How Laws Are Made: Understanding The Process

when does something become law

In the United States, a bill must go through several stages before it can become a law. First, a representative sponsors a bill, which is then assigned to a committee for study. If the bill is released by the committee, it is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the Senate, where it is assigned to another committee and, if released, debated and voted on again. If it passes this stage, a conference committee made of House and Senate members works out any differences between the two versions of the bill. The bill is then returned to the House and Senate for final approval before being sent to the President, who can choose to approve the bill and sign it into law or refuse to approve it, which is called a veto. In most cases, Congress can vote to override a veto, and the bill becomes a law.

Characteristics Values
Who can create a bill? Any member of Congress – either from the Senate or the House of Representatives
Who drafts the bill? The primary Congress member supporting the bill is called the "sponsor" and other members who support the bill are called "co-sponsors"
Where is the bill 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
What happens after the bill is introduced? The bill is referred to a committee
What does the committee do? The committee examines the bill and determines its chances of passage by the entire Congress. The committee may hold hearings to better understand the implications of the bill
What is a subcommittee? Subcommittees are organized under committees and have further specialization on a certain topic
What is a "mark-up" session? A session during which the committee will make changes and amendments prior to recommending the bill to the "floor"
What is the "floor"? The full House or Senate
What happens when the bill reaches the floor? There is additional debate and members of the full chamber vote to approve any amendments
What happens after the bill is passed by the first chamber? It is referred to the other chamber, where it usually follows the same route through committees and finally to the floor
What happens if the bill is passed by both chambers? It is sent to the President
What can the President do? The President can approve the bill and sign it into law, or refuse to approve a bill (a veto). If the President does not sign off on a bill and Congress is no longer in session, this is called a "pocket veto"
What can Congress do if the President vetoes a bill? In most cases, Congress can vote to override that veto and the bill becomes a law

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A bill is drafted

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. Any member of Congress who has an idea for a law can draft a bill. These ideas can come from Congress members themselves or 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".

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 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. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

Once the bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined, and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, the bill is considered "dead".

Subcommittees are organized under committees and have further specialization on a certain topic. Committees often refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

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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. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

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 introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.

Each Congress lasts about two years, and during this time, Senators and Representatives may introduce thousands of bills. However, only some of those bills will eventually become laws.

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The bill goes to committee

Once a bill has been introduced, it is assigned to a committee. Both the House and the Senate have various committees composed of groups of Congress members with a particular interest in different topics, such as health or international affairs. The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee, and in most cases, the referral decision is made by the House or Senate parliamentarian.

The committee will carefully examine the bill and determine its chances of passage by the entire Congress. They may hold hearings to better understand the implications of the bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation 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, and this procedure is 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.

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The bill is voted on

The legislative process begins with a bill, which is a proposal for a new law or a change to an existing one. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on.

During Floor Action, members of the full chamber can propose amendments to the bill, add additional text, or make other alterations. The bill is then voted on by the members, who can approve, change, or reject it. If the bill passes in both chambers, it moves on to the next step in the legislative process. However, if the bill fails to pass in either chamber, it dies and does not become law.

The process of voting on a bill in Congress is a crucial step in the legislative process. It involves debate, amendment, and ultimately, a decision by the members of the chamber. This step ensures that the bill has been thoroughly considered and has the support of the representatives of the people before it can move forward in the process of becoming a law.

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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 the power to approve or reject a bill. If the President approves of the bill, they will sign it, and it will become a law. This is known as "Presidential Action".

The President has 10 days to sign the bill. If they take no action for 10 days while Congress is in session, the bill will automatically become law. This is called "pocket veto". If the President opposes the bill, they may veto it. If the President vetoes a bill, it will be sent back to Congress with a note listing their reasons for doing so.

If the President chooses to veto a bill, Congress may vote to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto will be overruled, and the bill will become a law. This is the final step in the process of a bill becoming a law.

Frequently asked questions

A law starts as an idea, which is then drafted into a bill. A bill is like an early version or a draft of a proposed law.

Once a bill is drafted, it is introduced in the House or the Senate. 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.

The bill is then sent to a committee for review and discussion. The committee may hold hearings to better understand the implications of the bill. If the committee releases the bill, it is put on a calendar to be voted on, debated, or amended.

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