[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 52. Special Orders of Business]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 52 - SPECIAL ORDERS OF BUSINESS
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Reporting Special Orders of Business
Sec. 3. Forms
Sec. 4. Consideration of Special Orders of Business
Sec. 5. Modification of Special Orders of Business
Sec. 6. Procedures Prescribed by Special Orders of Business
Research References
4 Hinds Sec. Sec. 3152-3265
7 Cannon Sec. Sec. 758-845
Deschler Ch 21 Sec. Sec. 16-19
Manual Sec. Sec. 734, 855, 857-859
Sec. 1 . In General
Jurisdiction and Authority
A resolution that specifies the manner in which a measure is to be
taken up and the procedures to be followed during its consideration is
called a ``special order of business'' or ``special rule.'' Such a
resolution, once adopted by the House, gives privilege to the measure
to be considered. Deschler Ch 21 Sec. 16. The Committee on Rules has
jurisdiction to report such resolutions under rule X clause 1(m).
Manual Sec. 733. By adoption of a special order by majority vote, the
House establishes the parameters of its agenda on an ad hoc basis.
Special orders of business are distinct from ``special-order
speeches,'' which are discussed in Consideration and Debate.
Because of the wide diversity of their use in the legislative
process, special rules are discussed in many other chapters in this
work; such as Amendments; Committees of the Whole; Conferences Between
the Houses; Consideration and Debate; Germaneness of Amendments; Order
of Business; Postponement; and Senate Bills and Amendments Between the
Houses. Measures not taken up under a special order of business may be
taken up by unanimous consent or considered under suspension of the
rules or are privileged in their own right under other standing rules.
See Appropriations; Order of Business; Privileged Business;
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Questions of Privilege; Unanimous-Consent Agreements; and Suspension
of Rules.
Restrictions on Authority of Rules Committee
The broad power of the Committee on Rules to report resolutions
varying the order of business or providing a special order is
expressly restricted by rule XIII clause 6(c), which protects the
motion to recommit and the Calendar Wednesday call of committees. See
Refer and Recommit and Calendar Wednesday. The restriction relating to
Calendar Wednesday business preserves the requirement for a two-thirds
vote to dispense with business under rule XV clause 7. The rule
protects the ability of a reporting committee to call up, under the
general rules of the House, a measure it reported, thus bypassing the
necessity of a special order providing for consideration of the
measure. The restriction relating to the motion to recommit, which is
considered a fundamental prerogative of the minority, preserves the
opportunity to include proper instructions in the motion to recommit a
bill or joint resolution as described in rule XIX clause 2(b). Manual
Sec. 857.
In the 104th Congress, the restriction relating to the motion to
recommit was extended to prohibit the Committee on Rules from
recommending a rule or order that would prevent a motion by the
Minority Leader or his designee to recommit a bill or joint resolution
with instructions to report back an amendment otherwise in order,
except in the case of a Senate bill or joint resolution for which the
text of a House-passed measure is being substituted. Manual Sec. 857.
For a discussion of the restriction before it was extended to include
amendatory instructions, see Manual Sec. 859.
A special order providing for consideration of a bill under
suspension of the rules does not violate rule XIII clause 6 because no
motion to recommit is available under suspension when the previous
question is not in order. Manual Sec. 859; 8 Cannon Sec. 2267.
Section 425 of the Congressional Budget Act of 1974 precludes
consideration of a measure imposing Federal intergovernmental mandates
above a specified threshold amount. Manual Sec. 1127; 2 USC
Sec. 658e(a). Section 426 precludes the consideration of a special
order of business that waives points of order under section 425 of the
Congressional Budget Act. However, this restriction is ``enforced'' by
a Member raising a point or order against the rule and then the House
disposing of the question of consideration on the rule. The attention
of the House is thus focused on the waiver. After limited debate, the
House may decide to proceed with consideration of the rule. See
Unfunded Mandates.
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Application to Various Measures
The privilege of the Committee on Rules to report special orders
of business extends to special orders for the consideration of
individual bills or classes of bills or the consideration of a
specified amendment to a bill and the prescription of a mode of
considering such amendment. 5 Hinds Sec. 6774; 8 Cannon Sec. 2258; see
Sec. 6, infra.
