Kara Sears
The process of a bill becoming a law is a long and complex one. 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 a bill is introduced, it is assigned a number and sent to a committee, which will research, discuss, and make changes to it. The bill then goes through a process of voting, first in one body of Congress and then the other, before being presented to the president for approval. If the president approves, the bill is signed into law. If not, the president can veto the bill, but Congress can override this veto with a two-thirds majority vote in both chambers, and the bill will still become a law.
| Characteristics | Values |
|---|---|
| Step 1 | A bill is drafted by a member of Congress. |
| Step 2 | The bill is introduced. |
| Step 3 | The bill goes to committee. |
| Step 4 | Subcommittee review of the bill. |
| Step 5 | Committee mark-up of the bill. |
| Step 6 | Voting by the full chamber on the bill. |
| Step 7 | Referral of the bill to the other chamber. |
| Step 8 | The bill goes to the president. |
| Step 9 | Overriding a veto. |
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What You'll Learn
The bill is drafted
The first step in the law-making process is the drafting of the bill. 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. Citizens with ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills. 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 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
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 bill is then assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored and members can cosponsor the piece of legislation.
The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. This decision is usually made by the House or Senate parliamentarian. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.
Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
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The bill goes to committee
Once a bill has been introduced, it is assigned to a committee. Committees are groups of members of Congress who are particularly interested in different topics, such as health or international affairs. The committee will research, discuss, and make changes to the bill.
The committee may 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 bill to be put on the record. 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 a bill back to the full committee.
Once 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 against reporting 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".
When the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting.
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The bill is voted on
Once a bill has been introduced, assigned to a committee, and reported, it is put before the chamber to be voted on. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no". In a division vote, the Speaker asks supporters of the bill to stand up and be counted, and then asks opponents to do the same. In a recorded vote, Representatives record their vote using an electronic voting system, and 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 House and is then sent to the U.S. Senate.
In the Senate, Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea", the bill passes in the Senate and is then sent to the President. If the House and Senate pass different versions of the bill, it is sent to a Conference Committee, which works to resolve the differences between the two versions. The committee is usually made up of senior members from each house who were involved in the bill's original passage through their respective chambers. If the Conference Committee reaches a compromise, it prepares a written report that is submitted to each chamber for approval.
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The bill is sent to the President
Once a bill has been approved 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. The bill is then sent back to the House of Representatives, along with the President's reasons for the veto. If the House of Representatives 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 (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 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 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 bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If the bill 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 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 can approve the bill and sign it into law, or they can refuse to approve it, which 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.
The first step is for the bill to be drafted. Any member of Congress can draft a bill, and these ideas can come from the members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other supporting members are called "co-sponsors".
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 can be found on Congress.gov.
After being introduced, the bill is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with particular interests. The committee will examine the bill and determine its chances of passage by Congress. The committee may also hold hearings to better understand the bill's implications. If the committee does not act on a bill, it is considered "dead".
The bill is then sent to a subcommittee for further review 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 make revisions and amendments. If the committee votes in favor of the bill, it is reported to the floor.
After the bill has been through the committee process and reached the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes. If the bill passes in one chamber, it is referred to the other chamber, where it goes through a similar process. If the bill passes in both chambers, it is sent to the President for review and signature.
If the President does not sign a bill, they have effectively vetoed it. However, Congress can override the veto and pass the bill into law with a two-thirds majority vote in both the House and the Senate.
