The process of a bill becoming a law is a complex one, with many steps and potential setbacks. In the United States, the creation and modification of laws is the primary function of Congress, the legislative branch of the government. A bill is a proposal for a new law or a change to an existing one. 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 a number and given to the Government Printing Office to be copied. It is then sent to a committee, which will research, discuss, and make changes to it. After this, the bill is 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 reconcile any differences, and then both chambers vote on the same version. If it passes, they present it to the President, who can approve and sign it into law, or veto it. Congress can, in most cases, override a veto with a two-thirds majority vote, but if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, in what is known as a pocket veto.
What You'll Learn
The Bill Is Proposed
The journey of a bill to become a law begins with an idea. This idea 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 who recommend a new or amended law to a member of Congress that represents them.
Once a member of Congress has an idea for a law, they can draft a bill. The primary Congress member supporting the bill is called the "sponsor". Other members who support the bill are called "co-sponsors". The sponsor will then talk to other Representatives about the bill in hopes of getting their support for it.
In the U.S., only Representatives can introduce bills in the House of Representatives. In Australia, most bills are introduced by government ministers, but other members of parliament can also introduce their own bills, known as private members' or private senators' bills. In the Australian system, a Minister who wants to introduce a bill usually gives written notice of their intention to do so.
Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
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The Bill Is Introduced
The bill-making process begins with an idea, which can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed by citizens or citizen groups who recommend a new or amended law to their member of Congress. Once a bill is written, it needs a sponsor. The sponsor will talk with other Representatives to get their support before introducing the bill.
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 a bill is introduced, it is assigned a number that begins with H.R. and can be found on Congress.gov, the official government website that tracks federal legislation. 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.
In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, typically the next number available in sequence during that two-year Congress.
The Bill Goes to Committee
Once introduced, the bill is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members who are experts on different topics. The committee members review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee requires more information, the bill is sent to a subcommittee for further examination and to gather expert opinions.
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The Bill Goes to Committee
Once a bill is introduced, it is assigned to a committee. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The referral decision is often made by the House or Senate parliamentarian.
Committees are composed of groups of Congress members who are experts on topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor. Committees 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 members would like more information before deciding, the bill is sent to a subcommittee. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval. Subcommittees can also make changes to the bill and must vote to refer it back to the full committee.
After the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments before recommending the bill to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If they vote in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
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The Bill Is Voted On
Once a bill has been debated, amended, and finalised, it is ready to be voted on. This is the sixth step in the process of a bill becoming a law. 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 to 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.
However, if the bill does not receive a majority vote, it is rejected and does not proceed further. The bill may be reintroduced and undergo the same process at a later date if desired.
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The Bill Is Sent to the President
Once a bill has been approved by both the House and the Senate, it is sent to the President. At this stage, the President has several options. If the President agrees with the bill, they can sign it into law. In this case, the bill is then printed in the Statutes at Large. If the President does not agree with the bill, they can veto it and send it back to Congress, along with their reasons for doing so. Congress can then attempt to override the veto by holding another vote on the bill. If two-thirds of both the House and the Senate support the bill, the President's veto is overridden and the bill becomes a law. If Congress is in session and the President takes no action on the bill within 10 days, it automatically becomes law. However, if Congress is not in session and the President takes no action, the bill is pocket vetoed and cannot be overridden. In this case, if Congress still wants to pass the bill, they must start the entire process again.
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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 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.
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.
The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors".
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.