Brainstorming To Legislation: The Law-Making Process

Ideas for laws can come from a member of the U.S. Senate or House of Representatives, or be proposed by citizens or advocacy groups. These ideas are drafted into bills, which are then introduced and assigned to a committee for study. If the committee approves, the bill is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the Senate, where it is assigned to another committee and, if released, debated and voted on. A conference committee made of House and Senate members then works out any differences between the two versions of the bill. The bill is then sent to the President, who can choose to approve it, veto it, or do nothing. If the President chooses to veto the bill, Congress may vote to override the veto, and the bill can still become a 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 who recommend a new or amended law to a member of Congress that represents them.

Once a bill is drafted, it needs a sponsor. The sponsor, or primary Congress member supporting the bill, will talk with other Representatives about the bill to get their support. The other members who support the bill are called "co-sponsors". Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

When a Representative has written and introduced a bill, 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. A bill clerk then 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.

Committees are composed of groups of Representatives who are experts on topics such as agriculture, education, or international relations. Once a bill reaches a committee, the committee members will review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee would like more information before making a decision, the bill is sent to a subcommittee. A subcommittee will closely examine the bill and gather expert opinions before sending it back to the committee for approval.

The bill is introduced

Once a bill is introduced, it can be found on Congress.gov, which is the official government website that tracks federal legislation. When a bill is introduced in the U.S. 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.

As soon as a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with particular interests and expertise 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 record. If the committee does not act on a bill, the bill is considered to be "dead".

The bill goes to committee

Once a bill is introduced, it is assigned to a committee. The committee is made up of groups of Representatives who are experts on topics such as agriculture, education, or international relations. The committee members review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee members would like more information before making a decision, the bill is sent to a subcommittee. A subcommittee is a group with further specialisation on a certain topic. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments before 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 either passed or defeated by the members' voting. 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.

The bill is reported

Once a bill has been introduced, it is assigned to a committee. The committee members review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee wishes to gather more information before making a decision, the bill is sent to a subcommittee for close examination and expert opinions.

When 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. Representatives discuss the bill, explaining 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. The first is viva voce, in which the Speaker of the House asks supporters of the bill to say "aye" and those against it to say "no". The second is division, where supporters of the bill are asked to stand up and be counted, and then those who oppose it do the same. The third is recorded, where Representatives record their vote using an electronic voting system, selecting "yes", "no", or "present" if they do not want to vote. 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.

In the U.S. Senate, the bill goes through many of the same steps as in the House of Representatives. 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 U.S. Senate and is ready to go to the President.

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 (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 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. In the Senate, the bill is assigned to another committee, and if released, it is debated and voted on. A simple majority (51 out of 100) is required for the bill to pass in the Senate.

If the bill passes in both the House and the Senate, a conference committee made of House and Senate members works out any differences between the two versions of the bill. The resulting bill returns to the House and Senate for final approval.

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