Keith Mack
In the United States, a bill must be approved by the House of Representatives, the Senate, and the President to become a law. The President has the power to veto a bill, which can be overridden by a two-thirds majority vote in both chambers of Congress. However, if the President does not sign off on a bill and Congress is no longer in session, the bill is pocket vetoed and cannot be overridden. This legislative maneuver, known as a pocket veto, allows the President to effectively kill a bill by taking no action, and it is considered a veto by default.
| 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 is the alternative to a pocket veto? | If the president takes no action, a bill automatically becomes law. |
| When does a pocket veto occur? | When a bill fails to become law because the president does not sign it within 10 days and cannot return the bill to Congress because Congress is no longer in session. |
| Can a pocket veto be overridden? | No, it cannot be overridden by Congress. |
What You'll Learn
The bill is proposed and introduced
The bill-making process begins with an idea for a new law or a change to an existing one. This idea 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 groups who recommend a new or amended law to a member of Congress. Once a member of Congress has an idea for a bill, they draft it.
The bill is then 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 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. Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. The bill is then sent to the Government Printing Office (GPO), where copies are made.
After introduction, the bill is assigned to a committee. The Speaker of the House or the presiding officer in the Senate usually makes the referral decision, and bills may be referred to more than one committee. Committees are made up of groups of Representatives or Senators who are experts on particular topics, such as agriculture, education, or international relations. The committee reviews, researches, discusses, and makes changes to the bill before voting on whether to send it back to the House or Senate floor. If the committee would like more information before making a decision, the bill is sent to a subcommittee for closer examination and to gather expert opinions.
Once the committee has approved a bill, it is sent, or reported, to the House or Senate floor, where it is ready to be debated. During the debate, Representatives or Senators 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 or Senators recommend changes. When all changes have been made, the bill is ready to be voted on.
The US Legislative Process: How Bills Become Laws
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The bill goes to committee
Once a bill is introduced, it is assigned to a committee. This committee will research, discuss, and make changes to the bill. The committee will also request comments about the bill's merit from government agencies. The bill can be assigned to a subcommittee by the Chairman, which will then report its findings to the full committee. The full committee will then vote on the bill. If the bill passes this vote, it is "ordered to be reported".
The committee will then hold a "mark-up" session, where revisions and additions will be made. 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.
After the bill is reported, the committee staff prepares a written report explaining why they favour 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.
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 (this requires a two-thirds vote), a discharge petition can be filed, or the House can use a Calendar Wednesday procedure.
The Legislative Process: How a Bill Becomes a Law
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The bill is reported
Once a bill has been introduced, it is assigned to a committee. The committee members 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, where it is closely examined and expert opinions are gathered before being sent back to the committee for approval.
When 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. During the debate, 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.
There are three methods for voting on a bill in the U.S. House of Representatives: viva voce, division, and recorded. In viva voce, the Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no." In division, the Speaker asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. In recorded, Representatives record their vote using the 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 and is then certified by the Clerk of the House and delivered to the U.S. Senate.
When a bill reaches the U.S. Senate, it goes through many of the same steps as in the 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, with those who support the bill saying "yea" and those who oppose it saying "nay." If a majority of Senators support the bill, it passes in the U.S. Senate and is ready to go to the President.
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The bill is voted on
Once a bill has been introduced, assigned a number, and sent to the Government Printing Office (GPO) to be copied, it is then sent to a committee. The committee will research, discuss, and make changes to the bill before voting on whether to send it back to the House floor. If the committee would like more information, the bill is sent to a subcommittee to be closely examined and gather expert opinions. If the bill passes the committee stage, it is then reported to the House floor, where it is debated by the U.S. House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it.
The bill is then 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 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, selecting yes, no, or present if they don't want to vote. If a majority of Representatives vote yes, the bill passes in the U.S. House of Representatives and is then sent to the U.S. Senate.
In the U.S. 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 U.S. Senate and is then sent to the President. If either the House or the Senate does not pass the bill, it dies.
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The bill is referred to the other chamber
Once a bill has been passed by one chamber of the US Congress, it is referred to the other chamber. This is when the bill goes from the House of Representatives to the Senate, or vice versa. The bill will then go through many of the same steps it went through in the first chamber. It is discussed in a committee and then reported to the chamber floor 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 the Senators say "yea," the bill passes in the Senate and is ready to go to the President. If the bill is rejected by the second chamber, it dies. If the second chamber approves the bill, but with amendments, it will be sent back to the first chamber for further approval.
If the bill is passed by both chambers but in different forms, it will be sent to a Conference Committee. This committee is made up of members from each chamber who work to reconcile the differences between the two versions of the bill. 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.
If the bill is passed by both chambers in identical form, it is sent to the President for review. The President can then choose to sign and pass the bill, making it a law, or they can veto it. If the President does nothing while Congress is not in session, the bill will be pocket vetoed and will not become a law.
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Frequently asked questions
A pocket veto is a legislative manoeuvre that allows a president or other official with veto power to exercise that power over a bill by taking no action, thus effectively killing the bill without affirmatively vetoing it.
The president has ten days, excluding Sundays, to sign or veto a bill. If the president does not sign the bill within the ten-day period and Congress is no longer in session, the bill will be pocket vetoed and will not become law.
No, a pocket veto cannot be overridden by Congress. The only way for Congress to circumvent a pocket veto is to reintroduce the bill, pass it through both chambers, and present it to the president again for signature.
