Cameron Miranda
LexisNexis is a leading online legislative and regulatory tracking and intelligence service for the 50 states and Congress. It allows users to monitor and manage pending legislative and regulatory activity, providing comprehensive, up-to-date coverage of issues that impact companies and products at all levels of government.
LexisNexis provides an overview of the entire legislative process, from the source of an idea for a legislative proposal to its publication as a statute. It offers insights into how a bill becomes a law, including the introduction of a proposal, referral to committee, consideration by committee, obtaining consideration of measures, legislative oversight, and final action on amended bills.
LexisNexis also provides valuable information on the different types of bills, such as public and private bills, and the process of enacting them into law. It covers the role of the House of Representatives and the Senate, highlighting their equal legislative functions and powers, with certain exceptions.
With its extensive resources and tools, LexisNexis offers a comprehensive understanding of the legislative process and how bills are transformed into laws.
| Characteristics | Values |
|---|---|
| Where a bill idea comes from | A sitting member of the U.S. Senate or House of Representatives, their election campaign, or a petition by people or citizen groups |
| What happens once a bill is introduced | Assigned to a committee, researched, discussed, and amended |
| What happens after the bill is amended | Put before the chamber to be voted on |
| What happens if the bill passes one body of Congress | Goes to the other body to go through a similar process of research, discussion, changes, and voting |
| What happens once both bodies vote to accept a bill | Work out any differences between the two versions, then both chambers vote on the same version of the bill |
| What happens if the bill passes both chambers | Presented to the president |
| What happens if the president approves the bill | Signs it into law |
| What happens if the president doesn't approve the bill | Vetoes it |
| What happens if Congress overrides the veto | The bill becomes a law |
| What happens if Congress doesn't override the veto | The bill is vetoed by default |
What You'll Learn
The role of the US Senate and House of Representatives
The US Senate and House of Representatives are the two chambers of the US Congress, which is the law-making branch of the federal government. The US Constitution grants legislative powers to Congress, which consists of the Senate and the House of Representatives.
The Senate is composed of 100 members, two from each state, elected by the people. The term of office is six years, with one-third of the Senate being elected every second year. Each Senator has one vote.
The House of Representatives is composed of 435 members, with each state apportioned a number of representatives based on its total population. Members are elected every two years. Each Representative has one vote.
The legislative process begins with the introduction of a proposal, which can come from a sitting member of the Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress.
Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put before the chamber (Senate or House of Representatives) to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body.
Both chambers must then work out any differences between their versions of the bill. After that, both chambers vote on the same version of the bill, and if it passes, it is presented to the President for approval or veto.
The Senate and the House of Representatives have some procedural differences. While both have equal legislative functions and powers, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting.
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How a bill is introduced
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 people or citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
In the House of Representatives, a bill can be introduced at any time while the House is in session by simply placing it in the "hopper", a wooden box provided for that purpose and located on the side of the rostrum in the House Chamber. Permission is not required to introduce the measure. The member introducing the bill is known as the primary sponsor, and an unlimited number of members can cosponsor a bill, except in the case of private bills. To prevent the possibility that a bill might be introduced on behalf of a member without their prior approval, the primary sponsor's signature must appear on the bill before it is accepted for introduction.
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, without commenting on it from the floor of the Senate. However, a senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure. Frequently, senators obtain consent to have the bill or resolution printed in the Congressional Record following their formal statement.
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The process of committees
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. There are 20 standing committees in the House and 16 in the Senate, as well as several select committees. Each committee's jurisdiction is defined by certain subject matter under the rules of each House, and all 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.
The committees provide the most intensive consideration of a proposed measure, as well as a forum for the public to be heard. A tremendous volume of work, often overlooked by the public, is done by the members in this phase.
The first actions taken by a committee include seeking input from relevant departments and agencies about a bill. Frequently, the bill is also submitted to the Government Accountability Office with a request for an official report on the views on the necessity or desirability of enacting the bill into law. Normally, ample time is given for the submission of the reports, and they are accorded serious consideration. However, these reports are not binding on the committee in determining whether or not to act favorably on the bill.
