House Committee Markups: Manual of Procedures and Procedural Strategies
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House Committee Markups: Manual of
Procedures and Procedural Strategies
,name redacted,
Senior Specialist in American National Government
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Specialist on the Congress
Updated March 27, 2018
Congressional Research Service
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www.crs.gov
R41083
House Committee Markups: Manual of Procedures and Procedural Strategies
Summary
A principal responsibility of House committees is to conduct markups—to select legislation to
consider, to debate it and vote on amendments to it (to mark up), and to report recommendations
on passage to the House. This manual examines procedures and strategy related to committee
markups and provides sample procedural scripts.
A committee faces many decisions when it considers a policy matter in a markup. It must select
what legislation to mark up; decide whether to mark up in committee only or in both
subcommittee and committee; consider the effect of referral on the markup; choose how to report
to the House; and take into account congressional and Administration sentiments. With policy and
political considerations in mind, the committee plans its procedural strategy.
The first element of a markup strategy is selection of a markup vehicle. A committee might mark
up a measure as introduced, a version of the measure previously marked up in subcommittee, a
draft prepared before, after, or without subcommittee markup, or an amendment in the nature of a
substitute. Procedural and political consequences attach to each markup vehicle. Two parts of the
manual deal with this element: Procedural Strategy and the Choice of a Markup Vehicle, and
Beginning a Markup.
The second element of a markup strategy is conduct of the amendment process. A committee may
mark up a measure by section or by paragraph or by another subdivision, such as title; open it to
amendment at any point or use an amendment roster; or mark up an amendment in the nature of a
substitute. Specific procedural and political consequences attach to each choice. One part of the
manual deals with this element: Reading a Measure for Amendment.
The third element of a markup strategy is the decision of what to report. If a committee marks up
legislation as introduced, it may report that with recommended amendments. If a committee
marks up a draft or an amendment in the nature of a substitute, it must convert that vehicle into
legislation that can be reported. A committee may also choose to report a “clean” measure. Two
parts of the manual deal with this element: Reporting a Measure, and Committee Reports.
The final element of a markup strategy cuts through the other elements—anticipating the motions
and requests that the majority and minority might make at each stage of the markup. Four parts of
the manual deal with this element: Parliamentary Inquiries; Points of Order; Motions, Requests,
and Demands; and Voting.
Six parts of this manual supplement these elements of markup strategy by providing background
and context: Introduction to House Committee Markup Procedures, Committee Rules, Procedural
Restrictions in Law on Certain Markups, Referral of Legislation in the House, Considerations
Prior to a Markup, and Role of Committee and Personal Staff.
Two parts of the manual deal with Options for House Consideration and Considerations in a TwoHouse Strategy. Although House floor consideration follows committee action, and Senate action
may precede or follow House committee action, plans for a markup must anticipate the larger
arenas in which reported legislation will be considered. This context is examined in these two
parts.
An Overview of Manual section explains the relationship between the elements and the parts of
the manual, and includes a subsection on How To Read or Use This Manual.
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House Committee Markups: Manual of Procedures and Procedural Strategies
Contents
1. Overview of Manual .................................................................................................................... 1
1.1. Resources: Experts and CRS Reports ................................................................................ 4
1.2. How To Read or Use This Manual ..................................................................................... 5
2. Introduction to House Committee Markup Procedures ............................................................... 6
2.1. What Rules Apply in Committees? .................................................................................... 6
2.2. Summary of Procedures of the House as in the Committee of the Whole as These
Procedures Operate in House Committees ............................................................................. 8
2.3. Importance of Procedure in Committee ............................................................................. 9
3. Committee Rules ......................................................................................................................... 9
3.1. Subcommittees ................................................................................................................. 10
3.2. Meetings ............................................................................................................................11
3.2.1. Meeting Days and Chairing Meetings .....................................................................11
3.2.2. Members’ Initiative to Hold a Markup.....................................................................11
3.2.3. Notice and Documents ............................................................................................ 12
3.2.4. Open and Closed Meetings ..................................................................................... 13
3.2.5. Media Coverage ...................................................................................................... 13
3.3. Opening Statements ......................................................................................................... 14
3.4. Postpone Votes ................................................................................................................. 14
3.5. Quorum Requirements ..................................................................................................... 14
3.6. Recess............................................................................................................................... 15
3.7. Reporting .......................................................................................................................... 15
3.8. Subpoenas ........................................................................................................................ 15
3.9. Committee Records .......................................................................................................... 16
4. Procedural Restrictions in Law on Certain Markups................................................................. 16
5. Referral of Legislation in the House ......................................................................................... 18
5.1. House Rules on Referral .................................................................................................. 18
5.2. Speaker’s Authority .......................................................................................................... 19
5.3. Drafting Strategy and the Referral of Legislation ............................................................ 20
5.4. Protecting a Committee’s Jurisdiction ............................................................................. 22
6. Considerations Prior to a Markup.............................................................................................. 23
6.1. Timing .............................................................................................................................. 24
6.2. Party Leadership Planning ............................................................................................... 25
6.3. Public and Media Attention .............................................................................................. 26
6.4. Should Subcommittee Markup Precede Committee Markup? ......................................... 27
6.5. Legislative Vehicle ........................................................................................................... 28
6.6. Chair Responsibilities: Markup and Floor ....................................................................... 29
6.6.1. Scheduling Meetings and Setting an Agenda .......................................................... 30
6.6.1.1. Pre-Meeting Party Caucuses .......................................................................... 31
6.6.2. Maintaining Order and Decorum ............................................................................ 32
6.6.2.1. Parliamentary Inquiries .................................................................................. 32
6.6.2.2. Points of Order, Dilatory Motions, and Appeals ............................................ 32
6.6.3. Reporting Legislation.............................................................................................. 33
6.6.4. Floor Consideration ................................................................................................ 33
7. Procedural Strategy and the Choice of a Markup Vehicle ......................................................... 34
7.1. Introduced Measure .......................................................................................................... 36
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7.2. Subcommittee Version—Committee Print ....................................................................... 37
7.2.1. Options for Action on Committee Print .................................................................. 37
7.2.2. Committee Print as Markup Vehicle ....................................................................... 38
7.2.3. Committee Print as Amendment in the Nature of a Substitute ............................... 39
7.3 Staff Draft—Chairman’s Mark ......................................................................................... 39
7.3.1. Original Measure .................................................................................................... 40
7.3.2. Managers’ Amendment ........................................................................................... 40
7.4. Amendment in the Nature of a Substitute ........................................................................ 41
7.5. Markup Based on Sole, Primary, Additional Initial, or Sequential Referral .................... 43
8. Beginning a Markup .................................................................................................................. 45
8.1. Notice ............................................................................................................................... 46
8.1.1. Unfinished Markup ................................................................................................. 47
8.2. Quorum and Call to Order................................................................................................ 49
8.3. Opening Statements ......................................................................................................... 49
8.4. Calling Up and Reading the Measure .............................................................................. 50
8.5. Potential Motions as a Measure Is Called Up .................................................................. 52
8.5.1. Question of Consideration ...................................................................................... 52
8.5.2. Motion to Postpone ................................................................................................. 53
8.6. Unanimous Consent ......................................................................................................... 54
8.6.1. Unanimous Consent Implied ................................................................................... 56
9. Reading a Measure for Amendment .......................................................................................... 56
9.1. General Debate ................................................................................................................. 57
9.2. Options for Reading for Amendment ............................................................................... 58
9.2.1. Reporting, Reading, or Designating a Section or Other Unit ................................. 58
9.2.2. Reading for Amendment by Section ....................................................................... 58
9.2.3. Reading for Amendment by Title or Another Unit ................................................. 60
9.2.4. Open to Amendment at Any Point .......................................................................... 62
9.2.4.1. Single-Section Bill or Resolution .................................................................. 63
9.2.5. Amendment Roster.................................................................................................. 63
9.3. Reading an Amendment ................................................................................................... 65
9.4. Drafting Amendments and Amendment Strategy ............................................................. 66
9.5. Form, Scope, and Degree of Amendments ....................................................................... 70
9.5.1. Form ........................................................................................................................ 70
9.5.2. Scope ....................................................................................................................... 70
9.5.3. Degree ..................................................................................................................... 71
9.6. Relationship Among Amendments ................................................................................... 71
9.6.1. Order of Offering Amendments Based on Their Scope .......................................... 72
9.6.2. The Amendment Tree .............................................................................................. 72
9.6.3. Who May Offer an Amendment .............................................................................. 73
9.6.4. Precedence of Amendments When Their Form Is To Strike, or To Strike
and Insert, an Entire Section of Base Text ..................................................................... 74
9.6.4.1. Motion to Strike an Entire Section ................................................................ 75
9.6.4.2. Motion to Strike Out an Entire Section and Insert New Text ........................ 75
9.6.4.3. Motion to Amend a Portion of a Section ....................................................... 75
9.6.5. Order of Voting on Amendments ............................................................................ 76
9.7. Amendment in the Nature of a Substitute ........................................................................ 76
9.7.1. Offering ................................................................................................................... 77
9.7.2. Reading ................................................................................................................... 78
9.7.3. Amending ................................................................................................................ 78
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9.7.3.1. Amending Text Not Made Base Text ............................................................. 80
9.7.3.2. Amending Text Made Base Text .................................................................... 81
9.7.4. Adopting.................................................................................................................. 82
9.8. Additional Procedural Considerations for Amendments .................................................. 82
9.8.1. Precedence of the Motion to Amend ....................................................................... 82
9.8.2. In Writing ................................................................................................................ 83
9.8.3. Amending Amended Text........................................................................................ 83
9.8.4. Reoffering an Amendment ...................................................................................... 84
9.8.5. En Bloc Amendments ............................................................................................. 84
9.8.6. Modifying an Amendment ...................................................................................... 85
9.8.7. Withdrawing an Amendment .................................................................................. 85
9.8.8. Amendment to the Title ........................................................................................... 85
9.8.9. Motion to Strike the Enacting Clause ..................................................................... 86
9.9. Debate on Amendments ................................................................................................... 86
9.9.1. Five-Minute Rule .................................................................................................... 87
9.9.2. Decorum.................................................................................................................. 88
9.9.2.1. Chair’s Duty .................................................................................................. 88
9.9.2.2. Members’ Responsibilities ............................................................................. 89
9.9.2.3. Disorderly Language or Words Taken Down................................................. 89
9.9.3. Limiting or Closing Debate .................................................................................... 91
10. Parliamentary Inquiries ........................................................................................................... 92
11. Points of Order ........................................................................................................................ 92
11.1. Reserving or Making a Point of Order against an Amendment ...................................... 94
11.1.1. Making a Point of Order ....................................................................................... 94
11.1.2. Reserving a Point of Order .................................................................................... 95
11.2. Demand for Regular Order ............................................................................................. 96
11.3. Debate and Chair’s Ruling ............................................................................................. 96
11.4. Appeal of the Chair’s Ruling .......................................................................................... 98
11.5. Germaneness .................................................................................................................. 98
11.5.1. Text to Which an Amendment Must Be Germane............................................... 100
11.5.2. Tests, Principles, and Applications of the Germaneness Rule............................. 102
11.5.3. Sources of Information on Tests, Principles, and Applications ........................... 104
11.5.4. Subject-Matter Test ............................................................................................. 104
11.5.5. Fundamental Purpose Test .................................................................................. 105
11.5.6. Committee Jurisdiction Test ................................................................................ 107
11.5.7. Individual Proposition or Class Not Germane to Another .................................. 108
11.5.8. General Provision Not Germane to a Specific Subject ....................................... 109
11.5.9. Specific Subjects Germane to General Propositions ........................................... 109
11.5.10. Studies ................................................................................................................ 110
11.5.11. Amendments Imposing Conditions, Qualifications, or Limitations ................... 110
11.5.12. Amendments to Bills Amending Existing Law .................................................. 111
11.6. Rule X Committee Jurisdiction Point of Order ............................................................. 112
11.7. Constitutionality Point of Order .................................................................................... 112
11.8. Matters Not Subject to a Point of Order ........................................................................ 113
12. Motions, Requests, and Demands .......................................................................................... 113
12.1. To Adjourn..................................................................................................................... 117
12.2. To Commit or Recommit to a Subcommittee ................................................................ 118
12.3. To Discharge a Subcommittee ....................................................................................... 118
12.4. Previous Question ......................................................................................................... 119
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12.5. To Recess...................................................................................................................... 121
12.6. To Table ........................................................................................................................ 121
13. Voting .................................................................................................................................... 122
13.1. Forms of Voting ............................................................................................................ 122
13.2. Majority Vote................................................................................................................ 125
13.3. Motion to Reconsider ................................................................................................... 125
13.4. Order of Voting on Amendments .................................................................................. 126
