[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 2. Amendments]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 2 - AMENDMENTS
HOUSE PRACTICE
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 Congressional Record
B. Permissible Pending Amendments
Sec. 13. In General; 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 and Insert
Sec. 24. Substitute Amendments
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Sec. 25. Offering Amendments During Yielded Time
Sec. 26. Effect of Previous Question; Expiration of Time for Debate
E. Consideration and Voting
Sec. 27. In General; Reading of Amendment
Sec. 28. Order of Consideration Generally; Postponed and Clustered
Votes on Amendments
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 the 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 the
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
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Research References
5 Hinds Sec. Sec. 5753-5800
8 Cannon Sec. Sec. 2824-2907a
Deschler Ch 27
Manual Sec. Sec. 413, 456, 469, 902, 905, 911, 919-927, 978-
981, 986-989, 991
A. Amendments Defined and Distinguished; Forms
Sec. 1 . In General; Formal Requisites
Generally
The four forms of amendment are specified by rule XVI clause 6.
They are:
The amendment to the pending proposition
Amendments to the amendment
Substitute amendments
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
Sec. Sec. 5753, 5785; 8 Cannon Sec. Sec. 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, or as the designee, of
another Member, but he may not offer it in the other Member's name or
jointly. Deschler Ch 27 Sec. 1.11. Furthermore, he may not offer an
amendment to his own amendment; an amendment once offered may not be
directly modified by its proponent except by unanimous consent.
Sec. 37, infra.
Formal Requirements; Written or Oral Motions
Pursuant to 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 the Committee of the Whole, the Clerk transmits
copies of offered amendments to the majority and the minority tables
in accordance with rule XVIII clause 5(b), although the failure of the
Clerk to promptly trans
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mit such copies is not the basis for a point of order against the
amendment. Deschler Ch 27 Sec. 22.11.
An amendment must contain instructions to the Clerk as to the
portion of the text 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
Sec. Sec. 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 by a vote on the
merits of the amendment. 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 first-degree
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.) However, this
sequence is reversed with respect to the offering of amendments,
because 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. Sec. 21, infra.
Nevertheless, considerable latitude is permitted in the order of
offering amending propositions. For example, in one instance five
amendments were offered in the following order: (1) an amendment in
the nature of a substitute for the pending measure, (2) a substitute
therefor, (3) a perfecting amendment to the original text, (4) a
perfecting amendment to the substitute, and (5) a perfecting amendment
to the amendment in the nature of a substitute. Deschler Ch 27
Sec. 5.28. Indeed, under this scenario, three further amendments would
have been in order: (1) a substitute to the perfecting amendment to
the original text; (2) a perfecting amendment to the substitute; and
(3) a perfecting amendment to the amendment to the original text.
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Effect of Special Rule
Bills are frequently considered pursuant to the terms of a special
rule or resolution reported by the Committee on Rules. The resolution
may specify 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. The
resolution may also ``self-execute'' an amendment by considering that
amendment as adopted. Sec. 11, infra. Such special rules are
themselves subject to germane amendment while the rule is pending if
the Member in 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 an
amendment should be perfected before agreeing to it. Manual Sec. 456.
The term ``perfecting amendment'' includes amendments to insert as
well as amendments to strike and insert. Deschler Ch 27 Sec. 15.
Furthermore, a perfecting amendment may take the form of a motion to
strike 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 before 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 the section or paragraph is
pending, and are disposed of first. Deschler Ch 27 Sec. 15.15. Indeed,
all perfecting amendments to a section of a bill must be disposed of
before the vote recurring on a pending motion to strike the section.
Deschler Ch 27 Sec. 24.3. If the perfecting amendment changes all the
words proposed to be stricken, the motion to strike necessarily falls
and is not voted on because the entirety of the amendment has been
changed. Deschler Ch 27 Sec. 24.15.
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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, which is consistent with the principle that text
should be perfected before stricken or retained. See Sec. 21, infra.
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. However, 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 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 and insert is usually a perfecting amendment
(Deschler Ch 27 Sec. 16), and is not divisible under rule XVI clause
5. A motion to strike 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. However, even if agreed to, the
perfected language is subject to being eliminated by subsequent
adoption of the motion to strike in cases where the perfecting
amendment has not so changed the text as to render the original motion
to strike an improper change of language already adopted. Deschler Ch
27 Sec. 17.12 (note).
Sec. 5 . Motions to Strike
A motion proposing to strike 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 a section that 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 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 under
rule XVIII clause 9. Manual Sec. 988.
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Sec. 6 . Substitute Amendments
A substitute always proposes to replace all the words of a pending
amendment. The amendatory instructions contained in a substitute
direct changes to be made in the original language rather than to the
pending amendment. Although a substitute may change parts of a bill
not changed by the pending amendment, the substitute must be germane
to the pending amendment. 8 Cannon Sec. Sec. 2879, 2883; Deschler Ch
27 Sec. 18.6. A substitute may result in similar language to the
original text proposed to be changed by the pending amendment but may
not result in identical language. Deschler Ch 27 Sec. 18.15.
A substitute for a motion to strike is not in order. Deschler Ch
27 Sec. 18.8. A motion to strike is not in order as a substitute for a
pending motion to strike 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 that 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 and insert. However, the term ``amendment in the
nature of a substitute'' properly applies only to those motions that
propose to strike an entire pending bill, though it is sometimes used,
less precisely, to describe motions proposing to strike an entire
pending section or title of text and to insert new matter. It should
not be used to describe those motions to strike 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.
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Where an amendment in the nature of a substitute for a bill has
been adopted in the Committee of the Whole, the measure is no longer
open to amendment 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. 923.
Sec. 8 . Pro Forma Amendments
Pro forma amendments have been in use during debate in the
Committee of the Whole 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. Although 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 that might
otherwise be prohibited because of the time limitations of the five-
minute rule. Rule XVIII clause 5; Deschler Ch 27 Sec. 2. A special
order may limit the offering of substantive amendments but enable pro
forma amendments for the purpose of debate. A pro forma amendment may
be offered after a substitute has been adopted and before the vote on
the amendment, as amended, by unanimous consent only because the
amendment has been amended in its entirety and no further amendments,
including pro forma amendments, are in order. Manual Sec. 981.
