[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 572 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. RES. 572

Providing for the consideration of the joint resolution (H.J. Res. 83) 
    proposing an amendment to the Constitution of the United States 
regarding the appointment of individuals to fill vacancies in the House 
                          of Representatives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2004

Mr. Baird submitted the following resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
Providing for the consideration of the joint resolution (H.J. Res. 83) 
    proposing an amendment to the Constitution of the United States 
regarding the appointment of individuals to fill vacancies in the House 
                          of Representatives.

    Resolved, That on the next legislative day after the adoption of 
this resolution, immediately after the third daily order of business 
under clause 1 of rule XIV, the House shall resolve into the Committee 
of the Whole House on the state of the Union for consideration of the 
joint resolution (H.J. Res. 83) proposing an amendment to the 
Constitution of the United States regarding the appointment of 
individuals to fill vacancies in the House of Representatives. The 
first reading of the joint resolution shall be dispensed with. All 
points of order against consideration of the joint resolution are 
waived. General debate shall be confined to the joint resolution and 
shall not exceed one hour equally divided and controlled by 
Representative Baird of Washington and the chairman of the Committee on 
the Judiciary. After general debate the joint resolution shall be 
considered for amendment under the five-minute rule in accordance with 
sections 2 and 3. The joint resolution shall be considered as read. No 
amendment to the joint resolution, or to the joint resolution as 
perfected by an amendment in the nature of a substitute finally 
adopted, shall be in order except as specified in this resolution. 
Clause 6(g) of rule XVIII shall not apply with respect to a request for 
a recorded vote on any amendment.
    Sec. 2. (a) Before consideration of any other amendment, it shall 
be in order to consider the amendments in the nature of a substitute 
specified in subsection (b). Each such amendment may be offered only if 
the Member has caused the amendment to be printed in the portion of the 
Congressional Record designated for that purpose in clause 8 of rule 
XVIII, may be offered only in the order specified, may be offered only 
by the Member designated or a designee of such Member, shall be 
considered as read, shall be debatable for one hour equally divided and 
controlled by the proponent and an opponent, and shall not be subject 
to amendment except as specified in section 3. All points of order 
against such amendments are waived (except those arising under clause 7 
of rule XVI). If more than one amendment in the nature of a substitute 
specified in subsection (b) is adopted, then only the one receiving the 
greater number of affirmative votes shall be considered as finally 
adopted in the House and in the Committee of the Whole. In the case of 
a tie for the greater number of affirmative votes, then only the last 
amendment to receive that number of affirmative votes shall be 
considered as finally adopted in the House and in the Committee of the 
Whole.
    (b) The amendments in the nature of a substitute referred to in 
subsection (a) are as follows:
            (1) Any amendment offered by any member (other than any 
        amendment described in paragraph (2), (3), or (4)).
            (2) An amendment offered by the ranking minority member of 
        the Committee on the Judiciary.
            (3) An amendment offered by the chairman of the Committee 
        on the Judiciary.
            (4) An amendment offered by Representative Baird of 
        Washington.
    Sec. 3. (a) After disposition of the amendments in the nature of a 
substitute specified in section 2(b), the Committee of the Whole shall 
rise. On the fourth legislative day which follows the legislative day 
on which the Committee rises under this section, immediately after the 
third daily order of business under clause 1 of rule XIV, the House 
shall resolve into the Committee of the Whole for further consideration 
of the joint resolution. After an additional period of general debate, 
which shall be confined to the joint resolution and shall not exceed 
one hour equally divided and controlled by Representative Baird of 
Washington and the chairman of the Committee on the Judiciary, the 
provisions of the joint resolution, or the provisions of the joint 
resolution as perfected by an amendment in the nature of a substitute 
finally adopted, shall be considered as an original joint resolution 
for the purpose of further amendment under the five-minute rule, 
subject to subsection (b). Each such further amendment shall be 
considered as read, shall be debatable for 20 minutes equally divided 
and controlled by the proponent and an opponent (except as provided in 
subsection (c)), shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House or in the 
Committee of the Whole.
    (b) No further amendment may be offered pursuant to this section 
except for the following, each of which (other than the amendment 
described in paragraph (7)) may be offered only if the Member has 
caused the amendment to be printed in the portion of the Congressional 
Record designated for that purpose in clause 8 of rule XVIII:
            (1) If an amendment in the nature of a substitute to the 
        joint resolution is finally adopted (in accordance with section 
        2), two amendments offered by the sponsor thereof.
            (2) One amendment offered by the chairman of the Committee 
        on the Judiciary.
            (3) One amendment offered by the ranking minority member of 
        the Committee on the Judiciary.
            (4) Two amendments offered by the majority leader.
            (5) Two amendments offered by the minority leader.
            (6) Two amendments offered by Representative Baird of 
        Washington.
            (7) The amendment referred to in subsection (c).
    (c) After disposition of the amendments described in paragraphs (1) 
through (6) of subsection (b), it shall be in order to consider an 
amendment offered by the sponsor of the amendment in the nature of a 
substitute to the joint resolution finally adopted (in accordance with 
section 2) or his designee, or if no such amendment in the nature of a 
substitute is so adopted, an amendment offered by Representative Baird 
of Washington or his designee. All points of order against such 
amendment are waived (except those arising under clause 7 of rule XVI). 
The amendment shall be debatable for one hour equally divided and 
controlled by the proponent and an opponent.
    Sec. 4. If at any time during the consideration of the joint 
resolution the Committee of the Whole rises and reports that it has 
come to no resolution on the joint resolution, then on the next 
legislative day (except as provided in section 3), immediately after 
the third daily order of business under clause 1 of rule XIV, the House 
shall resolve into the Committee of the Whole for further consideration 
of the joint resolution.
    Sec. 5. At the conclusion of consideration of the joint resolution 
for amendment the Committee shall rise and report the joint resolution, 
or the joint resolution as perfected by an amendment in the nature of a 
substitute finally adopted, to the House with such further amendments 
as may have been adopted. Any Member may demand a separate vote in the 
House on any further amendment adopted in the Committee of the Whole to 
the joint resolution as perfected by an amendment in the nature of a 
substitute finally adopted. The previous question shall be considered 
as ordered on the joint resolution and amendments thereto to final 
passage without intervening motion except one motion to recommit with 
or without instructions.
    Sec. 6. It shall be in order to take from the Speaker's table H.J. 
Res. 83, with any Senate amendment thereto, and to consider in the 
House, without intervention of any point of order (except those arising 
under clause 7 of rule XVI), a motion offered by the sponsor of the 
amendment in the nature of a substitute to the joint resolution finally 
adopted (in accordance with section 2) or his designee, or if no such 
amendment in the nature of a substitute is so adopted, offered by 
Representative Baird of Washington or his designee, to dispose of any 
such Senate amendment. The Senate amendment and the motion shall be 
considered as read. The motion shall be debatable for one hour equally 
divided and controlled by the proponent and an opponent. The previous 
question shall be considered as ordered on the motion to final adoption 
without intervening motion or demand for division of the question.
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