Committee Markups in the House of Representatives: Procedure and Strategy ( Laws and Legislation )

Publication series :Laws and Legislation

Author: Camille E. Brockwell  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2017

E-ISBN: 9781617288173

P-ISBN(Paperback): 9781617284632

Subject: D034 State institutions;D52 世界政治制度与国家机构

Keyword: 世界政治制度与国家机构,国家体制,法律

Language: ENG

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Committee Markups in the House of Representatives: Procedure and Strategy

Chapter

7.1. Introduced Measure

7.2. Subcommittee Version—Committee Print

7.2.1. Options for Action on Committee Print

7.2.2. Committee Print as Markup Vehicle

7.2.3. Committee Print as Amendment in the Nature of a Substitute

7.3 Staff Draft—Chairman’s Mark

7.3.1. Original Measure

7.3.2. Managers’ Amendment

7.4. Amendment in the Nature of a Substitute

7.5. Markup Based on Sole, Primary, Additional Initial, or Sequential Referral

8. Beginning a Markup

8.1. Notice

8.1.1. Unfinished Markup

8.2. Quorum and Call to Order

8.3. Opening Statements

8.4. Calling Up and Reading the Measure

8.5. Potential Motions as a Measure Is Called Up

8.5.1. Question of Consideration

8.5.2. Motion to Postpone

8.6. Unanimous Consent

8.6.1. Unanimous Consent Implied

9. Reading a Measure for Amendment

9.1. General Debate

9.2. Options for Reading for Amendment

9.2.1. Reporting, Reading, or Designating a Section or other Unit

9.2.2. Reading for Amendment by Section

9.2.3. Reading for Amendment by Title or Another Unit

9.2.4. Open to Amendment at Any Point

9.2.5. Amendment Roster

9.3. Reading an Amendment

9.4. Drafting Amendments and Amendment Strategy

9.5. Form, Scope, and Degree of Amendments

9.5.1. Form

9.5.2. Scope

9.5.3. Degree

9.6. Relationship among Amendments

9.6.1. Order of Offering Amendments Based on Their Scope

9.6.2. The Amendment Tree

9.6.3. Who May Offer an Amendment

9.6.4. Precedence of Amendments When Their Form Is To Strike, or To Strike and Insert, an Entire Section of Base Text

9.6.4.1. Motion to Strike an Entire Section

9.6.4.2. Motion to Strike Out an Entire Section and Insert New Text

9.6.4.3. Motion to Amend a Portion of a Section

9.6.5. Order of Voting on Amendments

9.7. Amendment in the Nature of a Substitute

9.7.1. Offering

9.7.2. Reading

9.7.3. Amending

9.7.3.1. Amending Text Not Made Base Text

9.7.3.2. Amending Text Made Base Text

9.7.4. Adopting

9.8. Additional Procedural Considerations for Amendments

9.8.1. Precedence of the Motion to Amend

9.8.2. In Writing

9.8.3. Amending Amended Text

9.8.4. Reoffering an Amendment

9.8.5. En Bloc Amendments

9.8.6. Modifying an Amendment

9.8.7. Withdrawing an Amendment

9.8.8. Amendment to the Title

9.8.9. Motion to Strike the Enacting Clause

9.9. Debate on Amendments

9.9.1. Five-Minute Rule

9.9.2. Decorum

9.9.2.1. Chair’s Duty

9.9.2.2. Members’ Responsibilities

9.9.2.3. Disorderly Language or Words Taken Down

9.9.3. Limiting or Closing Debate

10. Parliamentary Inquiries

11. Points of Order

11.1. Making or Reserving a Point of Order against an Amendment

11.1.1. Making a Point of Order

11.1.2. Reserving a Point of Order

11.2. Demand for Regular Order

11.3. Debate and Chair’s Ruling

11.4. Appeal of the Chair’s Ruling

11.5. Germaneness

11.5.1. Text to Which an Amendment Must Be Germane

11.5.2. Tests, Principles, and Applications of the Germaneness Rule

11.5.3. Sources of Information on Tests, Principles, and Applications

11.5.4. Subject-Matter Test

11.5.5. Fundamental Purpose Test

