This paper explains the step-by-step process by which a bill becomes a law in the United States Congress. Beginning with the introduction of legislation in either the House of Representatives or the Senate, the paper traces each stage: committee assignment and review, floor debate, amendment procedures, and final voting. It also addresses the President's role — including the veto power and the pocket veto — and concludes with a discussion of how political pressures, particularly the influence of re-election concerns, can distort the legislative process and prevent meritorious bills from becoming law.
This paper addresses government and political science, specifically describing the process of how a bill becomes a law in the United States. Creating legislation is a complicated process in both the House of Representatives and the Senate. A bill becomes a law by following a precise sequence of events, which ensures that only the best and most important bills are ultimately enacted into law.
Any member of the Senate or House can introduce legislation. In the House, the bill first goes to the Clerk of the House; if the Clerk is not present, the bill goes into the "hopper," a box on the Clerk's desk specifically designated to hold new legislation. In the Senate, the Senator must wait until the "morning hour," a 90-minute session held on Mondays and Tuesdays that is reserved for member speeches and bill introduction. If another Senator objects, the bill introduction must wait until the following day.
Once the bill is introduced, this stage is called the "First Reading" of the bill. In both the House and the Senate, more than one representative can sponsor a bill. After introduction, the bill is assigned a number and an identifier — in the House, "HR" is used, while in the Senate it is simply "S." The bill also carries the sponsor's name. It then travels to the Government Printing Office, where copies are made and distributed.
The Speaker of the House or the presiding officer in the Senate then assigns the bill to the appropriate committee. Often, the Senate parliamentarian makes this assignment. If the bill is complex, it may be referred to more than one committee. If the bill is of critical importance, a time limit may be set for the committee to complete its work. If a committee does not act on a bill, it is effectively the same as killing the bill. Bills must receive a favorable committee vote to be released from committee. The only exception is the "discharge petition," which must be signed by a majority of the House's 218 members.
A bill goes through several steps in committee. Where applicable, the committee requests comments from relevant government agencies. Hearings may be held on the bill, and the committee can assign it to a subcommittee for further review and recommendation. The bill is then "ordered to be reported," and the committee votes on it. The committee may also "mark up" the bill, making additions or changes. If many changes are made, the committee can order a "clean bill" that incorporates all planned revisions; in that case, the original bill is discarded and the new bill receives a new number.
The chamber must approve all changes before the bill proceeds to a final passage vote. After the bill is reported out of committee, the committee produces a report explaining why it favors the bill and why it added the changes and amendments. If a committee member disagrees with the bill, he or she may file a dissenting opinion. The reported bill is sent back to the full chamber and placed on the chamber calendar.
In the House, bills typically go to the Rules Committee, which determines what rules the bill must follow to be considered by the full House. The Rules Committee can set the length of time for House debate and may prohibit additional amendments. There are only three ways to circumvent the Rules Committee: House members can move for the suspension of the rules with a two-thirds vote; someone can file a discharge petition; or the House can use the "Calendar Wednesday" process, which allows the House to bring up any bill for special consideration if it was reported out of committee the previous day.
The bill then goes to the floor for action and is placed on the House or Senate calendar. Once a bill reaches the floor, it is open to debate. Decisions are made regarding how long the bill may be debated and who will participate. In the House, any amendments offered must be germane — that is, directly relevant — to the subject of the bill. In the Senate, however, amendments do not have to be germane; senators may even offer one bill as an amendment to another.
Finally, the bills are voted on. If the bill passes in the House, it goes to the Senate, and vice versa. However, if a similar bill is already under consideration by the other chamber, the bill is not simply forwarded. Instead, the two similar bills go to a Conference Committee, where members work to reach a compromise between the two versions. If a bill fails to pass, it dies and is no longer valid.
"Presidential signature, veto, and pocket veto"
"How political incentives distort lawmaking"
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