The process of a bill becoming a law is a complex one, with multiple stages at which the bill may be altered or even killed. The journey begins with the drafting of the bill, which can be done by anyone, but it is only a member of Congress who can introduce it and become its sponsor. The bill is then assigned to a committee, which examines it and determines its chances of passage. If the committee takes no action, the bill is effectively dead. If it passes this stage, the bill goes to a subcommittee for further review and hearings, before being sent back to the full committee for a vote. The bill is then voted on by the full chamber, and if it passes, it is referred to the other chamber, where the process begins again. If the bill survives this second journey, it is sent to the President, who may sign it, veto it, or do nothing for ten days, in which case it automatically becomes law. If the President vetoes the bill, it returns to Congress, which can attempt to override the veto with a two-thirds majority vote in both the Senate and the House.
What You'll Learn
Who can introduce a bill?
Any member of Congress, either from the Senate or the House of Representatives, can introduce a bill. The bill can be drafted by the Congress member themselves or by 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".
In the House of Representatives, any member may introduce a bill at any time while the House is in session by simply placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill, and there is no limit on the number of co-sponsors for a public bill. The bill is then assigned a legislative number by the Clerk and referred to the appropriate committee by the Speaker, with the assistance of the Parliamentarian.
In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation and a number. Most bills are referred to the appropriate committee by the Speaker, but in some cases, a bill might be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.
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What is a bill sponsor?
A bill sponsor is a member of Congress who introduces and backs a bill. They are willing to advocate for the bill in their respective chamber, and they may solicit colleagues to become co-sponsors. A bill sponsor is not necessarily the person who wrote the bill, as it may have been drafted by a staff member or interest group. A bill can have multiple sponsors, and occasionally, a committee may be identified as the sponsor, though this is rare.
The sponsor is often the primary Congress member supporting the bill, and they may be a senator or representative, or even a delegate from a US territory. They are responsible for introducing the bill to either the House or the Senate, depending on their role. 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. The sponsor's name will be listed with the bill number and description. The sponsor's name will also appear on any reprints of the bill, which occur when the bill is amended as it goes through the legislative process.
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What is a subcommittee?
A subcommittee is a small group of people selected from a committee, which is itself a group of people representing a larger organisation. Subcommittees are formed to study and report on a particular subject, often one requiring further specialisation. For example, a subcommittee might be formed to investigate a specific issue.
In the context of how a bill becomes a law, a subcommittee is a group of people chosen to review a bill after it has been introduced in either the House or the Senate and assigned to a committee. The subcommittee will study the bill and may make changes to it. They must then vote to refer the bill back to the full committee. The subcommittee may also hold hearings to better understand the bill's implications. If the subcommittee does not act on a bill, it is considered "dead".
There are several subcommittees with different responsibilities. For example, the Subcommittee on Rules and Organization of the House has general responsibility for matters within the Rules Committee's jurisdiction related to the process and procedures of the House, relations between the two Houses of Congress, and relations between the Congress and the Judiciary. Another example is the Subcommittee on the Legislative and Budget Process, which has responsibility for matters within the Rules Committee's jurisdiction related to the budget process and relations between the Congress and the Executive Branch.
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What is a 'clean bill'?
The term "clean bill" is used in two basic ways.
Firstly, it refers to a bill that has had any problematic or contentious portions of the legislation or amendments removed in order to consider the contested and uncontested portions of the issue separately.
Secondly, a clean bill is one that has been or is to be reintroduced with all of the changes from the amendments to the original bill written into the new bill. This removes the necessity to consider the agreed-upon amendments from the original bill separately.
Generally, after a committee has amended a piece of legislation, the chairman may be authorized by the panel to assemble the changes and what remains unchanged from the original bill and then reintroduce everything as a clean bill. This can expedite Senate action by avoiding separate floor consideration of each committee amendment.
In the context of the legislative process, a clean bill is introduced after hearings are completed and the subcommittee has considered the bill. The subcommittee may decide to report the bill favourably to the full committee, with or without amendment, or unfavourably, or without recommendation. If the committee has approved extensive amendments, it can decide to report the original bill with one 'amendment in the nature of a substitute' consisting of all the amendments previously adopted, or it may introduce and report a new bill incorporating those amendments, commonly known as a 'clean' bill.
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How does a bill become law?
Step 1: A Bill is Drafted
Anyone can draft a bill, but only a member of Congress can introduce it and become its sponsor. The president, a cabinet member, or the head of a federal agency can also propose legislation, but a member of Congress must introduce it. The sponsor is the primary Congress member supporting the bill, and any other members who support it are called co-sponsors.
Step 2: The Bill is Introduced
The bill is introduced in the House if a Representative is the sponsor, or in the Senate if a Senator is the sponsor. All bills to raise money must originate in the House of Representatives. Once introduced, the bill is given a number (e.g. HR 1 or S 1) and can be found on Congress.gov.
Step 3: The Bill Goes to Committee
The bill is referred to a committee as soon as it is introduced. The House and Senate have various committees composed of groups of Congress members with specific interests, such as health or international affairs. The committee examines the bill and determines its chances of passage by the entire Congress. The committee may hold hearings to better understand the bill's implications and put the views of experts, public officials, supporters, and opponents on the record. If the committee does not act, the bill is considered "dead".
Step 4: Subcommittee Review
Committees often refer bills to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.
Step 5: Committee Markup
Once hearings and subcommittee review are complete, the committee meets to "mark up" the bill, making changes and amendments before recommending it to the "floor". If the committee votes not to report the legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor, which is called "ordering a bill reported".
Step 6: Voting by the Full Chamber
On the floor, there is a debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by member voting.
Step 7: Referral to the Other Chamber
When the bill passes in one chamber, it is referred to the other, where it usually follows the same route through committees and then to the floor. This chamber may approve, reject, ignore, or change the bill.
Step 8: Conference Committee
If the other chamber makes significant alterations to the bill, a conference committee is formed to resolve the differences between the House and Senate versions. If the committee cannot reach an agreement, the bill dies. If they succeed, a conference report is prepared with recommendations for the final bill, which both the House and Senate must vote to approve.
Step 9: The Bill Goes to the President
After both chambers have approved the bill in identical form, it is sent to the President. If the President approves, the bill becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If Congress has adjourned, there is a "pocket veto", and the bill does not become law.
Step 10: Overriding a Veto
If the President vetoes a bill, it is sent back to Congress with a note explaining their reasons. Congress may attempt to override the veto, and if two-thirds of both the Senate and the House pass the bill, the President's veto is overruled, and the bill becomes law.
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Frequently asked questions
The first step is the drafting of the bill. Anyone can draft a bill, but only members of Congress can introduce it and become the sponsor.
If a committee does not act on a bill, it is considered “dead".
The bill is then sent to the President for approval.
If the President vetoes a bill, it is sent back to Congress. If Congress then approves the bill with a two-thirds majority, the President's veto is overridden and the bill becomes law.