[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-2]
[Page 13-62]
[[Page 13]]
AMENDMENTS
A. Amendments Defined and Distinguished; Forms
Sec. 1. In General; Formal Requisites
Sec. 2. Perfecting Amendments
Sec. 3. Motions to Insert
Sec. 4. Motions to Strike and Insert
Sec. 5. Motions to Strike
Sec. 6. Substitute Amendments
Sec. 7. Amendments in Nature of a Substitute
Sec. 8. Pro Forma Amendments
Sec. 9. Precedence of Motion Generally
Sec. 10. Amending Other Motions
Sec. 11. Effect of Special Rule
Sec. 12. -- Amendments Printed in the Record
B. Permissible Pending Amendments
Sec. 13. Generally; The Stages of Amendment
Sec. 14. Amendments in the Third Degree
C. When to Offer Amendment; Reading for Amendment
Sec. 15. In General; Reading by the Clerk
Sec. 16. Amendments to Text Passed in the Reading
Sec. 17. Amendments to Text Not Yet Read; Amendments En Bloc
Sec. 18. Amendments to Bills Considered as Read and Open to Amendment
Sec. 19. Amendments in the Nature of a Substitute
Sec. 20. Recognition to Offer Amendments; Priority
D. Offering Particular Kinds of Amendments; Precedence and
Priorities
Sec. 21. Introductory; Perfecting Amendments
Sec. 22. Motions to Strike
Sec. 23. Motions to Strike Out and Insert
Sec. 24. Substitute Amendments
Sec. 25. Offering Amendments During Yielded Time
Sec. 26. Effect of Previous Question; Expiration of Time for Debate
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E. Consideration and Voting
Sec. 27. In General; Reading of Amendment
Sec. 28. Order of Consideration Generally
Sec. 29. Committee Amendments
Sec. 30. Amendments En Bloc; Use of Special Rules
Sec. 31. Perfecting Amendments; Motions to Strike
Sec. 32. Substituting Amendments
Sec. 33. Points of Order
Sec. 34. -- Timeliness
Sec. 35. Debate on Amendments
Sec. 36. Withdrawal of Amendment
Sec. 37. Modification of Amendment
F. Effect of Adoption or Rejection; Changes After Adoption
Sec. 38. In General; Effect of Adoption of Perfecting Amendment
Sec. 39. Adoption of Amendment as Precluding Motions to Strike
Sec. 40. Effect of Adoption of Motions to Strike
Sec. 41. Adoption of Amendment in Nature of Substitute
Sec. 42. Amendments Pertaining to Monetary Figures
Sec. 43. Effecting Changes by Unanimous Consent
Sec. 44. Amendments Previously Considered and Rejected
G. House Consideration of Amendments Reported From
Committee of the Whole
Sec. 45. In General; Voting
Sec. 46. Effect of Rejection of Amendment
Sec. 47. Motions to Recommit With Instructions Pertaining to
Amendments
H. Amendments to Titles and Preambles
Sec. 48. In General
I. Amendments Containing Unfunded Mandates
Sec. 49. In General
Research References
5 Hinds Secs. 5753-5800
[[Page 15]]
8 Cannon Secs. 2824-2907a
9 Deschler Ch 27
Manual Secs. 413, 456, 469, 775, 777, 782, 793, 822, 823, 825,
826, 854, 870, 872-875
A. Amendments Defined and Distinguished; Forms
Sec. 1 . In General; Formal Requisites
Generally
The four forms of amendment are specified by Rule XIX. They are:
<box> The amendment to the pending proposition
<box> Amendments to the amendment
<box> Substitute amendments
<box> Amendments to the substitute
An amendment to a pending amendment is in order as an amendment in
the second degree, as is an amendment to a pending substitute.
Amendments in the third degree are not in order. Sec. 14, infra.
The amendment to the original text must, of course, be offered
first, and generally only one amendment to the text may be pending at
any one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that
amendment is offered, however, the other three forms of amendment may
be offered and all four amendments may be pending at one time. 5 Hinds
Secs. 5753, 5785; 8 Cannon Secs. 2883, 2887; Deschler Ch 27 Sec. 1.
See also Sec. 13, infra.
Recognition for the purpose of offering amendments is within the
discretion of the Chair. See Sec. 20, infra. A Member may offer an
amendment in his own name at the request of another Member, but he may
not offer it in the other Member's name. Deschler Ch 27 Sec. 1.11. And
he may not offer an amendment to his own amendment; an amendment once
offered may not be modified by its proponent except by unanimous
consent. Sec. 37, infra.
Formal Requirements; Written or Oral Motions
Pursuant to the House rules (Rule XVI clause 1), the Chair or any
Member may require that an amendment be reduced to writing before
being offered. Deschler Ch 27 Sec. 1.1. In Committee of the Whole, the
Clerk transmits copies of offered amendments to the majority and the
minority tables in accordance with the House rules (Rule XXIII clause
5(a)), although the failure of the Clerk to promptly transmit such
copies is not the basis for a point of order against the amendment.
Deschler Ch 27 Sec. 22.11.
[[Page 16]]
An amendment must contain instructions to the Clerk as to the
portion of the bill it seeks to amend. Deschler Ch 27 Sec. 1.28.
Similarly, an amendment to an amendment should specify and identify
the text to be amended. Amendments to a substitute should be drafted
to the proper page and line number of the substitute rather than to
comparable provisions of the original text. Deschler Ch 27 Secs. 1.9,
1.10. A Member who intends to propose such an amendment may ascertain
the appropriate page and line number by inspecting the pending
amendment at the Clerk's desk or obtaining a copy thereof at the
committee tables. Deschler Ch 27 Sec. 22.10.
The Chair may examine the form of an offered amendment to
determine its propriety and may rule it out of order even where no
point of order is raised from the floor, and debate has begun.
Deschler Ch 27 Sec. 1.39. However, an ambiguity in the wording of an
amendment, or a question as to the propriety of draftsmanship of an
amendment to accomplish a particular legislative purpose, should not
be questioned on a point of order; that is an issue to be disposed of
on the merits. Deschler Ch 27 Sec. 1.31.
Order or Sequence
A distinction should be made between the order or sequence of
voting on amendments and the sequence in which they may be offered.
Amendments must be voted on in a definite sequence. The amendment to
the text is voted on last, thereby giving the Members the fullest
opportunity to perfect it before addressing its adoption. (Order of
voting on amendments, see Sec. 28, infra.) But this sequence is
reversed with respect to the offering of amendments, since amendments
to the text are proposed before the offering of amendments to the
amendment, and substitute amendments must precede the offering of
amendments to the substitute. Secs. 21 et seq., infra. Nevertheless,
considerable latitude is permitted in the order of offering amending
propositions. Thus, in one instance in 1975, five amendments were
offered in the following order: (1) an amendment in the nature of a
substitute for the pending text, (2) a substitute therefor, (3)
perfecting amendments to the original text, (4) an amendment to the
substitute, and (5) an amendment to the amendment in the nature of a
substitute. Deschler Ch 27 Sec. 5.28.
Effect of Special Rule
Bills are frequently considered pursuant to the terms of a special
rule or resolution reported from the Committee on Rules which
specifies whether amendments may be offered to the bill, the kind and
number of amendments that may be offered, whether they can be amended,
and the order of consideration and voting thereon. Sec. 11, infra.
Such special rules are themselves subject to germane amendment while
the rule is pending if the Member in
[[Page 17]]
control yields for such amendment or if he offers the amendment
himself, or if the previous question is voted down. Deschler Ch 27
Sec. 3.1.
Sec. 2 . Perfecting Amendments
Generally
Generally, the House follows the Jeffersonian principle that
language should be perfected before taking other action on it. Manual
Sec. 456. The term ``perfecting amendment'' includes amendments to
insert as well as amendments to strike out and insert. Deschler Ch 27
Sec. 15. And a perfecting amendment may take the form of a motion to
strike out a lesser portion of the words encompassed in a pending
motion to strike. Deschler Ch 27 Sec. 15.17. There are no degrees of
preference as between perfecting amendments. Deschler Ch 27 Sec. 5.9.
A perfecting amendment may be offered to the text of a bill or to
an amendment to a bill. Once a perfecting amendment to an amendment is
disposed of, the original amendment, as amended or not, remains open
to further perfecting amendment, and all such amendments are disposed
of prior to voting on substitutes. Deschler Ch 27 Sec. 23.9.
Perfecting Amendments and the Motion to Strike
Perfecting amendments to a section or paragraph may be offered--
one at a time--while a motion to strike out the section or paragraph
is pending, and are first disposed of. Deschler Ch 27 Sec. 15.15.
Indeed, all perfecting amendments to a section of a bill must be
disposed of prior to the vote recurring on a pending motion to strike
out the section. Deschler Ch 27 Sec. 24.2. And if the perfecting
amendment changes all the words proposed to be stricken out, the
motion to strike necessarily falls and is not voted on. Deschler Ch 27
Sec. 24.15.
Sec. 3 . Motions to Insert
A motion to insert may be pending at the same time as a motion to
strike, with the vote taken first on the motion to insert, then on the
motion to strike. They need not be offered in the order in which they
are voted on. Deschler Ch 27 Sec. 15.1.
It is not in order to reinsert the precise language stricken by
amendment. Deschler Ch 27 Sec. 31.4. But an amendment similar to the
stricken language may be offered if germane to the pending portion of
the bill. Deschler Ch 27 Sec. 31.6.
After an amendment to insert has been agreed to, the matter
inserted ordinarily may not then be amended (5 Hinds Sec. 5761; 8
Cannon Sec. 2852) in
[[Page 18]]
any way that would solely change its text. However, an amendment may
be added at the end of the inserted material. 5 Hinds Sec. 5759;
Manual Sec. 469. See Sec. 38, infra.
Sec. 4 . Motions to Strike and Insert
A motion to strike out and insert is usually a perfecting
amendment (Deschler Ch 27 Sec. 16), and is not divisible. Rule XVI
clause 7. A motion to strike out and insert may be offered as a
perfecting amendment to a pending section of a bill, and is voted on
before a pending motion to strike that section. But, even if agreed
to, the perfected language is subject to being eliminated by
subsequent adoption of the motion to strike out in cases where the
perfecting amendment has not so changed the text as to render the
original motion to strike meaningless. Deschler Ch 27 Sec. 17.12
(note).
Sec. 5 . Motions to Strike
A motion proposing to strike out a section of a bill is in order
after perfecting amendments to the section are disposed of. If offered
first, the motion to strike is held in abeyance until perfecting
amendments have been disposed of. Sec. 21, infra. A motion proposing
to strike out a section which has been perfected, but not changed in
its entirety, is in order. Deschler Ch 27 Sec. 17.29. The motion to
strike, if adopted, strikes the entire section including provisions
added as perfecting amendments to that section. Deschler Ch 27
Sec. 31.1.
A motion to strike out the enacting clause of a bill is a
parliamentary motion used for rejecting the bill. Deschler Ch 27
Sec. 15. It takes precedence over a motion to amend the bill. Rule
XXIII clause 7. Manual Sec. 875.
Sec. 6 . Substitute Amendments
A ``substitute'' is a substitute for an amendment and not a
substitute for the original text. Deschler Ch 27 Sec. 18.1. See also 8
Cannon Sec. 2883. If a substitute amendment is adopted, the question
recurs on the amendment as amended by the substitute; but if the
substitute is rejected, the amendment is open to further amendment.
Deschler Ch 27 Secs. 25.1, 32.18. Substitute amendments are under Rule
XIX first degree amendments and as such are themselves subject to
amendment. Deschler Ch 27 Sec. 15.29.
A substitute for an amendment is in order so long as it is germane
thereto and proposes to make some change in the original language
being amended or in the amendment itself. 93-2, July 22, 1974, pp
24450, 24451, 24453. To qualify as a substitute, however, an amendment
must treat in the same manner the same subject carried by the
amendment for which it is of-
[[Page 19]]
fered. 8 Cannon Sec. 2879. Thus, a proposition not only inserting
similar language but also striking out original text from the bill may
be ruled out of order as a substitute--if it has the effect of
broadening the scope of the pending amendment in violation of the
germaneness rule. Deschler Ch 27 Sec. 18.6.
A substitute for a motion to strike out is not in order. Deschler
Ch 27 Sec. 18.8. Nor is a motion to strike out in order as a
substitute for a pending motion to strike out and insert (Deschler Ch
27 Sec. 17.18) or for a perfecting amendment to text generally
(Deschler Ch 27 Sec. 17.17).
A proposition contained in a substitute may sometimes be reoffered
in a different form after it has failed of approval. 8 Cannon
Sec. 2843.
A Member may not offer a substitute for his own amendment to a
bill. Deschler Ch 27 Sec. 18.22.
Sec. 7 . Amendments in Nature of a Substitute
An amendment in the nature of a substitute is an amendment which
is offered to the text of a bill; it generally replaces the entire
bill. It should be distinguished from a substitute amendment, which is
merely a substitute for another amendment that has been offered.
Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute takes the form of a
motion to strike out and insert. But the term ``amendment in the
nature of a substitute'' properly applies only to those motions which
propose to strike out an entire pending bill, though it is sometimes
used, less precisely, to describe motions proposing to strike out an
entire pending section or title of text and to insert new matter. It
should not be used to describe those motions to strike out and insert
which are properly characterized as ``perfecting amendments'' and
which go only to a portion of the pending text. Deschler Ch 27
Sec. 25. An amendment in the nature of a substitute for a pending bill
may be offered after the first section is read and is then open to
amendment in its entirety. Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute for a bill may be
proposed before perfecting amendments to the pending portion of the
original text have been offered, but may not be voted on until after
such perfecting amendments have been disposed of. 8 Cannon Sec. 2896;
Deschler Ch 27 Sec. 25.
Where an amendment in the nature of a substitute for a bill has
been adopted in Committee of the Whole, the stage of amendment is
passed and further amendments, including pro forma amendments for
debate, are not in order except by unanimous consent. Deschler Ch 27
Sec. 32.6. See also Manual Sec. 823.
[[Page 20]]
Sec. 8 . Pro Forma Amendments
Pro forma amendments have been in use during debate under the
five-minute rule since as early as 1868. 5 Hinds Sec. 5778. A pro
forma amendment is a procedural formality--a parliamentary device used
to obtain recognition during consideration of a bill being read for
amendment. Such an amendment does not contemplate any actual change in
the bill. While pro forma amendments are phrased to make some
superficial change in the language under consideration, such as ``to
strike the last word,'' the underlying purpose is merely to obtain
time for debate which might otherwise be prohibited because of the
time limitations of the five-minute rule (Rule XXIII clause 5).
Deschler Ch 27 Sec. 2. Nevertheless, a pro forma amendment must be
voted on unless withdrawn. 8 Cannon Sec. 2874; Manual Sec. 873a.
A Member who has occupied five minutes on a pro forma amendment:
<box> May not lengthen this time by making another pro forma
amendment. 5 Hinds Sec. 5222; 8 Cannon Sec. 2560.
<box> May not extend this time by offering a substantive amendment
while other Members are seeking recognition. Manual Sec. 873a.
<box> May rise in opposition to a pro forma amendment offered by
another Member when recognized for that purpose. Deschler Ch 27
Secs. 2, 2.21 (note).
Debate on a pro forma amendment must be confined to the portion of
the bill to which the pro forma amendment has been offered. Deschler
Ch 27 Secs. 2.5, 28.38. If the point of order is raised, a Member may
not under a pro forma amendment discuss a section of the bill not
immediately pending. Deschler Ch 27 Sec. 2.4.
A Member recognized to debate a pro forma amendment may not
allocate or reserve time. 103-2, July 13, 1994, p ____.
Sec. 9 . Precedence of Motion Generally
In General
A House rule specifies the motions that are in order when a
question is under debate in the House and assigns precedence to those
motions in the order named in the rule. The motion to amend is listed
in the fourth position, taking precedence over the motion to postpone
indefinitely. Under the rule, the motion to amend yields to the motion
to adjourn, to lay on the table, for the previous question, to
postpone to a day certain, and to refer. Rule XVI clause 4. Manual
Sec. 782. Since the motion to refer takes precedence over the motion
to amend (5 Hinds Sec. 5555), the motion to amend is not entertained
while the motion to refer is pending (6 Cannon Sec. 373).
[[Page 21]]
Explaining or Opposing an Amendment
In Committee of the Whole, under the five-minute rule where an
amendment is offered, the initial 10 minutes of debate--five for the
proponent to explain the amendment, five for a speech in opposition--
takes precedence over a motion to amend it. 4 Hinds Sec. 4751.
The Previous Question
In the House, a motion for the previous question takes precedence
over a motion to amend. 8 Cannon Sec. 2660; 90-1, Mar. 1, 1967, p
5038; 92-1, Nov. 8, 1971, p 39944; 96-1, July 24, 1979, p 20385. See
also Manual Sec. 825. Thus, the previous question may be moved pending
the offering of an amendment by a Member to whom the floor was yielded
for that purpose, and the previous question must be voted down before
that Member is recognized to offer the amendment. 92-1, Nov. 8, 1971,
p 39944. The previous question having been voted down, an amendment
may be offered, but if the amendment is ruled out on a point of order,
the previous question may again be moved and takes precedence over the
offering of another amendment. 91-1, Jan. 3, 1969, pp 25-27.
Once the proponent of an amendment has been recognized for debate,
he may not be taken from the floor by another Member seeking to move
the previous question. 90-2, May 8, 1968, p 12262. And a Member
recognized to debate a pro forma amendment may not be taken from the
floor by the motion for the previous question. 92-2, May 8, 1972, pp
16154, 16157.
The Motion to Strike the Enacting Clause
The motion to strike out the enacting clause takes precedence over
a motion to amend (8 Cannon Secs. 2622, 2628) and may be offered while
an amendment is pending (5 Hinds Sec. 5328; 8 Cannon Sec. 2624). See
also 94-1, Apr. 23, 1975, p 11513. However, the rejection of a
preferential motion to strike the enacting clause permits the offering
of proper amendments and this is so notwithstanding expiration of all
debate time on the bill. 98-1, July 29, 1983, pp 21675, 21676. In the
House, the motion is in the following form:
Mr. __________ moves to strike out the enacting clause (or the
resolving clause) of the bill.
In the Committee of the Whole, the motion must be phrased as a
recommendation, since only the House can directly reach the enacting
clause.
Mr. __________ moves that the Committee rise and report the bill
back to the House with the recommendation that the enacting clause
be stricken.
[[Page 22]]
In the Committee of the Whole, the motion is subject to debate
under the five-minute rule. Only two five-minute speeches are in
order, one in favor of, one in opposition to, the motion. While the
motion to strike out the enacting clause is pending, not even the pro
forma amendment to strike out the last word is entertained. 8 Cannon
Sec. 2627.
For general discussion of the motion to strike the enacting
clause, see Committee of the Whole.
The Motion to Rise
With one exception, in Committee of the Whole a motion to amend a
bill has precedence over a motion to rise and report it to the House
(4 Hinds Secs. 4752-4758), but yields to the simple motion that the
Committee rise (4 Hinds Sec. 4770). Where a general appropriation bill
has been completely read for amendment, a motion to rise and report,
if offered by the Majority Leader (or designee), takes precedence over
an amendment proposing a limitation. See Rule XXI clause 2(d). Manual
Sec. 834d.
Precedence as between particular forms of amendment, see Sec. 21,
infra.
Sec. 10 . Amending Other Motions
Generally
The motion to amend may be applied, with certain exceptions, to
other motions that are in order in the House or the Committee of the
Whole. 5 Hinds Sec. 5754; Manual Sec. 826. Unless precluded by the
operation of the previous question, the motion to amend may be applied
to a motion:
<box> To postpone (5 Hinds Sec. 5754; 8 Cannon Sec. 2824).
<box> To amend (5 Hinds Sec. 5754).
<box> To refer (5 Hinds Sec. 5754).
<box> To recommit (5 Hinds Sec. 5521; 8 Cannon Secs. 2695, 2738,
2762). See also 91-1, Aug. 11, 1969, p 23143.
<box> To recommit with instructions (8 Cannon Secs. 2698, 2699,
2712, 2759).
<box> For a recess (5 Hinds Sec. 5754).
<box> To fix the day to which to adjourn (5 Hinds Sec. 5383).
<box> To instruct conferees (8 Cannon Secs. 3231, 3240; 90-2, May
29, 1968, p 15499).
<box> To change the reference of a public bill if the amendment is
authorized by the appropriate committee (7 Cannon Sec. 2127;
Manual Sec. 854. But see 4 Hinds Sec. 4378).
When Not Permitted
A motion to amend may not be applied to a motion:
<box> For the previous question (Manual Sec. 452).
<box> To table (5 Hinds Sec. 5754).
[[Page 23]]
<box> To suspend the rules (5 Hinds Secs. 5405, 6858, 6859),
although a motion to suspend the rules and pass a measure may
include a proposed amendment to the measure (99-1, June 4,
1985, p 13986).
<box> To adjourn (5 Hinds Sec. 5754), as by specifying a particular
day (5 Hinds Sec. 5360).
<box> To go into the Committee of the Whole to consider a privileged
bill (6 Cannon Secs. 52, 724; Manual Sec. 826).
<box> To take up a designated bill in the Committee of the Whole (8
Cannon Sec. 2865).
<box> To strike out the enacting clause (8 Cannon Sec. 2626).
An amendment may not be offered to a motion against which a point
of order is pending. See Points of Order. For discussion of the
general rule that the motion to amend is not in order on questions on
which the previous question is operating, see Previous Question.
Amendments to conference reports, see Conferences Between the Houses.
Sec. 11 . Effect of Special Rule
Bills are frequently considered pursuant to the terms of a special
rule or resolution reported from the Committee on Rules which
specifies whether amendments may be offered to the bill, the kind and
number of amendments that may be offered, and the order of
consideration and voting thereon. Deschler Ch 27 Sec. 3. The Committee
on Rules may report a resolution providing procedures to govern the
consideration of a measure even where the measure is already pending
in Committee of the Whole. Deschler Ch 27 Sec. 3.77. See also Special
Rules.
Legislation may be considered:
<box> Under an ``open'' rule, which places no restrictions on
amendment.
<box> Under a ``closed'' rule, which limits amendments, e.g., to
those proposed by the reporting committee.
<box> Under a rule that is ``open in part'' or ``closed in part.''
<box> Under a ``modified open or closed'' rule combining features of
the foregoing.
Where a bill is being considered in the Committee of the Whole
under an ``open'' rule, germane amendments to the bill are in order
under the standing rules of the House. Deschler Ch 27 Sec. 3.7. Where
a bill is being considered under a ``closed'' rule permitting only
committee amendments and no amendments thereto, even pro forma
amendments are not in order. Deschler Ch 27 Sec. 3.34.
A ``modified closed rule'' sometimes permits only designated
amendments (93-1, Dec. 10, 1973, p 40489 [H. Res. 657]); or it may
prohibit the consideration of amendments relating to a particular
subject, such as amend-
[[Page 24]]
ments restricting use of funds for abortions (95-2, June 7, 1978, p
16657 [H. Res. 1220]).
The Committee of the Whole may not substantively restrict the
offering of amendments in contravention of a special rule adopted by
the House. 99-1, June 25, 1985, p 17201; Deschler Ch 27 Sec. 3; Manual
Sec. 887a. A unanimous-consent request may be entertained in Committee
of the Whole by the Chair if its effect is to allow procedures which
differ only in minor or incidental respects from the procedure
required by a special rule adopted by the House. Of course, the House
may, by unanimous consent, delegate to the Committee of the Whole
authority to entertain unanimous-consent requests to change procedures
contained in such a rule. Deschler Ch 27 Sec. 3.29 (note).
A special rule may waive points of order against a bill or against
specified amendments thereto. Deschler Ch 27 Sec. 3. Such a waiver
will not be implied. A special rule merely ``making in order'' an
amendment offered by a designated Member but not specifically waiving
points of order does not permit consideration of the amendment unless
in conformity with the general rules of the House. Deschler Ch 27
Sec. 3.72 (note). A waiver of points of order against a bill does not
apply to amendments offered from the floor. Deschler Ch 27 Sec. 3.
The so-called ``self-executing'' special order has been applied in
recent years to expedite the amendment process. A special rule has
been reported to the House which provided that an amendment striking
language in the bill ``shall be considered to have been adopted.'' 99-
2, July 27, 1986, pp 17603, 17604. The Committee on Rules has also
reported rules which have ``self-executed'' the adoption of nongermane
amendments. 103-1, Feb. 24, 1993, p ____; 103-1, July 27, 1993, p
____.
Sec. 12 . -- Amendments Printed in the Record
Where a Member seeks recognition to offer an amendment under a
special rule which permits only germane amendments which have been
printed in the Congressional Record, the amendment must qualify under
the rule. 95-1, Sept. 23, 1977, p 30530. An amendment similar but not
identical to the text of an amendment printed in the Record has been
held out of order under such a rule. 93-2, Feb. 6, 1974, p 2368.
Unanimous consent is required to offer an amendment which differs in
any way from an amendment permitted under the rule. Deschler Ch 27
Sec. 3.25; 94-2, Sept. 1, 1976, pp 28871, 28872, 28877; 95-1, Oct. 27,
1977, pp 35385, 35386.
Where a special rule restricts the offering of amendments to those
printed in the Congressional Record but does not specify the Members
who must
[[Page 25]]
offer them, the right to propose amendments properly inserted in the
Record inures to all Members. 93-2, Mar. 26, 1974, pp 8229, 8233,
8243.
A special rule prohibiting amendments to a bill except those
printed in the Congressional Record does not apply to amendments to
amendments unless so specified. Deschler Ch 27 Sec. 3.13.