A Member who has occupied five minutes on a pro forma amendment:
May not lengthen this time by making a second pro forma
amendment or offer a pro forma amendment to his original
amendment. Manual Sec. 981; 5 Hinds Sec. 5222; 8 Cannon
Sec. 2560.
May not extend this time by offering a substantive amendment
while other Members are seeking recognition. Manual Sec. 981.
May rise in opposition to a pro forma amendment offered by
another Member when recognized for that purpose. Manual
Sec. 981; Deschler Ch 27 Sec. Sec. 2, 2.21.
May offer a second-degree amendment and then offer a pro forma
amendment to debate the underlying first-degree amendment.
Manual Sec. 981.
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 Sec. Sec. 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. Manual
Sec. 981.
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Sec. 9 . Precedence of Motion Generally
In General
Rule XVI clause 4 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 sixth position, taking precedence over the motion to postpone
indefinitely. Under that 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. Manual Sec. 911. Because 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).
Explaining or Opposing an Amendment
In the 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. Manual Sec. 926; 8 Cannon Sec. 2660. 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. Deschler Ch 23 Sec. 18.3. The previous
question having been voted down, an amendment may be offered. However,
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. Deschler Ch 23 Sec. 20.3. 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.
Deschler Ch 23 Sec. 20.7.
In the House as in the Committee of the Whole, 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
Under rule XVIII clause 9, the motion to strike the enacting
clause takes precedence over a motion to amend. Manual Sec. 989. The
motion may be offered while an amendment is pending. 5 Hinds
Sec. 5328; 8 Cannon Sec. 2624. The rejection of a preferential motion
to strike the enacting clause permits the offering of proper
amendments. Deschler Ch 23 Sec. 14.13.
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In the Committee of the Whole, where the motion is utilized under
the modern practice, the motion must be phrased as a recommendation,
because only the House can directly reach the enacting clause.
Mr. __________ moves that the Committee do now rise and report
the bill back to the House with the recommendation that the enacting
clause be stricken.
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. Although the
motion to strike the enacting clause is pending, not even a pro forma
amendment to strike 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 the 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 Sec. Sec. 4752-4758. However, the motion to amend
yields to the simple motion that the Committee rise. 4 Hinds
Sec. 4770. Under rule XXI clause 2(d), the motion to rise and report,
if offered by the Majority Leader (or designee), takes precedence over
an amendment proposing a limitation after a general appropriation bill
has been completely read for amendment. Manual Sec. 1040.
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. 927. Unless precluded by the
operation of the previous question, the motion to amend may be applied
to a motion:
To postpone. 5 Hinds Sec. 5754; 8 Cannon Sec. 2824.
To amend. 5 Hinds Sec. 5754.
To refer. 5 Hinds Sec. 5754.
To recommit. 5 Hinds Sec. 5521; 8 Cannon Sec. Sec. 2695, 2738,
2762.
To recommit with instructions. 8 Cannon Sec. Sec. 2698, 2699,
2712, 2759.
To declare a recess. 5 Hinds Sec. 5754.
To instruct conferees. 8 Cannon Sec. Sec. 3231, 3240.
To change the reference of a public bill if the amendment is
authorized by the appropriate committee. Manual Sec. 825; 7
Cannon Sec. 2127. But see 4 Hinds Sec. 4378.
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When Not Permitted
A motion to amend may not be applied to a motion:
To order the previous question. Manual Sec. 452.
To table. 5 Hinds Sec. 5754.
To suspend the rules, although a motion to suspend the rules
and pass a measure may include a proposed amendment to the
measure. 5 Hinds Sec. Sec. 5405, 6858, 6859.
To adjourn, as by specifying a particular day. 5 Hinds
Sec. Sec. 5360, 5754.
To go into the Committee of the Whole to consider a privileged
bill. Manual Sec. 927; 6 Cannon Sec. Sec. 52, 724.
To take up a designated bill in the Committee of the Whole. 8
Cannon Sec. 2865.
To strike 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 by the Committee on Rules. Such rules may
specify the amendments that 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 the Committee of the Whole. Deschler Ch 27 Sec. 3.77; see also
Special Rules.
Legislation may be considered:
Under an ``open'' rule, which places no restrictions on
amendment.
Under a rule that is ``closed'' or ``modified-closed'' that
strictly restricts the universe of amendments to, for example,
amendments specified in the report of the Committee on Rules
accompanying the rule.
Under a rule that is ``open in part,'' ``closed in part,'' or
``open for a time, closed thereafter.''
Under a rule that is ``modified open,'' which places minor
restrictions on amendments, for example, requiring preprinting
in the Congressional Record.
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
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standing rules of the House. Deschler Ch 27 Sec. 3.7. Where a bill is
being considered under a ``closed'' rule, even pro forma amendments
are not in order. Deschler Ch 27 Sec. 3.34. A ``modified-closed rule''
permits only designated amendments or a designated class of
amendments. Deschler Ch 21 Sec. 22.8.
The Committee of the Whole may not substantively restrict the
offering of amendments in contravention of a special rule adopted by
the House. Manual Sec. 993; Deschler Ch 27 Sec. 3. However, a
unanimous-consent request may be entertained in the Committee of the
Whole by the Chair if its effect is to allow procedures that differ
only in minor or incidental respects from the procedure required by a
special rule adopted by the House. The Manual carries a list of
unanimous-consent requests that have been permitted in the Committee
of the Whole. Manual Sec. 993. 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. Such a rule may
provide that a specified amendment ``shall be considered to have been
adopted.'' The Committee on Rules has also reported rules that have
``self-executed'' the adoption of nongermane amendments. The committee
has also reported rules that have ``self-executed'' the adoption of an
amendment that became original text for the purpose of further
amendment. Manual Sec. 855; Deschler-Brown Ch 31 Sec. 10.14.
