The process of a bill becoming a law is a long and complex one. In the United States, the creation of laws is the most important job of the U.S. House of Representatives. All laws begin as bills, which can be proposed by a Representative or a citizen. Once a bill has been proposed, it needs a sponsor and the support of other Representatives before it can be introduced. A bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. From there, it is assigned a number and a sponsor, and copies are made. The bill is then sent to a committee, which will research, discuss, and make changes to it. If the committee approves the bill, it is sent back to the House floor for debate and a vote. If the bill passes in the House, it is sent to the Senate, where it goes through a similar process. If the bill passes in the Senate, it is sent to the President, who can choose to sign and pass the bill, veto it, or do nothing (a pocket veto). If the President vetoes the bill, Congress can hold another vote, and if two-thirds of Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
What You'll Learn
The Bill Is Proposed
The process of a bill becoming a law begins with an idea. These ideas can come from a Representative, a citizen, or a citizen group. If a Representative agrees with a citizen's idea, they will research the idea and write it into a bill.
Once a bill has been written, it needs a sponsor. The Representative will then discuss the bill with other Representatives to try and get their support. Once a bill has a sponsor and the support of other 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. A bill must be introduced by a Representative. Once introduced, a bill is given a number that begins with H.R. and is then read to all the Representatives by a reading clerk.
The next step is for the bill to be sent to a committee. Committees are groups of Representatives who are experts on specific topics. They will review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee would like more information, the bill is sent to a subcommittee. The subcommittee will then closely examine the bill and gather expert opinions before sending it back to the committee for approval.
Once the committee has approved a bill, it is sent back to the House floor, where Representatives will debate the bill and explain why they agree or disagree with it. A reading clerk will then read the bill section by section, and Representatives will recommend changes. Once all changes have been made, the bill is ready to be voted on.
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The Bill Is Introduced
In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If a senator objects, the introduction is postponed until the following day. The bill is then assigned a number (e.g. S 1) and the name of its sponsor. Senate bills can be jointly sponsored.
Once introduced, the bill is referred to a 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. The bill is placed on the committee's calendar, and failure to act on it is equivalent to killing it. The committee will review, research, and revise the bill before voting on whether to send it back to the House floor.
The Bill Goes to Subcommittee
If the committee members require more information before deciding on the bill, it is sent to a subcommittee. The subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval.
The Bill Is Reported
Once the committee has approved a bill, it is sent, or reported, to the House floor for debate. A reading clerk reads the bill section by section, and representatives recommend changes. When all changes have been made, the bill is ready to be voted on.
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The Bill Goes to Committee
Once a bill is introduced, it is assigned to a committee whose members will review, research, discuss, and make changes to the bill. The committee members are groups of Representatives who are experts on topics such as agriculture, education, or international relations. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to more than one committee, and parts of the bill may be sent to different committees. 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. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members). Comments about the bill's merit are requested by government agencies.
The Chairman may assign the bill to a subcommittee. Subcommittees closely examine the bill and gather expert opinions before reporting their findings to the full committee. The full committee then votes on whether to send the bill back to the House floor. 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 chamber must approve, change or reject all committee amendments before conducting a final passage vote.
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The Bill Is Voted On
Once a bill has been debated and all changes have been made, it is ready 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 vote "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.
The process in the Senate is similar, with Senators voting 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.
It is important to note that the Senate and the House have some procedural differences in their lawmaking processes. While both are equal in how they function, there are certain types of legislation that only one or the other can initiate. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. Additionally, while the House processes legislation through a majority vote, the Senate places a greater emphasis on deliberation and debate prior to voting.
After a bill has passed in both the House and the Senate, it is presented to the President. The President has the power to approve or veto the bill. If the President chooses to veto the bill, Congress can still override the veto and pass the bill into law with a two-thirds majority vote in both the House and the Senate.
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The Bill Is Sent to the President
When a bill reaches the President, they have three options. They can:
- Sign and pass the bill, which becomes a law.
- Refuse to sign or veto the bill, which is then sent back to the U.S. House of Representatives and the U.S. Senate, along with the President's reasons for the veto. If the House and Senate still believe the bill should become a 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 a law.
If a bill has passed in both the House and the Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.
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Frequently asked questions
Any member of the U.S. Senate or House of Representatives can propose a bill. 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.
If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. If two-thirds of the Representatives and Senators support the bill, the President's veto can be overridden and the bill becomes a law.
If the President does nothing (i.e. doesn't sign a bill) for 10 days and Congress has already adjourned, the bill does not become a law. This is known as a "pocket veto".