B. Permissible Pending Amendments
Sec. 13 . Generally; The Stages of Amendment
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
The checklist below and the appended chart show the four common
motions that may be pending simultaneously under Rule XIX (5 Hinds
Sec. 5753) and the order in which they are voted on (see also Sec. 28,
infra):
<box> To amend the text (4)
<box> To amend the proposed amendment (1)
<box> To amend by a substitute (3)
<box> To amend the substitute (2)
Generally, only one amendment to the text may be pending at any
one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that
amendment is offered, however, the other three forms of amendment
shown above may be offered and all four amendments may be pending at
one time. 5 Hinds Sec. 5753; 8 Cannon Sec. 2883; 27 Deschler Ch 27
Sec. 1.
The amendments shown in the chart are amendments in the first or
second degree. Amendments beyond the second degree, such as an
amendment
[[Page 26]]
to the amendment to the amendment to the pending text, are not in
order. See Sec. 14, infra. Frequently, however, as by special rule, an
amendment in the nature of a substitute may be considered as an
original text for purposes of amendment, thereby extending the
permissible degrees of amendment. Deschler Ch 27 Sec. 1. Indeed a
special rule reported from the Committee on Rules may specifically
permit the offering of amendments beyond the second degree. 94-1, Feb.
27, 1975, p 4593. In one instance in 1979, pursuant to special rule,
up to eight amendments were pending simultaneously to the pending
text. 96-1, May 15, 1979, pp 1050 et seq.
There is no limit to the number of amendments that may be offered
either to an amendment or to a substitute; when one second degree
amendment has been disposed of, another can be offered. Deschler Ch 27
Sec. 5.16. And where both an amendment and a substitute have been
offered, each may have one amendment pending to it at one time.
Deschler Ch 26 Secs. 5.14, 5.15.
Perfecting the Original Text
It is in order to offer a perfecting amendment to the pending
portion of original text, even though there is pending an amendment in
the nature of a substitute for the pending measure. Deschler Ch 27
Sec. 5.34. Likewise, where there is pending a motion to strike a title
of a bill, perfecting amendments to that title may nevertheless be
offered and voted on prior to voting on the motion to strike. Deschler
Ch 27 Sec. 5.11.
Amending Pending Amendments
Only one amendment to a pending amendment may be pending at one
time. Deschler Ch 27 Secs. 5.7, 5.17, 5.24; 96-1, Apr. 9, 1979, p
7763. But as soon as an amendment to an amendment is adopted or
rejected another is in order seriatim until the amendment is
perfected; and only after disposition of the amendment will further
amendment of the bill be allowed. Deschler Ch 27 Sec. 5.5.
Amending Substitute Amendments
A substitute for an amendment is subject to amendment. Deschler Ch
27 Secs. 5.3, 5.4. Thus, where an amendment, an amendment thereto, and
a substitute for the original amendment are pending, it is in order to
offer an amendment to the substitute. Deschler Ch 27 Sec. 5.13. Other
amendments to the substitute are in order following disposition of the
pending amendment to the substitute. Deschler Ch 27 Sec. 5.25.
[[Page 27]]
Amending Amendments in the Nature of a Substitute
When properly made in order, an amendment in the nature of a
substitute may be considered as original text for purposes of
amendment. Accordingly, where pursuant to a special rule a committee
amendment in the nature of a substitute is being read as original text
for purpose of amendment, there may be pending to that text (1) an
amendment, (2) a substitute therefor, and (3) amendments to both the
amendment and the substitute. Deschler Ch 27 Sec. 5.32. See also 91-2,
Dec. 2, 1970, p 39500. And as often as amendments to the amendment are
disposed of, further amendments may be offered and voted upon prior to
voting on the amendment to the substitute. Deschler Ch 27 Sec. 5.21.
Sec. 14 . Amendments in the Third Degree
The following chart shows the four common forms of amendments in
the first or second degree and distinguishes them from amendments in
the third degree.
Amendments in the third degree are not in order. 5 Hinds
Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line
must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has
drawn it after the amendment to the amendment.'' Manual Sec. 454. This
principle is reflected in Rule XIX (Manual Sec. 822) and is considered
fundamental in the House of Representatives. Deschler Ch 27 Sec. 6.
Thus, as shown by the chart, an amendment to an amendment to an
amendment is in the third degree and not in order. Deschler Ch 27
Sec. 6.2; 89-1, Aug. 18, 1965, pp 20938, 20943; 95-1, July 27, 1977, p
25252. Until the amendment to the amendment is disposed of, no further
amendment to the amendment may be offered. Deschler Ch 27 Sec. 6.12;
88-1, Apr. 29, 1963, p 7242.
The prohibition against amendments in the third degree also
applies to amendments between the House and Senate. If a bill
originating in one House is amended by the other, the originating
House may amend the amendment, and the second House may again amend.
Any further amendment between the Houses would be in the third degree
(Manual Sec. 529). 93-1, Oct. 18, 1973, p 34699.
Substitutes for Pending Amendments Distinguished
As shown by the following chart, a substitute for a pending first
degree amendment is subject to amendment (98-1, May 4, 1983, p 11074),
whereas a perfecting amendment to an amendment is not, as that would
be in the third degree (96-1, Mar. 8, 1979, pp 4507, 4508, 4510). The
substitute permitted by Rule XIX is an alternative to the original
first degree amendment
[[Page 28]]
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
[[Page 29]]
and not for the amendment to that amendment. Indeed, when an amendment
and a perfecting amendment thereto are pending, neither an amendment
to, or substitute for, the perfecting amendment is in order, being in
the third degree. Deschler Ch 27 Sec. 6.2; 96-1, Apr. 9, 1979, p 7763.
While a perfecting amendment to a pending substitute should retain
some portion of the substitute so as not to be in effect a substitute
in the third degree, the Chair does not look behind the form of the
amendment in the absence of a timely point of order from the floor.
Deschler Ch 27 Sec. 6.21.
Amendments in the Nature of a Substitute
Normally, an amendment to or a substitute for an amendment to an
amendment in the nature of a substitute would be in the third degree
and not in order. This principle, however, would not apply if the
amendment in the nature of a substitute were being considered as
original text for purposes of amendment. Deschler Ch 27 Sec. 6.15
(note). Where an amendment in the nature of a substitute is considered
as original text for the purpose of amendment, pursuant to a special
order, an amendment to an amendment thereto is not in the third degree
and is in order. Deschler Ch 27 Sec. 6.18.
Amendments While Motion to Strike Pending
While a motion to strike out is pending, it is in order to offer
an amendment to perfect the language proposed to be stricken out; such
a perfecting amendment (which is in the first degree) may be amended
by a substitute (also in the first degree), and amendments to the
substitute are then in the second degree and in order. Deschler Ch 27
Sec. 6.20.
Pro Forma Amendments
In the Committee of the Whole, pro forma amendments are
technically not in order where the four permitted amendments are
pending if the point of order is raised, as they would constitute
amendments in the third degree. But Chairmen have hesitated to rule
out of order pro forma amendments as being in the third degree since
the Committee has the power to close debate when it chooses, and has
permitted such amendments to be offered by unanimous consent. Deschler
Ch 27 Sec. 6.22. See also 79-2, Feb. 4, 1946, p 848.
C. When to Offer Amendment; Reading for Amendment
Sec. 15 . In General; Reading by the Clerk
Amendments are not in order in Committee of the Whole until
general debate has been closed. 4 Hinds Sec. 4744. Amendments are then
taken up
[[Page 30]]
under the five-minute rule. Rule XXIII clause 5(a). Manual Sec. 870.
The bill is read for amendment, and amendments are offered and debated
at the appropriate point in the reading. Thus, when a bill is being
read for amendment in the Committee of the Whole by sections, it is
not in order to offer amendments except to the one section under
consideration. Deschler Ch 27 Sec. 7. And after a section or paragraph
has been passed it is no longer subject to amendment. Manual
Secs. 413, 872.
Bills are ordinarily read for amendment by sections or paragraphs
in sequence, but by unanimous consent the Committee of the Whole may
vary the order in which the portions of a bill are read for amendment
under the five-minute rule. 96-1, Sept. 12, 1979, p 24204. Indeed, the
reading of a bill may be entirely dispensed with by unanimous consent.
Deschler Ch 27 Secs. 7.1, 7.18.
House Practice Distinguished
In the House, amendments to measures on the House Calendar are
made where the Member calling up the measure yields for an amendment,
or if the previous question is not moved or ordered, pending the
engrossment and third reading. 5 Hinds Sec. 5781; 7 Cannon Sec. 1051;
Deschler Ch 27 Sec. 13.3. Amendments may be offered to any part of the
bill without proceeding consecutively section by section or paragraph
by paragraph. 4 Hinds Sec. 3392.
Practice in House as in Committee of the Whole
Where a bill is by unanimous consent considered in the House as in
the Committee of the Whole, the bill is considered as read and open to
amendment at any point under the five-minute rule. Deschler Ch 27
Sec. 11.22; 91-2, Aug. 10, 1970, p 28050. And this is so despite the
fact that the House has previously adopted a special order providing
that the bill be read by title in the Committee of the Whole. Deschler
Ch 27 Sec. 7.2.
Sec. 16 . Amendments to Text Passed in the Reading
In the Committee of the Whole amendments to a section are in order
after the section has been read or the reading dispensed with (89-1,
June 29, 1965, p 15162) and remain in order until the reading of the
next portion to be considered (96-1, Sept. 13, 1979, p 24425).
Generally, an amendment comes too late when the Clerk has read beyond
the section to which the amendment applies. Deschler Ch 27 Sec. 8.1;
102-2, June 30, 1992, p ____. See also 8 Cannon Sec. 2930.
An amendment offered as a new section is in order to a bill being
read by sections after the Clerk has read up to, but not beyond, the
point at which the amendment would be inserted. The amendment must be
offered
[[Page 31]]
after the consideration of the section of the bill which it would
follow, and comes too late after the next section of the bill has been
read for amendment. 93-2, July 2, 1974, pp 22026, 22028; Deschler Ch
27 Sec. 8.17. A section is considered passed for the purpose of
amendment after an amendment inserting a new section has been adopted
following that section. Deschler Ch 27 Sec. 8.12. An amendment adding
a new section at the end of a bill is in order after the last section
of the bill has been read even though other amendments adding new
sections have been adopted. 95-2, Aug. 14, 1978, p 29563.
A point of order as to the timeliness of an amendment may not be
raised in such a way as to deprive a Member of a timely opportunity to
present an amendment. A point of order that an amendment to a section
or a paragraph of a bill comes too late does not lie where the Member
offering the amendment was standing and seeking recognition before the
section or paragraph was passed in the reading. 95-2, June 8, 1978, p
16779. (For a similar ruling, see Deschler Ch 27 Sec. 8.22.) And the
Chair has on occasion directed the Clerk to reread a paragraph of a
bill where there was doubt as to how far the Clerk had read. Deschler
Ch 27 Sec. 8.4.
Sec. 17 . Amendments to Text Not Yet Read; Amendments En Bloc
It is not in order to strike out (93-1, July 25, 1973, p 25829) or
otherwise amend portions of a bill not yet read for amendment
(Deschler Ch 27 Sec. 9.1; 102-2, June 30, 1992, p ____). Even
committee amendments printed in a bill are not considered until the
section where they appear is read for amendment. Deschler Ch 27
Sec. 9.4. Amendments to a pending title of a bill and to a subsequent
title may be offered en bloc only by unanimous consent. Deschler Ch 27
Sec. 9.13. Similarly, to a bill being read for amendment by sections,
amendments to more than one section may be considered en bloc by
unanimous consent only. 95-1, Oct. 5, 1977, p 20523.
In the 104th Congress, clause 2(f) of Rule XXI was added to permit
the offering of certain ``budget neutral'' amendments when an
appropriation bill is being read for amendment. Such amendments are
made in order en bloc even if they affect paragraphs in the
appropriation bill not yet read for amendment. Such amendments are not
subject to division. Manual Sec. 834f.
Sec. 18 . Amendments to Bills Considered as Read and Open to Amendment
Unless permitted by special order (95-1, Aug. 2, 1977, p 26124), a
bill may be considered as read and open to amendment at any point only
by unanimous consent; a motion to that effect is not in order.
Deschler Ch 27
[[Page 32]]
Sec. 11.2. Similarly, during the reading of a section for amendment,
that section can be considered as read and open to amendment at any
point only by unanimous consent. Deschler Ch 27 Sec. 11.4. Where such
consent is granted, amendments may then be offered to any portion of
the bill not yet read for amendment at the time the permission is
granted. Deschler Ch 27 Sec. 11.9. Of course, amendments remain in
order to that portion of the bill pending when the request was
granted. 94-1, Apr. 23, 1975, p 11546; 94-1, June 4, 1975, p 16899.
But an agreement that the remainder of the bill be considered read and
open for amendment at any point does not admit an amendment to a
portion of the bill already passed in the reading. Deschler Ch 27
Sec. 11.8.