Sec. 12 . -- Amendments Printed in the Congressional Record
The Committee on Rules may report a rule that precludes amendments
that have not been printed in the Congressional Record. 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. Only the House,
by unanimous consent, may permit the offering of an amendment that
differs in any way from an amendment permitted under the rule.
However, an offeror may
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modify his amendment by unanimous consent in the Committee of the
Whole once pending. Manual Sec. 993; Deschler Ch 27 Sec. Sec. 3.25-
3.27.
Where a special rule restricts the offering of amendments to those
printed in the Congressional Record but does not specify the Members
who must offer them, the right to propose amendments properly inserted
in the Record inures to all Members. 105-2, Sept. 17, 1998, p ____.
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 . In General; The Stages of Amendment
The checklist below and the above chart show the four common
motions that may be pending simultaneously under rule XVI clause 6 (5
Hinds Sec. 5753) and the order in which they are voted on (see also
Sec. 28, infra):
To amend the text (4)
To amend the proposed amendment (1)
To amend by a substitute (3)
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
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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 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 by 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, pursuant to special rule, up to
eight amendments to the pending text were pending simultaneously. 96-
1, May 15, 1979, p 1050.
There is no limit to the number of amendments that may be offered
either to an amendment or to a substitute so long as not changing a
previously adopted amendment. When one second-degree amendment has
been disposed of, another can be offered. Deschler Ch 27 Sec. 5.16.
Where both an amendment and a substitute have been offered, each may
have one amendment pending to it at one time. Deschler Ch 26
Sec. Sec. 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 before 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 Sec. Sec. 5.7, 5.17, 5.24. However, 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 Sec. Sec. 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
[[Page 29]]
the substitute are in order following disposition of the pending
amendment to the substitute. Deschler Ch 27 Sec. 5.25.
Amending Amendments in the Nature of a Substitute
When specifically 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. As often as
amendments to the amendment are disposed of, further amendments may be
offered and voted upon before 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 XVI clause 6 and is considered
fundamental in the House of Representatives. Manual Sec. 922; 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. Until the amendment to the amendment is
disposed of, no further amendment to the amendment may be offered.
Deschler Ch 27 Sec. 6.12.
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.
Substitutes for Pending Amendments Distinguished
As shown by the following chart, a substitute for a pending first-
degree amendment is subject to amendment, whereas a perfecting
amendment to an amendment is not, as that would be in the third
degree. Manual Sec. 928; Deschler Ch 27 Sec. 6. The substitute
permitted by rule XVI clause 6 is an alternative to the original
first-degree amendment and not for the amend
[[Page 31]]
ment 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.
Although 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 is pending, it is in order to offer an
amendment to perfect the language proposed to be stricken; 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. However, the Chair has hesitated to
rule out of order pro forma amendments as being in the third degree,
because 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.
C. When to Offer Amendment; Reading for Amendment
Sec. 15 . In General; Reading by the Clerk
Under rule XVI clause 5, a second reading occurs in the Committee
of the Whole after general debate when a measure is read for amendment
[[Page 32]]
under rule XVIII clause 5. Under rule XVIII clause 5(a), amendments
are not in order in the Committee of the Whole until general debate
has been closed. 4 Hinds Sec. 4744. Amendments are then taken up under
the five-minute rule. Manual Sec. 978. 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 section, it is not in order to offer
amendments except to the one section under consideration. Deschler Ch
27 Sec. 7. After a section or paragraph has been passed, it is no
longer subject to amendment. Manual Sec. Sec. 413, 980.
Bills are ordinarily read for amendment by section or paragraph in
sequence. However, the House, by unanimous consent or special rule,
may vary the reading of a bill for amendment under the five-minute
rule in the Committee of the Whole, which may include dispensing with
the reading entirely. Deschler Ch 27 Sec. Sec. 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 the 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. 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 because that order of the House had been
superseded by a subsequent order of the House. 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
and remain in order until the reading of the next portion to be
considered. Deschler Ch 27 Sec. 7. Generally, an amendment comes too
late when the Clerk has read beyond the section to which the amendment
applies. 8 Cannon Sec. 2930; Deschler Ch 27 Sec. 8.1.
An amendment offered as a new section is in order to a bill being
read by section after the Clerk has read up to, but not beyond, the
point at which
[[Page 33]]
the amendment would be inserted. The amendment must be offered after
the consideration of the section of the bill that it would follow, and
comes too late after the next section of the bill has been read for
amendment. 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. Deschler Ch 27
Sec. 7.35.
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. Deschler Ch 27
Sec. 8.22. 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 or otherwise amend portions of a bill
not yet read for amendment. Deschler Ch 27 Sec. 9. 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 section,
amendments to more than one section may be considered en bloc by
unanimous consent only. Deschler Ch 27 Sec. 9.14.
During the reading of an appropriation bill, rule XXI clause 2(f)
permits the offering of certain budget-neutral amendments to text not
yet read. Such amendments may propose only to transfer appropriations
among objects in the bill and are not subject to division. Manual
Sec. 1042.
Sec. 18 . Amendments to Bills Considered as Read and Open to Amendment
Unless permitted by special order, 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 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 consent is granted
that the remainder of the bill be open
[[Page 34]]
to amendment at any point, amendments may then be offered to any
portion of the bill not yet read for amendment at the time the
permission is granted and amendments remain in order to that portion
of the bill pending when the request was granted. Deschler Ch 27
Sec. 11.9; 94-1, June 4, 1975, p 16899. However, 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. Points of order to
the text open to amendment are disposed of before the offering of
amendments. See Points of Order.
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 or following the reading of the final section (or paragraph)
of the bill. Deschler Ch 27 Sec. Sec. 12.1, 12.2, 12.4. To a bill
being read for amendment by title, 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 unless the bill is
considered as having been read for amendment, in which case an
amendment in the nature of a substitute may be offered at any time
during consideration of the bill. Deschler Ch 27 Sec. Sec. 12.3,
12.10.
Although 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 section and before 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 before the
offering of amendments in the nature of a substitute. Deschler Ch 27
Sec. 12.13.