13.5. Divisibility of a Question ............................................................................................. 126
13.6. Postponing Votes .......................................................................................................... 128
14. Reporting a Measure.............................................................................................................. 129
14.1. Options for How a Committee May Report to the House ............................................ 130
14.1.1. Report Favorably ................................................................................................ 130
14.1.2. Report Unfavorably ............................................................................................ 130
14.1.3. Report Without Recommendation ....................................................................... 130
14.2. Options for Reporting Recommended Changes to the House ...................................... 130
14.2.1. Without Amendment ........................................................................................... 131
14.2.2. Cut and Bite Amendments .................................................................................. 131
14.2.3. Clean Bill or Resolution...................................................................................... 131
14.2.4. With an Amendment in the Nature of a Substitute .............................................. 132
14.3. Subcommittee Reporting .............................................................................................. 132
14.4. Actions by a Committee in the Course of Reporting.................................................... 133
14.4.1. Motions to Approve and Report .......................................................................... 133
14.4.2. Motion to Reconsider .......................................................................................... 134
14.4.3. Minority and Other Views................................................................................... 135
14.4.4. Technical and Conforming Changes ................................................................... 135
14.4.5. Authorization to Seek Conference with Senate ................................................... 136
14.4.6. Script to Approve and Report a Measure with an Amendment in the
Nature of a Substitute, Not Base Text .......................................................................... 136
14.4.7. Script to Approve and Report a Measure with an Amendment in the
Nature of a Substitute, Made Base Text ....................................................................... 137
14.5. Sponsorship and Cosponsorship of Reported Measures .............................................. 139
15. Committee Reports ................................................................................................................ 139
15.1. Preparing and Filing a Committee Report .................................................................... 140
15.1.1. Privileged and Nonprivileged Reports ................................................................ 140
15.2. Late Filing of a Committee Report .............................................................................. 141
15.3. Required Contents of a House Committee Report ....................................................... 141
15.4. Report with Parts—Measures Referred to More Than One Committee ...................... 143
15.5. Supplemental Report .................................................................................................... 144
15.6. Star Print ...................................................................................................................... 144
15.7. Consequences of Rules Violations in Markups and Committee Reports ..................... 144
15.7.1. Committee Reports and Reporting ...................................................................... 145
15.7.2. Remedy ............................................................................................................... 145
16. Options for House Floor Consideration................................................................................. 145
16.1. Routes to the Floor ....................................................................................................... 146
16.1.1. Legislation That Is Considered in the House ...................................................... 146
16.1.2. Suspension of the Rules ...................................................................................... 147
16.1.3. Special Rules ....................................................................................................... 148
16.1.4. Other Routes ....................................................................................................... 149
16.2. Considerations Pertinent to a Special Rule .................................................................. 149
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16.2.1. Floor Vehicle ....................................................................................................... 151
16.2.2. Waivers of Points of Order .................................................................................. 152
16.2.3. General Debate.................................................................................................... 152
16.2.4. Amendments Made in Order ............................................................................... 153
16.2.5. Motions Precluded or Restricted ......................................................................... 153
16.2.6. House Action ....................................................................................................... 154
16.2.7. Motion to Recommit ........................................................................................... 154
16.2.8. Post-Passage ........................................................................................................ 154
17. Considerations in a Two-House Strategy .............................................................................. 155
18. Role of Committee and Personal Staff .................................................................................. 156
18.1. Administrative Role ..................................................................................................... 157
18.2. Procedural Role ............................................................................................................ 158
18.3. Issue Role ..................................................................................................................... 158
Figures
Figure 1. Sample Committee Markup Notice ................................................................................ 48
Figure 2. Sample Committee Amendment Form ........................................................................... 69
Figure 3. House Amendment Tree ................................................................................................. 73
Tables
Table 1. Motions, Requests, and Demands Commonly Made in Committee Markups ................ 114
Table 2. Required Contents of House Committee Reports .......................................................... 142
Appendixes
Appendix A. Glossary of Selected Markup Terms ...................................................................... 160
Appendix B. House Committee Markups: Administrative Preparation ...................................... 165
Appendix C. Sample Script for Opening Statements .................................................................. 167
Appendix D. Sample Scripts for Calling Up and Reading a Measure ......................................... 168
Appendix E. Sample Scripts When Motions Are Made as a Markup Begins ............................. 169
Appendix F. Sample Scripts for Options for Reading a Measure for Amendment ..................... 171
Appendix G. Sample Script for Offering an Amendment in the Nature of a Substitute.............. 173
Appendix H. Sample Scripts for Offering an Amendment and Disposing of a Point of
Order ........................................................................................................................................ 175
Appendix I. Sample Scripts for Selected Motions and Requests in the Amendment
Process...................................................................................................................................... 178
Appendix J. Sample Scripts for Motion to Close Debate; Parliamentary Inquiry; and
Point of Order of Absence of Quorum ..................................................................................... 183
Appendix K. Sample Scripts for Voting on Amendments ........................................................... 185
Appendix L. Sample Script for Parliamentary Inquiry on Voting Order on Amendments,
with Votes on Amendments to an Amendment in the Nature of a Substitute Made Base
Text ........................................................................................................................................... 187
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Appendix M. Sample Scripts for Division of a Question: Amendments and En Bloc
Amendments............................................................................................................................. 189
Appendix N. Sample Scripts for Postponing a Recorded Vote; Calling a Recess ....................... 192
Appendix O. Sample Script for Subcommittee Reporting .......................................................... 194
Appendix P. Sample Script for Reporting a Measure with or without Amendments, or
with an Amendment in the Nature of a Substitute Considered as Base Text ........................... 195
Appendix Q. Sample Script for Reporting a Measure with an Amendment in the Nature
of a Substitute, Not Base Text .................................................................................................. 197
Appendix R. Sample Script for Reporting a Clean Bill or Resolution ........................................ 199
Appendix S. Consideration and Reporting of a Measure by Unanimous Consent ...................... 200
Contacts
Author Contact Information ........................................................................................................ 200
Congressional Research Service
House Committee Markups: Manual of Procedures and Procedural Strategies
On the theory that a government of laws is preferable to a government of men, the House
has repeatedly recognized the importance of following its precedents and obeying its
well-established procedural rules.… The House adheres to settled rulings, and will not
lightly disturb procedures that have been established by prior decision of the Chair.1
House committees are required to follow the procedures prescribed by the rules of the
House ‘so far as applicable.’ …They are also bound by those provisions of Jefferson’s
Manual that are consistent with the rules of the House…. Finally, they are bound by their
written rules which are adopted by each standing committee under clause 2(a) of rule XI.2
1. Overview of Manual
One of the principal responsibilities of House committees is to conduct markups—to select
legislation for committee consideration, debate and vote on amendments to it, write a report
advocating for the committee’s decisions on it, and report the committee’s recommendations to
the House. Committees also mark up matters such as subpoenas and committee rules. This
manual examines procedures and procedural strategy related to House committee markups and
relevant to all committee members. It also discusses the roles of a chair, a ranking minority
member, and committee members in the conduct of markups. Sample scripts that illustrate
markup procedures, motions, and requests appear as part of the text and in appendices.
The first element of a markup strategy is a chair’s selection of the markup vehicle—an introduced
measure, a draft, a subcommittee-approved measure, or an amendment in the nature of a
substitute. Specific procedural consequences attach to each form of markup vehicle. With the
markup vehicle chosen, a chair schedules and convenes a markup meeting. This element of
markup strategy is analyzed in these parts and appendices:
“7. Procedural Strategy and the Choice of a Markup Vehicle”
“8. Beginning a Markup”
Appendix C. Sample Script for Opening Statements
1 Charles W. Johnson, John V. Sullivan, and Thomas J. Wickham Jr., House Practice: A Guide to the Rules Precedents,
and Procedures of the House, 115th Cong., 1st sess. (Washington, DC: GPO, 2017), ch. 50, § 2, p. 853. (Hereinafter
House Practice.) Available online from GPO at https://www.gpo.gov/fdsys/pkg/GPO-HPRACTICE-115/pdf/GPOHPRACTICE-115.pdf.
The preface to House Practice describes this work as a “summary review of selected precedents” and “not an
exhaustive survey of all applicable rulings” to volumes containing the rules and precedents of the House. It is contained
in single volume, arranged alphabetically into chapters named for principal procedural concepts, beginning with
“Adjournment” and ending with “Withdrawal.” An index aids the user in finding specific explications of procedures.
House Practice, pp. iii-iv.
At footnote 6, see the description of the Constitution, Jefferson’s Manual, and Rules of the House of Representatives of
the United States, One Hundred Fifteenth Congress, which includes parliamentarian’s notes on nearly every section of
the House rules. Many footnotes to the Constitution, Jefferson’s Manual, and Rules of the House of Representatives of
the United States, One Hundred Fifteenth Congress, throughout this report are references to specific parliamentarian’s
notes.
Both House Practice and Constitution, Jefferson’s Manual, and Rules of the House of Representatives of the United
States, One Hundred Fifteenth Congress contain extensive references to the precedent volumes of the House of
Representatives—Deschler’s Precedents, Cannon’s Precedents, and Hinds’ Precedents—which are available online
through the GPO Access website at https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&
browsePath=Precedents+of+the+U.S.+House+of+Representatives&isCollapsed=false&leafLevelBrowse=false&
ycord=0.
2 Ibid., ch. 11, § 15, p. 275.
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Appendix D. Sample Scripts for Calling Up and Reading a Measure
Appendix E. Sample Scripts When Motions Are Made as a Markup Begins
The second element of a markup strategy is conduct of the amendment process. Again, a
committee has choices, depending on how the markup vehicle is drafted—to mark up a measure
by section or paragraph; by another unit, such as title or chapter; with the measure open to
amendment at any point or with an amendment roster; or by laying down an amendment in the
nature of a substitute. Specific procedural consequences also attach to each of these choices. This
element of markup strategy is analyzed in these parts and appendices:
“9. Reading a Measure for Amendment”
Appendix F. Sample Scripts for Options for Reading a Measure for Amendment
Appendix G. Sample Script for Offering an Amendment in the Nature of a
Substitute
Appendix H. Sample Scripts for Offering an Amendment and Disposing of a
Point of Order
Appendix I. Sample Scripts for Selected Motions and Requests in the
Amendment Process
Appendix J. Sample Scripts for Motion to Close Debate; Parliamentary Inquiry;
and Point of Order of Absence of Quorum
Appendix K. Sample Scripts for Voting on Amendments
Appendix L. Sample Script for Parliamentary Inquiry on Voting Order on
Amendments, with Votes on Amendments to an Amendment in the Nature of a
Substitute Made Base Text
Appendix M. Sample Scripts for Division of a Question: Amendments and En
Bloc Amendments
Appendix N. Sample Scripts for Postponing a Recorded Vote; Calling a Recess
The third element of a markup strategy is the decision of what to report and how to report it. If a
committee marks up legislation as introduced, it may report the measure with recommended
amendments. If a committee marks up a draft, it must convert that draft into legislation that can
be reported, for example, by amending a measure referred to the committee and reporting that
measure as amended. Alternately, if a committee marks up a draft, the chair or another committee
member could introduce the draft, as amended, and the committee could report the newly
introduced bill. If a committee marks up an amendment in the nature of a substitute, it normally
amends the measure to which the amendment was offered. A committee might also choose to
report a “clean” bill or resolution. This element of markup strategy is analyzed in these parts and
appendices:
“14. Reporting a Measure”
“15. Committee Reports”
“16. Options for House Floor Consideration”
“17. Considerations in a Two-House Strategy”
Appendix O. Sample Script for Subcommittee Reporting.
Appendix P. Sample Script for Reporting a Measure with or without
Amendments, or with an Amendment in the Nature of a Substitute Considered as
Base Text
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Appendix Q. Sample Script for Reporting a Measure with an Amendment in the
Nature of a Substitute, Not Base Text
Appendix R. Sample Script for Reporting a Clean Bill or Resolution
Appendix S. Consideration and Reporting of a Measure by Unanimous Consent
The final element of a markup strategy cuts through the other elements—the motions and requests
that members might make at each stage of the markup, acting for the majority or minority or in
behalf of a policy perspective or individual interest. This element of markup strategy is analyzed
in these parts and appendices:
“10. Parliamentary Inquiries”
“11. Points of Order”
“12. Motions”
“13. Voting”
Appendix E. Sample Scripts When Motions Are Made as a Markup Begins
Appendix H. Sample Scripts for Offering an Amendment and Disposing of a
Point of Order
Appendix I. Sample Scripts for Selected Motions and Requests in the
Amendment Process
Appendix J. Sample Scripts for Motion to Close Debate; Parliamentary Inquiry;
and Point of Order of Absence of Quorum
Appendix M. Sample Scripts for Division of a Question: Amendments and En
Bloc Amendments
Appendix N. Sample Scripts for Postponing a Recorded Vote; Calling a Recess
Several parts and appendices of this manual supplement these elements of markup strategy by
providing background, context, and other information. These parts and appendices are as follows:
“2. Introduction to House Committee Markup Procedures”
“3. Committee Rules”
“4. Procedural Restrictions in Law on Certain Markups”
“5. Referral of Legislation in the House”
“6. Considerations Prior to a Markup”
“16. Options for House Floor Consideration”
“17. Considerations in a Two-House Strategy”
“18. Role of Committee and Personal Staff”
Appendix A. Glossary of Selected Markup Terms
Appendix B. House Committee Markups: Administrative Preparation
This manual organizes and analyzes the procedures, practices, and procedural strategy of House
committees and subcommittees in conducting markups of legislation or other matters in a manner
that may be used by a committee chair, committee ranking minority member, majority members
of a committee, minority members of a committee, or members with a policy-majority or policyminority viewpoint on a committee. The manual explains procedures, practices, and strategy, and
includes sample excerpts of dialogue related to commonly used procedures, motions, and
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requests. Longer sample scripts of portions of markups appear in appendices. A checklist for staff
preparing for a markup and a glossary of selected markup terms appear in separate appendices.
The manual contains two additional parts: “16. Options for House Floor Consideration” and “17.
Considerations in a Two-House Strategy.” These parts of the manual examine some of the
procedural options for House floor consideration and explain some of the political and procedural
considerations for House committees anticipating Senate action on a related measure. A chair,
ranking minority member, and other committee members anticipate floor action and agreement
between the houses in designing their markup procedural strategy, as examined in “6.
Considerations Prior to a Markup.”
1.1. Resources: Experts and CRS Reports
This manual seeks to cover the range of frequently encountered markup procedures and
considerations in markup procedural strategy. In using this manual in conjunction with a specific
markup, the reader will need to first take into account that markup’s policy and political
considerations, and then study procedural options relevant to those considerations. Congressional
Research Service (CRS) specialists and analysts are available to committees, committee
members, and committee and personal staff to assist in understanding the parliamentary
procedures and strategy analyzed in this manual and in applying them to specific committees and
parliamentary circumstances.3
In general, procedures applicable to committees are also applicable to subcommittees.
Sometimes, subcommittees as well as committees are mentioned to reinforce this fact. Where a
procedure is not applicable to a subcommittee, such as reporting a measure to the House, a
distinction is made.
Throughout the manual, the words “member” and “members” normally appear without an initial
capital because the reference is to a committee member or members. If reference is made to a
“Member” or “Members” of the House, the word is capitalized.
Related CRS products that contain information and analyses that might also be of interest to the
reader include—
CRS Report RL34679, House Committee Chairs: Considerations, Decisions, and
Actions as One Congress Ends and a New Congress Begins, by (name redacted)
and (name redacted)
;
CRS Report 98-151, House Committees: Categories and Rules for Committee
Assignments, by (name redacted);
CRS Report 98-367, House Committees: Assignment Process, by (name redacted);
CRS Report RS21165, House Standing Committee Chairs and Ranking Minority
Members: Rules Governing Selection Procedures, by (name redacted);
CRS Report R42778, House Committee Funding: Description of Process and
Analysis of Disbursements, by (name redacted)
;
CRS Report RL32794, House Committee Funding Requests and Authorizations,
104th-115th Congresses, by (name redacted)
;
3 Readers may also consult House rules and precedents, committee rules, committee staff, the parliamentarian’s staff, or
CRS staff concerning specific rules, precedents, and practices applicable in specific committees.
