The process of how a bill becomes a law is a lengthy one and differs slightly between the House of Representatives and the Senate. 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 by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president for approval. The president can approve the bill and sign it into law, or they can 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 becomes a law.
Characteristics | Values |
---|---|
Step 1 | The bill is drafted |
Step 2 | The bill is introduced |
Step 3 | The bill goes to committee |
Step 4 | Subcommittee review of the bill |
Step 5 | Committee mark up of the bill |
Step 6 | Voting by the full chamber on the bill |
Step 7 | Referral of the bill to the other chamber |
Step 8 | The bill goes to the president |
Step 9 | Overriding a veto |
Drafting 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. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.
The process of drafting a bill involves transforming an idea into a formal proposal that can be introduced in Congress. It requires careful consideration of the language and structure to ensure that the bill effectively addresses the intended purpose. The drafting process may involve research, consultation with experts, and collaboration among members of Congress to refine the language and ensure that the bill aligns with existing laws and legislative procedures.
During the drafting process, members of Congress may seek input from various sources, including constituents, advocacy groups, and subject-matter experts. They may also consult with the Legislative Counsel of the House or the Senate to frame the ideas in suitable legislative language and form. The drafting process is a critical step in the law-making process, as it lays the foundation for the subsequent steps of introducing, debating, and enacting the bill into law.
The Journey of a Bill to Law
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Gaining support
The first step in the process of a bill becoming a law is the bill being drafted. Any member of Congress – from the Senate or the House of Representatives – can draft a bill. These ideas can come from the members themselves or from everyday citizens and advocacy groups. Once a 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.
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 with particular interests and expertise in different topics such as health, education, or international relations. When a bill is assigned to a 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. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, the bill is considered to be "dead".
Subcommittees are organized under committees and have further specialization on a certain topic. Committees often refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor".
Understanding the Legislative Process: Bill to Law
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Committee review
Once a bill is introduced, it is assigned to a committee. In the US House of Representatives, a bill clerk assigns it a number that begins with H.R. In the Senate, a bill is designated by 'S.' followed by its number. The bill is then sent to the Government Printing Office (GPO) and copies are made.
Committees are groups of Representatives or Senators who are experts on specific topics such as agriculture, education, or international relations. The committee reviews, researches, and revises the bill. If the committee requires more information before deciding whether to send the bill back to the House floor, it is sent to a subcommittee. The subcommittee examines the bill in detail and gathers expert opinions before sending it back to the committee for approval.
The committee may choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, it is considered "dead".
The committee will then hold a "mark-up" session, where revisions and additions are made. If substantial amendments are made, the committee may order the introduction of a "clean bill", which includes the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded.
After the bill is reported, the committee staff prepares a written report explaining why they support 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.
In the House, most bills go to the Rules Committee, which adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a significant impact on whether the bill passes. The Rules Committee can be bypassed in three ways:
- Members can move to suspend the rules (requires a 2/3 vote)
- A discharge petition can be filed
- The House can use a Calendar Wednesday procedure
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Voting
In the House of Representatives, there are three methods for voting on a bill:
- Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no."
- Division: The Speaker 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 House of Representatives and is then certified by the Clerk of the House and delivered to the Senate.
In the Senate, the voting process is simpler. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea," the bill passes in the Senate and is ready to go to the President.
Once a bill has passed in both the House of Representatives and the Senate, it is sent to the President for approval.
Understanding the Process: Bill to Law
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Presidential approval
Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review. The President has three options:
- Sign and pass the bill, which becomes a law.
- Refuse to sign, or veto, the bill. The bill is then sent back to the House of Representatives, along with the President's reasons for the veto. If two-thirds of the House and the Senate still 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 law.
The Legislative Process: A Visual Guide to Lawmaking
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
The process for a bill to become a law involves multiple steps, including drafting, introduction, committee review, voting, referral to the other chamber, and, finally, approval by the President.
A bill can be proposed by any member of Congress, either from the Senate or the House of Representatives. It can also be proposed by citizens or advocacy groups who can contact their Representatives to discuss their ideas.