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 as original text) after the reading
thereof has been completed, if another amendment in the nature of a
substitute has not been previously adopted. Deschler Ch 27 Sec. 12.6.
[[Page 35]]
Sec. 20 . Recognition to Offer Amendments; Priority
Necessity of Recognition
Under rule XVII clause 2, decisions on recognition rest with the
Chair. Therefore, a Member wishing to offer an amendment must first be
recognized by the Chair for that purpose; and a Member holding the
floor under the five-minute rule may not yield to another Member to
offer an amendment. 2 Hinds Sec. 1422; Deschler Ch 27 Sec. Sec. 4.1,
4.6.
Discretion of Chair
Except in cases where he is governed by a special order adopted by
the House, recognition for the purpose of offering amendments is
within the discretion of the Chair. Deschler Ch 27 Sec. Sec. 4.2, 4.3.
No point of order lies against the Chair's recognition of one Member
over another. Deschler Ch 27 Sec. 4.4. 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.
Deschler Ch 27 Sec. 4.19. No appeal lies from the Chair's decision on
recognition to offer amendments. Manual Sec. 949.
Priority of Committee Amendments
Amendments recommended by a committee reporting a bill are
normally considered before amendments offered from the floor,
including instances where a 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
The Chair ordinarily accords priority in recognition to members of
the committee reporting the bill, if on their feet seeking
recognition. Deschler Ch 27 Sec. 4.8. This is so despite the party
affiliation of such Members. Deschler Ch 27 Sec. 4.10.
Members of the reporting committee or committees are normally
accorded prior recognition in order of full-committee seniority and
not by the sequence of lines in the pending paragraph to which those
amendments may relate. Deschler Ch 27 Sec. Sec. 4.11, 4.13, 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.
[[Page 36]]
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. 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 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 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 XVIII clause 9; Manual Sec. 988.
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. However, 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 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.
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 the text and is first acted
upon. Deschler Ch 27 Sec. Sec. 15.3, 15.4. Thus, an amendment
inserting new words is in order and takes precedence over a pending
motion to strike that portion of the text. Deschler Ch 27 Sec. 15.7.
Perfecting amendments to a paragraph may be offered (one at a
time) while a motion to strike the paragraph is pending, and such
perfecting amendments are first disposed of. Deschler Ch 27
Sec. Sec. 15.5, 15.15. Under this
[[Page 37]]
rule, where a perfecting amendment is offered and rejected, a second
perfecting amendment may be offered and disposed of before the vote on
a motion to strike. If the motion to strike is ultimately defeated,
further perfecting amendments to the pending text are yet in order.
Deschler Ch 27 Sec. Sec. 15.8, 15.26.
A motion to strike a pending portion of a bill will be held in
abeyance until perfecting amendments to that portion are disposed of.
Manual Sec. 469. However, 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. However, if perfecting amendments are
agreed to, and are coextensive with the material proposed to be
stricken, the motion to strike 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. A perfecting amendment to a
pending paragraph of a bill is in order and is not precluded 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 a section of a bill are in order
after perfecting amendments to the section are disposed of. Deschler
Ch 23 Sec. 17.3. A motion to strike a section or paragraph is not in
order while a perfecting amendment is pending. Deschler Ch 27
Sec. Sec. 16.6, 17.1. The motion to strike, if already pending, must
remain in abeyance until the amendment to perfect has been moved and
voted on. Manual Sec. 469; 5 Hinds Sec. 5758; 8 Cannon Sec. 2860.
Because a provision must be perfected before the question is put on
striking it out, a motion to strike a paragraph or section may not
[[Page 38]]
be offered as a substitute for a pending motion to perfect the
paragraph or section, including where the pending perfecting amendment
is a motion to strike and insert new text. Deschler Ch 27
Sec. Sec. 17.15-17.18. Although the motion to strike is not in order
in this situation as a substitute, it may be offered after disposition
of the perfecting amendment to strike and insert if more comprehensive
in scope. Deschler Ch 27 Sec. Sec. 17.30-17.32.
Although an amendment that 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 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 certain text and insert new language, a
simple motion to strike all that text may not be offered as an
amendment, as it would have the effect of dividing the motion to
strike and insert, which is prohibited by rule XVI clause 5. Deschler
Ch 27 Sec. 17.23.
Motion to strike unfunded Federal mandate, see rule XVIII clause
11; see also Sec. 49, infra.
Sec. 23 . Motions to Strike and Insert
As a perfecting amendment, a motion to strike and insert takes
precedence over a pending motion to strike. 8 Cannon Sec. 2849. It may
be offered while the motion to strike 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
the amended text falls and is not acted on. Deschler Ch 27 Sec. 16.4.
Under rule XVI clause 5, a motion to strike and insert is
indivisible. Manual Sec. 919. For this and other reasons, a motion to
strike is not in order as a substitute for a pending motion to strike
and insert. Deschler Ch 27 Sec. 17.18. Conversely, a motion to strike
and insert a portion of a pending section is not in order as a
substitute for a motion to strike 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.
Deschler Ch 27 Sec. 17.7.
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
[[Page 39]]
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, and the substitute is in order even after
perfecting amendments have been adopted to the amendment in the nature
of a substitute. Deschler Ch 27 Sec. Sec. 18.18, 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. 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.
Manual Sec. 923; see also, 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and
Deschler Ch 27 Sec. 18.25 (note).
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 or the
previous question is either not moved or is rejected. Deschler Ch 27
Sec. 13.6; 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.
[[Page 40]]
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, despite his prior announced intention
not to yield for such purpose. 8 Cannon Sec. 2470. The Member so
yielded to may then offer an amendment, be recognized for an hour, and
may himself yield time. Deschler-Brown Ch 29 Sec. 30.7.
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 the Committee of the Whole
A Member recognized under the five-minute rule may not yield to
another Member to offer an amendment. 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.
