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HOUSE PROTOCOL:

A Guide to Process and Procedure in the House of Representatives

Class #3 - The Committee Markup

I. General Principles

A. Committee Rules

1. The Rules of the House are the rules of its committees as "far as applicable".
2. Each committee must adopt written rules governing its procedure; such rules shall be "not inconsistent" with the rules of the House.
3. Each subcommittee is subject to the authority and direction of the full committee and its rules as "far as applicable".

B. Meetings

1. A committee can act only when together, not by separate consultation and consent. "nothing being the report (or recommendation) of the committee but what has been agreed to in the committee actually assembled." (Jefferson's Manual, 407).
2. Committees must adopt regular meeting days, which shall not be less frequent than monthly. Each committee must meet to consider pending business on regular meeting days, unless otherwise provided by written rule adopted by the committee.
3. The Chair may call additional meetings as s/he considers necessary.
4. If the Chair fails to call a meeting upon the written request of three committee members, a majority of members of the committee may call a special meeting.
5. Each meeting for the transaction of business, including the markup of legislation, must be open to the public except when the committee, in open session and with a majority present, determines by roll call vote that the meeting should be closed to protect national security or sensitive law enforcement information, or to avoid defaming, degrading or incriminating any person, or violating any law or rule.

C. Notice

1. The House rules do not contain notice requirements for committee or subcommittee business meetings - check committee rules which may provide for notice. (Note the difference from rules governing committee hearings which require seven days advance notice.)

D. Quorums

1. For reporting measures or recommendations - a majority of the committee
2. For issuing subpoenas or releasing executive session materials - a majority of the committee
3. For any action other than reporting measures, issuing subpoenas, or releasing executive session matter - as established by committee rules, but never less than 1/3
4. Rolling quorums are NOT permitted on roll call votes (a quorum of Members must actually be present when the gavel comes down)
5. Points of Order for lack of a quorum must be timely

E. Prohibition Against Committees Meeting During 5-Minute Rule - No longer applicable

F. Amendments:

1. Committees do not actually amend measures during their markups; instead, a committee votes on what amendments it wishes to recommend to the House
2. Amendments must be offered at the appropriate time during a bill's consideration
3. Amendments must be germane
4. Third degree amendments are not permitted

G. Seconds:

1. A second is not required for motions made in committee

K. Strategy

II. Marking Up a Bill

A. Step 1--Calling Up the Bill

1. The Chair calls up the bill
2. Any Member can request that the Chair put the question on consideration of the bill
a. Example:
 Member: "Mr. Chairman, I raise the question of consideration. "
 Chairman: "The gentleman raises the question of consideration. The question is, will the committee consider the bill H.R. ______."
 The question is nondebatable.

A vote against consideration is not a vote to reject the bill, and does not prevent the measure from being brought before the committee at a later date

B. Step 2 -- Opening Statements

1. At this point, the Chair usually offers his own, then recognizes alternating members for opening statements

C. Step 3--Reading the Bill in Full

1. Sec. 412 of Jefferson's Manual requires the bill to be read first by the Clerk in full - This reading can be dispensed with in one of two ways:
a. by unanimous consent (normal way); or
b. by motion and majority vote. (This option may only be used if printed copies of the bill are available. A motion to dispense with first reading is highly privileged (only a motion to adjourn takes precedence)

