Understanding The Process: Bills To Laws

The process of turning a bill into a law is a long and complex one, with many steps and potential setbacks. In the United States, 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 advocacy groups. Once a bill is drafted, it must be introduced, either in the House or the Senate, depending on the sponsor. From there, the bill goes through several stages of review, research, discussion, and revision by committees and subcommittees before being voted on. If the bill passes in one chamber of Congress, it goes through a similar process in the other chamber. Once both chambers have voted to accept a bill, they must work out any differences between the two versions and vote again. Finally, the bill is presented to the President, who can approve it and sign it into law or refuse to approve it, which is called a veto. If the President vetoes a bill, Congress may attempt to override the veto with a two-thirds majority vote.

A bill is drafted by a member of Congress

The process of a bill becoming a law begins with its proposal by a member of Congress. 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. If the member of Congress agrees with the idea, they will research it and write it into a bill.

Once a bill has been drafted, it needs a sponsor. The member of Congress will then discuss the bill with other members of Congress, in the hopes of garnering their support. A bill's sponsor is the primary member of Congress supporting it, and any other members of Congress who support the bill are called "co-sponsors". Once a bill has a sponsor and the support of some other members of Congress, 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 members of the House of Representatives can introduce bills. When a bill is introduced, a bill clerk will assign it a number that begins with "H.R.", and a reading clerk will then read the bill to all the members of the House of Representatives. The Speaker of the House will then send the bill to one of the House's standing committees.

The bill is introduced

Once a bill has been drafted, it must be introduced. The process of introducing a bill differs slightly between the House of Representatives and the Senate.

House of Representatives

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. Only Representatives can introduce bills in the House of Representatives. Once a bill has been 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.

Senate

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 goes to committee

Once a bill has been introduced, it is sent to a committee. Committees are groups of representatives who are experts on a particular topic, such as agriculture, education, or international relations. They carefully examine the bill, determining its chances of passage by Congress. Committees may also hold hearings to better understand the implications of the bill by hearing the views of the executive branch, experts, public officials, supporters, and opponents of the bill. If the committee does not act on a bill, it is considered "dead".

Committees can refer bills to a subcommittee for further study and hearings. Subcommittees can make changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee review are complete, the committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If they vote in favour of it, it is reported to the floor.

Committees are perhaps the most important phase of the legislative process. They provide the most intensive consideration of a proposed bill and are the forum where the public is given the opportunity to be heard.

The bill is voted on

Voting on the Bill

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.

Voting Methods

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).

Voting Outcome

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.

Referral to the Senate

When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be 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 and is ready to go to the President.

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. The President has three options:

Sign and pass the bill

The President can approve the bill, in which case it becomes a law.

Refuse to sign, or veto, the bill

The President can veto the bill, in which case it is 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 (pocket veto)

If the President does nothing and Congress is in session, the bill automatically becomes law after 10 days. However, if Congress is not in session, the bill does not become law. This is known as a pocket veto and cannot be overridden by Congress.

Frequently asked questions