Sec. 26 . Effect of Previous Question; Expiration of Time for Debate
Generally; House Practice
The adoption of the previous question precludes further debate or
amendment on the pending measure and brings the House to an immediate
vote thereon. Rule XIX clause 1; 5 Hinds Sec. Sec. 5486, 5487;
Deschler Ch 27 Sec. 14.1. 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 XIX clause 2. Manual Sec. Sec. 1001,
1002; see Refer and Recommit.
The previous question is sometimes ordered on nondebatable motions
for the specific purpose of preventing amendments thereto. 5 Hinds
Sec. 5490.
Expiration of Debate Time in the 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
[[Page 41]]
27 Sec. 14.9. Under rule XVIII clause 8, 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. Manual Sec. 987;
Deschler Ch 27 Sec. 14.10. However, where a special rule limits the
time for consideration of amendments, an amendment may not be offered
upon the expiration of that time limitation. Manual Sec. 993; see also
Consideration and Debate.
E. Consideration and Voting
Sec. 27 . In General; Reading of Amendment
Generally
Amendments to a bill must be read in full or their reading
dispensed with in accordance with the rules. 8 Cannon Sec. 2339. 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. Deschler Ch 27 Sec. 22.5.
Amendments at the Clerk's desk must be offered by a Member before
they will be read by the Clerk. Deschler Ch 27 Sec. 7.27. 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 that were pending at the time the
Committee rose. Deschler Ch 27 Sec. 22.3.
Numbering Amendments
Amendments printed in the Congressional Record are numbered in the
order submitted for printing. Rule XVIII clause 8.
Dispensing with Reading
The reading of an amendment may be dispensed with by unanimous
consent or waived pursuant to the provisions of a special rule.
Deschler Ch 27 Sec. 22. 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
Congressional Record by the offeror of the amendment. Rule XVIII
clause 7; Manual Sec. 986.
Rereading Amendments
An amendment that has been once read may not be read again except
by unanimous consent. Deschler Ch 27 Sec. 22.2. It is not within the
province
[[Page 42]]
of the Chair to analyze the effect of amendments, and the Chair has
declined to recognize for unanimous consent that the Clerk read the
``differences'' between two pending amendments. Deschler Ch 27
Sec. 1.33.
Amendment in the 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
section in the absence of a special rule that specifies to the
contrary, and is open to amendment at any point when read in its
entirety. Deschler Ch 27 Sec. 22.6. 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. Deschler Ch 27
Sec. 22.7.
Sec. 28 . Order of Consideration Generally; Postponed and Clustered
Votes on Amendments
Voting Sequence
The four forms of amendment permitted by rule XVI clause 6 may be
pending simultaneously. Sec. 13, supra. However, as shown by the
following 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. Manual Sec. 922;
Deschler Ch 27 Sec. 23.
An amendment to an amendment must be offered before the question
is put on the underlying amendment. Deschler Ch 27 Sec. Sec. 18.3,
18.4. 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 before
voting on substitutes for the original amendment and amendments
thereto. Deschler Ch 27 Sec. 23.9.
Disposition of a perfecting amendment to a substitute amendment
does not preclude the offering of further perfecting amendments to the
substitute or the underlying amendment. However, when the substitute
is adopted, the Chair immediately puts the question on the original
amendment as amended by the substitute and further perfecting
amendments (including pro forma amendments) are not in order. Deschler
Ch 27 Sec. Sec. 23.8, 23.9.
[[Page 43]]
Effect of Special Rule
A special order reported by the Committee on Rules may reverse or
alter the normal order of consideration of amendments in the Committee
of the Whole. Where the House has adopted a special rule permitting
the consideration of amendments in the 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.
Manual Sec. 993; Deschler Ch 27 Sec. 23.
[[Page 44]]
Postponed and Clustered Votes on Amendments
Under rule XVIII clause 6(g), the Chairman of the Committee of the
Whole may postpone and cluster requests for recorded votes on
amendments to a subsequent place and time during the amendment process
as determined by the Chair. Special rules from the Committee on Rules,
before adoption of clause 6(g), routinely provided the Chairman of the
Committee of the Whole such authority. Manual Sec. 984.
Where a special rule provided such authority, the Chair has held:
Use of that authority, and the order of clustering, was
entirely within the discretion of the Chair.
An amendment pending as unfinished business where proceedings
on a request for a recorded vote had been postponed could be
modified by unanimous consent on the initiative of its
proponent.
A request for a recorded vote on an amendment on which
proceedings had been postponed could be withdrawn by unanimous
consent before proceedings resumed on the request as unfinished
business, in which case the amendment stood disposed of by the
voice vote thereon.
Unanimous consent is not required to withdraw a request for a
recorded vote on an amendment on which proceedings had been
postponed when the question recurs as unfinished business.
Such authority did not permit the Chair to postpone a vote on
an appeal of a ruling of the Chair (even by unanimous consent).
The Committee of the Whole by unanimous consent could vacate
postponed proceedings, thereby permitting the Chair to put the
question de novo.
The Committee of the Whole could resume proceedings on
unfinished business consisting of a ``stack'' of amendments
even while another amendment was pending.
Manual Sec. 984.
Clause 6(g) also provides the Chairman the ability to reduce to
five minutes the time for electronic voting on any such postponed
question that follows another electronic vote without intervening
business. The offering of a pro forma amendment to discuss the
legislative program, or an extended one-minute speech by a Member to
express gratitude to the Members on a personal matter, may be
considered intervening business such as to preclude a five-minute vote
under this authority except by unanimous consent. Manual Sec. 984.
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
[[Page 45]]
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, before 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 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 or
pursuant to a special rule. Deschler Ch 27 Sec. Sec. 27.2, 27.3,
27.14-27.16. Amendments considered en bloc by unanimous consent are
subject to germane amendment after they have been read. Once pending
they are open to perfecting amendment at any point. Deschler Ch 27
Sec. 27.7.
En bloc amendments may be offered to a pending amendment, but it
is not in order to consider en bloc amendments to amendments that have
not been reported. Deschler Ch 27 Sec. 27.10. En bloc amendments to
appropriation bills, see Appropriations.