11.5.6. Committee Jurisdiction Test

11.5.7. Individual Proposition or Class Not Germane to Another

11.5.8. General Provision Not Germane to a Specific Subject

11.5.9. Specific Subjects Germane to General Propositions

11.5.10. Studies

11.5.11. Amendments Imposing Conditions, Qualifications, or Limitations

11.5.12. Amendments to Bills Amending Existing Law

11.6. Rule X Committee Jurisdiction Point of Order

11.7. Constitutionality Point of Order

11.8. Matters Not Subject to a Point of Order

12. Motions

12.1. To Adjourn

12.2. To Commit or Recommit to a Subcommittee

12.3. To Discharge a Subcommittee

12.4. Previous Question

12.5. To Recess

12.6. To Table

13. Voting

13.1. Forms of Voting

13.2. Majority Vote

13.3. Motion to Reconsider

13.4. Order of Voting on Amendments

13.5. Divisibility of a Question

13.6. Postponing Votes

14. Reporting a Measure

14.1. Options for How a Committee May Report to the House

14.1.1. Report Favorably

14.1.2. Report Unfavorably

14.1.3. Report without Recommendation

14.2. Options for Reporting Recommended Changes to the House

14.2.1. Without Amendment

14.2.2. Cut and Bite Amendments

14.2.3. Clean Bill or Resolution

14.2.4. With an Amendment in the Nature of a Substitute

14.3. Subcommittee Reporting

14.4. Actions by a Committee in the Course of Reporting

14.4.1. Motions to Approve and Report

14.4.2. Motion to Reconsider

14.4.3. Minority and other Views

14.4.4. Technical and Conforming Changes

14.4.5. Authorization to Seek Conference with Senate

14.4.6. Script to Approve and Report a Measure with an Amendment in the Nature of a Substitute, Not Base Text

14.4.7. Script to Approve and Report a Measure with an Amendment in the Nature of a Substitute, Made Base Text

14.5. Sponsorship and Cosponsorship of Reported Measures

15. Committee Reports

15.1. Preparing and Filing a Committee Report

15.1.1. Privileged and Nonprivileged Reports

15.2. Late Filing of a Committee Report

15.3. Required Contents of a House Committee Report

15.4. Report with Parts—Measures Referred to More Than One Committee

15.5. Supplemental Report

15.6. Star Print

15.7. Consequences of Rules Violations in Markups and Committee Reports

15.7.1. Committee Reports and Reporting

15.7.2. Remedy

16. Options for House Floor Consideration

16.1. Routes to the Floor

16.1.1. Legislation That Is Considered in the House

16.1.2. Suspension of the Rules

16.1.3. Special Rules

16.1.4. Other Routes

16.2. Considerations Pertinent to a Special Rule

16.2.1. Floor Vehicle

16.2.2. Waivers of Points of Order

16.2.3. General Debate

16.2.4. Amendments Made in Order

16.2.5. Motions Precluded or Restricted

16.2.6. House Action

16.2.7. Motion to Recommit

16.2.8. Post-Passage

17. Considerations in a Two-House Strategy

18. Role of Committee and Personal Staff

18.1. Administrative Preparation

18.2. Procedural Preparation

18.3. Issue Preparation

Appendix A. Glossary of Selected Markup Terms

Appendix B. House Committee Markup: Administrative Preparation342

Informational Preparation

Political Preparation

Chair’s Preparation

Procedural Preparation

Administrative Preparation

Appendix C. Sample Script for Opening Statements

Appendix D. Sample Scripts for Calling Up and Reading a Measure

Sample Script for Calling Up a Measure, with Unanimous Consent to Dispense with Reading

Sample Script for Calling Up a Measure, with Motion to Dispense with Reading

Appendix E. Sample Scripts When Motions Are Made as a Markup Begins

Question of Consideration

Motion to Postpone

Motion to Commit [Recommit]

