Understanding The Process: Who Drafts The Bills?

The process of turning a bill into a law is a long and complex one. In the United States, bills can be proposed by members of the Senate or the House of Representatives, or by citizens and advocacy groups. Once a bill has been drafted, it is introduced to the Senate or the House, depending on who sponsored it. It is then assigned a number and read out to the Representatives, before being sent to a committee. The committee will review, research, and revise the bill before voting on whether to send it back to the floor. If the committee approves the bill, it is sent back to the floor for debate and voting. If the bill passes in the House, it is sent to the Senate, where it goes through a similar process. If the bill passes in the Senate, it is sent to the President, who can choose to sign it into law, veto it, or do nothing. If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote. If the President does nothing and Congress is in session, the bill will automatically become law after 10 days. If Congress is not in session, the bill does not become a law.

Who can propose a bill?

Laws begin as ideas, and these ideas can come from anyone. The process of turning an idea into a bill begins when an individual or group persuades a member of the legislature to author a bill. The member then sends the idea and the language for the bill to the Legislative Counsel's Office, where it is drafted into a bill. The drafted bill is then returned to the legislator for review.

In the US, any member of Congress—either 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". The other members who support the bill are called "co-sponsors". A public bill may have an unlimited number of co-sponsors.

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. In the 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 House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R.

In the California State Senate, if the author is a Senator, the bill is introduced at the Senate Desk. If the author is an Assembly member, it is introduced at the Assembly Desk, where it is assigned a number and read for the first time.

What happens when a bill is introduced?

The process of a bill becoming a law can be quite complex and lengthy. Here is a step-by-step breakdown of what happens when a bill is introduced:

• Idea and Drafting: The process begins with an idea for a new law or a change to an existing one. The idea 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 advocacy groups. Once the idea is formed, the bill is drafted.
• Introduction: Once the bill is drafted, it is introduced in the House of Representatives if a Representative is the sponsor, or in the Senate if a Senator is the sponsor. The bill is then assigned a designation based on the chamber of introduction, such as "H.R." for House-originated bills.
• Committee Assignment: The introduced bill is then referred to a committee, which will research, discuss, and make changes to it. Both the House and Senate have various committees that focus on different topics such as health or international affairs.
• Subcommittee Review: The bill is then sent to a subcommittee, which is a specialized group under the committee, for further study and hearings. The subcommittee may suggest changes to the bill and must vote to refer it back to the full committee.
• Committee Markup: After hearings and subcommittee review, the full committee meets to "mark up" the bill, making changes and amendments. If the committee votes in favor of the bill, it is reported to the floor.
• Floor Consideration: The bill is then brought to the floor of the chamber where it was introduced for additional debate and voting. Members of the chamber can propose and vote on amendments to the bill.
• Referral to the Other Chamber: If the bill passes in one chamber, it is then referred to the other chamber (Senate or House), where it goes through a similar process of committee review, debate, and voting.
• Conference Committee: If the bill passes in both chambers but there are differences between the two versions, a conference committee, consisting of members from both chambers, works to resolve these differences and create a final version of the bill.
• Final Approval: The resulting bill is then sent back to both chambers for a final vote. If it passes in both chambers, it is sent to the President for approval.
• Presidential Action: The President has the power to approve or veto the bill. If the President approves, the bill becomes law. If vetoed, Congress can attempt to override the veto with a two-thirds majority vote in both chambers, and the bill will still become law.

This process can vary slightly depending on the specific type of bill and the chamber in which it is introduced. Additionally, there may be instances where a bill does not follow every step or where additional steps are required.

What is a bill's journey through the committee?

A bill's journey through the committee stage of the legislative process can be complex and varies between different legislative bodies. However, there are some commonalities.

In the US, any member of Congress can introduce a bill. The bill is then assigned a number and sent to the Government Printing Office where copies are made. The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Committees are groups of legislators who examine the bill's content, hold hearings, and gather expert opinions. They can propose amendments, revisions, or even reject the bill entirely.

In the House of Representatives, most bills go to the Rules Committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.

Once the bill has been reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

In the House, bills are placed on one of four House Calendars. In the Senate, legislation is placed on the Legislative Calendar. Bills can be brought to the floor whenever a majority of the Senate chooses.

If the bill passes through the committee stage, it moves on to the floor of the respective chamber (House or Senate). Here, it undergoes thorough debate, amendments, and voting. A majority of votes are required for the bill to proceed to the next chamber.

If both chambers of Congress pass different versions of the bill, a conference committee is formed. This committee consists of members from both chambers and works to reconcile the differences and create a unified version of the bill. Once the conference committee reaches an agreement, the bill returns to both chambers for a final vote. If it passes by a majority in both chambers, it moves to the executive branch.

In the UK, a bill may be introduced in the House of Commons or the House of Lords. After its first reading, the bill is usually referred to a Public Bill Committee. The committee considers the general principles of the bill in detail and may make amendments. The committee stage tends to be shorter in the House of Lords.

In the EU, the European Commission proposes legislation, which is then sent to the Council of the EU (made up of government ministers from each EU country) and the European Parliament (the EU's directly elected body) for consideration. The Council and Parliament must both approve the legislation for it to become law.

How does a bill become a law?

The process of a bill becoming a law is known as the legislative process. In the United States, this process begins with a bill, which 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 has been introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can then choose to approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto and cannot be overridden by Congress.

What happens if a bill is vetoed?

In the US, if a bill is vetoed by the president, it is sent back to Congress with a note listing the reasons for the veto. The chamber that originated the legislation can then attempt to override the veto by a two-thirds vote of those present. If the veto is overridden in both chambers, the bill becomes law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default. This is called a "pocket veto" and cannot be overridden by Congress.

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