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CRS Report RL30244, The Committee Markup Process in the House of
Representatives, by (name redacted); and
CRS Report R41605, House Standing Committees’ Rules on Legislative
Activities: Analysis of Rules in Effect in the 114th Congress, by (name redac
ted) and (name redacted)
.
CRS reports on specific aspects of the legislative process are cited in footnotes in the appropriate
parts of this manual. In addition, two-page explanations of specific aspects of House legislative
and budget processes and longer CRS products and other procedural materials can be found in the
Congressional Process, Administration, and Elections section of the CRS website, at
http://www.crs.gov/iap/congressional-process-administration-and-elections. An extensive
congressional glossary can be found on the CRS website, at http://www.crs.gov/resources/
GLOSSARY?source=search.
1.2. How To Read or Use This Manual
The authors expect readers to use this manual as a reference tool and as an explication of the
conduct of committee markups. In approaching the manual, readers will find a detailed Table of
Contents that allows them to find the specific topic on which they are seeking information or
reference.
The Table of Contents also gives the reader ready access to analysis and explanation of House
committee markups—their components and the relationships between those components, majority
and minority options, definitions and distinctions, and both the breadth and detail of the markup
process from planning to options for House floor consideration. Section 1 clusters the sections of
the manual and the appendices by a stage of the markup process, allowing the reader to see which
sections and appendices are most closely related.
The reader will find extensive cross-referencing in each section to other sections and the
appendices. Readers should also consult the glossary in Appendix A. Committee staff should
examine staff responsibilities detailed in “18. Role of Committee and Personal Staff” and
Appendix B, House Committee Markups: Administrative Preparation.
The report’s three figures and two tables may also be easily located from the Table of Contents.
All the appendices are also listed in the Table of Contents. Except for the first two appendices, the
remaining 16 appendices contain procedural scripts that committee staff may use to organize
tailored markup scripts for a chair, ranking minority member, or other committee or
subcommittee members.
The authors recommend that potential readers, regardless of their official position or length of
service, carefully orient themselves to committee markups and the manual by reading Sections 16, just over 30 pages in length. These sections contain the background or context necessary for
understanding markups as one of the most important of congressional processes and as a key part
of the legislative process for determining how a particular bill might become law.
The manual is organized as a progression from pre-markup through House consideration of a
committee-reported measure for readers who wish to read it from beginning to end. Readers who
wish to build expertise in parliamentary procedures or learn about aspects of procedures
described compendiously in this manual are strongly encouraged to read House Practice and the
parliamentarian’s notes expounding on rules and constitutional provisions in Constitution,
Jefferson’s Manual and Rules of the House of Representatives of the United States, One Hundred
Fifteenth Congress. (These documents are described at footnotes 1 and 6, respectively.)
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The manual may also be used as a desk reference in the office and during markups. Many
committee parliamentarians have printed and placed it in a binder, inserting section and key
subsection tabs.
2. Introduction to House Committee
Markup Procedures
The primary legislative function of standing committees in the House of Representatives is to
evaluate the thousands of bills and resolutions that Members introduce during each Congress,
which are normally referred upon introduction to the appropriate committee or committees. This
evaluation process typically begins with an initial screening in which the majority-party
committee leaders and staff, perhaps in conjunction with majority-party leadership, identify the
relatively small percentage of measures referred to a committee that may merit more
consideration. A committee or one of its subcommittees may conduct one or more days of public
hearings to receive testimony about the policy issues in legislation selected for action and the
merits of legislation proposed to address it.4
If the committee recommends that the House take action on legislation, hearings are followed by
markup meetings at which committee members propose and vote on amendments to a measure
(or the draft of a measure). These meetings are called markups because committee members
“mark up” the legislation before them as they decide what amendments to recommend to the
House. Finally, the committee votes to report the bill or resolution with any recommended
amendments to the House for chamber consideration.
2.1. What Rules Apply in Committees?
The rules of the House of Representatives are not specific concerning the procedures that
committees are to follow in marking up legislation. Rule XI, clause 1(a)(1)(A) states, “The Rules
of the House are the rules of its committees and subcommittees so far as applicable.” Rule XI,
clause 2(a)(1) directs each standing committee to adopt “written rules governing its procedure.”
This paragraph continues: “Such rules…(B) may not be inconsistent with the Rules of the House
or with those provisions of law having the force and effect of Rules of the House….” Finally,
Rule XI, clause1(a)(1)(B) subordinates subcommittees to the committee of which they are a part:
“Each subcommittee is a part of its committee and is subject to the authority and direction of that
committee and to its rules, so far as applicable.”5
These rules do not state which House rules are applicable to committees and their subcommittees.
House rules contain different sets of procedures that the House uses under different circumstances
to consider various bills and resolutions. It would be not be possible for all of these procedures to
4 Hearings are not necessarily held on the specific legislative vehicle that is later marked up in committee. Hearings
might be held on policy issues, legislative proposals, or previously introduced legislation, with a legislative vehicle for
markup developed subsequently. Hearings might also occur in one Congress when legislative action on a major bill is
anticipated in the next Congress. Field hearings and oversight hearings also inform decision making in a committee.
Hearings are not necessarily held on noncontroversial legislation, such as the naming of public buildings. As explained
later, a committee might schedule open hearings, closed hearings, or a mix of both open and closed hearings. See
“3.2.4. Open and Closed Meetings.”
5 A brief elaboration of subcommittee powers vis-à-vis a parent committee appears in House Practice, ch. 11, § 15, pp.
275-276.
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be applicable to committees or applicable at the same time. It would also not be possible for
committees to adopt rules that avoid inconsistency with all House procedures.
The House parliamentarian, however, has provided important guidance in the parliamentarian’s
notes to Section XXX of Jefferson’s Manual: “The procedures applicable in the House as in the
Committee of the Whole generally apply to proceedings in committees of the House....”6 The
phrase “House as in the Committee of the Whole” refers to a distinctive set of procedures that the
House may, but rarely does, use to consider measures. These procedures are not listed in the
House’s rules; rather, they are a matter of well-established precedent. As the phrase suggests, the
procedures applicable in the House as in the Committee of the Whole combine elements of the
procedures that apply in the House and those that are followed in Committee of the Whole House
on the state of the Union (the Committee of the Whole).
Although no House rule specifically requires committees to follow these procedures in marking
up legislation, committees typically do follow them—unless a committee agrees by unanimous
consent to diverge from these procedures. To the extent feasible or applicable, House rules and
precedents on reading measures; amending; voting; and other aspects of legislative procedures,
including the authority of the presiding officer, are employed in committee and subcommittee
markups. In the commentary accompanying Rule XI, clause 2(a)(1), nonetheless, the House
parliamentarian explains that “a point of order does not ordinarily lie in the House against
consideration of a bill by reason of defective committee procedures occurring prior to the time the
bill is ordered reported to the House….”7
There are in addition some well-established procedures in committees that differ from the
procedures of the House as in the Committee of the Whole. For example, in the House as in the
Committee of the Whole, a measure is considered as read and open to amendment at any point.8
However, the same parliamentarian’s notes that indicate that the procedures of the House as in
Committee of the Whole “generally apply” in committee proceedings also state, “…except that a
measure considered in committee must be read (by section) for amendment….”9
6 In U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the House of Representatives of the United
States, One Hundred Fifteenth Congress, H.Doc. 114-192, 114th Cong., 2nd sess. (Washington, DC: GPO, 2017), § 427,
p. 226. (Hereinafter House Rules and Manual.) Available online from GPO at https://www.gpo.gov/fdsys/pkg/HMAN115/pdf/HMAN-115.pdf. In addition, the parliamentarian comments in the notes to Rule XI, cl. 2(a): “Many of the
procedures applicable to committees derive from Jefferson’s Manual, which governs the House and its committees in
all cases to which it is applicable....” House Rules and Manual, § 792, p. 560. Regarding the relationship of Jefferson’s
Manual to House rules, Rule XXIX states: “the rules of parliamentary practice comprised by Jefferson’s Manual shall
govern the House in all cases to which they are applicable and in which they are not inconsistent with the Rules and
orders of the House.” See also House Practice, ch. 11, § 18, p. 280. See also CRS Report 97-1045, House Rules and
Precedents Affecting Committee Markup Procedures, by (name redacted)
.
As is clear from its title, House Rules and Manual contains the texts of the Constitution, Jefferson’s Manual, and
current rules of the House. What is not clear is that each constitutional, Jefferson’s Manual, and rules provision is
accompanied by extensive parliamentarian’s notes explaining the operation of a provision in House precedent and
practice. These notes also trace the evolution of each rules provision. The initial printing of the rules adopted by the
House at the beginning of a new Congress, published by the clerk of the House, contains only the current rules. See, for
example, Rules of the House of Representatives, One Hundred Fifteenth Congress, prepared by Karen L. Haas, Clerk of
the House of Representatives, January 5, 2017.
7 House Rules and Manual, § 792, p. 560. See also House Practice, ch. 11, § 15, p. 276.
8 House Practice, ch. 2, § 15, pp. 32-33.
9 Jefferson’s Manual, § XXX, in House Rules and Manual, § 427, p. 226.
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2.2. Summary of Procedures of the House as in the Committee of
the Whole as These Procedures Operate in House Committees
Based on the parliamentarian’s guidance and House rules, the key procedures applicable to House
committees in the markup process are as follows:
First Reading. A measure is first read in full. This first reading may be waived
by a highly privileged, nondebatable motion, however, if printed copies of the
measure are available. Rule XI, clause 1(a)(2)(A)(ii) makes this motion in order.
(See “8.4. Calling Up and Reading the Measure.”)
Reading Sections (or Paragraphs) of a Measure. A section (or paragraph) of a
measure must be read verbatim before committee members offer amendments to
it. This reading may be waived only by unanimous consent. (See “9.2.1.
Reporting, Reading, or Designating a Section or Other Unit.”)
Reading a Measure for Amendment. A measure must be read for amendment
one section (or, if so organized, one paragraph) at a time, unless the committee
agrees by unanimous consent to another reading procedure. Members offer their
amendments to each section of a measure after that section has been read and
before the next section is read. A committee may consider a measure as open for
amendment in another way (for example, by title or at any point) only by
unanimous consent. (See “9.2. Options for Reading for Amendment.”)
Reading Amendments. Each amendment must be read before debate on it
begins. Reading of an amendment may be waived only by unanimous consent.
(See “9.3. Reading an Amendment.”)
Debate. All debate on amendments and the legislative vehicle is conducted under
the five-minute rule. The chair normally entertains debate on points of order and
parliamentary inquiries at his or her discretion. Discussion under reservations of
the right to object to a unanimous consent request is by practice normally brief,
but is not limited by the five-minute rule. (See “9.9. Debate on Amendments.”)
Motion to Limit or Close Debate. A committee member may move to limit or
close debate on a pending section (and all amendments thereto) or on a pending
amendment (and all amendments thereto). This motion may provide that debate
end immediately, at a certain time, or after a specified number of minutes or
hours. A motion is not in order to close debate on an entire measure if any portion
of the measure has not yet been read. (See “9.9.3. Limiting or Closing Debate.”)
Previous Question. A nondebatable motion to close debate does precisely that: it
stops the debate. It does not prevent committee members from offering additional
amendments. To end debate and preclude further amendments, a member may
move the previous question on a pending amendment and all amendments
thereto. A member may also move the previous question on an entire measure
(and all amendments thereto) only after the measure has been read in full. (See
“12.4. Previous Question.”)
Vote to Report. After a committee disposes of the last amendment to a measure,
it votes on a motion to report the measure, together with any amendments the
committee has agreed to. The committee does not vote on passing the measure,
and amendments agreed to are not changes to the measure but recommendations
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for change to the House. A majority of a committee must be “actually present” to
vote to report a measure.10 (See “14. Reporting a Measure.”)
Neither House nor committee rules are self-enforcing, and it is left to each committee to enforce
House rules and precedents and committee rules governing the process of debate and amendment
in a markup. A member must make a point of order if he or she believes a rule is being violated.
Each committee may also create its own informal or customary practices.
2.3. Importance of Procedure in Committee
House rules and precedents and committee rules are important to the majority and the minority,
whether that is a party majority or minority or a policy majority or minority, and to committee
leaders of both parties and to individual committee members. The rules normally allow the party
majority to reach a conclusion in markup when it has the votes for its legislative policy. The rules
allow the minority to present its views and to seek changes in the legislative text being marked
up. Adherence to established rules allows all committee members fair treatment and the ability to
represent their constituents and political point of view, even if the positions they favored did not
garner the support of a majority of the committee’s members.
In addition, majority-party leaders expect their committee chairs to acquit themselves
commendably or at least positively. Having conducted a markup with adherence to House rules
and precedents and committee rules, a committee presents its House leadership with a clean
parliamentary record in anticipation of floor action. Alternatively, as explained later (“15.7.
Consequences of Rules Violations in Markups and Committee Reports”), although a committee
vote to report a measure largely wipes out points of order occurring during committee
consideration of a measure, the process of achieving that end could compromise the majorityparty leadership’s strategy. The Rules Committee, acting at the reporting committee’s or the
leadership’s behest, might believe it is compelled to include in a special rule waivers of rules and
other provisions that could add procedural issues to the policy debate.
If a committee does not acquit itself well procedurally, it might erode the majority-party
leadership’s and the minority’s trust in the committee’s leadership. The majority-party leadership
could assign leading roles on future legislation important to the majority to other committees or to
the leadership itself. The minority of the committee, if it feels that it has been treated unfairly,
could become intransigent and challenge procedurally future actions of the majority, both in
committee and on the floor.
3. Committee Rules
Committee rules are adopted at the first meeting of a panel soon after a new Congress convenes
and committee members are selected. House committees are required by Rule XI, clause 2(a)(1)
to adopt their own internal rules of procedure in an open committee meeting with a quorum
present. These rules must incorporate the provisions of Rule XI, clause 2, which are numerous,
“to the extent applicable.” A committee’s rules “may not be inconsistent” with House rules or
statutory provisions in effect as House rules (Rule XI, clause 2(a)(1)(B)). Committee rules must
be published in the Congressional Record and in an electronic form not later than 30 days after
the election of a committee’s chair.