Sec. 19 . Amendments in the Nature of a Substitute
An amendment in the nature of a substitute for a bill is in order
after the first section (or paragraph) of the bill has been read for
amendment (Deschler Ch 27 Secs. 12.1, 12.2; 95-2, Mar. 20, 1978, p
7559) or following the reading of the final section (or paragraph) of
the bill (91-2, Apr. 14, 1970, p 11649; Deschler Ch 27 Sec. 12.4). To
a bill being read for amendment by titles, an amendment in the nature
of a substitute for the entire bill may be offered either after the
reading of the ``short title'' of the bill (which is normally a
separate section of the bill preceding title I) or at the conclusion
of the reading of the whole bill. Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute for a bill is not in
order at an intermediate stage of the reading. Deschler Ch 27
Sec. 12.10 (note). See also 95-1, Sept. 29, 1977, p 31543. Of course,
if the bill is considered as having been read for amendment, then an
amendment in the nature of a substitute may be offered at any time
during consideration of the bill. 95-1, Mar. 29, 1977, p 9353.
While an amendment in the nature of a substitute may ordinarily be
offered after the reading of the first section of a bill being read by
sections and prior to committee amendments adding new sections, where
a bill consists of one section and is therefore open to amendment at
any point when read, committee amendments adding new sections are
considered perfecting amendments and are disposed of prior to the
offering of amendments in the nature of a substitute. 94-1, Nov. 7,
1975, p 35525.
An amendment in the nature of a substitute is in order after an
entire bill has been read and perfecting amendments have been adopted
thereto, as long as such perfecting amendments have not changed the
bill in its entirety. Deschler Ch 27 Sec. 12.16. Similarly, an
amendment in the nature of a substitute may be offered for a bill (or
for an amendment being considered
[[Page 33]]
as original text) after the reading thereof has been completed, if
another amendment in the nature of a substitute has not been
previously adopted. 95-2, May 18, 1978, p 14391.
Sec. 20 . Recognition to Offer Amendments; Priority
Necessity of Recognition
It being fundamental that recognition rests with the Chair (2
Hinds Sec. 1422), a Member wishing to offer an amendment must first be
recognized by the Chair for that purpose. Deschler Ch 27 Sec. 4.1. It
is for this reason that a Member holding the floor under the five-
minute rule may not yield to another Member to offer an amendment.
Deschler Ch 27 Sec. 4.6.
Discretion of Chair
Except in cases where he is governed by a special order adopted by
the House (Deschler Ch 27 Sec. 4.35), recognition for the purpose of
offering amendments is within the discretion of the Chair (Deschler Ch
27 Sec. 4.2). No point of order lies against the Chair's recognition
of one Member over another (where the special order governing the
consideration of the bill is silent in this respect). 96-1, June 21,
1979, pp 15999, 16000; Deschler Ch 27 Sec. 4.19. Nevertheless, in the
absence of a controlling special order, the Chair ordinarily follows
the many precedents and practices that serve as guidelines to the
Chair in according recognition to Members to offer amendments.
Deschler Ch 27 Sec. 4.35. For example, the Chair may accord
recognition pursuant to the principle of alternation between majority
and minority parties or on the priority of perfecting amendments over
motions to strike. 96-1, June 21, 1979, pp 15999, 16000.
Priority of Committee Amendments
Amendments recommended by a committee reporting a bill are
normally considered before amendments offered from the floor (97-2,
Dec. 1, 1982, pp 28206, 28207), even where the bill is considered read
and open to amendment (Deschler Ch 27 Sec. 4.34). Thus, perfecting
committee amendments to a paragraph under consideration are disposed
of before amendments from the floor are considered. Deschler Ch 27
Sec. 4.33.
Committee Membership as Basis for Recognition
In recognizing Members to offer amendments in the Committee of the
Whole, preference is ordinarily given to members of the committee
reporting the bill, if on their feet seeking recognition. Deschler Ch
27 Sec. 4.8. Members of the committee reporting a pending bill are
entitled to prior recogni-
[[Page 34]]
tion over noncommittee members despite their party affiliation.
Deschler Ch 27 Sec. 4.10.
Members of the reporting committee or committees are normally
accorded prior recognition in order of full committee seniority
(Deschler Ch 27 Secs. 4.11, 4.13) and not by the sequence of lines in
the pending paragraph to which those amendments may relate. Deschler
Ch 27 Sec. 4.30. It is within the discretion of the Chair as to
whether he will first recognize a majority or minority member of the
committee. Deschler Ch 27 Sec. 4.18.
Effect of Parliamentary Inquiries
The fact that the Chair has recognized a Member to raise a
parliamentary inquiry does not prohibit the Chair from then
recognizing the same Member to offer an amendment, and the principle
of alternation of recognition does not require the Chair to recognize
a Member from the minority to offer an amendment after recognizing a
Member from the majority to raise a parliamentary inquiry. Deschler Ch
27 Sec. 4.13 (note).
D. Offering Particular Kinds of Amendments; Precedence and Priorities
Sec. 21 . Introductory; Perfecting Amendments
Generally, the House follows the Jeffersonian principle that
language should be perfected before taking other action on it.
Deschler Ch 27 Sec. 15. ``[T]he friends of the paragraph'' Jefferson
wrote, ``may make it as perfect as they can by amendments before the
question is put for inserting it. . . . In like manner, if it is
proposed to amend by striking out a paragraph, the friends of the
paragraph are first to make it as perfect as they can by amendments,
before the question is put for striking it out.'' Manual Sec. 469. An
important exception to this rule is that a motion to strike out the
enacting words of a bill, being a device used for purposes of
rejecting the bill, has precedence over a motion to amend the bill.
Rule XXIII clause 7. Manual Sec. 875.
A motion to strike and a perfecting amendment may be pending
simultaneously. They must be voted on separately in a specified order
(Sec. 28, infra), and they may not be offered as amendments to or
substitutes for one another. But they need not be offered in the order
in which they are voted on. Deschler Ch 27 Sec. 15.1. When a motion to
strike out a pending portion of a bill is pending, perfecting
amendments are in order to the text proposed to be stricken--not to
the motion to strike. Deschler Ch 27 Sec. 15.13.
[[Page 35]]
Precedence Over the Motion to Strike
A perfecting amendment to the text of a bill is in order and takes
precedence over a pending motion to strike out the text, and is first
acted upon. Deschler Ch 27 Secs. 15.3, 15.4; 91-2, Mar. 19, 1970, p
8188; 95-1, Oct. 3, 1977, p 32017. Thus, an amendment inserting new
words is in order and takes precedence over a pending motion to strike
out that portion of the text. Deschler Ch 27 Sec. 15.7; 95-1, Feb. 24,
1977, p 5370.
Perfecting amendments to a paragraph may be offered (one at a
time) while a motion to strike out the paragraph is pending, and such
perfecting amendments are first disposed of. Deschler Ch 27
Secs. 15.5, 15.15; 89-2, Mar. 29, 1966, pp 7104-06, 7118. Under this
rule, where a perfecting amendment is offered and rejected, a second
perfecting amendment may be offered prior to the vote on a motion to
strike out. 87-2, Apr. 10, 1962, pp 6167-69. And if the motion to
strike out is ultimately defeated, further perfecting amendments to
the pending text are yet in order. Deschler Ch 27 Sec. 15.8; 89-2,
Aug. 3, 1966, p 18136.
While a motion to strike a pending portion of a bill will be held
in abeyance until perfecting amendments to that portion are disposed
of (102-2, May 5, 1992, p ____), a Member who has been recognized to
debate his motion to strike may not be deprived of the floor by
another Member who seeks to offer a perfecting amendment; after the
Member so recognized has completed his five minutes in support of his
motion to strike, but before the question is put on the motion to
strike, the perfecting amendment may be offered and voted upon.
Deschler Ch 27 Sec. 15.11.
Whether or not preferential perfecting amendments to the pending
text, offered pending a motion to strike that text, are adopted or
rejected, a vote still must be taken on the motion to strike (assuming
that the perfecting amendments do not change the entire text pending).
Deschler Ch 27 Sec. 15.24. But if perfecting amendments are agreed to,
and are coextensive with the material proposed to be stricken, the
motion to strike out the amended text falls and is not acted on.
Deschler Ch 27 Sec. 15.25.
Precedence Over Amendment in the Nature of a Substitute
Where a bill consists of several sections, an amendment in the
nature of a substitute should be offered after the reading of the
first section and following disposition of perfecting amendments to
the first section. Deschler Ch 27 Sec. 15.40 (note). Indeed, a
perfecting amendment to the first section of a bill may be offered
while an amendment in the nature of a substitute for the entire bill
is pending. Deschler Ch 27 Sec. 15.32. And a perfecting amendment to a
pending paragraph of a bill is in order and is not precluded
[[Page 36]]
by the intervention of an amendment in the nature of a substitute for
the paragraph and several of those following. Deschler Ch 27
Sec. 15.33.
Sec. 22 . Motions to Strike
Amendments proposing to strike out a section of a bill are in
order after perfecting amendments to the section are disposed of.
Deschler Ch 23 Sec. 17.3; 93-2, Dec. 10, 1974, pp 38749 et seq. A
motion to strike out a section or paragraph is not in order while a
perfecting amendment is pending. Deschler Ch 27 Secs. 16.6, 17.1; 88-
1, Dec. 16, 1963, pp 24753, 24755; 93-2, June 5, 1974, pp 17868,
17869. The motion to strike out, if already pending, must remain in
abeyance until the amendment to perfect has been moved and voted on. 5
Hinds Sec. 5758; 8 Cannon Sec. 2860; Manual Sec. 469. Since a
provision must be perfected before the question is put on striking it
out, a motion to strike out a paragraph or section may not be offered
as a substitute for a pending motion to perfect the paragraph or
section. 88-1, Dec. 16, 1963, pp 24753, 24755; 93-2, June 5, 1974, pp
17868, 17869. And this is true even where the pending perfecting
amendment is a motion to strike out and insert new text. 89-2, Oct.
14, 1966, p 26966; 90-2, June 4, 1968, p 15889. However, while the
motion to strike out is not in order in this situation as a
substitute, it may be offered after disposition of the perfecting
amendment to strike out and insert if more comprehensive in scope. 96-
1, July 25, 1979, pp 20623, 20624.
While an amendment which has been agreed to may not be modified, a
proposition to strike it from the bill with other language of the
original text is in order. 8 Cannon Sec. 2855. Thus, if the pending
title of a bill is perfected by an amendment adding a new section
thereto, and the Committee of the Whole thereafter agrees to a motion
to strike out the entire title, the words added by the perfecting
amendment are eliminated along with the rest of the title. 91-1, Oct.
3, 1969, p 28454.
To a motion to strike out certain text and insert new language, a
simple motion to strike out all that text may not be offered as an
amendment, as it would have the effect of dividing the motion to
strike out and insert which is prohibited by Rule XVI clause 7. 93-2,
July 25, 1974, pp 25240, 25241. See also 96-1, June 19, 1979, pp
15566-68.
Motion to strike unfunded federal mandate, see Rule XXIII clause
5(c). See also Sec. 49, infra.
Sec. 23 . Motions to Strike Out and Insert
As a perfecting amendment, a motion to strike out and insert takes
precedence over a pending motion to strike out. 8 Cannon Sec. 2849. It
may be
[[Page 37]]
offered while the motion to strike out is pending and is first acted
upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed
to, and is coextensive with the motion to strike, the motion to strike
out the amended text falls and is not acted on. Deschler Ch 27
Sec. 16.4.
By House rule, a motion to strike out and insert is indivisible.
Rule XVI clause 7. Manual Sec. 793. For this and other reasons, a
motion to strike out is not in order as a substitute for a pending
motion to strike out and insert. Deschler Ch 27 Sec. 17.18.
Conversely, a motion to strike out and insert a portion of a pending
section is not in order as a substitute for a motion to strike out the
section, but may be offered as a perfecting amendment to the section
and is first voted upon, subject to being eliminated by subsequent
adoption of the motion to strike out. 97-1, July 16, 1981, p 10658.
Sec. 24 . Substitute Amendments
Generally
A ``substitute'' is a substitute for an amendment, and not a
substitute for the original text. Sec. 6, supra. A substitute can be
entertained only after an amendment is pending. 8 Cannon Sec. 2883. In
the Committee of the Whole, the proper time to offer a substitute for
an amendment is after the amendment has been read and the Member
offering it has been permitted to debate it under the five-minute
rule. Deschler Ch 27 Sec. 18.2. The substitute is then in order until
the Chair puts the question on the amendment. Deschler Ch 27
Sec. 18.3.
Substitutes for Amendments in the Nature of a Substitute
An amendment in the nature of a substitute is subject to amendment
by a substitute therefor (Deschler Ch 27 Sec. 18.18), and the
substitute is in order even after perfecting amendments have been
adopted to the amendment in the nature of a substitute. See Deschler
Ch 27 Sec. 18.19.
Reoffering Substitute Propositions
Whether a proposition contained in a substitute may be reoffered
in a different form after it has failed of approval depends on the
circumstances. If the language of the substitute is reoffered in such
a way as to present precisely the same question that has already been
voted on, it would not be in order. Where an amendment is altered by
adoption of a substitute, and then is rejected as so amended, the
language of the substitute cannot be reoffered at that point as a
first degree amendment. See Deschler Ch 27 Sec. 18.25 and note.
Clearly, however, where the actual proposition was never voted on
because of changes made through the amendment process, the proposition
may be offered again as, for example, an amendment to text.
