The process of how a bill becomes a law is a complex one, and it varies slightly between the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing law. It can be drafted by any member of Congress and must be introduced, at which point it is assigned a number. The bill is then sent to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must agree on the same version, which is then presented to the president. The president can approve the bill, veto it, or do nothing (a pocket veto). If the bill is vetoed, Congress can vote to override the veto, and the bill becomes a law.
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The Bill Is Proposed
The first step in the legislative process is the introduction of a proposal, which can be done by any member of the House of Representatives or the Senate. This proposal is known as a bill, which is a draft for a new law or a change to an existing one. The idea for a bill can come from a sitting member of Congress or be proposed by citizens and citizen groups who can contact their representatives to discuss their ideas. Once a representative has written a bill, they must find a sponsor and gain the support of other representatives before it can be introduced.
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. Representatives can also hand the bill to the clerk of the House. The bill is then assigned a number (e.g. HR 1 or S 1) and sent to the Government Printing Office (GPO) to be copied. In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill, and if any senator objects, the introduction is postponed until the next day. Senate bills can be jointly sponsored, and members can cosponsor legislation.
Once introduced, the bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to multiple committees and split so that different parts are sent to different committees. The Speaker of the House may set time limits on committees. If a committee fails to act on a bill, it is effectively killed.
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The Bill Is Introduced
The process of a bill becoming a law begins with the introduction of the bill. In the US House of Representatives, a bill is introduced when it is placed in the hopper, a wooden box on the side of the clerk's desk in the House Chamber. Only members of the House of Representatives can introduce a bill, and the sponsor's signature must appear on the bill. A public bill may have an unlimited number of co-sponsors. Once introduced, the bill is assigned a legislative number by the Clerk.
The bill is then read to all the Representatives by a reading clerk, and the Speaker of the House sends the bill to one of the House standing committees. The bill is also given a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, typically the next number in sequence during that two-year Congress.
In the House, the Speaker, on the advice of the nonpartisan parliamentarian, refers the bill to all the committees that have jurisdiction over the provisions in the bill. Most bills fall under the jurisdiction of one committee. If multiple committees are involved, each committee will work only on the portion of the bill under its jurisdiction, with one committee designated as the primary committee of jurisdiction.
In the Senate, the process is similar, but in most cases, the bill is referred only to the committee with jurisdiction over the predominant issue in the bill. In a limited number of cases, a bill might not be referred to committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps.
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The Bill Goes to Committee
Once a bill has been introduced, it is sent to a committee for review, research, and revision. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. In the House, the Speaker 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.
Committees are groups of Representatives who are experts on topics such as agriculture, education, or international relations. They carefully examine the bill and may request additional information before deciding if the bill should be sent back to the House floor. If more information is needed, the bill is sent to a subcommittee, where expert opinions are gathered before it is sent back to the committee for approval.
The committee will hold a "mark-up" session to make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" that includes 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 favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
In the House, most bills go to the Rules Committee before reaching the floor. The Rules Committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.
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The Bill Is Voted On
Once a bill has been introduced, assigned a number, and sent to the Government Printing Office (GPO) to be copied, it is then put to a vote. In the US House of Representatives, there are three methods for voting on a bill:
- 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 House and is then sent to the US Senate. In the Senate, voting is done by voice. Senators who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators vote in favor, the bill passes in the Senate and is sent to the President.
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The Bill Is Sent to the President
Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for review. The President has several options at this stage. If the President agrees with the bill, they can sign it into law. The bill is then printed in the Statutes at Large.
However, if the President disagrees with the bill, they can veto it and send it back to Congress, along with their reasons for doing so. 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 is overridden and the bill becomes a law.
The President also has the option of a pocket veto. If Congress is in session, and the President takes no action on the bill within 10 days, it automatically becomes law. However, if Congress is not in session and the President does not sign the bill within 10 days, the bill does not become law and cannot be overridden by Congress.
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