Customarily, a committee that has reported, or has jurisdiction
over, a measure requests the Committee on Rules to provide a special
order of business for its consideration. However, the Committee on
Rules also may provide for consideration of an unreported bill (the
adoption of the resolution discharges the committees to which the bill
was referred). 8 Cannon Sec. 2259; Deschler Ch 21 Sec. Sec. 16.15-
16.17. It may even provide for the consideration of a bill that has
not yet been introduced or permit consideration of a measure that
comes into existence by virtue of adoption by the House of the special
order. Manual Sec. 855; 8 Cannon Sec. 3388. For example, it may
provide for consideration of a joint resolution originated upon
adoption of the special order consisting of the text of a Senate-
passed joint resolution identical to a measure previously rejected by
the House under a separate statutory approval procedure. 99-2, Apr.
15, 1986, p 7531.
The Committee on Rules also may recommend a ``hereby'' resolution
that provides for a concurrent resolution correcting the enrollment of
a bill to be considered as adopted by the House upon the adoption of
the special order. Similarly, it may provide that a Senate amendment
pending at the Speaker's table and otherwise requiring consideration
in Committee of the Whole be ``hereby'' considered as adopted upon
adoption of the special order or considered as adopted with a further
specified amendment. Manual Sec. 855; Deschler Ch 21 Sec. 16.11. In
both cases, there is no bill or joint resolution pending initial final
passage. Therefore, the stricture under rule XIII clause 6(c) against
denying a motion to recommit with instructions is not operative.
A special order of business may make in order two or more
propositions. It also may link two measures separately considered into
one engrossment. Manual Sec. 476.
Special orders of business that prescribe procedures for the
consideration of conference reports and amendments between the Houses
may:
Waive points of order against a conference report and against
its consideration. 107-1, Dec. 12, 2001, p ____.
Provide for the immediate consideration of a conference report
when it is eventually reported from the committee of
conference. Deschler Ch 21 Sec. 16.
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Permit a motion to ``hook-up'' a House-passed measure with a
similar Senate-passed measure and a motion to go to conference.
107-1, July 12, 2001, p ____.
Provide for a motion to dispose of Senate amendments to a
House bill. 104-1, Dec. 13, 1995, p 36290.
Permit a third-degree amendment to be offered to a Senate
amendment. 103-1, Sept. 30, 1993, p 23148.
Allow conferees to refile a conference report in a corrected
form without a new meeting or new signatures. 104-1, Nov. 17,
1995, p 33741.
The Committee on Rules has reported as privileged a special order
of business nearly identical to one previously rejected by the House,
but it was held not to constitute ``another of the same substance''
within the meaning of Jefferson's Manual because it provided a
different scheme for general debate. Manual Sec. 515.
At the convening of a new Congress, a special order of business
has been offered as privileged at the direction of the majority party
conference to provide for consideration in the House of a resolution
to adopt the rules of a new Congress. Manual Sec. 60.
Waivers
The Committee on Rules may report and call up as privileged
resolutions temporarily waiving or altering any rule of the House,
including statutory provisions enacted as an exercise of the
rulemaking authority of the House, that would prohibit the
consideration of a bill or otherwise establish an exclusive procedure
for consideration of a particular type of measure. Manual Sec. 857.
For example, the Committee on Rules has reported as privileged a joint
resolution repealing the statutory requirement--a joint rule--that
each House adjourn sine die not later than July 31. Manual Sec. 1106.
Points of order do not lie against the consideration of a special
order for waiving points of order against a measure, as it is for the
House to determine, by a majority vote on the adoption of the
resolution, whether certain rules should be waived. Deschler Ch 21
Sec. 16.9. However, a statutory rule may contain language restricting
the authority of the Committee on Rules to recommend a waiver. See
Unfunded Mandates.
Under rule XIII clause 6(g), a special order of business shall,
``to the maximum extent possible,'' be specific with respect to any
waiver of a point of order against the underlying measure or against
its consideration. Manual Sec. 863.
