[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page i]]
------------------------------------------------------------------------
HOUSE
PRACTICE
A Guide to the Rules,
Precedents and
Procedures of the House
Wm. Holmes Brown
Parliamentarian of the House
1974-1994
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1996
------------------------------------------------------------------------
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office,
Washington, DC 20402
ISBN 0-16-053786-X
[[Page iii]]
PERIODIC PREPARATION BY HOUSE PARLIAMENTARIAN
OF CONDENSED AND SIMPLIFIED VERSIONS
OF HOUSE PRECEDENTS
Sec. 332. The Parliamentarian of the House of Representatives shall
prepare, compile, and maintain on a current basis and in cumulative form,
for each Congress commencing with the Ninety-third Congress a condensed
and, insofar as practicable, up-to-date version of all of the parliamentary
precedents of the House of Representatives which have current use and ap-
plication in the House, together with informative text prepared by the Par-
liamentarian and other useful related material in summary form. The Par-
liamentarian shall have such matter printed for each Congress on pages of
such size and in such type and format as he considers advisable to promote
the usefulness of such matter to the Members of the House and shall pro-
vide a printed copy thereof to each Member in each Congress, including the
Resident Commissioner from Puerto Rico and may make such other dis-
tribution of such printed copies as he considers advisable. In carrying out
this section, the Parliamentarian may appoint and fix the pay of personnel
and utilize the services of personnel of the Library of Congress and the
Government Printing Office.
Public Law 510--91st Congress
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FOREWORD
This new addition to the parliamentary library of the House was
initiated by William Holmes Brown during the last years of his 20-year
tenure as Parliamentarian. Its publication target was to coincide with
his retirement in 1994, but because of the many changes in the rules
adopted in the 104th Congress, the text was modified and enlarged to
accommodate these revisions. As a result of this decision, the
publication has been delayed but the volume is current.
This work will require revision when rules are again amended and
as necessary to incorporate new interpretive rulings by the Chair.
However, most of the general principles explained in this text will
continue to apply, even as new rules are adopted and the procedures of
the House continue to evolve.
With the publication of this summary work, and with the updating
in each Congress of the House Rules and Manual, current precedents are
now accessible to Members and staff of the Congress.
The Office is also beginning to work on an electronic data base of
decisions of the Chair, to be updated periodically, which will be an
additional source for parliamentary research.
Charles W. Johnson III
Parliamentarian
1994-
[[Page vii]]
PREFACE
The procedures used in the House of Representatives, while rooted
in the Constitution, Jefferson's Manual and in many time-honored House
rules, have been greatly modified in the last quarter century. Voting
practices have changed; debate has become more structured; reliance on
special orders of business has replaced the use of more traditional
methods of considering legislation on the floor.
In this volume attempt has been made to integrate the long-
established norms of House procedure with the innovations made
possible by technological advances and by reforms and disciplines
introduced by such laws as the Legislative Reorganization Act of 1970,
by the Congressional Budget Act of 1974, and by changes in the House
rules adopted at the beginning of recent Congresses. This volume
reflects the modern practice of the House as of the 104th Congress.
The rules, procedures, and precedents of the House are sometimes
seen as arcane and unnecessarily technical. Yet they are a
distillation of the collective wisdom and experience of legislators--
some traditionalists, some reformers--who have enacted the laws which
have sustained our Nation for over two centuries. In some mysterious
way the system works. The authority and privileges vested in the
majority have allowed the business of the House to proceed. Wisely,
the various changes in the rules have retained that fragile but
essential balance between the rights of the majority and the minority.
The legislative process is not always neat and tidy; it is often
inefficient and frequently frustrating. But in the mix of rules and
precedents, there are parliamentary tools which make legislative
victories possible. The importance of understanding these tools and
learning how to use them justifies the publication of this work.
The scope of this work is limited: it is a summary review of
selected precedents and not an exhaustive survey of all applicable
rulings. The House Rules and Manual and the published volumes of House
precedents remain the primary sources for in-depth analysis and for
authoritative citations. This book has been conceived as a concordance
or quick reference guide to those works. Hopefully, the alphabetical
format and the synopses of precedents and citations on a given point
of procedure will lead the reader to the primary authority for a
definitive answer to a particular question.
An earlier work on the precedents is Cannon's Procedure in the
House of Representatives, a summary by Clarence Cannon first published
in 1949. A later summary was prepared by Lewis Deschler,
Parliamentarian of the
[[Page viii]]
PREFACE
House from 1928 to 1974: Deschler's Procedure in the U.S. House of
Representatives (1974) which was revised and updated in 1977, 1979,
1982, 1985, and 1987 (Deschler-Brown). Comprehensive coverage and
analysis is found in Hinds' Precedents (1907), Cannon's Precedents
(1936), Deschler's Precedents (1977), and Deschler-Brown Precedents
(1988).
The concept and format of this volume evolved after many
discussions with Roy Miller of the Precedents Editing Office within
the Office of the Parliamentarian. Roy also helped compile and edit
much of the material. Deborah Khalili must be commended for unlocking
the computer mysteries which permitted office keyboarding and a
successful interface with the Government Printing Office. The
Parliamentarian of the House, Charles W. Johnson III, and his Deputies
Thomas Duncan and John Sullivan, and Assistants Muftiah McCartin and
Thomas Wickham, committed a great deal of after-hours time to read and
comment on the text. All of us hope that these combined efforts will
provide Members a new perspective on and further understanding of the
rules which provide the framework for their legislative efforts.
References to frequently cited works are to the House Rules and
Manual for the 104th Congress, by section (e.g., Manual Sec. 601); to
the volume and section of Hinds or Cannon (e.g., 6 Cannon's Precedents
Sec. 200); to the chapter and section of Deschler or Deschler-Brown
(e.g., Deschler Ch 12 Sec. 16); to the Congressional Record, by
Congress, session, date and page (e.g., 100-2, Sept. 30, 1988, p
27329), and to the United States Code, by title and section (e.g., 43
USC Sec. 1649).
