The Bill's Journey: Law-Making Process In The Usa

The process of how a bill becomes a law in the USA is a complex one, with many steps and procedures. It begins with the introduction of a bill, which can be drafted by any member of Congress, and then moves through various committees and chambers before reaching the President for approval or veto. This process is designed to ensure that laws are carefully considered and amended before being enacted, with opportunities for experts, advocates, and opponents to provide input. The US Constitution grants Congress the sole authority to create and change laws, and this legislative process is a key function of American democracy.

How a bill is drafted

Drafting a bill is the first step in the legislative process. Any member of Congress – from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the members of Congress themselves, or from everyday 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".

Before a bill is drafted, members of Congress and their staff typically consult with nonpartisan attorneys in each chamber's Legislative Counsel office for assistance in putting policy proposals into legislative language. Members may also circulate the bill and ask others in the chamber to sign on as original co-sponsors of a bill to demonstrate a solid base of support for the idea.

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 can be found on Congress.gov, the official government website that tracks federal legislation.

The bill's journey through the House of Representatives

The journey of a bill through the House of Representatives is a complex and lengthy process. Here is a detailed overview:

Any member of the House of Representatives can introduce a bill at any time while the House is in session. The bill is then given an "H.R." designation, followed by a number, which remains the same throughout its journey. The bill is then referred to the appropriate committee by the Speaker of the House, with the assistance of the Parliamentarian.

Committee Consideration

This is perhaps the most crucial phase of the legislative process. The bill is sent to a committee for intensive consideration and public input. The committee members review, research, and revise the bill. They may also hold public hearings, inviting expert opinions, before voting on whether to send the bill back to the House floor.

Subcommittee Review

The bill may also be referred to a subcommittee, a smaller group within the committee, for further specialised study and hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee.

Committee Markup

Once the hearings and subcommittee review are complete, the full committee meets to "mark up" the bill, making changes and amendments before recommending it to the "floor" (the full House). If the committee votes against the bill, it dies. If they vote in favour, the bill moves forward.

Voting by the Full Chamber

Once on the floor, the bill is debated, and members can propose amendments. The bill is then voted on. If it passes, it moves on to the Senate.

Referral to the Senate

The bill then goes through a similar process in the Senate. If it passes there too, it is sent to the President.

Presidential Consideration

The President can choose to sign the bill into law. If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both the House and the Senate. If the President does nothing and Congress is still in session, the bill automatically becomes law after 10 days. However, if Congress is not in session, the bill is pocket vetoed and cannot be overridden.

The bill's journey through the Senate

Once a bill has been introduced and passed in the House of Representatives, it is sent to the Senate, where it goes through many of the same steps. The bill is first discussed in a Senate committee and then reported to the Senate floor to be voted on.

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

If a bill has passed in both the House of Representatives and the Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.

The bill's journey to the President

Once a bill has been passed by both the House and the Senate, it is sent to the President. The President then has three options:

• Sign and pass the bill, which becomes a law
• Refuse to sign or veto the bill, which is sent back to the House and Senate with the President's reasons for the veto. If the House and Senate still believe the bill should become a law, they can hold another vote. If two-thirds of both the House and Senate 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 bill becomes a law

The Bill's Journey in Congress

The bill starts its journey in Congress, where it is introduced by a member of the US Senate or House of Representatives. This member is known as the sponsor, and they can have co-sponsors who support the bill. The bill is then assigned to a committee, which discusses, researches, and makes changes to it. The committee may also hold hearings to better understand the bill's implications and gather opinions from experts and other officials. If the committee approves the bill, it is reported to the House floor, where it is debated and voted on.

Moving to the Senate

Once the bill passes in one body of Congress, it moves to the other body (the Senate or the House of Representatives, depending on where it started). Here, it goes through a similar process of research, discussion, changes, and voting.

Resolving Differences

If the bill passes in both bodies, they must work together to resolve any differences between their two versions. This involves creating a conference committee with members from both bodies. Once both chambers vote on and approve the same version of the bill, it is presented to the President.

Presidential Approval

The President then has the power to approve or veto the bill. If the President approves, they sign the bill into law. If they veto it, Congress can still override the veto and pass the bill into law with a two-thirds majority vote in both the Senate and the House of Representatives. However, if Congress is not in session and the President does not sign off on the bill, it will be pocket vetoed and cannot be overridden.

Frequently asked questions