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Sec. 2 . Reporting Special Orders of Business
Generally; Typography
Under rule XIII clause 3(g), a report from the Committee on Rules
repealing or amending a standing rule must include a Ramseyer-type
comparative print; that is, appropriate typography showing the
proposed omissions or insertions. This clause does not apply to
resolutions that merely provide temporary waivers of rules during the
consideration of particular legislative business. Manual Sec. 848.
Privilege and Precedence of Reports
A report from the Committee on Rules enjoys high privilege. 8
Cannon Sec. 2260. It takes precedence over a privileged motion to
discharge a committee and has been called up before District of
Columbia business that is privileged on District Day. Deschler Ch 21
Sec. Sec. 17.7, 17.8. A report from the Committee on Rules takes
precedence over a motion to consider a measure that is ``highly
privileged'' pursuant to a statute enacted as an exercise of the
rulemaking authority of the House, acknowledging the constitutional
authority of the House to change its rules at any time. Manual
Sec. 857.
Although highly privileged, a report from the Committee on Rules
yields to the presentation of conference reports (5 Hinds Sec. 6449)
and to a question of the privileges of the House (8 Cannon Sec. 3491).
A report is not in order after the House has voted to go into
Committee of the Whole. 5 Hinds Sec. 6781.
At the convening of a new Congress, a special order of business
has been offered as privileged at the direction of the majority party
conference to provide for consideration in the House of a resolution
to adopt the rules of a new Congress. Manual Sec. 60.
Once a special order of business is under debate, the House can
postpone further consideration and proceed to other business only by
unanimous consent. Deschler Ch 21 Sec. 17.11. However, under rule XVI
clause 2, the manager of the resolution can withdraw it from
consideration before a decision has been made thereon. Deschler Ch 21
Sec. 18.41. If the resolution is later reoffered, debate under the
hour rule begins anew. Deschler Ch 21 Sec. 17.11 (note).
Reporting to the House; Calling Up
Under rule XIII clause 6(d), the Committee on Rules must present a
special-order resolution to the House within three legislative days of
the time when it orders a report with respect to the underlying
measure. Manual Sec. 861.
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Ordinarily, a report from the Committee on Rules is called up for
consideration by a member of that committee who has been so
authorized. However, under rule XIII clause 6(d), if the report has
been on the House Calendar for seven legislative days without being
called up, any member of the committee may call it up provided the
member gives notice of one calendar day of his intention to do so.
This rule may be invoked by a minority member of the committee. Manual
Sec. 861.
Under rule XIII clause 6(e), in the event an adverse report is
made by the Committee on Rules on a special order of business, any
Member of the House may call up the report and move the adoption of
the resolution on a day when motions to discharge committees are in
order. Manual Sec. 861; see Discharging Measures From Committees.
Same-day Consideration
Although it is always in order to call up for consideration a
resolution reported from the Committee on Rules relating to the order
of business, it may not be considered on the same legislative day as
reported under rule XIII clause 6(a) unless so determined by a vote of
not less than two-thirds of the Members voting, a quorum being
present. This requirement does not apply to resolutions called up
during the last three days of a session. Manual Sec. 857. The
Committee on Rules may report a resolution waiving this requirement.
93-2, Dec. 19, 1974, p 41572.
The two-thirds vote needed for same-day consideration does not
alter the requirement that a simple majority must actually adopt the
resolution. Deschler Ch 21 Sec. 18.7. If consideration is ordered by a
two-thirds vote, a point of order that the resolution has not been
printed does not lie. Manual Sec. 857.
Under rule XIII clause 6(a)(2), the two-thirds vote requirement
for same-day consideration does not apply if the only effect of a rule
is to waive the three-day layover requirement for a particular
reported bill or the three-day layover and two-hour availability
requirement for a conference report and amendments in disagreement.
Manual Sec. 857.
A report filed by the Committee on Rules at any time before the
convening of the House on the next legislative day may be called up
for immediate consideration without the two-thirds requirement. If the
House continues in session into a second calendar day and then meets
again that day, or convenes for two legislative days on the same
calendar day, any report filed on the first legislative day may be
called up on the second without the question of consideration being
raised. Manual Sec. 857.
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Sec. 3 . Forms
Filing a Rule
Member: Mr. Speaker, by direction of the Committee on Rules, I
present a privileged report.
