The Journey Of Bills: From Writing To Lawmaking

The process of writing a bill before it becomes a law is a long and complex one. In the United States, the creation of laws is the most important job of the U.S. House of Representatives. All laws in the United States begin as bills, which can be drafted by any member of Congress, and ideas for these bills can come from either members of Congress themselves or everyday citizens and advocacy groups. Once a bill is drafted, it must be introduced, and this can be done by placing it in the hopper—a special box on the side of the clerk's desk. From there, the bill goes through several stages of review and revision by committees and subcommittees before being voted on by the full chamber. If the bill passes this vote, it is then referred to the other chamber, where the process is repeated. If the bill passes this second chamber, it is then sent to the President for review and signing. If the President approves, the bill becomes a law. However, if the President vetoes the bill, it can still become a law if two-thirds of both the Senate and the House vote to override the veto.

How a bill is proposed

The process of proposing a bill differs slightly between the US and Australia. In the US, the process begins with a bill being proposed by a Representative or a citizen. Citizens with ideas for new laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills. The bill then needs a sponsor, and the Representative talks with other Representatives to get their support. Once the bill has a sponsor and the support of other Representatives, it is ready to be introduced.

In Australia, the process is similar, with bills being introduced by government ministers or other members of parliament. Bills may start in the Senate, except for money and taxation bills. Most bills are drafted by public servants on behalf of a minister and formally approved by the government before they are introduced into Parliament. The original ideas for government legislation come from various sources, including party policy, suggestions by senators and members, or community groups.

Once a bill is ready to be introduced in the US, it is placed in the hopper—a special box on the side of the clerk's desk. A bill clerk then assigns it a number that begins with H.R., and a reading clerk reads the bill to all the Representatives. The Speaker of the House then sends the bill to one of the House standing committees.

In Australia, the process is similar, with the Minister lodging 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). The Minister then presents the bill, and the Clerk reads out its title—this is known as the first reading.

The process of introducing a bill

Once a bill is drafted, it needs a sponsor. The Representative talks with other Representatives about the bill in the hopes of getting their support. Once a bill has a sponsor and the support of some of the 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. A bill can also be introduced in the Senate, where members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour.

The role of committees

Committees play a crucial role in the legislative process, acting as gatekeepers and arbiters of proposed bills. Once a bill is introduced, it is referred to a committee, which will carefully examine and research it. Committees are composed of groups of representatives or senators with expertise in specific topics such as health or international affairs. They assess the bill's merits, hold hearings to understand its implications, and determine its chances of passage by Congress.

Committees can refer bills to subcommittees for further specialisation and study. Subcommittees may also hold hearings and make changes to the bill before reporting their findings back to the full committee. The committee then meets to "mark up" the bill, making changes and amendments. If the committee votes against the bill, it dies. However, if they vote in favour, the bill is reported to the floor, a procedure known as "ordering a bill reported".

In the House of Representatives, most bills go through the Rules Committee, which adopts rules governing the procedures for debating the bill on the floor. These rules can have a significant impact on the bill's passage. The Rules Committee can be bypassed through a two-thirds vote to suspend the rules, a discharge petition, or the Calendar Wednesday procedure.

The committee will also hold a "mark-up" session, where revisions and additions are made to the bill. If substantial amendments are proposed, the committee may introduce a "clean bill" incorporating these changes, which will have a new number and be sent to the floor while the old bill is discarded. The chamber must then approve, change, or reject all committee amendments before conducting a final passage vote.

Voting procedures

The voting procedures for a bill vary depending on whether it is being voted on in the House of Representatives or the Senate.

In the House, there are three methods for voting on a bill:

• 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 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 electronically. 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 House and is then sent to the Senate.

In the Senate, voting is done by voice. Senators who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators vote "yea," the bill passes in the Senate and is sent to the President.

If the House and Senate pass different versions of a bill, it is sent to a Conference Committee, made up of members from each house, to resolve the differences. The committee prepares a written report with recommendations for the final bill, which must be approved by both the House and the Senate.

The President's role

• Sign and pass the bill—the bill becomes a law.
• Refuse to sign, or veto, the bill—the bill is sent back to the U.S. House of Representatives, along with the President’s reasons for the veto. If the U.S. House of Representatives and the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law.
• Do nothing (pocket veto)—if Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.

Frequently asked questions