Kara Sears
The process of a bill becoming a law involves multiple steps and stakeholders. The legislative process begins with a new policy idea, which can come from senators, their constituents, an organisation, or a state official. Once an idea for a new law has been settled on, it must be drafted as a bill by a legislator with legal training or a lawyer. The bill is then introduced by a member of Congress and assigned to a committee, which researches, discusses, and makes changes to it. 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 reconcile any differences between the two versions. The bill is then sent to the President for approval, who can either sign it into law or veto it. If the President chooses to veto, Congress can vote to override the veto, and the bill becomes a law.
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What You'll Learn
Bill proposal
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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Bills can also be drafted by lawyers working in state agencies and the executive branch. Once an idea for a new law has been settled on, it must be drafted as a bill before it can be considered by the Senate. Bill drafting requires specialised legal training and is usually carried out by the staff of New York State's Legislative Bill Drafting Commission.
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. In the House, legislation is handed to the clerk of the House or placed in the hopper. In the Senate, members must gain recognition from the presiding officer to announce the bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number and sent to the Government Printing Office, where copies are made.
After introduction, the bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Bills are generally only introduced by legislators or by standing committees of the Senate and Assembly. Committees often hold public hearings on bills to gather a wide range of opinions. Citizens can share their opinions on a proposed bill with their Senate representative. The committee system acts as a filter to weed out undesirable or unworkable ideas.
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Committee review
Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee system acts as a funnel through which a large number of bills must pass before they can be considered. Committees are usually assigned according to the bill's subject matter, and a bill may be split so that parts are sent to different committees. Committees often hold public hearings on bills to gather a wide range of opinions, and citizens can share their opinions with their Senate representative for relay to the committee members. Subcommittees are organized under committees and have further specialization on a certain topic. Committees and subcommittees may request reports from government agencies and hold hearings so experts and interested parties have an opportunity to offer testimony regarding the issue.
Once hearings and subcommittee reviews are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". After explanation, discussion, or debate, a vote is taken. If a majority of the Senators approves, the bill is sent to the Assembly. It is referred to a committee for discussion, and if approved there, it goes to the full membership for a vote.
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Voting
The voting process itself is intricate and involves multiple stages. Once a bill is introduced, it is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Committees often consist of subcommittees that specialise in specific topics. These subcommittees may hold hearings, gather testimonies, and make revisions to the bill. After the subcommittee concludes its work, the full committee convenes to review the bill and decide whether to approve it. This stage, known as "ordering a bill reported," culminates in a vote by the full committee.
If the committee votes in favour of the bill, it proceeds to the chamber floor, where members of the full chamber engage in additional debates and vote to approve any amendments. This vote determines whether the bill passes or fails in that chamber. If the bill garners sufficient support and passes in one chamber, it then moves to the other chamber, undergoing a similar process of research, discussion, amendments, and voting.
After a bill has successfully navigated through both chambers of Congress, it is sent to the President for approval. The President has several options: signing the bill into law, taking no action, or issuing a veto. If the President approves, the bill becomes a law. However, if the President takes no action for ten days while Congress is in session, the bill automatically becomes law. On the other hand, if the President opposes the bill, they may veto it. In response to a veto, Congress can attempt to override it by voting on the bill again. If both the Senate and the House pass the bill with a two-thirds majority, the President's veto is overridden, and the bill becomes a law.
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Presidential approval
Once a bill has been passed by both chambers of Congress, it is sent to the President for approval. The President can choose to approve the bill, at which point it becomes a Public Law and is assigned an official number. If the President approves the bill, they will sign it into law.
However, the President can also refuse to approve a bill. This is known as a veto. If the President vetoes a bill, it may be returned to Congress for reconsideration. Congress can then vote to override the veto, and if both the Senate and the House pass the bill with a two-thirds majority, it becomes a law.
If the President does not sign off on a bill within 10 days, it will automatically become law. However, if Congress adjourns during this 10-day period and the President does not sign the bill, it will be vetoed by default. This is called a "pocket veto" and cannot be overridden by Congress.
The process of presidential approval is, therefore, a critical final step in the legislative process, allowing the President to exercise their power to shape the laws that govern the nation.
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Amendments
The full committee then meets to review the bill and propose further amendments. This process is known as a "mark-up" session, where revisions and additions are made. The committee may then report the amended bill to the full chamber of Congress for consideration. At this stage, members of the chamber can propose additional amendments, engage in further debate, and vote on the bill and any proposed amendments.
If the bill passes one chamber of Congress, it moves to the other chamber, where it undergoes a similar process of research, discussion, amendments, and voting. Once both chambers approve the bill, they must reconcile any differences between their respective versions. This involves negotiating and compromising to reach a consensus on the final language of the bill.
Throughout the legislative process, amendments play a crucial role in shaping the content and scope of a bill. They allow for the incorporation of diverse perspectives and ensure that the final law is carefully considered and broadly supported. Amendments can be proposed by members of Congress, subcommittees, committees, or even citizen groups who advocate for specific changes.
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Frequently asked questions
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, be proposed during their election campaign, or be petitioned 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 committee may refer the bill to a subcommittee for further study and hearings.
After a bill is passed by both chambers of Congress, it is sent to the President for approval. If the President approves, the bill is signed and becomes a law. If the President does not approve, they can veto the bill. If the President vetoes the bill, Congress may attempt to override the veto, and if both the Senate and the House pass the bill by a two-thirds majority, the bill becomes a law.