Speaker: The Clerk will report the title of the resolution. [After
Clerk reports title.] The report is referred to the House Calendar
and ordered to be printed.
Calling Up a Rule
Member: Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution ____ and ask for its immediate
consideration.
Speaker: The Clerk will report the resolution. [Unanimous consent
to waive the reading in full is normally not entertained.] The
gentleman from ____ is recognized for one hour.
Calling Up Rule on Same Day It Is Filed
Member: Mr. Speaker, by direction of the Committee on Rules, I
present a privileged report.
Speaker: The Clerk will report the title of the resolution. [After
Clerk reports title.] The report is referred to the House Calendar
and ordered to be printed.
Member: Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution ------ and ask for its immediate
consideration.
Speaker: The Clerk will report the resolution. [Unanimous consent
to waive the reading in full is normally not entertained.] The
question is, will the House consider the resolution. [If two-thirds
of those voting, a quorum being present, vote in the affirmative.]
The House has voted to consider the resolution, and the gentleman
from __________ is recognized for one hour.
Sec. 4 . Consideration of Special Orders of Business
Debate
Special orders of business reported from the Committee on Rules
are considered in the House, as distinguished from the Committee of
the Whole. Therefore, a Member recognized to call up a special order
of business by direction of the Committee on Rules manages one hour of
debate. Deschler Ch 21 Sec. 18. Other Members may be recognized only
if yielded time. Deschler Ch 21 Sec. 18.15. It is customary for the
Member calling up the resolution to yield 30 minutes of the hour to a
minority member of the Committee on Rules for purposes of debate only.
Deschler Ch 21 Sec. 18.15 (note). The minority member is permitted to
yield his time in segments to other Members.
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Debate on a special order of business may range to the merits of
the measure to be made in order because the question of consideration
of the bill is involved. However, it should not range to the merits of
a measure not to be considered under that special order. Manual
Sec. 948.
Amendments and Divisibility
Under rule XVI clause 5(b), a special order of business resolution
is not divisible. Manual Sec. 919. The manager of the special order of
business may offer one or more amendments thereto, and authorization
of the committee is not required. Deschler Ch 21 Sec. 18.23. The
resolution is not otherwise subject to amendment from the floor unless
the manager yields for that purpose or unless the House fails to order
the previous question. Deschler Ch 21 Sec. 18.19.
Dilatory Motions Not Permitted
The question of consideration may not be raised against a report
from the Committee on Rules. 5 Hinds Sec. Sec. 4961, 4962; 8 Cannon
Sec. Sec. 2440, 2441. The clause forbidding dilatory motions has been
construed strictly. 5 Hinds Sec. Sec. 5740-5742. As such, the
following have been excluded:
A motion to commit or recommit after the ordering of the
previous question. 5 Hinds Sec. Sec. 5593-5601; 8 Cannon
Sec. Sec. 2270, 2750, 2753.
An appeal from the Chair's decision not to entertain the
question of consideration or a motion to lay the pending
resolution on the table. 5 Hinds Sec. 5739.
A motion to postpone to a day certain. Manual Sec. 858.
A motion to table an amendment offered by the manager of the
rule. Manual Sec. 858.
A motion to reconsider the vote on the motion for the previous
question on the rule (and on any pending amendment thereto) is not
dilatory and may be laid on the table without carrying with it the
resolution itself. Manual Sec. 858; 5 Hinds Sec. 5739.
In the event that the motion for the previous question is rejected
on a privileged resolution from the Committee on Rules, the provisions
of clause 6(b) prohibiting ``dilatory'' motions no longer strictly
apply. As such, the resolution is subject to proper amendment, further
debate, or a motion to table or refer, subject to being preempted by a
preferential motion offered by another Member. Manual Sec. 858.
Only one motion to adjourn is admissible during the consideration
of a report from the Committee on Rules, and the motion may not be
offered when another Member has the floor. Manual Sec. 858. Where the
House adjourns during the consideration of a report from the Committee
on Rules,
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further consideration of the report becomes unfinished business on the
following day, and debate resumes from the point where interrupted.
Manual Sec. 858.
