The Legislative Process: How A Bill Becomes Law

A bill is a proposal for a new law or a change to an existing law, and it must go through a long process of scrutiny and amendment before it can become a law. This process can differ depending on the type of bill and the country in which it is being proposed. In the UK, for example, a bill must be approved in the same form by both the House of Commons and the House of Lords before it can become an Act of Parliament and receive Royal Assent from the monarch. In the US, on the other hand, a bill must be approved by both the House of Representatives and the Senate before being sent to the President for approval.

Drafting a bill

The drafting process involves writing the bill, which can be done by a member of Congress or by 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". The sponsor will then talk with other Representatives about the bill to try and garner support for it. Once a bill has a sponsor and the support of some 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. A bill number beginning with H.R. is then assigned to the bill by a bill clerk, and a reading clerk reads the bill to all the Representatives. The Speaker of the House then sends the bill to one of the House standing committees.

Introducing a bill

The process of introducing a bill is the first step in the legislative process. It is the formal presentation of 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 citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.

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. A bill introduced in the House is designated by 'H.R.' followed by a number, while a Senate bill is designated by 'S.' followed by its number.

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. Once introduced, a bill is assigned to a committee, whose members will research, discuss, and make changes to the bill. The committee may also choose to hold hearings to better understand the implications of the bill and gather expert opinions.

After the committee has approved a bill, it is sent, or reported, to the House floor for debate. Representatives discuss the bill and explain why they agree or disagree with it. A reading clerk then reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

Committees and subcommittees

The House of Representatives has 20 standing committees, while the Senate has 16. In addition, there are several select committees and task forces in the House that can study specific issues and report on them. Each committee's jurisdiction is defined by certain subject matters, and all measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, immigration policy, and bankruptcy, among other things.

Subcommittees are organized under committees and have further specialisation on a certain topic. For instance, the House Committee on Ways and Means includes subcommittees on Social Security and Trade. Committees can refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

During the committee and subcommittee review, debate and discussion of the bill take place. The committee could call industry experts for in-person hearings, or send the bill to a subcommittee for additional research. After the initial discussion, committee or subcommittee members meet in a "markup" session, where they revise the text of the bill. This is when there is negotiation between members, and changes are made.

If the committee votes in favour of the bill, it is reported to the floor of the House or Senate. If the committee does not vote in favour, the bill dies.

Voting

Once a bill is introduced in the House of Representatives, it is assigned to a relevant committee for review and discussion. After the committee approves the bill, it is reported to the House floor for debate. During the debate, representatives discuss the bill and explain their support or opposition. Amendments can be proposed, and once all changes are incorporated, the bill is ready for a vote.

There are three methods for voting on a bill in the House:

• Viva Voce (voice vote): The Speaker of the House asks representatives to voice their support or opposition to the bill.
• Division: Representatives physically stand up and are counted to indicate their vote.
• Recorded: Representatives cast their votes electronically, selecting "yes," "no," or "present" if they choose not to vote.

If a majority of representatives (a simple majority of 218 out of 435) vote "yes," the bill passes in the House and is then sent to the Senate.

After the bill reaches the Senate, it undergoes a similar process. It is assigned to a Senate committee for review, and if approved, it is reported to the Senate floor for debate. Senators discuss the bill and propose amendments. Once the debate concludes, the bill is ready for a vote.

Senators cast their votes orally, saying "yea" for support and "nay" for opposition. A simple majority (51 out of 100) is required for the bill to pass in the Senate.

Conference Committee and Final Vote

If the bill passes in both the House and the Senate, but there are differences between the two versions, a conference committee is formed. This committee consists of members from both chambers and works to reconcile the discrepancies. Once the committee reaches an agreement, a final bill is sent back to both chambers for a confirmatory vote.

Presidential Veto and Override

After passing both chambers, the bill is presented to the President for approval. The President has three options: signing and passing the bill into law, vetoing the bill, or doing nothing (pocket veto). If the President vetoes the bill, Congress can attempt to override the veto. In this case, a two-thirds majority in both the House and the Senate is required to pass the bill into law despite the President's objection.

Presidential approval

Once a bill has been passed by both the House and the Senate, it is sent to the President for approval. 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 Congress, along with the President's reasons for the veto. If Congress still believes the bill should become a law, they can hold 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.
• Do nothing (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 a law.

Frequently asked questions