The en bloc consideration of amendments in the Committee of the
Whole pursuant to a unanimous-consent request therein does not
necessarily result in an en bloc vote in the House, because 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 (note).
[[Page 46]]
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 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. Because 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.
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. Deschler Ch 27 Sec. Sec. 27.13, 27.14.
``King of the Hill''
The Committee on Rules has provided 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. E.g., 102-2,
June 3, 1992, p ____.
``Top Vote Getter'' Rule
On occasion, the Committee on Rules has reported a rule that
permitted several alternative amendments to be considered in a
specified order with the one receiving the largest majority being
reported back to the House. E.g., 104-1, Jan. 25, 1995, p ____.
``First Amendment Adopted'' Rule
On rules providing for the consideration of the concurrent
resolution on the budget, or on other rare occasions, the Committee on
Rules has waived all points of order against the amendments in the
nature of a substitute printed in the report accompanying the rule,
except that the adoption of an
[[Page 47]]
amendment in the nature of a substitute constituted the conclusion of
consideration of the concurrent resolution for amendment. E.g., 106-2,
Mar. 20, 2000, 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 before the vote recurring on a pending motion to strike the
section. Deschler Ch 27 Sec. 24.3. After the first perfecting
amendment has been disposed of, another may be offered and the vote on
the motion to strike is again deferred until the amendment is disposed
of. Deschler Ch 27 Sec. 24.5. 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. The
principle of perfecting text before considering an amendment striking
it from the bill is followed even where the motion to strike 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. Deschler Ch 27 Sec. 23.
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 48]]
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 that have 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 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, and no further
amendments to either proposition are in order, because 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, the ``germaneness'' rule, the prohibition against inclusion of
legislation in an appropriation bill, or the prohibition against
inclusion of an appropriation in a legislative bill. See Sec. 14,
supra; Appropriations; and Germaneness of Amendments. For 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
before debate on the amendment. 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
argument on the point of order. The Chair then has the discretion to
insist that the point of order be made following debate by the
proponent of the amendment and before recognition of other Members. If
the point of order is made rather than reserved, the Member making the
point of order is immediately recognized for argument thereon, before
debate on the merits of the amendment. See Points of Order;
Parliamentary Inquiries.
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. The
reserving Member need not specify the basis of his reservation. The
reservation of the
[[Page 49]]
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. See Points of Order; Parliamentary
Inquiries.
Sec. 34 . -- Timeliness
Generally
Except as provided in the last paragraph of this section, a point
of order against an amendment is properly made (or reserved)
immediately after the reading thereof, following agreement to a
unanimous-consent request that the amendment be considered as read, or
at any time before debate has begun on the amendment. It should be
disposed of before amendments to that amendment are offered.
Similarly, a point of order against certain language should be decided
before recognition of another Member to offer an amendment to the
challenged language. See Points of Order; Parliamentary Inquiries.
Effect of Intervening Amendment or Debate
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. See Points
of Order; Parliamentary Inquiries.
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. It cannot be raised after the proponent of the
amendment has been recognized and has begun his explanation of the
amendment. 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. See Points of Order; Parliamentary
Inquiries.
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 raising the point was on his feet, seeking recognition, at
the time the amendment was read. See Points of Order; Parliamentary
Inquiries; Deschler Ch 27 Sec. 1.
Points of Order That May Be Made ``At Any Time''
Rule XXI clause 4 and clause 5(a) refer to points of order that
may be ``raised at any time.'' Clause 4 deals with appropriations in
bills reported by committees not having jurisdiction to report
appropriations and prohibits
[[Page 50]]
amendments carrying appropriations during consideration of a bill
reported by a committee not having that jurisdiction. Clause 5(a) is
aimed at tax or tariff measures contained in a bill reported by a
committee not having that jurisdiction, or amendments of the Senate or
amendments in the House that 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.
However, 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. See 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 of debate on an amendment he offers,
after which the Member who first obtains the floor has five minutes in
opposition. Rule XVIII clause 5; Manual Sec. 978. These time
limitations do not apply, of course, where the measure is called up
pursuant to a special rule that requires that a specified period of
time be equally divided and controlled between the proponent and an
opponent. Under rule XVII clause 3(c), a manager of an measure who
opposes an amendment thereto is entitled to close controlled debate
thereon. 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 Congressional
Record pursuant to rule XVIII clause 8. Deschler Ch 27 Sec. 14.9. For
a discussion of limiting debate on amendments, see Consideration and
Debate.
Sec. 36 . Withdrawal of Amendment
In the Committee of the Whole
Under rule XVIII clause 5(a), an amendment may not be withdrawn in
the Committee of the Whole except by unanimous consent, unless
withdrawal authority is conferred by the House. Manual Sec. Sec. 905,
978; 5 Hinds Sec. Sec. 5221, 5753; 8 Cannon Sec. Sec. 2465, 2859;
Deschler Ch 27 Sec. 20.1. Thus, where a Member has been recognized 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. However, unanimous consent is not required
to withdraw an amendment that is at the Clerk's desk but which has not
been offered by the Member. Deschler Ch 27 Sec. 20.5.
[[Page 51]]
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. Deschler Ch 27 Sec. 20.6.
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
the Committee of the Whole, an amendment in the House may be withdrawn
by the proponent at any time before a decision or amendment is
rendered thereon. Rule XVI clause 6. The same right to withdraw an
amendment exists in the House as in the Committee of the Whole and in
standing committees where general procedures in the House as in the
Committee of the Whole apply. Manual Sec. 905.
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 Sec. Sec. 21.1-
21.3. 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. 106-2, Mar. 29, 2000, p
____. 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 any Member may insist that a proposed modification be
submitted in writing and read by the Clerk. Deschler Ch 27 Sec. 21.8.
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
[[Page 52]]
amend rather than as a unanimous-consent request. 99-1, Dec. 5, 1985,
pp 34730, 34731.
A unanimous-consent request may be entertained in the Committee of
the Whole to permit the modification of a designated amendment made in
order by a ``modified-closed'' special rule, once pending. Manual
Sec. 905.