Rejection of Motion for Previous Question
In the event that the motion for the previous question is
rejected, the Member who has led the opposition will be recognized for
one hour unless preempted by a preferential motion, such as the motion
to table, which may be offered by any Member. The Member recognized
may yield such time as he desires, may offer an amendment to the
resolution, and may move the previous question on the amendment and
the resolution. Deschler Ch 21 Sec. 18.
Voting
A special order of business requires a majority vote for adoption.
4 Hinds Sec. 3169. Under rule XX clause 8, the Speaker has the
authority to postpone for up to two legislative days a record vote on
the motion for the previous question or on the adoption of a rule.
Manual Sec. 1030; see Voting.
Sec. 5 . Modification of Special Orders of Business
By Resolution
The Committee on Rules may report a privileged resolution
modifying the operation or effect of a previous special order adopted
by the House. Such a resolution may provide additional procedures to
govern the further consideration of a measure already pending in
Committee of the Whole and may include limitations on further debate
or amendments. 8 Cannon Sec. 2258; Deschler Ch 21 Sec. Sec. 16.26,
16.27.
By Unanimous Consent in the House
A unanimous-consent request to modify the terms established by a
special order providing for the consideration of a measure in the
Committee of the Whole may be made after its adoption by the House and
before completion of consideration of the underlying measure in the
Committee. 99-2, Sept. 24, 1986, p 25890.
A unanimous-consent request may not be entertained in the
Committee of the Whole if the request would materially modify
procedures required by a special order of business adopted by the
House. Such requests must be
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made in the House. For example, the following requests may not be
entertained in the Committee of the Whole:
To permit a perfecting amendment to be offered to the
underlying bill where a special order permitted its
consideration only as a perfecting amendment to a committee
amendment.
To permit a substitute to be read for amendment by section
where the special order did not so provide.
To extend the time limitation for consideration of amendments
beyond that set by a special order requiring the Chair to put
the question on the pending amendments at the expiration of
certain hours of consideration.
To restrict authority granted in a special order to ``en
bloc'' amendments.
To change the scheme for control or duration of general debate
specified by the House.
To preempt the Chair's discretion to postpone and cluster
votes or to schedule further consideration of a pending measure
to a subsequent day.
To postpone a vote on an appeal of a ruling of the Chair.
To permit an amendment to an amendment rendered unamendable by
a special order or to permit a subsequent amendment changing
such unamendable amendment after its adoption.
To permit consideration of an amendment out of the order
specified in a special order.
To permit consideration of an additional amendment or to
authorize a supplemental report from the Committee on Rules in
lieu of the original report referred to in the special order.
To permit another to offer an amendment vested in a specified
Member.
To permit a division of the question on an amendment rendered
indivisible by a special order.
Manual Sec. 993.
Although the House may alter the terms of an adopted special order
to make an additional amendment in order in the Committee of the
Whole, the Chair may decline to entertain a unanimous-consent request
to admit an additional nongermane amendment unless assured the request
has been cleared. This is consistent with the Speaker's announced
policy of conferring recognition for unanimous-consent requests for
the consideration of unreported bills and resolutions only when
assured that the majority and minority floor and committee leaderships
have no objection. Manual Sec. Sec. 857, 956.
The Member offering an amendment in the Committee of the Whole
pursuant to a special order of the House has the burden of proving
that it meets the description of the amendment made in order. Manual
Sec. 993.
By Unanimous Consent in the Committee of the Whole
The Chairman of the Committee of the Whole may entertain a
unanimous-consent request to modify a special order of business if the
request
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proposes merely an incidental or minor change to the special order.
For example, the following unanimous-consent requests have been
entertained in Committee of the Whole:
To permit the modification of a designated amendment rendered
unamendable by a special order, once offered, if the request is
propounded by the proponent of the amendment, including as
unfinished business where proceedings on a request for a
recorded vote have been postponed.
Note: In this case, the modification is not technically an
amendment to the designated amendment and is thus not specifically
foreclosed by the special order.
To permit a page reference to be included in a designated
amendment made in order as printed where the printed amendment
did not include that reference.
To permit a supporter of an amendment to claim time for debate
allocated by special order to an opponent, where no opponent
seeks recognition.
To shorten the time set by special order for debate on a
particular amendment.