Motion to Adjourn

Appendix F. Sample Scripts for Options for Reading a Measure for Amendment

Reading for Amendment by Section

Reading for Amendment by Another Unit, such as Title

Reading for Amendment as Open to Amendment at Any Point

Reading for Amendment and Using an Amendment Roster

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

Reservation of Point of Order

Appeal of the Ruling of the Chair

Appendix I. Sample Scripts for Selected Motions and Requests in the Amendment Process

Dispensing with Reading; Recognition for Debate

Yielding

Perfecting Amendment; Motion Reduced to Writing

Unanimous Consent for Additional Time to Speak

Substitute Amendment; Insertion in Record

Voice Votes on Pending Amendments

Dispensing with Further Reading of Sections

Withdrawing an Amendment

Appendix J. Sample Scripts for Motion to Close Debate; Parliamentary Inquiry; and Point of Order of Absence of Quorum

Point of Order That a Quorum Is Not Present

Appendix K. Sample Scripts for Voting on Amendments

Motion to Reconsider

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

Demand for a Division of the Question: An Amendment

Demand for Division of the Question: En Bloc Amendments

Appendix N. Sample Scripts for Postponing a Recorded Vote; Calling a Recess

Postponing a Recorded Vote

Calling a Recess

Resuming the Markup Meeting

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

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

End Notes

House Rules and Precedents Affecting Committee Markup Procedures(

Summary

Background

House as in Committee of the Whole

On the Floor

In Committee

Points of Order

End Notes

House Rules Governing Committee Markup Procedures(

House Committee Markup: Amendment Procedure(

Summary

Reading the Bill

Recognition and Debate

Offering and Considering Amendments

Ending the Amendment Process

Voting on Amendments

House Committee Markup: Preparation(

Summary

Informational Preparation

Political Preparation

Chairman's Preparation

Procedural Preparation

Administrative Preparation

House Committee Chairs: Considerations, Decisions, and Actions In a New Congress(

Summary

Introduction

Transition (Early Organization to Swearing-in)

End-of-a-Congress Activities

Activities Report

Committee Calendar

Committee Records

Administrative Matters

Committee Budget (Expense Resolution)

Staff

Travel

Website

Committee Organization

Subcommittee Structure

Vice Chair

Committee Rules

Administrative Matters in Support of Committee Work

Committee Procedure and the Role of the Chair

Hearings

Markups and Reporting

Subcommittee Authority

Procedural Tools for Committee Chairs

Maintaining Order and Decorum

Protecting Committee Jurisdiction

Floor Consideration and the Role of the Chair

Legislative Issues and Agenda

State of the Union

President’s Budget

Budget Resolutions, Views and Estimates, and Appropriations

Expiring Authorizations

Committee Legislative Priorities

Oversight and Investigations

Approving/Disapproving Executive Proposals

End Notes

House Committee: Categories and Rules for Committee Assignments(

Introduction

Number of Assignments

Limitations on Assignments

House Committees: Assignment Process(

Introduction

Committee Sizes and Ratios

Factors in Making Assignments

Party Organizations

Individual Member Rights

House Standing Committee Chairs and

Ranking Minority Members: Rules Governing Selection Procedures(

Summary

House Rules

Republican Conference Procedures

Democratic Caucus Procedures

The Committee Markup Process in the House

of Representatives(

Summary

Introduction

Applicability of House Rules

Variations Among Committees

Selecting the Text

The Chair's Authority in Practice

Recourse of Committee Members

The Markup Process in General

Beginning the Markup

First Reading

Opening Statements

Offering and Debating Amendments

Reading Bills for Amendment

Offering Amendments

Debating Amendments

Two Motions to Conclude a Debate

Ordering the Previous Question

Moving to Close the Debate

Majority Powers and Minority Rights

Motions, Quorums, and Votes

Motions

Quorums

Voting

Points of Order and Parliamentary Inquiries

Points of Order and Appeals

Reserving Points of Order

Parliamentary Inquiries

Challenging Committee Procedures

Motions to Conclude Markups

Ordering the Bill Reported

The Committee's Reporting Options

Committee Amendments

Clean Bills

Other Views

Preparing for Conference

End Notes

Index

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