The Journey Of A Bill To Law Explained

The process of a bill becoming a law is a lengthy one, with many steps to pass through before it can be enforced by the government. In the US, all laws begin as bills, which are proposals for a new law or a change to an existing one. These ideas can come from a member of the Senate or House of Representatives, or even from citizens and advocacy groups. Once a bill is drafted, it must be introduced and then referred to a committee. This committee will review, research, and revise the bill, and may hold hearings to better understand its implications. If the bill passes this stage, it will be voted on by the full chamber, and if passed, referred to the other chamber, where the process repeats. If both chambers approve the bill, they must then reconcile any differences, before presenting it to the President, who can approve or veto it. If the President chooses to veto, Congress may attempt to override the veto, and if two-thirds of both the Senate and House pass the bill, it becomes a law.

Drafting, sponsoring and introducing a bill

Drafting a Bill

Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. The bill should include:

• A strong title that catches people's attention and generates interest.
• An introduction that states the purpose of the bill.
• A section that identifies the individuals for whom the bill is intended or not intended.
• Definitions of any terms that may have a particular meaning.
• The rules and other provisions that form the heart of the bill.
• The bill's effective date.
• Details on funding.

Sponsoring a Bill

The primary Congress member supporting the bill is called the "sponsor". The sponsor is usually a legislator who presents a bill or resolution to a legislature for consideration. The sponsor is the first member of the House or Senate to be listed among the potentially numerous lawmakers who introduce a bill for consideration. Committees are occasionally identified as sponsors of legislation as well.

The other members who support the bill are called "co-sponsors" or "copatrons". A "cosponsor" is a senator or representative who adds their name as a supporter of the bill. An "initial cosponsor" or "original cosponsor" is a senator or representative who was listed as a cosponsor at the time of a bill's introduction. A cosponsor added later is known as an "additional cosponsor". An unlimited number of cosponsors of a bill is permitted.

Introducing a Bill

Once the 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 House, a bill is introduced when it is dropped in the hopper (a wooden box on the House floor). In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation and a number.

Committee and subcommittee review

Once a bill is introduced, it is referred to a committee or subcommittee for review, editing, and analysis. This is a crucial step in the legislative process, as it allows for further examination, research, and revisions to be made before the bill is voted on.

Committees are groups of Congress members or Representatives who specialise in specific topics such as health, agriculture, education, or international affairs. They are responsible for reviewing and studying the bill, ensuring that it is thoroughly examined before proceeding further. The committee may hold hearings to gather testimony and opinions from experts, citizens, and other interested parties, helping them to assess the need for and implications of the proposed legislation. These hearings also provide an opportunity for the committee to better understand the strengths and weaknesses of the bill and spotlight it to colleagues, the public, and the press.

Subcommittees, on the other hand, are specialised subsets of committees, focusing on specific elements of the policy area. They work under the committees and often study and review bills in greater detail. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

The review process involves analysing committee prints, which are documents covering a wide range of topics, including research materials, statistical data, legislative analyses, staff reports, investigative findings, and background information. While not always produced by legislators, they can be informative in understanding the bill's context.

After reviewing the bill, hearing testimonies (if applicable), and considering relevant committee prints, the committee or subcommittee members often draft a report. These reports are valuable in understanding legislative intent, as they outline the bill's purpose, provide a detailed analysis, explain the committee's rationale, and record any dissenting views.

The committee review process ensures that bills are thoroughly vetted and assessed before proceeding to the next stages of the legislative process. It provides an opportunity for experts and citizens to provide input, and for the committee to make necessary revisions and amendments. This step is crucial in shaping the final version of the bill and determining its chances of becoming a law.

Amendments and approval by both chambers

Once a bill has passed in one chamber of Congress, it is referred to the other chamber, where it will go through a similar process of research, discussion, changes, and voting. This chamber may approve the bill as received, reject it, ignore it, or change it. Amendments are a common feature of this stage, with both the House and the Senate able to amend the bill.

In the House, the Rules Committee will usually review the bill before it reaches the floor. The Rules Committee will adopt rules that will govern the procedures under which the bill will be considered by the House. A "closed rule", for example, sets strict time limits on debate and forbids the introduction of amendments. The Rules Committee can be bypassed in three ways: members can move rules to be suspended (requiring a two-thirds vote), a discharge petition can be filed, or the House can use a Calendar Wednesday procedure.

In the Senate, debate is unlimited unless cloture is invoked. Senators can speak for as long as they want and are not restricted to germane amendments—riders are often offered. Entire bills can therefore be offered as amendments to other bills. Senators can use a filibuster to defeat a measure by "talking it to death". Amendments and approval by both chambers are crucial steps in the process of a bill becoming a law.

If the House and Senate pass the same bill, it is sent to the President. If they pass different bills, they form a Conference Committee to resolve the differences. The Conference Committee is made up of senior members from each house, appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber for approval.

Presidential approval or veto

Once a bill has been approved by both the House of Representatives and the Senate, it is sent to the President. The President then has three options: they can sign and pass the bill, in which case it becomes 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, in which case, if Congress is in session, the bill will automatically become law after 10 days, but if Congress is not in session, the bill will not become a law. This last option is known as a 'pocket veto'.

If the President chooses to veto a bill, Congress can usually vote to override the veto, and if two-thirds of the Representatives and Senators support the bill, it will become a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be pocket vetoed by default, and this cannot be overridden.

The President's approval of a bill is therefore a crucial, but not final, step in the process of a bill becoming a law. The President has the power to veto a bill, but this can be overridden by Congress, and their inaction can also lead to a bill becoming a law.

Overriding a veto

If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.

The two-thirds vote of each Chamber required to pass a bill over a veto refers to two-thirds of a quorum. While the President may exercise the veto power to prevent a bill from becoming law, once a bill becomes law, the President has no authority to repeal it.

Frequently asked questions