Cameron Miranda
The process of a bill becoming a law is a challenging one, with many opportunities for a bill to be killed before it becomes law. The process is intentionally long and difficult, set up this way by the nation's founders. The journey of a bill to becoming a law must pass through both houses of Congress and be signed into law by the President. The process must be completed during the same congressional session of its proposal, a period of one year. If it does not complete the process, it is dropped, and can only be revived through reintroduction and the process must begin again. Less than 10% of proposed bills become laws.
The first step is for a bill to be drafted. 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 also come 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. Once a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, and supporters and opponents of the legislation to be put on the record. If the committee does not act on a bill, the bill is considered to be dead.
| Characteristics | Values |
|---|---|
| Number of steps | 9 |
| First step | The bill is drafted |
| Second step | The bill is introduced |
| Third step | The bill goes to committee |
| Fourth step | Subcommittee review of the bill |
| Fifth step | Committee mark up of the bill |
| Sixth step | Voting by the full chamber on the bill |
| Seventh step | Referral of the bill to the other chamber |
| Eighth step | The bill goes to the president |
| Ninth step | Overriding a veto |
What You'll Learn
The bill must be approved by the House of Representatives, the Senate, and the President
The process of a bill becoming a law is a challenging one. Once a bill has been introduced, debated, and voted on in the House of Representatives, it must then go through the same process in the Senate. If the bill passes in the Senate, it is then sent to the President.
The President has several options when a bill reaches their desk. If they agree with the bill, they can sign it into law. If they disagree, they can veto it and send it back to Congress, where it can be overridden with a two-thirds majority vote in both the House and the Senate. If the President takes no action on the bill within 10 days and Congress is still in session, the bill will automatically become law. However, if Congress adjourns before the 10 days are up, the bill will not become law. This is known as a "pocket veto".
The President's power of veto is a significant challenge to a bill becoming a law. While Congress can override a veto, this requires a two-thirds majority in both chambers, which can be difficult to achieve. Additionally, the President's inaction on a bill can also effectively kill it if Congress adjourns before the 10-day period is up. Therefore, the approval of the President is a crucial, yet challenging, step in the process of a bill becoming a law.
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The bill must be passed during the same congressional session of its proposal
The legislative process in the United States is a lengthy and complex one, and any bill must be passed during the same congressional session of its proposal. This is a period of one year, and if the bill does not complete the process within this time frame, it is dropped. At this point, the bill can only be revived by reintroducing it and repeating the entire process.
The journey of a bill typically begins with a member of the U.S. Senate or House of Representatives, who drafts the bill. The bill is then introduced, either in the House or the Senate, depending on the sponsor. Once introduced, the bill is assigned to a committee, which will research, discuss, and make changes to the bill. The committee may also choose to hold hearings to better understand the implications of the bill and gather input from experts, government officials, and other stakeholders. If the committee does not act on the bill, it is considered dead.
If the bill passes the committee stage, it will be voted on by the full chamber. This involves additional debate and the approval of any amendments. If the bill is passed by the chamber, it will be referred to the other chamber, where it will go through a similar process of committee review and voting.
Throughout this process, there are many opportunities to kill a bill before it becomes law. In each house, a bill must survive committee consideration, floor debate, and possibly conference committees if the two chambers cannot agree on a single version of the bill. The high bar for passing a bill ensures that only well-considered and deliberate legislation becomes law.
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The bill must survive committee consideration
The committee stage is a critical phase in the life of a bill. It is here that the bill's fate is often decided. Committees are groups of representatives or senators with expertise in specific areas, such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether to send it back to the House or Senate floor. If the committee does not act on a bill, it is considered dead.
The committee stage involves several steps. First, the bill is referred to a committee. This referral is made by the Speaker of the House or the Parliamentarian on behalf of the Presiding Officer in the Senate. The committee then examines the bill and may hold hearings to better understand its implications. Hearings allow input from experts, government officials, lobbyists, and supporters and opponents of the bill. After the hearings, the bill is marked up or revised. The committee makes changes and amendments before recommending the bill to the floor. This procedure is called "ordering a bill reported". If the committee votes against the bill, it dies. If they vote in favour, the bill is reported to the floor.
The committee stage is also where a bill may be referred to a subcommittee. Subcommittees have further specialisation in a certain topic and often make changes to the bill. They must vote to refer the bill back to the full committee.
Once the bill has survived committee consideration, it is ready to be debated by the full House or Senate.
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The bill must survive floor debate
Once a bill has survived the committee stage, it must then survive floor debate. In the House of Representatives, a bill goes from committee to a special Rules Committee that sets time limits on debate and rules for adding amendments. If time limits are short and no amendments are allowed from the floor, the powerful rules committee is said to have imposed a "gag rule". Rules for debate on the Senate floor are much looser, with Senators being allowed to talk as much as they like about each bill. No restrictions on amendments are allowed in the Senate. This lack of rules has led to the occasional filibuster, where a senator talks a bill to death. Filibusters are prohibited in the House.
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The bill must survive conference committees
Conference committees are formed when the House and the Senate cannot agree on a bill. The two chambers of Congress may have passed different versions of the same bill, and a conference committee is tasked with merging the two versions. This committee is made up of members from the standing committees that sponsored the bill in each chamber. They work to create a compromise that both chambers can agree on.
Once the committee has reached an agreement, they prepare a conference report with recommendations for the final bill. This revised bill must then go back to the floor of each chamber and be passed by both the House and the Senate before it can be sent to the President for signing.
The conference committee plays a crucial role in resolving differences between the House and the Senate. If the committee is unable to reach an agreement, the bill dies. This step in the legislative process ensures that both chambers have a say in shaping the final version of the bill and provides an opportunity to address any concerns or disagreements.
While most bills that pass the first two stages of the legislative process do not need to go to a conference committee, those that are controversial, particularly important, or complex often do. This step adds to the time and complexity involved in passing a bill, but it also helps to ensure that the final version of the bill is carefully considered and has broad support.
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Frequently asked questions
The process for a bill to become a law is long and complex, and differs slightly depending on whether the bill is introduced in the House of Representatives or the Senate. However, in general, a bill must be introduced, assigned to a committee, voted on, and then presented to the President. If the President approves, the bill becomes a law.
There are many challenges to a bill becoming a law. In each house, a bill must survive being assigned to committee, floor debate, and conference committees. Most bills die in committee or subcommittee, where they are forgotten and never discussed. If a bill makes it to the floor for a vote, powerful committees can impose a "gag rule", limiting time for debate and forbidding any amendments. Even if a bill passes both houses of Congress, the President can veto it.
If the President vetoes a bill, Congress may attempt to override the veto. If two-thirds of both the Senate and the House pass the bill, the President's veto is overruled, and the bill becomes a law.
