The Fate Of Bills That Don't Become Laws

what happens to most bills that do not become laws

The process of a bill becoming a law is a long and complex one, and only a small percentage of proposed bills actually make it. In the US, a bill must be approved by the House of Representatives, the Senate, and the President to become a law. The bill is first introduced by a member of the House of Representatives, who will discuss it with other members to gain their support. The bill is then placed in the hopper, a special box on the side of the clerk's desk, and given a number. It is then assigned to a committee, which will review, research, and revise the bill. If the committee requires more information, the bill is sent to a subcommittee. If the committee approves the bill, it is sent to the House floor for debate, where representatives discuss the bill and recommend changes. The bill is then voted on, and if it passes, it is sent to the Senate. Here, it goes through many of the same steps, including being discussed in a Senate committee and voted on. 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, it is sent back to the House of Representatives, and if two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.

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Bills are introduced by a sponsor

A bill can have only one primary sponsor, but there is no limit on the number of cosponsors it may have. A "cosponsor" is a senator or representative who adds their name as a supporter to the sponsor's bill. An "initial cosponsor" or "original cosponsor" is a senator or representative who was listed as a cosponsor at the time of a bill's introduction, rather than added as a cosponsor later on. A cosponsor added later is known as an "additional cosponsor".

In the House of Representatives, Representatives introduce bills in the House chamber by placing them in the clerk's "hopper", a box at the rostrum, when the House is in session. The original signature of the sponsor must appear on the measure when it is introduced. Cosponsors do not sign the bill; the sponsor need only submit a list of names when the bill is dropped in the hopper.

In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. However, a Senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure.

The sponsor of a bill may withdraw the measure they have placed in the hopper only until it receives a number and is referred to a committee. Once referred, neither the sponsor nor any cosponsor nor any other member may withdraw the bill, even by unanimous consent. The measure becomes the property of the House, and the House may act on it even if the sponsor resigns from the House, or dies.

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Bills are assigned to a committee

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.

The committee referral process is as follows: In the House, bills are referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. If multiple committees are involved and receive the bill, each committee may work only on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will likely take the lead on any action that may occur.

In the Senate, bills are typically referred to the committee with jurisdiction over the issue that predominates 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 on the floor.

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. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

The committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee 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. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.

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.

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Bills are debated

In the House of Representatives, the bill is debated by the representatives. The 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. Once all changes have been made, the bill is ready to be voted on.

In the Senate, the bill is debated by the senators. Senators discuss the bill and explain why they agree or disagree with it. A reading clerk then reads the bill section by section, and the senators recommend changes. Once all changes have been made, the bill is ready to be voted on.

The House of Representatives has rules that guide the debate process. The Committee of the Whole guides the debate and amends the bill. However, the Committee of the Whole cannot technically pass the bill. The time for the debate is divided equally between the proponents and opponents of the bill. Amendments to the bill must be relevant to the subject of the bill. The House of Representatives also has rules that limit the duration of the debate.

The Senate does not have rules that limit the duration of the debate. Senators can speak for as long as they want, and amendments to the bill do not need to be relevant to the subject of the bill. Senators can use a filibuster to defeat a bill by "talking it to death". However, the Senate can invoke cloture to end a filibuster. Invoking cloture requires a vote by 3/5 of the full Senate, and it limits further debate to 30 hours.

The Journey of a Bill to Law Explained

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Bills are voted on

Once a bill has been proposed, introduced, and gone through the committee stage, it is ready to be voted on. 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 US House of Representatives. The bill is then certified by the Clerk of the House and delivered to the US Senate.

In the US Senate, Senators vote by voice. Those who support the bill say "yea", and those who oppose it say "nay." If a majority of the Senators vote "yea", the bill passes in the US Senate and is ready to go to the President.

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Bills are sent to the President

Once a bill has been passed by both the House and the Senate, it is sent to the President for review. The President can then choose to approve the bill and sign it into law. If the President chooses not to approve the bill, they can veto it.

If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. Congress can then attempt to override the veto with a two-thirds majority vote in both the House and the Senate. If this happens, the bill becomes a law.

If the President does not sign a bill within 10 days while Congress is in session, it does not become law. This is known as a "pocket veto".

Frequently asked questions

Most bills die in committee or subcommittee, where they are pigeonholed, or simply forgotten and never discussed.

If either chamber does not pass the bill then it dies.

The bill is sent back to Congress with a note listing the President's reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto is overridden in both chambers then it becomes law.

If Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become law. This is known as a "pocket veto".

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