The Lawmaking Process: How A Bill Becomes Law

The process of how a bill becomes a law is a complex one, and it's fascinating to see how an idea can develop into a fully-fledged law. In the US, the creation of laws is the most important job of the House of Representatives. Laws begin as ideas, which can come from a Representative or a citizen. These ideas are then drafted into bills, which are proposed and introduced to the House. Once a bill has a sponsor and the support of other Representatives, it is placed in the hopper—a box on the clerk's desk. From here, the bill goes through several stages of review, research, and revision, before being voted on. If a bill passes in the House, it then goes through a similar process in the Senate. If it passes there, it is sent to the President, who can approve and sign it into law or veto it. However, even if the President vetoes a bill, Congress can still override this decision and pass the bill into law. Understanding how a bill becomes a law is crucial for comprehending the legislative process and the inner workings of the US government.

Who can propose a bill?

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 or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.

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 U.S. House of Representatives. When a bill is introduced in the U.S. House of Representatives, a bill clerk assigns it a number that begins with H.R. In the Senate, the bill is submitted to clerks on the Senate floor and receives a designation based on the chamber of introduction, for example, S. or S.J.Res. for Senate-originated measures.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

What happens when a bill is introduced?

When a bill is introduced, it is assigned a number and read out to all the Representatives. The Speaker of the House then sends the bill to a committee. The bill is assigned to a committee for study and review. The committee members research, discuss, and make changes to the bill before voting on whether to send it back to the House floor. If the committee members require more information, the bill is sent to a subcommittee for further examination and to gather expert opinions.

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. When a bill is introduced, it is given a designation based on the chamber of introduction, for example, "H.R." for House-originated bills. It also receives a number, typically the next number in sequence during that two-year Congress.

Once introduced, the bill is referred by the Speaker to all committees with jurisdiction over the provisions in the bill. Most bills fall under the jurisdiction of one committee. If multiple committees are involved, each committee works only on the portion of the bill under its jurisdiction, and one committee is designated as the primary committee of jurisdiction. In the Senate, bills are typically referred to a committee in a similar process, though almost always to just one committee. In a limited number of cases, a bill might not be referred to a committee and instead be placed directly on the Senate Calendar of Business.

After being introduced, the bill is carefully examined, and its chances of passage by Congress are determined. The committee may hold hearings to better understand the bill's implications and gather the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation. If the committee does not act on a bill, it is considered "dead".

What is a bill sponsor?

In the U.S. Congress, a bill sponsor is a senator or representative—or even a delegate from a U.S. territory—who introduces a bill or an amendment to 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, or it can be proposed by citizens or citizen groups who recommend a new or amended law to their member of Congress.

Once a bill has a sponsor and the support of other representatives, it is ready to be introduced. 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., and a reading clerk reads the bill to all the representatives.

It should not be assumed that a bill's sponsor actually wrote it. More likely, the bill may have been drafted by a staff member, an interest group, or another party. For example, for the last 20 years, The American Legion and the Citizens Flag Alliance have approached various members of the House and Senate, requesting that these members introduce the flag-protection constitutional amendment.

As part of their job, the bill sponsor solicits colleagues to become co-sponsors of the bill. A co-sponsor is a senator or representative who adds their name as a supporter of the bill. An "initial co-sponsor" or "original co-sponsor" is a senator or representative listed in the actual text of the bill as a co-sponsor at the time of its introduction. After a bill is introduced, the sponsor will usually continue to contact their colleagues to become additional co-sponsors.

What is the role of committees?

Committees play a crucial role in the legislative process of turning a bill into a law. Once a bill is introduced, it is assigned to a committee, which is a group of representatives or congress members with expertise in specific topics such as agriculture, health, education, or international relations. The committee's primary function is to review, research, and revise the bill before deciding whether to send it back to the House or Senate floor for further discussion and voting.

The committee stage is where the bill undergoes careful examination and scrutiny. Committee members evaluate the bill's merits, discuss its potential impact, and consider its chances for passage by the entire Congress. They may hold hearings to gather expert opinions and record the views of various stakeholders, including the executive branch, other public officials, and supporters and opponents of the legislation. This process ensures that the bill is thoroughly vetted and amended as necessary before progressing further.

If the committee requires additional information or a more detailed analysis, they may refer the bill to a subcommittee. Subcommittees are specialised groups organised under the main committee. They study the bill, conduct hearings, and can make changes to the bill before sending it back to the full committee. The subcommittee review process allows for a more focused and in-depth examination of the bill's specifics.

After the committee or subcommittee has completed its work, the bill is voted on by the full committee. This vote determines whether the bill will be reported or sent back to the House or Senate floor. The committee may also hold a "mark-up" session to make revisions and additions to the bill, ensuring it is as strong and well-crafted as possible.

The role of committees is essential in shaping the final form of the bill. Through research, debate, and amendments, committees help refine the proposed legislation, ensuring that it is thoroughly considered and improved before progressing through the legislative process. Their work lays the foundation for the subsequent discussions and voting that will ultimately determine whether the bill becomes a law.

What happens if the President vetoes a bill?

If the President vetoes a bill, it is sent back to the chamber of Congress in which it originated. This chamber can then attempt to override the President's veto by holding another vote on the bill. For the bill to become a law, two-thirds of the members of this chamber must vote in favour. If this vote is successful, the bill is sent to the other chamber of Congress, which can then decide whether or not to attempt its own override vote. Again, a two-thirds majority is required for the bill to pass. Only if both chambers vote to override the veto does the bill become law, notwithstanding the President's objection. A successful override of a presidential veto is rare.

The US Constitution also specifies that if the President does not veto or sign a bill within ten days (excluding Sundays), it becomes law. This provision prevents the President from obstructing legislation through inaction. An exception to this rule is if Congress has adjourned before the ten days are up, in which case the bill does not become law. This scenario is known as a "pocket veto".

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