The Legislative Process: How Bills Become Laws

The process of a bill becoming a law is a long and complex one, with many steps and requirements. In the US, 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 US 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, after which it is assigned to a committee. This committee will research, discuss, and make changes to the bill before voting on whether to send it back to the House floor. The bill will then be reported, debated, and voted on. If it passes, it will be referred to the other chamber, where it will go through a similar process. Once both bodies have voted to accept a bill, they must work out any differences between the two versions. The bill will then be presented to the President, who can approve it and sign it into law, or 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 will become a law.

The bill is drafted

The bill-drafting process is the first step in the law-making process. It involves transforming an idea for a new law or a change to an existing law into a formal bill. Any member of Congress, including Senators and Representatives, can draft a bill. These ideas can originate from the Congress members themselves or from everyday citizens and advocacy groups. When a Representative authors a bill, it is known as proposing the bill. The Representative then seeks support from fellow Representatives, aiming to find a sponsor who will introduce the bill in the House and co-sponsors who will lend their backing.

The process of drafting a bill involves careful research and writing to ensure the bill clearly articulates the desired law or change. Representatives may engage in discussions with citizens, experts, and other stakeholders to understand the issue and gather input. They may also collaborate with fellow Representatives, especially those with expertise or interest in the subject matter, to refine the bill's language and ensure it aligns with existing laws and legislative priorities.

Once a Representative has drafted a bill, it is ready to be introduced. In the U.S. House of Representatives, this introduction occurs when the bill is placed in the hopper, a designated box on the clerk's desk. Only Representatives are authorised to introduce bills in the House. A bill clerk assigns the bill a number starting with "H.R." to facilitate its identification and tracking. Subsequently, a reading clerk reads the bill aloud to all Representatives, ensuring transparency and allowing members to familiarise themselves with the proposed legislation.

After its introduction, the bill undergoes further scrutiny and debate. The Speaker of the House assigns the bill to one of the House standing committees, which comprise groups of Representatives with expertise in relevant areas such as agriculture, education, or international relations. These committees play a crucial role in reviewing, researching, and revising the bill before making a decision on whether to advance it to the next stage, which is the House floor.

If the committee members require additional information or expertise before making their decision, they may refer the bill to a subcommittee. Subcommittees delve deeper into the bill, examining it closely and gathering expert opinions before returning it to the committee for final approval. This back-and-forth between committees and subcommittees ensures that bills are thoroughly vetted and refined before progressing further in the legislative process.

The bill is introduced

The process of a bill becoming a law begins with an idea. These ideas 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 people or citizen groups. Once an idea for a bill has been established, it must be drafted. Any member of Congress can draft a bill, and the primary Congress member supporting the bill is called the "sponsor", with other supporting members known as "co-sponsors". Once the bill is drafted, it is ready to be introduced.

The process of introducing a bill differs slightly between the House of Representatives and 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 of Representatives. Once introduced, 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.

In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure.

The bill goes to committee

Once a bill is introduced, it is referred to a committee. Both the House and the Senate have committees composed of groups of Congress members with specific interests and expertise in different topics such as health, agriculture, education, or international affairs and relations. These committees carefully examine the bill, researching and discussing its implications, and determining its chances of passage by Congress.

Committees may hold hearings to better understand the bill's implications, putting the views of the executive branch, experts, other public officials, supporters, and opponents on the record. If a committee does not act on a bill, it is considered "dead". The committee may also choose to send the bill to a subcommittee for further study and hearings. Subcommittees are organised under committees and have further specialisation on a certain topic. The subcommittee may make changes to the bill and must vote to refer it back to the committee.

Once hearings and subcommittee reviews are completed, the committee will meet to "mark up" the bill. They make changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill may write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

The bill is voted on

Once a bill has been introduced, assigned to a committee, and debated, it 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 to 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 process is similar in the Senate, with Senators voting by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of the Senators say "yea," the bill passes in the U.S. Senate and is ready to go to the President.

The bill is sent to the president

Once a bill has been approved by both the House and the Senate, it is sent to the President. The President has three options:

• Sign and pass the bill, which becomes a law.
• Refuse to sign or veto the bill, sending it back to the House with reasons for the veto. If the House and the Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
• Do nothing, which is known as a "pocket veto". If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.

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