The process of a bill becoming a law is a complex one, with many steps and procedures. In the US, all laws begin as bills, which can be proposed by a sitting member of the US Senate or House of Representatives, or be petitioned by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee that researches, discusses and makes changes to it. The bill then goes through a process of research, discussion, changes and voting in both the House and the Senate. Once both bodies vote to accept a bill, they must work out any differences between the two versions, before both chambers vote on the same version. If it passes, it is presented to the President, who can approve and sign it into law, or veto it. If the President chooses to veto, Congress can vote to override this and the bill becomes a law.
What You'll Learn
A bill is drafted
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from any 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. Any member of Congress can draft a bill, and these ideas can also come from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".
Once a bill has a sponsor and 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, it is assigned 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.
The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. Committees are composed of groups of Congress members with a particular interest or expertise in a given topic, such as health or international affairs. When a bill is in committee, it is carefully examined and its chances of passage by the entire Congress are determined.
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The bill is introduced
The bill-making process begins with an idea. This idea 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 must be introduced. Only members of Congress can introduce a bill, and this can be done by any member of Congress. 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. A bill clerk then 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.
The bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. The sponsor is the primary Congress member supporting the bill, and there can also be co-sponsors who are the other members who support the bill. The bill is then sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored, and members can co-sponsor the piece of legislation.
Once a bill is introduced, it can be found on Congress.gov, which is the official government website that tracks federal legislation.
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The bill goes to committee
Once a bill has been introduced, it is referred to a committee. Both the House and the Senate have committees with groups of Congress members who are particularly interested in different topics, such as health or international affairs. The bill is assigned to the committee by the Speaker of the House or the presiding officer in the Senate. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. If the committee does not act on a bill, it is considered "dead".
Committees may choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. Bills may be referred to more than one committee, and it may be split so that parts are sent to different committees.
Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. Subcommittees report their findings to the full committee.
The committee will then meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes against reporting 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 is voted on
Once a bill has been 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.
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.
When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. 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 U.S. Senate and is ready to go to the President.
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The bill is sent to the president
The bill-making process is a long and complex one, and even once a bill has been drafted, introduced, reviewed, and voted on by both the House and the Senate, there is still one more step to go. The bill is then sent to the president for review. This is the final stage of the process, and it is here that the bill will either be signed into law or vetoed.
The president has three options when presented with a bill. Firstly, they can choose to approve the bill and sign it into law. Secondly, they can veto the bill, refusing to approve it and sending it back to Congress with a note outlining their reasons for doing so. In this case, Congress can attempt to override the veto, and if two-thirds of both the House and the Senate support the bill, it will become a law. Thirdly, the president can choose to do nothing, which is known as a "pocket veto". If Congress is in session, the bill will automatically become law after 10 days of inaction. However, if Congress has already adjourned, the bill will not become law.
The president's role in the bill-making process is crucial, as it is their decision that ultimately determines whether or not a bill becomes a law. While Congress can override a veto, it requires a significant majority in both chambers to do so. Therefore, the president's approval is often necessary for a bill to succeed.
In conclusion, while the journey of a bill to becoming a law is lengthy and involves multiple steps, the final stage of sending the bill to the president is the most important. It is here that the fate of the bill is decided, and the president's choice to sign, veto, or pocket veto the bill will determine its success or failure.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, be part of their election campaign, or be petitioned by citizens or citizen groups.
Once introduced, a bill is assigned to a committee, which will research, discuss, and make changes to the bill.
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 vote to accept a bill, they must work out any differences between the two versions and then vote on the same version of the bill.
The bill is then presented to the President, who can choose to approve the bill and sign it into law, or veto it. If the President chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.