Understanding The Legislative Process: Bills To Laws

The process of turning a bill into a law is a long and complex one, but it can be broken down into several key steps. First, a bill is proposed, either by a sitting member of the U.S. Senate or House of Representatives, or by citizens or citizen groups who petition their representative. Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions, and then both chambers vote on the same version. If it passes, they present it to the president. The president can then choose to approve the bill and sign it into law, or veto it. If the president chooses to veto, Congress can vote to override that veto, and the bill becomes a law.

How a bill is proposed

The process of a bill becoming a law begins with a proposal for a new law or a change to an existing one. This can be initiated by a member of the U.S. Senate or House of Representatives, or it can be proposed by citizens or citizen groups who petition their representative. In Australia, most bills are introduced by government ministers, but other members of parliament can also introduce bills known as private members' or private senators' bills.

Once a bill is written, it needs a sponsor. The representative talks to other representatives to gain their support. 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. In Australia, a minister who wants to introduce a bill gives written notice of their intention to do so, and the bill is then listed on the Notice Paper, the House's agenda of business.

In the U.S. House of Representatives, a bill is assigned a number that begins with H.R. by a bill clerk, who then reads the bill to all representatives. The Speaker of the House then sends the bill to one of the House standing committees. In Australia, when the notice is reached during the next day's business, the minister presents the bill, and the clerk reads out its title, known as the first reading.

The bill is then sent to a committee, which reviews, researches, and revises it before voting on whether to send it back to the House floor. Committees are composed of groups of representatives with expertise on relevant topics. If the committee requires additional information, the bill is sent to a subcommittee for further examination and expert opinions before returning to the committee for approval.

The bill is introduced

The bill-making process begins with an idea. This idea 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 who recommend a new or amended law to a member of Congress that represents them. Citizens who have ideas for laws can also contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.

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. Only members of each chamber may introduce legislation, and only Representatives can introduce bills in the U.S. House of Representatives. In the House, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. In the Senate, the bill is submitted to clerks on the Senate floor.

Upon introduction, the bill is assigned a designation and a number. The designation and number are based on the chamber of introduction. For example, a House-originated bill will be given the designation H.R. and a number that is typically the next one available in sequence during that two-year Congress. The bill is then printed in its introduced form.

After this, the bill is assigned to a committee by the Speaker, with the assistance of the Parliamentarian. Most bills fall under the jurisdiction of one committee, though some may involve multiple committees. If multiple committees are involved, each committee may only work on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will likely take the lead on any action that may occur.

The bill goes to committee

Once a bill is introduced, it is assigned to a committee. The committee is made up of groups of Representatives who are experts on topics such as agriculture, education, or international relations. They review, research, and revise the bill before voting on whether or not to send it back to the House floor. The committee may also choose to hold hearings to better understand the implications of the bill, allowing 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, it is considered "dead". Committees can also choose to send a bill to a subcommittee for further examination and to gather expert opinions. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. Once the hearings and subcommittee review are completed, the committee will 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. 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", for example, sets strict time limits on debate and forbids the introduction of amendments.

The bill is reported and debated

Once a bill has been approved by a committee, it is sent or reported to the House floor 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. 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 who oppose it to say "no." 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 record their vote using an 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 and is then certified by the Clerk of the House and delivered to the U.S. Senate.

When a bill reaches the Senate, it goes through many of the same steps as in the House of Representatives. 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 Senators say "yea", the bill passes in the U.S. Senate and is ready to be sent to the President.

The bill is voted on

Once a bill has been introduced, assigned to a committee, and reported, 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, Division, and Recorded. In the case of Viva Voce, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In the case of Division, 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 the case of Recorded, Representatives record their vote using an electronic voting system, selecting "yes," "no," or "present" if they do not wish to vote on the bill. If a majority of the Representatives vote "yes," the bill passes in the House and 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 Senators say "yea," the bill passes in the Senate and is ready to go to the President.

The Bill Is Referred to the Other Chamber

When the House or Senate passes a bill, it is referred to the other chamber, where it usually follows a similar route through committees and, finally, to the floor. This chamber may approve the bill as received, reject it, ignore it, or change it. Congress may form a conference committee to resolve or reconcile the differences between the House and Senate versions of a bill. If the conference committee is unable to reach an agreement, the bill dies. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill. Both the House and the Senate must vote to approve the conference report.

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