Keith Mack
The process of turning a policy into a law is a complex one. In the United States, the legislative branch of the government is responsible for creating and modifying laws. This process begins with the introduction of a bill to Congress, which can be drafted by any member of the House of Representatives or the Senate. These bills are then assigned to committees, who research, discuss and make changes, before putting them before the chamber to be voted on. If a bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must agree on a single version, which is then presented to the president for approval. The president can approve the bill, veto it, or do nothing – which results in a 'pocket veto'. If the president approves the bill, or fails to act within 10 days and Congress remains in session, the bill becomes a law.
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What You'll Learn
A bill is drafted and introduced
The legislative process begins with the introduction of legislation. Any member of Congress can introduce a piece of legislation, and the ideas for a bill can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. These ideas are then drafted into a bill. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". 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. When a bill is introduced in the U.S. House of Representatives, 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 labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored, and members can co-sponsor the piece of legislation.
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Committee and subcommittees review the bill
Committees and subcommittees play a crucial role in the legislative process, as they are responsible for reviewing, discussing, and making changes to a bill before it is put to a vote. This process involves several steps, including hearings, mark-up sessions, and voting.
Once a bill is introduced, it is assigned to the relevant committee by the Speaker of the House or the presiding officer in the Senate. The committee is typically composed of groups of Congress members with a particular interest in the topic of the bill, such as health or international affairs. The committee's chair has the chief agenda-setting authority and identifies the bills or issues on which the committee will act through hearings and/or markups.
Hearings are a formal setting where committee members and the public can hear about the strengths and weaknesses of a proposal from various parties, including executive branch agencies, relevant industries, and citizen groups. Witnesses provide oral and written feedback on the bill, and committee members ask questions to better understand the implications of the legislation. While hearings are a crucial part of the process, they are not mandatory for a bill to receive further action from the committee.
After the hearings, the committee will hold a "mark-up" session, where they will consider possible changes to the bill by offering and voting on amendments. If substantial amendments are made, the committee may introduce a "clean bill" with the proposed amendments, discarding the old bill. The committee will then vote on whether to report the bill to the full chamber of Congress. If the committee votes against reporting the bill, it dies. If they vote in favour, it is "ordered to be reported" to the full chamber.
At this stage, the committee staff prepares a written report explaining their support for the bill and their reasons for making any amendments. This report is sent back to the whole chamber and is placed on the calendar. In the House, most bills then go to the Rules Committee, which adopts rules governing the procedures for the House's consideration of the bill. These rules can significantly impact the bill's chances of passage.
Subcommittees are specialised units organised under committees, focusing on specific topics. Committees often refer bills to subcommittees for further study, hearings, and revisions. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. If the bill passes the subcommittee with a favourable vote, it returns to the full committee for further consideration, hearings, amendments, and a final vote.
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Voting by the full chamber
In this stage, 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. If the bill is passed, it is referred to the other chamber, where it usually follows the same route through committees and, finally, to the floor.
The full chamber vote is a critical stage in the process of a bill becoming a law. It is the point at which the bill is either passed or defeated, and it involves the participation of all members of the chamber.
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Referral to the other chamber
Once a bill has been passed by one chamber of Congress, it is referred to the other chamber. This is where the bill will usually follow a similar route through committees and finally to the floor. The second chamber may approve the bill as received, reject it, ignore it, or make changes to it.
If the two chambers pass the same bill, it is sent to the President. If they pass different bills, they may form a conference committee to resolve or reconcile the differences. This committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each chamber work to maintain their version of the 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.
In the Senate, multiple referrals can occur when jointly motioned by the leaders of both parties (almost never), or when the Senate grants unanimous consent. In the House of Representatives, proposed legislation can be sent to more than one Congressional committee due to a 1975 rule change. Reasons for this may include a change in the most important issues, the complexity of the legislation, or problems fitting the bill into the jurisdiction of only one committee.
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The bill goes to the president
The president is the final decision-maker in the law-making process. Once a bill has been approved by both chambers of Congress, it is sent to the president for review and consideration. At this stage, the president has several options available to them.
Firstly, the president can choose to approve the bill and sign it into law. In this case, the bill officially becomes a law and is enforced by the government. This is often preceded by a period of consideration, during which the president reviews the bill and its implications.
On the other hand, the president may refuse to approve the bill, which is called a veto. When this happens, the bill is sent back to Congress, along with the president's reasons for the veto. Congress then has the opportunity to override the veto by holding another vote on the bill. If two-thirds of both the House of Representatives and the Senate support the bill, the president's veto is overridden, and the bill becomes a law.
In certain situations, the president may choose to do nothing and not sign off on the bill. If Congress is in session, the bill will automatically become law after ten days of inaction by the president. However, if Congress is not in session and the bill remains unsigned, it will be vetoed by default. This is known as a "pocket veto" and cannot be overridden by Congress.
It is important to note that the president's role in the law-making process is crucial, as it serves as a check on the power of Congress. The president can provide a balanced perspective and prevent laws from being enacted that may be detrimental or controversial.
The process of a bill becoming a law is complex and involves multiple stages, including proposal, introduction, committee review, voting, and, finally, review by the president. Each step plays a vital role in shaping the legislation and ensuring that it reflects the interests and needs of the people.
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Frequently asked questions
The first step is the introduction of a bill to Congress.
Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft and introduce a bill.
The bill is assigned to a committee.
The bill goes to a subcommittee for review.
The committee will meet to "mark up" the bill and make changes and amendments.