10 Rule XI, cl. 2(h)(1).
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As noted above, Rule XI, clause 1(a)(1) also states, “The Rules of the House are the rules of its
committees and subcommittees so far as applicable….” Committee rules generally restate the
requirements of Rule XI, but also modify or add new provisions consistent with the intent or
meaning of Rule XI and other House rules.11 The effect of Rule XI is that committees have not
only direction regarding markup procedure but also discretion in creating their own rules,
procedures, and customary practices. As is the case with House rules, committee rules are not
self-enforcing: a member must raise a point of order if he or she thinks a violation is occurring.
Committees normally adopt the rules in effect in the previous Congress, with any changes usually
being incremental. The rules developed over time, fit the practices and culture of a committee,
and favored the majority. A committee’s chair might consider potential changes in light of the
major policy issues the chair anticipates the committee might consider in that Congress and the
political environment in which they will be debated, including the committee’s party ratio and the
ideological makeup of the majority-party members. A chair might also consider his or her party’s
leadership expectations for how committees will operate, for example, an enhanced or diminished
role for subcommittees or the ability to report key legislation aligned with political objectives.
Aspects of committee rules that might be examined include
the role and authority of the committee’s chair in scheduling meetings, referring
legislation to and discharging it from subcommittees, issuing subpoenas, and
taking other actions;
the role and authority of the ranking minority member, for example, whether the
chair may take specific actions without any involvement of the ranking minority
member, after “notice” to that member, after “consultation” with that member, or
with the “concurrence” of that member;
the role and authority of the committee vis-à-vis the chair—whether specific
actions by the committee may be taken only “by majority vote”;
the role and authority of the minority party, for example, whether the presence of
one or more members of the minority party will be required for a quorum for
specific business; and
changes to House rules affecting committees, such as the change in the 108th
Congress (2003-2005) that allowed committees to adopt a rule authorizing the
chair of a committee and the chairs of its subcommittees to postpone the taking
of certain recorded votes.
3.1. Subcommittees
As noted above, Rule XI, clause 1(a)(1)(B) states, “Each subcommittee is a part of its committee
and is subject to the authority and direction of that committee and to its rules, so far as
applicable.” Some provisions of Rule XI and other rules affecting committee activities apply
specifically to subcommittees, whereas other provisions of these rules do not. Within the
parameters of House rules, committees may grant or withhold authority from their subcommittees
in their rules.
Some committees’ rules provide extensive guidance concerning the prerogatives of
subcommittees, whereas other committees’ rules do not. Some committees grant a degree of
11 When committee rules are silent on a particular matter, House rules prevail. Some committees repeat nearly verbatim
some applicable House rules in their committee rules, whereas others simply reference some House rules.
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autonomy and authority to their subcommittees, whereas others limit their subcommittees to the
conduct of hearings. Some committees’ rules require measures referred to the committee to be
referred to a subcommittee, often within a specified time period, whereas other committees’ rules
leave the decision to refer a measure to subcommittee to the chair’s discretion. Some committees
provide funding to subcommittees for their own staff, whereas other committees require
subcommittees to obtain funding and staff from the committee chair for each specific
subcommittee activity. (Additional committee rules applicable to subcommittees are discussed
below at “6.4. Should Subcommittee Markup Precede Committee Markup?”.)
Subcommittees do not have the power to report legislation directly to the House without specific
authority granted by the House to do so. (For an explanation of subcommittees reporting to parent
committees, see “14.3. Subcommittee Reporting,” and Appendix O, Sample Script for
Subcommittee Reporting.)
3.2. Meetings
Committees meet pursuant to House and individual committee rules on notice, the availability of
documents, open-meeting requirements, and quorums (see “3.5. Quorum Requirements”). Rule
XI, clause 2(i) prohibits committees from meeting while the House and Senate are in a joint
session or during a recess when a joint meeting is in progress.
Rule XI, clause 2(m)(1)(A) authorizes committees to meet and hold hearings, whether the House
is in session or has recessed or adjourned, providing the meeting is in the United States. Rule XI,
clause 6 allows business to be carried over to a successive session of Congress, normally to the
second session from the first session.
3.2.1. Meeting Days and Chairing Meetings
Rule XI, clause 2(b) requires standing committees to adopt regular meeting days not less
frequently than monthly for the consideration of committee business. Clause 2(c) grants the chair
authority to call additional meetings, and most committee meetings are these additional meetings,
held several times a month, as explained below (“3.2.3. Notice and Documents” and “8.1.
Notice”).
Clause 2(c) also establishes a procedure by which committee members, including minority
members, may request or call additional meetings. (See “3.2.2. Members’ Initiative to Hold a
Markup.”) Clause 2(d) directs committee chairs to appoint committee and subcommittee vice
chairs, and designates that a majority member preside over a meeting in the absence of a chair or
vice chair.12
Committees are not required to meet on their regular meeting days, and such a meeting is held
only if it has been noticed. (See “3.2.3. Notice and Documents.”) An established day, however,
can provide a determined minority an opportunity to force a meeting if one is not planned.
3.2.2. Members’ Initiative to Hold a Markup
If a chair refuses to call a meeting on a matter, Rule XI, clause 2(c)(2) allows a majority of a
committee’s membership to convene a meeting. Under this rule, any three members of a
committee via a letter to the chair may request a committee meeting on a specific subject. The
12 The rules of the Democratic Caucus provide that each committee caucus elect a vice ranking member when
Democrats are the minority party in the House.
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chair has three calendar days to call the requested meeting, which must be scheduled within seven
calendar days after the request is filed. If the chair does not act, a majority of committee members
may file a written notice in the committee offices ordering the meeting to occur and specifying
the time of the meeting and the subject matter. If a majority files the notice, the committee clerk is
then required to inform all committee members of the meeting, which will be held at the time
identified in the notice.
This authority may be employed as a tactic of the minority, or of members having a minority
policy viewpoint, in seeking action on a matter. Such a tactic is unlikely to be successful if the
chair has the backing of his or her party’s committee members, but it might prove suasive in
obtaining an assurance from the chair to schedule the desired business at a future date. A chair
might also act if he or she believes that his or her own party’s members are sympathetic to action
on the matter at issue.13
3.2.3. Notice and Documents
Rule XI, clause 2(c)(1) authorizes committees to adopt procedures for scheduling meetings, and
most committee meetings are scheduled pursuant to these committee rules. Under this
authorization, committees minimally adopt “notice requirements” in their rules to inform
committee members of a meeting a certain number of hours or days in advance of the meeting
and of the agenda for the meeting. (For an example of a notice, see Figure 1.)
Because of House rules, committees typically distinguish between notice for hearings and notice
for meetings. The House requires a notice of at least one week for hearings and of at least three
days for meetings. The House also allows shorter notice for both hearings and meetings if the
chair obtains the concurrence of the ranking minority member or, by majority vote, the
concurrence of the committee. In addition, for a markup meeting, a chair must make available to
committee members at least 24 hours in advance the text to be marked up, in electronic form. If
notice of a markup is less than 24 hours, the text must be made available prior to the meeting, in
electronic form. (Rule XI, clause 2(g)(4).) Some committees’ rules exceed the requirements of the
House rules.14
Some committees have specific scheduling requirements applicable to their subcommittees.15
Committees have turned by practice to electronic notification in addition to or instead of written
notification. Although most committees’ rules do not make a distinction, some committee chairs
clarify what a committee’s practice will be in the course of markup of the committee’s rules or in
a later committee meeting. (See also the introduction to this part, “3. Committee Rules.”)
13 In contrast to the disadvantage a committee minority has to call a markup contrary to a chair’s desires, the minority
membership of a committee, specifically, has the power to obtain a hearing with witnesses it has called, pursuant to
Rule XI, cl. 2(j)(1). The minority can insist on a day of hearings under the rule. For additional explanation, see CRS
Report RS22637, House Committee Hearings: The “Minority Witness Rule,” by (name redacted).
Committees or
subcommittees usually work out an agreement to include minority witnesses on panels or as part of a hearing
comprising largely majority-called witnesses. Some committees have taken cognizance of the majority-minority ratio
on the committee in allocating majority and minority witness slots on panels or among witnesses, with the minority
allocation increasing or decreasing as the ratio changes.
14 The Rules Committee is exempted from the operation of these rule provisions.
15 Committees’ requirements for their subcommittees is examined in CRS Report R41605, House Standing
Committees’ Rules on Legislative Activities: Analysis of Rules in Effect in the 114th Congress, by (name redacted)
and (name redacted).
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Some committees’ rules and practices provide for distribution of the markup text to occur further
in advance than 24 hours and require amendments to be submitted thereafter but prior to the
markup. (See, for example, “7.4. Amendment in the Nature of a Substitute.”)
Rule XI, clause 1(a)(2)(A)(ii) allows a privileged, nondebatable motion in committee to dispense
with the first (full) reading of a measure on the agenda if printed copies of the measure are
available. Committees normally interpret the availability criterion to be met by distributing the
measure (or link to the measure) with the meeting notice. (See “8. Beginning a Markup” for a
discussion of notice, reading a measure, and other procedural aspects of commencing a markup.)
3.2.4. Open and Closed Meetings
Pursuant to Rule XI, clause 2(g)(1), committee and subcommittee markups must be open to the
public and media coverage. To hold an executive, or closed, markup session, a committee or
subcommittee must vote in open session, with a majority present and by recorded vote, to close a
meeting on “that all or part of the remainder of the meeting on that day.” (Emphasis added.) A
motion to close a committee meeting is not debatable.16 The rule states that a meeting may be
closed only for one of four reasons:
“disclosure of matters to be considered would endanger national security”;
“disclosure of matters to be considered…would compromise sensitive law
enforcement information”;
“disclosure of matters to be considered…would tend to defame, degrade, or
incriminate any person”; or
“disclosure of matters to be considered…otherwise would violate a law or rule of
the House.”
There are generally three nondebatable motions available to close a committee’s business: (1) a
motion to close; (2) a motion to close pending discussion; and (3) a motion to close proceedings
for a subsequent day.
There may be unanimity among committee members on the need for an executive session.
However, tactical use could be made of any of these motions to delay proceedings, to identify
differences among committee members, or for another purpose.
Rule XI, clause 2(g)(1) also lists the persons permitted at an executive session “as the committee
may authorize”: members of the committee; other Members, including the Delegates and
Resident Commissioner; congressional staff; and departmental representatives. Rule XI, clause
2(k)(7) allows proceedings conducted in an executive committee session to be released only by a
majority vote of the committee.
3.2.5. Media Coverage
Rule XI, clause 4 establishes guidelines for nonprint media coverage of committee meetings. This
clause regulates audio and visual coverage of committee meetings, and establishes procedures to
16 House Practice, ch. 11, § 20, p. 281. There are also specific rules or exceptions applicable to one or more
committees. For example, Rule XI, cl. 3(h) requires the Ethics Committee to have a committee rule closing most
meetings “unless the committee or subcommittee by an affirmative vote of a majority of its members opens the meeting
or hearing to the public….” See also Rule XI, cl. 2(g)(a), excepting the Ethics Committee from open meeting
requirements.
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be followed in the conduct of such coverage in open meetings of committees. Committees are
directed to adopt rules implementing this clause.
3.3. Opening Statements
Committee rules, but not House rules, allow and regulate opening statements—short, initial
statements made orally or submitted in writing by committee members on the business for which
a chair has called a meeting. A committee’s rules adopted at the beginning of a Congress may
restrict oral opening statements, often to those of the chair and ranking minority member of the
committee or a subcommittee. Some committees’ rules or practices also allow the relevant
subcommittee chair and ranking minority member to make oral opening statements at fullcommittee markups, and they allow a full committee’s chair and ranking minority member, who
serve ex officio on some or all subcommittees, to make oral opening statements at subcommittee
meetings. A committee rule or practice might also allow a committee member who is the sponsor
of a measure to be considered by the committee to make a statement, with time allocated as well
to a committee member of the other party.
By committee rule or practice or by unanimous consent, other committee members are allowed to
submit opening statements in writing for the record; they are not typically read aloud.
Alternatively, committee rules or practices may follow House rules and precedents and restrict
oral opening statements to five minutes. Committees that allow members other than the chair and
ranking minority member to make oral opening statements may limit opening statements to less
time, for example, three minutes.
3.4. Postpone Votes
Rule XI, clause 2(h)(4) authorizes each committee to adopt a rule to allow its chair to postpone
proceedings to take a recorded vote on an amendment or approval of a measure and to permit a
chair to resume proceedings after notice. All committees have adopted this rule. (For a discussion
of voting, including postponing votes, see “13. Voting.”)
In practice, most committees postpone votes to allow members to vote on the House floor or to
attend a House or congressional event, such as a classified briefing for House Members or a
ceremony for awarding the Congressional Gold Medal. Because floor votes are often clustered
and might therefore consume much more time than the 15 minutes that a single vote could take,
committee chairs typically announce when proceedings will resume in committee after the vote,
for example, 10 minutes following the conclusion of the last floor vote. A quorum must be
reestablished when the committee reconvenes.
A determined minority might take tactical advantage of this situation by not returning to
committee in a timely fashion, requiring additional time for a quorum to be assembled and
thereby delaying the resumption of business.
3.5. Quorum Requirements
Rule XI, clause 2(h)(3) sets the quorum for committees (except the Appropriations, Budget, and
Ways and Means Committees) to conduct business at not less than one-third of a committee’s
members, although pursuant to clause 2(h)(1) a majority of a committee must be present to report
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a measure or recommendation. A quorum must again be established when a committee
reconvenes after a recess.17
Most committees have adopted the House rule as their quorum rule for business such as markups,
although some committees require a majority to be present for committee business or for specific
business items. (In contrast, a few committees have adopted the House quorum rule for hearings
but in addition seek the presence of one or more minority members.) Committee quorum rules are
expressed most often as a proportion of a committee’s membership, but may be expressed as a
specific number.
Convening a meeting without a quorum or with more minority members present than majority
members may open procedural opportunities for frustrating a chair’s agenda. (See “8.2. Quorum
and Call to Order.”) Failing to maintain a quorum may result in a point of order and a suspension
of business. (See “11. Points of Order.”)
3.6. Recess
Rule XI, clause 1(a)(2) authorizes a chair to recess a committee subject to the chair’s call within a
24-hour period. The provision also allows a privileged motion to be made in committee (or
subcommittee) to allow it to recess day to day. The motion to recess is neither debatable nor
amendable.18 (See “12.5. To Recess” and “13.6. Postponing Votes.”)
3.7. Reporting
Rule XI, clause 2(l) allows any committee member to file supplemental, minority, additional, or
dissenting views for inclusion in a committee report accompanying legislation reported to the
House, provided that the views are to be filed “not less than two additional calendar days after the
day of such notice (excluding Saturdays, Sundays, and legal holidays except when the House is in
session on such a day).”