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. Manual Sec. Sec. 468-474; 8 Cannon Sec. 2856;
Deschler Ch 27 Sec. 29.2. Once the text of a bill has been perfected
by amendment, the perfected text cannot thereafter be amended.
Deschler Ch 27 Sec. 29.8. Similarly, the adoption of an amendment to a
substitute precludes further amendment to those portions of the
substitute so amended. Manual Sec. 469; see Sec. 41, infra.
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. Manual Sec. 466.
Although 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. Deschler Ch 27 Sec. 31.8.
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.
Manual Sec. 466; 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. 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.
[[Page 53]]
Amendments Negating Proposition Previously Adopted
The Committee of the Whole may not amend a section of a bill
already passed during the reading. However, it may adopt an amendment
to a later section that has the effect of negating the provisions of
the earlier section because the Committee of the Whole 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 that
add language to an unamended portion at the end of the amended text.
Manual Sec. 469. 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.
Deschler Ch 27 Sec. 29.21.
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. Deschler Ch 27 Sec. 31.18. In other words, an
amendment taking a ``bigger bite'' of the pending text than that
altered may be permitted. Thus, although 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. Deschler Ch 27 Sec. 29.9. Similarly, it is
in order to offer an amendment which strikes language changed by
amendment as well as other matter and inserts language which proposes
substantive changes going beyond the original amendment or strikes out
matter not only in the amendment previously agreed to but also in
additional portions of the pending bill. Manual Sec. 474; Deschler Ch
27 Sec. 29.
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. In addition, where a special rule permits a
motion to recommit with or without instructions a motion to recommit
may include an amendment that changes an amendment already adopted by
the House. See Sec. 47, infra.
[[Page 54]]
Sec. 39 . Adoption of Amendment as Precluding Motions to Strike
It is not in order to offer an amendment merely striking 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. Manual Sec. 474;
Deschler Ch 27 Sec. 30.10.
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 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. Deschler Ch 27 Sec. 30.7.
Although the adoption of an amendment changing all the text of a
section precludes a vote on a pending motion to strike 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 the remainder of the section not yet
perfected may be offered and voted on before 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. Deschler Ch 27
Sec. 30.14.
The adoption of a perfecting amendment to part of a section does
not preclude a motion to strike 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. However, where a
bill is being read by section, and committee amendments adding new
sections at the end of a bill have been adopted, an amendment
proposing to strike a section of the original bill and the new
sections is not in order. Deschler Ch 27 Sec. 30.9.
Sec. 40 . Effect of Adoption of Motions to Strike
Adoption of Motion to Strike
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 the section
vitiates the Committee's prior adoption of perfecting amendments to
that section, and only the motion to strike is reported to the House.
Deschler Ch 27 Sec. Sec. 31.1, 31.2. The bill returns to the
[[Page 55]]
form as originally introduced upon rejection by the House of the
amendment reported by Committee. Deschler Ch 27 Sec. 31.3. Where an
amendment has been adopted striking language in a bill, a perfecting
amendment to the stricken language comes too late and is not in order.
Thus, where the Committee of the Whole has adopted an amendment
striking several consecutive paragraphs in a bill, an amendment
proposing to insert language in a paragraph which had been stricken
comes too late. Deschler Ch 27 Sec. 31.9.
Although 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 and Insert
If an amendment to strike a portion of a bill and insert new
language is agreed to, a pending amendment proposing to strike the
same portion falls and is not voted on. Manual Sec. 469; Deschler Ch
27 Sec. Sec. 31.11, 31.12. When an amendment striking certain language
and inserting other provisions has been adopted, it is not in order to
further amend the provisions so inserted. Manual Sec. 469; Deschler Ch
27 Sec. 31.14.
The adoption of a perfecting amendment to strike and insert does
not preclude the offering of another amendment to strike and insert
which goes beyond the changes made by the first amendment. Deschler Ch
27 Sec. 31.18. Similarly, although 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. Deschler Ch 27 Sec. 31.7. However, if a
motion to strike all after the first word of text and insert a new
provision is agreed to, the language thus inserted cannot thereafter
be amended. Deschler Ch 27 Sec. 31.14.
Sec. 41 . Adoption of Amendment in the Nature of a Substitute
The adoption of an amendment in the nature of a substitute ends
the amendment stage; and further amendment is not in order, including
pro forma amendments for debate. Deschler Ch 27 Sec. Sec. 32.1, 32.2,
32.22. 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
[[Page 56]]
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. Deschler Ch 27
Sec. 32.22.
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 Sec. Sec. 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. Manual Sec. 455. 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 effect of
changing amended amounts in the bill may also be in order. Deschler Ch
27 Sec. 33.10. In recent practice an amount in an appropriation bill
has been changed by inserting a parenthetical ``increased by'' or
``decreased by'' after the amount rather than by directly changing the
figure in order to avoid such a point of order. Manual Sec. 455.
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 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. Deschler Ch 27 Sec. 29.47.
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. 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. Manual Sec. 469.
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Members have offered ``fetch-back'' amendments to appropriation
bills, which are new paragraphs inserted to change amounts contained
in previous paragraphs. ``Fetch-back'' amendments may be in order as
long as the amendment is germane to the portion of the bill to which
offered and amounts only to a reduction of funds contained in previous
paragraphs. E.g., 106-1, Aug. 5, 1999, p ____. However, a ``fetch-
back'' amendment increasing an amount contained in a prior paragraph
must be supported by an authorization. Such support is necessary
because the precedents that admit a germane perfecting amendment to an
unauthorized item permitted to remain deal with actual changes in the
figure permitted to remain and not with the insertion of new matter
beyond that permitted to remain. Manual Sec. 1058. For example,
waivers of points of order against unauthorized items are usually
stated as waivers against portions of the bill and not against
amendments adding unauthorized increases at another part of the bill.
An authorized ``fetch-back'' increase also may be a violation of the
subcommittee's allocation under section 302(f) of the Congressional
Budget Act of 1974.
