The process of a bill becoming a law is a complex one, and in the United States, it involves the House of Representatives, the Senate, and the President. A bill is a proposal for a new law or a change to an existing one, and it can be introduced by a member of the House of Representatives or the Senate, or even be petitioned by citizens or citizen groups. Once introduced, the bill is assigned to a committee, which researches, discusses, and makes 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 the bill, they must work out any differences, and then both chambers vote on the same version. If it passes, it is presented to the President, who can either approve and sign it into law or refuse to approve it, which is called a veto. Congress can, however, vote to override a veto for the bill to become a law.
What You'll Learn
How a bill is proposed
The first step in the process of a bill becoming a law is the proposal stage. This is where a bill is introduced or 'dropped' by a member of the legislature. In the US, this would be a member of the House of Representatives or the Senate. The proposal of a bill can be done by any member of the House or Senate, this is known as a 'private bill'. Alternatively, the proposal can come from the President, in the form of a 'message', or the respective chamber's 'committee', which is known as a 'public bill'.
A bill will usually be proposed by a member of Congress who has an interest in a particular area of policy. This could be an issue that is important to their constituency, or a national issue that they feel needs to be addressed. For example, a representative from a rural state might propose a bill that benefits farmers, or a senator from a state with a large aging population might propose a bill to improve social security.
Before a bill is proposed, the member of Congress will usually have done a lot of research and consultation on the issue. They may have held hearings, consulted with experts, and sought input from their constituents. This process can take a long time, sometimes years, as the member of Congress wants to be sure that their bill is well-crafted and has a good chance of success. During this time, they may also seek support from their colleagues, who can co-sponsor the bill, which can help to increase its chances of being passed.
Once a bill is proposed, it is assigned a number and referred to the appropriate committee. This committee will then review the bill and decide if it should move forward. The committee stage is a critical part of the process, as it is where the bill will be scrutinized, amended, and, if successful, approved to move to the next stage. The committee may hold hearings, invite experts, and seek input from the public. This process can also take a significant amount of time, as the committee wants to be sure that the bill is thoroughly vetted before it moves forward to the next stage of becoming a law.
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How a bill is introduced
The legislative process begins with the introduction of a bill. Any member of the House of Representatives or the Senate can introduce a piece of legislation. In the House, legislation is handed to the clerk of the House or placed in the hopper, a special box on the side of the clerk's desk. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction is postponed until the next day.
Once introduced, the bill is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO), where copies are made. Senate bills can be jointly sponsored, and members can cosponsor the legislation.
Committee Action
After introduction, the bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. This referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to multiple committees, and the Speaker of the House may set time limits. The bill is then placed on the calendar of the committee to which it has been assigned. Failure to act on a bill is equivalent to killing it. In the House, a discharge petition signed by a majority of the House membership (218 members) is required to release a bill from committee without a proper committee vote.
The committee will request comments about the bill's merit from government agencies. The committee chair may also assign the bill to a subcommittee for further examination and expert opinions before it is sent back to the committee for approval. The subcommittee will report its findings to the full committee.
The Bill Is Reported
Once the committee has approved a bill, it is sent or "reported" to the House or Senate floor, where it is ready to be debated. A "mark-up" session is held, during which the committee makes revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" that 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 chamber must approve, change, or reject all committee amendments before conducting a final passage vote.
After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose the bill may write a dissenting opinion in the report. The report is then sent back to the whole chamber and placed on the calendar.
Reaching the Floor
In the House, most bills go to the Rules Committee, which adopts rules that will govern the procedures for debating the bill. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can significantly impact the bill's chances of passing. The Rules Committee can be bypassed in three ways: by suspending the rules (requires a 2/3 vote), filing a discharge petition, or using a Calendar Wednesday procedure.
Legislation is then placed on one of the House Calendars or the Senate Legislative Calendar. The Speaker of the House and the Majority Leader decide what will reach the floor and when. In the Senate, scheduling of legislation is the job of the Majority Leader, and bills can be brought to the floor whenever a majority of the Senate chooses.
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How a bill is assigned to a committee
Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to it. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The referral decision is often made by the House or Senate parliamentarian. The bill is then placed on the calendar of the committee to which it has been assigned.
In the House of Representatives, the work is divided among over twenty permanent committees. Committees may send the bill to their specialised subcommittees for study, hearings, revisions, and approval. The committee chairman may also assign the bill to a subcommittee. The subcommittee reports its findings to the full committee. The full committee will then hold a "mark-up" session, during which it will make revisions and additions. 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 committee will request comments about the bill's merit from government agencies. The committee will then vote on the bill, after which it is "ordered to be reported". After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
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How a bill is reported
Once a bill has been approved by a committee, it is sent, or 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 and explain why they agree or disagree with it. A reading clerk then reads the bill section by section, and the 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 (voice vote): The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no."
- Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then asks those who oppose the bill to do the same.
- 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.
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How a bill is voted on
The process of a bill becoming a law involves several steps, and one of the most crucial steps is how a bill is voted on. This process can vary slightly between different legislative bodies, but there is a general structure that is commonly followed. Here is a detailed overview of the typical process:
Committee Review and Recommendation
Once a bill has been introduced and assigned to the appropriate committee, the committee members review the bill and discuss its merits. They may hold hearings, invite experts and stakeholders to testify, and propose amendments to the bill. After deliberations, the committee votes on whether to recommend the bill to the full legislative body for further consideration.
Floor Debate and Amendment
If the bill passes the committee stage, it is then brought to the floor of the legislative body (e.g., the House of Representatives or the Senate in the US Congress). At this stage, all members have the opportunity to debate the bill openly. This involves presenting their arguments for or against the bill and proposing amendments to modify or strengthen its provisions. The floor debate allows for a thorough examination of the bill and gives all legislators a chance to influence its content.
Voting in the Legislative Body
After the floor debate, the presiding officer of the legislative body calls for a vote. This is typically done through a roll-call vote, where each member's vote is recorded individually. The bill must meet the required quorum and achieve a simple majority (in most cases) for it to pass. In some cases, a supermajority (two-thirds or three-fifths) vote may be required, especially for significant or controversial legislation.
During this voting process, members cast their votes according to their own judgment, the interests of their constituents, and the influence of party leadership or political affiliations. The vote is then tallied, and the outcome determines whether the bill proceeds further or fails.
Additional Votes and Concurrence
If the bill passes, it may still need to go through additional votes, especially if there have been amendments made. This ensures that the final version of the bill is agreed upon by the entire body. Additionally, if the bill originated in one house of a bicameral legislature, the process outlined above (committee review, floor debate, and voting) must occur in the other house as well.
The process by which a bill is voted on is a critical aspect of lawmaking. It involves robust discussions, amendments, and the consideration of diverse perspectives. This multi-step process ensures that legislation is thoroughly vetted and reflects the interests of the people being represented.
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Frequently asked questions
A bill 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 or be proposed during their election campaign. 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. 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. The president can approve the bill and sign it into law or refuse to approve a bill, 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.
Any member of the U.S. Senate or House of Representatives can introduce a bill.
In the 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. In the Senate, members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.
The bill is assigned a number (e.g. HR 1 or S 1) and a sponsor's name. It is then sent to the Government Printing Office (GPO) and copies are made. The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate.
The committee members review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.
The bill is sent to the House floor to be debated. Representatives discuss the bill and explain why they agree or disagree with it. A reading clerk 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.
There are three methods for voting on a bill in the U.S. 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 that oppose it say “no.In a division vote, 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. In a recorded vote, Representatives record their vote using the electronic voting system and 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 bill goes through many of the same steps in the Senate as it did in the House. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote 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.