The process of a bill becoming a law in the United States is a lengthy one. Once a bill is introduced, it is assigned to a committee, researched, discussed, and amended before being put to a vote. If the bill passes in one body of Congress, it goes through the same process in the other body. 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, it is presented to the President. The President then has ten days to sign the bill into law or veto it. If the President chooses to veto a bill, Congress can vote to override the veto, and the bill becomes a law.
Characteristics | Values |
---|---|
Who can introduce a bill? | Any member of Congress or anyone can write it |
Who sponsors a bill? | A representative |
What is the bill first assigned to? | A committee for study |
What is the next step if the bill is released by the committee? | Put on a calendar to be voted on, debated or amended |
What is the next step after the bill is voted on? | It moves to the Senate |
What is the next step after the bill is passed in the Senate? | A conference committee made of House and Senate members works out any differences between the House and Senate versions of the bill |
What is the next step after the differences are worked out? | The bill is sent to the President for review |
What is the next step after the bill is sent to the President? | The President can sign it into law or refuse to approve it (veto it) |
What is the next step if the President vetoes the bill? | Congress 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 |
What is the next step after a bill is enacted? | It is delivered to the Office of the Federal Register at the National Archives, assigned a public law number, and included in the next edition of the United State Statutes at Large |
What You'll Learn
The process of a bill becoming a law
The legislative process begins with the introduction of a bill, which is a proposal for a new law or a change to an existing one. Any member of Congress can introduce a bill, and the idea can come from a sitting member of Congress or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend changes to their representatives. Once introduced, the bill is assigned a number (e.g., HR 1 or S 1) and referred to an appropriate committee.
Committee Consideration
The committee, consisting of members who will research, discuss, and make changes to the bill, plays a crucial role in the legislative process. The bill is then sent to the Government Printing Office (GPO) for copying, and members can cosponsor the legislation. The committee may refer the bill to subcommittees for further examination and hearings. Ultimately, the committee will vote on the bill, deciding whether to approve it, amend it, or reject it.
Floor Consideration and Passage
After the committee stage, the bill is brought to the floor of the chamber where it originated for debate and voting. The bill's sponsor will present it, and members can propose amendments. If the bill passes this chamber, it moves to the other chamber, where it undergoes a similar process of research, discussion, amendments, and voting.
Reconciliation and Passage
Once the bill has passed both chambers, the differences between the two versions need to be reconciled. This is done by a conference committee, which includes members from both chambers. They work to reach a compromise and prepare a conference report. Both chambers must then approve this report.
Presidential Review
The bill is then sent to the President for review and consideration. The President has several options: they can approve the bill and sign it into law, or they can refuse to approve it by issuing a veto. If the President chooses to veto the bill, Congress has the power to override that veto. A two-thirds majority vote in both chambers is required to override the veto and pass the bill into law.
Enactment
Once a bill is signed by the President or has its veto overridden, it becomes a law. It is assigned an official number and is delivered to the Office of the Federal Register, where it is recorded and published. This marks the completion of the legislative process, and the new law comes into effect.
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The role of Congress in the legislative process
The legislative process begins with a bill, which is a proposal for a new law or a change to an existing one. Any member of Congress can introduce a bill, which is then assigned to a committee for study. The committee will research, discuss, and make changes to the bill before reporting on why they favour it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body.
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 for review.
The president can approve the bill and sign it into law within ten days, 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 Congress is no longer in session, the bill will be vetoed by default, known as a "pocket veto", and cannot be overridden by Congress.
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The President's options when receiving a bill
The President has several options when receiving a bill from Congress. Firstly, they can choose to sign the bill, which results in it becoming a law. Alternatively, they can veto the bill, refusing to sign it and returning it to the originating house of Congress, along with a veto message outlining their reasons. This veto can be overridden by Congress with a two-thirds majority vote in both chambers, allowing the bill to become law despite the President's objections.
The President can also choose to take no action on a bill for ten days, excluding Sundays, allowing it to become law without their signature. However, if Congress adjourns before the ten-day period ends and the President has not signed the bill, it does not become law, resulting in a "pocket veto". This type of veto cannot be overridden by Congress.
In some cases, the President may have the option to return the bill to Parliament or the Lok Sabha for reconsideration, although this appears to be specific to certain contexts or types of bills.
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The override of a presidential veto
The presidential veto is a powerful tool that allows the President to block a bill from becoming law. However, Congress has the power to override a presidential veto and enact the bill into law, even without the President's signature. This process is outlined in Article 1, Section 7 of the US Constitution.
Once a bill has been passed by both chambers of Congress, it is presented to the President for approval. The President has ten days, excluding Sundays, to consider the bill. If the President approves, they will sign the bill, and it becomes law. However, if the President does not approve, they can veto the bill, returning it to the chamber where it originated, along with a note listing their reasons for the veto.
To override a presidential veto, the chamber where the bill originated must first vote to override it. This requires a two-thirds majority of those present. If the veto is overridden in this chamber, the bill is then sent to the other chamber, which must also vote to override the veto by a two-thirds majority. Only if both chambers vote to override the veto does the bill become law, despite the President's objections.
A successful override of a presidential veto is rare. However, it serves as a critical check and balance in the legislative process, ensuring that Congress has the final say in passing laws. This process underscores the separation of powers between the executive and legislative branches of the US government.
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The different types of legislation
The process of a bill becoming a law begins with its introduction. Any member of the House of Representatives or the Senate can introduce a piece of legislation. The bill is then assigned a number (e.g. HR 1 or S 1) and a sponsor. It is then sent to the Government Printing Office (GPO) for copying.
After this, the bill is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will hold a "mark-up" session to make revisions and additions. If substantial amendments are made, a new bill, called a "clean bill", will be introduced, including the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
Once the bill has been 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 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 approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can, in most cases, 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. This action is called a "pocket veto" and cannot be overridden by Congress.
There are four principal forms of Congressional Action:
- Bills: The form used for most legislation, whether permanent or temporary, general or special, public or private. Bills become binding law and part of the United States Code when passed by the House and Senate and signed by the President. Bills are prefixed with H.R. when introduced in the House and S. when introduced in the Senate, followed by a number based on the order in which they are introduced. Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect certain individuals and organisations.
- Joint Resolutions: There is little practical difference between a bill and a joint resolution. Both are subject to the same procedure, except for a joint resolution proposing an amendment to the Constitution. On approval of such a resolution by two-thirds of both the House and Senate, it is sent directly to the states for ratification and does not require the President's approval. Joint resolutions are generally used for continuing or emergency appropriations.
- Concurrent Resolutions: Matters affecting the operations of both the House of Representatives and the Senate are usually initiated by means of concurrent resolutions. Concurrent resolutions must be passed in the same form by both houses but do not require the President's signature and do not have the force of law. They are used to make or amend rules that apply to both houses and express the sentiments of both.
- Simple Resolutions: A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one chamber. Simple resolutions are also used to express the sentiments of a single house and do not require the approval of the other house nor the President's signature. They do not have the force of law.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
The President has 10 days to sign or veto the enrolled bill.
If the President does not sign a bill within 10 days and Congress is still in session, the bill will become law without their signature. If Congress adjourns before the 10 days are up and the President has not signed, the bill will not become law. This is called a "pocket veto".
Yes, in most cases, Congress can override a presidential veto by holding a successful override vote, which requires a two-thirds majority in both chambers.