Wm. Holmes Brown
Parliamentarian
1974-1994
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CHAPTER OUTLINE
Adjournment (p. 1)
Amendments (p. 13)
Appeals (p. 63)
Appropriations (p. 67)
Assembly of Congress (p. 153)
Bills and Resolutions (p. 161)
Budget Process (p. 173)
Calendar Wednesday (p. 197)
Calendars (p. 207)
Chamber, Rooms, and Galleries (p. 211)
Committees (p. 217)
Committees of the Whole (p. 275)
Conferences Between the Houses (p.307)
Congressional Disapproval Actions (p. 343)
Congressional Record (p. 345)
Consideration and Debate (p. 353)
Contempt Power (p. 425)
Delegates and Resident Commissioners (p. 431)
Discharging Measures From Committees (p. 433)
District of Columbia Business (p. 443)
Division of the Question for Voting (p. 449)
Election Contests and Disputes (p. 459)
Election of Members (p. 465)
Electoral Counts--Selection of President and Vice President (p. 469)
Germaneness of Amendments (p. 473)
Impeachment (p. 531)
Introduction and Reference of Bills (p. 547)
Journal (p. 555)
Lay on the Table (p. 563)
Messages Between the Houses (p. 569)
Misconduct; Sanctions (p. 573)
Morning Hour (p. 601)
Motions (p. 605)
Oaths (p. 609)
Officers (p. 615)
Order of Business (p. 625)
Points of Order; Parliamentary Inquiries (p. 633)
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Chapter Outline--Continued
Postponement (p. 647)
Previous Question (p. 653)
Private Calendar (p. 671)
Question of Consideration (p. 677)
Questions of Privilege (p. 683)
Quorums (p. 707)
Reading, Passage, and Enactment (p. 731)
Recess (p. 745)
Recognition (p. 749)
Reconsideration (p. 769)
Refer and Recommit (p. 783)
Resolutions of Inquiry (p. 799)
Rules and Precedents of the House (p. 807)
Senate Bills; Amendments Between the Houses (p. 813)
Special Rules (p. 841)
Suspension of Rules (p. 851)
Unanimous-consent Agreements (p. 861)
Unfinished Business (p. 869)
Veto of Bills (p. 873)
Voting (p. 881)
Index (p. 909)
[[Page 1]]
ADJOURNMENT
A. Generally; Adjournments of Three Days or Less
Sec. 1. In General
Sec. 2. Adjournment Motions and Requests; Forms
Sec. 3. When in Order; Precedence and Privilege of Motion
Sec. 4. In Committee of the Whole
Sec. 5. Who May Offer Motion; Recognition
Sec. 6. Debate on Motion; Amendments
Sec. 7. Voting
Sec. 8. Quorum Requirements
Sec. 9. Dilatory Motions; Repetition of Motion
B. Adjournments for More Than Three Days
Sec. 10. In General; Resolutions
Sec. 11. Privilege of Resolution
Sec. 12. August Recess
C. Adjournment Sine Die
Sec. 13. In General; Resolutions
Sec. 14. Procedure at Adjournment; Motions
Research References
5 Hinds Secs. 5359-5388
8 Cannon Secs. 2641-2648
Manual Secs. 82-84, 782-784
U.S. Const. art. I Sec. 5
A. Generally; Adjournments of Three Days or Less
Sec. 1 . In General
Adjournment procedures in the House are governed by the House
rules and by the U.S. Constitution. There are: (1) adjournments of
three days or less, which are taken pursuant to motion; (2)
adjournments of more than
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three days, which require the consent of the Senate (Sec. 10, infra);
and (3) adjournments sine die, which end each session of a Congress
and which require the consent of both Houses. Adjournments of more
than three days or sine die are taken pursuant to concurrent
resolutions. Secs. 10, 13, infra.
Adjournment is to be distinguished from recess; a recess is taken
pursuant to authority granted by the House (Rule XVI clause 4) or,
when no other business is pending, at the discretion of the Speaker
(Rule I clause 12). During a period of recess, the House remains open
for certain business: the mace remains in place on its pedestal and
bills and reports may still be placed in the hopper. See Recess.
Sec. 2 . Adjournment Motions and Requests; Forms
Motions
The motion to adjourn is authorized by Rule XVI clause 4 and is in
order in simple form only (5 Hinds Secs. 5371, 5372), as follows:
Member: Mr. Speaker, I move that the House do now adjourn.
Note: The motion must be in writing if demanded.
Member: Mr. Speaker, I offer a privileged motion.
The Speaker: The Clerk will report the motion.
The Clerk: Mr. ____ moves that the House do now adjourn.
The proponent of the motion may not include argument in favor of
the adjournment or impose conditions under which it is to be taken. 5
Hinds Sec. 5371; 8 Cannon Sec. 2647. And the motion may not be amended
to set forth the day on which the House is to reconvene. Sec. 6,
infra. However the simple motion to adjourn may be preceded at the
Speaker's discretion by a motion that when the House adjourns, it
stand adjourned to a day and time certain. Rule XVI clause 4. Manual
Sec. 782. This motion is used when the House wishes to make some
change in the day or hour of its next regularly scheduled meeting.
(The hour of daily meeting of the House is scheduled in each Congress
by standing order, e.g., that it meet at 12 noon on Mondays and
Tuesdays, 2 p.m. on Wednesdays, etc.) The House retains the right to
vary from this schedule by use of the motion to adjourn to a day or
time certain as provided in clause 4 of Rule XVI. See Manual Sec. 621.
Member: Mr. Speaker, I move that when the House adjourns today it
stand adjourned to meet at __________(time) on __________(date).
The motion cannot be used to circumvent the constitutional
restriction against adjournments for more than three days without the
consent of the Senate.
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Unanimous-Consent Requests
Adjournments of three days or less may be sought pursuant to a
unanimous-consent request:
Member: Mr. Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet at 10 a.m. on Friday, January 20,
19 ____ (or other day within three calendar days not including
Sundays). (Adjournments of more than three days, see Secs. 10-12,
infra.)
Legislative Days and Calendar Days Distinguished
The duration of a legislative day does not conform to the 24 hours
of a calendar day, nor does a legislative day automatically terminate
by reason of the arrival of the time for a regularly scheduled meeting
of the House. The legislative day continues until terminated by an
adjournment, irrespective of the passage of calendar days. 5 Hinds
Secs. 6738, 6739. The House has convened and adjourned twice on the
same calendar day pursuant to a motion to fix the day to which the
House shall adjourn, thereby meeting for two legislative days on the
same calendar day. 97-1, Nov. 17, 1981, p 27771; 100-1, Oct. 29, 1987,
p 29933. However, a legislative day cannot extend into a new Congress
or a new session. 96-1, Jan. 3, 1980, p 37774.
Sec. 3 . When in Order; Precedence and Privilege of Motion
The motion to adjourn is a motion of highest privilege (see 5
Hinds Sec. 5359; Manual Sec. 783) and is in order whenever the floor
can be secured. See 5 Hinds Sec. 5360. Other motions may not intervene
between the motion to adjourn and the vote thereon. 5 Hinds Sec. 5361.
The motion to adjourn is specifically given precedence over all other
secondary motions permitted by Rule XVI clause 4, including the
motions to lay on the table, for the previous question, to amend, to
refer or to postpone. Manual Sec. 782. The motion to adjourn takes
precedence over all other motions because, as Jefferson noted, the
House might otherwise be kept sitting against its will and
indefinitely. Manual Sec. 439.
The motion to fix the day and time to which the House shall
adjourn is of equal privilege to the simple motion to adjourn but is
entertained only at the Speaker's discretion (Manual Sec. 782); the
motion to fix the day, if made first, need not give way to the simple
motion (5 Hinds Sec. 5381).
The motion to adjourn may not interrupt a vote being taken in the
House. 5 Hinds Sec. 5360. But the motion to adjourn is in order:
Between the putting of the question on a proposition and the
ensuing vote. Manual Sec. 439.
Between the different methods of voting, as between a vote by
division and a vote by yeas and nays. Manual Sec. 439.
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After a recorded vote is ordered and before the vote begins. 5
Hinds Sec. 5366.
After a vote has been objected to for lack of a quorum. 97-1,
Nov. 17, 1981, p 27770.
The motion to adjourn permitted by Rule XVI clause 4 applies when
a question is ``under debate'' (Manual Sec. 782), and is in order when
other business is before the House as well. The motion is in order and
takes precedence over the motions delineated in Rule XVI clause 4 and:
The reading of the Journal. 4 Hinds Sec. 2757.
The Speaker's approval of the Journal. 100-1, Nov. 2, 1987, p
30386.
A motion for a call of the House. 8 Cannon Sec. 2642.
Questions of privilege. 3 Hinds Sec. 2521.
Resolutions offered as a question of the privileges of the
House. Manual Sec. 661a.
The consideration of an impeachment proceeding. 91-2, Apr. 15,
1970, p 11940.
A motion to suspend the rules. 8 Cannon Sec. 2823; 102-2, Aug.
11, 1992, p ____.
A motion to reconsider. 5 Hinds Sec. 5605; 96-1, Sept. 20,
1979, p 25512.
A motion to instruct conferees. 96-2, May 29, 1980, p 12717-
19.
The filing of a privileged report from a committee. 99-1, Apr.
