Cameron Miranda
The process of a bill becoming a law is a complex one, and in the United States, the federal legislative powers are vested in Congress, which is made up of the Senate and the House of Representatives. Any member of Congress can introduce a bill, which is a proposal for a new law or a change to an existing one. The bill is then 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. If it 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, and then both chambers vote on the same version. If it passes, it is presented to the President, who can either approve it 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.
| Characteristics | Values |
|---|---|
| Introduction of a bill | Any member of Congress can introduce a bill. The person who introduces the bill is the sponsor, and any member of the same body can become a co-sponsor. |
| Referral to a committee | The bill is referred to a committee with jurisdiction over the primary issue of the legislation. Sometimes a bill will be referred to multiple committees or a subcommittee first. |
| Committee action | The chair of the committee determines whether there will be a hearing on the bill and whether there will be a markup. |
| Floor debate and votes | The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body of the House and the Senate, respectively, for debate and amendment and then final passage. |
| Referral to the other chamber | When the House or the Senate passes a bill, the bill is referred to the other chamber, where it usually follows the same route through committee and floor action. |
| Conference on a bill | If the House and Senate versions of the bill contain significant and/or numerous differences, a conference committee is officially appointed to reconcile the differences between the two versions in a single bill. |
| Action by the President | After the conference report has been approved by both the House and the Senate, the final bill is sent to the President. |
What You'll Learn
Bill introduction
Any member of Congress can introduce a bill. The person who introduces a bill is known as the sponsor, and any member of the same body (House or Senate) can add their name as a co-sponsor. A bill can be proposed by a sitting member of the US Senate or House of Representatives, or during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress. The bill is then given a number: H.R. signifies a House bill, and S. a Senate bill.
Once a bill is introduced, it is referred to a committee. 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. Committees are assigned certain subject matters under the rules of each House. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, immigration policy, bankruptcy, patents, copyrights, and trademarks. The committee may also refer a bill to a subcommittee for study and hearings.
The chair of the relevant committee determines whether there will be a hearing on the bill, which is an opportunity for witnesses to provide testimony. Committees provide a forum for the public to be heard, and a tremendous volume of work is done by members in this phase. Hearings on the President's Budget are required to be held by the Committee on Appropriations in open session within 30 days after its transmittal to Congress.
After hearings are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to 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".
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Committee referral
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee referral process is an important step in the amendment process, as it allows for a detailed examination of the bill and provides an opportunity for public input.
The committee referral process typically involves the following steps:
- Committee Assignment: The bill is referred to a specific committee based on the subject matter and expertise of the committee members. Both the House and the Senate have various committees that focus on different topics such as health, international affairs, etc.
- Subcommittee Review: The committee may refer the bill to a subcommittee for further specialization and study. The subcommittee may hold hearings and make changes to the bill before referring it back to the full committee.
- Committee Hearings: The committee may choose to hold hearings to gather input and testimony from various stakeholders, including experts, public officials, and supporters or opponents of the bill. This allows for a thorough examination of the bill and its potential implications.
- Committee Mark-up: After hearings and subcommittee review, the committee will meet to make changes and amendments to the bill. They will debate and discuss the bill, proposing and adopting amendments.
- Committee Vote: Once the committee has finished making changes, they will vote on whether to report the bill out of committee and send it to the full chamber. If the committee votes against reporting the bill, it dies and does not proceed further.
- Committee Report: If the committee votes to report the bill, the committee chair's staff will prepare a report describing the intent of the legislation, the legislative history, the impact on existing laws, and the position of the committee members. This report provides valuable insight into the bill and is presented to the full chamber for further consideration.
The committee referral process is a crucial step in the amendment process as it allows for a detailed examination of the bill, public input, and potential changes before it reaches the full chamber for a vote. It helps ensure that the bill is thoroughly vetted and amended as needed before proceeding further in the legislative process.
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Committee hearings
Once a bill has been introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. The committee chair determines whether there will be a hearing on the bill, which is an opportunity for witnesses to provide testimony. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. Hearings are an important part of the legislative process, as they allow all sides to be heard and make their views known. This is a safeguard of the American democratic way of life.
If the committee chair decides to hold a hearing, they will first determine the format of the hearing. This includes deciding who will testify, how long the hearing will last, and whether the hearing will be open to the public. The committee chair will also set the rules for the hearing, including the order of witnesses and the amount of time each witness will have to testify.
During the hearing, witnesses will present their testimony, and members of the committee will have the opportunity to ask questions. The hearing may also include a question-and-answer session where members of the public can submit questions to the witnesses. After all the witnesses have testified, the committee chair will close the hearing and thank the witnesses for their participation.
Following the hearing, the committee will meet to discuss the bill and any proposed amendments. This meeting is usually open to the public, and the committee will consider all sides of the issue before making a decision. The committee will then vote on the bill, and if it is approved, it will be sent back to the full chamber for further consideration. If the committee does not approve the bill, it may be sent back to the drawing board for further revisions.
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Floor debate
Once a bill has been introduced, assigned to a committee, and marked up, it is sent to the floor for debate and votes. The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body of the House and the Senate, respectively, for debate and amendment and then final passage.
In the House, a representative may offer an amendment to a bill only if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as the amendment is germane to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to be passed, although amendments are sometimes accepted by a voice vote (members say "Yea" or "Nay," and the loudest side wins).
The rules of debate in the House and Senate differ. In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be relevant to the subject of a bill—no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.
In the Senate, debate is unlimited unless cloture is invoked. Senators can speak as long as they want and amendments need not be germane—riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."
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Presidential action
Once a bill has been approved by both chambers of Congress, it is sent to the President for review. If the President approves of the legislation, they will sign it and it will become law. If the President does not take action for ten days while Congress is in session, the bill will automatically become law.
If the President opposes the bill, they may veto it. In addition, if no action is taken for ten days and Congress has already adjourned, there is a "pocket veto" and the legislation will not become law.
If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. The chamber that originated the legislation can then attempt to override the veto by a two-thirds majority vote. If the veto is overridden by both chambers, the bill becomes law.
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Frequently asked questions
The process begins with the introduction of a bill, which can be done by any member of Congress. A bill is a proposal for a new law or a change to an existing one. 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 is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The committee may also hold hearings to better understand the bill's implications and gather input from various stakeholders.
After the committee finishes its work, the bill is put before the chamber (either the House or the Senate) for a vote. If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting.
If a bill passes both the House and the Senate, the two bodies must work together to reconcile any differences between their versions of the bill. Once they agree on a final version, both chambers vote on it again. If it passes this final vote, it is presented to the President for approval.
If the President approves the bill, they sign it into law. However, if the President does not approve, they can veto the bill. In most cases, Congress can override a veto with a two-thirds majority vote, and the bill will then become a law.
If Congress is unable to override a veto, and the President does not sign the bill before Congress adjourns, the bill is considered vetoed by default. This is known as a "pocket veto," and it cannot be overridden by Congress.
