The process of a bill becoming a law involves several steps, and it can be different in the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing one, and it can be initiated by a member of the U.S. Senate or House of Representatives, or even by citizens. Once introduced, it is assigned to a committee that researches, discusses, and makes changes. It then goes through a voting process in both the House and the Senate, and if it passes, it is sent to the President for approval. The President can sign it into law or veto it. If vetoed, Congress can vote to override the veto, and the bill becomes a law. However, if Congress is not in session and the President does nothing, a pocket veto occurs, and the bill does not become a law. This is a legislative maneuver that allows the President to effectively kill a bill without taking any action, and it cannot be overridden by Congress.
Characteristics | Values |
---|---|
What is a pocket veto? | A legislative maneuver that allows a president or other official with veto power to exercise that power over a bill by taking no action ("keeping it in their pocket"), thus effectively killing the bill without affirmatively vetoing it. |
What are the conditions for a pocket veto? | Congress is not in session and the president does not sign the bill within 10 days. |
Can a pocket veto be overridden? | No. |
What You'll Learn
A bill is proposed and 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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a bill is written, it needs a sponsor. The sponsor talks with other Representatives to get their support and, once it has enough support, 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, 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, the process is slightly different. 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. The bill is then assigned a number (e.g. S 1) and the name of the sponsor. The bill is sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored, and members can cosponsor the legislation.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Bills may be referred to more than one committee and may 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.
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It goes to committee
Once a bill has been introduced, it is assigned to a committee. The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee. The referral decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may also set time limits on committees.
Committees are groups of Representatives who are experts on topics such as agriculture, education, or international relations. They will 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.
A 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 chamber must approve, change or reject all committee amendments before conducting a final passage vote.
After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, 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.
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It is reported to the House floor
Once a bill has been approved by a committee, it is sent to the House floor, where it is debated by the U.S. House of Representatives. Representatives discuss the bill, explaining why they agree or disagree with it. A reading clerk then reads the bill section by section, and 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, division, and recorded. In the viva voce method, the Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no". In the division method, the Speaker of the House asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. In the recorded method, Representatives record their votes 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 U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.
After a bill is reported to the House floor, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. 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 U.S. Senate and is ready to go to the President.
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The bill is voted on
The bill is now ready to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives. The first is viva voce, where the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". The second is division, where the Speaker asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to do the same. The third is recorded, where Representatives record their vote using the electronic voting system. They 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 and is then sent to the U.S. Senate.
In the Senate, Senators vote by voice. Those 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 U.S. Senate and is ready to go to the President.
If the bill is passed by both the House and the Senate, it is sent to the President for review. The President then has three choices. They can sign and pass the bill, which becomes a law. They can also refuse to sign or veto the bill, sending it back to the House of Representatives along with their 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, and if two-thirds of the Representatives and Senators support it, the President's veto is overridden and the bill becomes a law. The third option for the President is to do nothing, or to use a pocket veto. If Congress is in session, the bill automatically becomes law after 10 days. However, if Congress is not in session, the bill does not become a law.
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It is referred to the other chamber
Once a bill has been passed by one chamber of Congress, it is referred to the other chamber. Here, it will go through a similar process of research, discussion, changes, and voting. The bill will be discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators will discuss the bill and explain why they agree or disagree with it. Then, a reading clerk will read the bill section by section, and the Senators will recommend changes. When all changes have been made, the bill will be ready to be voted on.
Senators vote by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators say "yea," the bill passes in the Senate and is ready to go to the President. If the bill is rejected by the Senate, it is sent back to the other chamber. If the other chamber still believes the bill should become law, they can vote on it again. If it passes this second vote, the bill is sent directly to the President.
If the House and Senate pass different versions of the bill, it is sent to a Conference Committee. This committee is made up of members from each house and works to reconcile the differences between the two versions. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate.
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