Proposed Bills: What Becomes Law?

The process of a bill becoming a law is a long and complex one. In the United States, 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, or it can be proposed by citizens or citizen groups who petition their representatives. Once a bill is introduced, it goes through several stages of review, discussion, and voting in both the House and the Senate before it can be presented to the President for approval. If the President approves, the bill becomes a law. However, if the President vetoes the bill, Congress can still override the veto and pass the bill into law with a two-thirds majority vote in both chambers.

The process of a bill becoming a law

• Bill Drafting: Any member of Congress, from the Senate or the House of Representatives, can draft a bill. These ideas can come from the Congress members themselves or everyday citizens and advocacy groups. The member of Congress who supports the bill is called the "sponsor," and other supporting members are called "co-sponsors."
• Bill Introduction: Once drafted, the bill must be introduced. If a Representative is the sponsor, the bill is introduced in the House, and if a Senator is the sponsor, it is introduced in the Senate. Introduced bills can be found on Congress.gov, the official government website that tracks federal legislation.
• Committee Review: After introduction, the bill is referred to a committee. Both the House and the Senate have committees focused on specific topics like health or international affairs. The committee examines the bill, holds hearings to understand its implications, and determines its chances of passage by Congress.
• Subcommittee Review: Committees may refer bills to subcommittees for further specialization, study, and hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee.
• Committee Markup: Once hearings and subcommittee reviews are done, the committee meets to "mark up" the bill, making changes and amendments before recommending it to the "floor." If the committee votes against reporting the legislation, the bill dies.
• Voting by Full Chamber: When the bill reaches the floor, there is additional debate, and members vote to approve any amendments. The bill is then passed or defeated by the members' votes.
• Referral to the Other Chamber: If the bill passes in one chamber (House or Senate), it is referred to the other chamber, where it goes through a similar process of committee review and voting.
• Resolving Differences: If the other chamber approves the bill, both chambers must work out any differences between their versions. They vote on the same version of the bill, and if it passes, they present it to the President.
• Presidential Consideration: The President can choose to sign and pass the bill into law or veto it. If vetoed, Congress can attempt to override the veto with a two-thirds majority vote in both the Senate and the House, and the bill becomes a law. If the President does nothing for 10 days while Congress is in session, the bill automatically becomes law. However, if Congress has adjourned, there is a "pocket veto," and the bill does not become law.
• Enrolling and Publication: Once a bill is approved by both chambers and the President (or a veto is overridden), it is sent to the Government Publishing Office for enrolling, where it is printed in its revised form. It is then published as a binding statute.

The role of the House of Representatives

The House of Representatives is one of the two chambers of the United States Congress, the other being the Senate. The House of Representatives is made up of 435 members, each serving a two-year term and representing a population-based district.

The House of Representatives has a critical role in the legislative process, with most laws originating in this chamber. A bill is typically first proposed by a member of the House of Representatives, who sponsors the bill. The bill is then assigned to a committee for study. If the committee approves, the bill is put on a calendar to be voted on, debated, or amended. For the bill to pass the House, it requires a simple majority of 218 votes.

If the bill passes the House, it moves to the Senate, where it undergoes a similar process. If the bill passes the Senate, a conference committee, comprising members from both chambers, works to reconcile any differences between the two versions of the bill. The resulting bill then returns to the House and the Senate for final approval.

The House of Representatives has exclusive powers in some areas of legislation. For example, only the House can initiate tax and revenue-related bills. The House also typically originates appropriation bills by tradition.

The House of Representatives also has specific roles in the event of a presidential impeachment. The House presents the charges, akin to the function of a grand jury, while the Senate sits as a court to try the impeachment.

The role of the Senate

The Senate is one of the two chambers of the United States Congress, the lawmaking branch of the federal government. The Senate is composed of 100 Members, two from each state, elected by the people. The Senate has several unique functions and powers.

Firstly, the Senate has the role of advising and consenting to treaties and certain presidential nominations. Under the 25th Amendment to the Constitution, a vote in the Senate is required to confirm the President's nomination for Vice-President when there is a vacancy in that office. The Senate also has a role in presidential elections. If no candidate receives a majority of the total electoral votes, the Senate chooses the Vice President from the two candidates with the largest number of electoral votes.

Secondly, the Senate plays a crucial part in the legislative process, which begins with a representative sponsoring a bill. The bill is then assigned to a committee for study and research. If released by the committee, the bill is put on a calendar to be voted on and debated. If the bill passes by a simple majority, it moves to the other chamber of Congress, the House of Representatives.

In the Senate, the bill is assigned to another committee and, if released, is debated and voted on again. A simple majority is required for the bill to pass. Finally, a conference committee, comprising members of both the House and the Senate, works out any differences between the two versions of the bill. The resulting bill returns to the House and Senate for final approval. The bill is then sent to the President, who can approve and sign it into law or refuse to approve it, which is called a veto. If the President chooses to veto the bill, Congress can, in most cases, vote to override the veto, and the bill becomes a law.

It is important to note that the House and the Senate have some procedural differences. While both chambers are equal in how they function, only the House can initiate tax and revenue-related legislation. Additionally, the Senate processes legislation through deliberation and debate prior to voting, whereas the House uses a majority vote.

The role of the President

The President of the United States has a crucial role in the process of a bill becoming a law. Once a bill has been approved by both the House of Representatives and the Senate, it is sent to the President for review. The President has three options:

• Sign and pass the bill, which becomes a law.
• Refuse to sign or veto the bill, sending it back to the House of Representatives with the President's reasons for the veto. If the House and the Senate still support the bill, they can hold another vote. 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 results in 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 law.

The President's role in the legislative process is significant as it allows for a system of checks and balances, ensuring that laws are carefully considered and have widespread support before being enacted.

The veto process

The chamber can then attempt to override the veto, but this requires a two-thirds majority of those voting. If this is successful, the bill is then sent to the other chamber, which can also attempt to override the veto. If both chambers successfully override the veto, the bill becomes law.

A successful override of a presidential veto is rare. If the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, in what is known as a "pocket veto". This cannot be overridden by Congress.

Frequently asked questions