The Legislative Process: How Bills Become Laws

In the United States, laws are made by the Congress, which consists of the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing one. The process of a bill becoming a law involves several steps, including drafting, introduction, committee review, voting, and approval by the House, Senate, and President. The bill can be proposed by a member of Congress or a citizen, and it undergoes research, discussion, and potential changes before being voted on. If the bill passes in both chambers of Congress, it is presented to the President for approval. The President can sign the bill into law or veto it, in which case Congress can attempt to override the veto with a two-thirds majority vote in both chambers. Understanding the legislative process is crucial for comprehending how a bill becomes a law in the United States.

A bill is proposed by a representative or citizen

The process of a bill becoming a law begins with a bill being proposed by a representative or citizen. 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 who recommend a new or amended law to a member of Congress that represents them.

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. When a Representative has written a bill, the bill needs a sponsor. The Representative talks with other Representatives about the bill in hopes of getting their support for it. 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 assigned 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.

The bill is introduced

The bill is first considered by a subcommittee, where it may be accepted, amended, or rejected. If the subcommittee agrees to move the bill forward, it is reported to the full committee, where the process is repeated. The committees and subcommittees call hearings to investigate the merits and flaws of the bill, inviting experts, advocates, opponents, and compelling people to appear if necessary.

If the full committee approves the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away, while others may wait for months or never be scheduled at all.

The bill is assigned to a committee

Once a bill has been introduced, it is assigned to a committee. Committees are groups of representatives who are experts on topics such as agriculture, education, or international relations. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone and may change with each new Congress to efficiently consider legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade.

A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, it is considered "dead".

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited. Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill—and by extension, its passage—by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cessation of debate on the bill, and forcing a vote.

The bill is voted on

Once a bill has been introduced, assigned to a committee, and debated, it is ready to be voted on. In the U.S. House of Representatives, there are three methods for voting on a bill:

• 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.

In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Senators vote by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of the Senators say "yea," the bill passes in the U.S. Senate.

Finally, a conference committee made of House and Senate members works out any differences between the House and Senate versions of the bill. The resulting bill returns to the House and Senate for final approval.

The bill is sent to the president

Once a bill has been approved by both the House of Representatives and the Senate, it is sent to the President for consideration. The President has several options at this stage.

Firstly, the President can choose to sign and pass the bill, at which point it becomes a law. Secondly, the President can veto the bill, sending it back to the House of Representatives with their reasons for the veto. If this happens, the House of Representatives and the Senate can hold another vote on the bill, and if two-thirds of the Representatives and Senators support it, the President's veto is overridden and the bill becomes a law. Thirdly, the President can 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 a law.

It is important to note that for a bill to be sent to the President, it must pass through several stages. The process begins with the introduction of the bill to Congress, where it is then referred to a committee for review. After being studied and potentially amended, the bill is put on a calendar to be voted on, debated, or amended further. If the bill passes by a simple majority, it moves to the Senate, where the process is repeated. A conference committee, made up of members from both the House and the Senate, then works to reconcile any differences between the two versions of the bill. The resulting bill is then returned to the House and Senate for final approval before being sent to the President.

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