Understanding The Legislative Process: A Bill's Journey

Are your students confused about how a bill becomes a law? This is a complex process, and bills face potential death at every corner. In the US, all laws begin as bills, and the journey to becoming a law starts in the House of Representatives. The bill needs a sponsor and the support of other Representatives before it can be introduced. Once introduced, it is read aloud, assigned a number, and sent to a committee. The committee reviews, researches, and revises the bill, and may send it to a subcommittee for further examination. If the committee approves the bill, it is sent back to the House floor to be debated and voted on. If the bill passes in the House, it goes through a similar process in the Senate. If it passes in the Senate, it is sent to the President, who can sign it into law, veto it, or do nothing (pocket veto). If the President vetoes the bill, it is sent back to the House, which can hold another vote to override the veto. If two-thirds of the Representatives and Senators support the bill, it becomes a law.

Bill creation

The Beginning of a Bill

Laws begin as ideas. These ideas can come from a Representative or a citizen. Citizens with ideas for laws can contact their Congressional Representatives to discuss their ideas. If the Representatives agree with the idea, they will research and write it into a bill.

Proposing the Bill

When a Representative has written a bill, they must find a sponsor. They will then discuss the bill with other Representatives to try and get their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

Introducing the Bill

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 U.S. House of Representatives. 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.

The Bill Goes to Committee

When the bill reaches the committee, the committee members will review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee members want more information before making their decision, the bill is sent to a subcommittee to be closely examined and expert opinions gathered.

The Bill Is Reported

When the committee has approved a bill, it is sent back to the House floor to be debated by the U.S. House of Representatives. Representatives discuss the bill, explaining why they agree or disagree with it. A reading clerk then 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.

Committee action

Once a bill has been introduced and assigned a number, it is sent to a committee. The Speaker of the House assigns the bill to the appropriate committee. The committee members are groups of Representatives who are experts on specific topics such as agriculture, education, or international relations.

The committee members seek expert input, hold "mark-up" sessions to make any changes or updates deemed important, and, if necessary, send the bill to a subcommittee for further analysis through research and hearings. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

If the committee is satisfied with the content of the bill, it is sent back to the House for debate. However, a bill can also die in committee if the legislation is deemed unnecessary.

The committee stage is crucial in the legislative process as it allows for detailed scrutiny and discussion of the bill. It is during this stage that amendments and changes are proposed and considered before the bill moves forward in the legislative process.

Floor action

Once a bill has been reported, it is ready to be debated on the floor of the House of Representatives. During the debate, Representatives discuss the bill and explain why they agree or disagree with it. A reading clerk then reads the bill section by section, and 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), Division, and Recorded. In a voice vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no." In a division vote, 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 a recorded vote, Representatives record their vote using an electronic voting system, and 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 and is then certified by the Clerk of the House and delivered to the Senate. If the bill does not receive a majority vote, it fails and does not advance further.

The Senate follows a similar process to the House of Representatives when a bill reaches the floor. The bill is debated and voted on, with Senators voting by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators vote in favour of the bill, it passes in the Senate and is ready to be sent to the President. If the bill does not receive a majority vote in the Senate, it fails and does not become law.

Conference committees

If the conference committee reaches a compromise, it prepares a written report, which is then submitted to each chamber. This report must be approved by both the House and the Senate. If the conference committee is unable to reach an agreement, the bill dies.

Presidential action

Once a bill has been passed by both the U.S. House of Representatives and the U.S. Senate, it is sent to the President for approval. The President has three options:

Pass

If the President approves of the bill, they can sign it and pass it into law. The President usually writes "approved" and adds the date, but the Constitution only requires their signature.

Veto

If the President does not approve of the bill, they can veto it, which means the bill is sent back to the U.S. House of Representatives, along with the President's reasons for the veto. If the House and the Senate still believe the bill should become law, they can hold another vote. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes law.

Pocket Veto

If the President does nothing and neither signs nor returns the bill to Congress with objections within 10 days (excluding Sundays), it becomes law as long as Congress remains in session. If Congress is not in session, the bill does not become law.

Returning to Congress

If the President vetoes the bill, it is sent back to the U.S. House of Representatives. At this point, the Speaker of the House may decide not to pursue the bill further, or they can send it back to committee for further consideration before another vote.

Frequently asked questions