The process of a bill becoming a law is a long and complex one, with many steps and potential setbacks. In the United States, the creation of laws is the most important job of the House of Representatives. All laws begin as bills, which can be proposed by a Representative or a citizen. If a citizen has an idea for a law, they can contact their Representative to discuss it. If the Representative agrees, they will research the idea and write it into a bill. The bill then needs a sponsor and the support of other Representatives before it can be introduced. Once introduced, the bill is placed in a special box called the hopper and assigned a number. It is then read to all the Representatives and sent to a committee for review, research, revision, and voting. If the committee needs more information, the bill is sent to a subcommittee. After the committee has approved the bill, it is sent back to the House floor for debate and voting. 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 (pocket veto). If the President vetoes the bill, Congress can hold another vote, and if two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
What You'll Learn
A bill is proposed and introduced
The legislative process begins with an idea for a law, which can come from 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 their elected representative. Once a Representative has written a bill, it needs a sponsor. The Representative talks with other Representatives about the bill, with the hope of gaining 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 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 is then assigned to a committee whose members will research, discuss, and make changes to the bill. 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.
The bill is proposed
When a Representative has written a bill, they will need to find a sponsor. The Representative will talk with other Representatives about the bill, with the hope of gaining their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
The bill is 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 U.S. House of Representatives. When a bill is introduced, a bill clerk will assign it a number that begins with H.R. A reading clerk will then read the bill to all the Representatives, and the Speaker of the House will send the bill to one of the House standing committees.
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The bill goes to committee
Once a bill has been introduced, it is sent to a committee. Both the House and the Senate have various committees composed of groups of members of Congress who are particularly interested in different topics, such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, it is considered "dead".
Subcommittees are organised under committees and have further specialisation on a certain topic. Often, committees refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.
When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
Once the bill reaches the floor, there is additional debate and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members voting.
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The bill is reported
Once the committee has approved a bill, it is sent, or reported, to the House floor. Once reported, a 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. 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): 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 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.
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The bill is voted on
Once a bill has been debated and 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 say or select 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.
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.
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The bill is referred to the Senate
Once a bill has been passed in the House, it is delivered to the Senate, where it goes through many of the same steps it went through in the House.
The bill is first discussed in a Senate committee, which is a group of Senators with a particular interest in the bill's topic. The committee will carefully examine the bill and determine its chances of passage by the entire Senate. The committee may also hold hearings to better understand the bill's implications by hearing from experts and opponents of the bill. If the committee does not act on a bill, it is considered dead.
If the committee approves the bill, it is reported to the Senate floor to be voted on. Senators vote by voice, with supporters saying "yea" and opponents saying "nay". If a majority of Senators say "yea", the bill passes in the Senate and is ready to be sent to the President.
The process in the Senate is similar to that in the House, but there are some key differences. In the Senate, members can speak as long as they want, and amendments do not need to be relevant to the bill's topic. Senators can also use a filibuster to defeat a measure by "talking it to death".
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Frequently asked questions
The first step is the introduction of the bill. Any member of the House of Representatives can introduce a bill, which is then handed to the clerk of the House or placed in the hopper. The bill is then assigned a number (e.g. HR 1) and labelled with the sponsor's name.
After introduction, the bill is sent to a committee, which will research, discuss, and make changes to the bill. The committee will then vote on the bill, and if it passes, it will be sent to the House floor for further debate and a full House vote. If the bill passes the House, it will then be sent to the Senate, where it will go through a similar process.
If the President vetoes a bill, it will be sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto by holding another vote on the bill. If two-thirds of both the House and the Senate support the bill, the President's veto will be overridden and the bill will become a law.