experts, other public officials, supporters, and opponents of the bill on the record. Hearings are especially important for controversial bills. If the committee does not act on a bill, it is considered "dead".

If the committee decides to hold a hearing, the bill is sent to a subcommittee. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval. The subcommittee may also 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, making changes and amendments before recommending it to the "floor". The committee will vote on whether to report the bill to the full chamber of Congress. If the committee votes against reporting the bill, it dies. If they vote in favour of the bill, it is reported to the floor.

The committee staff will then prepare a written report explaining why they favour the bill and why they wish to see their amendments adopted. Committee members who oppose the bill may write a dissenting opinion, which will also be included in the report. The report is then sent back to the full chamber of Congress and is placed on the calendar.

The bill is reviewed by a subcommittee

The subcommittee is a group of experts on the topic of the bill. They closely examine the bill and gather expert opinions before sending it back to the committee. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

The subcommittee hearing is a critical step in the legislative process, as it allows for a more detailed analysis of the bill and ensures that all relevant stakeholders have the opportunity to provide input. During the hearing, the subcommittee members will ask questions about the bill, discuss its potential impact, and consider any amendments that may be necessary.

Once the subcommittee has completed its review, it will vote on whether to approve the bill and send it back to the full committee. If the subcommittee approves the bill, it will move forward in the legislative process. If the subcommittee rejects the bill, it may be sent back for further revisions or amendments.

The subcommittee hearing is an important step in ensuring that the bill is thoroughly vetted and that all relevant perspectives are considered before it moves forward in the legislative process. It provides an opportunity for experts and stakeholders to provide input and help shape the final version of the bill.

The bill is marked up and reported

The bill markup is a session during which the committee makes revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes 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 committee chair will move to vote the bill out of the committee. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". If the committee votes against the bill, it dies.

After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, 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.

In the House, most bills go to the Rules Committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.

The Rules Committee can be bypassed in three ways:

• Members can move rules to be suspended (requires a two-thirds vote)
• A discharge petition can be filed
• The House can use a Calendar Wednesday procedure

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

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 vote "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.

In the U.S. Senate, Senators vote by voice. Those who support the bill say "yea", and those who oppose it say "nay." If a majority of Senators say "yea", the bill passes in the U.S. Senate and is ready to go to the President.

If a bill has passed in both the U.S. House of Representatives and the U.S. Senate, it is sent to the President.

Frequently asked questions