The Legislative Process: Bill To Law Markup Explained

A bill is a proposal for a new law or a change to an existing law. The process of how a bill becomes a law involves several stages, including drafting, introduction, committee review, markup, voting, referral to the other chamber, conference committee, presidential review, and potential veto override. During the markup stage, the relevant committees or subcommittees meet to discuss and suggest amendments to the bill. This is a crucial step in shaping the final version of the legislation. Amendments made during the markup session can be substantial, and if so, a new clean bill incorporating these changes is introduced, with the old bill being discarded. The ability to propose and make amendments during the markup stage allows for a more collaborative and flexible law-making process, ensuring that a variety of perspectives and interests are considered.

The bill is drafted

The actual text of the bill is often drafted by legislative aides working for members of Congress or congressional committees. The President can propose a bill, but they cannot introduce it. They usually send draft legislation to Congress with a letter or other explanatory material.

Once the bill is drafted, it is 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. A bill can be submitted for introduction at any time during a Chamber's daily session. The Chamber's Bill Clerk then assigns the legislation a bill number.

The bill is introduced

Any member of Congress can introduce a bill, but only after it has been assigned a number. Senate bills are designated by 'S', while House-introduced legislation begins with 'H.R.' Only the House can originate bills that appropriate money.

The bill is then referred to a committee. This referral is decided by the leadership, influenced by the majority party's political agenda. The bill can be referred to one or more committees, held at the desk, or placed on the calendar. The latter two options are good indications that the leadership expects to bring the bill up for debate quickly.

The bill is placed on the committee's calendar. It can be considered by the entire committee or referred to a subcommittee for review. This phase is important as the committee examines the bill to determine its likelihood of being passed. If the committee does not act on a bill, it is considered killed.

The bill is then referred to a subcommittee with a narrower focus to allow for further study. The subcommittee can make changes to the bill and must vote to refer it back to the full committee.

The bill goes to committee

Once a bill has been introduced, it is referred to a committee with jurisdiction over the subject matter. Committees are responsible for examining the bill, holding hearings, and making amendments. This process is crucial as it determines the likelihood of a bill being passed. If a committee does not act on a bill, it is effectively killed.

Committees may refer a bill to a subcommittee with a narrower focus for further study. The subcommittee will hold hearings, allowing supporters, opponents, experts, and others to put their views on record. Witnesses will provide oral and written statements to the assembled committee, after which committee members will ask questions.

The subcommittee will then meet to discuss their views and suggest amendments to the bill. This is known as a markup session. Amendments at this stage do not need to be related to the subject of the bill.

After the markup, the subcommittee will vote on a final draft of the bill. If the majority approves, the bill is "reported out" or recommended back to the full committee. If the subcommittee does not report out the bill, it is dead.

If the bill is reported out, the full committee will go through the same process of hearings, markup, and reporting out. If the committee approves the bill, it is reported out to the full chamber (Senate or House).

The committee votes to report the bill

Once the committee has finished its markup session, the next step is for the committee to vote on whether to report the bill. This is a crucial stage in the legislative process, as a committee's decision to report a bill indicates that it has been approved and will be forwarded to the next stage.

The committee chair plays a significant role in this process, as they decide where the bill goes next and whether it requires further action. The committee chair can refer the bill to one or more subcommittees or hold it at the full committee level. If the committee chair chooses to hold the bill at the full committee level, it could mean that the bill will be acted on quickly or that it is being suppressed and will die from neglect.

During the markup session, the committee considers the bill and may propose changes or amendments. If the committee votes not to report the legislation to the full chamber of Congress, the bill dies. On the other hand, if the committee votes in favour of the bill, it is reported to the floor, and this procedure is called "ordering a bill reported".

The process of reporting a bill involves several steps that result in another version of the bill, known as a clean bill, and a committee report. The report is a written document that describes the intent and scope of the legislation, the executive branch's position, any impact on current laws or programs, and the opinions of committee members who voted against the bill. The report can take weeks or even months to complete, and it must be filed with the clerk of the full Chamber (House or Senate).

Not every bill that is ordered to be reported makes it to this stage, as some bills may die if the report is not written or filed. Once the report is filed, the bill is available for consideration by the full Chamber, and it is up to the majority party leadership to decide when or if to bring it before the full Chamber for debate, based on their political agenda and estimates of the bill's likely success.

The bill goes to the floor

Once a bill has been reported by the committee, it goes to the floor, where it will be debated and amended before a final vote is taken. The process at this stage differs between the House and the Senate.

In the House, the bill will first go to the House Committee on Rules, which will set time limits for debate and may limit the number and type of amendments that can be offered. The bill will then go to the House's Committee of the Whole House on the State of the Union, which has less restrictive rules and is designed to speed up operations. For example, while 218 members are needed for a quorum in the House, only 100 members are required for a quorum in the Committee of the Whole. After this, the bill will come up for debate and amendments on the House floor.

In the Senate, the reported bill is placed on the calendar and made available for debate. The ground rules for debate in this smaller chamber are not restrictive, and the smaller size of the Senate makes debate more manageable than in the House. Senators can speak for as long as they want, and a filibuster can be stopped only by invoking cloture, which requires a vote of 60 senators.

In both chambers, amendments, including riders, can be offered, and a final vote is taken. Floor debate in either chamber is reported in the Congressional Record and is available on ProQuest® Congressional the day after the debate occurred.

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