Parliamentary Outreach Program

A STEP-BY-STEP GUIDE TO COMMITTEE MARKUPS

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.

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. ______."

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. Section 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:

    1. by unanimous consent (normal way)

    2. or by motion and majority vote. (This option may only be used if printed copies of the bill are available. A motion to dispense with the first reading is 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 (Section 412, Jefferson's Manual) unless unanimous consent is obtained to read by title or consider the bill open to amendment at any point. A motion to open the bill to amendment at any point is not in order.

    1. Amendments must be read in full, unless such reading is dispensed with by unanimous consent.

    2. Amendments must be offered at the appropriate time, for example, to the section then under consideration.

    3. Debate on amendments is under the "5-minute rule".

      1. Author of amendment is recognized for five minutes in support of the amendment.

      2. Another Member is recognized for five minutes in opposition.

      3. 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 be recognized for five minutes.

      4. A Member speaking under the five minute rule may obtain additional time by asking unanimous consent that he be permitted to speak for an additional 1 (or 2, or 3, etc.) minute(s), or by having another Member yield them time

    4. Amendments can be withdrawn as long as no action has been taken (unanimous consent is not necessary).

    5. By majority vote of the 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

    6. 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 - Methods of Voting

  1. Voice Vote

  2. Division (a show of hands)

  3. Record Vote- Requires the support of 1/5th of the Members present.

  4. 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).

    1. Measures may be ordered reported:

    1. favorably (with or without amendments)

    2. unfavorably, or

    3. 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 for 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.

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 for 5 minutes, or as much of the 5 minutes as he consumes]

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

[other Members speak on amendment under the 5 minute rule, "Mr. Chairman, I move to strike the last word]

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? If not, the question is on the bill, as amended. The question is on the adoption of the bill, as amended.

[vote]

[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 XXII, 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. 1231 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 2(l) 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.] 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 under the 5 minute rule]

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

[other Members speak on the amendment under the 5 minute rule. "Mr. Chairman, I move to strike the last word"]

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

[vote]

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

Chairman: "Are there any other amendments? If not, the question is on adoption of the bill, as amended. The question is on adoption of the bill, as amended. All those in favor say "aye" those opposed "no."

[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 motion to reconsider is laid upon the table."