If the bill is of sufficient importance, the committee may set a date for public hearings. The chairman of each committee, except for the Committee on Rules, is required to make a public announcement of the date, place, and subject matter of any hearing at least one week before the commencement of that hearing, unless good cause is determined for an earlier date. If that determination is made, the chairman must make a public announcement as soon as possible. Personal notice of the hearing, usually in the form of a letter, is sometimes sent to relevant individuals, organizations, and government departments and agencies.
Each hearing by a committee or subcommittee, except the Committee on Standards of Official Conduct, is required to be open to the public except when the committee or subcommittee, in open session and with a majority present, determines by record vote that all or part of the remainder of the hearing on that day shall be closed to the public because disclosure of testimony, evidence, or other matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would violate a law or a rule of the House.
After hearings are completed, the subcommittee usually will consider the bill in a session that is popularly known as the 'markup' session. The views of both sides are studied in detail, and at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. It may decide to report the bill favorably to the full committee, with or without amendment, or unfavorably, or without recommendation. The subcommittee may also suggest that the committee 'table' it or postpone action indefinitely. Each member of the subcommittee, regardless of party affiliation, has one vote. Proxy voting is no longer permitted in House committees.
At full committee meetings, reports on bills may be made by subcommittees. Bills are read for amendment in committees by section, and members may offer germane amendments. Committee amendments are only proposals to change the bill as introduced and are subject to acceptance or rejection by the House itself. A vote of committee members is taken to determine whether the full committee will report the bill favorably, adversely, or without recommendation.
If the committee votes to report the bill favorably to the House, it may report the bill with or without amendments. If the committee has approved extensive amendments, the committee may decide to report the original bill with one 'amendment in the nature of a substitute' consisting of all the amendments previously adopted, or may introduce and report a new bill incorporating those amendments, commonly known as a 'clean' bill. The new bill is introduced (usually by the chairman of the committee), and, after referral back to the committee, is reported favorably to the House by the committee. A committee may table a bill or fail to take action on it, thereby preventing its report to the House. This makes adverse reports or reports without recommendation to the House by a committee unusual. The House also has the ability to discharge a bill from the committee.
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Presidential approval
Once a bill has been passed by both houses of Congress, it is presented to the President for approval. The President can choose to approve the bill and sign it into law. Alternatively, the President can refuse to approve a bill, which is called a veto. If the President chooses to veto a bill, Congress can override this veto with a two-thirds majority vote in each house, and the bill will become 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 known as a "pocket veto" and cannot be overridden by Congress.
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What happens after a bill becomes a law
Once a bill has been passed by both houses of Congress, it is presented to the President of the United States. The President can then choose to approve the bill and sign it into law. Alternatively, the President can refuse to approve the bill, which is called a veto. If the President chooses to veto the bill, Congress can override this veto with a two-thirds majority vote, and the bill will become a law. However, if the President does not sign off on the bill and Congress is no longer in session, the bill will be vetoed by default, known as a "pocket veto". This cannot be overridden by Congress.
Once a bill has been approved, it is sent to the Enrolling Clerk of the originating House, who prepares the final form of the bill as agreed to by both Houses. This is a meticulous process, as all amendments, substitutions, or additions agreed to by both Houses must be set out in the enrollment exactly as adopted. The enrolled bill is then sent to the White House, where it is signed by the President. If the President approves the bill, they will typically write the word "approved" along with the date. The bill then becomes a law and is published for the public.
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Frequently asked questions
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 groups.
Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber for a vote.
If a bill passes in one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the President for approval or veto.
A joint resolution may include a preamble and is used when proposing an amendment to the Constitution. Statutes initiated as bills can be amended by a joint resolution and vice versa.
A bill becomes a law after it is passed by both chambers of Congress and approved by the President, or if Congress overrides a presidential veto. The bill is then assigned a public law number and published.
