WikiLeaks Document Release http://wikileaks.org/wiki/CRS-98-245 February 2, 2009

Congressional Research Service Report 98-245 Markup in Senate Committee: Considering Amendments Elizabeth Rybicki, Government and Finance Division

September 11, 2007

Abstract. Senate rules pertaining to amending measures on the floor apply generally to a Senate committee markup as well. Within the confines of Senate rules, some committees have adopted their own rules governing the consideration of amendments during a markup. However, many Senate committee markups proceed informally, in accordance with a committee’s particular needs and practices that have evolved over time. http://wikileaks.org/wiki/CRS-98-245 *59*2'*7= 3&1>89=43=9-*= 43,7*88=&3)=*,.81&9.;*=74(*88= 1.?&'*9-= >'.(0.= 2*3)2*398= &70:5=.3= *3&9*=422.99**a=438.)*7.3,= Prepared for Members and Committees of Congress =*5479=+47=43,7*88 ++`=,**1=

43,7*88.43&1= *8*&7(-=*7;.(*= <<<_(78_,4;= 328,./= 18/1**= = http://wikileaks.org/wiki/CRS-98-245 markup toassist Senators in planning and to expedite committee action. Several committees have rules requiring first-degree amendments tobe filed in advance of the Office ofLegislative Counsel to ensure that amendments are clear and properly drafted. Senators may draft amendments tothis text prior to markup, andoften seek theadvice of the require that the base text be distributed to committee members inadvance of the markup. Report 98-244, The committee chair usually chooses the text that serves as the base text of the markup (see CRS guides/guidehome.shtml. summarized below. For more information on legislative process, see http://www.crs.gov/products/ committee practices governing theconsideration of amendments during committee markup are particular needs and practices that have evolved over time. Senate and committee rules and However, Senate committee markups canproceed informally, inaccordance with a committee’s 43,7*88.43&1=*8*&7(-= *7;.(*= Palmer identifies these committees. 2 1 S = have adopted rules to bring extended debate to an end. For example, the Judiciary Committee has cloture to end protracted floor debate does not apply to committees. However, some committees is possible for opponents to filibuster an amendment, because the Senate’s procedure for invoking motion to lay anamendment on the table, but tab no Senators seek recognition todebate it. A committee may enddebate earlier by agreeing toa Senator, aparticular amendment, orall amendments. The chair puts an amendment to a vote when There is no general time limit ondebating amendments in committee, either for an individual recognized by the chair, and the chair ordinarily recognizes the first Senator seeking recognition. requirement can be waived by thechair. Other Senators may debate an amendment when typographical device, the effect of proposed amendments on existing law, although this instance, the Banking Committee requires Senators offering amendments to show, by appropriate that the sponsor provide information about the amendment toassist with its evaluation. For The sponsor of an amendment typically is recognized to debate it, and some committees specify 1). offered, in practice the sponsor asks unanimous consent to waive the reading (Rule XV, paragraph demand ofany Senator (Rule XV, paragraph 1). Although anamendment must beread when draft amendments during markup, andSenate rules require that amendments be in writing on committee may decideby unanimous consent to structure the amendment process. Senators may any point and amendments are considered in whatever order Senators offer them. However, a Following any opening statements acommittee may allow, ameasure is open to amendment at offered. amendments to committee members at the outset of the markup, orasthe amendments are committee two business days before markup. Committee staff may distribute all submitted Banking Committee requires 50copies of a first-degree amendment tobe submitted to the author is available torespond to inquiries on the subject. CRS Report RL33972, This report was written byThomas Carr, P. formerlyan Analyst the at Congressional Research Service. The listed adopted their own rules governing theconsideration of amendments during amarkup. committee markup aswell. Within the confines ofSenate rules, some committees have enate rules pertaining toamending measures on the floor apply generally toaSenate Markup in Senate Committee: Choosing a Text Senate Committee Rules in the 110 1

&70:5=.3= *3&9*= 422.99**a= 438.)*7.3,=2*3)2*398= th ling kills the amendment. On most committees it Congress: AComparison of Key Provisions . The rules of some committees 2 For example, the the example, For , byBetsy http://wikileaks.org/wiki/CRS-98-245 43,7*88.43&1=*8*&7(-= *7;.(*= [email protected], 7-0644 AnalystCongress on the Legislative and Process Elizabeth Rybicki :9-47=439&(9=3+472&9.43= taken. an amendment generally maymodify orwithdraw it unilaterally before action on it has been amendments take a“bigger bite,” by also changing unamended text; and (6) aSenator whooffers more propositions, and each could stand separately; (5) Senators may re-amend text only iftheir matter of right, any Senator may demand that an amendment bedivided if it consists of two or (Rule XV, paragraph 5); (3) anamendment canonly change text in one part of a measure; (4) as a amendments containing significant matter outside the jurisdiction of the reporting committee they propose to amend, but Senate rules prohibit the floor consideration of substantive committee proposes to amend the first-degree amendment; (2) amendments need not begermane to the text degree amendment that seeks toamend thebase text and asecond-degree amendment that unanimous consent. Under the rules: (1) amendments are permitted in two degrees—a first- ProcessSenate inthe consideration of amendments in committee as well (see CRSReport 98-853, Senate rules governing the consideration of amendments on the floor apply generally to the committee will vote onwhether to sustain the ruling. amendment, ingeneral the whole amendment falls. If aSenator appeals the ruling ofthe chair, the on both sides to be presented. If thepoint of order is sustained against any portion of the while Senators donot have aright to debate points of order, the chair often allows the arguments prior to the amendment’s disposition. SenatorThe must cite the basis of the point of order, and, A Senator who thinks that an amendment violates any rule can make apoint oforder any time person) after the vote has occurred. allowing oral proxies as well as written ones, or request to vote by proxy. Some committees give Senators further flexibility, for instance, by 7(c)(1)). A Senator voting by proxymust beinformed ofthe matter to be decided and must proxy, unless a committee adopts a rule to the contrary (Rule XXVI, paragraphs 7(a)(3) and amendment (as detailed in Senate Rule XIII). Absent Senators may vote onamendments by voice, division, or rollcall vote, and aSenator maymove to reconsider the vote on any less than one-third of the committee (Rule XXVI, paragraph 7(a)(1)). Senators mayvote by A committee may setits own quorum forvoting onamendments, so long as the quorum isnot at least one minority party Senator), of a non-debatable motion to end debate. provided for debate to be closed through theadoption, bymajority a of the committee (including = ). Committees may setaside these rules implicitly orexplicitly by &70:5=.3= *3&9*= 422.99**a= 438.)*7.3,=2*3)2*398=

by allowing Senators to vote by proxy (orin The Amending ,=