The process of a bill becoming a law is a complex one, fraught with potential bill death at every corner. In the US, the journey of a bill to becoming a law involves the roles of Congress, special interest groups, and the President. There are nine steps a bill can go through before becoming a law. The process begins with the proposal of a bill, which can be introduced by any member of Congress. The bill is then referred to a committee, which examines and determines its chances of passage. Following this, the bill goes through a subcommittee review and committee mark-up before reaching the floor for voting. If passed, the bill is referred to the other chamber, where it may be approved, rejected, ignored, or changed. After approval by both chambers, the bill is sent to the President, who may approve, veto, or take no action on it. If vetoed, Congress may attempt to override the veto.
What You'll Learn
A bill is proposed
The legislative process officially begins with a proposal in one of four forms: a bill, joint resolution, concurrent resolution, or simple resolution. Bills are the most common form of legislation. While most bills can originate in either the U.S. House of Representatives or the U.S. Senate, bills regarding revenue always begin in the House. There are two types of bills: public and private. Public bills affect the general public, while private bills affect a specific individual or group.
Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors".
In the U.S. House of Representatives, any member, delegate, or resident commissioner may introduce a bill at any time the House is in session. To officially introduce the bill, the member places it in the "hopper", a wooden box on the side of the clerk's desk. The member introducing the bill is known as its primary sponsor, and an unlimited number of members can co-sponsor a bill.
When a bill is introduced, the title of the bill is entered in the House Journal and printed in the Congressional Record. The clerk assigns the bill a legislative number and the speaker of the House assigns the bill to the appropriate committee.
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A bill is introduced
Any member of Congress – from the Senate or the House of Representatives – can draft a bill. These ideas can come from Congress members themselves, or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support it 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.
Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation. The title of the bill is entered in the House Journal and printed in the Congressional Record. The Clerk assigns the bill a legislative number and the Speaker of the House assigns the bill to the appropriate committee.
In the U.S. House of Representatives, any Member, Delegate, or Resident Commissioner may introduce a bill at any time the House is in session. To officially introduce the bill, the Member places it in the "hopper", a wooden box on the side of the Clerk's desk. The Member introducing the bill is known as its primary sponsor, and an unlimited number of Members can cosponsor a bill.
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A bill goes to committee
Once a bill has been introduced, it is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The actual referral decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee, and parts of a bill may be 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. Bills in the House 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). Comments about the bill's merit are requested by government agencies.
The Chairman may assign a bill to a subcommittee. Hearings may be held, and subcommittees report their findings to the full committee. Finally, there is a vote by the full committee, and 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. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
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A bill is reported
Once a bill has been approved by a committee, it is sent, or reported, to the House floor. This is when the bill is ready to be debated by the U.S. House of Representatives.
During the debate, Representatives discuss the bill and explain why they agree or disagree with it. A reading clerk then reads the bill section by section, and the Representatives recommend changes. Once 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 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.
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A bill is voted on
Once a bill has been introduced and gone through the committee stage, it is ready to be voted on. This is also known as the "floor" stage. The bill will be debated and members of the full chamber will vote to approve any amendments. The bill is then passed or defeated by the members' votes. If the bill passes in the first chamber, it is sent to the other chamber, where it will follow the same process.
When a bill is voted on, there are three methods for collecting votes: viva voce, division, and recorded. Viva voce is when the Speaker asks members to say "aye" or "no". Division involves the Speaker asking those in favour to stand and be counted, and then doing the same for those who oppose. The most common way to collect votes is the recorded method, where members use electronic voting cards or paper ballots.
If a bill passes in both chambers, it is sent to the President. If the President approves, they will sign it, and it becomes a law. If the President does not approve, they can veto the bill. If the President takes no action for ten days while Congress is in session, the bill will automatically become law. If Congress has adjourned before the ten days are up, there is a "pocket veto".
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Frequently asked questions
The first step is for the bill to be drafted by any member of Congress – either from the Senate or the House of Representatives. The primary Congress member supporting the bill is called the "sponsor", and 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.
Public bills affect the general public, while private bills affect a specific individual or group.