To lengthen the time set by special order for debate on a
particular amendment under terms of control congruent with
those set by the order of the House.
To permit en bloc consideration of several amendments under a
special order providing for the sequential consideration of
designated separate amendments.
To permit one of two committees controlling time for general
debate pursuant to a special order to yield control of its time
to the other.
To permit the offering of pro forma amendments for the purpose
of debate under a special order limiting both amendments and
debate thereon (but not addressing pro forma amendments).
To reach ahead in the reading of a general appropriation bill
to consider one amendment without prejudice to others earlier
in the bill under a special order of the House contemplating
that each remaining amendment be offered only at the
``appropriate point in the reading of the bill.''
To permit the reading of an amendment that already was
considered as read under the special order of the House.
Manual Sec. 993.
By unanimous consent the House may delegate to the Committee of
the Whole authority to entertain unanimous-consent requests to change
procedures contained in an adopted special order. Manual Sec. 993.
Sec. 6 . Procedures Prescribed by Special Orders of Business
In recent Congresses, special orders of business have provided for
the consideration of amendments in a variety of ways, from ``open''
rules
[[Page 868]]
(which are silent on the amendment structure) to ``closed'' (which
preclude all amendments). In between these two extremes, special
orders have:
Specified consideration that is open in part and restricted in
part. 106-1, Aug. 4, 1999, p ____
Permitted only specified amendments. 107-1, Aug. 1, 2001, p
____.
Required first-degree amendments to be printed in the
Congressional Record. 107-1, July 19, 2001, p ____.
Specified that certain amendments be ``considered as
adopted,'' often referred to as ``self-executed.'' 107-1, Aug.
1, 2001, p ____.
Authorized the floor manager to offer en bloc amendments
consisting of the text of other amendments made in order. 107-
1, Sept. 19, 2001, p ____.
Left the amendment process open only for a specified period of
time. 106-2, May 10, 2000, p ____.
Although the Committee on Rules may announce a policy that it
intends to make in order only preprinted amendments, the committee may
in fact, without violating a rule of the House, report a special order
making in order an unprinted amendment. Manual Sec. 857.
An amendment may be ``self-executed'' by adoption of a special
order of business even if, considered separately, it would violate a
rule of the House. For example, a special order may ``self-execute''
an amendment that contains:
An appropriation in violation of rule XXI clause 4. Manual
Sec. 855.
An appropriation in violation of rule XXI clause 2. Manual
Sec. 855.
Nongermane provisions in violation of rule XVI clause 7.
Manual Sec. 855.
Normally, a rule that precludes any amendment, or permits only one
amendment, provides for the consideration of the measure in the House.
A rule that permits more than one amendment normally provides for
consideration in the Committee of the Whole.
One procedure involving the consideration of amendments is called
``king of the hill.'' Although regular order does not permit further
amendments to a text once it has been amended in its entirety, a
``king of the hill'' rule permits several substitute amendments to be
voted on in the Committee of the Whole, with only the last one adopted
to be considered as finally adopted and reported to the House. The
Committee on Rules also has reported a special order of business
providing for a variation of that procedure. This procedure permits
consideration of conflicting amendments in a series, with only the one
winning the most votes being finally voted on in the House.
[[Page 869]]
Special orders of business often make in order as original text
something other than the text of the introduced measure. For example,
the base text may be specified to be:
A substitute reported by the committee of jurisdiction (the
most common text made in order). 107-1, May 10, 2001, p ____.
A substitute reported by the committee of primary jurisdiction
modified by amendments reported by a committee of secondary
jurisdiction. 107-2, Apr. 10, 2002, p ____.
The text of another introduced bill or a specified preprinted
amendment (such as in the report accompanying the special
order). 107-1, Oct. 3, 2001, p ____.
An amendment first adopted in the Committee of the Whole. 104-
1, Aug. 2, 1995, p 21678.
Introduced text as modified by amendments printed in the
report accompanying the special order. 107-1, Dec. 6, 2001, p
____.
The Committee on Rules may report resolutions that provide special
procedures to expedite consideration or accomplish specific results.
For example, a resolution may authorize priority in recognition for
the offering of amendments to Members who had their amendments
preprinted in the Congressional Record.