As indicated, a majority must be present for a committee to report. Committee reporting and
committee reports are discussed extensively at “14. Reporting a Measure” and “15. Committee
Reports,” respectively.
3.8. Subpoenas
Rule XI, clause 2(m) authorizes committees and subcommittees to issue subpoenas for the
attendance of witnesses and the production of documents, “a majority being present.” Unless
otherwise provided in their rules, a quorum of one-third is required to debate a subpoena, under
Rule XI, clause 2(h)(3). Rule XI, clause 2(m)(3) allows committees to adopt rules to delegate the
issuance of subpoenas to a committee’s chair “under such rules and under such limitations as the
committee may prescribe.”19
17 If a committee adjourns for lack of a quorum, a majority of committee members may not call for a meeting of the
committee on the same day without the consent of the chair. House Rules and Manual, § 793, p. 563.
18 House Practice, ch. 45, § 2, p. 792. Privilege is defined thus: “An attribute of a motion, measure, report, question, or
proposition that gives it priority status for consideration. That status may come from provisions of the Constitution,
standing rules, precedents, or statutory rules.” Walter Kravitz, Congressional Quarterly’s American Congressional
Dictionary, 3rd ed. (Washington, DC: CQ Press, 2001), p. 188. (Hereinafter Congressional Quarterly’s American
Congressional Dictionary.)
19 This same subparagraph allows a subcommittee of the Ethics Committee to issue a subpoena only by a vote of a
(continued...)
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The House Office of the General Counsel maintains standard forms related to subpoenas to assist
committees, although some committees, such as Oversight and Government Reform, have
extensive experience with subpoenaing government and nongovernment witnesses and
documents. If a committee meets to consider a subpoena, it meets in a markup session, and
members may offer amendments and motions, make points of order, and engage the procedures
and procedural strategy that could occur in a markup of legislation.
Many committees’ rules delegate authority to the chair to issue subpoenas, with limitations that
vary from committee to committee on a chair’s exercise of this authority. Some chairs may issue
subpoenas only if the House is in recess for more than a certain number of days. Some chairs may
issue subpoenas only after consulting or notifying the ranking minority member. In some
committees, subcommittees may issue subpoenas only with the approval of the full committee
chair. Other limitations appear in committees’ rules.
3.9. Committee Records
Rule XI, clause 2(e)(1) requires committees to keep records of all committee actions, including
“substantially verbatim” accounts of hearings and meetings, including markups, and records of all
roll-call votes. With exceptions, these records must be available for inspection by Members, staff,
and the general public in the committee offices.20 Public availability does not necessarily allow a
Member or other person reviewing a record to photocopy it or make notes.21 Clause 2(e)(4)
recommends that committee publications be made available in electronic form “to the maximum
extent feasible.”
Pursuant to Rule VII, each committee chair is responsible for transferring noncurrent records of
the committee to the clerk of the House, who is then responsible for transmitting those records to
the National Archives.22
4. Procedural Restrictions in Law on
Certain Markups
The Constitution gives the House and Senate authority to make their own rules of proceedings.23
In addition to making rules for the House by the adoption of a simple House resolution or for the
Senate by the adoption of a simple Senate resolution, the House and Senate regularly exercise
their constitutional rulemaking authority by including rules in statutes. Congress thereby might
make rules applicable in one or both chambers. The Legislative Reorganization Acts of 1946 and
1970 made numerous changes to the rules of each chamber.24
(...continued)
majority of its members.
20 Rule XI, cl. 2(e)(1)(B)(ii) exempts the Committee of Ethics and states that a majority of the committee members
must vote to make records available. In addition, Rule X, cl. 11(c) and 11(g)(3) allows the Intelligence Committee to
restrict access to classified information in its possession. Rule XI, cl. 2(k)(7), applicable to most committees, allows a
committee that has conducted a meeting in executive session to vote to make those proceedings publicly available, “a
majority being present.”
21 House Rules and Manual, § 796, pp. 566-567.
22 For a discussion of committee record keeping, see House Practice, ch. 11, § 16, pp. 276-279.
23 U.S. Const., art. I, § 5, cl. 2.
24 60 Stat. 812 (1946) and 84 Stat. 1140 (1970), respectively.
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Congress might also include rules in statutes to establish a specific set of procedures in one
chamber or both chambers for one piece of legislation or for all measures on a specific subject.
The purpose of such rules may be to expedite the consideration of certain measures in Congress,
to ensure up-or-down votes are reached on the House and Senate floors within a certain time
frame, to establish a process for Congress to make a decision in which it has been unable to do so
by normal legislative procedures, to balance the potential need for decisive executive action
against the deliberative processes of Congress, or for other reasons.
These kinds of statutory rules might be referred to colloquially as “fast-track” or “expedited”
procedures. They might apply to committee consideration of one piece of legislation or of
measures on a specific subject, determining—
whether a measure is referred to committee,
the duration of the referral, and
whether the measure may be reported with amendments.
The Trade Act of 1974, for example, provides for the introduction of an implementing bill for a
trade agreement and its referral to committee. It disallows committee amendments, and
discharges the bill from committee after 45 days if it has not been reported.25 Under the
Congressional Budget Act, as another example, if reconciliation instructions are included in an
annual budget resolution, the committees named decide how to implement the instructions and
then submit their recommendations to the House and Senate Budget Committees, “which upon
receiving all such recommendations, shall report to its House reconciliation legislation carrying
out all such recommendations without any substantive revision.”26 The Budget Committees’ only
markup authority is to assemble the work of the other committees into a measure called
reconciliation legislation and to report that legislation to their parent chamber.
House Rules and Manual contains excerpts from the Congressional Budget Act, the Budget
Enforcement Act of 1990, and the Statutory Pay-As-You-Go Act of 201027 and from statutes
containing rules pertaining to House consideration of specific legislation.28
The Ways and Means Committee (and the Senate Finance Committee) has in addition developed
its own supplementary procedures under the Trade Act to allow it to bring its expertise to bear on
draft bills implementing trade agreements. The Ways and Means Committee may hold a “mock
markup” on a draft bill prior to the President’s submitting the measure to Congress. This
procedure allows the committee to react to draft legislation and for the President to consider the
committee’s views before formally submitting a bill to Congress pursuant to the expedited
procedures in the Trade Act.29
Because rules in statutes are created pursuant to the constitutional authority of each house to
make its own rules, either chamber can change whether or how these rules of procedure are
followed. For example, the House on April 10, 2008, adopted H.Res. 1092 to make expedited
25 19 U.S.C. § 2191.
26 2 U.S.C. § 641(b).
27 House Rules and Manual, §§ 1127 and 1129, pp. 1053-1137.
28 Ibid., § 1130, pp. 1141-1321. For an introduction to expedited procedures, see CRS Report RS20234, Expedited or
“Fast-Track” Legislative Procedures, by (name redacted)
.
29 See, for example, Stephen J. Norton, “CAFTA Inches Forward in Both Chambers,” CQ Weekly, vol. 63, no. 25, June
20, 2005, p. 1656; and Charlene Carter, “House Ways and Means Committee Business Meeting: House Panel Backs
Trade Agreements,” CQ Committee Meetings, July 7, 2011, available at http://plus.cq.com/doc/committees2011070700289279?10.
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committee and floor procedures under the Trade Act of 1974 inapplicable to H.R. 5724, the
measure introduced to implement the United States-Colombia trade agreement submitted to
Congress by President Bush.30
5. Referral of Legislation in the House
When a measure is introduced, it is assigned to one or more committees for their consideration.
This action is called referral or reference.31 Under Rule XII, the Speaker is directed to refer
measures and other matters to committees, pursuant to the committees’ jurisdictional statements
contained in Rule X. In practice, the House parliamentarian refers nearly all measures in behalf of
the Speaker.
Markup procedures and strategy for a measure are affected by its referral. How many committees
received a referral, in what order the referral was made, what limitations the Speaker imposed in
the referral—these referral decisions affect a committee’s decisions on what to mark up, when to
mark up, what amendments to consider, what and when to report, and other markup issues. The
following discussion examines referral in the House, with the repercussions explored in other
parts of this manual. Implications of referral decisions for a markup are discussed specifically at
“7.5. Markup Based on Sole, Primary, Additional Initial, or Sequential Referral,” and “15.4.
Report with Parts—Measures Referred to More Than One Committee.”
5.1. House Rules on Referral
Committee jurisdiction is determined by a variety of factors. Paramount is Rule X, which lists
subject matter within the jurisdiction of each standing committee.32 Rule X, however, largely uses
broad, general terms and is the product of an era in which governmental activity was less
extensive and the relationships among policies were less intertwined than now. Most of the text of
Rule X was drawn from precedents from the 19th century and first half of the 20th century; it was
codified in the Legislative Reorganization Act of 1946.33 Although the rule underwent modest
revisions in 1974 and 1980, as well as more extensive changes in 1995 and 2005, topic omissions,
unclear or arguable jurisdictional boundaries, shared jurisdiction over programs or agencies, and
overlaps in jurisdiction exist.34 Accordingly, the formal provisions of the rule are supplemented
by an intricate series of precedents and informal agreements governing the referral of legislation.
30 “Relating to the Consideration of H.R. 5724, United States-Colombia Trade Promotion Agreement Implementation
Act,” Congressional Record, daily edition, vol. 154, part 4 (April 10, 2008), pp. 5640-5654. As another example, see
the temporary suspension of a provision of the War Powers Resolution in H.Res. 242 (115th Cong.): “Sec. 4. Each day
during the period addressed by section 2 of this resolution shall not constitute a calendar day for purposes of section 7
of the War Powers Resolution (50 U.S.C. 1546).”
31 Congressional Quarterly’s American Congressional Dictionary, p. 210.
32 The jurisdictional statements of the standing committees appear in Rule X, cl. 1. The jurisdiction of the Permanent
Select Committee on Intelligence appears in Rule X, cl. 11(b). While a jurisdictional statement for the Committee on
Ethics appears in Rule X, cl. 1, additional authority appears in Rule XI, cl. 3(a). The House might also create a select
committee and vest it with specific legislative jurisdiction, exclusive or not exclusive of standing committees. See CRS
Report R40233, House Ad Hoc Select Committees with Legislative Authority: An Analysis, by (name redacted)
.
33 60 Stat. 812 (1946).
34 Walter Oleszek et al., Congressional Procedures and the Policy Process, 10th ed. (Thousand Oaks, CA: CQ Press,
2016), pp. 106-116. (Hereinafter Congressional Procedures and the Policy Process.) More detail appears in Walter
Oleszek, Congressional Procedures and the Policy Process, 7th ed. (Washington, DC: CQ Press, 2007), pp. 81-89.
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A distinction needs to be made between legislative jurisdiction and oversight jurisdiction. The
former denotes the authority to report measures to the House; the latter, to review or investigate.
Oversight jurisdiction may be the product of a specific legislative enactment; it also accrues from
committees’ responsibilities over broad topical areas. Hence, there are frequent overlaps in
oversight jurisdiction. Legislative jurisdiction, however, occasions the majority of open conflicts
between committees.35
Based on precedent, if a measure is referred to a committee, like measures in the future will also
be referred to that committee. If the measure is enacted into law, amendments to that law are
presumed to be within the same committee’s jurisdiction. In contrast, legislation that is more
comprehensive than the law it amends, or supersedes, is generally within the jurisdiction of the
committee reporting the more comprehensive measure. These precedents result in an accretion of
subject-matter responsibility within a committee’s jurisdiction.36
Informal agreements, drafted among committees to stipulate their understanding of jurisdictional
boundaries, have been used in recent years. House parliamentarians, in advising the Speaker, have
generally considered themselves bound by such agreements when they are supported by all the
committees concerned and when the House, usually by unanimous consent, has given its assent to
such agreements.37 (See “5.4. Protecting a Committee’s Jurisdiction.”)
In the event of an erroneous referral, a measure may be referred to the appropriate committee,
pursuant to Rule XII, clause 7(a). However, erroneous referrals are most commonly corrected
today by unanimous consent, with a colloquy occurring on the House floor between the chairs of
the affected committees. An erroneous referral of a public bill or resolution that remains
uncorrected confers jurisdiction; erroneous referral of a private bill, left uncorrected, does not
confer jurisdiction.38
5.2. Speaker’s Authority
The Speaker is vested with authority to refer legislation to committees. Pursuant to Rule XII, the
Speaker must refer legislation and other matters, based on the subject listings in Rule X, clause 1.
He or she must refer “in such manner as to ensure to the maximum extent feasible that each
committee that has jurisdiction under clause 1 of rule X over the subject matter of a provision
thereof may consider such provision and report to the House thereon.”39
35 For a discussion of the introduction and referral of legislation, see House Practice, ch. 6, §§ 6-8, pp. 170-173, and ch.
11, §§ 8-11, pp. 250-260. In addition, House rules proscribe the introduction and referral or consideration of legislation
on certain topics: private bills or resolutions for payment for property damage, personal injury, or death for which a suit
is allowed under the Federal Tort Claims Act; for a pension, except in very limited circumstances; for construction of a
bridge over a navigable stream; or for correction of a military or naval record. Rule XII, cl. 4. A private bill “may be
generally defined as a bill for the benefit or relief of one or several specified persons or entities.” House Practice, ch. 6,
§ 14, p. 177. Commemorative bills and resolutions are also barred. Rule XII, cl. 5.
36 A measure might amend an existing statute or be freestanding, that is, not amending an existing statute. A committee
seeking to expand its jurisdiction often drafts legislation to amend laws within its jurisdiction. See, for example, the
instances presented in Congressional Procedures and the Policy Process, pp. 109-110. Additional drafting strategies
are discussed below in “5.3. Drafting Strategy and the Referral of Legislation.”
37 House Practice, ch. 11, § 8, p. 251. The House itself may also refer a measure, regardless of committee jurisdiction.
House Rules and Manual, §714, p. 442; and House Practice, ch. 6, § 7, p. 172, and ch. 11, § 8, p. 250.
38 House Rules and Manual, § 714, p. 443.
39 Rule XII, cl. 2(b). See also Jefferson’s Manual, § XXXIII in House Rules and Manual, § 446, p. 235. Additional
provisions apply to the referral of private measures (Rule XII, cl. 2(d); cl. 3; and cl. 6), petitions and memorials (Rule
XII, cl. 3 and cl. 6), and executive communications (Rule XII, cl. 8). See also Rule X, cl. 1 in House Rules and Manual,
(continued...)