D. Step 4--Reading the Bill for Amendment

1. After the bill has been read in full (or such reading is dispensed with), the bill must be read by section for amendment (Jefferson's Manual, Sec.412) unless unanimous consent is obtained to read by title or consider the bill open to amendment at any point
a. Amendments must be read in full, unless such reading is dispensed with by unanimous consent.
b. Amendments must be offered at the appropriate time, i.e., to the section then under consideration
c. Debate on amendments is under "5-minute rule"
     i. Author of amendment is recognized for five minutes in support of the amendment.
     ii. Another Member is recognized for five minutes in opposition.
     iii. Any other Member who wants to be recognized must do so by offering a pro forma amendment to strike the last word or the requisite number of words. The Member will receive five minutes.
     iv. A Member speaking under the five minute rule may obtain additional time by asking unanimous consent that s/he be permitted to speak for an additional 1 (or 2, or 3, etc.) minutes, or by having another Member yield his or her time
d. Amendments can be withdrawn as long as no action has been taken (unanimous consent is not necessary)
e. By majority vote of members present, the committee may close debate (or limit debate to a time certain) on the section under consideration. This does not preclude further amendments from being decided without debate
f. The previous question, if ordered, may be used to end debate and force a vote on any amendment pending. If the bill has been opened to amendment at any point, the previous question may also be ordered to end all further amendment of the bill
 E. Step 5 - Voting
1. Methods
a. Voice Vote
b. Division (show of hands)
c. Roll Call
     i. Requires support of 1/5 of Members present to demand roll call vote
d. Proxy Voting - no longer permitted

F. Step 6--Final Disposition

1. After the amendment process is completed, the Chair will normally entertain a motion to report the bill to the full committee (in the case of the subcommittee) or to the House (in the case of the full committee)
a. Measures may be ordered reported:
     i. favorably (with or without amendments)
     ii. unfavorably, or
     iii. without recommendation
2. Upon adoption of the motion to report, the Chair will seek unanimous consent that the motion to reconsider be laid upon the table
3. At this point, the bill is considered "ordered reported". The bill is not considered "reported" until the report is filed in the House
4. Immediately after a bill (or investigative report) is ordered reported, any Member can assert his right to two days to submit views (additional, supplemental, dissenting, etc.) on the measure. The clock for filing begins the day the measure is ordered reported and continues until one hour after midnight of the second day. (e.g. from Tuesday until 1:00 a.m. Friday)
5. The Chair will then entertain a motion that the Chair be given the authority to take all actions necessary to prepare the bill for conference

III. Example A--"The Full Treatment"

Chairman: "The Committee is meeting today for consideration of the bill H.R. 1231, a bill to require the President to appoint an emergency board to resolve the dispute between Eastern Airlines and its unions."

Chairman: "Does any Member have an opening statement?"

[Opening Statements]

Chairman: "The clerk will read the bill."

[Clerk reads entire bill]

Chairman: "The clerk will read section 1 of the bill."

[Clerk reads section 1]

Chairman: "Are there any amendments to section 1 of the bill?"

Member X: "I have an amendment."

Chairman: "The clerk will read the amendment."

[Clerk reads the amendment in full]

Chairman: "The gentleman is recognized in support of his amendment."

Member X: [speaks in support of amendment]

Chairman: "Do any other members wish to be heard on the amendment?"

[other Members speak on amendment]

Chairman: The question occurs on the amendment of Member X. All in favor say "aye" all opposed will say "no".

[vote]

Chairman: "The ayes have it. The amendment is agreed to."

Chairman: "Are there any other amendments to section 1?"

Chairman: "The clerk will read section 2 of the bill."

[clerk reads section 2 in full]

Chairman: "Are there any amendments to section 2 of the bill?"

[All amendments completed]

Member Y: "Mr. Chairman, I move that the bill H.R. 1231 be reported favorably to the House with an amendment."

Chairman: "The question is on the motion. All in favor say 'aye'; all opposed say 'no'."

[vote]

Chairman: "The motion is agreed to, and without objection the question of reconsideration is laid upon the table."

Member Y: "I move that, pursuant to clause 1 of rule XX, the committee authorize the chairman to offer such motions as may be necessary in the House to go to conference with the Senate on the bill H.R. ____ or a similar Senate bill."

Chairman: "The question is on the motion. All in favor say 'aye'; all opposed say 'no'."

[vote]

Chairman: "The motion is agreed to."

Member Z: "Pursuant to clause two of rule XI, I assert my right to two days for the purpose of filing additional views on the bill just ordered reported."

Chairman: "All Members will have two days for the purpose of filing views."

Chairman: "Without objection, the committee now stands adjourned."

[if objection is heard, adjournment may be agreed to by motion.]

III. Example B--"A More Typical Case" Chairman: "The Committee is meeting today for the consideration of the bill H.R. 1231, a bill to require the President to appoint an emergency board to resolve the dispute between Eastern Airlines and its unions."