29, 1985, p 9699.
The consideration of conference reports. 5 Hinds Secs. 6451,
6453.
A report from the Committee of the Whole. 8 Cannon Sec. 2645.
The consideration of a veto message from the President. 4
Hinds Sec. 3523.
When Not in Order
The motion to adjourn does not take precedence and may be ruled
out:
When another Member holds the floor in debate. 5 Hinds
Sec. 5360; Manual Sec. 783.
During time yielded for a parliamentary inquiry. 88-2, June 3,
1964, p 12522.
When the House is voting (5 Hinds Sec. 5360), such as by the
yeas and nays or other recorded vote (5 Hinds Sec. 6053).
Pending a vote pursuant to a special order providing for such
vote ``without intervening motion.'' 4 Hinds Secs. 3211, 3212.
During the presentation of a conference report. 5 Hinds
Sec. 6452.
Pending or during the administration of the oath to a Member.
1 Hinds Sec. 622.
[[Page 5]]
In certain situations, the motion cannot be repeated after one
such motion has been negatived. See Sec. 9, infra. Repetition is not
permitted:
Pending consideration of a report from the Committee on Rules,
after one motion to adjourn has been negatived. Rule XI clause
4(b). 8 Cannon Sec. 2260.
Pending consideration of a motion to suspend the rules, after
one such motion has been acted on. Rule XVI clause 8.
Sec. 4 . In Committee of the Whole
The motion to adjourn is not in order after the House has voted to
go into the Committee of the Whole. 4 Hinds Sec. 4728; 5 Hinds
Sec. 5367. The motion is not in order in Committee of the Whole (4
Hinds Sec. 4716), and is not entertained when the Committee of the
Whole rises to report proceedings incident to securing a quorum (8
Cannon Sec. 2436) or when it rises ``informally'' to receive a
message. But the motion to adjourn is permitted when the House is
meeting as in the Committee of the Whole. 4 Hinds Sec. 4923.
Sec. 5 . Who May Offer Motion; Recognition
The motion to adjourn is generally offered by the Majority Leader
or his designee, but the motion can be made by any Member (91-1, Oct.
14, 1969, pp 30054-56) including a minority member. 98-1, Nov. 4,
1983, p 30946; 98-2, May 23, 1984, p 13960. A Member may move to
adjourn whenever he can secure the floor, but he may not move to
adjourn while another Member has been recognized for debate. 5 Hinds
Secs. 5369, 5370. The motion is not in order where the Member has been
yielded to or recognized for a parliamentary inquiry. 8 Cannon
Sec. 2646.
Sec. 6 . Debate on Motion; Amendments
Debate on the simple motion to adjourn is precluded by Rule XVI
clause 4 (Manual Sec. 782). 5 Hinds Sec. 5359. The same rule precludes
debate on the motion to fix the day to which the House shall adjourn.
Manual Sec. 782. 5 Hinds Secs. 5379, 5380. Debate on resolutions
providing for an adjournment, see Sec. 10, infra.
The simple motion to adjourn is not subject to amendment. Manual
Sec. 585. Thus the motion may not be amended by language alluding to
the purpose of the adjournment. Manual Sec. 783. Nor may the motion be
amended by language specifying the day (5 Hinds Sec. 5360) or hour (5
Hinds Sec. 5364) to which adjournment is to be taken. Such amendments
are ruled out whenever the House is operating under its customary
standing order that fixes
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the daily hour of meeting for each day of the week. Manual Sec. 783.
However, the rules permit a separate motion at the Speaker's
discretion that when the House adjourns it stand adjourned to a day
and time certain (Sec. 2, supra), and this motion is subject to
amendment. 5 Hinds Sec. 5754.
Sec. 7 . Voting
The vote on a motion to adjourn may be taken by any of the voting
methods authorized by the House rules, including a division vote (99-
1, Dec. 20, 1985, p 38733) or a vote by the yeas and nays. 86-2, June
3, 1960, p 11828; 88-2, Feb. 8, 1964, pp 2616, 2639. The adoption of a
resolution providing for adjournment sine die on a day certain does
not preclude a demand for the yeas and nays on the motion to adjourn
on that day. 87-1, Sept. 27, 1961, p 21528. A negative vote on a
motion to adjourn is not subject to the motion to reconsider. 5 Hinds
Secs. 5620, 5622. See also Reconsideration.
Sec. 8 . Quorum Requirements
A quorum is required for a motion to fix the time of adjournment
to a day and time certain. 91-1, Oct. 14, 1969, pp 30054-56; 94-1,
June 19, 1975, pp 19789, 19790; 94-2, June 22, 1976, p 19755.
The simple motion to adjourn may be agreed to notwithstanding the
absence of a quorum. See Manual Secs. 52, 773. Indeed, no motion is in
order in the absence of a quorum except to adjourn or for a call of
the House. 4 Hinds Secs. 2950, 2951, 2988; 6 Cannon Secs. 680, 682.
The motion to adjourn is in order on failure of a quorum even where
the House is operating under a special order requiring the
consideration of the pending business. 5 Hinds Sec. 5365.
Since the motion to adjourn takes precedence of a motion for a
call of the House (Sec. 3, supra), where a point of order is made that
a quorum is not present and a call of the House is then moved, a
Member may immediately move to adjourn, and the Chair may recognize
for the higher privileged motion. 88-1, June 12, 1963, p 10739.
It is not in order to demand an ``automatic'' roll call under Rule
XV clause 4 on an affirmative vote on a simple motion to adjourn,
since that motion may be agreed to by less than a quorum. 98-1, Nov.
4, 1983, p 30946. But a vote by the yeas and nays in such a case would
be in order, if demanded by one-fifth of those present, no quorum
being required. Manual Secs. 75, 76. Where the vote on an adjournment
is decided in the negative, and a point of order that a quorum is not
present is sustained, an ``auto-
[[Page 7]]
matic'' roll call on the motion then occurs under Rule XV clause 4.
100-1, Nov. 2, 1987, pp 30386-90. See also Manual Sec. 773.
Member: I move that the House do now adjourn.
Speaker: On this vote (by division, or by voice) the noes have it.
Member: I make a point of order that a quorum is not present and
(pursuant to clause 4 of Rule XV) I object to the vote on that
ground.
Speaker: A quorum is not present, and the yeas and nays are
ordered. Members will record their votes by electronic device.
While a motion to adjourn is in order pending a point of order
that a quorum is not present, it is not entertained after the Clerk
has commenced to call the roll. 86-2, June 3, 1960, p 11828. After the
call has been completed, the motion to adjourn is again in order, and
it is not necessary that the Chair announce that a quorum has failed
to respond before entertaining the motion. 91-1, Oct. 14, 1969, pp
30054-56.
Sec. 9 . Dilatory Motions; Repetition of Motion
The House rule that requires the Speaker to refuse to entertain
dilatory motions (Rule XVI clause 10) is applicable to motions to
adjourn. Manual Sec. 803. Although of the highest privilege, the
motion to adjourn is not in order when offered for purposes of delay
or obstruction. 5 Hinds Secs. 5721, 5731; 8 Cannon Secs. 2796, 2813.
On one occasion, a point of order was sustained against the motion
where a House rule gave the Speaker the discretion to recognize for a
motion to adjourn. 8 Cannon Sec. 2822.
The motion to adjourn, once offered, may ordinarily be repeated,
but not until after intervening business (5 Hinds Sec. 5373; 8 Cannon
Sec. 2814), debate (5 Hinds Sec. 5374), a decision of the Chair on a
question of order (5 Hinds Sec. 5378), or the ordering of the yeas and
nays (5 Hinds Secs. 5376, 5377). Manual Sec. 783.
