The legislative process for enacting a law in the United States is a lengthy one. It begins with the introduction of a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can 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 that represents them.
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 through a similar process in the other body, where it is again researched, discussed, changed, and voted on.
Once both bodies vote to accept a bill, a conference committee made of House and Senate members works out any differences between the two versions. The resulting bill returns to the House and Senate for final approval. The bill is then sent to the President of the United States, who can choose 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 with a two-thirds majority in both the House and the Senate, 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 and cannot be overridden by Congress.
Characteristics | Values |
---|---|
Bill proposed | A bill is proposed by a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. |
Bill introduced | Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. |
Bill voted on | 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. |
Bill presented to President | 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. |
President's approval | The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. |
President's veto | If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But 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. |
What You'll Learn
A bill is proposed
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 people or citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
The process of proposing a bill begins with a member of the House of Representatives writing the bill. The bill then needs a sponsor, and the representative talks with other representatives to get their support. Once the bill has a sponsor and the support of some other representatives, it is ready to be introduced.
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. A bill can only be introduced by a representative. 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.
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A bill is introduced
The process of a bill becoming a law begins with its introduction. 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 people or citizen groups.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will then vote on whether to send the bill back to the House or Senate floor. If the committee would like more information before making this decision, the bill is sent to a subcommittee to be closely examined and for expert opinions to be gathered.
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.
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A bill goes to committee
Once a bill has been introduced, it is assigned to a committee. In the House, the Speaker refers the bill to all committees with jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. In the Senate, bills are usually referred to the committee with jurisdiction over the issue that predominates in the bill.
The committee will research, discuss, and make changes to the bill. The committee may also hold hearings and request comments about the bill's merit from government agencies. The committee chairman may also assign the bill to a subcommittee, which will report its findings to the full committee.
The committee will then hold a "mark-up" session, where it will make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill", which will include the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded. The committee will also prepare a written report explaining why they favor the bill and why they wish to see their amendments adopted. Committee members who oppose a bill may also write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
In the House, most bills go to the Rules Committee before reaching the floor. The Rules Committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. The Rules Committee can be bypassed in three ways:
- Members can move rules to be suspended (requires a two-thirds vote)
- A discharge petition can be filed
- The House can use a Calendar Wednesday procedure
In the Senate, debate is unlimited unless cloture is invoked. Senators can speak as long as they want and amendments need not be germane. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death".
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A bill is reported
Once a bill has been approved by a committee, it is sent or "reported" to the House floor. At this stage, it is ready to be debated by the House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.
There are three methods for voting on a bill in the 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 to say "no".
- Division: The Speaker asks those who support the bill to stand up and be counted, and then asks those who oppose the bill to do the same.
- Recorded: Representatives record their vote using the electronic voting system. They can vote "yes", "no", or "present" (if they don't want to vote on the bill).
If a majority of Representatives vote "yes", the bill passes in the House of Representatives. The bill is then certified by the Clerk of the House and delivered to the Senate.
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A 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.
The process of voting on a bill in the U.S. House of Representatives involves three methods: viva voce, division, and recorded. In the viva voce method, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In the division method, the Speaker asks those who support the bill to stand up and be counted, and then those who oppose the bill to do the same. In the recorded method, Representatives record their vote using the electronic voting system, where they can vote "yes," "no," or "present" if they don't want to vote on the bill.
If a majority of the Representatives vote "yes," the bill passes in the House and is then certified by the Clerk of the House and delivered to the U.S. Senate. The process is similar in the Senate, where a majority of the Senators must vote "yea" for the bill to pass.
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Frequently asked questions
A law becomes enacted when it is approved by the President or when it is left unsigned by the President for 10 days while Congress is in session.
If the President does not sign a bill, it is called a veto and the bill is sent back to Congress.
Yes, Congress can override a veto with a two-thirds vote in both the House and the Senate.
A public bill affects the public in general, while a private bill affects a specified individual or a private entity.
A pocket veto occurs when a bill is not signed by the President and remains unsigned when Congress is no longer in session. A pocket veto cannot be overridden by Congress.
The committee researches, discusses, and makes changes to the bill.