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How a Bill becomes a Law

There are four types of legislation:

  • bills
  • simple resolutions
  • joint resolutions
  • concurrent resolutions

Members of Congress who introduce specific legislation become sponsors of that legislation. The official legislative process begins when a bill or resolution is numbered - S. signifies a Senate bill and H.R. a House bill. Once numbered, a bill goes through the following steps to become law.

  1. Referral to Committee. Bills are usually referred to standing committees according to carefully delineated rules of procedure.
  2. Committee Action. The bill is placed on the committee's calendar where it can be considered or referred to a subcommittee. The bill is examined carefully and its chances for passage determined. If the committee does not act on a bill, it is "killed".
  3. Subcommittee Review. Bills are frequently referred to a subcommittee for study and hearings in order to put on the record the views of the executive branch, experts, public officials, supporters and opponents.
  4. Mark Up. When all hearings on a bill are completed, the subcommittee may meet to "mark up" (make changes or amendments) prior to recommending the bill to the full committee. If the subcommittee votes not to report legislation to the full committee, the bill is dead.
  5. Committee Action to Report a Bill. After receiving the subcommittee's report, the full committee can conduct further study and hearings, or vote on the subcommittee's recommendations and any proposed amendments. Voting on recommendation of a bill to the House or Senate is called "ordering a bill reported."
  6. Publication of a Written Report. Once a committee votes to have a bill reported, the chairman instructs staff to prepare a report on the bill which describes the intent and scope of the legislation as well as its impact on existing laws and programs, the position of the executive branch, and the views of dissenting members.
  7. Scheduling Floor Action. After the bill is reported back to the chamber where it originated, it is placed on the calendar. The House has several different legislative calendars. The House Speaker and Majority Leader determine if, when and in what order bills come up. The Senate has only one legislative calendar.
  8. Debate. When the bill reaches the floor of the House or Senate, rules and procedures govern the debate and determine the conditions and amount of time allocated for such debate.
  9. Voting. After debate and approval of any amendments, the bill is voted on by members.
  10. Referral to Other Chamber. When a bill is passed by the House or Senate, it is referred to the other chamber where it usually follows the same route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or change it.
  11. Conference Committee Action. If only minor changes are made to a bill by the other chamber, it is common for the legislation to go back to the first chamber for concurrence. If, however, significant alterations are made, a conference committee made up of members of both chambers, is formed to reconcile the differences. If the conference committee is unable to reach agreement, the legislation dies. If agreement is reached, a conference report is prepared describing the committee's recommendations for changes. Both chambers (House and Senate) must approve the conference report.
  12. Final Actions. After the bill has been approved by the House and Senate in identical form, it is sent to the President. If approved by the President, he signs it and the legislation becomes law. If the President takes no action for ten days, while the Congress is in session, the bill automatically becomes law. If the President opposes the bill, he can veto it. The legislation is also vetoed if the President takes no action after the Congress has adjourned its second session, called a "pocket veto".
  13. Overriding a Veto. If the President vetoes a bill, Congress may attempt to override the veto. A two-thirds majority is required.

Information gathered from "Congress at Your Fingertips", a publication of Capitol Advantage Publishing, P.O. Box 2018, Merrifield, VA 22116-2018, toll free (877) 827-3321, fax (703) 550-0406, capitoladvantage.com.

Capitol Hill Building, Washington DC USA
Capitol Hill Building, Washington DC USA