The Legislative Process: A Bill's Journey To Law

The process of a bill becoming a law is a complex one, and it varies slightly depending on the chamber in which it is introduced. In the United States, a bill is a proposal for a new law or a change to an existing one. The idea for a bill can come from a sitting member of the Senate or House of Representatives, or it can be proposed by citizens or advocacy groups. Once a bill is introduced, it goes through several stages of review, discussion, and voting before it can become a law. This includes being assigned to a committee, going through a subcommittee review, and being voted on by the full chamber. If a bill passes in one body of Congress, it then goes through a similar process in the other body. If it passes there too, it is presented to the president, who can approve it, veto it, or do nothing. If the president approves, the bill becomes a law. If not, Congress can attempt to override the veto, and if they succeed, the bill becomes a law.

How a bill is proposed

The process of proposing a bill is a complex one, and there are several steps involved. Here is a detailed description of how a bill is proposed, with a focus on the legislative process in the United States:

Step 1: The Idea

The idea for a bill can come from various sources. In the US, any member of Congress, including the Senate or the House of Representatives, can propose a bill. Additionally, ideas can originate from everyday citizens, advocacy groups, or citizen groups who petition their representatives. These citizen-led initiatives are a powerful way for the public to recommend new laws or changes to existing ones.

Step 2: Drafting the Bill

Once the idea is formed, the bill must be drafted. The member of Congress who introduces the bill is called the "sponsor," and other supporting members are known as "co-sponsors." This is a crucial step, as the bill's wording must be carefully crafted to ensure clarity and consistency with existing laws and rights.

Step 3: Introduction of the Bill

After the bill is drafted, it is introduced in the House or the Senate, depending on the sponsor. If a Representative is the sponsor, the bill is introduced in the House, and if a Senator is the sponsor, it is introduced in the Senate. This step involves handing the bill to the clerk of the House or placing it in the hopper. In the Senate, members must gain recognition from the presiding officer to announce the introduction during the morning hour. The bill is then assigned a number (e.g., HR 1 or S 1) and labelled with the sponsor's name.

Step 4: Referral to Committee

The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Bills addressing specific topics, such as health or international affairs, are assigned to relevant committees. These committees carefully examine the bill, assess its chances of passage, and may hold hearings to understand its implications. The committee's role is critical in shaping the bill's future.

Step 5: Subcommittee Review

Committees often refer bills to subcommittees for further specialised study and hearings. The subcommittee may propose changes to the bill and must vote to refer it back to the full committee. This step allows for a more detailed analysis of the bill's implications and potential impact.

Step 6: Committee Markup

Once the hearings and subcommittee reviews are completed, the committee meets to make changes and amendments to the bill. This process is known as "markup." If the committee votes against reporting the legislation to the full chamber of Congress, the bill is considered dead. However, if they vote in favour, the bill is reported to the floor, and this procedure is called "ordering a bill reported."

How a bill is introduced

The introduction of a bill is the second step in the legislative process, after the bill is drafted. Any member of Congress can introduce a bill, which 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.

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, legislation is handed to the clerk of the House or placed in the hopper. 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 is postponed until the next day.

Once a bill is introduced, it is given a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) for copying. Members can also cosponsor the legislation. At this stage, the bill can also be jointly sponsored by Senate members.

After introduction, the bill is assigned to a committee, which will research, discuss, and make changes to the bill. Both the House and Senate have various committees composed of groups of Congress members with particular interests in different topics, such as health or international affairs.

How a bill goes to committee

Once a bill has been introduced, it is assigned to a committee. Both the House and the Senate have committees with members who are particularly interested in different topics, such as health or international affairs. The bill is carefully examined by the committee, and its chances of passage by the entire Congress are determined. The committee may also hold hearings to better understand the implications of the bill and the views of experts, supporters, and opponents. If the committee does not act on a bill, it is considered "dead".

Subcommittees are organised under committees and have further specialisation on a certain topic. Committees may refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They will make changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour 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 favour 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.

In the House, most bills go to the Rules Committee before reaching the floor. The 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.

How a bill is reported

Once a bill has been drafted, introduced, and assigned to a committee, it is then reported to the House floor. This is also known as the "floor". The committee will have made revisions and additions to the bill and may have ordered the introduction of a "clean bill" which includes any proposed amendments. The old bill is then discarded, and the new one is sent to the House floor.

The bill is then reported to the House floor, where it is debated by the U.S. House of Representatives. 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), division, and recorded. In a voice vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no". In a division vote, supporters of the bill are asked to stand up and be counted, and then those who oppose the bill do the same. In a recorded vote, Representatives record their vote using the electronic voting system. They 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 and is then certified by the Clerk of the House and delivered to the U.S. Senate.

The bill then goes through many of the same steps in the U.S. Senate. It is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of the Senators say "yea", the bill passes in the U.S. Senate and is ready to be sent to the President.

How 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 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.

In the US, the Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate prior to voting.

In Australia, the process is similar. Once the bill has been introduced, the minister moves that the bill 'be now read a second time' and makes a speech explaining the purpose, general principles, and effect of the bill. This is known as the 'second reading speech'. At the end of the speech, debate is usually adjourned to allow members time to study the bill and its effects before speaking and voting on it, and to provide the opportunity for public discussion and reaction. Urgent bills might be debated straight away.

The second reading debate considers the principles of the bill and is normally the most substantial debate that takes place. Amendments may be moved at this stage, but they do not affect the text of the bill and are generally used to express an opinion about the bill or related policy issues. At the end of the debate, the House votes on the motion moved by the Minister—'That this bill be now read a second time'. If the motion is agreed to, the Clerk reads the title again, signifying that the bill has been agreed to in principle.

Frequently asked questions