In some cases the rules specifically provide that only one motion
to adjourn is to be permitted; this restriction applies during the
consideration of reports from the Rules Committee (Manual Sec. 729a)
and during the consideration of motions to suspend the rules (Manual
Sec. 801). In such cases the motion to adjourn--once having been
rejected--may not again be entertained until the pending matter has
been fully disposed of. 5 Hinds Secs. 5740, 5741. However, if a motion
to adjourn is made and rejected, and a quorum then fails, a second
motion to adjourn is admitted. 5 Hinds Secs. 5744-5746.
[[Page 8]]
B. Adjournments for More Than Three Days
Sec. 10 . In General; Resolutions
House-Senate Action
Under the Constitution, neither House can adjourn for more than
three days without the consent of the other. U.S. Const. art. I
Sec. 5. The consent of both Houses is required even though the
adjournment is sought by only one of them. See 91-1, Nov. 6, 1969, pp
33345 et seq.; 94-2, Sept. 1, 1976, p 28860. In calculating the three
days, either the day of adjourning or the day of meeting (excluding
Sundays) must be taken into the count. Manual Sec. 83; 5 Hinds
Sec. 6673. The House can adjourn by motion from Thursday to Monday
(since Sunday is a dies non); but it cannot adjourn from Monday to
Friday without the Senate's assent.
Adjournments for more than three days are provided for by
concurrent resolution. 88-2, Aug. 21, 1964, p 20813; 90-2, Apr. 10,
1968, p 9621; 101-2, May 24, 1990, p ____. The resolution may provide
for the adjournment of one House (100-1, Aug. 7, 1987, p 23072) or for
the adjournment of both Houses (100-1, Apr. 9, 1987, p 8567). Senate
concurrent resolutions for adjournment are laid before the House by
the Speaker as privileged. 101-1, Mar. 16, 1989, p 4480. Such
resolutions, whether originating in the House or Senate, are not
debatable. Manual Sec. 84. They require a quorum for adoption.
The concurrent resolution is generally offered by the Majority
Leader or his designee:
Member: Mr. Speaker, I offer a privileged concurrent resolution
(H. Con. Res. ____) providing for an adjournment of the House from
__________ to __________ and a recess or adjournment of the Senate
from __________ to __________, and ask for its immediate
consideration.
The resolution may set forth the times at which the adjournment is
to begin and end, but frequently the resolution will provide optional
dates so as to give each House some discretion in determining the
exact period of adjournment. 100-2, July 13, 1988, p 18069; 101-2, May
24, 1990, p ____. Sometimes the resolution has provided for a certain
period of adjournment of the House and a different period for the
Senate. Thus the resolution may provide for an adjournment of the
House for more than three days to a day certain, and a recess of the
Senate for more than three days to a day certain as subsequently
determined by the Senate before recessing. 95-2, Mar. 22, 1978, p
7942. As to the authority of the President to determine the period
[[Page 9]]
of adjournment when the two Houses are unable to agree with respect
thereto, see U.S. Const. art. II Sec. 3. Convening, see Assembly of
Congress.
Conditional Adjournments; Recall Provisos
An adjournment resolution may include various conditions or
provisos, such as that the Senate shall adjourn pursuant to the
resolution after it has disposed of a certain bill. 95-2, June 29,
1978, p 19466.
A concurrent resolution adjourning both Houses for more than three
days may include a proviso that the House is subject to recall by the
Speaker if legislative expediency so warrants. 91-2, July 20, 1970, p
24978. More frequently, recall authority is given to the Speaker and
to the Majority Leader of the Senate, acting jointly, to reassemble
the Members whenever the public interest warrants. See 101-1, June 23,
1989, p 13271; 101-2, Apr. 4, 1990, p ____. The authority may be
vested in other members of the leadership in the two bodies.
Amendments; Voting
Adjournment resolutions originating in one House are subject to
amendment by the other. 95-2, June 29, 1978, p 19466; 95-2, Aug. 17,
1978, p 26794. Such an amendment is not in order after the previous
question is ordered (except pursuant to a motion to commit with
instructions). 96-2, Oct. 1, 1980, p 28576. Voting on the motion may
be by voice, division, or any of the methods of voting established by
Rule I clause 5 or by the Constitution (art. I Sec. 5).
Sec. 11 . Privilege of Resolution
A concurrent resolution providing for an adjournment of the House
or of the Senate (or of both Houses) is called up as privileged. 5
Hinds Sec. 6701; 92-1, Oct. 18, 1971, p 36492; 93-1, Oct. 2, 1973, p
32371; 93-2, June 27, 1974, p 21632. The resolution is privileged even
though it provides for an adjournment of the two Houses to different
days certain. 93-1, Feb. 8, 1973, p 3908; 93-2, Apr. 11, 1974, p
10775. An adjournment resolution remains privileged despite its
inclusion of additional matter so long as such additional matter would
be privileged in its own right (e.g., a declaration asserted as a
question of the privileges of the House relating to the ability of the
House to receive veto messages during the adjournment). 101-1, Nov.
21, 1989, p ____. An adjournment resolution also establishing an order
of business for the following session of the Congress was not
considered privileged. 102-1, Nov. 26, 1991, p ____.
Amendments to adjournment resolutions are called up as privileged.
97-2, Feb. 10, 1982, p 1471.
[[Page 10]]
A House concurrent resolution providing for an adjournment may
lose its privileged status if the House is not in compliance with
those provisions of the Congressional Budget Act [Secs. 309, 310(f)]
precluding such resolutions until the House has approved its regular
appropriations bills and completed action on any required
reconciliation legislation. See 100-1, July 9, 1987, p 19131. However,
these provisions of the Act may be waived by unanimous consent. 99-2,
June 19, 1986, p 14644; 101-1, June 23, 1989, p 13271.
Sec. 12 . August Recess
The Legislative Reorganization Act of 1970 provides that unless
otherwise provided by Congress, the two Houses shall either (a)
adjourn sine die by July 31 of each year, or (b) in odd-numbered
years, adjourn in August (for a specified period) pursuant to a
concurrent resolution adopted by roll call vote in each House. 2 USC
Sec. 198. The House has not adjourned sine die by July 31 under this
Act for many years, and the provisions in the Act to that effect have
been routinely waived by concurrent resolution, thereby permitting the
two Houses to continue in session. 98-2, July 26, 1984, p 21339. See
also 97-2, July 29, 1982, p 18563. In the absence of such a
resolution, a simple motion to adjourn, made at the conclusion of
business on July 31, is in order and would permit the House to meet on
the following day. Manual Sec. 948.
The House and Senate may adopt a concurrent resolution adjourning
in August in an odd-numbered year as specified by the Act. 92-1, July
30, 1971, p 28332. Such a resolution is called up as privileged,
requires a yea and nay vote for adoption, and is not debatable. 102-1,
July 31, 1991, p ____. Concurrent resolutions waiving the provisions
of the Act are not privileged and are called up by unanimous consent.
100-1, July 29, 1987, p 21459.
C. Adjournment Sine Die
Sec. 13 . In General; Resolutions
Adjournments sine die (literally, without day) are used to
terminate the sessions of a Congress, and are provided for by
concurrent resolution. A session terminates automatically at the end
of the constitutional term. See termination of 96-1, Jan. 3, 1980, p
37774. Such adjournments are generally taken in October in even-
numbered years (election years) and usually somewhat later in odd-
numbered years. Adjournment resolutions may be called
[[Page 11]]
up from the floor as privileged. 5 Hinds Sec. 6698; 100-1, Dec. 21,
1987, p 37618; 100-2, Oct. 21, 1988, p 33319. A Member, usually the
Majority Leader, rises:
Mr. Speaker, I offer a privileged concurrent resolution (H. Con.
