Policy To Law: Understanding The Legislative Process

The process of a policy becoming a law is a complex one. In the United States, the legislative branch of the government, or Congress, is responsible for creating and modifying laws. The process begins with the introduction of a bill, which can be drafted by any member of Congress. These bills can be proposed by sitting members of the U.S. Senate or House of Representatives, or they can be petitioned by citizens or groups who recommend changes to existing laws. 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, undergoing subcommittee review, and being presented to both chambers of Congress for a vote. If the bill passes both chambers, it is then sent to the President for approval. The President can approve the bill, veto it, or take no action, each of which has different implications for the bill's future. Understanding this process is crucial for effective advocacy and ensuring that one's voice is heard in the policy-making landscape.

Drafting a bill

Three days after its filing, the bill is included in the Order of Business for First Reading. On First Reading, the Secretary General reads the title and number of the bill, and the Speaker refers it to the appropriate Committee(s). The appropriate committee for a bill is determined by its subject matter. For example, a bill about health policy would be referred to a health committee. Sometimes a bill will be referred to multiple committees, and sometimes it will be referred to a subcommittee first.

Once a bill has been referred to a committee, the committee chair determines whether there will be a hearing on the bill. A hearing is an opportunity for witnesses to provide testimony. The committee chair then determines whether there will be a "markup", which is the process by which the proposed bill is debated, amended, and rewritten. After the markup, the committee will meet to make any changes and amendments prior to recommending the bill to the "floor".

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. At this point, members may propose amendments to the bill, add additional text, or otherwise alter the bill. The bill is then passed or defeated by the members' voting.

Introducing the bill

The first step in the process of turning a policy into a law is the creation of a bill. A bill is a proposal for a new law or a change to an existing law. Anyone can propose a bill, from sitting members of the U.S. Senate or House of Representatives to citizen groups who petition their representative in Congress. The person or persons who introduce a bill are the sponsors, and any member of the same body (House or Senate) can add their name as a cosponsor after the introduction.

Once a bill is drafted, it is introduced and assigned a number. A bill introduced in the House of Representatives is given a number like H.R. 1001, while a bill introduced in the Senate might be S. 1002. The bill is then referred to a committee, which will study and debate it. There are several committees in both the House and Senate, each specialising in a different topic such as health or international affairs. Sometimes a bill will be referred to multiple committees, or first to a subcommittee.

The committee chair determines whether there will be a hearing on the bill, which is an opportunity for witnesses to provide testimony. The committee may also choose to hold hearings to better understand the implications of the bill and put the views of experts, public officials, supporters, and opponents on the record. The committee will then "mark up" the bill, which means they will debate it, suggest amendments, and rewrite it.

Committee review

Once a bill is introduced, it is assigned to a committee for review. Committees are groups of Congress members with a particular interest in the topic of the bill, such as health or international affairs. The committee will research, discuss, and make changes to the bill. They will also determine the bill's chances of passage by Congress.

The committee chair decides whether there will be a hearing on the bill, which allows witnesses to provide testimony. The committee may 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 before recommending it to the "floor".

If the committee votes against reporting legislation to the full chamber of Congress, the bill dies. If they vote in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". The committee chair's staff will write a report on the bill, describing the intent of the legislation, its legislative history, and its impact on existing laws and programs.

After the committee stage, the bill is returned to the full House or Senate for further debate and approval, and members may propose amendments.

Voting by the full chamber

Once a bill has been drafted, introduced, and assigned to a committee, it is then sent to the floor of the full chamber for a vote. This is the sixth step in the legislative process.

The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body of the House and the Senate, respectively, for debate and amendment and then final passage. There are very different rules of procedure governing debate in the House and Senate. In the House, a representative may offer an amendment to a bill only if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as the amendment is relevant to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to pass. Amendments are sometimes accepted by a voice vote (individuals say "Yea" or "Nay," and the loudest side wins). The names or numbers of individuals voting on each side are not recorded.

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. 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.

Presidential approval

In the United States, the federal legislative powers, including the ability to consider bills and enact laws, reside with Congress, which is made up of the US Senate and the House of Representatives. The process of a bill becoming a law involves several steps, and the final step involves presidential approval.

Once a bill has been drafted, introduced, and reviewed by a committee, it goes through a process of voting and referral to the other chamber (the House or the Senate). If the bill passes through both chambers, it is then sent to the President for approval. This is a critical stage, as the President has the power to approve or veto the bill.

When a bill reaches the President's desk, several outcomes are possible. If the President supports the legislation, they will sign it, and it becomes law. However, if the President opposes the bill, they have the power to veto it. A veto is a powerful tool that allows the President to block the bill from becoming law.

In the event of a veto, Congress has the option to override it. To override a presidential veto, both the Senate and the House must pass the bill by a two-thirds majority vote. If this occurs, the bill becomes law despite the President's objections.

It is important to note that even if the President does not explicitly veto a bill, it can still be vetoed by default. This situation is known as a "pocket veto." If the President takes no action on a bill for ten days while Congress is in session, the bill will automatically become law. However, if Congress adjourns during those ten days, the bill is considered vetoed, and this type of veto cannot be overridden.

The presidential approval stage is the final step in the process of a bill becoming a law. It highlights the checks and balances within the US legislative system, where the President has the power to influence the outcome and shape the country's legal landscape.

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