Cameron Miranda
In the United States, the process of a bill becoming a law can be lengthy and complex. It involves multiple stages of review and approval by various legislative bodies and the President. The process is different for emergency legislation, which can be enacted more quickly and without the need for a second reading or congressional review.
The first step in the process is for a bill to be introduced in Congress. A bill is a proposal for a new law or a change to an existing law. It can be introduced by a single member of Congress or a group of members, in either the House of Representatives or the Senate. Once introduced, the bill is assigned to a committee that will research, discuss, and make changes to it. This committee may hold hearings and invite testimony from experts, public officials, and supporters and opponents of the bill. The bill is then put before the chamber in which it was introduced for a vote.
If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies have approved the bill, they must work out any differences between their versions and vote on the same bill. If it passes this stage, it is presented to the President for approval. The President can approve the bill and sign it into law, or veto it. If the President vetoes the bill, Congress can override the veto with a two-thirds majority vote, and the bill becomes a law.
In the case of emergency legislation, the process is expedited. The District of Columbia, for example, allows its Council to enact special emergency legislation that bypasses the need for a second reading and congressional review. This type of legislation can be in effect for up to 90 days, after which regular or permanent legislation must be enacted.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, a citizen group, or the President upon declaration of a national emergency |
| What is a bill? | A proposal for a new law or a change to an existing law |
| Where is a bill introduced? | In Congress, either in the House of Representatives or the Senate |
| What happens after a bill is introduced? | It is assigned to a committee, then put before the chamber to be voted on |
| What happens if a 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? | It is presented to the President for approval |
| What can the President do? | Approve the bill and sign it into law, refuse to approve it (veto it), or, if there are fewer than ten days left in the legislative session, let the legislative calendar expire without actually vetoing it (pocket veto) |
| What can Congress do if the President vetoes a bill? | Vote to override the veto, in which case the bill becomes a law |
| What is the difference between emergency and temporary legislation? | Emergency legislation can be enacted quickly and does not require a second reading, congressional review, or committee and COW processes; temporary legislation is introduced at the same time as emergency legislation and has a similar fast-track process but must undergo a second reading, mayoral review, and congressional review |
What You'll Learn
The bill is introduced in Congress
The legislative process begins with the introduction of a bill in Congress. This can be done by a single member (the sponsor) or a group of members (sponsor and co-sponsors) in either the House of Representatives or the Senate or concurrently in both chambers. Depending on which chamber the bill is introduced, it is given a chamber designation and a number, usually based on the order in which it was introduced.
In the House, bills introduced will have designations such as H.R. (House of Representatives), HJ. Res. (House Joint Resolution), H. Con. Res. (House Concurrent Resolution), or H. Res. (House Resolution). In the Senate, bills introduced will have designations such as S. (Senate), SJ. Res. (Senate Joint Resolution), S. Con. Res. (Senate Concurrent Resolution), or S. Res. (Senate Resolution).
The time frame for this legislative process can vary; it can be as short as a few hours or as long as 100 years. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to it. The committee may hold hearings and invite experts, public officials, supporters, and opponents of the bill to testify and share their views. The committee can also choose not to review the bill, in which case it will die and must be reintroduced when a new Council is convened.
If the committee chooses to review the bill, they will go through the entire document word by word, considering amendments, deleting sections, and revising the language. This process is called a mark-up. After the mark-up, the subcommittee votes on whether to report out or table (kill) the bill. If the bill is voted on favorably, it is then reported out of the subcommittee and referred to the full committee for further consideration. The full committee can also decide to take no action, vote not to report out the bill, or report the bill out favorably.
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The bill is assigned to a committee
Once a bill is introduced, it is assigned to a committee. The committee is chosen based on its expertise over the subject matter that the bill addresses. The committee is not obligated to review or consider the bill. If the committee chooses not to review the bill, it will die and must be introduced again for consideration by a newly convened council.
If the committee chooses to review the bill, it will normally conduct a hearing concerning the subject matter of the bill, where the committee will receive testimony from residents and government officials in support of and against the bill. The committee may make whatever changes it chooses to the bill.
After the hearing, the bill goes through a mark-up, where the subcommittee goes through the entire bill, word by word, considering amendments, deleting sections, and revising the language. At the conclusion of the mark-up, the subcommittee votes on whether to report out or table the revised bill. If the bill is voted on favorably, it is then reported out of the subcommittee and referred to the full committee for further consideration.
