Cecily Zamora
The process of a bill becoming a law is a long and complex one, with many steps and people involved. 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 or be proposed by everyday citizens and advocacy groups. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments adopted. The bill then goes through a similar process in the other body, and once both bodies vote to accept it, they must work out any differences between the two versions. Finally, the bill is sent to the President, who can approve and sign it into law or veto it. If the President vetoes the bill, Congress may still vote to override the veto and the bill becomes a law.
| Characteristics | Values |
|---|---|
| Who can introduce a bill? | Any member of Congress, either from the Senate or the House of Representatives. |
| 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 assigned to a committee whose members will research, discuss, and make changes to the bill. |
| What happens after the committee stage? | The bill is put before the 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. |
| What happens after both chambers approve the bill? | The bill is sent to the President. |
| What can the President do? | The President can approve the bill and sign it into law. Or the President can refuse to approve a bill, which is called a veto. |
| What happens if the President vetoes the bill? | The bill is sent back to Congress, which can vote to override the veto, and the bill becomes a law. |
| What is a pocket veto? | 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, and this cannot be overridden by Congress. |
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What You'll Learn
The bill's journey from an idea to a proposal
The journey of a bill from an idea to a proposal involves several steps and stakeholders. Here is a detailed overview of this process:
Idea Generation and Initial Discussions
The idea for a bill can originate from various sources, including sitting members of the U.S. Senate or House of Representatives, election campaigns, or petitions from citizens and groups who propose new or amended laws to their representatives in Congress. Before approaching legislators, it is advisable to consider the necessity of a bill, potential models or examples, and the financial implications of implementing the proposal.
Approaching Legislators
Once the idea is refined, the next step is to engage with legislators, who have the authority to introduce bills. It is recommended to approach legislators during the summer and fall months when the legislature is not in session, as this allows more time for discussions. In-person meetings are ideal, but individuals can also email their proposals to legislative offices. During these interactions, it is essential to present a well-thought-out proposal and be prepared to answer any questions or address concerns.
Drafting and Refinement
If a legislator supports the idea, they may send it to a drafting agency. At this stage, it is crucial to provide as much information as possible to ensure the draft accurately reflects the proposal. Once the draft is received, it should be carefully reviewed, and if satisfactory, the legislator's commitment to sponsor the bill should be requested.
After a legislator agrees to sponsor the bill, it is introduced in the House or Senate. In the House, legislation is handed to the clerk or placed in the hopper, while in the Senate, members must gain recognition from the presiding officer to announce the bill's introduction. The bill is then assigned a number and sent to the Government Printing Office for duplication.
The bill is subsequently referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. This committee will research, discuss, and make changes to the bill. If substantial amendments are made, a "clean bill" incorporating these amendments may be ordered, replacing the previous version.
Committee Action and Amendments
The committee will hold discussions, revisions, and additions during a "mark-up" session. They will also prepare a written report explaining their support for the bill and the reasons for any amendments. Committee members who disagree with the bill may include a dissenting opinion in the report. The report, along with the amended bill, is then sent back to the chamber and placed on the calendar.
Vote by Chamber
The chamber must approve, change, or reject all committee amendments before conducting a final passage vote. If the bill passes in one body of Congress, it moves to the other body (the House or Senate) to undergo a similar process of research, discussion, changes, and voting.
This journey from idea to proposal is a critical phase in the legislative process, involving collaboration between citizens, legislators, and committees to shape potential laws. It ensures that diverse perspectives are considered and allows for amendments to create well-informed and carefully crafted proposals.
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Assigning the bill to a committee
Once a bill is introduced, it is assigned to a committee. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The actual referral decision is often made by the House or Senate parliamentarian. The bill is placed on the calendar of the committee to which it has been assigned. The committee members will then research, discuss, and make changes to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
The committee will hold a "mark-up" session to make revisions and additions, after which there is a vote by the full committee, and the bill is "ordered to be reported", followed by a written report explaining why they favor 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 then sent back to the whole chamber and is placed on the calendar. In the House, 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.
Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members). Comments about the bill's merit are requested by government agencies. A bill can be assigned to a subcommittee by the Chairman, and hearings may be held. Subcommittees report their findings to the full committee.
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Reviewing and amending the bill
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee may even choose to hold hearings to better understand the bill's implications and gather different viewpoints. If the committee does not act on a bill, it is considered "dead".
Bills may be referred to multiple committees, and parts of the bill may be sent to different committees. Subcommittees are organised under committees and have further specialisation on a certain topic. Subcommittees report their findings to the full committee. The committee will then meet to "'mark up' the bill, making changes and amendments before recommending the bill to the "floor".
If a committee votes not to report 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". Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting.
If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote. 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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Gaining approval from both Houses of Congress
It is important to distinguish between different types of resolutions at this stage. Simple resolutions, for example, are used to address matters within the purview of one house, such as revising standing rules or expressing condolences. They do not require approval from the other chamber or the president's signature and do not carry the force of law. Concurrent resolutions, on the other hand, are used for matters affecting both chambers, such as setting the time of Congress' adjournment or the annual congressional budget resolution. They must be passed in identical form by both houses but do not require the president's signature and do not have the force of law.
Joint resolutions can originate in either the House of Representatives or the Senate and are used for continuing or emergency appropriations, as well as proposing amendments to the Constitution. They require approval from both chambers and the president's signature to become law, except when amending the Constitution, in which case they require approval from two-thirds of both chambers and three-fourths of the states.
Once a bill has passed through both chambers of Congress, it is signed by the Clerk of the House and the Secretary of the Senate and transmitted to the Archivist of the United States for publication. If a bill is passed in identical form by both chambers and signed by the president, or repassed by Congress over a presidential veto, it becomes a law.
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Presidential approval and the veto
Once a bill has passed both houses of Congress, it must be presented to the President of the United States for approval or veto. The President has the authority to veto legislation passed by Congress, and this is one of the President's most significant tools to prevent the passage of legislation. The President can approve the bill and sign it into law, or refuse to approve it by vetoing it.
If the President chooses to veto a bill, it is sent back to Congress with a note listing their reasons for doing so. The bill's originating chamber can then attempt to override the veto by a vote of two-thirds of those present. If the veto is overridden in both chambers, the bill becomes law.
The President has 10 days (excluding Sundays) to act on the legislation; if they do nothing within this time frame, the legislation automatically becomes law. This is called a "pocket veto", and it cannot be overridden by Congress. A pocket veto occurs when the President fails to sign a bill after Congress has adjourned, and it is unable to override the veto.
The threat of a veto can bring about changes in the content of legislation long before the bill is ever presented to the President.
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Frequently asked questions
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 or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. The bill is then put before that chamber to be voted on.
Yes. The President can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.