[[Page 38]]
Where an amendment is offered, and then a substitute for that
amendment, the consideration of that substitute necessarily proceeds
with reference only to the particular amendment to which offered. This
may present a different question from that which would arise if the
language of the substitute were considered with reference to the text
of the bill. Compare 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and
Deschler Ch 27 Sec. 18.25 (note). See also Manual Sec. 823.
Sec. 25 . Offering Amendments During Yielded Time
In the House
A measure being considered in the House is not subject to
amendment unless the Member in control yields for that purpose (89-1,
Jan. 4, 1965, p 20) or the previous question is either not moved or is
rejected (see Sec. 26, infra). Ordinarily, an amendment to the measure
may be offered only by the Member having the floor unless he yields
for that purpose; and it is within the discretion of the Member in
charge whether, and to whom, he will yield. Deschler Ch 27 Sec. 13.3.
An amendment may not be offered in time yielded for debate only. 8
Cannon Sec. 2474; Deschler Ch 27 Sec. 13.1.
A Member controlling debate in the House on a measure may yield to
another to offer an amendment (8 Cannon Sec. 2470; 89-1, Sept. 17,
1965, p 24290), despite his prior announced intention not to yield for
such purpose (92-1, Apr. 29, 1971, pp 12489, 12504). The Member so
yielded to may then offer an amendment, be recognized for an hour, and
may himself yield time. 89-1, Sept. 17, 1965, p 24290.
A Member who has the floor in debate in the House may not yield to
another Member to offer an amendment without losing control of his
time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment
he loses his right to resume. 5 Hinds Sec. 5031. However, a Member may
yield to permit an amendment to be read for information without losing
control of his time. 8 Cannon Sec. 2477.
In Committee of the Whole
A Member recognized under the five-minute rule may not yield to
another Member to offer an amendment. 93-1, Apr. 19, 1973, p 13240;
95-2, May 18, 1978, p 14410; 95-2, July 13, 1978, p 20653. A Member
wishing to offer an amendment under the five-minute rule must seek
recognition from the Chair and may not be yielded the floor for that
purpose by another Member. Deschler Ch 27 Sec. 13.7.
[[Page 39]]
Sec. 26 . Effect of Previous Question; Expiration of Time for Debate
Generally; House Practice
After the previous question has been moved or ordered on a bill
and pending amendments, further amendments may not be offered. 5 Hinds
Secs. 5486, 5487. The demand for the previous question cuts off
further amendments unless the previous question is rejected. Deschler
Ch 27 Sec. 14.1; 89-1, Jan. 4, 1965, p 19. And the adoption of the
previous question on a proposition precludes further debate or
amendment and brings the House to an immediate vote thereon. 86-2,
Aug. 26, 1960, p 17869; 96-1, July 24, 1979, pp 20385, 20412, 20413.
The previous question may be moved (1) on a pending amendment, or
(2) on the measure to which offered, or (3) on both propositions. See
Previous Question. Thus, where the previous question is ordered in the
House on a pending resolution and the amendment thereto, the vote
immediately recurs on the adoption of the resolution after the
disposition of the amendment, and no intervening amendment is in
order. Deschler Ch 27 Sec. 14.3. However, a motion to commit may be in
order under Rule XVII. Manual Secs. 804, 808. See Refer and Recommit.
The previous question is sometimes ordered on undebatable motions
for the specific purpose of preventing amendments thereto. 5 Hinds
Sec. 5490. An amendable motion offered in the House is not subject to
amendment after the previous question has been ordered thereon. 95-2,
Feb. 22, 1978, p 4074.
Expiration of Debate Time in Committee of the Whole
An amendment to a pending section of a bill being considered in
the Committee of the Whole may be offered notwithstanding the
expiration of all time for debate on the section and any amendments
thereto. Deschler Ch 27 Sec. 14.9. By House rule (Rule XXIII clause 6,
Manual Sec. 874) the expiration of a limitation on debate under the
five-minute rule does not prohibit the offering of further amendments,
but such amendments are not subject to debate (if not printed in the
Congressional Record). Deschler Ch 27 Sec. 14.10. See also
Consideration and Debate.
[[Page 40]]
E. Consideration and Voting
Sec. 27 . In General; Reading of Amendment
Generally
Amendments to a bill must be read in full (8 Cannon Sec. 2339) or
their reading dispensed with in accordance with the rules, and this is
so even where the bill itself is considered as having been read for
amendment pursuant to a special rule (Deschler Ch 27 Sec. 22). The
reading of an amendment must be completed before an amendment thereto
is in order. 87-2, Jan. 23, 1962, p 759; 88-2, Feb. 20, 1964, p 3217.
Amendments at the Clerk's desk must be offered by a Member before
they will be read by the Clerk. 93-1, Dec. 14, 1973, p 41731. They
need not be reoffered after they have been reported by the Clerk
notwithstanding suspension of consideration of the bill. Where the
Committee of the Whole resumes its consideration of a bill after an
interval of time, the Chair sometimes (without objection) directs the
Clerk to rereport the amendments which were pending at the time the
Committee rose. 91-2, May 6, 1970, p 14418.
Numbering Amendments
Beginnning in the 104th Congress, amendments printed in the Record
are numbered in the order submitted for printing (Rule XXIII clause
6).
Dispensing With Reading
The reading of an amendment may be dispensed with by unanimous
consent (94-2, Feb. 9, 1976, p 2872) or waived pursuant to the
provisions of a special rule (95-2, Oct. 6, 1978, p 34087). The
reading of an amendment in the Committee of the Whole may also be
dispensed with by motion, if the amendment has been printed in the
bill as reported, or if printed in the Record and submitted one day
prior to floor consideration to the committee or committees reporting
the bill. Rule XXIII clause 5. Manual Sec. 873b.
Rereading Amendments
An amendment which has been once read may not be read again except
by unanimous consent. Deschler Ch 27 Sec. 22.2; 90-1, Mar. 1, 1967, pp
5036-38. It is not within the province of the Chair to analyze the
effect of amendments, and the Chair has declined to ask unanimous
consent that the Clerk read the ``differences'' between two pending
amendments. 95-1, Apr. 6, 1977, p 10773.
[[Page 41]]
Amendment in Nature of Substitute
The reading of an amendment in the nature of a substitute must be
completed before an amendment thereto is in order. Deschler Ch 27
Sec. 22.5. An amendment in the nature of a substitute is not read by
sections in the absence of a special rule which specifies to the
contrary, and is open to amendment at any point when read in its
entirety. Deschler Ch 27 Sec. 22.6; 96-1, Dec. 18, 1979, pp 36791,
36793, 36794. Where, pursuant to a special rule, an amendment in the
nature of a substitute is being read as an original bill for the
purpose of amendment, the amendment is read section by section, and
substantive as well as pro forma amendments are in order following the
reading of each section. 88-2, Feb. 26, 1964, p 3641.
Sec. 28 . Order of Consideration Generally
Voting Sequence
The four forms of amendment permitted by Rule XIX may be pending
simultaneously. Sec. 13, supra. However, as shown by the appended
chart, they must be voted on in the sequence shown, as follows: (1)
amendments to the amendment, if any, are disposed of first, seriatim,
until the amendment is perfected; (2) amendments to the substitute are
next voted on, seriatim, until the substitute is perfected; (3) the
substitute is next voted on; (4) the amendment is voted on last, so
that if the substitute has been agreed to, the vote is on the
amendment as amended by the substitute. Rule XIX. Manual Sec. 822. See
also Deschler Ch 27 Sec. 23, and 95-2, May 18, 1978, p 14393.
A perfecting amendment to an amendment must be offered before the
vote on the amendment. 98-1, May 4, 1983, p 11074. Once a perfecting
amendment to an amendment is disposed of, the original amendment, as
amended or not, remains open to further perfecting amendment, and all
such amendments are disposed of prior to voting on substitutes for the
original amendment and amendments thereto. Deschler Ch 27 Sec. 23.9;
102-1, June 19, 1991, p ____.
Disposition of the perfecting amendment to the substitute does not
preclude the offering of further amendments to the amendment. 96-1,
May 15, 1979, p 11180. But when the substitute is adopted, the vote
recurs immediately upon the original amendment as amended by the
substitute, and further perfecting amendments (including pro forma
amendments) are not in order. 96-1, May 1, 1979, pp 9299-301, 9311.
[[Page 42]]
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
Effect of Special Rule
A special order reported from the Committee on Rules may reverse
or alter the normal order of consideration of amendments in the
Committee of the Whole. 99-1, May 22, 1985, p 13001. Where the House
has adopted a special rule permitting the consideration of amendments
in Committee of the Whole only in a prescribed order, the Committee of
the Whole must rise to permit the House, by unanimous consent, to
change that order of consideration. Deschler Ch 27 Sec. 23.
[[Page 43]]
Sec. 29 . Committee Amendments
Pending amendments, whether favorably or adversely recommended by
the committee reporting the bill, must be voted on. 8 Cannon
Sec. 2865. The Committee of the Whole must vote on a pending amendment
even though it has been ``accepted'' by members of the committee
reporting the bill. Deschler Ch 27 Sec. 26.10.
Committee amendments to a bill are ordinarily taken up before
amendments from the floor, although they are not voted on until after
they have been perfected. 5 Hinds Sec. 5773. Floor amendments to the
bill are normally in order following the disposition of pending
committee amendments perfecting that bill, even though the bill is
open to amendment at any point. Deschler Ch 27 Sec. 26.3. Where a bill
is considered as having been read for amendment, it is open to
amendment at any point and all committee perfecting amendments must be
disposed of, regardless of their place in the bill, prior to offering
of amendments to the bill from the floor. Deschler Ch 27 Sec. 26.5.
Where a committee amendment proposes to strike a portion of the
text, a perfecting amendment from the floor may intervene before the
vote is taken on the committee amendment. See Sec. 21, supra.
A committee amendment to the first paragraph or section of a bill
is voted on before a vote is taken on an amendment in the nature of a
substitute to strike out all after the enacting clause and insert new
matter. Deschler Ch 27 Sec. 26.1.
Sec. 30 . Amendments En Bloc; Use of Special Rules
Generally
Amendments may be considered en bloc only by unanimous consent
(Deschler Ch 27 Secs. 27.2, 27.3) or pursuant to a special rule
(Deschler Ch 27 Secs. 27.14-27.16). Amendments considered en bloc by
unanimous consent are subject to germane amendment after they have
been read. 95-2, Mar. 9, 1978, p 6286. Once pending they are open to
perfecting amendment at any point. 102-1, June 12, 1991, p ____.
En bloc amendments may be offered to a pending amendment, but it
is not in order to consider en bloc amendments to amendments which
have not been reported. Deschler Ch 27 Sec. 27.10. En bloc amendments
to appropriation bills, see Appropriations.
Points of Order
Where unanimous consent is requested that two or more amendments
be considered en bloc, points of order against any or all of them may
be
[[Page 44]]
made or reserved pending agreement to the request. Deschler Ch 27
Sec. 27.5. Amendments offered en bloc by unanimous consent are
considered as one amendment, and a single point of order against any
portion thereof renders the entire amendment subject to a point of
order. Deschler Ch 27 Sec. 27.5; 98-2, June 21, 1984, pp 17685-87.
Since an amendment against which a point of order will be sustained
should not be considered en bloc with other amendments, the Chair may
request a Member seeking unanimous consent to consider amendments en
bloc to withdraw his request when the manager of the bill indicates
his intention to raise a point of order against one of those
amendments. 96-1, June 27, 1979, pp 17029, 17030, 17069, 17070.
Consideration Pursuant to Special Rule
To expedite consideration of perfecting amendments to a bill, the
House may adopt a special rule permitting their consideration en bloc
in lieu of separate consideration in the order printed in the bill.
94-2, June 9, 1976, p 17064. Under such a special rule, the manager of
the bill may request en bloc consideration after the pending text is
read and unanimous consent is not required. 94-1, June 11, 1975, pp
18434, 18435. See also 95-1, Aug. 2, 1977, p 26172.
Voting
The en bloc consideration of amendments in Committee of the Whole
pursuant to a unanimous-consent request therein does not necessarily
result in an en bloc vote in the House, since that is merely an order
of the Committee and not binding on the House. Moreover, even
amendments considered en bloc pursuant to a special rule are subject
to a demand for a division of the question in the House if divisible,
unless prohibited by the rule. Deschler Ch 27 Sec. 27.15. See also 96-
1, Dec. 14, 1979, pp 36193, 36194.
``King of the Hill''
Special rules from the Committee on Rules may provide for the
consideration of two or more amendments under what is sometimes termed
a ``King of the Hill'' procedure. The special rule may provide that
such amendments be considered in a specified order and that if more
than one such amendment is adopted, only the last amendment so adopted
shall be considered as finally adopted and reported to the House. 102-
2, Feb. 27, 1992, p ____; 102-2, June 3, 1992, p ____.
``Top Vote Getter'' Rule
In the 104th Congress, several special rules were reported from
the Committee on Rules which permitted several alternative amendments
to be
[[Page 45]]
considered in a specified order with the one receiving the largest
majority being reported back to the House. See 104-1, Jan. 25, 1995, p
____.
Sec. 31 . Perfecting Amendments; Motions to Strike
Preference as Between Perfecting Amendments
There are no degrees of preference as between perfecting
amendments. Deschler Ch 27 Sec. 24.1. However, perfecting amendments
to a section are considered before amendments proposing to insert new
sections. 8 Cannon Sec. 2356; Deschler Ch 27 Sec. 24.2.
