The process of a bill becoming a law is a complex one, and it differs slightly between the House of Representatives and the Senate. In this paper, we will outline the key steps and stakeholders involved in this process, highlighting the variations between the two houses where relevant. We will also discuss the role of the President and the potential for a bill to be vetoed. Finally, we will consider the emergency legislation process and the unique position of the District of Columbia in this regard.
What You'll Learn
Drafting the bill
The first step in the legislative process is the formulation of an idea for a bill. This can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be suggested by citizens or advocacy groups. Citizens with ideas for new laws can contact their Representatives to discuss their ideas, and if the Representatives agree, they will research and draft the bill.
Once the bill has been written, it needs a sponsor. The Representative will talk with other Representatives to get their support for the bill. The sponsor is the primary Congress member supporting the bill, and any other members who support the bill are called co-sponsors. Once a bill has a sponsor and the support of other Representatives, it is ready to be introduced.
In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a box on the side of the clerk's desk. Only Representatives can introduce bills in the House. The bill is then given a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends it to one of the House standing committees.
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Introducing the bill
The process of a bill becoming a law begins with an idea. These ideas can come from a variety of sources, including citizens, advocacy groups, or members of Congress—specifically, the House of Representatives or the Senate. Citizens with ideas for new laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills. In other cases, members of Congress themselves may have ideas for new laws or changes to existing ones, which they can propose during their election campaigns.
Once a bill has been drafted, it needs a sponsor. The sponsor is the primary Congress member supporting the bill. The Representative who wrote the bill talks with other Representatives to get their support. These additional supporters are called "co-sponsors". Once a bill has a sponsor and the support of other Representatives, it is ready to be introduced.
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. Only Representatives can introduce bills in the House. Once introduced, the bill is given a number that begins with H.R. It is then read by a clerk to all the Representatives, after which the Speaker of the House sends the bill to one of the House standing committees.
In the Senate, the process is slightly different. 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 is postponed until the following day.
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Committee review
Once a bill is introduced, it is assigned to a committee. The committee is made up of groups of representatives or council members who are experts on the topic the bill addresses. The committee reviews, researches, discusses, and makes changes to the bill before voting on whether to send it back to the House floor. The committee may also choose to hold hearings to better understand the implications of the bill. These hearings allow the views of experts, government officials, and supporters and opponents of the bill to be put forward.
If the committee decides it needs more information before deciding on the bill, it may be sent to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee reviews are completed, the committee will meet to make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes 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 committee will then vote on the bill, which is then "ordered to be reported". If the committee votes against the bill, it dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". The bill is then sent to the rules committee, which chooses which bills the entire House or Senate should vote on. The rules committee reviews the bill and decides whether or not to move it to the next step.
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Voting on the bill
Once a bill has been introduced and assigned to a committee, it will be reviewed, researched, and revised. The committee may also hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, it is considered dead. If the committee chooses to review the bill, they will vote on whether to send it back to the full chamber.
Once the bill reaches the full chamber, there is additional debate, and members vote to approve any amendments. The bill is then passed or defeated by a majority vote. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce (voice vote), division, and recorded. In the U.S. Senate, senators vote by voice, saying "yea" to support the bill and "nay" to oppose it.
If the bill passes in one body of Congress, it will go to the other body to go through a similar process of research, discussion, changes, and voting. If the bill passes both the House and the Senate, it is then sent to the President for review. The President can approve the bill and sign it into law, or they can refuse to approve it, known as a veto. If the President chooses to veto the bill, Congress can vote to override the veto, and the bill will become a law. However, if the President does not sign off on the bill and Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto, which cannot be overridden.
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Presidential approval
Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review and approval. The President can take one of three actions: they can sign the bill into law, refuse to sign it (veto it), or do nothing.
If the President approves of the bill, they will sign it, and it will become a law. If the President does not agree with the bill, they can veto it, sending it back to Congress with a note outlining their reasons for the veto. Congress can then attempt to override the veto, and if two-thirds of both the House and the Senate support the bill, it will become a law.
If the President does nothing, the outcome depends on whether Congress is still in session. If the President takes no action for ten days while Congress is in session, the bill will automatically become law. However, if Congress has adjourned before the ten days are up, there will be a "pocket veto", and the bill will not become law.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
The process for a bill to become a law involves multiple steps, including being drafted and introduced, going through committee reviews and votes, passing in both chambers of Congress, and finally being approved by the President.
If the President vetoes a bill, Congress can attempt to override the veto with a two-thirds majority vote in both the House and the Senate. If the veto is overridden, the bill becomes a law.