Res. ____) and ask for its immediate consideration.
Resolved by the House of Representatives (the Senate concurring),
That the two Houses of Congress shall adjourn on (the legislative
day of) Tuesday, Dec. ____, 19 ____, and that when they adjourn on
said day, they stand adjourned sine die.
The resolution is not debatable (8 Cannon Secs. 3371-3374), though
a Member may be recognized during its consideration under a
reservation of objection to a unanimous-consent request. 101-2, Oct.
27, 1990, p ____. It requires a quorum for adoption. 92-2, Oct. 18,
1972, p 37061.
A sine die resolution normally specifies the particular day of
adjournment, but may specify two or more optional dates (98-1, Nov.
16, 1983, p 33123), or a legislative day if the final day is expected
to last beyond midnight. Sine die resolutions may be amended to
provide for an adjournment on a date other than that specified. 98-2,
Oct. 11, 1984, p 32314. The resolution need not specify the date of
convening because, under section 2 of the 20th amendment to the U.S.
Constitution (Manual Sec. 242), a regular session of a Congress
automatically begins at noon on January 3 of every year unless
Congress sets a different date by law. 96-2, Jan. 3, 1980, p 3.
The Committee on Rules has jurisdiction of matters relative to
final adjournment of Congress [clause 1(a)(3) of Rule X]. Manual
Sec. 948.
The time of adjournment sine die having been fixed by concurrent
resolution, the House may not finally adjourn before that time. 5
Hinds Sec. 6714. But sine die resolutions may be recalled prior to
action thereon by the other House (5 Hinds Sec. 6699) and are subject
to rescission by a subsequent concurrent resolution (5 Hinds
Sec. 6700). A resolution rescinding an order for adjournment sine die
is open to amendment and an amendment assigning a new date is germane.
5 Hinds Sec. 5920. Waiver of statutory provision as to adjournment
sine die on July 31, see Sec. 12, supra.
Under the current practice, sine die adjournment resolutions
usually contain House-Senate leadership recall authority. Recall
authority generally, see Sec. 10, supra.
The House customarily authorizes the Speaker to appoint a
committee to notify the President of the completion of business and
the intention of the two Houses to adjourn sine die unless the
President has some further communication to make. 100-1, Dec. 21,
1987, p 37618; 92-2, Oct. 18, 1972, p 37051. This committee is usually
composed of the Majority and Mi-
[[Page 12]]
nority Leaders of the House, and joins a similar committee appointed
by the Senate. 93-2, Dec. 20, 1974, p 41855.
Sec. 14 . Procedure at Adjournment; Motions
The House may adjourn at the time specified in the adjournment
resolution even though other business, such as a roll call, may be
pending. 5 Hinds Secs. 6325, 6719, 6720. Adjournment sine die is in
order notwithstanding the absence of a quorum if both Houses have
adopted a concurrent resolution providing for sine die adjournment on
that day. 5 Hinds Sec. 6721; Manual Sec. 55.
The time for adjournment specified in the resolution having
arrived, the motion to adjourn is made by the Majority Leader or his
designee (101-1, Nov. 21, 1989, p ____):
Mr. Speaker, in accordance with House Concurrent Resolution ____,
I move that the House do now adjourn.
The yeas and nays may be ordered on this motion. The adoption of a
concurrent resolution providing for adjournment sine die on a day
certain does not preclude a demand for the yeas and nays on the motion
to adjourn on that day. 87-1, Sept. 27 [Legislative Day, Sept. 25],
1961, p 21528.
[[Page 13]]
AMENDMENTS
A. Amendments Defined and Distinguished; Forms
Sec. 1. In General; Formal Requisites
Sec. 2. Perfecting Amendments
Sec. 3. Motions to Insert
Sec. 4. Motions to Strike and Insert
Sec. 5. Motions to Strike
Sec. 6. Substitute Amendments
Sec. 7. Amendments in Nature of a Substitute
Sec. 8. Pro Forma Amendments
Sec. 9. Precedence of Motion Generally
Sec. 10. Amending Other Motions
Sec. 11. Effect of Special Rule
Sec. 12. -- Amendments Printed in the Record
B. Permissible Pending Amendments
Sec. 13. Generally; The Stages of Amendment
Sec. 14. Amendments in the Third Degree
C. When to Offer Amendment; Reading for Amendment
Sec. 15. In General; Reading by the Clerk
Sec. 16. Amendments to Text Passed in the Reading
Sec. 17. Amendments to Text Not Yet Read; Amendments En Bloc
Sec. 18. Amendments to Bills Considered as Read and Open to Amendment
Sec. 19. Amendments in the Nature of a Substitute
Sec. 20. Recognition to Offer Amendments; Priority
D. Offering Particular Kinds of Amendments; Precedence and
Priorities
Sec. 21. Introductory; Perfecting Amendments
Sec. 22. Motions to Strike
Sec. 23. Motions to Strike Out and Insert
Sec. 24. Substitute Amendments
Sec. 25. Offering Amendments During Yielded Time
Sec. 26. Effect of Previous Question; Expiration of Time for Debate
[[Page 14]]
E. Consideration and Voting
Sec. 27. In General; Reading of Amendment
Sec. 28. Order of Consideration Generally
Sec. 29. Committee Amendments
Sec. 30. Amendments En Bloc; Use of Special Rules
Sec. 31. Perfecting Amendments; Motions to Strike
Sec. 32. Substituting Amendments
Sec. 33. Points of Order
Sec. 34. -- Timeliness
Sec. 35. Debate on Amendments
Sec. 36. Withdrawal of Amendment
Sec. 37. Modification of Amendment
F. Effect of Adoption or Rejection; Changes After Adoption
Sec. 38. In General; Effect of Adoption of Perfecting Amendment
Sec. 39. Adoption of Amendment as Precluding Motions to Strike
Sec. 40. Effect of Adoption of Motions to Strike
Sec. 41. Adoption of Amendment in Nature of Substitute
Sec. 42. Amendments Pertaining to Monetary Figures
Sec. 43. Effecting Changes by Unanimous Consent
Sec. 44. Amendments Previously Considered and Rejected
G. House Consideration of Amendments Reported From
Committee of the Whole
Sec. 45. In General; Voting
Sec. 46. Effect of Rejection of Amendment
Sec. 47. Motions to Recommit With Instructions Pertaining to
Amendments
H. Amendments to Titles and Preambles
Sec. 48. In General
I. Amendments Containing Unfunded Mandates
Sec. 49. In General
Research References
5 Hinds Secs. 5753-5800
[[Page 15]]
8 Cannon Secs. 2824-2907a
9 Deschler Ch 27
Manual Secs. 413, 456, 469, 775, 777, 782, 793, 822, 823, 825,
826, 854, 870, 872-875
A. Amendments Defined and Distinguished; Forms
Sec. 1 . In General; Formal Requisites
Generally
The four forms of amendment are specified by Rule XIX. They are:
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
Secs. 5753, 5785; 8 Cannon Secs. 2883, 2887; Deschler Ch 27 Sec. 1.
See also Sec. 13, infra.
Recognition for the purpose of offering amendments is within the
discretion of the Chair. See Sec. 20, infra. A Member may offer an
amendment in his own name at the request of another Member, but he may
not offer it in the other Member's name. Deschler Ch 27 Sec. 1.11. And
he may not offer an amendment to his own amendment; an amendment once
offered may not be modified by its proponent except by unanimous
consent. Sec. 37, infra.
