The Lawmaking Process: Committee Action Explained

The process of a bill becoming a law involves multiple steps and procedures. In the United States, the legislative process begins with the introduction of legislation by any member of Congress, followed by referral to relevant committees for detailed examination and potential amendments. The bill is then voted on by the full chamber, and if passed, it is referred to the other chamber for a similar process. In cases where the House and Senate pass different versions, a Conference Committee is formed to reconcile the differences. The resulting bill is then sent to the President for approval, who can sign it into law or exercise a veto. If vetoed, Congress can override the veto with a two-thirds majority vote in both chambers, and the bill becomes a law.

Committee referral

Once a bill is introduced, it is referred to a committee whose members will research, discuss, and make changes to the bill. The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The actual referral decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee and split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.

Committees are groups of Congress members who are particularly interested in different topics such as health or international affairs. They provide the most intensive consideration of a proposed measure and a forum for the public to be heard. There are, at present, 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.

Committees may 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 record. If the committee does not act on a bill, the bill is considered to be "dead".

Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

Once hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Committee review

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees provide the most intensive consideration of a proposed bill and are also a forum for the public to be heard. The committee may hold hearings to better understand the implications of the bill, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the bill to be put on record.

Committees are composed of groups of Congress members with a particular interest in the bill's subject matter, such as health or international affairs. The committee may refer the bill to a subcommittee for further specialisation on the topic and additional 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". If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

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 and are subject to acceptance or rejection by the House. A vote of committee members is then taken to determine whether the full committee will report the bill favourably, adversely, or without recommendation.

If the committee votes to report the bill favourably to the House, it may report the bill with or without amendments. If the committee has approved extensive amendments, it may decide to report the original bill with one "amendment in the nature of a substitute" consisting of all the amendments previously adopted, or it may introduce and report a new bill incorporating those amendments, commonly known as a "clean" bill.

The Role of the Speaker of the House

The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. Bills may be referred to more than one committee and may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.

Subcommittee Review

The subcommittee may make changes to the bill and must vote to refer it back to the full committee. The subcommittee may decide to report the bill favourably to the full committee, with or without amendment, or unfavourably, or without recommendation.

Subcommittee review

Subcommittees are organised under committees and have further specialisation on a certain topic. They are often referred by the Chairman to study and hold hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

The subcommittee will consider the bill in a session that is commonly known as the 'markup' session. The views of both sides are studied in detail and, at the conclusion of the deliberation, a vote is taken to determine the action of the subcommittee. The subcommittee may decide to report the bill favourably to the full committee, with or without amendment, or unfavourably, 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.

The subcommittee will then report on the bill to the full committee. If the committee votes to report the bill favourably 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.

Committee markup

The committee chair chooses the proposal that will be placed before the committee for markup. This is usually a referred bill or a new draft text.

At the markup session, the committee considers possible changes to the proposal by offering and voting on amendments. Amendments at this point do not have to be related to the subject of the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded.

A markup concludes when the committee agrees, by majority vote, to report the bill to the chamber. Committees rarely hold a markup unless the proposal in question is expected to receive majority support on that vote. The committee may vote to report a referred bill, with recommended changes that reflect any amendments adopted during the markup. As an alternative to a referred bill, it may instead report out an original or clean bill that was basically written in the markup process itself from a draft proposal.

Committee vote

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees provide the most intensive consideration of a proposed bill, as well as a forum for the public to be heard. The committee may also choose to hold hearings to better understand the implications of the bill. If the committee does not act on a bill, the bill is considered to be "dead".

The committee may make whatever changes it chooses to the bill. If the committee decides that it wants the bill to become law, it will vote the bill out of committee and prepare it for consideration by all members of the Council. Once a bill is reported out of committee, it is considered by a special committee of the Council that comprises all members of the Council. This committee is called the Committee of the Whole, or "COW" for short.

At a meeting of the COW, the Council prepares all the bills that are to be considered for a vote at the next legislative meeting of the Council. The bill is placed on the agenda of the upcoming legislative meeting along with all other matters that will come before the Council.

Frequently asked questions