The process of turning a bill into a law is a complex one, but it can be broken down into several key steps. First, a bill is proposed, either by a sitting member of the U.S. Senate or House of Representatives, or by citizens or citizen groups who petition their representative. Once a bill is introduced, it is assigned a number and sent to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have accepted a bill, they must agree on the same version, which is then presented to the president. The president can approve the bill and sign it into law, or veto it. If the president chooses to veto, Congress can override this and the bill becomes law anyway.
Drafting the bill
Drafting a bill is the first step in the legislative process. 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 an idea for a bill has been established, the next step is to write it.
Writing the Bill
The bill-writing process typically involves a senator or representative and their staff. The bill is then introduced in either the Senate or the House of Representatives and a copy is distributed to each member. Bills are prefixed with an "S." if they originate in the Senate and "H.R." if they originate in the House of Representatives.
Assigning the Bill to a Committee
After being introduced, the bill is assigned to a committee. Committees are small, permanent groups of legislators that study and report on bills. 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 can also split up a bill and send parts to different committees. The Speaker of the House may set time limits on committees.
Reviewing the Bill
Committees review bills and decide to either:
- Send the bill back to the floor with no changes
- Make changes and send it back
- Table the bill, meaning they take no action and the bill effectively dies for that session
Committees may call experts to testify at hearings and request comments about the bill's merit from government agencies. The committee chair may also assign the bill to a subcommittee for further review.
Revising the Bill
Once the committee has completed its review, it will hold a "mark-up" session to make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
Voting on the Bill
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 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 for a vote.
In the House, most bills go to the Rules Committee, which adopts rules that govern the procedures under which the bill will be considered. These rules can have a major impact on whether the bill passes.
Passing the Bill
Once a bill has been introduced, reviewed, revised, and reported on, it is ready for a final passage vote. If the bill passes in one branch of Congress, it then moves to the other branch and goes through the same process. Amendments are often added, and changes are made to the bill throughout this process, so by the final vote, the bill may look different from the original proposal.
If the bill is passed in both the Senate and the House, it is then sent to the President for review.
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Introducing the bill
The first step in the legislative process is the introduction of the bill. Any member of Congress can introduce a bill, which 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 drafted, it needs a sponsor. The sponsor is the primary Congress member supporting the bill, and any other members who support the bill are called "co-sponsors". The Representative then discusses the bill with other Representatives to gain their support. Once a bill has the support of some of the Representatives, it is ready to be introduced.
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 House. When a bill is introduced, 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 bill must be introduced during the morning hour and members must gain recognition from the presiding officer. If any Senator objects, the introduction of the bill is postponed until the next day. Senate bills can be jointly sponsored. Once introduced, the bill is sent to the Government Printing Office (GPO), and copies are made.
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Committee review
Once a bill has been introduced, it is assigned to a committee. Committees are made up of groups of representatives or senators who are experts on the bill's topic. They will research, discuss, and make changes to the bill. The committee may also choose to hold hearings to better understand the implications of the bill. Hearings allow the views of experts, other public officials, supporters, and opponents of the bill to be put on record.
If the committee wishes to gather more information before deciding on the bill, it may be sent to a subcommittee. A subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval.
Once the committee has approved a bill, it is sent to the House floor to be debated. 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 representatives will recommend changes. Once all changes have been made, the bill is ready to be voted on.
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Voting
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 Representatives to say "aye" if they support the bill and "no" if they oppose it. In a division, the Speaker asks Representatives to stand up and be counted, first those who support the bill and then those who oppose it. In a recorded vote, Representatives use an electronic voting system to record their vote as yes, no, or present. If a majority of Representatives vote yes, the bill passes in the House and is then sent to the U.S. Senate.
In the Senate, Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators vote yea, the bill passes in the Senate and is sent to the President.
If a bill is passed by both the House and the Senate, it is sent to the President for review. The President can choose to sign and pass the bill, in which case it becomes a law. However, if the President vetoes the bill, it is sent back to Congress, along with the President's reasons for the veto. Congress can then hold another vote on the bill, and 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.
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Presidential review
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 then considers the bill. At this stage, the President has three options: they can sign and pass the bill, refuse to sign or veto the bill, or do nothing.
If the President approves of the bill, they can sign it and it becomes a law. If the President does not approve of the bill, they can veto it. A veto means that the President refuses to approve the bill, and it is sent back to the House of Representatives with a note listing the President's reasons for the veto. If the President chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill then 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. This action is called a "pocket veto" and it cannot be overridden by Congress.
If the President chooses to do nothing, the outcome depends on whether Congress is in session. 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 a law.
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Frequently asked questions
Any member of Congress can propose a bill, which is a proposal for a new law or a change to an existing law. The idea for a bill can also come from citizens or citizen groups, who can recommend a new or amended law to their Congressional representative.
Once a bill is introduced, it is assigned to a committee, which 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 through a similar process in the other body. 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.
If the president approves the bill, they can sign it into law.