Formal Requirements; Written or Oral Motions
Pursuant to the House rules (Rule XVI clause 1), the Chair or any
Member may require that an amendment be reduced to writing before
being offered. Deschler Ch 27 Sec. 1.1. In Committee of the Whole, the
Clerk transmits copies of offered amendments to the majority and the
minority tables in accordance with the House rules (Rule XXIII clause
5(a)), although the failure of the Clerk to promptly transmit such
copies is not the basis for a point of order against the amendment.
Deschler Ch 27 Sec. 22.11.
[[Page 16]]
An amendment must contain instructions to the Clerk as to the
portion of the bill it seeks to amend. Deschler Ch 27 Sec. 1.28.
Similarly, an amendment to an amendment should specify and identify
the text to be amended. Amendments to a substitute should be drafted
to the proper page and line number of the substitute rather than to
comparable provisions of the original text. Deschler Ch 27 Secs. 1.9,
1.10. A Member who intends to propose such an amendment may ascertain
the appropriate page and line number by inspecting the pending
amendment at the Clerk's desk or obtaining a copy thereof at the
committee tables. Deschler Ch 27 Sec. 22.10.
The Chair may examine the form of an offered amendment to
determine its propriety and may rule it out of order even where no
point of order is raised from the floor, and debate has begun.
Deschler Ch 27 Sec. 1.39. However, an ambiguity in the wording of an
amendment, or a question as to the propriety of draftsmanship of an
amendment to accomplish a particular legislative purpose, should not
be questioned on a point of order; that is an issue to be disposed of
on the merits. Deschler Ch 27 Sec. 1.31.
Order or Sequence
A distinction should be made between the order or sequence of
voting on amendments and the sequence in which they may be offered.
Amendments must be voted on in a definite sequence. The amendment to
the text is voted on last, thereby giving the Members the fullest
opportunity to perfect it before addressing its adoption. (Order of
voting on amendments, see Sec. 28, infra.) But this sequence is
reversed with respect to the offering of amendments, since amendments
to the text are proposed before the offering of amendments to the
amendment, and substitute amendments must precede the offering of
amendments to the substitute. Secs. 21 et seq., infra. Nevertheless,
considerable latitude is permitted in the order of offering amending
propositions. Thus, in one instance in 1975, five amendments were
offered in the following order: (1) an amendment in the nature of a
substitute for the pending text, (2) a substitute therefor, (3)
perfecting amendments to the original text, (4) an amendment to the
substitute, and (5) an amendment to the amendment in the nature of a
substitute. Deschler Ch 27 Sec. 5.28.
Effect of Special Rule
Bills are frequently considered pursuant to the terms of a special
rule or resolution reported from the Committee on Rules which
specifies whether amendments may be offered to the bill, the kind and
number of amendments that may be offered, whether they can be amended,
and the order of consideration and voting thereon. Sec. 11, infra.
Such special rules are themselves subject to germane amendment while
the rule is pending if the Member in
[[Page 17]]
control yields for such amendment or if he offers the amendment
himself, or if the previous question is voted down. Deschler Ch 27
Sec. 3.1.
Sec. 2 . Perfecting Amendments
Generally
Generally, the House follows the Jeffersonian principle that
language should be perfected before taking other action on it. Manual
Sec. 456. The term ``perfecting amendment'' includes amendments to
insert as well as amendments to strike out and insert. Deschler Ch 27
Sec. 15. And a perfecting amendment may take the form of a motion to
strike out a lesser portion of the words encompassed in a pending
motion to strike. Deschler Ch 27 Sec. 15.17. There are no degrees of
preference as between perfecting amendments. Deschler Ch 27 Sec. 5.9.
A perfecting amendment may be offered to the text of a bill or to
an amendment to a bill. Once a perfecting amendment to an amendment is
disposed of, the original amendment, as amended or not, remains open
to further perfecting amendment, and all such amendments are disposed
of prior to voting on substitutes. Deschler Ch 27 Sec. 23.9.
Perfecting Amendments and the Motion to Strike
Perfecting amendments to a section or paragraph may be offered--
one at a time--while a motion to strike out the section or paragraph
is pending, and are first disposed of. Deschler Ch 27 Sec. 15.15.
Indeed, all perfecting amendments to a section of a bill must be
disposed of prior to the vote recurring on a pending motion to strike
out the section. Deschler Ch 27 Sec. 24.2. And if the perfecting
amendment changes all the words proposed to be stricken out, the
motion to strike necessarily falls and is not voted on. Deschler Ch 27
Sec. 24.15.
Sec. 3 . Motions to Insert
A motion to insert may be pending at the same time as a motion to
strike, with the vote taken first on the motion to insert, then on the
motion to strike. They need not be offered in the order in which they
are voted on. Deschler Ch 27 Sec. 15.1.
It is not in order to reinsert the precise language stricken by
amendment. Deschler Ch 27 Sec. 31.4. But an amendment similar to the
stricken language may be offered if germane to the pending portion of
the bill. Deschler Ch 27 Sec. 31.6.
After an amendment to insert has been agreed to, the matter
inserted ordinarily may not then be amended (5 Hinds Sec. 5761; 8
Cannon Sec. 2852) in
[[Page 18]]
any way that would solely change its text. However, an amendment may
be added at the end of the inserted material. 5 Hinds Sec. 5759;
Manual Sec. 469. See Sec. 38, infra.
Sec. 4 . Motions to Strike and Insert
A motion to strike out and insert is usually a perfecting
amendment (Deschler Ch 27 Sec. 16), and is not divisible. Rule XVI
clause 7. A motion to strike out and insert may be offered as a
perfecting amendment to a pending section of a bill, and is voted on
before a pending motion to strike that section. But, even if agreed
to, the perfected language is subject to being eliminated by
subsequent adoption of the motion to strike out in cases where the
perfecting amendment has not so changed the text as to render the
original motion to strike meaningless. Deschler Ch 27 Sec. 17.12
(note).
Sec. 5 . Motions to Strike
A motion proposing to strike out a section of a bill is in order
after perfecting amendments to the section are disposed of. If offered
first, the motion to strike is held in abeyance until perfecting
amendments have been disposed of. Sec. 21, infra. A motion proposing
to strike out a section which has been perfected, but not changed in
its entirety, is in order. Deschler Ch 27 Sec. 17.29. The motion to
strike, if adopted, strikes the entire section including provisions
added as perfecting amendments to that section. Deschler Ch 27
Sec. 31.1.
A motion to strike out the enacting clause of a bill is a
parliamentary motion used for rejecting the bill. Deschler Ch 27
Sec. 15. It takes precedence over a motion to amend the bill. Rule
XXIII clause 7. Manual Sec. 875.
Sec. 6 . Substitute Amendments
A ``substitute'' is a substitute for an amendment and not a
substitute for the original text. Deschler Ch 27 Sec. 18.1. See also 8
Cannon Sec. 2883. If a substitute amendment is adopted, the question
recurs on the amendment as amended by the substitute; but if the
substitute is rejected, the amendment is open to further amendment.
Deschler Ch 27 Secs. 25.1, 32.18. Substitute amendments are under Rule
XIX first degree amendments and as such are themselves subject to
amendment. Deschler Ch 27 Sec. 15.29.
A substitute for an amendment is in order so long as it is germane
thereto and proposes to make some change in the original language
being amended or in the amendment itself. 93-2, July 22, 1974, pp
24450, 24451, 24453. To qualify as a substitute, however, an amendment
must treat in the same manner the same subject carried by the
amendment for which it is of-
[[Page 19]]
fered. 8 Cannon Sec. 2879. Thus, a proposition not only inserting
similar language but also striking out original text from the bill may
be ruled out of order as a substitute--if it has the effect of
broadening the scope of the pending amendment in violation of the
germaneness rule. Deschler Ch 27 Sec. 18.6.
