Creating laws is the most important function of the U.S. House of Representatives. All laws in the United States begin as bills, which are proposals for a new law or a change to an existing one. The process of a bill becoming a law involves multiple stages, including drafting, introduction, committee review, voting, referral to the other chamber, presidential approval, and potential veto override. This journey involves the House of Representatives, the Senate, and the President, each playing a crucial role in shaping the legislation. Understanding how a bill becomes a law provides insight into the legislative process and the functioning of the U.S. government.
What You'll Learn
The bill is proposed
The first step in the legislative process is the conception of an idea for a bill and its introduction in Congress. Any member of the House or Senate may propose new legislation. Usually, only members of Congress can introduce bills, but sometimes other people, like the president, federal judges, or private citizens, will request or suggest legislation. In the Senate, any senator may speak on the floor at any time about potential legislation, but in the House, representatives must be given permission to make a special speech about a bill they want to introduce. This is called "seeking recognition to extend remarks in the House." In both chambers, the bill is assigned a number and a title by the clerk of the House or Senate.
A bill usually has to go through a number of steps and hurdles before it can become a law. The first step is the introduction of a bill, which is then referred to a committee for review. Committees are an essential part of the legislative process, as they are where bills are carefully examined and where members with similar interests can come together to discuss and take action on issues under their jurisdiction. Most bills are referred to a committee after introduction, and it is up to the committee whether to pass the bill on to the full chamber for a vote.
Each bill is referred to a specific committee, depending on its subject matter. For example, a bill about taxes would go to the Finance Committee, while a bill about environmental issues might go to the Environment and Public Works Committee. Committees are made up of a small group of senators or representatives, and each party is represented proportionally based on how many seats they hold in the chamber. The committee reviews, investigates, and debates the bill, often making changes or amendments. Committees often hold hearings on bills, where they hear testimony from experts, stakeholders, and members of the public.
After the committee finishes its work on a bill, it will report its findings and recommendations to the full chamber. The committee can recommend that the bill be passed, amended, or rejected. If the committee recommends passage, the bill proceeds to the next stage, which is a vote by the full chamber. If the committee recommends amendments, these will be considered by the full chamber when the bill comes up for a vote. If the committee recommends rejection, the bill usually dies and does not proceed further. However, the full chamber can still choose to consider the bill and potentially pass it, even without a favorable committee report.
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The bill is introduced
If the bill is released by the committee, it is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the other chamber. In the U.S. Congress, this would be from the House of Representatives to the Senate, or vice versa. In the second chamber, the bill is assigned to another committee and, if released, debated and voted on again. A bill can go back and forth between the two chambers of a legislature until a consensus is reached. However, it's important to note that a bill could fail at any point in this process.
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The bill goes to committee
Once a bill has been introduced, it is assigned to a committee. Committees are made up of groups of Congress members with a particular interest in a specific topic, such as health or international affairs. The committee will research, discuss, and make changes to the bill. The committee may also hold hearings to better understand the implications of the bill, allowing the views of experts, other public officials, supporters, and opponents to be put on record. If the committee does not act on a bill, it is considered "dead".
If the committee approves a bill, it is sent to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee review are completed, the committee will meet to make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill", which includes 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 then vote on whether to report the bill to the floor. If the committee votes against reporting the bill, it dies. If the committee votes in favour of the bill, it is reported to the floor, in a procedure called "ordering a bill reported". The committee staff will then prepare a written report explaining why they favour the bill and why they wish to see their amendments adopted. Committee members who oppose a bill may write a dissenting opinion in the report. The report is then sent back to the chamber and is placed on the calendar.
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The bill is reported
Once a bill has been approved by a committee, it is reported to the House floor. At this stage, the bill is ready to be debated by the U.S. House of Representatives.
During the debate, Representatives discuss the bill, explaining why they agree or disagree with it. A reading clerk then reads the bill section by section, and Representatives recommend changes. Once all changes have been made, the bill is ready to be voted on.
There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce, Division, and Recorded. In a Viva Voce vote, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no". In a Division vote, the Speaker asks supporters to stand up and be counted, and then asks opponents 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 U.S. House of Representatives and is then certified by the Clerk of the House and delivered to the U.S. Senate.
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The bill is voted on
The bill is now ready to be voted on by the Assembly. The Assembly debates the general principles of the bill. The Minister or Member in charge of the bill begins the debate by outlining the bill’s objectives. Other Members, including the chairperson of the relevant committee, give their opinion. The Minister or Member in charge speaks last in the debate. They respond to questions and comments about the bill. At the end of the debate, MLAs vote to decide whether the bill should proceed to the next stage. The Assembly may reject the bill if it disagrees with its main aims. If approved, the Assembly refers the bill to the appropriate committee.
The committee considers the bill in detail, clause by clause and line by line. It consults interested parties, including the relevant department, if it is an Executive Bill. The committee discusses what amendments to make and produces a report on the bill. MLAs can suggest changes, known as amendments, to bills and motions by proposing them to the Speaker, who will choose which amendments will be debated in Plenary. Amendments may propose changes to the existing provisions of the bill or may involve adding wholly new material.
MLAs then debate and vote on each clause, schedule and proposed amendment to the bill. There is no opening speech by the Minister or sponsoring Member at the start of this stage, but they will be called to “move” (formally propose) and speak about any amendments in their name, or to respond to amendments proposed or queries raised by other Members. Amendments about related issues or parts of a bill are usually grouped together so that they can be debated together. However, when it comes to voting, each amendment is voted on in strict numerical sequence, according to the order in which they impact the bill. There is one exception to this rule: the bill’s Long Title and any amendments to it are always voted on last.
After the debate, the list of amendments is updated to show the results of the votes. This is the final opportunity to amend the bill. The amendments procedure is similar to the previous stage, but this time the debate is limited solely to new amendments. If there are no amendments, there is no debate.
No date can be set for the final stage of a bill until the Speaker has considered the bill and signified to the Minister or Member in charge that it may properly proceed to the final stage; or, where the Speaker refers the bill to the Secretary of State, consent has been given for the bill to proceed. No amendments are debated at this stage. Members debate and vote on whether to pass the bill.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
A bill can be 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 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.
After the committee reviews the bill, it is 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.
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.