Order Code 98-335 GOV
Updated November 10, 2004
CRS Report for Congress
Received through the CRS Web
House Committee Markup:
Amendment Procedure
Judy Schneider
Specialist on the Congress
Government and Finance Division
The essential purpose of a committee markup is to determine whether a measure
pending before a committee should be altered, or amended, in any substantive way. Of
course, committees do not actually amend measures; instead a committee votes on which
amendments it wishes to recommend to the House.
How a panel conducts the amending process in markup for the most part reflects
procedures used in the Committee of the Whole, as possibly modified by an individual
committee’s rules. There is also a widespread feeling that the level of formality in a
markup often reflects the level of contention in the measure being marked up. See
[http://www.crs.gov/products/guides/guidehome.shtml] for more information on
legislative process.
Reading the Bill
Bills must be read twice in committee. Committees traditionally dispense with the
first reading of a bill, either by unanimous consent or by motion. A bill is not considered
as read for a second time (for amendment) until the chair directs the clerk to read section
one. Under regular order a bill is read for amendment by section. By unanimous consent,
however, a bill could be considered as read and open for amendment by title or at any
point. In either case, the chair may then recognize any member to offer an amendment.
Recognition and Debate
In recognizing members to offer amendments or to speak, the chair generally
alternates between parties and gives preference to more senior members. When a member
offers an amendment, the committee clerk traditionally reads the amendment and staff
distribute copies of it; the reading may be dispensed with by unanimous consent.
Prior to a member speaking in support of his or her amendment, any member can
either reserve or make a point of order against the amendment. If the point of order is
made, the chair rules immediately; if it is reserved, the proponent of the amendment is
recognized for five minutes in support of the amendment. In either case, the only time the
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point of order can be raised is prior to the proponent speaking on behalf of his or her
amendment.
Most committees consider amendments under the five-minute rule. However, unlike
in the Committee of the Whole, members do not need to strike the last word to gain
recognition; members merely need to seek recognition to speak on an amendment. A
member may gain additional time to speak beyond five minutes by obtaining unanimous
consent.
Offering and Considering Amendments
In many markups, members can offer amendments to each section of a bill as a
section is read or designated. When the last amendment to a section has been offered, the
section is considered closed to further amendment. The committee then moves to the next
section. Amendments may also be offered en bloc, that is, affecting the measure in more
than one place or in more than one section, but only if unanimous consent is granted.
A section option is for the chair to open the bill for amendment at any point. Such
a procedure requires unanimous consent. This amendment process enables members to
offer amendments in random order; some committees, however, use an amendment roster,
traditionally prepared and agreed to in advance by all committee members.
As a third option, the chair can offer, or recognize another member to offer, an
amendment in the nature of a substitute, essentially a full-text alternative to the pending
measure. Such an amendment can only be offered at the beginning or end of the process,
and would then be open to amendment at any point. (The previous question can be
moved on such an amendment following debate on it, cutting off all further debate and
amendments to the measure being marked up.)

Amendments must be read in full unless reading is dispensed with by unanimous
consent. Amendments can be withdrawn as long as no action, such as a vote, has been
taken on them; unanimous consent is not required.
General principles and prohibitions governing amendments on the floor also
generally apply in committee, such as amendments are only permitted in two degrees and
amendments must be germane.
Ending the Amendment Process
After the last section of a bill has been read or designated, or when by unanimous
consent the bill has been considered as read, any member can move the previous question.
This motion can only be made when all sections have been read. A member can also move
to close or end debate on a pending amendment or to limit further debate on a pending
amendment or section at a specified time. Unlike the previous question, closing debate
does not preclude offering or deciding on further amendments; it just means that all
subsequent amendments would be decided without debate.

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Voting on Amendments
There are three methods of voting in committee: voice, division (show of hands),
or record. A record vote requires support of one-fifth of the members present to demand
such a vote.
Pursuant to a House rules change agreed to in the 108th Congress, committees may
adopt a committee rule that allows the committee or subcommittee chair to postpone
votes on approving a measure, or adopting an amendment, and returning proceedings on
a postponed question at any time after reasonable notice.

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