Kara Sears
The process of how a bill becomes a law in the United States is a long and complex one. It begins with an idea, which can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed by citizens or citizen groups. Once an idea has been established, a bill is drafted and introduced by a sponsor. The bill is then assigned to a committee, which will research, discuss, and make changes to it. After this, the bill is put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must work out any differences between the two versions, before both chambers vote on the same version. If it passes, it is then presented to the President, who can approve and sign it into law, or veto it. If the President chooses to veto, Congress can vote to override this and the bill will become a law.
| Characteristics | Values |
|---|---|
| Where does the idea for a bill come from? | A sitting member of the U.S. Senate or House of Representatives, their election campaign, or citizens and citizen groups |
| Who drafts the bill? | A member of Congress |
| Who sponsors the bill? | A member of Congress |
| Who are co-sponsors? | Other members of Congress who support the bill |
| Where is the bill introduced? | The U.S. House of Representatives or the U.S. Senate |
| What happens once the bill is introduced? | It is assigned to a committee |
| What does the committee do? | They research, discuss, and make changes to the bill |
| What is a subcommittee? | A group under a committee with further specialisation on a certain topic |
| What happens once the committee stage is complete? | The bill is put before the chamber to be voted on |
| What happens if the bill passes one body of Congress? | It goes to the other body to go through a similar process of research, discussion, changes, and voting |
| What happens 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 |
| What happens if the bill passes both chambers? | It is presented to the president |
| What are the president's options? | Approve and sign the bill into law, refuse to approve the bill (veto), or take no action for 10 days while Congress is in session (pocket veto) |
| What happens if the president vetoes the bill? | Congress can vote to override that veto and the bill becomes a law |
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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a bill is written, it needs a sponsor. The representative who wrote the bill talks with other representatives to get their support. Once a bill has a sponsor and the support of some of the other 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 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.
Committees are groups of representatives who are experts on topics such as agriculture, education, or international relations. They 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. A subcommittee closely examines the bill and gathers 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, where it is ready to be debated. 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.
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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, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a bill is written, it needs a sponsor. The representative talks with other representatives about the bill in the hopes of getting their support. 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 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.
The bill is then assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Congress members with a particular interest in different topics, such as health or international affairs. The committee may 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 dead.
Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often 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 favour of the bill, it is reported to the floor.
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A bill goes to committee
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 members are groups of representatives who are experts on topics such as agriculture, education, or international relations.
If the committee members would like more information before deciding if the bill should be sent to the House floor, 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 has the authority to seek input from relevant departments and agencies about a bill. Frequently, the bill is also submitted to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law.
The committee may also hold public hearings on the bill. The chairman of each committee is required to make a public announcement of the date, place, and subject matter of any hearing at least one week before the commencement of that hearing, unless there is good cause to begin the hearing at an earlier date.
After hearings are completed, the subcommittee usually will consider the bill in a session that is popularly known as the "markup" session. The views of both sides are studied in detail and, at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. The subcommittee may decide to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation.
If the committee votes to report the bill favorably to the House, it may report the bill with or without amendments. If the committee has approved extensive amendments, the committee may decide to report the original bill with one "amendment in the nature of a substitute" consisting of all the amendments previously adopted, or may introduce and report a new bill incorporating those amendments, commonly known as a "clean" bill.
If the committee votes to report the bill to the House, the committee staff writes a committee report. The report describes the purpose and scope of the bill and the reasons for its recommended approval. Generally, a section-by-section analysis sets forth precisely what each section is intended to accomplish. All changes in existing law must be indicated in the report, and the text of laws being repealed must be set out.
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.
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A 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. There are three methods for voting on a bill in the U.S. House of Representatives: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In a division vote, 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 a recorded vote, Representatives record their vote using the electronic voting system, and can vote yes, no, or present. If a majority of Representatives vote yes, the bill passes in the House and is then sent to the Senate.
The process is similar in the Senate, where Senators vote by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators vote in favor, the bill passes in the Senate and is 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. 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, which is known as 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 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.
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 the bill 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 and can approve the bill, sign it into law, or refuse to approve it (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.
While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.