Preference as Between Perfecting Amendment and Motion to Strike
All perfecting amendments to a section of a bill must be disposed
of prior to the vote recurring on a pending motion to strike out the
section. Deschler Ch 27 Sec. 24.3; 90-1, Oct. 20, 1967, pp 29569-71;
93-1, July 26, 1973, pp 26120, 26122. After the first perfecting
amendment has been disposed of, another may be offered and the vote on
the motion to strike out is again deferred until the amendment is
disposed of. 91-1, Oct. 3, 1969, pp 28454, 28459, 28463. If the
perfecting amendment as adopted changes all the text proposed to be
stricken, the motion to strike necessarily falls and is not voted on.
Deschler Ch 27 Sec. 24.15; 95-2, June 21, 1978, p 18286. The principle
of perfecting text before considering an amendment striking it from
the bill is followed even where the motion to strike out is improperly
drafted as an amendment to an amendment. Deschler Ch 27 Sec. 24.12.
Sec. 32 . Substituting Amendments
Substitute Amendments
A substitute for an amendment is not voted on until after
amendments to the amendment have been disposed of. 8 Cannon Sec. 2895.
If the substitute is rejected, the amendment is open to further
amendment; if the substitute is adopted, the question recurs on the
amendment as amended by the substitute. Deschler Ch 27 Sec. 25.1.
Thus, where an amendment in the nature of a substitute to a bill is
amended by the adoption of a substitute therefor, the question recurs
on the amendment in the nature of a substitute, as amended. Deschler
Ch 27 Sec. 25.2. The defeat of the amendment as amended by the
substitute results in the rejection of the language included in the
substitute as amended. 93-1, June 26, 1973, p 21320.
Amendments in the Nature of a Substitute
An amendment in the nature of a substitute for a bill may be
proposed before perfecting amendments to the pending portion of the
original text
[[Page 46]]
have been offered or acted on, but may not be voted on until after
such perfecting amendments have been disposed of. 5 Hinds Sec. 5787; 8
Cannon Sec. 2896; Deschler Ch 27 Sec. 25. Thus, an amendment in the
nature of a substitute having been proposed, amendments to the portion
of the original text which has been read are in order and are voted on
before the question is taken on the substitute. 8 Cannon Sec. 2861.
Where a substitute--striking out all of the text and inserting new
matter--for an amendment in the nature of a substitute is adopted, the
vote recurs immediately on the amendment, as amended (91-2, Dec. 16,
1970, p 42032), and no further amendments to either proposition are in
order, since the original amendment has been changed in its entirety
by the substitute. Deschler Ch 27 Sec. 25.
Sec. 33 . Points of Order
Generally
Points of order may lie against amendments that do not conform to
established rules and practices. For example, an amendment may be
barred because it violates the rule against amendments in the third
degree (Sec. 14, supra), or because it violates the ``germaneness''
rule (see Germaneness of Amendments) or if it violates the prohibition
against inclusion of legislative provisions in appropriation bills
(see Appropriations). Points of order against amendments en bloc, see
Sec. 30, supra.
Reserving Points of Order
It is within the discretion of the Chair whether to permit a
reservation of a point of order against an amendment, how long such a
reservation can be maintained, or to dispose of the point of order
prior to debate on the amendment. 97-1, Oct. 14, 1981, pp 23882,
23884. If a point of order is reserved, the Chair, with the sufferance
of the Committee of the Whole, may permit debate by the proponent on
the merits of his amendment before hearing arguments on the point of
order. 97-1, May 12, 1981, pp 9320, 9323. The Chair then has the
discretion to insist that the point of order be made following debate
by the proponent of the amendment and prior to recognition of other
Members. 98-2, May 16, 1984, pp 12504-06, 12509-11. Of course, if the
point of order is made rather than reserved, the Member making the
point of order is immediately recognized for argument thereon, prior
to debate on the merits of the amendment.
Reservation as Inuring to Other Members
One Member's reservation of a point of order against an amendment
protects the rights of all Members to insist on points of order. 98-2,
June
[[Page 47]]
6, 1984, pp 15120-22. The reserving Member need not specify the basis
of his reservation. 93-1, July 19, 1973, pp 24950, 24951. The
reservation of the point of order inures to all Members, who may raise
other points of order before the intervention of further debate if the
original point of order is overruled or withdrawn. 92-2, June 22,
1972, p 22098.
Sec. 34 . -- Timeliness
Generally
A point of order against an amendment is properly made (or
reserved) immediately after the reading thereof (89-2, Mar. 29, 1966,
pp 7115, 7118; 92-1, Mar. 10, 1971, pp 5856-58; 94-1, July 8, 1975, p
21628), or following agreement to a unanimous-consent request that the
amendment be considered as read (92-2, Mar. 29, 1972, pp 10749-51).
And it should be disposed of before amendments to that amendment are
offered. 96-1, Mar. 21, 1979, pp 5779-82. Similarly, a point of order
against certain language should be decided prior to recognition of
another Member to offer an amendment to the challenged language. 89-2,
May 18, 1966, pp 10894-96.
Effect of Intervening Business
A Member must exercise due diligence in raising a point of order.
A point of order against an amendment is not entertained where
business, even the granting of a unanimous-consent request, has
intervened between the reading of the amendment and the making of the
point of order unless the intervening business is vacated. 91-1, June
24, 1969, p 17080. A point of order against an amendment has been held
to come too late after the reading thereof and after the Chair has
responded to a parliamentary inquiry from another Member. 91-1, Nov.
5, 1969, p 33133.
Effect of Debate on Amendment
A point of order against an amendment should be made or reserved
before the proponent of the amendment has been recognized to debate
the amendment. 95-2, Mar. 9, 1978, p 6286; 95-2, June 14, 1978, p
17626. It cannot be raised after the proponent of the amendment has
been recognized and has begun his explanation of the amendment. 91-1,
May 27, 1969, p 14074; 95-2, May 24, 1978, p 15332. The rereading of
the amendment by unanimous consent after there has been debate does
not permit the intervention of a point of order against the amendment.
92-1, Nov. 4, 1971, p 39302.
Although a point of order against an amendment ordinarily comes
too late if debate has begun thereon, the Chair has recognized a
Member to make or reserve a point of order against an amendment where
the Member
[[Page 48]]
raising the point was on his feet, seeking recognition, at the time
the amendment was read. 90-1, Sept. 26, 1967, p 26878; 91-1, July 30,
1969, p 21458; 98-2, May 24, 1984, p 14271. See also Deschler Ch 27
Sec. 1.
Points of Order Which May Be Made ``At Any Time''
Rule XXI clause 5(a) and clause 5(b) refer to points of order
which may be ``raised at any time.'' Clause 5(a) deals with
appropriations in bills reported by committees not having jurisdiction
to report appropriations and prohibits amendments carrying
appropriations during consideration of a bill reported from a
committee not having that jurisdiction. Clause 5(b) is aimed at tax or
tariff measures contained in a bill reported from a committee not
having that jurisdiction, or amendments of the Senate or amendments in
the House which are offered to a bill not reported therefrom. Points
of order under these rules must still be raised when the offending
bill or amendment is before the House for consideration. But
intervening debate or amendments will not preclude a proper point of
order from being cognizable by the Chair when raised during the
pendency of the amendment under the five-minute rule. 79-2, Mar. 18,
1946, p 2365; 94-1, Apr. 28, 1975, pp 12043, 12044. See also Points of
Order; Parliamentary Inquiries.
Sec. 35 . Debate on Amendments
When general debate is closed in the Committee of the Whole, any
Member is allowed five minutes' debate on an amendment he offers,
after which the Member who first obtains the floor has five minutes in
opposition. Rule XXIII clause 5. Manual Sec. 870. These time
limitations do not apply, of course, where the measure is called up
pursuant to a special rule which requires that a different period of
time be devoted to debate. See Consideration and Debate.
Where all time for debate on a section of a bill and amendments
thereto has expired, amendments may still be offered to the section,
but are voted on without debate, except in certain cases where a
Member has caused an amendment to be printed in the Record pursuant to
the House rules. Deschler Ch 27 Sec. 14.9. Limiting debate, see
Consideration and Debate.
Sec. 36 . Withdrawal of Amendment
In the Committee of the Whole
In the Committee of the Whole an amendment may not be withdrawn
except by unanimous consent. 5 Hinds Secs. 5221, 5753; 8 Cannon
Secs. 2465, 2859; Deschler Ch 27 Secs. 20.1 et seq. The House rules so
require. Rule XXIII clause 5(a). Manual Sec. 870. Thus, where a Member
has been recog-
[[Page 49]]
nized by the Chairman to offer an amendment and the amendment has been
reported by the Clerk, unanimous consent is required to withdraw the
amendment. Deschler Ch 27 Sec. 20.4; 102-1, June 19, 1991, p ____.
However, unanimous consent is not required to withdraw an amendment
which is at the Clerk's desk but which has not been offered by the
Member. Deschler Ch 27 Sec. 20.5.
Where a point of order is made or reserved against an amendment
and a unanimous-consent request is then made for the withdrawal of the
amendment, the Chair will first dispose of the unanimous-consent
request. 98-1, June 7, 1983, pp 14656, 14657.
The withdrawal of an amendment by unanimous consent does not
preclude its being subsequently reoffered, and unanimous consent is
not required to reoffer the amendment if otherwise in order. Deschler
Ch 27 Sec. 20.10.
In the House
Although unanimous consent to withdraw an amendment is required in
Committee of the Whole, in the House an amendment, whether simple or
in the nature of a substitute, may be withdrawn by the proponent at
any time before a decision is rendered thereon. 5 Hinds Sec. 5753;
Deschler Ch 27 Sec. 20; 93-1, June 26, 1973, pp 21305 et seq. The same
right to withdraw an amendment exists in the House as in Committee of
the Whole. Manual Sec. 777.
Sec. 37 . Modification of Amendment
The proponent of an amendment may modify or amend his own pending
amendment only by unanimous consent. Deschler Ch 27 Secs. 21.1-21.3;
92-2, Feb. 2, 1972, pp 2180-82; 99-1, Oct. 1, 1985, p 25453. However,
where there is pending an amendment and a substitute therefor, the
Member who offered the original amendment may also offer an amendment
to the substitute, as he is not thereby attempting to amend his own
amendment. Deschler Ch 27 Sec. 21.4.
The modification of a pending amendment by its proponent should be
offered before the amendment is voted on. 95-2, July 12, 1978, p
20480. However, in one instance, pending a request for a recorded vote
following a voice vote on an amendment, the Committee of the Whole, by
unanimous consent, vacated the Chair's putting of the question on the
amendment so as to permit its modification. Deschler Ch 27 Sec. 21.7.
The fact that a decision of the Chair is pending on a point of
order against an amendment does not necessarily preclude a request by
its proponent that it be modified. Deschler Ch 27 Sec. 21.6. However,
the Chair or
[[Page 50]]
any Member may insist that a proposed modification be submitted in
writing (Deschler Ch 27 Sec. 21.8; 95-2, Apr. 26, 1978, p 11637) and
read by the Clerk (96-1, Oct. 18, 1979, p 28808).
In the event of objection to a unanimous-consent request to modify
a pending amendment, any Member--other than the proponent of the
amendment--may offer a proper amendment in writing thereto. Deschler
Ch 27 Sec. 21.10. Indeed, a request to modify an amendment, when made
by a Member who is not the proponent thereof, is sometimes treated as
a motion to amend rather than as a unanimous-consent request. 99-1,
Dec. 5, 1985, pp 34730, 34731.
F. Effect of Adoption or Rejection; Changes After Adoption
Sec. 38 . In General; Effect of Adoption of Perfecting Amendment
Generally
It is fundamental that it is not in order to amend an amendment
previously agreed to. 8 Cannon Sec. 2856; Deschler Ch 27 Sec. 29.2;
89-2, Aug. 5, 1966, p 18411; 95-1, Sept. 23, 1977, p 30545. Once the
text of a bill has been perfected by amendment, the perfected text
cannot thereafter be amended. Deschler Ch 27 Sec. 29.8; 94-1, Oct. 9,
1975, p 32589. Likewise, when a perfecting amendment is agreed to,
further amendment of that amendment is not in order. 87-2, Apr. 18,
1962, p 6913. Similarly, the adoption of an amendment to a substitute
precludes further amendment to those portions of the substitute so
amended. 94-2, June 10, 1976, pp 17351, 17352.
However, in order for an amendment to be ruled out of order on the
ground that its substance has already been passed on by the House, the
language thereof must be practically identical to that of the
proposition already acted on. 5 Hinds Sec. 5760; 8 Cannon Sec. 2839;
Deschler Ch 27 Sec. 29.1. The precedents do not preclude the offering
of an amendment merely because it is similar to, or achieves the same
effect as, an amendment previously agreed to. 98-1, May 4, 1983, pp
11046, 11052, 11056, 11059. While it is not in order to reinsert
precise language stricken by amendment, an amendment similar but not
identical to the stricken language may be offered if germane to the
pending portion of the bill. A simple change in substance in the words
sought to be inserted, such as changing the word ``shall'' to ``may,''
allows the amendment to be offered. 96-1, Apr. 9, 1979, pp 7764, 7765.
