The Legislative Process: Bill To Law Explained

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 citizen groups. 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 the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.

Drafting and proposing a bill

Step 1: Identify the Need or Problem

The first step in drafting a bill is to identify a need for change or a problem that requires a legislative solution. This could be a gap in existing laws, a social issue, or a new policy initiative. It's important to conduct thorough research and consult with stakeholders to understand the issue comprehensively.

Step 2: Research and Consultation

Before putting pen to paper, it's crucial to conduct extensive research and engage with relevant stakeholders. This includes gathering input from experts, community members, and advocacy groups who have a stake in the issue. Their insights will help shape the bill and ensure it addresses the identified need effectively.

Step 3: Drafting the Bill

The actual drafting of the bill involves translating the policy objectives into legal language. This requires a keen understanding of legislative drafting techniques and the ability to write clearly and concisely. The bill should outline the proposed law, any changes to existing laws, and the rationale behind it.

Step 4: Identifying Sponsors and Co-Sponsors

A bill's sponsor is the primary member of Congress who supports and introduces the bill. They are usually the one who had the idea for the bill or represents the district where the issue is most pertinent. Co-sponsors are other members of Congress who also support the bill. Gaining sponsors and co-sponsors is crucial, as it demonstrates broad support for the bill and increases its chances of success.

Step 5: Introduction and Referral to Committee

Once the bill is drafted and introduced in the House or Senate, depending on the sponsor's chamber, it is referred to a committee. These committees are groups of Congress members with expertise or interest in specific topics. They carefully examine the bill, hold hearings, and determine its chances of passage.

Step 6: Subcommittee Review and Amendments

Committees often refer bills to subcommittees for further specialised study and hearings. The subcommittee may suggest changes and amendments to the bill before voting to refer it back to the full committee. This step allows for a more detailed review of the bill and ensures that all aspects are thoroughly considered.

By following these steps, policymakers can effectively draft and propose a bill that has a strong foundation, broad support, and a higher likelihood of becoming a law. It is important to remember that the legislative process can be lengthy and complex, and not all bills make it through to the end.

Introducing the bill

The first step in the legislative process is the introduction of a bill. 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 must be 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.

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 House. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. The bill is then read by a reading clerk to all the Representatives, after which the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any Senator objects, the introduction is postponed until the following day. The bill is then assigned a number (e.g. S 1) and sent to the Government Printing Office (GPO) to be copied. Senate bills can be jointly sponsored, and members can cosponsor the legislation.

Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

The Sponsor and Cosponsors

The primary Congress member supporting the bill is called the "sponsor". Other members who support the bill are called "co-sponsors". The sponsor and co-sponsors play an important role in the introduction and passage of the bill. They work to gain support for the bill from their colleagues and guide it through the legislative process.

The Committee Process

After introduction, the bill is referred to a committee. Both the House and Senate have various committees composed of members with expertise in different areas, such as agriculture, education, or international relations. The Speaker of the House or the presiding officer in the Senate typically decides which committee will review the bill. Bills may be referred to more than one committee and can be split so that different parts are sent to different committees.

The committee carefully examines the bill and assesses its chances of passage. They may hold hearings to understand the implications of the bill and gather input from experts, public officials, and supporters and opponents of the legislation. If the committee does not act on a bill, it is considered "dead".

Subcommittee Review

The committee may refer the bill to a subcommittee for further study and hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee. Subcommittees often have a narrower focus than the main committees, allowing for a more detailed examination of the bill.

Mark-Up and Amendments

Once the hearings and subcommittee review are complete, the committee meets to "mark up" the bill. They make changes and amendments before recommending it to the "floor". This is an important step in refining the bill and ensuring it is ready for a vote.

Committee and subcommittee review

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Congress members with a particular interest in the bill's topic, such as health or international affairs. The committee may hold hearings to better understand the bill's implications and gather expert opinions. If the committee does not act on a bill, it is considered "dead".

If the committee requires more information before deciding on the bill, it is sent to a subcommittee. Subcommittees have further specialisation on a certain topic and often hold their own hearings. They may make changes to the bill and must vote to refer it back to the full committee.

Once the subcommittee review is complete, the committee will meet to "mark up" the bill. They will make changes and amendments before recommending the bill to the "floor". If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Voting on the bill

Once a bill has been drafted and introduced by a member of the U.S. Senate or House of Representatives, it must be assigned to a committee. The committee will research, discuss, and make changes to the bill, and may hold hearings to better understand its implications. The bill is then sent to a subcommittee for further review and potential amendments. After this, the committee will meet to “mark up” the bill, making any final changes or amendments before recommending it to the "floor".

Once the bill reaches the floor, there is a period of debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.

Once both bodies have voted to accept a bill, they must work out any discrepancies between the two versions. Then, both chambers vote on the same version of the bill. If it passes this vote, it is presented to the president.

The president then has the option to approve the bill and sign it into law or to veto it. If the president chooses to veto the bill, Congress may vote to override the veto, and if both the Senate and the House pass the bill by a two-thirds majority, it becomes a law. However, if the president does not sign off on the bill and Congress is no longer in session, the bill will be vetoed by default, in what is called a "pocket veto". This cannot be overridden by Congress.

Presidential approval

Once a bill has been passed by both the House of Representatives and the Senate, it must be presented to the President of the United States for approval or veto. The President has three options: they can sign and pass the bill, making it a law; they can veto the bill, sending it back to the House of Representatives with their reasons for the veto; or they can do nothing, which is called a "pocket veto".

If the President chooses to sign the bill, it becomes a law. The Presentment Clause, or Article I, Section 7, Clause 2, states that the President must sign the bill, but they do not need to write "approved" or the date of approval on the bill. The President has ten days (excluding Sundays) to sign the bill while Congress is in session. If the President does not sign the bill within this time frame, and Congress remains in session, the bill will automatically become law. However, if Congress is not in session, the bill will not become law.

If the President chooses to veto the bill, it will be sent back to the House of Representatives, along with the President's reasons for the veto. If the House of Representatives and the Senate still believe the bill should become a law, they can hold another vote. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden, and the bill becomes a law.

A pocket veto occurs when the President does not sign off on a bill, and it remains unsigned when Congress is no longer in session. In this case, the bill will be vetoed by default, and Congress cannot override this veto.

Frequently asked questions