Policy To Law: Understanding The Transition Process

The process of a policy becoming a law is a complex one, and it varies across different political systems. In the United States, for example, the law-making process begins with the introduction of a bill to Congress, which can be drafted by any member of the Senate or House of Representatives. This bill is then assigned to a committee, which will research and discuss it, before being put to a vote. If the bill passes one body of Congress, it will go through a similar process in the other body. Once both bodies have approved the bill, they must agree on a single version, which is then sent to the President for review. The President can approve the bill, in which case it becomes a law, or they can veto it, returning it to Congress for further consideration. Congress can override the veto with a two-thirds majority vote in both chambers, and the bill will then become a law.

A bill is drafted and introduced

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 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 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. 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. Senate bills can be jointly sponsored, and members can cosponsor the piece of legislation.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and Senate have various committees composed of groups of Congress members with expertise in different topics such as agriculture, education, or international relations. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and may be split so that parts are sent to different committees.

Committee and subcommittee review

The committee stage is a crucial part of the legislative process, where a bill undergoes scrutiny and debate by a committee of Congress members. The committee reviews the bill, assesses its merits, and determines its chances of passage by Congress. Committees are specialised groups of Congress members, with specific committees dedicated to policy areas such as health or international affairs.

Once a bill is introduced, it is assigned to a committee by the Speaker of the House or the presiding officer in the Senate. The Speaker of the House may also set time limits for committees. The committee's chair has the authority to set the agenda and identify which bills or issues the committee will act on. Committees may receive many bill referrals, far more than they can thoroughly pursue, so the chair's role is important in setting priorities.

Hearings

Hearings are a common tool used by committees to gather information and opinions on a bill. They provide a forum for committee members and the public to hear about the strengths and weaknesses of a proposal from various parties, including executive branch agencies, relevant industries, and citizen groups. Invited witnesses provide oral and written statements, and committee members can ask questions. Hearings are also used to bring attention to legislation and are often attended by the press. While hearings are a formal part of the process, they are not mandatory for a bill to receive further action.

Subcommittees

Congressional committees often establish subcommittees, which are subpanels with a more specific focus on certain elements of the policy area. Subcommittees are composed of members of the full committee and provide a more specialised review of the bill. They may hold hearings, make changes to the bill, and must vote to refer it back to the full committee. Subcommittees cannot report legislation directly to the chamber; only full committees can do this.

Mark-up Session

After hearings and subcommittee review, the full committee will meet to hold a "mark-up" session, where they will consider and vote on possible changes to the proposal. If substantial amendments are made, the committee may introduce a "clean bill" with the proposed amendments, which gets a new number and is sent to the floor, while the old bill is discarded. The committee may also vote to report a referred bill with recommended changes.

Committee Report

After the mark-up session, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments adopted. Committee members who oppose the bill may write a dissenting opinion in the report. The report is sent back to the chamber and placed on the calendar.

Rules Committee

In the House, most bills go to the Rules Committee, which adopts rules governing the procedures for the House's consideration of the bill. These rules can include strict time limits on debate and restrictions on introducing amendments. The Rules Committee can be bypassed in three ways: suspending the rules with a two-thirds vote, filing a discharge petition, or using a Calendar Wednesday procedure.

Committee Vote

Finally, the full committee will vote on the bill. If the committee votes in favour, the bill is reported to the floor of the House or Senate. If the committee votes against the bill, it dies.

Voting by the full chamber

Once a bill has been drafted, introduced, and assigned to a committee, it is then sent to the full chamber to be voted on. This is the sixth step in the process of a bill becoming a law.

The House of Representatives

In the House of Representatives, the bill is placed on one of four House Calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when. The bill is then debated and amended. The Committee of the Whole debates and amends the bill but cannot technically pass it. The debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be relevant to the subject of a bill. The bill is then reported back to the House and voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.

The Senate

In the Senate, legislation is placed on the Legislative Calendar. There is also an Executive Calendar to deal with treaties and nominations. Scheduling legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses. In the Senate, debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be relevant to the bill. Senators can use a filibuster to defeat a measure by "talking it to death."

Voting

Once the bill has been debated and amended, the members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members voting.

Referral to the other chamber

Once a bill has been passed by one chamber of Congress, it is referred to the other chamber, where it usually follows the same 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.

Presidential approval

In the United States, the President has the power to approve or veto a bill. If the President approves, they sign it into law. If they do not approve, they can veto it. In most cases, Congress can override a veto with a two-thirds vote in each chamber, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This is called a "pocket veto" and cannot be overridden by Congress.

The President also has the power to issue executive orders, which are signed, written, and published directives that manage the operations of the federal government. Executive orders are not legislation and do not require approval from Congress. However, they carry the force of law and are published in the Federal Register, the daily journal of the federal government.

In addition to signing bills into law or issuing executive orders, the President plays a role in the legislative process by making suggestions about things that should be new laws and communicating with Congress about measures they consider necessary.

Frequently asked questions