[[Page 51]]
Effect of Inconsistency
The Chair will not rule out an amendment as being inconsistent
with an amendment previously adopted, as the consistency of amendments
is a question for the House to determine by its vote on the amendment.
Deschler Ch 27 Sec. 29.23. It follows that an amendment is not subject
to a point of order that its provisions are inconsistent with a
section of the bill already considered under the five-minute rule.
Deschler Ch 27 Sec. 29.25. And an amendment in the form of a new
section to the bill may be offered notwithstanding its possible
inconsistency with an amendment previously adopted. Deschler Ch 27
Sec. 29.26.
Amendments Negating Proposition Previously Adopted
While the Committee of the Whole may not amend a section of a bill
already passed during the reading, it may adopt an amendment to a
later section which has the effect of negating the provisions of the
earlier section. 90-1, Nov. 9, 1967, p 31893; 90-1, Nov. 13, 1967, p
32253. And while the Committee may not strike out or change an
amendment previously agreed to, it may consider a subsequent amendment
which contradicts a proposition previously agreed to. Deschler Ch 27
Sec. 29.20.
Changes Following Amended Text
The adoption of a perfecting amendment only precludes further
amendments changing the perfected text; amendments are in order which
add language to an unamended portion at the end of the amended text.
96-1, May 16, 1979, pp 11369, 11420. Likewise, the adoption of an
amendment inserting a new subsection in a bill does not preclude
consideration of another amendment inserting another new subsection
immediately thereafter which does not textually change the amendment
already agreed to. 94-2, Aug. 5, 1976, p 25776.
Amendments Changing More Comprehensive Portion of Pending Text
Although an amendment may not be offered to change only that
portion of the pending text which has been altered by amendment, a
further amendment changing a more comprehensive portion of the pending
text is in order. 95-2, May 1, 1978, p 11984. Thus, while it is not in
order to further amend an amendment previously agreed to, an amendment
encompassing a more comprehensive portion of the bill, including
original text not yet amended, is in order. 94-1, Apr. 23, 1975, p
11543; 96-1, May 2, 1979, p 9530. See also Deschler Ch 27 Sec. 29.9.
Similarly, it is in order to offer an amendment which strikes out
language changed by amendment as well as other matter and inserts
language which proposes substantive changes going beyond the
[[Page 52]]
original amendment (96-1, July 31, 1979, p 21615), or strikes out
matter not only in the amendment previously agreed to but also in
additional portions of the pending bill. 94-1, Aug. 1, 1975, p 26947;
94-2, Apr. 28, 1976, p 11599.
Effect of Special Rule
The general principle that an amendment may not be offered which
directly changes an amendment already agreed to does not apply where
the House has adopted a special rule permitting amendments to be
offered even if changing portions of amendments already agreed to.
Deschler Ch 27 Sec. 29.48.
Sec. 39 . Adoption of Amendment as Precluding Motions to Strike
It is not in order to offer an amendment merely striking out an
amendment previously agreed to. 94-1, Aug. 1, 1975, pp 26946, 26947.
For example, where by amendment a new paragraph or section has been
added to the text, it is not in order to offer an amendment that
merely strikes out that new paragraph or section. Deschler Ch 27
Sec. 30.10; 94-1, Apr. 23, 1975, p 11550.
On the other hand, the adoption of a perfecting amendment to a
portion of the text of a bill does not preclude a vote on a pending
motion to strike out the entire text as amended. Deschler Ch 27
Sec. 30.4. Similarly, although a provision inserted by amendment may
not thereafter be stricken, a motion to strike more than the provision
previously inserted is in order. 86-2, June 22, 1960, pp 13874-80; 94-
1, Apr. 23, 1975, p 11536; 94-1, Oct. 30, 1975, p 34415; see also
Deschler Ch 27 Sec. 30.7.
While the adoption of an amendment changing all the text of a
section precludes a vote on a pending motion to strike out that
section, the motion to strike will still be voted on where the
perfecting amendment to the section changes some but not all of that
text. Deschler Ch 27 Sec. 30.3. However, in this situation another
perfecting amendment to strike out the remainder of the section not
yet perfected may be offered and voted on prior to the motion to
strike the entire section and, if adopted, the motion to strike the
section would then fall, the whole text having been changed. 94-1,
Sept. 29, 1975, pp 30772, 30773.
The adoption of a perfecting amendment to part of a section does
not preclude a motion to strike out the section and insert new text.
Deschler Ch 27 Sec. 30.12. Similarly, the adoption of a perfecting
amendment inserting language at the end of a paragraph does not
preclude an amendment striking the entire perfected paragraph and
inserting new language. Deschler Ch 27 Sec. 30.15. But where a bill is
being read by sections, and committee amend-
[[Page 53]]
ments adding new sections at the end of a bill have been adopted, an
amendment proposing to strike out a section of the original bill and
the new sections is not in order. 92-1, Mar. 10, 1971, pp 5856-58.
Sec. 40 . Effect of Adoption of Motions to Strike
Adoption of Motion to Strike Out
A motion to strike a section of a bill, if adopted by the
Committee of the Whole, strikes the entire section including a
provision that was added as a perfecting amendment to that section.
Adoption by the Committee of the amendment striking out the section
vitiates the Committee's prior adoption of perfecting amendments to
that section, and only the motion to strike out is reported to the
House. Deschler Ch 27 Secs. 31.1, 31.2. The bill returns to the form
as originally introduced upon rejection by the House of the amendment
reported from Committee. Deschler Ch 27 Sec. 31.3. Where an amendment
has been adopted striking out language in a bill, a perfecting
amendment to the stricken language comes too late and is not in order.
Deschler Ch 27 Sec. 31.9. Thus, where the Committee of the Whole has
adopted an amendment striking out several consecutive paragraphs in a
bill, an amendment proposing to insert language in a paragraph which
had been stricken comes too late. 93-1, July 16, 1973, pp 23970,
23983, 23984.
While it is not in order to reinsert precise language stricken by
amendment, an amendment similar but not identical to the stricken
language may be offered if germane to the pending portion of the bill.
Deschler Ch 27 Sec. 31.6.
Adoption of Motion to Strike Out and Insert
If an amendment to strike out a portion of a bill and insert new
language is agreed to, a pending amendment proposing to strike out the
same portion falls and is not voted on. Deschler Ch 27 Secs. 31.11,
31.12; 96-1, Oct. 23, 1979, pp 29185, 29187. And when an amendment
striking out certain language and inserting other provisions has been
adopted, it is not in order to further amend the provisions so
inserted. Deschler Ch 27 Sec. 31.14; 87-1, May 16, 1961, pp 8117,
8120; 87-1, June 22, 1961, pp 11093-98, 11100-03.
The adoption of a perfecting amendment to strike out and insert
does not preclude the offering of another amendment to strike out and
insert which goes beyond the changes made by the first amendment.
Deschler Ch 27 Sec. 31.18. Similarly, while it is not in order to
perfect or reinsert language which has been stricken, an amendment may
be offered to insert new language if it is germane to the bill and not
identical to the language stricken.
[[Page 54]]
94-2, Sept. 2, 1976, p 28958. However, if a motion to strike out all
after the first word of text and insert a new provision is agreed to,
the language thus inserted cannot thereafter be amended. 88-2, Feb. 7,
1964, p 2489.
Sec. 41 . Adoption of Amendment in Nature of Substitute
Where an amendment in the nature of a substitute is agreed to,
further amendment is not in order. 88-2, Aug. 7, 1964, p 18608; see
also Deschler Ch 27 Secs. 32.1, 32.2. Since the stage of amendment is
passed, further amendments, including pro forma amendments for debate,
are not in order. 95-1, May 13, 1977, p 14622. Thus, absent a special
rule to the contrary, the adoption of an amendment in the nature of a
substitute precludes the offering of another. Deschler Ch 27
Sec. 32.4. Debate having been closed, adoption of the amendment causes
the stage of amendment to be passed and amendments--though printed in
the Congressional Record--cannot thereafter be offered to the bill.
Deschler Ch 27 Sec. 32.3.
The adoption of an amendment in the nature of a substitute, as
amended by a substitute, precludes further amendment to the amendment
and to the bill. Deschler Ch 27 Sec. 32.8. When the substitute is
agreed to, the question recurs immediately on the amendment as amended
by the substitute, and further perfecting amendments to the amendment
(including ``pro forma'' amendments) are not then in order. 94-2, Feb.
5, 1976, p 2649; 96-2, Feb. 25, 1980, p 3628.
Sec. 42 . Amendments Pertaining to Monetary Figures
When a specific amendment to a monetary figure in a bill has been
agreed to, further amendment of that specific sum is not in order.
Deschler Ch 27 Secs. 33.1-33.3. The adoption of an amendment changing
a figure in a bill precludes the offering of a subsequent amendment
further changing that figure. 99-1, July 17, 1985, p 19444; 99-1, July
18, 1985, pp 19648, 19649, 19652; 104-1, Mar. 15, 16, 1995, p ____.
However, an amendment inserted following the figure agreed upon and
providing funds ``in addition thereto'' is in order. Deschler Ch 27
Sec. 33.13. An amendment adding a new section having the indirect
affect of changing amended amounts in the bill may also be in order.
99-1, July 31, 1985, p 21911.
Where the Committee of the Whole has adopted an amendment changing
the total figure in a paragraph of an appropriation bill, it is not in
order to further amend such figure. Deschler Ch 27 Sec. 33.9.
Although it is not in order to offer an amendment merely changing
an amendment already adopted, it is in order to offer a subsequent
amendment more comprehensive than the amendment adopted, changing
unamended
[[Page 55]]
portions of the bill as well. Deschler Ch 27 Sec. 33.7 (note). Thus,
after adoption of amendments changing monetary figures in a bill, an
amendment making a general percentage reduction in all figures
contained in the bill and indirectly affecting those figures, is still
in order. Deschler Ch 27 Sec. 33.10. Likewise, the adoption of a
perfecting amendment to a concurrent resolution on the budget changing
several figures would preclude further amendment merely changing those
amended figures but would not preclude more comprehensive amendments
changing other portions of the resolution which had not been amended.
95-1, Apr. 27, 1977, p 12485.
Although it may be in order to offer an amendment to the pending
portion of the bill that changes not only a provision already amended
but also an unamended pending portion of the bill, it is not in order
merely to amend a figure already amended. Manual Sec. 469. Even if the
amendment also changes other matter not already amended, where it is
drafted as though the earlier amendment had not been adopted, it is
still out of order. 104-1, Mar. 15, 1995, p ____.
Sec. 43 . Effecting Changes by Unanimous Consent
By unanimous consent, it is in order to amend an amendment which
has already been agreed to. Deschler Ch 27 Sec. 34.1. For example, the
Committee of the Whole may by unanimous consent:
<box> Permit consideration of amendments to change amendments
already adopted. 98-2, June 28, 1984, p 19948.
<box> Permit Members to offer amendments to change an amended figure
in an appropriation bill. Deschler Ch 27 Sec. 34.7.
<box> Permit an amendment which has been adopted to an amendment to
be considered as adopted, in identical form, to a pending
substitute for the amendment. 99-2, Aug. 5, 1986, pp 19107,
19108.
<box> Permit a modification of an amendment by its proponent. 96-2,
Jan. 29, 1980, pp 958-60.
In one instance, the Committee of the Whole by unanimous consent
vacated the proceedings whereby it had agreed to an amendment, agreed
to an amendment to that amendment, and then adopted the original
amendment as amended. Deschler Ch 27 Sec. 34.2.
Sec. 44 . Amendments Previously Considered and Rejected
Generally
It is not in order to offer an amendment identical to one
previously rejected. Deschler Ch 27 Secs. 35.1, 35.2. However, an
amendment that raises the same question by the use of different
language may be admissible.
[[Page 56]]
Deschler Ch 27 Sec. 35. An amendment similar but not identical thereto
may be considered (Deschler Ch 27 Sec. 35.4) if a substantive change
has been made (Deschler Ch 27 Sec. 35.3). Rejection of an amendment
changing a figure in a bill does not preclude the offering of a
different amendment to that provision. 97-1, Nov. 18, 1981, p 28048.
An amendment in different form may be entertained even though its
effect may be similar to that of the rejected amendment. Deschler Ch
27 Secs. 35.11, 35.13. See also 86-2, Mar. 21, 1960, p 6159; 90-1,
July 19, 1967, pp 19418, 19423; 94-1, Sept. 23, 1975, p 29841. Thus,
in one instance, after an amendment containing a limitation on the use
of funds in an appropriation bill had been rejected, the Chair held
that another amendment--containing a similar limitation and also
stating an exception from that limitation--was not an identical
amendment and could be offered. Deschler Ch 27 Sec. 35.18. Presiding
officers have been reluctant to rule out an amendment as dilatory
merely because of a similarity to one previously rejected. Deschler Ch
27 Sec. 35.7.
A motion offered as a substitute for an amendment and rejected may
be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8.
