The process of turning a bill into law involves several steps, some of which are repeated. Once a bill is drafted and introduced, it is referred to a committee, which may refer it to a subcommittee. The bill is then sent back to the committee for markup, after which it is put before the full chamber for a vote. If the bill passes one body of Congress, it goes through the same process in the other body. If both bodies approve the bill, they must reconcile any differences between their versions before voting on the same version of the bill. This process of review, revision, and voting is repeated in the second chamber, and the bill only becomes law if both chambers pass it in identical form.
Characteristics | Values |
---|---|
A bill is drafted | Any member of Congress can draft a bill |
A bill is introduced | A bill is introduced by a member of Congress |
A bill goes to committee | A committee is assigned to study the bill according to its subject matter |
Subcommittee review of the bill | A committee may refer a bill to a subcommittee for study and hearings |
Committee mark-up of the bill | The committee will meet to "mark up" the bill and make changes and amendments |
Voting by the full chamber on the bill | The bill is voted on by the full chamber |
Referral of the bill to the other chamber | The bill is referred to the other chamber, where it follows a similar process |
The bill goes to the president | The bill is sent to the president for approval |
Overriding a veto | Congress may override the president's veto with a two-thirds majority vote |
What You'll Learn
Bill is drafted, sponsored and introduced
The first step in the legislative process is the drafting of a bill, which can be done by any member of Congress – either from the Senate or the House of Representatives. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. The bill is then introduced to its sponsor, who is the primary Congress member supporting the bill. The sponsor will then discuss the bill with other Representatives to gain their support. The other members who support the bill are called "co-sponsors".
Once the bill has a sponsor and the support of other Representatives, it is ready to be introduced. If the sponsor is a Representative, the bill is introduced in the House. If the sponsor is a Senator, 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. In the Senate, the bill is submitted to the clerks on the Senate floor. Upon introduction, the bill will receive a designation based on the chamber of introduction, for example, "H.R." for House-originated bills or "S." for Senate-originated bills. It will also receive a number, typically the next number available in sequence during that two-year Congress.
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Committee referral and review
Once a bill has been introduced, it is assigned to a committee for review. Committees are assigned according to the bill's subject matter, and there are dozens of committees (and subcommittees) that focus on specific issue areas like health, international affairs, agriculture, education, and transportation. Committees are composed of groups of members of Congress who have a particular interest in the topic.
Committees will research, discuss, and make changes to the bill. They may request reports from government agencies, hold hearings to better understand the implications of the bill, and allow the views of the executive branch, experts, other public officials, supporters, and opponents of the bill to be put on the record. Hearings enable residents, government representatives, and interest groups to present their views on the proposed bill through oral testimony or letters. Committees can also refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the committee.
After hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making 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 favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
The committee staff then 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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Floor action and approval
The bill is returned to the full House or Senate for further debate and approval. At this stage, members of the House or Senate may propose amendments to the bill, add additional text, or make other alterations. The members of the House and Senate will then vote on their respective versions of the proposed bill. This is a repeat of the earlier step of voting by the full chamber on the bill, but with the added possibility of amendments.
The bill is then passed or defeated by the members' voting. If the bill is passed, it is sent to the other chamber to repeat the process of research, discussion, changes, and voting. If the bill is defeated, it is rejected and will not become law.
The process of floor action and approval is a critical stage in the journey of a bill becoming a law. It involves detailed scrutiny and debate, providing an opportunity for members to propose amendments and make necessary changes. This back-and-forth between the chambers ensures that the bill is thoroughly reviewed and agreed upon by both houses of Congress before moving forward in the legislative process.
The repeated steps of research, discussion, changes, and voting in each chamber are essential to ensure that the bill is carefully considered and that all members have a chance to provide input. This back-and-forth process helps to create a more robust and widely accepted piece of legislation, increasing the likelihood of the bill's ultimate success and its effectiveness as a law.
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Conference committee
A conference committee is a temporary group formed to negotiate a proposal that can be agreed upon by both the House and the Senate. It is formed in relation to a specific bill and is made up of members from both the House and the Senate, known as conferees. These conferees are primarily drawn from the committees with jurisdiction over the bill in question. The committee's task is to negotiate and reach a compromise between the two chambers' competing proposals, drawing on elements from each. This is achieved through a combination of informal negotiations and formal meetings.
If a majority of both House and Senate conferees can agree on a proposal, it is embodied in a conference report. This report is then considered in both chambers and must be agreed upon without any changes for the bill to move to the next step in becoming a law.
The conference committee is formed when a bill has passed through one chamber and is referred to the other chamber, where it may be amended, rejected, ignored, or approved as received. If the second chamber amends the bill, it is sent back to the first chamber, which may respond with a counterproposal, and so on. This back-and-forth process is known as an amendment exchange or ping-pong.
The conference committee is an important step in resolving differences between the House and Senate versions of a bill. It allows for a compromise to be reached and ensures that a proposal can gain support from a majority in both chambers before moving forward in the legislative process.
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Presidential action
Once a bill has been passed by both chambers of Congress, it is then presented to the President for their consideration. This is the eighth step in the process of a bill becoming a law.
The President has the power to approve or veto a bill. If the President approves, they will sign the bill, and it becomes law. If the President takes no action for ten days while Congress is in session, the bill will automatically become law without the President's signature. This is known as a "pocket veto" and cannot be overridden by Congress.
However, if the President opposes the bill, they may veto it. In this case, the bill is returned to the chamber in which it originated, and Congress may attempt to override the veto. For the veto to be overridden, both the House and the Senate must pass the bill with a two-thirds majority vote. If this occurs, the President's veto is overruled, and the bill becomes law.
A successful override of a presidential veto is rare. Bills that are enacted are delivered to the Office of the Federal Register and are assigned a public law number.
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Frequently asked questions
The first step is the creation of a bill, which can be drafted by any member of Congress from the Senate or the House of Representatives.
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.
The bill is then referred to a committee, which will research, discuss, and make changes to the bill.
The bill is then reviewed by a subcommittee, which can make changes and must vote to refer the bill back to the full committee.
The committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor".