Understanding The Legislative Process: A Comprehensive Guide

Creating laws is the most important function of the U.S. House of Representatives. All laws in the United States begin as bills, which can be drafted by anyone, but only introduced by members of Congress. Once a bill is introduced, it is assigned to a committee, which examines and researches it before voting on whether to send it back to the House floor. If the bill passes in the House, it is sent to the U.S. Senate, where it goes through a similar process. If the bill passes in the Senate, it is sent to the President, who can approve and sign it into law, or veto it. If the President chooses to veto, Congress can vote to override the veto, and the bill becomes a law.

A bill is proposed

Anyone can draft a bill, but only members of Congress can introduce legislation and become sponsors. The president, a member of the cabinet, or the head of a federal agency can also propose legislation, but a member of Congress must introduce it. 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, be proposed during their election campaign, or 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 written, the bill writer talks to other representatives about it to get their support. Once a bill has a sponsor and the support of some of the 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. Only representatives can introduce bills in the House. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. It is then read by a reading clerk to all the representatives, and the Speaker of the House sends the bill to one of the House standing committees.

The committees reviewing the bills are groups of representatives who are experts on topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members want more information before deciding, the bill is sent to a subcommittee to be closely examined and expert opinions gathered before it is sent back to the committee for approval.

A bill is introduced

The legislative process begins with the introduction of a 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 House. Once introduced, a bill is assigned a number that begins with H.R. and is read by a reading clerk to all the Representatives.

In the Senate, the process is slightly different. 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 following day. Senate bills can be jointly sponsored and members can co-sponsor legislation.

After introduction, a bill is sent to the Government Printing Office (GPO) where copies are made. It is then assigned to a committee, which will research, discuss, and make changes to the bill. The Speaker of the House or the presiding officer in the Senate typically refers the bill to the appropriate committee. In some cases, a bill may be referred to multiple committees or split so that different parts are sent to different committees.

The committee will hold a "mark-up" session to make revisions and additions to the bill. If substantial amendments are made, a new "clean bill" including the proposed amendments is introduced, and the old bill is discarded. Once the committee has approved a bill, it is sent back to the House or Senate floor for further debate and voting.

The legislative process is a complex and lengthy one, with many steps involved in introducing and passing a bill. The introduction stage is crucial as it sets the bill on its path through the legislative process, leading to its potential enactment into law.

A bill goes to committee

Once a bill has been proposed, introduced, and assigned a number, it is sent to a committee. In the House, the Speaker refers the bill to all committees with jurisdiction over the bill's provisions. In the Senate, the bill is typically referred to only one committee with jurisdiction over the predominant issue in the bill. Most bills fall under the jurisdiction of one committee, but if multiple committees are involved, each committee will only work on the portion of the bill that is within its jurisdiction. One of the committees will be designated as the primary committee and will lead on any action.

Committees are made up of groups of Representatives who are experts on the topic of the bill. For example, a bill about agriculture will be sent to a committee of Representatives who are knowledgeable about that subject. The committee members will then review, research, and revise the bill. They may call on expert opinions to help inform their decisions. The committee chair has the authority to set the agenda and identify the bills the committee will act on through hearings and/or a markup.

A hearing is a forum where committee members and the public can hear about the strengths and weaknesses of a proposal from selected parties, such as relevant industries and citizen groups. Invited witnesses provide oral and written feedback on the bill. After oral statements, committee members ask questions of the witnesses. Hearings are not required procedurally, but they do provide a formal setting for feedback.

A markup is the key formal step that allows a bill to advance to the floor. The committee chair chooses the proposal for the markup: a referred bill or a new draft. The committee considers possible changes by offering and voting on amendments. A markup concludes when the committee agrees by majority vote to report the bill to the chamber. Committees rarely hold a markup unless the proposal is expected to receive majority support.

Most House and Senate committees also have subcommittees that can further focus on specific elements of the bill. Subcommittees cannot report legislation to the chamber; only full committees may do so.

A bill is reported

Once a bill has been approved by the committee, it is sent, or reported, to the House floor. After a bill is reported, it 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. Then, a reading clerk 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 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.

A bill is voted on

Once a bill has been introduced, assigned a number, and given a sponsor, it is ready to be voted on. 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 House. A bill clerk then assigns it a number that begins with H.R. and sends it to one of the House standing committees.

When the bill reaches the committee, it is reviewed, researched, and revised before being voted on. If the committee members require more information, the bill is sent to a subcommittee to be closely examined and expert opinions gathered. Once the committee has approved a bill, it is sent to the House floor to be debated. Representatives discuss the bill, explaining their reasons for agreeing or disagreeing 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 U.S. House of Representatives: Viva Voce (voice vote), Division, and Recorded. In a voice vote, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no." In a Division vote, supporters and opponents of the bill are asked to stand up and be counted. In a Recorded vote, Representatives record their vote using an electronic voting system, with options to vote yes, no, or present if they don't want to vote. If a majority of Representatives vote yes, the bill passes in the House and is delivered to the U.S. Senate.

The process in the Senate is similar. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea," the bill passes in the Senate and is ready to go to the President.

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