A substitute for a motion to strike out is not in order. Deschler
Ch 27 Sec. 18.8. Nor is a motion to strike out in order as a
substitute for a pending motion to strike out and insert (Deschler Ch
27 Sec. 17.18) or for a perfecting amendment to text generally
(Deschler Ch 27 Sec. 17.17).
A proposition contained in a substitute may sometimes be reoffered
in a different form after it has failed of approval. 8 Cannon
Sec. 2843.
A Member may not offer a substitute for his own amendment to a
bill. Deschler Ch 27 Sec. 18.22.
Sec. 7 . Amendments in Nature of a Substitute
An amendment in the nature of a substitute is an amendment which
is offered to the text of a bill; it generally replaces the entire
bill. It should be distinguished from a substitute amendment, which is
merely a substitute for another amendment that has been offered.
Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute takes the form of a
motion to strike out and insert. But the term ``amendment in the
nature of a substitute'' properly applies only to those motions which
propose to strike out an entire pending bill, though it is sometimes
used, less precisely, to describe motions proposing to strike out an
entire pending section or title of text and to insert new matter. It
should not be used to describe those motions to strike out and insert
which are properly characterized as ``perfecting amendments'' and
which go only to a portion of the pending text. Deschler Ch 27
Sec. 25. An amendment in the nature of a substitute for a pending bill
may be offered after the first section is read and is then open to
amendment in its entirety. Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute for a bill may be
proposed before perfecting amendments to the pending portion of the
original text have been offered, but may not be voted on until after
such perfecting amendments have been disposed of. 8 Cannon Sec. 2896;
Deschler Ch 27 Sec. 25.
Where an amendment in the nature of a substitute for a bill has
been adopted in Committee of the Whole, the stage of amendment is
passed and further amendments, including pro forma amendments for
debate, are not in order except by unanimous consent. Deschler Ch 27
Sec. 32.6. See also Manual Sec. 823.
[[Page 20]]
Sec. 8 . Pro Forma Amendments
Pro forma amendments have been in use during debate under the
five-minute rule since as early as 1868. 5 Hinds Sec. 5778. A pro
forma amendment is a procedural formality--a parliamentary device used
to obtain recognition during consideration of a bill being read for
amendment. Such an amendment does not contemplate any actual change in
the bill. While pro forma amendments are phrased to make some
superficial change in the language under consideration, such as ``to
strike the last word,'' the underlying purpose is merely to obtain
time for debate which might otherwise be prohibited because of the
time limitations of the five-minute rule (Rule XXIII clause 5).
Deschler Ch 27 Sec. 2. Nevertheless, a pro forma amendment must be
voted on unless withdrawn. 8 Cannon Sec. 2874; Manual Sec. 873a.
A Member who has occupied five minutes on a pro forma amendment:
May not lengthen this time by making another pro forma
amendment. 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. 873a.
May rise in opposition to a pro forma amendment offered by
another Member when recognized for that purpose. Deschler Ch 27
Secs. 2, 2.21 (note).
Debate on a pro forma amendment must be confined to the portion of
the bill to which the pro forma amendment has been offered. Deschler
Ch 27 Secs. 2.5, 28.38. If the point of order is raised, a Member may
not under a pro forma amendment discuss a section of the bill not
immediately pending. Deschler Ch 27 Sec. 2.4.
A Member recognized to debate a pro forma amendment may not
allocate or reserve time. 103-2, July 13, 1994, p ____.
Sec. 9 . Precedence of Motion Generally
In General
A House rule specifies the motions that are in order when a
question is under debate in the House and assigns precedence to those
motions in the order named in the rule. The motion to amend is listed
in the fourth position, taking precedence over the motion to postpone
indefinitely. Under the rule, the motion to amend yields to the motion
to adjourn, to lay on the table, for the previous question, to
postpone to a day certain, and to refer. Rule XVI clause 4. Manual
Sec. 782. Since the motion to refer takes precedence over the motion
to amend (5 Hinds Sec. 5555), the motion to amend is not entertained
while the motion to refer is pending (6 Cannon Sec. 373).
[[Page 21]]
Explaining or Opposing an Amendment
In Committee of the Whole, under the five-minute rule where an
amendment is offered, the initial 10 minutes of debate--five for the
proponent to explain the amendment, five for a speech in opposition--
takes precedence over a motion to amend it. 4 Hinds Sec. 4751.
The Previous Question
In the House, a motion for the previous question takes precedence
over a motion to amend. 8 Cannon Sec. 2660; 90-1, Mar. 1, 1967, p
5038; 92-1, Nov. 8, 1971, p 39944; 96-1, July 24, 1979, p 20385. See
also Manual Sec. 825. Thus, the previous question may be moved pending
the offering of an amendment by a Member to whom the floor was yielded
for that purpose, and the previous question must be voted down before
that Member is recognized to offer the amendment. 92-1, Nov. 8, 1971,
p 39944. The previous question having been voted down, an amendment
may be offered, but if the amendment is ruled out on a point of order,
the previous question may again be moved and takes precedence over the
offering of another amendment. 91-1, Jan. 3, 1969, pp 25-27.
Once the proponent of an amendment has been recognized for debate,
he may not be taken from the floor by another Member seeking to move
the previous question. 90-2, May 8, 1968, p 12262. And a Member
recognized to debate a pro forma amendment may not be taken from the
floor by the motion for the previous question. 92-2, May 8, 1972, pp
16154, 16157.
The Motion to Strike the Enacting Clause
The motion to strike out the enacting clause takes precedence over
a motion to amend (8 Cannon Secs. 2622, 2628) and may be offered while
an amendment is pending (5 Hinds Sec. 5328; 8 Cannon Sec. 2624). See
also 94-1, Apr. 23, 1975, p 11513. However, the rejection of a
preferential motion to strike the enacting clause permits the offering
of proper amendments and this is so notwithstanding expiration of all
debate time on the bill. 98-1, July 29, 1983, pp 21675, 21676. In the
House, the motion is in the following form:
Mr. __________ moves to strike out the enacting clause (or the
resolving clause) of the bill.
In the Committee of the Whole, the motion must be phrased as a
recommendation, since only the House can directly reach the enacting
clause.
Mr. __________ moves that the Committee rise and report the bill
back to the House with the recommendation that the enacting clause
be stricken.
[[Page 22]]
In the Committee of the Whole, the motion is subject to debate
under the five-minute rule. Only two five-minute speeches are in
order, one in favor of, one in opposition to, the motion. While the
motion to strike out the enacting clause is pending, not even the pro
forma amendment to strike out the last word is entertained. 8 Cannon
Sec. 2627.
For general discussion of the motion to strike the enacting
clause, see Committee of the Whole.
The Motion to Rise
With one exception, in Committee of the Whole a motion to amend a
bill has precedence over a motion to rise and report it to the House
(4 Hinds Secs. 4752-4758), but yields to the simple motion that the
Committee rise (4 Hinds Sec. 4770). Where a general appropriation bill
has been completely read for amendment, a motion to rise and report,
if offered by the Majority Leader (or designee), takes precedence over
an amendment proposing a limitation. See Rule XXI clause 2(d). Manual
Sec. 834d.
Precedence as between particular forms of amendment, see Sec. 21,
infra.
Sec. 10 . Amending Other Motions
Generally
The motion to amend may be applied, with certain exceptions, to
other motions that are in order in the House or the Committee of the
Whole. 5 Hinds Sec. 5754; Manual Sec. 826. Unless precluded by the
operation of the previous question, the motion to amend may be applied
to a motion:
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 Secs. 2695, 2738,
2762). See also 91-1, Aug. 11, 1969, p 23143.
