The Legislative Process: How A Bill Becomes Law

The process of a bill becoming a law in the United States involves several steps and can be influenced by members of Congress, citizens, and the President. A bill is a proposal for a new law or a change to an existing one, which can be drafted by a member of the Senate or House of Representatives, or proposed by citizens and advocacy groups. Once a bill is introduced, it is assigned to a committee for research, discussion, and potential changes. The bill then goes through a process of voting and further amendments in both chambers of Congress. If the bill passes in both chambers, it is presented to the President for approval. The President can approve and sign the bill into law, or veto it. However, Congress has the power to override a presidential veto with a two-thirds majority vote in both the Senate and the House, allowing the bill to become a law.

A bill is drafted

Any member of Congress – from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. Citizens with ideas for laws can contact their Representatives to discuss their ideas, and if the Representatives agree, they research the ideas and write them into bills. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

The bill is introduced

The bill-making process begins with the drafting of a bill, which can be done by any member of Congress—the Senate or the House of Representatives. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once the bill is drafted, it must be introduced.

The introduction of a bill depends on which member of Congress is the sponsor. 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 based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, typically the next number in sequence during that two-year Congress. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

After a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members interested 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 implications of the bill.

The bill goes to committee

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.

Committees will carefully examine the bill and determine its chances of passage by the entire Congress. 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. Supporters and opponents of a bill will testify at these hearings in an attempt to sway the committee members to their point of view. Testimony can come from the bill's sponsors, federal and public officials, representatives of special interest groups, and ordinary citizens who are affected by the problem the bill addresses. Committee chairs often use hearings and the accompanying media coverage to build support for, or increase opposition to, a bill.

Subcommittees are organized under committees and have further specialization on a particular topic. Committees may refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. Subcommittees report their findings to the full committee.

Finally, there is a vote by the full committee—the bill is "ordered to be reported". A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" that will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote.

The bill is voted on

Once a bill has been introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on. This is known as the 'floor consideration' process. Once a bill passes floor consideration in either the House or the Senate, it is then sent to the other chamber, where it will undergo the same committee, floor consideration, and voting process again.

The bill is then voted on by the full chamber. 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. 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.

In the US, the House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting. In Australia, the process is slightly different. The bill is first introduced and given its first reading, which is a formality with no vote taken. The Minister then moves that the bill be read a second time and makes a speech explaining the purpose, general principles, and effect of the bill. This is known as the 'second reading speech'. At the end of the speech, debate is usually adjourned to allow members time to study the bill and its effects before speaking and voting on it, and to provide the opportunity for public discussion and reaction. Urgent bills might be debated straight away.

After the second reading, any member may propose amendments to the text of a bill. Amendments will be debated during the consideration in detail stage. All bills must be debated and voted on in Parliament, and amendments must also be debated and voted on. Amendments can be introduced in either House and must be agreed upon by both. Disagreement with a bill is often indicated by voting against the motion for the second or third reading, which is taken to be a rejection of the bill.

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 for review and signature. The President has several options at this stage. If the President approves of the bill, they can sign it into law. In this case, the bill is then printed in the Statutes at Large and enforced by the government.

If the President opposes the bill, they can veto it and send it back to Congress, along with a note outlining their reasons for doing so. The bill then returns to the chamber where it originated, and Congress can attempt to override the veto by holding 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.

If the President takes no action on the bill for ten days and Congress is still in session, the bill will automatically become law. However, if Congress adjourns before the ten days are up and the President has not signed the bill, it will not become law. This is called a "pocket veto", and if Congress still wants to pass the legislation, they must start the entire process again.

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