And a proposition offered as an amendment to an amendment and rejected
may be offered again, in identical form, as an amendment to the bill.
Deschler Ch 27 Sec. 35.9.
A portion of a rejected amendment may be subsequently offered as a
separate amendment if presenting a different proposition. Thus,
rejection of an amendment consisting of two sections does not preclude
one of those sections being subsequently offered as a separate
amendment. 97-1, July 15, 1981, p 15899.
Rejection of Motion to Strike
A motion to strike out certain language having been previously
rejected, it may not be offered a second time. Deschler Ch 27
Sec. 35.22. But a motion to strike out that language and insert a new
provision is in order. Deschler Ch 27 Sec. 35.23. Conversely, if the
motion to strike out and insert is rejected, the simple motion to
strike out is in order. Deschler Ch 27 Sec. 35.11.
Rejection of En Bloc Amendments
Rejection of several amendments considered en bloc by unanimous
consent does not preclude their being offered separately at a
subsequent time. Deschler Ch 27 Sec. 35.15. It follows that where an
amendment to a figure in a bill considered en bloc with other
amendments has been rejected, no point of order lies against a
subsequent amendment to that figure which specifies
[[Page 57]]
a different amount and which is offered as a separate amendment. 95-2,
Aug. 7, 1978, p 24702.
G. House Consideration of Amendments Reported From Committee of the
Whole
Sec. 45 . In General; Voting
Generally
Only amendments adopted in the Committee of the Whole are reported
to the House; and all amendments so reported stand on an equal footing
and must be voted on by the House (4 Hinds Sec. 4871), notwithstanding
inconsistencies among them (4 Hinds Sec. 4881), and are subject to
amendment in the House unless the previous question is ordered (8
Cannon Sec. 2419). Where it is in order to submit additional
amendments to the pending bill, the first question is on the
amendments reported from the Committee of the Whole. 4 Hinds
Sec. 4872.
Kinds of Amendments Reported to the House
Some amendments adopted in the Committee are not reported to the
House. Pursuant to a practice originating in the Nineteenth Congress,
the Committee reports amendments only in their perfected form. 4 Hinds
Sec. 4904; Deschler Ch 27 Secs. 36.1 et seq. Thus, if the Committee of
the Whole perfects a bill by adopting certain amendments and then
adopts an amendment striking out those provisions and inserting a new
text, only the bill, as amended by the motion to strike out and
insert, is reported to the House. Deschler Ch 27 Secs. 36.5, 36.13.
Similarly, the adoption by the Committee of an amendment striking out
a section of a bill vitiates the Committee's prior adoption of
perfecting amendments to that section, so that only the motion to
strike out is reported to the House. 93-2, Feb. 5, 1974, pp 2078,
2079. But when the bill is being considered under a special rule
permitting separate consideration in the House of any amendments
adopted in the Committee, all amendments adopted in the Committee are
reported to the House, regardless of their inconsistency. Deschler Ch
27 Sec. 36.13.
Demanding a Separate Vote
While it is a frequent practice for the House by unanimous
consent, to act at once--en grosse--on all the amendments to a bill
reported from the Committee of the Whole, it is the right of any
Member to demand a separate vote on any reported first degree
amendment. 4 Hinds Secs. 4893, 4894; 8 Cannon Sec. 2419. However, in
the absence of a special rule providing there-
[[Page 58]]
for, a separate vote may not be had in the House on an amendment to an
amendment which has been adopted by the Committee of the Whole.
Deschler Ch 27 Sec. 36.6; 90-1, Sept. 12, 1967, p 25228; 90-2, July
16, 1968, p 21545. This principle precludes a separate vote in the
House on an amendment to an amendment in the nature of a substitute
adopted in the Committee. Deschler Ch 27 Sec. 36.8; 90-1, Oct. 18,
1967, p 29317. Since the Committee in reporting a bill with an
amendment to the House reports such amendment in its perfected form,
it is not in order in the House to have a separate vote upon each
perfecting amendment to the amendment that has been agreed to in the
Committee absent a special rule providing to the contrary. Deschler Ch
27 Sec. 36.
A special rule may, of course, provide for separate votes on
second-degree amendments. Deschler Ch 27 Sec. 36. But where separate
votes are permitted, only those amendments reported to the House from
the Committee of the Whole are voted on; it is not in order to demand
a separate vote in the House on amendments rejected in the Committee.
Deschler Ch 27 Sec. 36.12. The House theoretically has no information
as to actions of the Committee of the Whole on amendments not reported
therefrom. Deschler Ch 27 Sec. 36.
Where a special rule permits a demand in the House for a separate
vote on an amendment adopted to an amendment in the nature of a
substitute for a bill reported from the Committee of the Whole, the
Speaker inquires whether a separate vote is demanded before putting
the question on the amendment in the nature of a substitute. Deschler
Ch 27 Sec. 36.14. A Member must demand the separate vote before the
question is taken on the substitute. Deschler Ch 27 Sec. 36.18. A
demand in the House for a separate vote on an amendment to the
amendment comes too late after the amendment, as amended, has been
agreed to. Deschler Ch 27 Sec. 36.19.
En Bloc Amendments
Where the Committee of the Whole reports a bill back to the House
with amendments, some of which were considered en bloc pursuant to a
special rule, the en bloc amendments may be voted on again en bloc on
a demand for a separate vote. Deschler Ch 27 Sec. 36.27. A separate
vote being demanded, the Chair puts the question separately on the
amendments en bloc in the House, where no Member demands a division of
the question. 96-1, Mar. 29, 1979, pp 6810, 6819. But another
amendment separately considered in Committee may not be voted on with
the en bloc amendments in the House (absent unanimous consent).
Deschler Ch 27 Sec. 36.27.
Division of an amendment for voting, see Voting.
[[Page 59]]
Order of Consideration
When demand is made for separate votes in the House on several
amendments adopted in the Committee of the Whole, such amendments are
read and voted on in the House in the order in which they appear in
the bill as reported from the Committee of the Whole--not in the order
in which agreed to in Committee or in which demanded in the House.
Deschler Ch 27 Secs. 36.16, 37.1. See also 93-1, July 19, 1973, pp
24959, 24965, 24966; 94-2, June 24, 1976, p 20424.
When a special rule provides for a separate vote on an amendment
to an amendment in the nature of a substitute reported from the
Committee of the Whole, the vote first recurs on the amendment on
which the separate vote is demanded. Deschler Ch 27 Sec. 37.6. The
Speaker puts the question first on those amendments on which a
separate vote is demanded, then on the amendment, as amended. See 89-
2, Oct. 6, 1966, pp 25585-87. But where a special rule prescribes the
order for consideration of amendments (with the bill being considered
as read) in the Committee of the Whole, then separate votes demanded
in the House on adopted amendments are taken in that same order,
regardless of the order in which the amendments may appear in the
bill. 103-1, Mar. 11, 1993, p ____; 103-1, Mar. 25, 1993, p ____.
Sec. 46 . Effect of Rejection of Amendment
Generally
When the House rejects an amendment adopted in the Committee of
the Whole, the original text of the bill is before the House. Deschler
Ch 27 Sec. 38.1. Thus, if an amendment in the nature of a substitute
is reported from the Committee of the Whole and rejected by the House,
the original bill is before the House. Deschler Ch 27 Sec. 38.5.
Similarly, if an amendment striking out and inserting is reported from
the Committee of the Whole and rejected by the House, the language of
the original bill is before the House. Deschler Ch 27 Sec. 38.12; 95-
2, Aug. 2, 1978, p 23955.
Rejection of Motion to Strike Out
Where the Committee of the Whole adopts perfecting amendments to
language of a bill and then agrees to an amendment striking out that
language, only the latter amendment is reported to the House, and in
the event of its rejection in the House the original language, and not
the perfected text, is before the House. Deschler Ch 37 Secs. 38.3,
38.8. However, the practice may be otherwise where the House is
operating under a special rule allowing separate votes in the House on
any amendment adopted in the
[[Page 60]]
Committee of the Whole. As indicated elsewhere (Sec. 45, supra), under
such a rule all amendments adopted in Committee to the amendment are
reported to the House regardless of their inconsistency; and the House
may retain a section as perfected in Committee of the Whole by first
adopting on separate votes the perfecting amendments to the section
and then rejecting on a separate vote the motion to strike that
section. Deschler Ch 27 Sec. 38.11 (note).
Sec. 47 . Motions to Recommit With Instructions Pertaining to
Amendments
The House may recommit a bill to committee with instructions to
report it back ``forthwith'' with an amendment. 5 Hinds Sec. 5545; 88-
1, Dec. 16, 1963, pp 24757-59; 89-2, June 1, 1966, p 11905. In such
cases the chairman of the committee reports the amendment at once
without awaiting committee action. 5 Hinds Secs. 5545-5547.
Instructions to report ``forthwith'' accompanying a motion to recommit
must be complied with immediately. 87-1, Sept. 13, 1961, p 19208.
However, it is not in order to propose as instructions anything that
might not be proposed directly as an amendment (5 Hinds Secs. 5529-
5541; 8 Cannon Sec. 2705), such as to eliminate an amendment already
adopted by the House (8 Cannon Sec. 2712), to propose an amendment
that is not germane to the bill (102-2, Sept. 23, 1992, p ____), or to
propose an amendment containing legislation or a limitation on a
general appropriation bill (94-2, Sept. 1, 1976, pp 28883-84; 101-1,
Aug. 1, 3, 1989, pp ____).
A motion to recommit may not include instructions to modify any
part of an amendment previously agreed to by the House. 8 Cannon
Secs. 2720, 2721, 2740; Deschler Ch 27 Sec. 32.5. However, where a
bill is being considered under a special rule permitting a motion to
recommit ``with or without instructions,'' a motion to recommit may
include an amendment which changes an amendment already adopted by the
House (94-2, May 12, 1976, p 13537), even where the House has adopted
an amendment in the nature of a substitute (89-1, Sept. 29, 1965, p
25438). Generally, see Refer and Recommit.
The rejection of an amendment in the Committee of the Whole does
not preclude the offering of the same amendment in the House in a
motion to recommit with instructions. Deschler Ch 27 Sec. 35.27.
[[Page 61]]
H. Amendments to Titles and Preambles
Sec. 48 . In General
Amending Titles
Amendments to the title of a bill are not in order until after
passage of the bill, and are then voted upon without debate. Deschler
Ch 24 Sec. 9.4; Deschler Ch 27 Sec. 19.1. Under Rule XIX (Manual
Sec. 822), the title of a bill can only be amended after the bill has
been passed, and an amendment in Committee of the Whole proposing an
amendment to the title is not in order. Deschler Ch 27 Sec. 19.4.
Committee amendments to the title of a bill are automatically reported
by the Clerk after passage of the bill, although an amendment to a
committee amendment to the title may be offered from the floor.
Deschler Ch 27 Sec. 19.6. See also 88-2, Jan. 21, 1964, p 759.
Amending Preambles of Joint Resolutions
In the Committee of the Whole, amendments to the preamble of a
joint resolution are considered following disposition of any
amendments to the text. Deschler Ch 27 Sec. 19.7. That is, the body of
the resolution is first considered and then the preamble is considered
and perfected. 87-2, Oct. 5, 1962, p 22637. See also Deschler Ch 27
Sec. 19.8. In the House, an amendment to the preamble of a joint
resolution reported from Committee of the Whole is considered
following engrossment and prior to the third reading of the
resolution. 4 Hinds Sec. 3414; Deschler Ch 27 Sec. 19.9. See also 89-
2, Oct. 7, 1966, p 25684.
An amendment to the preamble of a Senate joint resolution is
considered after disposition of amendments to the text of the joint
resolution and pending the third reading. 97-1, Nov. 19, 1981, pp
28208, 28209.
Amending Preambles of Simple or Concurrent Resolutions
Amendments to the preamble of a simple or concurrent resolution
are considered and voted on in the Committee of the Whole after
amendments to the body of the resolution. Amendments to the preamble
of such a resolution are voted on in the House after the resolution
has been adopted. Deschler Ch 27 Secs. 19.11-19.13. See also 7 Cannon
Sec. 1064. In the House, the previous question is ordered separately
on the preamble after adoption of the resolution if amendments to the
preamble are offered. Deschler Ch 24 Sec. 9.9.
[[Page 62]]
I. Amendments Containing Unfunded Mandates
Sec. 49 . In General
In the 104th Congress, Public Law No. 104-4 added new sections 425
and 426 of the Congressional Budget Act to permit points of order
against amendments increasing the direct costs of federal
intergovernmental mandates by an amount exceeding certain thresholds.
Those points of order against amendments are debatable for 20 minutes
and are thereafter disposed of, not by a ruling of the Chair, but by a
vote of the House or Committee of the Whole when the Chair states the
question of consideration on the amendment. Notwithstanding this
provision, it is always in order, unless specifically waived by terms
of a special rule, to move to strike any such federal mandate from the
portion of the bill then open to amendment. Rule XXIII clause 5(c).