Understanding Lawmaking: 5 Steps To A Bill's Passage

Laws in the United States are made through a multi-step process that involves both chambers of Congress and the President. The process begins with a bill, which is a proposal for a new law or a change to an existing one. These bills can be drafted by members of Congress or proposed by citizens and advocacy groups. Once a bill is introduced, it is assigned to a committee, which researches and debates the bill before voting on whether to send it back to the chamber floor. The bill is then put before the chamber to be voted on, and if it passes, it goes to the other chamber to go through a similar process. Once both chambers have approved the bill, they must reconcile any differences between their versions. The bill is then presented to the President, who can approve it, veto it, or do nothing. If the President vetoes the bill, Congress can attempt to override the veto, and if successful, the bill becomes law.

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 member of Congress has an idea for a bill, they must write and draft it. 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 sponsor is the primary Congress member supporting the bill, and any other members who support it are called co-sponsors.

When a bill has been drafted, the Representative talks with other Representatives about it, hoping to get their support. Once a bill has a sponsor and the support of some Representatives, it is ready to be introduced. In the House of Representatives, this means 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 in the House of Representatives, 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 process of a bill becoming a law is a lengthy one, and the proposal stage is just the beginning.

The bill is introduced

The introduction of a bill is a crucial step in the legislative process. It marks the point at which a proposed idea for a new law or a change to an existing law is formally presented. Any member of Congress, including both the Senate and the House of Representatives, can introduce a bill. Additionally, ideas for bills can come from citizen groups or individual citizens, who can propose their suggestions to their elected representatives. These citizen-led initiatives are known as petitions, and they play a vital role in shaping potential legislation.

Once a bill has been drafted, it requires a sponsor. The sponsor is typically the primary Congress member who supports the bill and champions it within the legislative body. To secure sponsorship, representatives discuss the bill with their colleagues, seeking to build a base of support among their peers. This step is essential, as a bill needs the backing of multiple representatives to advance through the legislative process successfully.

In the U.S. House of Representatives, the introduction of a bill follows a specific protocol. It is placed in the hopper, a designated box located beside the clerk's desk. This physical act of introducing the bill sets in motion a series of procedures that will determine its fate. A bill clerk assigns it a unique number, typically starting with "H.R." to signify its origin in the House of Representatives.

Following the numbering, a reading clerk reads the bill aloud to all the representatives. This ensures transparency and allows every representative to be informed about the content of the proposed legislation. Subsequently, the Speaker of the House, who presides over the House of Representatives, assigns the bill to one of the House's standing committees. This committee assignment is a pivotal moment, as the committee will thoroughly review, research, and potentially revise the bill before it advances further.

The introduction of a bill is a critical juncture in the law-making process. It transforms an idea into a formal proposal, setting it on a path of scrutiny, debate, and potential amendment. The support garnered during this phase is crucial for the bill's survival and progression through the legislative chambers and, ultimately, its chances of becoming law.

The bill goes to committee

Once a bill is introduced, it is assigned to a committee. Committees are composed of groups of Congress members with a particular interest or expertise in a specific topic, such as health, agriculture, education, or international affairs/relations. The committee members review, research, and revise the bill. They carefully examine the bill and its potential implications, gathering expert opinions and hearing the views of the executive branch, other public officials, and supporters and opponents of the bill. This process helps determine the bill's chances of passage by Congress.

Committees may also choose to hold hearings to better understand the bill's potential impact. Hearings allow for a diverse range of perspectives to be considered, including those of advocacy groups, citizens, and other stakeholders. If the committee feels they need more information before making a decision, the bill can be sent to a subcommittee for further study and hearings. Subcommittees have further specialised knowledge in a specific area and can make changes to the bill before referring it back to the full committee.

After the hearings and any subcommittee reviews are completed, the committee will meet to "mark up" the bill. They will make changes and amendments before recommending it to the "floor". If the committee votes against reporting the legislation to the full chamber of Congress, the bill does not progress further and is considered "dead". However, if the committee votes in favour of the bill, it is reported to the floor, which is called "ordering a bill reported". At this point, the bill is ready to move forward in the legislative process and be considered for a vote.

The bill is reported

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 who oppose it to say "no". In a Division vote, the Speaker asks those who support the bill to stand up and be counted, and then those who oppose the bill to do the same. In a Recorded vote, Representatives record their vote using the electronic voting system, selecting "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. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

When a bill reaches the Senate, it goes through similar steps as in the House of Representatives. It 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 U.S. Senate and is ready to be sent to the President.

At this point, the bill has been passed by both the House and the Senate, and the two chambers must now work out any differences between their versions of the bill. A conference committee, made up of members from both the House and the Senate, is formed to reconcile these differences. Once the committee has reached an agreement, the resulting bill returns to the House and Senate for final approval.

The bill is voted on

Once a bill has been introduced, assigned to a committee, and reported to the House floor, it 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.

Viva Voce

The Speaker of the House asks the Representatives who support the bill to say "aye" and those who 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 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.

In the Senate, 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 Senators say "yea," the bill passes in the U.S. Senate and is ready to be sent to the President.

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