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The House first authorized the Speaker to refer measures to more than one committee in the
Committee Reform Amendments of 1974.40 The Speaker was given three new choices. First, the
Speaker could refer a measure to more than one committee—a joint referral—which essentially
gave all committees receiving a referral an equal voice in moving or stopping legislation. Second,
different parts of a measure could be sent to different committees—a split referral. Third, a
measure could be referred to one committee and then to another committee or other committees—
a sequential referral. As initially drafted, the Committee Reform Amendments also proposed
extensive changes to committees’ jurisdiction, the purpose of which was to reduce overlapping
jurisdictions. Those changes were deleted from the Committee Reform Amendments as passed.
These so-called multiple referrals were used frequently in the 20 years after they were authorized,
oftentimes to acknowledge overlapping jurisdictional issues and oftentimes to avoid choosing
among committees’ jurisdictional claims. Two consequences of multiple referrals in the absence
of jurisdictional reform were the further broadening of jurisdictions and the further fragmenting
of responsibility over policies and programs.41
In 1995, the House adopted rules changes that amended the Speaker’s authority to multiply refer
measures, with the change expected to better hold committees more accountable for action on
legislation. Under the change, the Speaker could no longer refer measures jointly; instead, he was
authorized to designate a committee of primary jurisdiction when referring a measure to more
than one committee, with the other committees receiving in the words of one congressional
scholar an “additional initial referral” to the committee of primary jurisdiction.42 Although
narrowly drafted measures that may be referred to just one committee are the most common,
referral of legislation to two or more committees, with one committee designated as primary, is
commonplace. Split and sequential referrals were still allowed. The Speaker could impose time
limitations on any committee receiving a referral.43
In 2003, with the rules changes adopted in the 108th Congress, the Speaker was authorized to refer
measures to more than one committee without designation of a primary committee under
“exceptional circumstances.”44 The purpose of the change was to give the Speaker flexibility not
to choose a primary committee, although the Speaker has rarely exercised this authority.
5.3. Drafting Strategy and the Referral of Legislation
Members may use the ambiguities in jurisdictional statements to influence the referral of
legislation by carefully drafting measures and previewing drafts with the parliamentarians. If a
parliamentarian indicates a draft will go to one committee or to a committee designated as
primary and that referral suits the Member, the Member might introduce the measure as drafted.
If a parliamentarian indicates a referral that the Member dislikes, the Member can use the
information to try to redraft the measure to change the jurisdictional subject matter to trigger
(...continued)
§ 714, pp. 441-444.
40 Sec. 101 of H.Res. 988, agreed to in the House October 8, 1974.
41 Congressional Procedures and the Policy Process, pp. 112-116.
42 Ibid., pp. 113-114.
43 Rule XII, cl. 2(c). This clause also authorizes the Speaker to refer a measure to a select committee, the creation of
which was approved by the House, and to “make such other provision [regarding referral] as may be considered
appropriate.” Clauses 2(c)(4) and 2(c)(6), respectively.
44 Rule XII, cl. 2(c)(1).
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another committee’s jurisdiction or to change the emphasis of the jurisdictional subject matter so
that another committee is designated as primary.
A sponsor of legislation often considers how to draft a measure so that it will be referred to a
committee favorably disposed to the measure and therefore likely to act, especially if it is a
committee on which the sponsor serves. If, however, a sponsor is introducing legislation at the
behest of a group or an individual and is not favorably disposed to the support the measure, the
Member might draft it so that it will be referred to a committee presumed to be less sympathetic
to the measure, possibly dooming its fate by its mere referral to an unfriendly committee. A
member might choose to address aspects of an issue within the jurisdiction of just one or two
committees to increase the chances of action. Another alternative that a sponsor might choose is
to draft a measure so that it is extensive in scope or ambiguous, resulting in the measure’s referral
to numerous committees with little expectation that all the committees would take action.
Members frequently choose to introduce measures that amend laws within the jurisdiction of
committees on which they serve in order to increase their opportunities to promote committee
action. For example, a Member interested in introducing a health-related measure might choose to
draft a bill amending the Employee Retirement Income Security Act if he or she serves on the
Education and Labor Committee, the Public Health Service Act if he or she serves on the Energy
and Commerce Committee, or Medicare Part A if he or she serves on the Ways and Means
Committee. Other committees have jurisdiction over health care for specific populations, such as
the Armed Services Committee for members of the Armed Forces and Veterans’ Affairs for
veterans. Similarly, all revenue measures are referred to the Ways and Means Committee. So, a
Member might propose a fee rather than a tax in a measure he or she introduces so that another
committee’s jurisdiction might be relevant.
Other factors that could influence referral may be considered in drafting, although these factors
are neither formal nor acknowledged in rules or precedents:
First, the committee assignment and generally acknowledged issue expertise of a measure’s
sponsor could influence the appropriate referral of a measure. Sponsorship by a committee or
subcommittee chair or ranking minority member could increase the relevance of this factor.
Second, the timing of a measure’s introduction might affect committee referral. For example, if a
Member introduces legislation following hearings on, or press coverage of, a subject in which the
Member was very involved, the Member presumably wishes to have the measure referred to a
committee on which the Member serves in order to legislate on what has recently been studied.
Third, even if a committee did not initially consider a measure, representation from its
membership on a House-Senate conference on the measure could be used to argue that the
committee has a claim to the measure’s subject matter.
Fourth, jurisdiction over specific authorizing legislation can be influenced or, arguably,
determined by which Appropriations Committee subcommittee has considered appropriations
requests for a program or activity. For example, although House rules generally forbid legislating
in a general appropriations bill or appropriating for unauthorized activities, the Appropriations
Committee regularly establishes legislative policy in annual, supplemental, or continuing
appropriations measures. When an authorization bill is subsequently introduced, referral to a
legislative committee could be made after considering which Appropriations subcommittee had
handled the program or activity. Similarly, reconciliation instructions in a budget resolution
naming a committee could subsequently influence the referral of legislation to legislative
committees.
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5.4. Protecting a Committee’s Jurisdiction
Committees are generally very protective of their jurisdictional prerogatives. They monitor the
introduction of legislation to protect their jurisdiction by ensuring appropriate referrals. If a panel
believes that it should have received a referral of a measure, it can seek unanimous consent to
have a measure re-referred. On occasion, but rarely in recent years, jurisdictional unanimous
consent requests have been promoted by the Speaker after receipt of a letter from an aggrieved
committee claiming an erroneous reference of a measure. A committee chair could also draft a
letter to the Speaker requesting a re-referral or sequential referral.
Similarly, committees monitor measures reported from other committees to determine whether a
sequential referral should be sought, especially if another committee adopted provisions
presumably outside its jurisdiction and within the jurisdiction of the committee monitoring
reported measures. In either case, the Speaker is authorized to sequentially refer a measure in its
entirety or for “such provisions as fall within the jurisdiction” of other committees and to impose
a time limit on such a referral.
The House has historically recognized the importance of cross-committee agreements pertaining
to shared or overlapping jurisdictional subjects. Most recently, these agreements delineating the
jurisdictional boundaries of panels have taken the form of written, publicly available memoranda
endorsed by the chairs of affected committees. They might deal with a single piece of legislation
or with all legislation involving a specified subject matter. These memoranda of understanding
(MOUs) serve to guide the House parliamentarian in making referrals of legislation on the
Speaker’s behalf. Typically, such MOUs are printed in the Congressional Record. 45 The
parliamentarian’s notes in House Rules and Manual include, among historical and precedent
explanations, formal reference to these memoranda, acknowledging their binding character.46
If an MOU cannot be negotiated, committees often engage in scripted colloquies on the House
floor to highlight each committee’s view about its respective jurisdictional boundaries. However,
these discussions are generally perceived to have somewhat less weight in making referrals than
would formal memoranda.
Alternatively, a committee may arguably authorize its chair to offer a motion to re-refer a
measure. The Speaker inquires if the chair is acting on the direction of his or her committee, and,
if so, will put the question on the motion to the House without debate. This motion has not been
used, however, since the 82nd Congress (1951-1953).47
Sometimes committees have agreed to relinquish their rights to a formal referral (or to
consideration following a referral) on a complex issue in order to facilitate House floor action on
a measure. Committees typically do so, either in a floor statement or in a letter to the Speaker,
with the explicit understanding that failure to demand a referral or agreement to be discharged
does not affect the formal jurisdiction of the panel and its future right to referral on that or related
45 See, for example, Rep. Louise M. Slaughter, remarks in the House, “Memorandum of Understanding between the
Committee on Transportation and Infrastructure and the Committee on Homeland Security” (concerning the Federal
Emergency Management Agency), in “Rules of the House,” Congressional Record, vol. 153, part 1 (January 4, 2007),
p. 16.
46 House Rules and Manual, § 722, p. 461.
47 Lewis Deschler, Deschler’s Precedents of the United States House of Representatives, vol. 4, 94th Cong., 2nd sess.,
H.Doc. 94-661, ch. 17, § 28.4 (Washington, DC: GPO, 1977), pp. 514-516. Available online from GPO at
https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=Precedents+of+the+U.S.+Ho
use+of+Representatives&isCollapsed=false&leafLevelBrowse=false&ycord=0; and House Practice, ch. 6, § 7, pp.
172-173.
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subjects. On occasion, such voluntary action has also been coupled with a demand for
representation at the conference stage.48
6. Considerations Prior to a Markup
The importance of committee markups is perhaps indicated by the commitment that committee
members make to attending. Chairs fully exercise their committee leadership role in planning for
a markup, and they preside at it. If a chair delegates chairing to another majority-party member, it
is likely to be for only a brief period. Committee members are largely present throughout a
markup. If they must be absent during a markup, they are able to return quickly when notified
that their presence is needed.49 Although all Members’ opportunities to offer amendments on the
House floor are normally circumscribed, the amendment process in committee is typically bound
only by House and committee rules and precedents and unanimous consent agreements among
committee members. This opportunity to participate fully and in detail in the legislative process is
a key inducement to members to fully engage in a markup. In addition, the conduct of a markup is
relatively formal, and chairs and members adhere to and employ House and committee rules and
precedents.50
A markup culminates what is often a long period of preparation. That preparation may begin prior
to convening the first hearing on a public policy issue or the introduction of the legislation on that
issue. A chair, majority-party committee members, and majority staff often plan legislative
strategy around the congressional calendar. They look to the end of a Congress, or a session of
Congress, and plot a legislative strategy for the intervening months. This kind of planning can—
clearly indicate the legislative goal;
empower a chair in leading his or her committee and working with party leaders
by having a clear goal on which to focus attention;
identify different routes to that goal and anticipate potential political or
procedural roadblocks;
encompass possible actions in the Senate;
save time by having a larger strategy that can be adjusted, rather than having to
work out strategy for the next stage as the previous stage is completed; and
take advantage of momentum that one stage of the legislative process builds for
the next stage.
48 See, for example, letters exchanged between various committee chairs and the chair of the Homeland Security
Committee concerning the referral of the H.R. 2825, Department of Homeland Security Authorization Act. These
letters were printed in the Congressional Record: Rep. Michael McCaul, “Department of Homeland Security
Authorization Act,” House debate, Congressional Record, daily edition, vol. 163 (July 20, 2017), pp. H6110-H6111.
49 Members sometimes work in committee anterooms, where they can monitor committee proceedings while doing
other work. Many committee meetings are live streamed and appear on House and C-SPAN channels, allowing another
means for Members and their staff to stay abreast. Committee staff also monitor events in other committees to notify
committee members serving on committees with concurrent meetings to return to a meeting when needed.
50 In contrast, at committee hearings, chairs may delegate chairing to a vice chair or another majority-party member,
and few committee members tend to be present at any one time. Although House or committee rules and precedents
apply at a hearing, few are likely to be invoked. A reason for these differences between hearings and markups may be
that hearings are designed to some degree to generate public and congressional attention for a public policy issue—
perhaps even relying on celebrity witnesses to draw media and public attention—whereas markups are designed to draft
solutions for the issue.
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Explanation of the staff role appears below at “18. Role of Committee and Personal Staff” and in
Appendix B, House Committee Markups: Administrative Preparation.
Chairs normally plan markups when the House will be in session to facilitate members’
attendance. Members are almost certain to be in Washington, DC, when the House is meeting,
unless they are ill or attending to a family emergency.51 Knowing committee members are
available when conducting a markup, a chair is able to quickly assemble all majority-party
members for recorded votes and, presumably, outvote the minority on amendments and
procedural motions.
The following are some of the key considerations for committees as they plan markups.
6.1. Timing
In consultation with their party’s leaders and committee members, chairs determine when to
convene a markup and what to put on the agenda. A chair may decide when and what based on a
number of factors, but this decision is foremost a political decision about winning support for a
legislative change of public policy. As a Brookings Institution scholar noted, timing is critical in
politics:
Timing is to politics what location is to real estate. Good policy ideas are useless if the
time is not right. In a democracy, leaders must focus—and be seen to focus—on
problems the public cares about the most. If the political agenda is not aligned with the
public agenda, the likely result is frustration and anger. Conversely, if leaders work hard
on the public’s problems, the public response is likely to be favorable, even if the results
are not immediate.52
If a chair has the option of contemplating the advantageous timing of a markup, he or she might
consider a variety of factors:
momentum behind an issue—events driving public interest, the completion of
hearings that generated publicity for the issue, media coverage of the issue
(public and media interest is discussed below), or other bases for momentum;
pending state primaries and caucuses where committee members are seeking
renomination, general election politics, and presidential election-year politics;
enthusiasm for the issue and legislation to address it among majority-party
committee members, leaders, and caucus or conference;
possibility of some minority-party committee members’ support;
the Administration’s priority for the issue and its efforts to generate public and
congressional support;
majority-party leadership’s assignment of priority to the issue, instructions
conveyed to the committee chair, and plans for scheduling floor time for
legislation to address the issue (discussed below);
51 In these instances, a party leader normally notifies the House in behalf of the Member, and a “leave of absence” is
granted by unanimous consent on the House floor.
52 William A. Galston, “Obama Has a Problem Prioritizing His Agenda,” December 8, 2009, available at
https://newrepublic.com/article/71760/matter-priorities. See also William A. Galston, “Trump’s Supporters Are
Worried About His Priorities, and Tired of His Tweets,” FixGov blog, The Brookings Institution, August 9, 2017,
available at https://www.brookings.edu/blog/fixgov/2017/08/09/trumps-supporters-worried-about-his-priorities-tiredof-tweets.
