Who Really Writes The Laws?

The process of a bill becoming a law is a complex one. In the United States, the creation of laws is the most important job of the U.S. House of Representatives. A bill can originate from either the U.S. House of Representatives or the U.S. Senate and must be approved by both to become a law. The bill is then sent to the President, who can choose to sign and pass the bill, veto it, or do nothing (pocket veto). If the President chooses to veto the bill, Congress can 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. Once a bill has been drafted, it needs a sponsor. The sponsor will talk to other Representatives about the bill to get their support. Once a bill has the support of some Representatives, it is ready to be introduced.

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, 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.

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, be proposed during their election campaign, or be petitioned by people or citizen groups. Once a bill is drafted, it must be introduced.

In the House of Representatives

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, 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 title of the bill is put into the House Journal and printed in the Congressional Record.

In the Senate

In the Senate, a Senator usually introduces a bill 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 from the floor, usually accompanied by a statement about the measure.

Primary and Co-Sponsors

The member of Congress who introduces a bill is known as the primary sponsor. There is no limit to the number of members who can co-sponsor a bill.

A bill goes to committee

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committee members are groups of representatives who are experts on topics such as agriculture, education, or international relations. The bill is then sent to the Government Printing Office (GPO) and copies are made.

The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee. Bills may be referred to more than one committee and can be split so that parts are sent to different committees. 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.

The committee will request comments about the bill's merit from government agencies. The chairman can also assign the bill to a subcommittee. Hearings may be held. Subcommittees will report their findings to the full committee. Finally, there is a vote by the full committee – the bill is "ordered to be reported".

The committee will hold a "mark-up" session to 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 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.

A bill is reported and debated

Once a bill has been approved by the committee, it is sent to the House floor to be debated. This is when the bill is said to be "reported".

During the debate, 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.

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 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 U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

A bill is voted on

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will then vote on whether to send the bill back to the House floor. If the committee decides it needs more information, the bill is sent to a subcommittee. The subcommittee closely examines the bill and gathers expert opinions before sending it back to the committee for approval.

Once the committee has approved a bill, it is sent back to the House floor, where a reading clerk reads the bill section by section. Representatives then recommend changes, and 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:

• 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 on the bill, it 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.

Frequently asked questions