The Public Bill's Journey: Becoming Law

The process of how a public bill becomes a law involves several steps and can be influenced by citizens, advocacy groups, and members of Congress. 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 and advocacy groups. Once an idea is drafted into a bill, it is introduced and assigned to a committee for research, discussion, and potential changes. The bill then goes through a voting process in both chambers of Congress, and if approved, it is presented to the President for approval. The President can approve the bill, veto it, or do nothing. If vetoed, Congress can vote to override the veto, and the bill becomes a law. This complex process ensures that laws are carefully considered and represent the interests of citizens and lawmakers alike.

A bill is drafted

The legislative process begins with a new policy idea. 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 an idea for a new law has been agreed 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. Sometimes, an interest group may have its own attorneys draft a bill, and lawyers working in state agencies and the executive branch often submit their ideas for legislation in bill form.

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. Only Representatives can introduce bills in the U.S. House of Representatives. 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. Legislation is handed to the clerk of the House or placed in the hopper. Members of the Senate must gain recognition from the presiding officer to announce the introduction of a 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 (e.g. HR 1 or S 1) and labelled with the sponsor's name. The sponsor is the primary Congress member supporting the bill. The other members who support the bill are called "co-sponsors". The bill is sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored.

The bill is introduced

Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is sent to the Government Printing Office (GPO) for copying. Senate bills can be jointly sponsored, and members can cosponsor the legislation. The bill is then placed on the calendar of the committee to which it has been assigned.

Citizens can also play a role in the introduction of a bill. In New York, for example, citizens can share their opinions on a proposed bill with their Senate representative, who will then relay this information to the committee members.

The bill goes to committee

Once a bill has been introduced, it is sent to a committee. Both the House and the Senate have committees that are composed of groups of members who are particularly interested in and knowledgeable about different topics, such as health, agriculture, education, or international affairs/relations.

The committee members review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee members would like more detailed information before deciding, the bill is sent to a subcommittee. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

The committee may also choose to hold hearings to better understand the implications of the bill and to put the views of the executive branch, experts, other public officials, supporters, and opponents on the record. If the committee does not act on a bill, it is considered "dead".

Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

The bill is voted on

Once a bill has been introduced, assigned to a committee, and marked up, it is put before the chamber to be voted on. This is the sixth step in the process of a bill becoming a law.

In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". In a division vote, the Speaker of the House 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. In a recorded vote, Representatives record their vote using the electronic voting system, selecting yes, no, or present if they don't want to vote on the bill. If a majority of Representatives vote yes, the bill passes in the House and is then certified by the Clerk of the House and delivered to the U.S. Senate.

In the U.S. Senate, Senators vote by voice. Those who support the bill say "yea", and those who oppose it say "nay". If a majority of Senators say "yea", the bill passes in the Senate and is ready to go to the President.

If a bill passes in one body of Congress but not the other, it dies. If the bill passes in both bodies of Congress but in different forms, it is sent to the Conference Committee, which works to reach a compromise. If the Conference Committee reaches a compromise, it prepares a written report with recommendations for the final bill, which must be approved by both bodies of Congress.

The bill is sent to the President

Once a bill has been approved by both the House and the Senate, it is sent to the President for review. The President has three options: they can sign and pass the bill, which becomes a law; they can veto the bill, sending it back to the House of Representatives with their reasons for the veto; or they can do nothing, in which case, if Congress is in session, the bill will automatically become law after 10 days. This last option is known as a 'pocket veto'.

If the President chooses to veto a bill, Congress can attempt to override the veto. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law. However, if Congress is not in session and the President does not sign the bill within 10 days, the bill will not become law. This is also a 'pocket veto' and cannot be overridden by Congress.

The President's role in the process of a bill becoming a law is therefore a crucial one. They have the power to approve a bill and make it law, or to veto it and send it back to Congress. In most cases, Congress can override a veto, but if the President does not sign a bill and Congress is no longer in session, the bill will be vetoed by default.

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