The process of a bill becoming a law is a complex one, with many steps and potential setbacks. In the US, 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 US Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress. 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 has the choice to approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law. However, 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, which is called a pocket veto.
Characteristics | Values |
---|---|
Number of bills and resolutions introduced in each two-year Congress | 10,558 bills and 143 joint resolutions (2005-2006) |
Number of bills and joint resolutions enacted in each two-year Congress | 419 bills and 12 joint resolutions (2005-2006) |
Number of words of new law in each two-year Congress | 4-6 million |
Number of bills enacted into law in each two-year Congress | 419 (2005-2006) |
Number of days for a bill to be enacted into law | 10 days |
What You'll Learn
The Bill Is Proposed
The process of a bill becoming a law begins with an idea. This idea 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 member of Congress. Once a member of Congress has an idea for a bill, they draft it. This involves writing the bill, which is then introduced to the House of Representatives or the Senate, depending on which member of Congress is sponsoring the bill.
When a bill is proposed, it needs a sponsor. The sponsor of the bill talks to other members of Congress about the bill to get their support. Once a bill has a sponsor and the support of other members of Congress, it is ready to be introduced.
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The Bill Is Introduced
Once a bill has been drafted, it must 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. 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 U.S. House of Representatives.
When a bill is introduced in the U.S. House of Representatives, 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.
In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure.
In the House of Representatives, it is no longer the custom to read bills—even by title—at the time of introduction. The title is entered in the Journal and printed in the Congressional Record, thus preserving the purpose of the custom. The bill is then assigned its legislative number by the Clerk. The bill is then referred as required by the rules of the House to the appropriate committee or committees by the Speaker, with the assistance of the Parliamentarian. The bill number and committee referral appear in the next issue of the Congressional Record. It is then sent to the Government Printing Office, where it is printed and copies are made available in the document rooms of both Houses.
The Bill Goes to Committee
When the bill reaches committee, the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor.
Subcommittee Review of the Bill
Subcommittees are organized under committees and have further specialization on a certain topic. Often, committees 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.
Committee Mark-Up of the Bill
When 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. This procedure is called "ordering a bill reported".
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The Bill Goes to Committee
Once a bill has been introduced, it is assigned to a committee. The committee is made up of groups of representatives who are experts on the topic of the bill. For example, a bill about agriculture will be sent to a committee of representatives who are knowledgeable about farming and related issues.
The committee members will then review, research, and revise the bill. If the committee members want more information before deciding whether to send the bill back to the House floor, the bill is sent to a subcommittee. In the subcommittee, the bill is closely examined and expert opinions are gathered. It is then sent back to the committee for approval.
The committee will then meet to make changes and amendments to the bill. If a committee votes against reporting the bill to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' votes.
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The Bill Is Voted On
Once a bill has been debated, and changes have been made, it is ready to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives:
- Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no."
- Division: 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.
- Recorded: 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.
In the Senate, voting is done by voice. Senators 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.
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The Bill Is Referred to the Senate
Once a bill has been approved by the House of Representatives, it is sent to the Senate, where it goes through many of the same steps as it did in the House. The bill is discussed in a Senate committee and then reported to the Senate 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 be sent to the President.
The bill is then sent to the President, who has three options:
- Sign and pass the bill, at which point it becomes a law.
- Refuse to sign, or veto, the bill. In this case, the bill is sent back to the House of Representatives, along with the President's reasons for the veto. If the House 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 (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 law.
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Frequently asked questions
Since World War II, Congress has typically introduced 4-6 million words of new law in each two-year Congress. However, these words are enacted in fewer but larger bills.
The first step for a bill to become a law is for it to be drafted. Any member of Congress from the Senate or House of Representatives can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups.
The second step for a bill to become a law is for it 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.
The third step for a bill to become a law is for it to be referred to a committee. Both the House and Senate have various committees composed of groups of Congress members who are experts on different topics.
The final step for a bill to become a law is for it to be signed by the President. If the President approves of the legislation, it is signed and becomes law.