The Legislative Process: How A Bill Becomes A Law

The process of a bill becoming a law is a complex one, with many steps and stages. In the US, a bill is a proposal for a new law or a change to an existing one. The idea for a bill can come from a member of the public, a citizen group, or a sitting member of the US Senate or House of Representatives. Bills can be petitioned by citizen groups, who recommend a new or amended law to their member of Congress. Once a bill has been drafted, it must be introduced, assigned a number, and sent to a committee. This committee will research, discuss, and make changes to the bill before it is voted on. If the bill passes in one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must agree on a single version of the bill, which is then presented to the president. The president can approve the bill, refuse to sign it, or do nothing. In most cases, if the president refuses to sign, Congress can override this veto. However, if the president does nothing and Congress is no longer in session, the bill will be vetoed by default, known as a 'pocket veto'.

Drafting and proposing a bill

When drafting a bill, it is important to follow certain conventions and guidelines. The House Office of the Legislative Counsel provides a guide to legislative drafting, outlining the drafting style and conventions used by the office to facilitate communication and collaboration between attorneys and their clients. This guide includes information on the different forms of legislation, the organization within a bill, general templates for structuring content, and the use of specific legislative provisions.

There are four different forms of legislation: bills, joint resolutions, simple resolutions, and concurrent resolutions. Bills and joint resolutions are used for making laws, while simple and concurrent resolutions are used for matters of congressional administration and to express non-binding policy views. When deciding between a bill and a joint resolution, Congress considers the subject matter involved, with bills being more commonly used.

The basic unit of organization of a bill is the section. Each section should contain a single proposition of enactment, and the terminology for referring to units within a section is highly standardized. Larger bills may be organized into higher-level units such as titles, subtitles, chapters, and subchapters.

When proposing a bill, it must be introduced in either the House or the Senate, depending on the sponsor. Once introduced, the bill is assigned to a committee that will research, discuss, and make changes to the bill. The committee may hold hearings to better understand the implications of the bill and allow for input from various stakeholders. After the committee review, the bill is voted on by the full chamber, and if passed, it moves to the other chamber for a similar process.

Assigning a bill to a committee

Once a bill has been introduced, it is assigned to a committee. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The actual referral decision is usually made by the House or Senate parliamentarian. Most bills fall under the jurisdiction of one committee, but some may be referred to multiple committees, with each committee working on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will lead on any action. Committees are composed of groups of Congress members with a particular interest in the topic of the bill, such as health or international affairs.

Committees have subcommittees that are further specialised on a certain topic. The committee chair has the chief agenda-setting authority and identifies the bills or issues on which the committee will act through hearings and/or a markup. The committee chair chooses the proposal that will be placed before the committee for markup: a referred bill or a new draft text.

Hearings are a forum for committee members and the public to hear about the strengths and weaknesses of a proposal from selected parties, like key executive branch agencies, relevant industries, and groups representing interested citizens. At the hearing, invited witnesses provide oral remarks and written feedback on the bill. After the witnesses' oral statements, committee members ask questions of the witnesses. Hearings are not required from a procedural standpoint for a bill to receive further action from the committee, but they are a way to spotlight legislation.

A markup is the key formal step a committee takes for a bill to advance to the floor. At a markup, committee members consider possible changes to the proposal by offering and voting on amendments. A markup concludes when the committee agrees, by majority vote, to report the bill to the chamber. Committees rarely hold a markup unless the proposal in question is expected to receive majority support.

Committee hearings and subcommittees

Once a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members who are particularly 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. 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".

The committee chair has the chief agenda-setting authority for the committee. They identify the bills or issues on which the committee will try to formally act through hearings and/or a markup. The first formal committee action on a bill or issue might be a hearing, which provides a forum at which committee members and the public can hear about the strengths and weaknesses of a proposal from selected parties. These include key executive branch agencies, relevant industries, and groups representing interested citizens. Hearings are also a way to spotlight legislation to colleagues, the public, and the press. At the hearing, invited witnesses provide short oral remarks to the assembled committee, but each witness also submits a longer written version of their feedback on the bill. After the witnesses' oral statements, members of the committee take turns asking questions of the witnesses.

While these hearings provide the formal public setting at which feedback is solicited on the policy proposal, committee members and staff engage in additional assessment of the approach through informal briefings and other mechanisms. It is important to note that a hearing is not required from a procedural standpoint for a bill to receive further action from the committee.

Committees also establish subcommittees – subpanels of the full committee where members can further focus on specific elements of the policy area. The extent to which subcommittees play a formal role in policymaking varies by chamber and committee tradition and practice. Whatever role a full committee allows its subcommittees to play, subcommittees cannot report legislation to the chamber; only full committees may do so.

Subcommittees are organized under committees and have further specialization on a certain topic. Often, committees 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. After 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".

Voting on the bill

Once a bill has been introduced, assigned to a committee, and discussed, it is put before the chamber to be voted on. 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.

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.

The process of voting on a bill can be complex and varies between the House of Representatives and the Senate. In the House, legislation is typically passed by a simple majority vote. In the Senate, the process can be more deliberative, with more emphasis on debate prior to voting.

In both chambers, there are procedures in place to ensure that all members have an opportunity to be heard and that the minority party has a chance to offer amendments or propose alternative legislation. This may include mechanisms such as the "motion to recommit," which allows the minority party to offer amendments or send the bill back to committee before a final vote.

Additionally, there are rules in place regarding the types of amendments that can be offered. For example, in the Senate, amendments must generally be germane, meaning they must be relevant to the subject matter of the bill.

The voting process can also be influenced by the use of procedures such as unanimous consent agreements or special rules reported by the Committee on Rules, which can set parameters for the debate and amendment process.

Overall, the voting stage is a critical part of the legislative process, where members of Congress have the opportunity to shape and influence the final version of the bill before it is presented to the president for approval.

Presidential approval

Once a bill has been passed by both the House of Representatives and the Senate, it must be presented to the President of the United States for approval or veto. If the President approves of the bill, they will sign it into law.

The President has ten days to sign the bill, excepting Sundays, after it has been presented to them. If the President takes no action within this time while Congress is in session, the bill will automatically become law. This is distinct from a scenario in which the President does not sign the bill within ten days and Congress has already adjourned. In this case, there is a "pocket veto", and the bill will not become law.

If the President opposes the bill, they may veto it. In this case, the bill is sent back to the House in which it originated, along with the President's objections. The bill is then reconsidered, and if two-thirds of the House approve the bill, it is sent to the other House to be reconsidered. If two-thirds of this House also approves the bill, it becomes a law.

If the President approves of the bill, they are not required to write the word "approved" or the date of approval on the bill. However, they must sign it.

Frequently asked questions