The Process Behind Bills Becoming Laws Explained

The process of how a bill becomes a law is a lengthy one. In the United States, 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 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. 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. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president then has the option to approve the bill and sign it into law, or veto it. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law.

How 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 people or citizen groups.

Any member of Congress – from either the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

In Australia, most bills are introduced into the House of Representatives and then sent to the Senate. Bills may start in the Senate, except for money and taxation bills. Most bills are introduced by government ministers, however, other members of parliament can introduce their own bills, known as private members' or private senators' bills.

In the U.S., once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. 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 the record. If the committee does not act on a bill, the bill is considered "dead".

In Australia, usually, a Minister who wants to introduce a bill gives written notice of their intention to do so. Notice is typically given for the next sitting day. In the House of Representatives, the Minister lodges their written notice with the Clerk of the House, who arranges for the bill to be listed on the Notice Paper (the House's agenda of business). Notice is not necessary for bills that appropriate money or deal with taxation. When the notice is reached during the following day's business, the Minister presents the bill, and the Clerk reads out its title. This is known as the first reading. In the House, the first reading is strictly a formality, and no vote is taken. The bill is introduced to Parliament.

The bill is introduced

Once a bill has been drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate.

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. Only Representatives can introduce bills in the House. 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.

In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and sent to the Government Printing Office (GPO) to be copied.

The bill is also labelled with the sponsor's name, and members can cosponsor the bill.

The bill goes to committee

Once a bill has been introduced, it is sent to a committee. Committees are groups of representatives who are experts on specific topics, such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether to send it back to the House floor.

If the committee members want more information before deciding, the bill is sent to a subcommittee. In the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

The committee will then hold a "mark-up" session, where they 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 committee staff then prepares a written report explaining why they favour the bill and why they wish to see their amendments adopted. Committee members who oppose a bill may 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.

The bill is reported

Once a bill has been approved by a committee, it is sent to the House floor to be debated by the U.S. House of Representatives. This is when a bill is reported.

When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk 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:

• 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 say or select 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.

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 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 say or select 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.

The process is similar in the Senate, with Senators voting by voice. Those who support the bill say "yea," and those who oppose it say "nay." If a majority of the Senators say "yea," the bill passes in the U.S. Senate and is ready to go to the President.

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