After the full committee reviews the bill, it too has the option of holding its own hearing and mark-up. The committee can decide to take no action (table the bill), vote not to report out the bill (kill it), or report the bill out favorably. If the bill is reported out favorably, it must then be scheduled for floor debate in either the full House or Senate, depending on its origin.
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The committee holds hearings and makes changes to the bill
Once a bill is introduced, it is assigned to a committee. The committee will then research, discuss, and make changes to the bill. The committee chairperson will usually assign the bill to a subcommittee, where hearings are held and the bill is examined in-depth. This is the best opportunity to put "on the record" the views of the executive branch, experts, other public officials, supporters, and opponents of the bill. Testimony can be given in person or submitted as a written statement. After the subcommittee concludes its hearings, the bill goes through a markup, where the subcommittee goes through the entire bill, word by word, considering amendments, deleting sections, and revising the language.
At the conclusion of the markup, the subcommittee votes on whether to report out or table the revised bill. If the bill is voted on favorably, it is then reported out of the subcommittee and referred to the full committee for further consideration. The full committee can then decide to take no action (table the bill), vote not to report out the bill (kill it), or report the bill out favorably. If the bill is reported out favorably, it must then be scheduled for floor debate in either the full House or Senate, depending on its origin.
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The bill is put before the chamber to be voted on
Once a bill has been drafted, it is introduced and assigned a number based on the order in which it was introduced. Depending on which chamber the bill is introduced, it will be given a chamber designation. In the House, for example, a bill originating in the House will be designated as an H.R. bill, while a bill introduced in the Senate will be designated as an S. bill.
After the bill is introduced, it is assigned to a committee. The committee will research, discuss, and make changes to the bill. The committee chairperson will usually assign the bill to a subcommittee, where hearings will be held and the bill will be examined in-depth. After the subcommittee concludes its hearings, the bill goes through a markup, where the subcommittee goes through the bill word by word, considering amendments, deleting sections, and revising the language. If the bill is voted on favorably, it is then reported out of the subcommittee and referred to the full committee for further consideration.
After the full committee reviews the bill, it has the option of holding its own hearing and markup. The committee can decide to take no action (table the bill), vote not to report out the bill (kill it), or report the bill out favorably. If the bill is reported out favorably, it is then scheduled for floor debate in either the full House or Senate, depending on its origin.
After a bill has been debated and possibly amended on the floor of either the House or Senate, it is put before that chamber to be voted on. Voting may be by voice, by standing division, or by recorded roll call. If the bill is approved by one chamber, it is sent to the other chamber, where it again moves through the committee procedure. If it is approved by the other body without any changes, it is sent to the President for their signature.
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If the bill passes, it goes to the president
Once a bill has been debated and possibly amended on the floor of either the House or Senate, it then goes to a vote. If approved by one chamber, the bill is sent to the other chamber where it again moves through the committee procedure. If it is approved by the other body without any changes, it is sent to the President for their signature.
The President must act on all bills sent to them within 10 days. During this period, there are several actions the President can take:
- Sign the bill into law.
- Allow the bill to become law without their signature. If the President does not sign the bill or veto it within ten days, the bill becomes law without their signature.
- Veto the bill. The President vetoes a bill by announcing they will not sign it and sending it back to Congress. Usually, the President’s veto message indicates their objection to the bill. A veto can be overridden with a two-thirds majority vote of each House of Congress. If the veto is overridden, the bill becomes law without the President’s signature. If the two-thirds vote is not reached in both Houses, the bill dies. Congress can modify the vetoed bill and send back a new bill to the President for their signature.
- Pocket veto. If there are fewer than ten days left in the legislative session before adjournment, the President can kill a bill simply by letting the legislative calendar expire without actually vetoing it. This allows the President the option of not having the bill overridden since Congress will be out of session. This procedure is called a pocket veto.
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Frequently asked questions
The process of a bill becoming a law begins with the introduction of the bill in Congress. 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 that will research, discuss, and make changes to it. The committee will then put the bill before that chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body.
If a bill passes both the House and the Senate, both bodies must work out any differences between the two versions and then vote on the same version of the bill. If it passes, they present it to the President for approval.
If the President approves a bill, they can sign it into law.
If the President does not approve a bill, they can veto it. However, in most cases, Congress can vote to override that veto, and the bill becomes a law.
A pocket veto occurs when the President chooses not to sign off on a bill, and it remains unsigned when Congress is no longer in session. In this case, the bill will be vetoed by default, and Congress cannot override this type of veto.