Chairman: "Does any Member have an opening statement?"

[opening statements]

Chairman: "I ask unanimous consent that H.R. 1231 be considered as read and open to amendment at any point."

"Is there an objection? Hearing none, so ordered."

"Are there any amendments?"

Member X: "I have an amendment."

Chairman: "The clerk will read the amendment."

[clerk starts to read the amendment]

Member X: "I ask unanimous consent that the amendment be considered as read. "

Chairman: "Is there objection? Hearing none, so ordered." "The gentleman is recognized in support of his amendment."

Member X: [speaks in support of his amendment]

Chairman: "Do any Members wish to be heard on the amendment?"

[other Members speak on the amendment]

Chairman "The question occurs on the amendment of Member X. All in favor say 'aye', all opposed 'no'."

[vote]

Chairman "The ayes have it. The amendment is agreed to."

Chairman: "Are there any other amendments?"

[all amendments completed]

Member Y: "Mr. Chairman, I move that the bill H.R. 1231 be reported favorably to the House with an amendment."

Chairman: "The question is on the motion. All in favor say 'aye'; all opposed say 'no'."

[vote]

Chairman: "The ayes have it. The motion is agreed to, and without objection the question of reconsideration is laid upon the table."

IV. Motions (not in order of precedence)

A. Adjourn - highest privilege; nondebatable

Note: Chairman can not unilaterally adjourn; majority of Members voting needed. If Chairman walks out, meeting could, theoretically, continue

B. Recess - high privilege; nondebatable

Note: Chairman can not unilaterally declare an extended recess or recess a meeting while business is pending. Majority of Members voting needed. If Chairman walks out, meeting could, theoretically, continue. However, pursuant to Rule I, cl. 12, the Chair is authorized to declare short recesses when no business is pending

C. Lay on Table - nondebatable. Kills bill

1. Used for a final adverse disposition of a matter without debate
2. Can be used on a bill, amendment, or certain other motions
3. If a bill is laid on the table, it is effectively dead
4. If amendment is laid on the table, the bill goes there also (effectively kills bill)
5. Bill or amendment could be resurrected in two ways:
a. Unanimous consent
b. Motion to reconsider vote on motion to lay on table
6. Of course, a new bill could be marked up

D.. Postpone Indefinitely - debatable. Kills bill

1. Opens the merits of the bill to debate
2. Non-amendable
3. If passed, effectively kills the bill
4. As above, the bill could be resurrected by unanimous consent, by a motion to reconsider the vote on the motion to postpone indefinitely, or by marking up a new bill

E. Postpone to a Day Certain

1. Debatable within narrow limits only; merits of bill can not be discussed
2. Applies to whole bill
3. Amendable
4. May not specify the hour

F. Refer - narrowly debatable (may NOT discuss merits of the bill)

1. Full committee may refer a bill to subcommittee

G. Dispense with the First reading of the Bill in Full - nondebatable; highly privileged

1. Can be dispensed with in one of two ways:
a. by unanimous consent (normal way); or

b. by motion if printed copies of the bill are available

H. Amend - amendments are debatable and amendable in two degrees

I. Limit Debate on Amendments - debatable

1. If adopted by majority of Members present, allows debate to be ended at a time certain on the bill, section, or amendment under consideration

J. Previous Question - Nondebatable

1. Cuts off all debate on the amendment pending; prevents further amendment. (A motion to move to an immediate vote on the pending business.)
2. Can basically be used in two situations during committee consideration (not including its application to motions):
a. If the bill is "open to amendment at any point" (has been read or considered as read in its entirety), the previous question can be moved on the bill. This would cut off all further debate and amendments on the bill
b. The previous question can also be moved on an amendment. This cuts off all further debate and amendments on that amendment

K. Reconsider - debatable only if underlying motion was debatable

1. Allows committee to review its action on a given vote
2. Motion must be offered on the same or succeeding meeting day as the vote to be reconsidered
3. Motion must be made by a Member who voted with the prevailing side on the matter to be reconsidered