The Making Of A Law: A Visual Guide

In the United States, the process of how a bill becomes a law involves several steps and the participation of different entities, including the House of Representatives, the Senate, and the President. Understanding this process is essential for effective advocacy and influencing public policy. By familiarizing oneself with the legislative journey, individuals can identify opportune moments to maximize the impact of their advocacy efforts. This knowledge empowers citizens to actively engage in shaping the laws that govern their nation.

A bill is drafted by a member of Congress

Drafting a bill is the first step in the legislative process. Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the members of Congress themselves or from everyday citizens and advocacy groups. The member of Congress who is the primary supporter of the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

Once a member of Congress has an idea for a bill, they may consult with the Legislative Counsel of the House or the Senate to frame the ideas in suitable legislative language and form. The actual text of proposed bills is often drafted by legislative aides working for members of Congress or for congressional committees.

When a 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. A bill can be submitted for introduction at any time during a Chamber's daily session. Once introduced, a bill can be found on Congress.gov, the official government website that tracks federal legislation. The bill is then assigned a number that begins with H.R. if introduced in the House, or S. if introduced in the Senate.

After a bill is introduced, it is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. The committee chair decides where the bill goes next, and can refer the bill to one or more subcommittees.

The bill is introduced

The introduction of a bill is a formal process. 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 House of Representatives. Once introduced, the bill is given a number by the House clerk, beginning with H.R. This number is assigned according to the order in which the bill was introduced. 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 sponsor of the bill is the primary Congress member supporting it. The sponsor can be a Representative or a Senator, depending on where the bill is introduced. The other members who support the bill are called co-sponsors. The sponsor will have discussed the bill with other Representatives beforehand to get their support.

The bill is then assigned to a committee, which will research, discuss and make changes to the bill. Committees are assigned according to the bill's subject matter. For example, a bill about agriculture will be sent to the committee specialising in that area. The committee will study the bill and decide if it should be amended, passed or fail. If the committee does not act on a bill, it is considered to be "dead".

If the committee approves the bill, it is sent back to the House floor, where it is debated and explained by Representatives. A reading clerk reads the bill section by section, and Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

The bill goes to committee

Once a bill has been introduced, it is assigned to a committee for study. This committee is chosen based on the bill's subject matter and is made up of groups of Representatives or Congress members who are experts on the topic. In the House, the Speaker, on the advice of the nonpartisan parliamentarian, refers the bill to all committees that have jurisdiction over the provisions in the bill. Most bills fall under the jurisdiction of one committee. If multiple committees are involved, one will be designated the primary committee of jurisdiction and will take the lead on any action. In the Senate, bills are usually referred to just one committee with jurisdiction over the predominant issue in the bill.

Committees review, research, and revise the bill, and may 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. Committees may also refer the bill to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

The committee will then meet to "mark up" the bill, making changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

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.

The bill is reported to the House floor

Once a bill has been reported to the House floor, it is ready to be debated by the U.S. House of Representatives. During the debate, Representatives discuss the bill and explain their agreement or disagreement with it. A reading clerk then 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. The first is viva voce, where the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." The second is division, where 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 do the same. The third is recorded, where Representatives record their vote using the electronic voting system, and can vote "yes," "no," or "present" if they don't want to vote on the bill. If a majority of 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.

If the House and Senate pass the same bill, it is sent to the President. If they pass different bills, they are sent to a Conference Committee.

The bill is voted on

Once a bill has been debated and changes have been recommended, it is ready to be voted on. In the U.S., there are three methods for voting on a bill in the House of Representatives: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks Representatives to say "aye" if they support the bill and "no" if they oppose it. In a division vote, the Speaker asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. In a recorded vote, Representatives use an electronic voting system to record their vote. They can vote "yes", "no", or "present" if they don't want to vote on the bill. If a majority of Representatives vote "yes", the bill passes in the House of Representatives and is then sent to the Senate.

In the Senate, the process is simpler, with Senators voting by voice. They say "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea", the bill passes in the Senate and is sent to the President.

In Australia, the process is similar. After a bill has been introduced and debated, it is voted on. Members of Parliament can vote "aye" or "no" on the bill. If a majority of members vote "aye", the bill passes and is sent to the other chamber. If the bill is amended in the second chamber, the original chamber must vote on the amendments. If the bill passes both chambers in identical form, it is sent to the Governor-General for Royal Assent and becomes a law, known as an Act of Parliament.

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