Gavin Howe
The process of how a bill becomes a law involves multiple stages and stakeholders. It begins with an idea, which can come from a member of the U.S. Senate or House of Representatives, or even a citizen. This idea is then drafted into a bill, which is essentially a proposal for a new law or a change to an existing one. The bill is introduced and assigned a number, after which it goes through a series of committee reviews, discussions, and revisions. The bill is then voted on, and if it passes one body of Congress, it moves to the other body for a similar process. Once both bodies approve, they reconcile any differences, and the bill is presented to the President for approval. The President can approve, veto, or take no action on the bill, with the latter two potentially leading to an override vote in Congress. If the bill passes through all these stages, it becomes a law.
| Characteristics | Values |
|---|---|
| Where do ideas for bills come from? | Members of the U.S. Senate or House of Representatives, citizen groups, or citizens |
| Who drafts the bill? | The primary Congress member supporting the bill is called the "sponsor" |
| What is the bill's path? | The bill is introduced, assigned to a committee, reported, voted on, referred to the other chamber, and then sent to the President |
| What happens if the President approves the bill? | The bill becomes a law |
| What happens if the President vetoes the bill? | The bill is sent back to Congress with a note listing their reasons; Congress can then attempt to override the veto with a two-thirds majority vote |
| What is a pocket veto? | If Congress adjourns before 10 days have passed and the President has not signed the bill, it does not become law |
What You'll Learn
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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a member of Congress has an idea for a law, they can draft a bill. These ideas are recorded on paper in a drafting style developed to ensure clarity of intent and consistency of presentation. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors". When a Representative has written a bill, they will discuss it with other Representatives in the hopes of getting their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
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 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 U.S. House of Representatives. When a bill is introduced in the U.S. House of Representatives, a bill clerk assigns it 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 the bill to one of the House standing committees.
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The bill is introduced
After introduction, a bill is assigned to a committee. The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee. Committees are composed of groups of Congress members with expertise in the subject matter that the bill addresses. The bill is placed on the committee's calendar, and the committee may choose to review it, or not. If the committee does not act on a bill, it is considered "dead". If the committee chooses to review the bill, they will research, discuss, and make changes to it. They may also hold hearings to better understand the implications of the bill, allowing the views of experts, public officials, supporters, and opponents to be put on the record.
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The bill goes to committee
Once a bill is introduced, it is assigned to a committee. The committee is a group of Representatives who are experts on the topics the bill addresses, such as agriculture, education, or international relations. The committee will review, research, and revise the bill before voting on whether or not to send it back to the House floor. The committee may also choose to 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".
Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.
Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They will 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".
After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
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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. At this stage, the bill is ready to be debated by the U.S. House of Representatives. Representatives discuss the bill, explaining their reasons for supporting or opposing it. A reading clerk then reads the bill section by section, and 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. The first is viva voce, where the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". The second is division, where the Speaker asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. The third method is recorded, where representatives record their vote using the electronic voting system. They can vote yes, no, or present if they don't want to vote on the bill. If a majority of Representatives vote yes, the bill passes in the U.S. House of Representatives. It is then certified by the Clerk of the House and delivered to the U.S. Senate.
When a bill reaches the Senate, it goes through a similar process. It is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators vote "yea", the bill passes in the U.S. Senate and is ready to go to the President.
The process for how a bill becomes a law can vary slightly depending on the specific governmental body. For example, in the District of Columbia, once a bill has been reported out of committee, it is considered by a special committee of the Council called the Committee of the Whole, or "COW" for short. This committee comprises all 13 members of the Council. At a meeting of the COW, the Council prepares all the bills that will be considered for vote at the next legislative meeting. The bill is placed on the agenda of the upcoming legislative meeting, along with all other matters that will come before the Council.
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The bill is voted on
Once a bill has been introduced, assigned to a committee, and reported back to the House floor, it is ready to be voted on. In the U.S. House of Representatives, 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.
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.
If a bill has passed in both the U.S. House of Representatives and the U.S. Senate, it is then sent to the President. The President then considers the bill and has three options: they can sign and pass the bill, which becomes a law; refuse to sign or veto the bill, sending it back to the House of Representatives with their reasons for the veto; or do nothing, which is called a "pocket veto." If the President chooses to veto a bill, Congress can vote to override that veto with a two-thirds majority vote, and the bill will 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.
The process for a bill to become a law involves multiple steps, including drafting, introduction, committee review, voting, and approval by the President.
If the President vetoes a bill, Congress can attempt to override the veto. A two-thirds majority vote in both the House and the Senate is required to override the veto and turn the bill into law.
