The legislative process is an important aspect of the American democratic way of life, with its emphasis on the protection of the minority and allowing all sides to be heard. In the United States, the federal legislative powers are vested in Congress, which consists of the Senate and the House of Representatives. The process by which a bill becomes a law at the national level can be outlined in the following steps:
1. Introduction of a Bill:
Any member of Congress, either from the Senate or the House of Representatives, can propose a bill. The bill is then introduced in the respective chamber (House or Senate) and assigned a number (e.g., H.R. for House bills and S. for Senate bills).
2. Referral to a Committee:
The bill is then referred to a committee, which studies and discusses the bill. Committees may hold hearings and invite experts and other stakeholders to provide testimony. If the committee supports the bill, it is reported to the full chamber. If not, the bill may die in committee.
3. Committee Markup and Amendments:
The committee will make changes and amendments to the bill, a process known as markup. This can include holding hearings, inviting experts, and gathering opinions before making revisions.
4. Floor Debate and Voting:
Once the bill reaches the floor of the chamber, there is additional debate, and members vote to approve any amendments. The bill is then passed or defeated by a majority vote.
5. Referral to the Other Chamber:
If the bill passes one chamber, it is referred to the other (House or Senate), where it goes through a similar process of committee review, markup, and voting.
6. Conference Committee:
If the two chambers pass different versions of the bill, a conference committee, consisting of members from both chambers, is formed to reconcile the differences and create a single bill. Both chambers must then vote to approve the conference report.
7. Presidential Action:
After both chambers have approved the bill, it is sent to the President for consideration. The President can choose to sign and pass the bill into law or veto it. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If Congress has adjourned, it results in a pocket veto, and the bill does not become law.
8. Veto Override:
If the President vetoes a bill, Congress can attempt to override the veto by holding another vote. If two-thirds of both the Senate and the House support the bill, the President's veto is overridden, and the bill becomes a law.
What You'll Learn
A bill is proposed by a member of the House or Senate
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.
The bill is then introduced, at which point it is assigned a number: H.R. signifies a House bill and S. a Senate bill. Only Representatives can introduce bills in the U.S. House of Representatives. A bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. Once a bill is introduced, it can be found on Congress.gov, which is the official government website that tracks federal legislation.
The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors". The Representative talks with other Representatives about the bill in the hopes of getting their support for it. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
The bill is then assigned to a committee whose members will research, discuss, and make changes to the bill. 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. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, and supporters and opponents of the legislation to be put on the record. If the committee does not act on a bill, the bill is considered to be "dead".
Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.
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 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.
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The bill is introduced
The process of introducing a bill is the first step in the journey of an idea becoming a law. The bill is the formal proposal for a new law or a change to an existing law.
Any member of Congress can introduce a bill, and the person who does so is known as the sponsor. Other members of Congress can also add their names as co-sponsors. The sponsor will talk to other members to try and get their support for the bill. Once a bill has a sponsor and the support of some members of Congress, it is ready to 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. A bill introduced in the House is placed in the hopper, a special box on the side of the clerk's desk. Only Representatives can introduce bills in the House. Once introduced, a bill is given a number: those beginning with H.R. are House bills, and those with S. are Senate bills.
Once introduced, a bill is referred to a committee. Committees are groups of members of Congress with a particular interest in a certain topic, such as health or international affairs. Committees will carefully examine the bill and determine its chances of passage by Congress. Committees may also hold hearings to better understand the implications of the bill, allowing the views of experts, public officials, and supporters and opponents of the bill to be put on the record. If a committee does not act on a bill, it is considered dead.
The committee may also refer the bill to a subcommittee for further study and hearings. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee. The committee will then meet to make changes and amendments to the bill. If the committee votes against the bill, it dies. If the committee votes in favour, the bill is reported to the floor.
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The bill goes to committee
Once a bill has been introduced, it is sent to a committee. Committees are groups of members of Congress who are particularly interested in and knowledgeable about a certain topic, such as health or international affairs. The committee will carefully examine the bill and determine its chances of passage by the entire Congress. They may also hold hearings to better understand the implications of the bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the bill to be put on record.
If the committee does not act on a bill, it is considered "dead". However, if the committee approves the bill, it is reported to the floor, a procedure called "ordering a bill reported". At this stage, the committee chair's staff will write a report of the bill, describing the intent of the legislation, its legislative history, its impact on existing laws and programs, and the position of the majority of committee members. The minority members of the committee may file dissenting views as a group or individually.
The committee may also refer the bill to a subcommittee, which is a group with further specialisation on a certain topic. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval.
Once the committee has completed its review, it will meet to "mark up" the bill, making changes and amendments before recommending it to the floor.
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The bill is voted on by the full chamber
Once a bill has been 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 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 a 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. There are three methods for voting on a bill:
- 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 referred to the other chamber
Once a bill has been passed by one chamber of Congress, it is referred to the other chamber, where it will go through a similar process of research, discussion, changes, and voting. The bill is first sent to a committee, which will carefully examine it and determine its chances of passage. The committee may also hold hearings to better understand the implications of the bill and gather the views of experts, public officials, supporters, and opponents of the bill.
The committee may then refer the bill to a subcommittee for further study and hearings. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval. Once the committee has approved the bill, it is sent to the floor of the chamber for debate and voting.
The bill then goes through additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes. If the bill is passed, it is referred to the other chamber, where it will go through the same process.
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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 drafted 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 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 then has the option 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.
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.
If the president chooses to veto a bill, but 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.