The Legislative Process: Bills To Laws

how a bill becomes a law bills and resolutions

Bills are legislative proposals that, if passed by both the House and the Senate and approved by the President, become 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 introduced, a bill is 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. Then, both chambers vote on the same version of the bill, and if it passes, it is presented to the President. The President can 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.

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A bill is proposed

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.

Any member of Congress – from the Senate or the House of Representatives – who has an idea for a law can draft a bill. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "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, legislation is handed to the clerk of the House or placed in the hopper. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

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A bill is introduced

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 citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.

Any member can introduce a piece of legislation. In the House, legislation is handed to the clerk of the House or placed in the hopper. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.

Once introduced, a bill is assigned a number based on the order in which it was introduced. Bills are prefixed with H.R. when introduced in the House and S. when introduced in the Senate.

Committee Action

The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.

Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. In the House, bills 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).

Subcommittee Review

The Chairman of the committee may assign the bill to a subcommittee. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

Committee Mark-up

When the hearings and subcommittee review 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 favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Voting by the Full Chamber

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' vote.

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A bill is assigned to a committee

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. 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. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. The Speaker of the House may also set time limits on committees.

A bill is placed on the calendar of the committee to which it has been assigned. Failure to act on a bill is equivalent to killing it. In the House, bills 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). The Chairman can also assign the bill to a subcommittee.

The committee will request comments about the bill's merit from government agencies. Hearings may be held to better understand the implications of the bill. The views of the executive branch, experts, other public officials, supporters, and opponents of the legislation are put on the record.

The subcommittee will report its findings to the full committee. There is then a vote by the full committee – the bill is "ordered to be reported". The committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded.

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A bill is voted on

Once a bill has been introduced and assigned to a committee, it is then put before the chamber to be voted on. In the House of Representatives, the Committee of the Whole debates and amends the bill, but it cannot technically pass it. The committee decides how much time to allot to each person, and debate is guided by the Sponsoring Committee. Amendments must be relevant to the subject of the bill, and no riders are allowed. The bill is then reported back to the House and voted on. A quorum call is a vote to ensure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or send the Sergeant at Arms out to round up missing members.

In the Senate, debate is unlimited unless cloture is invoked. Senators can speak for as long as they want, and amendments need not be relevant to the bill – 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".

If the bill is passed, it is then sent to the other chamber, unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill, then it dies. If the House and Senate pass the same bill, then it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee.

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A bill is presented to the president

Once a bill has been approved in identical form by both the House and the Senate, it is presented to the President. If the President approves of the bill, they can sign it and it becomes law. If the President takes no action for ten days while Congress is in session, the bill will automatically become law. However, if Congress adjourns before the ten days are up and the President hasn't signed, the bill will not become law. This is known as a 'pocket veto'.

If the President opposes the bill, they have the power to veto it, and it will be sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto with a two-thirds majority in both the House and the Senate, and if this occurs, the bill becomes law.

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Frequently asked questions

A bill is a proposal for a new law or a change to an existing law.

Any member of the U.S. Senate or House of Representatives can introduce a bill. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress.

Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to the bill. 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.

The president can choose to approve the bill and sign it into law, or refuse to approve it (veto it). If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.

The majority of legislative proposals are in the form of bills. Bills deal with domestic and foreign issues and programs, and they also appropriate money to various government agencies and programs. Resolutions are used primarily to express the sense of one or both chambers. They do not require the president's signature and do not have the force of law.

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