The process of how a bill becomes a federal law in the United States is a complex one. The legislative powers to consider bills and enact laws reside with Congress, which is made up of the US Senate and the House of Representatives. The journey of a bill to become law involves multiple steps, including drafting, introduction, committee review, voting, referral to the other chamber, conference, and finally, action by the President.
Firstly, any member of Congress can introduce a bill, which is then given a number – H.R. for a House bill and S. for a Senate bill. The bill is then referred to a committee, either in the House or the Senate, which has jurisdiction over the primary issue. Committees are groups of Representatives or Senators with expertise in specific topics such as agriculture, education, or international relations. The committee reviews, researches, and revises the bill, and may hold hearings to gather expert opinions and better understand the implications of the bill.
Once the committee has completed its work, the bill is reported to the respective chamber's floor for debate and voting. Representatives or Senators discuss the bill, explaining their agreement or disagreement. Amendments can be proposed, and once all changes have been made, a vote is held. If a majority approves the bill, it is certified by the Clerk of the House or the Secretary of the Senate and delivered to the other chamber.
In the second chamber, the bill goes through a similar process of committee review and floor voting. If both chambers pass the bill, it is sent to the President for review. The President has three options: signing and passing the bill into law, vetoing it, or doing nothing (a pocket veto). If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority vote in both chambers. If the veto is overridden, the bill becomes a law.
Characteristics | Values |
---|---|
Idea for 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. |
Introduction of bill | 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. |
Numbering of bill | A bill clerk assigns it a number that begins with H.R. (House bill) or S. (Senate bill). |
Committee | The bill is then referred to a committee with jurisdiction over the primary issue of the legislation. Sometimes a bill will be referred to multiple committees or a subcommittee first. |
Committee action | The committee members review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. |
Subcommittee review | The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. |
Committee markup | The committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". |
Committee report | The committee chair’s staff write a report of the bill, describing the intent of the legislation, the legislative history, the impact on existing laws and programs, and the position of the majority of members of the committee. |
Floor debate and votes | There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce (voice vote), Division, and Recorded. |
Referral to the other chamber | When the House or the Senate passes a bill, the bill is referred to the other chamber, where it usually follows the same route through committee and floor action. |
Conference on a bill | If the House and Senate versions of the bill contain significant and/or numerous differences, a conference committee is officially appointed to reconcile the differences between the two versions in a single bill. |
Action by the President | The President can sign and pass the bill, refuse to sign or veto the bill, or do nothing (pocket veto). If the President chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. |
What You'll Learn
A bill is proposed
The first step in the process of a bill becoming a federal law is the proposal of the bill. 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 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 bill, they write it. When a Representative has written a bill, the bill needs a sponsor. The Representative talks with other Representatives about the bill in 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.
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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A bill is introduced
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 it can be proposed by citizens or citizen groups who recommend a new or amended law to their Congressional representative. Once a 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. Once a bill is introduced, 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.
In the Senate, 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 of the bill is postponed until the next day.
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A bill goes to committee
Once a bill has been introduced, it is sent to a committee. The committee is made up of groups of Representatives who are experts on topics such as agriculture, education, or international relations. The committee members review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.
The committee chair determines whether there will be a hearing on the bill, which is an opportunity for witnesses to provide testimony. The chair then decides whether there will be a markup, which is the process by which the proposed bill is debated, amended, and rewritten. Usually, a subcommittee holds the hearing, and then the bill can be marked up, first in subcommittee and then in full committee. After amendments are adopted or rejected, the chair can move to vote the bill out of committee. If the committee votes not to report the 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".
The committee chair's staff writes a report of the bill, describing the intent of the legislation, the legislative history, the impact on existing laws and programs, and the position of the majority of committee members. The members of the minority, including the Ranking Member, may file dissenting views as a group or individually. A copy of the bill as marked up is usually printed in the Committee Report.
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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. When 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, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will then vote on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. The subcommittee will then closely examine the bill and gather expert opinions before sending it back to the committee for approval.
Once the committee has approved a bill, it is sent or reported to the House floor. Once reported, a bill is ready to be debated by the House of Representatives. Representatives will discuss the bill and explain why they agree or disagree with it. A reading clerk will then read the bill section by section, and the Representatives will recommend changes. When all changes have been made, the bill is ready to be voted on.
There are three methods for voting on a bill in the 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 asks 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 House of Representatives. The bill is then certified by the Clerk of the House and delivered to the Senate.
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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 must be approved by the U.S. House of Representatives, the U.S. Senate, and the President.
If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto by a two-thirds majority vote. If the veto is overridden in both chambers, the bill becomes a law.
If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This is known as a pocket veto and cannot be overridden by Congress.