The process of a bill becoming a law in the United States involves several steps and can take as little as a few hours to over a hundred years. The bill must be introduced, go to committee, undergo subcommittee review, be marked up, be voted on, be referred to the other chamber, go to the president, and potentially have a veto overridden. Once a bill is signed by the president or has its veto overridden by both houses, it becomes a law.
What You'll Learn
The bill is drafted and introduced
The legislative process begins with the drafting and introduction of a bill, which is a proposal for a new law or a change to an existing one. This can be initiated by any member of the U.S. Senate or House of Representatives, or it can be proposed by citizens or advocacy groups. Citizens with ideas for new laws can contact their representatives, who will then research and write them into bills if they agree with the proposal. Once a bill has been drafted, it needs a sponsor and the support of other representatives.
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. Representatives are the only ones who can introduce bills in the House. Once introduced, a bill is assigned a number that begins with "H.R." and is labelled with the name of its sponsor. A reading clerk then reads the bill to all representatives, and the Speaker of the House sends it to one of the House standing committees.
In the Senate, 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 is postponed until the following day. After introduction, a Senate bill is also assigned a number (e.g., "S 1") and sent to the Government Printing Office (GPO) for copying. Senate bills can be jointly sponsored, and members can cosponsor legislation.
The drafting and introduction of a bill are crucial first steps in the legislative process. They set the stage for the bill's journey through committees, debates, votes, and, ultimately, its potential enactment into law.
The Journey of a Bill to Becoming Law
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The bill goes to committee
The committee stage is a critical step in the legislative process. Once a bill is introduced, it is referred to a committee whose members will research, discuss, and make changes to the bill. The Speaker of the House or the Senate Majority Leader will refer the bill to the appropriate committee with jurisdiction over the major issue involved in the bill. In the House, bills may be referred to more than one committee because of their subject matter. This is called a joint referral.
Committee members are groups of Representatives or Senators who are experts on topics relevant to the bill, such as agriculture, education, or international relations. They carefully examine the bill, determine its chances of passage by Congress, and may hold hearings to better understand its implications. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be recorded. If the committee does not act on a bill, it is considered "dead".
The committee may also choose to refer the bill to a subcommittee for further study and hearings. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval. The subcommittee may also make changes to the bill and must vote to refer it back to the full committee. After the subcommittee concludes its hearings, the bill goes through a "mark-up" session, where the committee will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" with the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
Once the hearings and subcommittee review are completed, the full committee will meet to vote on whether to report the bill to the floor. If the committee votes not to report the bill, it dies. If they vote in favour of the bill, it is reported to the floor, a procedure called "ordering a bill reported". The committee staff then 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 the bill may 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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The bill is reported
Once a bill is reported, a bill is open to debate by the U.S. House of Representatives. Representatives will discuss the bill and explain why they agree or disagree with it. A reading clerk will then read the bill section by section, and the Representatives will 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 that oppose it to say "no." In the division method, the Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted. In the recorded method, 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 the Representatives say or select 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 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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The bill is voted on
There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce (voice vote), Division, and Recorded. In a voice vote, the Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”. In a Division vote, the Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted. In a Recorded vote, Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).
If a majority of the Representatives say or select 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. 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 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.
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The bill is sent to the President
Once a bill has been passed by both the House and the Senate, it is sent to the President for review. The President has three options: they can sign the bill into law, veto the bill, or do nothing (pocket veto). If the President chooses to sign the bill, it becomes a law and is assigned an official number.
If the President vetoes the bill, it is sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto by holding another vote on the bill. If two-thirds of both the House and the Senate support the bill, the President's veto is overridden, and the bill becomes a law.
If the President does nothing and does not sign the bill within 10 days while Congress is still in session, the bill will automatically become law. However, if Congress adjourns before the 10 days are up and the President has not signed the bill, it will not become law. This is called a "pocket veto" and cannot be overridden by Congress.
The President's signature is not required for all types of bills. For example, a House Concurrent Resolution must be approved by both the House and the Senate but does not require the President's signature and does not have the force of law. It is generally used to express Congressional sentiment.
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Frequently asked questions
The time frame for the legislative process for a bill to become a law varies. It can be as short as a few hours or as long as 100 years.
The first step is for the bill to be drafted. Any member of Congress from the Senate or the House of Representatives can draft a bill.
The next step is for the bill to 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 is assigned to a committee whose members will research, discuss, and make changes to the bill.