How Laws Are Made: Understanding The Legislative Process

The process of a bill becoming a law is a long and complex one, and there are several statements about this process that are true. For example, it is true that a bill must be approved by the U.S. House of Representatives, the U.S. Senate, and the President before it can become a law. It is also true that the President has the power to veto a bill, but that this can be overridden by a two-thirds majority vote in both the House and the Senate.

A bill is proposed by a member of the House of Representatives or the Senate

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. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. It is then read by a reading clerk 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 usually introduces a bill by presenting it 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 bill.

The bill is then assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) and copies are made.

The bill is introduced to the House of Representatives or the Senate

The process of a bill becoming a law begins with the introduction of the bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. Once a bill is introduced, it is assigned to a committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are subject to change with each new Congress and are designed to efficiently consider legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialised policy areas.

When a bill is introduced to the House of Representatives, 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. The committees are groups of Representatives who are experts on topics such as agriculture, education, or international relations.

The committee members review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval. If the bill passes by a simple majority (218 out of 435), it moves to the Senate.

In the Senate, the bill goes through a similar process. It is assigned to a committee and, if released, debated and voted on. Again, a simple majority (51 out of 100) passes the bill.

The bill is sent to a committee

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 members are groups of representatives who are experts on topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor.

If the committee members would like more information before deciding, the bill is sent to a subcommittee. In the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

The committee will hold a "mark-up" session during which it will make revisions and additions. 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.

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. Failure to act on a bill is equivalent to killing it.

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 bill is debated and voted on

Once a bill has been proposed, introduced, and gone through the committee stage, it is ready to be debated and voted on. This is the stage where Representatives discuss the bill and explain why they agree or disagree with it. A reading clerk then 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 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.

The bill is sent to the President

Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review. The President has several options:

Sign and pass the bill

If the President agrees with the bill, they can sign it into law. The bill is then printed in the Statutes at Large.

Refuse to sign, or veto, the bill

If the President disagrees with the bill, they can veto it and send it back to Congress with a note listing their reasons. Congress can then override the veto with a two-thirds vote in each chamber, and the bill becomes law.

Do nothing (pocket veto)

If the President does nothing and Congress is not in session, the bill will be vetoed by default. This is known as a pocket veto and cannot be overridden by Congress. However, if Congress is in session and the President takes no action within 10 days, the bill will automatically become law.

Frequently asked questions