Understanding The Legislative Process: Bill To Law

The process by which a bill becomes a law in the United States involves several steps and the participation of various governmental bodies. The journey of a bill to become a law begins with a proposal, followed by its introduction, referral to a committee, voting, referral to the other chamber, and finally, review and approval by the President. This intricate procedure ensures careful consideration and modification of the bill before it is enacted as a law, reflecting the democratic ideals of the nation.

The bill is drafted

The first step in the law-making process is the drafting of the bill. Any member of Congress – from the Senate or the House of Representatives – can draft a bill if they have an idea for a law. These ideas can come from the members of Congress themselves, or from everyday citizens and advocacy groups. Citizens with ideas for laws can contact and discuss their ideas with their Representatives. If the Representatives agree with the ideas, they will research them and write them into bills. The primary member of Congress supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once a bill has a sponsor and the support of some Representatives, it is ready to be introduced.

The bill is introduced

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. A bill must be introduced by a member of Congress.

Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation. The bill is then assigned a number, for example, H.R. 1001 for a bill introduced in the House of Representatives, or S. 1002 for a bill introduced in the Senate. The bill is labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO) and copies are made. Members can cosponsor the bill.

The bill goes to committee

Once a bill has been introduced, it is assigned to a committee. Committees are made up of groups of members of Congress or Representatives who are experts on specific topics, such as health, agriculture, education, or international affairs/relations.

The committee will carefully examine the bill, researching and discussing its implications, and determining its chances of passage by Congress. They may also hold hearings to better understand the bill's implications, allowing the views of experts, public officials, supporters, and opponents to be put on the record. If the committee does not act on a bill, it is considered "dead".

Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often 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.

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

After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill may write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

The bill is voted on

The bill is now ready to be voted on by the U.S. House of Representatives. There are three methods for voting: viva voce, division, and recorded. In the viva voce method, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". In the division method, the Speaker asks those who support the bill to stand up and be counted, and then those who oppose the bill to do the same. In the recorded method, Representatives record their vote using the electronic voting system, selecting yes, no, or present if they don't want to vote. If a majority of the Representatives vote yes, the bill passes in the House and is then sent to the U.S. Senate.

In the Senate, the bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea", the bill passes in the Senate and is ready to go to the President.

If the bill is rejected by either the House or the Senate, it dies. If the House and Senate pass different versions of the bill, they must work out the differences and both chambers must vote again on the same version of the bill. If the bill passes, it is presented to the President.

The President can approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the President chooses to veto, Congress can vote to override the veto, and if two-thirds of the Representatives and Senators support the bill, it becomes a law. If the President does nothing and Congress is not in session, the bill will be vetoed by default, known as a pocket veto, and cannot be overridden.

The bill is sent to the president

If the president takes no action on the bill within 10 days while Congress is in session, the bill will automatically become law. However, if Congress is not in session and the president has not signed the bill within 10 days, the bill will be pocket vetoed, and Congress will not be able to override this veto. In this case, if they still want to pass the legislation, they will need to start the entire process anew.

It is important to note that before a bill reaches the president, it must go through several steps, including being introduced, assigned to a committee, voted on by both the House and the Senate, and reconciled if there are different versions. Only after these steps is the bill sent to the president for consideration and potential enactment into law.

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