Preparation for Senate Committee Markup

Preparation for Senate Committee Markup

Order Code 98-243 GOV
Updated April 22, 2003
CRS Report for Congress
Received through the CRS Web
Preparation for Senate Committee Markup
Thomas P. Carr
Analyst in American National Government
Government and Finance Division
Markup is the legislative stage during which a committee chooses the language of
a measure it expects to report to the Senate. Markups are carefully planned in advance
to insure that the requirements of Senate rules have been met, political decisions have
been made, and administrative issues have been addressed. For more information on
legislative process, see [http://www.crs.gov/products/guides/guidehome.shtml ].
Scheduling and Notification
A variety of Senate rules and procedures (as well as political factors) affect the
scheduling of a committee markup. The chair of a committee usually exercises control
over the committee’s markup schedule as well as the agenda for markups. Specific
Senate rules governing meeting times are designed to minimize interruptions of
deliberations and scheduling conflicts. A standing committee is authorized to meet to
mark up when the Senate is in session as well as when it has recessed or adjourned (Rule
XXVI, paragraph 1.) However, committee meetings (except of Appropriations and
Budget) are restricted when the Senate is also meeting (Rule XXVI, paragraph 5(a)). A
committee may not meet on any day after the Senate has been in session for 2 hours, or
after 2:00 p.m. when the Senate is in session, whichever is earlier. In practice the rule
can be waived by unanimous consent; it also may be waived by joint agreement of the
party leaders. Senate rules also restrict committees to meeting during specified time
periods; committees do not always adhere rigorously to these restrictions (Rule XXVI,
paragraph 6).
Each Senate committee is further required to notify the Office of the Daily Digest
of the Congressional Record when any markup is scheduled (pursuant to Senate standing
order, Title IV of S.Res. 4, 95th Congress), including the time, place, and purpose of the
markup, and any changes or cancellations as they occur. The Daily Digest Office enters
this information into the Senate’s computerized scheduling system, and every Monday
and Wednesday this information is published in the Record. Additional notification
requirements may be contained in individual committee rules. For example, some
committees require that each committee member receive an advance written notice of a
markup along with an agenda for the session.
Senate Rule XXVI, paragraph 3, sets forth certain requirements for the frequency of
committee meetings. Each standing committee (except Appropriations) is required to
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adopt a regular meeting day, which must be at least monthly, for purposes including the
markup of legislation. A committee chair may schedule additional markup meetings as
necessary. A majority of a committee also can call a markup, but this rarely occurs (Rule
XXVI, paragraph 3).
Before scheduling a markup, a committee might first seek to determine that a
quorum is likely to be present. Although the minimum quorum to conduct a markup is
at least one-third of a committee (Rule XXVI, paragraph 7(a)(1)), at least one committee,
has required a majority to mark up. Senate rules do not require that the quorum include
minority party members, although several committees have imposed this requirement in
their rules.

Documentation
A committee must choose one text as the basis for its markup, and in practice
choosing this vehicle is the prerogative of the chair (see CRS Report 98-244, Markup in
Senate Committee: Choosing a Text). The rules of some committees have stipulated that
each committee member receive an advance copy of the measure to be marked up.
Committee staff typically distribute a copy of the markup vehicle, along with related
summaries, explanations, statements, or talking points they have prepared. Some
committees require advance submission of first degree amendments Senators intend to
offer during markup. Senators often bring copies of other amendments they intend to
offer, and Senate rules require that amendments be in writing on demand of any Senator
(Rule XV, paragraph 1). Prior to the meeting, Committee staff may provide each member
a package of submitted amendments; alternately, amendments may be distributed
individually as offered.
Administrative Matters
Logistical arrangements such as reserving a meeting room and arranging for a
reporter of debates are handled by a committee’s administrative staff. Other details
concerning the physical set up of the room, such as arranging items on the dais, reserving
seats, and turning on audio consoles, microphones, and lighting are also handled by
committee administrative staff, or the Architect of the Capitol. Placement of television
cameras, and assigning space for journalists, may be covered by committee rules. If
necessary, security during a markup can be arranged with the Capitol Police.
Closing and Broadcasting
A committee usually will decide in advance if a markup needs to be closed to the
public. A committee can close a markup by rollcall vote by a majority of the committee,
for reasons listed in Senate rules (Rule XXVI, paragraph 5(b)), such as if the session
involves national security information.

Markups that are open to the public may be broadcast, and a committee may develop
its own procedures for broadcasting (Rule XXVI, paragraph 5(c)). Committee press aides
typically employ diverse techniques for attracting and managing media coverage of
markups. These include mailing calendars listing upcoming markups, issuing press
releases, preparing packets of material, and organizing press conferences.