The process of a bill becoming a law is a complex one, with many steps and caveats. In the US, a bill is a proposal for a new law or a change to an existing one. The idea for a bill can come from a sitting member of the US Senate or House of Representatives, or be proposed by citizens or citizen groups. Once a bill is introduced, it is assigned 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 vote to accept a bill, they must work out any differences between the two versions, and then both chambers vote on the same version. If it passes, they present it to the president. The president can then 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.
What You'll Learn
The bill is introduced
The process of a bill becoming a law begins with 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 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 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 Senator usually introduces a bill 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 from the floor, usually accompanied by a statement about the measure.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Representatives or Senators who are experts on particular topics such as agriculture, education, or international relations. The committee may choose to hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, it is considered "dead".
The next steps in the process include subcommittee review, committee mark-up, voting by the full chamber, and referral of the bill to the other chamber, where it will go through a similar process.
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The bill is assigned to a committee
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. This is a crucial step in the process of a bill becoming a law.
The committee is usually made up of groups of representatives or senators who are experts on the bill's topic, such as agriculture, education, or international relations. They carefully examine the bill and determine its chances of passage by Congress. The committee may also choose to hold hearings and invite experts to better understand the bill's implications. If the committee does not act on a bill, it is considered "dead".
If the committee requires more information before making a decision, the bill is sent to a subcommittee. The subcommittee examines the bill in detail and gathers expert opinions before sending it back to the committee for approval.
Once the committee has finished its review, it will hold a "mark-up" session, where revisions and additions are made. If substantial amendments are proposed, the committee may introduce a clean bill that includes these changes. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
After the committee has completed its work, it votes on whether to approve the bill. If the bill is approved, it is then sent back to the full chamber, where it will be debated and voted on by all members.
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The bill is voted on
Once a bill has been introduced, assigned to a committee, and reported, it is put before the chamber to be voted on. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. For a viva voce vote, the Speaker of the House asks Representatives to say "aye" if they support the bill, and "no" if they oppose it. For a division vote, the Speaker asks those in support of the bill to stand up and be counted, and then asks those who oppose the bill to do the same. For a recorded vote, Representatives record their vote using an electronic voting system, and can vote "yes", "no", or "present" if they do not want to vote on the bill. If a majority of Representatives vote "yes", the bill passes in the House and is then sent to the 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 the House and Senate pass different versions of the bill, it is sent to a Conference Committee, which works to reconcile the differences between the two versions. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber for approval. If both the House and the Senate approve the report, the bill is sent to the President.
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The bill is sent to the President
Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review. The President has three options:
- Sign and pass the bill, which becomes a law.
- Refuse to sign, or veto, the bill. The bill is then sent back to the House of Representatives, along with the President's reasons for the veto. If the House of Representatives and the Senate still believe the bill should become 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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The bill becomes law
Any member of the US Congress can introduce a bill, which is a proposal for a new law or a change to an existing one. The idea for a bill can come from a sitting member of the US Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once introduced, a bill is assigned a number (e.g. HR 1 or S 1) and given to the Government Printing Office (GPO) to be copied.
Committee Action
The next step is for the bill to be referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Bills are usually referred to more than one committee and may be split so that parts are sent to different committees. Committees review, research, discuss, and make changes to the bill. They may also hold hearings and request comments about the bill's merit from government agencies. If a bill passes one body of Congress, it goes through a similar process in the other body.
Voting
Once both bodies have voted 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.
Presidential Review
The president then has the choice to approve the bill and sign it into law, or to veto it. 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".
Once a bill has been signed by the president or the veto has been overridden by both houses of Congress, it becomes a law and is assigned an official number.
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Frequently asked questions
Any member of Congress – either from the Senate or the House of Representatives – can introduce a bill. The idea for a bill can also come from citizens or citizen groups, who can 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 to the other body to go through a similar process of research, discussion, changes, and voting.
If the President chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law.