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,
unless otherwise restricted by the special rule governing
consideration of a measure (Manual Sec. 993), the Committee of the
Whole may by unanimous consent:
Permit Members to offer amendments to change an amended figure
in an appropriation bill. Deschler Ch 27 Sec. 34.7.
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.
Permit a modification of an amendment by its proponent. Manual
Sec. 993.
Permit a page reference to be included in a designated
amendment made in order under a special rule as printed where
the printed amendment did not include that reference. Manual
Sec. 993.
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 Sec. Sec. 35.1, 35.2. However, an
amendment that raises
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the same question by the use of different language may be admissible.
Deschler Ch 27 Sec. 35. An amendment similar but not identical thereto
may be considered if a substantive change has been made. Deschler Ch
27 Sec. Sec. 35.3, 35.4. Rejection of an amendment changing a figure
in a bill does not preclude the offering of a different amendment to
that provision. Deschler Ch 27 Sec. 35.21.
An amendment in different form may be entertained even though its
effect may be similar to that of the rejected amendment. Deschler Ch
27 Sec. Sec. 35.11, 35.13. 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.
Similarly, 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. Deschler Ch 27 Sec. 35.17.
Rejection of Motion to Strike
A motion to strike certain language having been previously
rejected, it may not be offered a second time. Deschler Ch 27
Sec. 35.22. However, a motion to strike that language and insert a new
provision is in order. Deschler Ch 27 Sec. 35.23. Conversely, if the
motion to strike and insert is rejected, the simple motion to strike
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 a different amount
and which is offered as a separate amendment. Deschler Ch 27
Sec. 33.16.
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G. House Consideration of Amendments Reported From the Committee of
the Whole
Sec. 45 . In General; Voting
Generally
Only amendments adopted in the Committee of the Whole are reported
to the House. All amendments so reported stand on an equal footing and
must be voted on by the House, notwithstanding inconsistencies among
them, and are subject to amendment in the House unless the previous
question is ordered. 4 Hinds Sec. Sec. 4871, 4881; 8 Cannon Sec. 2419.
However, under modern practice, the previous question is ordered by
special rule upon the rising and reporting of the Committee of the
Whole. Where in the unusual case 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 Sec. 36.1. Thus, if the Committee of the
Whole perfects a bill by adopting certain amendments and then adopts
an amendment striking those provisions and inserting a new text, only
the bill, as amended by the motion to strike and insert, is reported
to the House. Deschler Ch 27 Sec. Sec. 36.5, 36.13. Similarly, the
adoption by the Committee of an amendment striking a section of a bill
vitiates the Committee's prior adoption of perfecting amendments to
that section, so that only the motion to strike is reported to the
House. Deschler Ch 27 Sec. 31.2. However, 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
Although it is a frequent practice for the House by unanimous
consent, to act at once--en gros--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 Sec. Sec. 4893, 4894; 8 Cannon Sec. 2419. However,
in the absence of a special rule providing therefor, a separate vote
may not be had in the House on an amendment to an
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amendment which has been adopted by the Committee of the Whole.
Deschler Ch 27 Sec. 36.6. 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. Because
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. However, 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. Deschler Ch 27 Sec. 36.28. However, 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.
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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.
Manual Sec. 337; Deschler Ch 27 Sec. Sec. 36.16, 37.1. However, 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. Manual Sec. 337.
Where 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 Speaker puts the question first on the
amendment on which a separate vote is demanded, then on the amendment
in the nature of a substitute, as amended. Deschler Ch 27 Sec. 37.6.
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 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.
Rejection of Motion to Strike
Where the Committee of the Whole adopts perfecting amendments to
language of a bill and then agrees to an amendment striking that
language, only the latter amendment is reported to the House. In the
event of its rejection in the House, the original language, and not
the perfected text, is before the House. Deschler Ch 37
Sec. Sec. 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 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. The House may retain a section as
per
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fected in the 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. In
such cases the chairman of the committee reports the amendment at once
without awaiting committee action. 5 Hinds Sec. Sec. 5545-5547.
Instructions to report ``forthwith'' accompanying a motion to recommit
must be complied with immediately. Manual Sec. 1002b. However, it is
not in order to propose as instructions anything that might not be
proposed directly as an amendment, such as to eliminate an amendment
already adopted by the House, to propose an amendment that is not
germane to the bill, or to propose an amendment containing legislation
or a limitation on a general appropriation bill not in order in the
Committee of the Whole. Manual Sec. 1002(b); 5 Hinds Sec. Sec. 5529-
5541; 8 Cannon Sec. Sec. 2705, 2712.
A motion to recommit may not include instructions to modify any
part of an amendment previously agreed to by the House. 8 Cannon
Sec. Sec. 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, even where the House has adopted an amendment in the nature of
a substitute. Rule XIII clause 6(c) precludes the Committee on Rules
from reporting a rule that would prevent a motion to recommit a bill
or joint resolution with or without instructions if offered by the
Minority Leader or his designee. 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.
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;
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Deschler Ch 27 Sec. 19.1. Under rule XVI clause 6, the title of a bill
can be amended only after the bill has been passed; and an amendment
in the Committee of the Whole proposing an amendment to the title is
not in order. Manual Sec. 922; 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.
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. The body of the
resolution is first considered and then the preamble is considered and
perfected. Manual Sec. 414; 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 before
the third reading of the resolution. 4 Hinds Sec. 3414; Deschler Ch 27
Sec. 19.9.
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. 7 Cannon Sec. 1064; Deschler Ch 27 Sec. Sec. 19.11-
19.13. 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. The motion for the
previous question may be applied at once to both a resolution and its
preamble. 105-2, Feb. 12, 1998, p ____.
I. Amendments Containing Unfunded Mandates
Sec. 49 . In General
Sections 425 and 426 of the Congressional Budget Act of 1974,
provide a point of order against an amendment increasing the direct
costs of Federal intergovernmental mandates by an amount exceeding
certain thresholds. A point of order against an amendment is debatable
for 20 minutes and is thereafter disposed of, not by a ruling of the
Chair, but by a vote of the
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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 XVIII clause 11; see Unfunded
Mandates.