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markup plans in other committees with jurisdiction over the issue and potential
legislative vehicles (discussed at “7.5. Markup Based on Sole, Primary,
Additional Initial, or Sequential Referral”);
action taken or anticipated by a Senate committee or the Senate; and
impending long recess or end of a congressional session, which can add pressure
to act.
Any of these factors might contribute to favorable political timing for winning support for a
legislative change of public policy. A chair can harness this momentum, enthusiasm, commitment,
pressure, and support to create a winning strategy in committee and to generate momentum and
enthusiasm in anticipation of House floor action.
6.2. Party Leadership Planning
Although the most senior majority-party leaders rarely serve on committees, they are intimately
involved in working with each committee’s chair to determine a panel’s agenda and the proposed
floor schedule for considering legislation favored by the chamber’s and committee’s
leaderships.53
The majority-party leadership must coordinate the substantive work products and schedules of
committees to plan the floor schedule for an entire Congress and for its two sessions. It must
determine what legislation to consider during the first session and what to defer to the second
session. It must also factor in presidential initiatives, those announced separately and as part of
events such as inaugural and State of the Union addresses. The potential for a tumultuous election
cycle, whether in a presidential year or a midterm year, factors into decisions on important
legislation. Events such as hurricanes and snowstorms or the death of a former President can lead
to the unexpected cancellation of House and committee meetings. District work periods also
affect committee scheduling and subsequent floor time, and the duration of the House’s weekly
sessions and the number of votes that occur during a week can affect the scheduling and pace of
committee action.
Majority-party leaders might want to move the highest-priority legislation in the first session, and
might, for example, ask committee chairs with jurisdiction over that legislation to hold hearings
early in the first session, to mark up after the August break, and be prepared for floor
consideration in the fall. The second session can then carry a lighter legislative load and provide
time to complete bicameral negotiations with the Senate over pending legislation. Conversely, the
party leadership might prefer an agenda of popular, targeted bills and resolutions in the first
session, with major legislation defining party differences receiving floor action in the second
session, closer to election day. In any year, leaders must anticipate work on unfinished
appropriations legislation in September and at other times after the start of the new fiscal year.54
53 Both parties’ leaders might or might not have committee assignments. Some leaders give up previous assignments to
serve in their leadership posts, others take a leave of absence and continue to accrue seniority, and others continue their
committee service. In some instances, leaders serve ex officio on committees, as the Speaker and minority leader do on
the Intelligence Committee (Rule X, clause 11(a)(2)). Leaders might also be appointed to committees, as the majority
and minority leaders and other leaders were appointed to the temporary Select Committee on Homeland Security in
2002.
54 Leaders might also consider the timing of authorization legislation vis-à-vis appropriations legislation. For example,
Congress each year attempts to coordinate its consideration of the defense authorization bill with its consideration of
the defense appropriations bill so that decisions on authorizations can inform decisions to be made on appropriations.
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Majority-party House leaders also work with committee leaders to coordinate work with the
Senate, especially when the Senate is controlled by the same party. The decision of whether the
House or Senate will act first on a specific legislative initiative—a decision made by party
leaders—affects House committee schedules. The decision could require one or more committees
in each chamber to work simultaneously, for one chamber to finish its work on the legislation
before committee or committees of jurisdiction in the second chamber complete hearings or begin
markup, or impose another arrangement. Sometimes simultaneous work in the two chambers’
committees is promoted as a sign of momentum behind a legislative initiative, such as when
committees in each chamber mark up simultaneously. At other times, simultaneous work is
thought to be a distraction or as confusing public and media attention, such as when committee
hearings are occurring in one chamber while committee markup is occurring in the other
chamber.
6.3. Public and Media Attention
Chairs use hearings and markups to publicize issues and legislation and to attempt to generate
public interest. Many committee meetings are now available for viewing in full on the internet or
on C-SPAN, in addition to excerpts shown on news programs or reports appearing in all forms of
media. Chairs and other committee members also speak before groups in Washington, DC, and
around the country to generate interest and support by opinion leaders, stakeholders, and the
public. Members speak on the House floor in legislative and nonlegislative debate to reach both
the public and media who view the House in session. Reporters accredited by the congressional
press galleries circulate throughout the Capitol and congressional office buildings; the press
galleries in the Capitol and the ubiquitous presence of reporters provide committees and members
with ready access to a vast number of news outlets. Committees and individual members employ
media assistants to ensure a flow of information to the media and to develop and deploy a social
media strategy.55 Chairs and other members speak to individual reporters and boards of editors
and conduct press conferences. If a chair is successful, public and media interest contributes
momentum to legislation in markup and to its consideration by the House.
In contrast, local, national, or international events or public or media interest might precede
committee interest, and public and media interest can reinforce each other. These events or
interest might force an issue onto a committee’s agenda and shape the way in which the
committee responds. The 2007 Washington Post series on the experiences of the Armed Forces
wounded members and their families at Walter Reed Army Medical Center transformed
congressional interest in wounded veterans, spurred committees of jurisdiction to action, and
arguably continue to still resonate in Members’ perspectives on veterans’ medical needs. Many
years of public and media interest in missing, abducted, abused, and murdered children has
continued to generate committee action resulting in new laws and appropriations to combat
crimes against children. A presidential demand for action can prompt committee action, such as
House committees’ 2017 reporting of legislation in support of President Trump’s initiatives on
health care, regulatory changes, and taxes.
55 See CRS Report R44509, Social Media in Congress: The Impact of Electronic Media on Member Communications,
by (name redacted) and (name redacted)
; and CRS In Focus IF10299, Linking with Constituents: Presentation of
Social Media on Member of Congress Websites, by (name redacted) and (name redacted)
.
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6.4. Should Subcommittee Markup Precede Committee Markup?
Committees differ in their rules and practice regarding the role of subcommittees, as explained
above. (See “3.1. Subcommittees.”) When legislation is referred to a committee, some
committees’ rules require their chairs to refer it to a subcommittee, in some instances within a
certain period of time and in some instances after consultation with the ranking minority member
or subcommittee chairs. Some committee’s rules disallow a referral until after a certain period of
time has elapsed. Other committees’ rules leave the decision to refer to legislation to
subcommittee to the chair’s discretion or provide a role for the full committee’s decision. Some
committees’ rules specifically allow a chair to refer legislation to more than one subcommittee, to
designate a primary subcommittee, and to set time limits on subcommittee consideration.56
In addition, there are motions to refer, commit, and recommit that might be made during
committee markup, the effect of which if approved is to send the measure being marked up to
subcommittee. These motions are explored at “12.2. To Commit or Recommit to a
Subcommittee.”
If a measure has been referred to subcommittee, many committees’ rules provide a mechanism to
discharge subcommittees from further consideration of a measure. Some rules allow a chair to
discharge a measure from subcommittee, whereas others place that power in the committee or in
the chair acting after authorization by the committee. Other committees’ rules allow a chair to
discharge a measure from a subcommittee after a certain period of time or, as mentioned, by
setting a time limit on a subcommittee’s consideration. A motion to discharge is also available, as
discussed below at “12.3. To Discharge a Subcommittee.”
When planning a markup, a committee chair must decide whether subcommittee markup will
precede committee markup. Some committees’ rules allow subcommittees to act only after
consultation with the chair; some committees’ rules allow subcommittees to act only with the
permission of the chair. The chair might weigh a number of factors in deciding whether to have a
subcommittee mark up a measure, including the following:
Alignment of subcommittee on the public policy issue compared with full
committee. If the alignment is favorable, the chair might choose to have the
subcommittee mark up first and generate momentum for the legislation
addressing the issue. If the alignment is unfavorable, for example, if some
majority-party members oppose key aspects of the committee chair’s favored
legislation, the chair might forgo subcommittee markup rather than suffer
potential defeat on key votes.57
Subcommittee chair and members. A committee chair might be influenced by the
makeup of a subcommittee in his or her decision to hold a markup in a
subcommittee. If the subcommittee chair or members are strongly identified with
the public policy issue or legislative solution, that factor might favor
subcommittee markup. If the subcommittee chair or members are forceful
advocates or adept in their use of procedure, that factor might favor
56 Committees’ requirements for their subcommittees are examined in CRS Report R41605, House Standing
Committees’ Rules on Legislative Activities: Analysis of Rules in Effect in the 114th Congress, by (name redacted)
and (name redacted).
57 See, for example, the discussion of the policy views on a subcommittee in Avery Palmer, “House Democrats Mum
on Energy Bill Details, but Markup Could Come Soon,” CQ Today, vol. 45, no. 74, May 12, 2009, p. 3; and Avery
Palmer, “Waxman Reaches Deal on Emissions,” CQ Today, vol. 45, no. 75, May 13, 2009, pp. 1, 30.
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subcommittee markup. If the full committee chair anticipates a need to play a
mediating role between members of the majority party or with minority party
members in the subsequent course of committee consideration of the legislation,
that factor might favor having a subcommittee mark up legislation before the full
committee does.
A test of sentiment. A committee chair might have questions about political
support for a legislative solution to the public policy issue and want to test
sentiment in the narrow setting of a subcommittee before taking up legislation in
the full committee. In subcommittee, the chair could learn how the legislative
solution is viewed, what support and opposition exists among each party’s
members, the basis for that support and opposition, what arguments are made in
debate, and what amendments are offered.
Test votes. Similar to a test of sentiment, a committee chair might want to have
test votes taken in the narrow setting of a subcommittee before taking up
legislation in the full committee. The chair could plan majority-party
amendments with the subcommittee chair or other majority-party members of the
subcommittee, including amendments that test support for provisions that the
chair might want to include in a measure to be marked up at the full committee
and amendments that are anticipated to have bipartisan appeal. The chair could
also learn what support there is for minority-party amendments.
Committee review of subcommittee decisions. Although a chair might be
inclined to have subcommittee markup precede committee markup for one or
more of these reasons, he or she also considers support for the legislation at the
committee level. If the chair anticipates that the subcommittee might adopt
amendments inimical to majority-party policy goals, he or she might forgo
subcommittee markup or, if the chair is confident of having the votes at the
committee level to reverse the subcommittee’s decisions, he or she might still
proceed with a subcommittee markup.
Markup procedures described throughout this manual are the same whether a markup is
conducted by a committee or a subcommittee. However, when a subcommittee completes a
markup, it does not report its recommendations to the House but to its parent committee. Practice
differs among committees on what mechanism a subcommittee uses to report its
recommendations to its parent committee. Some committees require their subcommittees to
provide legislative language and a document explaining subcommittee action, including recorded
votes and possibly minority or other views. (See “14.4.3. Minority and Other Views.”) Other
committees require only a letter or email notification to the full committee chair that the
subcommittee has finished its work. Some post-subcommittee actions might be dictated by the
exigencies of the issue or a chair’s plans for full committee markup. For example, a member, such
as the subcommittee chair, might be asked to introduce the subcommittee’s legislation as reported
as a new bill or resolution. (See “14.3. Subcommittee Reporting,” and Appendix O, Sample
Script for Subcommittee Reporting.)
6.5. Legislative Vehicle
What to mark up is a key consideration in planning a markup. The options available to a
committee are discussed extensively below at “7. Procedural Strategy and the Choice of a
Markup Vehicle.”
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6.6. Chair Responsibilities: Markup and Floor
A decision to mark up legislation is concurrently a committee chair’s commitment of a substantial
amount of the chair’s time to see that legislation through to enactment. The time the chair gives to
this legislation is time he or she is forgoing in working for the enactment of other legislation or
the possible conduct of oversight or investigations. The chair is committing to
communicating substantively with his or her party’s committee members,
leadership, and, possibly, other Members on scheduling the markup and selecting
the markup vehicle;
communicating substantively with the ranking minority member on all aspects of
the markup;
planning the administrative details of the markup (see Appendix B);
conducting the markup, which may take more than one day;
seeking to win at least some minority-party support;
writing the committee report;
dealing with, mediating between, or advocating to White House officials, other
executive branch officials, lobbyists, and others;
working with the majority-party leadership on scheduling and the elements of
floor consideration;
planning a procedural strategy and testifying before the Rules Committee when
the legislation is to be considered pursuant to a special rule;
planning a legislative strategy and building support for the legislation;
managing the legislation for the majority on the House floor;
interacting with the Senate to encourage its action, and strategizing over which
committee or chamber should act first (see “17. Considerations in a Two-House
Strategy”); and
working to reconcile differences between House- and Senate-passed legislation
through amendments between the houses or conference.
Pursuant to House and committee rules and precedents, committee chairs have authority to
schedule markups, select markup vehicles, and conduct markups. Committee chairs exercise this
authority within limits imposed by their knowledge that their decisions can be overridden if those
decisions thwart the will of a committee’s majority-party members, and that chairs’ service
depends on retaining the support of their party’s leadership and caucus or conference. Chairs,
therefore, exercise their leadership and authority not only through decisionmaking but also by
communicating regularly and substantively with their party’s committee members, leadership,
and other Members. A chair communicates with others before scheduling a specific markup and
selecting a specific markup vehicle. (See “7. Procedural Strategy and the Choice of a
Markup Vehicle.”)
In chairing a markup, a chair not only makes decisions as discussed below but also often serves as
the chief advocate for his or her party’s position in debate on the markup vehicle and
amendments. The customary role of the presiding officer in the House is to preside, neither
offering amendments nor participating in debate. A committee chair, however, typically
participates in debate and offers amendments. He or she regularly serves as the primary
spokesman for or against amendments that are offered in a markup. (See also the assignment of
roles to committee members at “6.6.1.1. Pre-Meeting Party Caucuses.”)
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The presiding officer of the House votes on amendments, motions and other matters, and final
passage, and votes are taken electronically. In committees, chairs vote on amendments, motions
and other matters, and reporting measures to the House, but votes in committees are taken by oral
roll call. A committee chair may, therefore, make a tactical choice, either for all markups or on
individual votes, of whether to vote first or last on recorded (roll-call) votes. (See the explanation
of this choice at “13.1. Forms of Voting.”)
In the immediately following four subsections of Considerations prior to a Markup, the role of a
chair in scheduling and conducting markups and in House scheduling and consideration of
legislation is highlighted: what the chair is committing his or her time to in marking up and
seeking the subsequent enactment of a specific measure. Specific procedural actions that a chair
might take or act on are introduced here, but they are examined in detail in the succeeding
sections of the manual. These subsections contain cross references to the appropriate sections.
