The process of a bill becoming a law is a lengthy one, with many steps and procedures to be followed. In the United States, the creation and modification of laws is the primary function of Congress, the legislative branch of the government. A bill is a proposal for a new law or a change to an existing one, and it can be initiated by a member of the Senate or House of Representatives, or even by citizens and advocacy groups. Once introduced, a bill goes through several stages of review, discussion, and voting before it can become a law. This includes being assigned to committees, undergoing revisions, and receiving approval from both the House and the Senate. Finally, the bill is sent to the President for approval, who can choose to sign it into law or veto it. If vetoed, Congress has the power to override the veto and pass the bill into law.
What You'll Learn
How a bill is proposed and introduced
The journey from an idea to a bill that can be introduced in Congress can vary depending on the idea's source. Anyone can propose a new law, whether they are a citizen, a group, or an organization outside of the government. They can write to their representative or senator to suggest new legislation. If a senator or representative likes the idea, they may decide to sponsor a bill—that is, introduce it in their chamber of Congress. Members of Congress often propose bills after hearing from their constituents or interest groups on a particular topic.
Bills usually originate in one of four ways: through suggestions from constituents or interest groups, from the president as part of their legislative agenda, from government agencies that are responsible for a particular area of policy, or from a bill that did not pass in a previous session of Congress. For example, a member of Congress may reintroduce a bill from two years ago that did not make it through the process in time to become law.
Once a member of Congress decides to sponsor a bill, they draft the legislation with the help of the Congressional Research Service, a nonpartisan government agency that provides research and analysis on a variety of topics to Congress. The bill is then introduced—that is, formally presented—in the House or the Senate. Bills are usually introduced at the beginning of a session of Congress, which starts in January of each odd-numbered year.
After a bill is introduced, it is assigned a number and referred to the appropriate committee for review. The committee considers the bill and can hold hearings on it, debate it, and offer amendments to change or improve it. If the committee approves the bill, it is reported to the full chamber (the House or the Senate), where it is placed on the calendar and awaits action by the full membership of that chamber.
This is just the beginning of the journey for a bill to become a law. The next steps include debate and potential amendment on the floor of the House or Senate, voting in both chambers, and, if the bill passes both chambers, presentation to the president for signature or veto.
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The bill goes to committee
Once a bill has been introduced, it is assigned to a committee. Committees are groups of representatives who are experts on specific topics, such as agriculture, education, or international relations. The committee members review, research, and revise the bill before voting on whether to send it back to the House floor. This process involves holding hearings to better understand the bill's implications and gathering expert opinions. If the committee requires further information before making a decision, the bill is sent to a subcommittee for closer examination.
The committee may also choose to hold a "mark-up" session, where they make changes and amendments to the bill. If the committee votes against reporting the bill, it dies. However, if they vote in favour, the bill is sent back to the House floor, where it is debated and changes are recommended. Once all changes have been made, the bill is ready for a vote.
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The bill is reported
Once a bill has been approved by a committee, it is sent or reported to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives.
When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.
There are three methods for voting on a bill in the U.S. House of Representatives:
- Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no."
- Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
- Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don't want to vote on the bill).
If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.
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The bill is voted on
Once a bill has been introduced, assigned to a committee, and reported, it is ready to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives:
- Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
- Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
- Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).
If a majority of the Representatives vote yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.
The process is similar in the Senate, with Senators voting by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.
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The bill is sent to the president
Once a bill has been approved by both the House of Representatives and the Senate, it is sent to the President for review. The President has three options:
- Sign and pass the bill, and it becomes a law.
- Refuse to sign or veto the bill. The bill is then sent back to the House of Representatives, along with the President's reasons for the veto. If the House of Representatives and the Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
- Do nothing, also known as a pocket veto. If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
A bill can be proposed by 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 citizens 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. The bill is then put before that chamber to be voted on. If it 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 then has the choice to approve the bill and sign it into law, or veto it. If the president chooses to veto, in most cases, Congress can vote to override that veto and the bill becomes a law.
While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.
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 it cannot be overridden by Congress.