Gavin Howe
A bill is a proposal for a new law or a change to an existing law. The process of turning a bill into a law involves many steps and people. Ideas for bills can come from anyone, including members of the public, advocacy groups, or sitting members of the Senate or House of Representatives. Once a bill has been drafted, it is introduced and assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. If the bill is approved, it is sent to the President, who can choose to sign it into law or veto it. If the President vetoes the bill, Congress may attempt to override the veto by holding another vote. If the bill passes this second vote, it becomes a law.
| Characteristics | Values |
|---|---|
| Who can write a bill? | Any member of Congress (from the Senate or the House of Representatives), or everyday citizens and advocacy groups |
| Who introduces the bill? | The Senator or Senators who introduce the bill are known as "sponsors" and are the primary champions of the legislation. Other Senators who want to express strong support for the bill can sign on as "co-sponsors" |
| Where is the bill introduced? | If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. |
| What happens after introduction? | The bill is assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before that chamber to be voted on. |
| What happens after the committee stage? | The bill is passed or defeated by the members voting. If passed, the bill is sent to the President. |
| What happens if the President approves? | The bill becomes a law. |
| What happens if the President does not approve? | The President may veto the bill. Congress may attempt to override the veto by a two-thirds majority vote in both the Senate and the House. If they succeed, the bill becomes a law. |
| What is the process for creating the bill? | The Office of the Legislative Counsel of the U.S. House of Representatives provides a template for organizing the content and provisions of the bill. Sections are the basic unit of organization, with each section containing a single proposition of enactment. |
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What You'll Learn
The bill-writing process
When drafting a bill, it is essential to consider its structure and content. The Office of the Legislative Counsel of the U.S. House of Representatives provides a template to guide the organisation of provisions within a bill. This template includes sections for the main message, exceptions, special rules, transitional rules, definitions, and effective date, among others. The terminology within each section should be standardised to avoid confusion.
Once the bill is drafted, it is sent to the Legislative Counsel's Office for review. The drafted bill is then returned to the legislator and the individuals or groups who proposed the idea for feedback and approval. If the author is a Senator, the bill is introduced at the Senate Desk; otherwise, it is introduced at the Assembly Desk, where it is assigned a number and read for the first time. The bill is then assigned to a policy committee, and its progress can be tracked through the Daily File, which outlines the agenda for committee hearings.
Before a bill is heard in a policy committee, there is an opportunity for individuals and groups to investigate it and communicate their positions. Committees may hold hearings to gather input from various stakeholders, including the executive branch, experts, public officials, supporters, and opponents of the legislation. Subcommittees may also be involved, making changes and amendments before referring the bill back to the full committee. Committees play a crucial role in shaping the bill's chances of passage by Congress.
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How to format a bill
Anyone can write a bill proposing legislation, but it requires a great deal of research, dedication and effort. You will need to generate public support and get a Congressional representative to accept the bill and introduce it to Congress.
When writing a bill, it is important to understand the needs of your local constituents and select a topic that generates strong local concern. You will need to gather data about the topic and research the problem as you see it. It is also important to investigate possible solutions and the costs associated with them.
The section of the bill that provides the requirements should be clear and concise to avoid confusion or misunderstanding. The length and organisation of this section will depend on the complexity of the issue. A simple bill may be as brief as one sentence, while a more complex bill may need to be broken into sections and subsections. Each main requirement should be written as a separate section and introduced with labels such as "Section One," "Section Two," etc.
The terminology used within a section should be standardised to avoid confusion. In larger bills, sections may be organised into higher-level units. The bill should also include an effective date, as many laws do not become immediately effective upon being signed.
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The enactment clause
An enacting clause is a short phrase that introduces the main provisions of a law enacted by a legislature. It is also known as an enacting formula or enacting words. It usually declares the source from which the law derives its authority. In many countries, an enacting formula is not considered necessary and is simply omitted. When required, a common tactic by a bill's opponent is to motion to "strike the enacting clause", which would make the law unenforceable.
The enacting clause of all Acts of Congress in the United States shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." The resolving clause of all joint resolutions shall follow this form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled." No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first. Each section shall be numbered and shall contain, as closely as possible, a single proposition of enactment.
In Brazil, the enacting clause after a bill has passed both Houses of Congress is "The National Congress decrees:". If the President approves the bill, the enacting clause is replaced with "THE PRESIDENT OF THE REPUBLIC: I make it known that the National Congress decrees and I sanction the following Law:". In Argentina, the enacting clause is: "The Senate and House of Deputies of the Argentine Nation, in Congress assembled, ... enact or approve with the force of law." In French, the enacting clause is: "Sa Majesté, sur l'avis et avec le consentement du Sénat et de la Chambre des communes du Canada, édicte :".
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Amendments and changes to existing laws
A bill is a proposal for a new law or a change to an existing law. The process of amending or changing an existing law is similar to the process of creating a new law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed by everyday citizens and advocacy groups during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is 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. If a Representative is the sponsor, the bill is introduced in the House, and 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. As soon as a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with particular interests in different topics such as health or international affairs.
When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the bill's implications. 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". Subcommittees are organized under committees and have further specialization on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.
When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. After both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves the legislation, it is signed and becomes law.
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The process of a bill becoming a law
Idea Submission and Drafting:
The process begins with an idea for a bill, which can come from a member of the Senate or House of Representatives or be proposed by citizens or advocacy groups. The idea is submitted to the appropriate legislative body, where a member drafts the bill with support from co-sponsors.
Once introduced, the bill is assigned a legislative number and referred to a relevant committee. Committees are composed of groups of legislators interested in specific topics. The committee examines the bill, holds discussions, and may request reports, hold hearings, or seek public input to understand its implications.
Subcommittee Review and Amendments:
Committees often refer bills to subcommittees for further specialization. Subcommittees can hold hearings, seek expert testimony, and make changes or amendments to the bill. The subcommittee then votes to refer the bill back to the full committee.
Committee Vote and Floor Debate:
After the subcommittee review, the full committee meets to discuss and make additional amendments before recommending the bill to the "floor." If the committee votes in favour of the bill, it proceeds to the full chamber for further debate and approval. Members can propose amendments, add text, or make changes.
Chamber Vote and Presidential Consideration:
The bill is then put before the chamber for a vote. If the bill is approved by both chambers of Congress (the House and the Senate), it is sent to the President for consideration. The President can approve and sign the bill into law or choose to veto it.
Veto and Override:
If the President vetoes the bill, it may be returned to Congress for reconsideration. Congress can attempt to override the veto, and if both chambers pass the bill with a two-thirds majority, the bill becomes a law without the President's signature. In some cases, if the President takes no action on the bill for a specified number of days, it can automatically become law or be subject to a ""pocket veto" if Congress is no longer in session.
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Frequently asked questions
The process of turning a bill into a law involves many steps and people. 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. Once a bill is drafted, it is introduced and assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes, it is sent to the President, who can choose to sign it into law or veto it. If the President vetoes the bill, Congress may attempt to override the veto by a two-thirds majority vote in both the Senate and the House.
Committees play a crucial role in shaping a bill before it reaches the floor for a vote. Both the House and the Senate have various committees composed of groups of Congress members interested in different topics. Committees review bills, determine their chances of passage, and may hold hearings to understand the implications of the bill by hearing from experts, public officials, supporters, and opponents. Committees may also refer bills to subcommittees for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once the hearings and subcommittee review are completed, the committee will make changes and amendments before recommending the bill to the "floor".
If the House and Senate versions of a bill differ, a special conference committee made up of members from both chambers will work together to reach a consensus on the different provisions. Once the differences are resolved, each chamber must vote again to approve the final bill text.
