Understanding Law-To-Policy: A 4-Step Apes Guide

The process of turning a bill into a law is a complex one, and in the United States, there are nine steps a bill can go through before becoming a law. The first step is the drafting of the bill, which can be done by any member of Congress, with the primary member supporting the bill known as the sponsor and other supporting members known as co-sponsors. The bill is then introduced, with the House of Representatives or the Senate being the chamber of introduction depending on whether the sponsor is a Representative or a Senator. The third step involves referring the bill to a committee, which will carefully examine it and determine its chances of passage. The fourth step is the subcommittee review, where the bill is studied further and may be changed before being referred back to the full committee. Following this, the committee will make changes and amendments to the bill, and if they vote in favour of it, it is reported to the floor. The sixth step is the voting by the full chamber on the bill, where members debate and vote to approve any amendments. If the bill passes, it is referred to the other chamber, where it goes through a similar process. Once both bodies vote to accept the bill, they must work out any differences between the two versions and vote on the same version. If the bill passes, it is then presented to the president for approval, who can either sign it into law or veto it. In most cases, if the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.

A bill is drafted by a member of Congress

Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas can come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors".

The actual text of proposed bills is frequently drafted by legislative aides working for members of Congress or congressional committees.

The President can propose a bill and even send Congress a message urging its enactment into law, but they cannot introduce it. The President usually sends draft legislation to Congress with a letter or other explanatory material.

The drafting process

The drafting of statutes is an art that requires great skill, knowledge, and experience. In some instances, a draft is the result of a study covering a period of a year or more by a commission or committee designated by the President or a member of the Cabinet. Congressional committees sometimes draft bills after studies and hearings covering periods of a year or more.

The bill is introduced in the House or Senate

The process of a bill becoming a law begins with the introduction of the bill. This is the second step in the lawmaking process, the first being the drafting of the bill. Any member of Congress can draft a bill, and the primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors". Once the 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.

Once a bill is introduced, it can be found on Congress.gov, which is the official government website that tracks federal legislation. In the House, a bill is introduced when it is dropped in the hopper (a wooden box on the House floor). In the Senate, the bill is submitted to clerks on the Senate floor. Upon introduction, the bill will receive a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures. It will also receive a number, which is typically the next number available in sequence during that two-year Congress.

In the House, bills are then referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill, as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. If multiple committees are involved and receive the bill, each committee may work only 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.

In the Senate, bills are typically referred to committee in a similar process, though in almost all cases, the bill is referred to only the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to the committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.

The bill goes to committee

Once a bill is introduced, it is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members who are particularly interested in different topics, such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow 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, the bill is considered to be "dead".

Committees provide the most intensive consideration of a proposed measure and serve as a forum for the public to be heard. There are currently 20 standing committees in the House and 16 in the Senate, in addition to several select committees. Each committee's jurisdiction is defined by certain subject matter under the rules of each House, and measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, immigration policy, bankruptcy, patents, copyrights, and trademarks.

In the House, any member, delegate, or resident commissioner from Puerto Rico may introduce a bill at any time while the House is in session by simply placing it in the "hopper", a wooden box provided for that purpose. The member introducing the bill is known as the primary sponsor, and an unlimited number of members can cosponsor a bill. In the Senate, a senator usually introduces a bill or resolution by presenting it to one of the clerks at the presiding officer's desk.

In both the House and the Senate, introduced measures are referred to the committee of preponderant jurisdiction by the parliamentarian on behalf of the presiding officer. By special or standing order, a measure may be referred to more than one committee in the Senate.

Membership on the various committees is divided between the two major political parties, with the proportion determined by the majority party. Each party caucus nominates members to be elected to each standing committee at the beginning of each Congress. Members usually seek election to the committee that has jurisdiction over a field in which they are most qualified and interested. For instance, the Committee on the Judiciary is traditionally populated by numerous lawyers.

Committees may also refer bills to subcommittees for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor".

The bill is voted on by the full chamber

Once a bill has been drafted, introduced, and reviewed by a committee, it is then put before the full chamber to be voted on. This is the sixth step in the process of a bill becoming a law. The bill reaches the floor, where 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.

The full chamber's vote is a critical stage in the legislative process, as it determines whether the bill will proceed further or be rejected. The vote typically follows extensive discussions and debates among the members, who carefully consider the potential impact of the proposed legislation. During this stage, members may propose amendments to the bill, which are then voted on. The voting process allows for a democratic decision-making process, ensuring that the bill has sufficient support to advance to the next stage.

The specific procedures for voting may vary between the House of Representatives and the Senate. In the House, the voting process typically involves members offering their support or opposition to the bill through a series of motions and votes. On the other hand, the Senate may utilise a more deliberative approach, with members engaging in in-depth discussions and debates before casting their votes.

It is worth noting that the legislative process can be complex and dynamic, and there may be variations or exceptions to the standard procedure. Additionally, the specific rules and traditions of each chamber can influence how the voting process unfolds.

The bill is sent to the President

Once a bill has been approved by both the House and the Senate, it is sent to the President for review. The President has 10 days to sign the bill into law. If the President does not sign the bill within 10 days and Congress is still in session, the bill will automatically become law. This is known as a "pocket veto" and cannot be overridden by Congress.

If the President opposes the bill, they may veto it. The President must then send the bill back to Congress with a note listing their reasons for doing so. Congress can then attempt to override the veto with a two-thirds majority vote in both the House and the Senate. If this occurs, the bill becomes law.

If the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default. This is also known as a "pocket veto" and cannot be overridden by Congress.

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