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, debate and vote on amendments to it (to mark up), and report their recommendations to the House. This manual examines procedures and strategy related to committee markups and provides sample procedural scripts. It will next be updated in the 112th Congress.

Once a committee decides to consider a policy matter in a markup, it faces many decisions. It must select what legislation to mark up; decide whether to mark up only in committee or in 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 to amendment at any point or with an amendment roster; or with 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 marked up legislation as introduced, it may report that with recommended amendments. If a committee marked 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 Report.

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, 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 A Two-House 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 explains the relationship between the elements and the parts of the manual.