The Bill's Journey: Becoming Law

In the United States, the federal legislative powers—the ability to consider bills and enact laws—reside with Congress, which is made up of the US Senate and the House of Representatives. All laws in the United States begin as bills, and there are several steps a bill must go through before becoming a law.

A bill is drafted

Any member of the House of Representatives or the Senate can draft a bill. In the House of Representatives, a Representative will talk with other Representatives about the bill in the hopes of getting their support. Once a bill has a sponsor and the support of some of the 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, it is given a number: "H.R." signifies a House bill, and "S." signifies a Senate bill.

The bill is introduced

In the U.S., any member of Congress can introduce a bill, but only Representatives can introduce them in the House of Representatives. The person or people who introduce a bill are the sponsors, and any member of the same body (House or Senate) can add their name as a co-sponsor after the day of introduction. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

In the 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. The House clerk assigns a legislative number for bills introduced in the House of Representatives (e.g., H.R. 1001). 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, 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 of the bill is postponed until the next day. The Senate clerk assigns a legislative number for bills introduced in the Senate (e.g., S. 1002).

The bill goes to committee

Once a bill has been introduced, it is referred to a committee. Both the House and the Senate have committees composed of groups of Congress members who are experts on specific topics, such as agriculture, health, education, or international affairs/relations. The Speaker of the House or the presiding officer in the Senate usually makes the referral decision, although the House or Senate parliamentarian often makes it in practice.

Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. If a committee fails to act on a bill, it is considered to be "dead".

The committee chair determines whether there will be a hearing on the bill, which is an opportunity for witnesses to provide testimony. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. The committee may also choose to hold a "markup" session, where they will make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill", which will include the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.

Subcommittees are organised under committees and have further specialisation on a certain topic. Committees may refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. The subcommittee will then report its findings to the full committee.

Once the hearings and subcommittee review are completed, the committee will meet to vote on whether to report legislation to the full chamber of Congress. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". The committee staff will then write a report on the bill, describing the intent of the legislation, its legislative history, the impact on existing laws and programs, and the position of the majority of committee members. The committee members will then review, research, and revise the bill before voting on whether to send it back to the House floor.

The bill is voted on

Once a bill has been proposed, introduced, and reviewed by a committee, it 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 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 Representatives vote yes, the bill passes in the U.S. House of Representatives. It is then certified by the Clerk of the House and delivered to the U.S. Senate.

In the Senate, a simple majority (51 out of 100) is needed for a bill to pass. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If the bill passes in the Senate, it is then sent to the President.

The 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 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 the House of Representatives 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 automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.

If a bill has passed in both the House and the Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

Frequently asked questions