How Does a Federal Act Become Law?

How Does a Federal Act Become Law? thumbnail
United States Capitol

Article 1 of the Constitution of the United States vests all lawmaking authority in the Congress of the United States, comprising the Senate and House of Representatives. Although Congress possesses the power to enact legislation, the president of the United States is vested with the ability to approve or veto legislation passed by the Congress.

  1. Drafting of Bill

    • A senator or representative oversees the drafting of bill, a process undertaken by legislative support services staff (technical experts with experience if writing legislation).

    Introduction

    • In the House of Representatives, a bill is introduced by handing it to the clerk of the house or placing it in the hopper (box device where new bills are placed in the absence of the clerk). In the Senate, a senator must announce the introduction of the bill at what is known as "morning hour." Morning hour is a designated time period on the Senate's calendar to deal with certain items of business, including the introduction of legislation.

    Committee

    • The bill is sent to a committee of the House or Senate. The committee schedules hearings on the legislation in which interested parties present testimony regarding the legislation. The members of the committee debate the merits of the bill. Ultimately, the committee members vote on whether to send the bill to floor of the House or Senate for final passage.

    Floor of House/Senate

    • Upon approval of a bill by the assigned committee, the legislation advances to the floor of the chamber in which it was introduced. At this juncture, individual representatives or senators have the option of debating the bill and propose amendments. Once the debate and amendment process concludes, the legislation (as amended, if amendments occurred) is voted on by the entire chamber. If the legislation passes, it is transferred to the other chamber of action. A majority vote is required for approval in the House of Representatives. A supermajority is needed the Senate (60 votes) to end debate and bring the measure to a vote on the merits of the bill. Once debate is terminated by a supermajority, only a majority vote is required for passage of the legislation in the Senate.

    Alternate Chamber

    • The other chamber takes up the legislation, the bill coming before the members for debate and amendment. If the bill passes without any changes, the legislation is sent to the President. If the bill is amended, a conference committee is called.

    Conference Committee

    • A conference committee is composed of members from the House and the Senate. The conference committee works out differences in the legislation between the two chambers. Once that work concludes, the bill goes back to both the House and Senate for final passage. Provided the bill passes both chambers unchanged, the legislation is sent to the president.

    Presidential Action

    • A bill sent to the president becomes law in one of two ways. First, the president signs the legislation, making it law. Second, provided Congress is in session at the time, the president forgoes signing or vetoing the legislation and it becomes law after 10 days.

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  • Photo Credit us capitol image by Ritu Jethani from Fotolia.com

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