6.6.1. Scheduling Meetings and Setting an Agenda
Pursuant to Rule XI, clause 2(b), each committee establishes a regular meeting day, which must
be not less frequent than monthly. The rule also allows committees to provide in their rules a
method not to meet on a regular meeting day, and most committees authorize a chair to dispense
with any meeting, including a regular meeting. Rule XI, clause 2(c)(1) authorizes chairs to call
and convene additional or special meetings as a chair deems necessary. Most committees’ rules
grant this authority to the chair; some committees’ rules require the chair to consult the ranking
minority member in scheduling or cancelling a meeting. Most business in committees is
conducted on days other than a regular meeting day, and, pursuant to authority included in clause
2(c)(1), committees’ rules detail notice requirements for meetings. (See “3.2. Meetings,” and
“8.1. Notice.”)
Rule XI, clause 2(b) is silent on the matter of who decides what business a committee conducts
on its regular meeting day. Clause 2(c)(1), concerning additional and special meetings, strongly
suggests that the decision is in the hands of the chair: a chair’s authority to set an agenda is
apparently derived from the chair’s authority to call meetings. Clause 2(c)(1) also allows
committees to adopt rules related to additional and special meetings, and many committees have a
rule delegating meeting agendas to their chair.
Rule XI, clause 2(c)(2) provides a mechanism for a committee’s members to call a meeting and
determine its business. This allowance may be employed as a tactic of the minority, or of
members having a minority policy viewpoint, in seeking action on an issue or measure. Even
unsuccessful action in accord with this rule may prove suasive in obtaining an assurance from a
chair to schedule the desired business at a future date. (See “3.2.2. Members’ Initiative to Hold a
Markup.”)
In planning a markup, a chair considers the potential duration of debate and the amendment
process, considering whether the markup can be completed in a part of one meeting or in one or
more meetings. The chair considers the degree of agreement or disagreement between the
majority and minority. An expectation of a short or single meeting based on a good degree of
agreement might allow the chair to schedule a Thursday markup, anticipating that the committee
will be able to meet with fewer competing committee markups and hearings and to finish its
markup well before potential House floor votes conclude and members start leaving Washington
for their districts. A chair might also expect a short or single meeting in the absence of agreement
if the chair anticipates moving the previous question to bring the meeting to an early conclusion.
An expectation that a markup might last late into the night or require more than one meeting
might lead the chair to schedule a Tuesday or Wednesday markup.
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For more contentious markups, a chair must also be concerned with the availability of the
committee’s majority-party members. Majority members serve on numerous committees, chair
subcommittees of other committees, manage legislation on the House floor for other committees,
and have duties to perform for the party leadership. If there are few other committees meeting or
if other committees’ meetings concern noncontentious matters, a chair might be confident that
committee members will be available for the duration of a markup. Too few majority members
present at a markup places a heavy load for debate on majority members who are present. The
absence of majority members from a markup also leaves a vacuum that minority members could
fill by offering amendments, and invites demands for votes, motions, and other actions by the
minority that can disrupt the chair’s plans for the markup.
In its procedural strategy related to debate and amendments in a markup, the minority might
consider whether to cooperate with the chair’s time frame. In that case, it might offer few
amendments and keep debate short; could offer a number of amendments but keep debate to a
minimum; or could choose to focus on just a few amendments but debate each one at length.
Where the minority strongly dissents from the policy issue or the majority’s legislative solution, it
could still agree to a relatively short committee meeting, saving its debate and amendments for
future House floor action. Or, the minority could use a strategy of numerous amendments or few
amendments coupled with extensive debate to ensure its arguments are heard and to prolong a
markup. It might choose numerous amendments when there are majority members who disfavor
some or all of the chair’s proposed legislative solution, potentially attracting votes for a policy
majority different from a majority-party position. It might choose prolonged debate where it
anticipates the majority-party leadership has a legislative solution different from what might
emerge from committee, thus fully airing minority-party positions in committee where there is
likely more time for debate than will be available on the House floor and more opportunity for
influencing other members’ and public views.
Each side might also adopt a strategy of wearing down the other side through amendments,
debate, motions, and other action. A chair in this situation must lead a disciplined majority. The
minority must decide when it has gained as much as it can politically or procedurally in policy
debate and amendments.
Members in both parties might also consider how their debate and amendment strategy relates to
anticipated floor action. Members of both parties know that the majority leadership, through the
Rules Committee, will determine what legislative vehicle will come to the floor and what
amendments will be allowed. A chair likely has in mind a “bottom line” on what to report from
committee and when to report it. The minority in markup, where it disagrees, can probe to disrupt
the chair’s wishes. In contrast, the minority may have its own legislative solution. It likely hopes
in that case to publicize and generate positive comment on its own approach. The majority will
want to ensure that the minority’s position is made known in markup and seek to rebut it in
debate and votes on amendments.
6.6.1.1. Pre-Meeting Party Caucuses
Many committee chairs caucus with their party’s committee members prior to a markup to
discuss strategy. These discussions might cover amendment strategy; the assignment of roles in
leading debate on certain issues; the assignment of parliamentary roles, such as which majorityparty member will consistently reserve a point of order against any minority amendments; and so
on. The minority conducts similar strategy meetings. Unless it can persuade a sufficient number
of majority-party members to join in, however, a committee’s minority-party members have little
effective recourse when they object to what a chair has or has not scheduled for markup. The
minority does have available motions, points of order, objections to unanimous consent requests,
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parliamentary inquiries, amendment proposals, and debate in the course of a markup that still
might further its goals for a markup. (See, for example, “8. Beginning a Markup.”)
6.6.2. Maintaining Order and Decorum
Chairs are responsible for maintaining order and decorum in committee markups. The chair has
authority to recognize members to debate, to offer amendments, to make motions and requests, or,
as discussed immediately below, to make parliamentary inquiries or points of order.58 A chair may
determine that a member seeks to take an action that is not in order or that is improper or dilatory
(“made with intent to delay”).59 The chair has authority to admonish members generally, or one
member specifically, about maintaining decorum.60 In exercising the authority and prerogatives
available to a chair, the chair seeks to strike a balance between the responsibility of the majority
to reach a conclusion and the right of the minority to be heard in the course of decisionmaking.
(See also “9.9. Debate on Amendments.”)
A chair is also empowered and required to maintain order on the dais and in the meeting room,
including among the public and press, and to act on or punish breaches of order and decorum.
Committees typically alert the Capitol Police to their meetings should their presence or assistance
be needed.
6.6.2.1. Parliamentary Inquiries
A chair may recognize a member to make a parliamentary inquiry—a question about procedure
on the pending matter. An inquiry might concern the order in which amendments are being
offered, the schedule for voting on pending amendments, whether a specific motion is in order, or
other specific procedural concerns. An inquiry may not concern a hypothetical situation or the
interpretation or consistency of amendments. The chair has discretion to recognize members to
pose a parliamentary inquiry, including declining to entertain an inquiry if the chair believes it is
improper or repetitive. Responses to parliamentary inquiries are not rulings of the chair and are
therefore not subject to appeal.61 (See also “10. Parliamentary Inquiries.”)
6.6.2.2. Points of Order, Dilatory Motions, and Appeals
Committee members might make points of order—a claim that a rule is being violated. A chair
rules on a point of order and, subject to his or her discretion, first allows debate on it. If a chair is
prepared to rule immediately on a point of order, debate on it need not take place because the
purpose of debate is information for the chair. (See “11. Points of Order.”)
In its applicability in committee, Rule XVI, clause 1 disallows a chair from entertaining a dilatory
motion—one “made with intent to delay”—and by precedent leaves the determination of what is
dilatory to the discretion of the chair. A chair might act on his or her own initiative or in response
to a point of order.62 (See “12. Motions.”)
In many instances, a chair’s decision may be appealed—a request that the committee vote to
overturn the chair’s decision. An appeal is debatable but subject to a motion to table, which is not
58 House Practice, ch. 46, §§ 1-4, pp. 798-801.
59 Ibid., § 3, p. 800, and ch. 32, § 4, p. 647, respectively.
60 Ibid., ch. 16, § 26, p. 414.
61 Ibid., ch. 37, §§ 13-14, pp. 690-692.
62 Ibid., ch. 32, § 4, p. 647.
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debatable. If a motion to table is agreed to, the motion adversely disposes of the appeal. Certain
decisions of the chair, such as ruling actions out of order as dilatory, counting for a quorum,
recognizing members, or indicating whether an action was timely, are not subject to appeal. The
chair advises members of this fact if they inappropriately seek to appeal a decision.63 (See “11.4.
Appeal of the Chair’s Ruling.”)
6.6.3. Reporting Legislation
The final vote taken in a markup is often a vote to report (submit) a measure with the committee’s
recommended amendments to the House for the House’s consideration. At this point, a measure’s
status is “ordered reported” by a committee. House Rule XIII, clause 2(a)(1) requires a written
report to accompany legislation, and Rule XIII, clauses 2, 3, and 4 spell out the contents of
reports on legislation. It is a chair’s duty to have reports prepared and to file them with the House.
Pursuant to Rule XIII, clause 2(b), a chair must report “promptly” to the House and take steps
necessary to secure the reported measure’s consideration.
Rule XIII, clause 2(b) further provides that, if a chair has not filed the report promptly, a majority
of members of the committee may place a request with the committee’s clerk. The chair then has
seven days, excluding days when the House is not in session, to file the report in the House. (See
“14. Reporting a Measure.”)
6.6.4. Floor Consideration
After a committee votes to report a measure and before the chair adjourns the markup meeting,
the chair often indicates to the committee what form of floor consideration he or she will be
seeking. The committee chair has probably already begun consultations with the majority-party
leadership about floor scheduling and the appropriate route to the floor, and he or she continues
these discussions when a measure has been ordered reported. A measure might qualify to be
considered under the suspension of the rules procedure. (See “16.1.2. Suspension of the Rules.”)
If the House will desire more time for debate than available under suspension of the rules and the
possibility of considering floor amendments, which is not possible under suspension of the rules,
then the chair will seek a special rule for the reported measure from the Rules Committee. In that
case, with the leadership’s support, the chair writes to the Rules Committee, perhaps with the
support or co-signature of the ranking minority member, asking for a hearing on a special rule for
the measure.
The committee chair is traditionally the first witness at a Rules Committee hearing, explaining the
measure, the type of special rule desired concerning debate and amendments, a request for waiver
of any points of order, and other components of the special rule. He or she may be accompanied
by the ranking minority member, who might support the chair’s request or testify on his or her
own preferences for a special rule. At the hearing, the chair and ranking minority member answer
questions from the Rules Committee members. (See “16.1.3. Special Rules.”)
Once the Rules Committee reports a special rule, in the form of a simple House resolution, House
consideration of the special rule and the legislation identified in it typically soon follow. The
House must adopt the special rule before it can begin consideration of the legislation named in it
pursuant to the ad hoc procedures contained in the special rule. The chair and ranking minority
member may speak on the special rule, but the majority and minority floor managers from the
Rules Committee control time.
63 Ibid., ch. 3, pp. 66-69.
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When the House takes up consideration of the measure, a committee or subcommittee chair
serves as floor manager. A committee chair is likely to serve as floor manager of a measure being
considered pursuant to a special rule. An Appropriations Committee subcommittee chair is likely
to serve as floor manager of an appropriations bill that was marked up in his or her subcommittee.
Subcommittee chairs, or even the original sponsor of a specific measure, are likely to serve as
floor managers of legislation being considered pursuant to the suspension of the rules procedure.
As floor manager, a chair determines which majority-party members speak on the measure during
the period set aside for general debate, for how long, and in what order; which members will
speak in support of or in opposition to amendments that are offered on the floor; which members
reserve, make, and speak on points of order; and members to whom the chair might delegate
control of time on specific amendments. He or she manages the majority party’s time. The chair
is also usually responsible for determining which amendments will be decided by a recorded
votes and which can be decided by voice vote, unless the minority asks for a recorded vote. The
committee or subcommittee ranking minority member serves with the same responsibilities as
floor manager for the minority party.
If a House-passed measure must be reconciled with a Senate-passed measure, the committee chair
works with the party leadership to plan a process of amendments between the houses or a
conference. The committee ranking minority member performs the same role for the minority
leadership. A committee chair serves as chair of House conferees and may chair a conference.
Post-passage actions are not explored in this manual.64
7. Procedural Strategy and the Choice of a
Markup Vehicle
Perhaps the most important decision a chair makes in planning a markup is choosing what text the
committee will mark up. The chair consults on policy goals and procedural means of achieving
them with majority-party committee members, majority-party leadership, perhaps other Members
of his or her party, possibly minority-party committee members who might support at least some
of the majority’s policy goals, and possibly others outside of Congress, such as Administration
representatives and interest-group representatives. With policy and political considerations in
mind, the chair plans procedural strategy, including a decision on the so-called markup vehicle.65
The vehicles examined in this part are normally available as options to a chair when a committee
marks up legislation, subpoenas, resolutions of inquiry, committee orders or resolutions,
committee rules, or other matters that a committee might consider in a markup meeting.
Three items need to be distinguished at this point:
1. the measure and other words appearing on the notice of the markup meeting
provided to committee members;
2. the measure or other text called up (laid before the committee) once opening
statements are completed at the markup; and
64 For an examination of amendments between the houses and conference, see CRS Report 98-696, Resolving
Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, by (name reda
cted) .
65 A vehicle in Congress is “another term for a legislative measure, in the sense that it is the means for conveying
legislation through the legislative process.” Congressional Quarterly’s American Congressional Dictionary, p. 272.
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3. the markup vehicle, which could be the same measure noticed, the same measure
noticed and called up, or another text.
Notice was introduced above (see “3.2.3. Notice and Documents”) and is examined more fully
below (see “8.1. Notice”). Pursuant to authority contained in Rule XI, clause 2(c)(1), committees
adopt a notice rule that states how far in advance of a markup meeting committee members will
be notified of its occurrence and what will be the agenda at that meeting. (For an example of a
notice, see Figure 1.)
As an agenda item, a notice might list an introduced measure: “To consider H.R. 123, a bill to…,
and for other purposes.” It could list a draft that has not yet been introduced: “To consider H.R.
_____, a draft bill to…, and for other purposes.” A notice could list an introduced measure but
indicate that another measure could take its place: “To consider H.R. 123, a bill to…, or a related
measure, and for other purposes.”
When the markup meeting convenes and after opening statements are completed, the chair
normally calls up (lays before the committee) as the committee’s business the fir
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.