The process of a bill becoming a law is a lengthy one, with many steps to pass through before successful enactment. In the US, all laws begin as bills, which can be proposed by any member of Congress or even by citizens and advocacy groups. The journey of a bill to becoming a law involves several stages, including drafting, introduction, committee review, voting, and, ultimately, approval by the President. This process can be complex, with many opportunities for a bill to be amended or rejected, and it is important to understand the nuances of each step to appreciate how laws are made.
Characteristics | Values |
---|---|
Step 1 | The Creation of a Bill |
Step 2 | Committee Action |
Step 3 | Floor Action |
Step 4 | Conference Committees |
Step 5 | Presidential Action |
Step 6 | The Creation of a Law |
Step 7 | The Bill Becomes a Law |
Step 8 | Overriding a Veto |
What You'll Learn
A bill is proposed
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. Once a Representative has written a bill, it needs a sponsor. The Representative talks with other Representatives to get their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
The process of introducing a bill differs slightly between the House and the Senate. 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. 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. 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.
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 of the bill is postponed until the next day. The bill is also assigned a number (e.g. S 1) and labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO), where copies are made. Senate bills can be jointly sponsored, and members can cosponsor the legislation.
The Journey of a Bill to Becoming a Law
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A bill is introduced
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 it can be proposed by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.
Once a bill has been drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. 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 in the U.S. House of Representatives, a bill clerk assigns it a number that begins with H.R. The bill is also labelled with the sponsor's name. For example, a bill introduced in the House might be assigned the number HR 1, while a bill introduced in the Senate might be assigned the number S 1. The bill is then sent to the Government Printing Office (GPO), where copies are made.
After introduction, the bill is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members with particular interests and expertise in different topics, such as health or international affairs. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee.
Once the 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 choose to hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, it is considered "dead".
The Legislative Process: From Bill to Law
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A bill goes to committee
Once a bill has been introduced, it is sent to a committee. The Speaker of the House or the presiding officer in the Senate assigns the bill to the appropriate committee. This decision is often made by the House or Senate parliamentarian. The committees are groups of Representatives or Senators who are experts on the bill's topic. Most bills fall under the jurisdiction of one committee, but some may be referred to multiple committees, and parts of the bill may be sent to different committees. One of the committees will be designated the primary committee of jurisdiction and will take the lead on any action.
The committee members will review, research, discuss, and make changes to the bill. They may request reports from government agencies and hold hearings to gather expert opinions before making a decision. The bill may be assigned to a subcommittee by the Chairman, which will closely examine the bill and gather expert opinions before sending it back to the committee.
The committee will then vote on whether to send the bill back to the House or Senate floor. If the committee wishes to make substantial amendments to the bill, they 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.
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 may 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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A bill is reported
Once a bill has been approved by a committee, it is sent, or reported, to the House floor. At this point, the bill is ready to be debated by the U.S. House of Representatives. Representatives will discuss the bill, explaining their reasons for supporting or opposing it. A reading clerk will then read the bill section by section, and Representatives can 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 does the same for opponents. 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 before being delivered to the U.S. Senate.
If a bill fails to gain the support of a committee, it may still be reported to the House floor. In the U.S. House of Representatives, a discharge petition signed by a majority of the House membership (218 members) can release a bill from committee without a proper committee vote. In the Senate, if any senator objects to the introduction of a bill, the introduction may be postponed until the next day.
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A bill is voted on
Once a bill has been introduced, assigned a number, and sent to a committee, it is ready to be voted on. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and those against it to say "no". In a division vote, the Speaker asks supporters to stand up and be counted, and then does the same for opponents of the bill. In a recorded vote, Representatives use an electronic voting system to record their vote. They 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 sent to the U.S. Senate.
The process is similar in the Senate, with Senators voting by voice. Supporters of the bill say "yea", and opponents say "nay". If a majority of Senators support the bill, it passes in the Senate and is ready to be sent to the President.
After a bill has passed in both the House and the Senate, the two chambers must work out any differences between their respective versions of the bill. This is done through a conference committee, which is made up of representatives from each chamber. The conference committee negotiates and bargains until a final compromise is reached. This compromise is embodied in a Conference Report, which must be approved by both chambers before the bill can be sent to the President for signature.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
Ideas for bills can come from sitting members of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress.
The first step is to draft the bill. Any member of Congress can do this.
The second step is to introduce the bill. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate.
The third step is to send the bill to a committee. Both the House and the Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs.