How a Bill Becomes Law

How a Bill Becomes Law
September 2, 2005

With the Labor Day holiday behind us and the long days of summer drawing to a close, students have returned to classrooms. Throughout the school-year many school groups visit my office in Washington, D.C. Speaking with students is one of the most enjoyable aspects of my responsibilities as your representative in Washington.

Weather permitting, the school groups will sit on the steps of the Capitol and I will talk to students about what a Congressman/women does and how a bill becomes law. The legislative process is often misunderstood and something most adults may not have thought about since their high school civics class.

Any Member of Congress can introduce a bill in their respective chamber. In the House the process starts when a Member fills out and signs a form available from the Clerk of the House. All of the original sponsors of the bill also sign it. The sponsor then drops the form in a wooden box called the hopper; thus, the phrase "dropping the bill," which means introducing the bill. Typically, the sponsor will make a speech on the House floor announcing the introduction of their legislation. In the Senate, the Senator simply presents their bill to the clerk at the presiding officer's desk.

Once the bill has been presented to the Clerk of the House or the bill clerk in the Senate, it receives a formal title, a short title and is assigned a specific number. For example, how many would recognize the bill with the title "Provide Appropriate Tools Required to Intercept and Obstruct Terrorism"? That's the formal title for a bill you would be more familiar with by its short title, the Patriot Act. Sometimes bills are known by the authors' names, such as the McCain-Feingold Act (for campaign finance reform).

The number a bill receives is often significant. Lower numbered bills are often reserved for key pieces of legislation. The first bill in a session is often reserved for one of the president's priorities. For example, in the 107th Congress H.R. 1 was the No Child Left Behind Act. In the 108th Congress H.R. 1 was the Medicare Prescription Drug, Improvement, and Modernization Act.

The Member who introduces the bill is the sponsor. All Members who sign the original bill when it is introduced are also counted as sponsors. After being introduced, other Members can become co-sponsors.

After a bill has been introduced in the House it is referred to a Committee. Sometimes a bill is referred to more than one Committee. The Committee Chairperson assigns the bill to an appropriate Subcommittee, which may conduct hearings to collect facts and information. After hearings the Subcommittee or Committee may or may not decide to make changes, known as a "mark up."

After the mark-up the bill returns to the full Committee for a vote. They can recommend the entire chamber pass the bill, known as "reporting out favorably." They can also report out without a recommendation. For example, the Senate recently reported out the nomination of John Bolton for United Nations Ambassador, but did not make a recommendation. Of course, the Committee can also kill any bill altogether, which prevents it from reaching the full House or Senate.

If the bill makes it out of Committee it goes to the House Rules Committee and then the House floor for debate and a final vote. The Rules Committee determines how the bill will be debated on the floor, how much time will be allotted for debate, and how many amendments will be allowed. In the Senate, the bill goes straight from Committee to the floor.

Assuming the bill is passed by both the House and Senate, it is sent to a House-Senate Conference where Members of both Chambers reconcile the differences between the two versions of the bill. The reconciled version is then returned to both Chambers and is known as the Conference Report. A bill must be passed by both Chambers of Congress before it can become law. If both Chambers pass the Conference Report the bill goes on to the president who can sign it into law or veto it. Congress can override the president's veto if both Chambers agree to the bill by a two-thirds margin.

Finally, a bill can be challenged on constitutional grounds and eventually a case can be brought before the Supreme Court where the law could be deemed unconstitutional. The students I speak to are usually sitting on the Capitol steps, facing the Supreme Court building as I address them.

The process of making laws is a long and arduous one. The founding fathers purposely made the process one that required a thoughtful and deliberative process. However, it is one that has served our nation well for over 225 years.

http://www.house.gov/miketurner/news/columns/9.01.05.shtml