The process of how a bill becomes a law is a complex one, and it varies from country to country. In the United States, the process begins with the introduction of a bill, which 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, or it can be proposed by citizens or advocacy groups. Once introduced, the bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill then goes through a process of voting and approval by both chambers of Congress before being presented to the President for approval. The President can approve the bill, veto it, or take no action, which results in a pocket veto. If the President vetoes the bill, Congress can override the veto with a two-thirds majority vote in both chambers.
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 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 bill is drafted, it needs a sponsor. The member talks with other members to get their support. Once a bill has a sponsor and the support of some members, 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 members can introduce bills in the U.S. House of Representatives. When 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 members, and the Speaker of the House sends the bill to one of the House standing committees.
The committee members—groups of members who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee 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.
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 U.S. House of Representatives. When a bill is debated, members discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the members recommend changes. When all changes have been made, the bill is ready to be voted on.
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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 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 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, it is assigned 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.
The bill is then assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are groups of Representatives who are experts on topics such as agriculture, education, or international relations. The committee may also choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, 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".
Subcommittees are organized under committees and have further specialization on a certain topic. Committees may refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.
Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They 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 favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
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A bill is assigned to a committee
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee members are groups of Representatives who are experts on topics such as agriculture, education, or international relations. The committee will also review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members want more information before deciding, the bill is sent to a subcommittee. While in the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.
The committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include 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 staff then prepares a written report explaining why they favor the bill and why they wish to see their amendments 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.
In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: members can move rules to be suspended (which requires a two-thirds vote), a discharge petition can be filed, or the House can use a Calendar Wednesday procedure.
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A bill is voted on
Once a bill has been introduced, assigned a number, and sent to the Government Printing Office to be copied, it is placed before the House or the Senate to be voted on.
There are three methods for voting on a bill in the U.S. House of Representatives: viva voce, division, and recorded. In the first method, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In the second method, the Speaker asks those who support the bill to stand up and be counted, and then those who oppose the bill to do the same. In the third method, Representatives record their vote using the electronic voting system, selecting "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 and is then sent to the Senate.
In the Senate, voting is done by voice. Senators 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 Senate and is then sent to the President.
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A bill is sent to the President
Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review. The President has three options:
- Sign and pass the bill, which becomes a law.
- Refuse to sign or veto the bill, which is sent back to the House of Representatives along with the President's reasons for the veto. If the House and the Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
- Do nothing, which is called a "pocket veto". If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does 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.
A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, or be part of 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 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 it passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law, or refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.