To recommit with instructions (8 Cannon Secs. 2698, 2699,
2712, 2759).
For a recess (5 Hinds Sec. 5754).
To fix the day to which to adjourn (5 Hinds Sec. 5383).
To instruct conferees (8 Cannon Secs. 3231, 3240; 90-2, May
29, 1968, p 15499).
To change the reference of a public bill if the amendment is
authorized by the appropriate committee (7 Cannon Sec. 2127;
Manual Sec. 854. But see 4 Hinds Sec. 4378).
When Not Permitted
A motion to amend may not be applied to a motion:
For the previous question (Manual Sec. 452).
To table (5 Hinds Sec. 5754).
[[Page 23]]
To suspend the rules (5 Hinds Secs. 5405, 6858, 6859),
although a motion to suspend the rules and pass a measure may
include a proposed amendment to the measure (99-1, June 4,
1985, p 13986).
To adjourn (5 Hinds Sec. 5754), as by specifying a particular
day (5 Hinds Sec. 5360).
To go into the Committee of the Whole to consider a privileged
bill (6 Cannon Secs. 52, 724; Manual Sec. 826).
To take up a designated bill in the Committee of the Whole (8
Cannon Sec. 2865).
To strike out the enacting clause (8 Cannon Sec. 2626).
An amendment may not be offered to a motion against which a point
of order is pending. See Points of Order. For discussion of the
general rule that the motion to amend is not in order on questions on
which the previous question is operating, see Previous Question.
Amendments to conference reports, see Conferences Between the Houses.
Sec. 11 . Effect of Special Rule
Bills are frequently considered pursuant to the terms of a special
rule or resolution reported from the Committee on Rules which
specifies whether amendments may be offered to the bill, the kind and
number of amendments that may be offered, and the order of
consideration and voting thereon. Deschler Ch 27 Sec. 3. The Committee
on Rules may report a resolution providing procedures to govern the
consideration of a measure even where the measure is already pending
in Committee of the Whole. Deschler Ch 27 Sec. 3.77. See also Special
Rules.
Legislation may be considered:
Under an ``open'' rule, which places no restrictions on
amendment.
Under a ``closed'' rule, which limits amendments, e.g., to
those proposed by the reporting committee.
Under a rule that is ``open in part'' or ``closed in part.''
Under a ``modified open or closed'' rule combining features of
the foregoing.
Where a bill is being considered in the Committee of the Whole
under an ``open'' rule, germane amendments to the bill are in order
under the standing rules of the House. Deschler Ch 27 Sec. 3.7. Where
a bill is being considered under a ``closed'' rule permitting only
committee amendments and no amendments thereto, even pro forma
amendments are not in order. Deschler Ch 27 Sec. 3.34.
A ``modified closed rule'' sometimes permits only designated
amendments (93-1, Dec. 10, 1973, p 40489 [H. Res. 657]); or it may
prohibit the consideration of amendments relating to a particular
subject, such as amend-
[[Page 24]]
ments restricting use of funds for abortions (95-2, June 7, 1978, p
16657 [H. Res. 1220]).
The Committee of the Whole may not substantively restrict the
offering of amendments in contravention of a special rule adopted by
the House. 99-1, June 25, 1985, p 17201; Deschler Ch 27 Sec. 3; Manual
Sec. 887a. A unanimous-consent request may be entertained in Committee
of the Whole by the Chair if its effect is to allow procedures which
differ only in minor or incidental respects from the procedure
required by a special rule adopted by the House. Of course, the House
may, by unanimous consent, delegate to the Committee of the Whole
authority to entertain unanimous-consent requests to change procedures
contained in such a rule. Deschler Ch 27 Sec. 3.29 (note).
A special rule may waive points of order against a bill or against
specified amendments thereto. Deschler Ch 27 Sec. 3. Such a waiver
will not be implied. A special rule merely ``making in order'' an
amendment offered by a designated Member but not specifically waiving
points of order does not permit consideration of the amendment unless
in conformity with the general rules of the House. Deschler Ch 27
Sec. 3.72 (note). A waiver of points of order against a bill does not
apply to amendments offered from the floor. Deschler Ch 27 Sec. 3.
The so-called ``self-executing'' special order has been applied in
recent years to expedite the amendment process. A special rule has
been reported to the House which provided that an amendment striking
language in the bill ``shall be considered to have been adopted.'' 99-
2, July 27, 1986, pp 17603, 17604. The Committee on Rules has also
reported rules which have ``self-executed'' the adoption of nongermane
amendments. 103-1, Feb. 24, 1993, p ____; 103-1, July 27, 1993, p
____.
Sec. 12 . -- Amendments Printed in the Record
Where a Member seeks recognition to offer an amendment under a
special rule which permits only germane amendments which have been
printed in the Congressional Record, the amendment must qualify under
the rule. 95-1, Sept. 23, 1977, p 30530. An amendment similar but not
identical to the text of an amendment printed in the Record has been
held out of order under such a rule. 93-2, Feb. 6, 1974, p 2368.
Unanimous consent is required to offer an amendment which differs in
any way from an amendment permitted under the rule. Deschler Ch 27
Sec. 3.25; 94-2, Sept. 1, 1976, pp 28871, 28872, 28877; 95-1, Oct. 27,
1977, pp 35385, 35386.
Where a special rule restricts the offering of amendments to those
printed in the Congressional Record but does not specify the Members
who must
[[Page 25]]
offer them, the right to propose amendments properly inserted in the
Record inures to all Members. 93-2, Mar. 26, 1974, pp 8229, 8233,
8243.
A special rule prohibiting amendments to a bill except those
printed in the Congressional Record does not apply to amendments to
amendments unless so specified. Deschler Ch 27 Sec. 3.13.
B. Permissible Pending Amendments
Sec. 13 . Generally; The Stages of Amendment
The checklist below and the appended chart show the four common
motions that may be pending simultaneously under Rule XIX (5 Hinds
Sec. 5753) and the order in which they are voted on (see also Sec. 28,
infra):
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 and all four amendments may be pending at
one time. 5 Hinds Sec. 5753; 8 Cannon Sec. 2883; 27 Deschler Ch 27
Sec. 1.
The amendments shown in the chart are amendments in the first or
second degree. Amendments beyond the second degree, such as an
amendment
[[Page 26]]
to the amendment to the amendment to the pending text, are not in
order. See Sec. 14, infra. Frequently, however, as by special rule, an
amendment in the nature of a substitute may be considered as an
original text for purposes of amendment, thereby extending the
permissible degrees of amendment. Deschler Ch 27 Sec. 1. Indeed a
special rule reported from the Committee on Rules may specifically
permit the offering of amendments beyond the second degree. 94-1, Feb.
27, 1975, p 4593. In one instance in 1979, pursuant to special rule,
up to eight amendments were pending simultaneously to the pending
text. 96-1, May 15, 1979, pp 1050 et seq.
There is no limit to the number of amendments that may be offered
either to an amendment or to a substitute; when one second degree
amendment has been disposed of, another can be offered. Deschler Ch 27
Sec. 5.16. And where both an amendment and a substitute have been
offered, each may have one amendment pending to it at one time.
Deschler Ch 26 Secs. 5.14, 5.15.
Perfecting the Original Text
It is in order to offer a perfecting amendment to the pending
portion of original text, even though there is pending an amendment in
the nature of a substitute for the pending measure. Deschler Ch 27
Sec. 5.34. Likewise, where there is pending a motion to strike a title
of a bill, perfecting amendments to that title may nevertheless be
offered and voted on prior to voting on the motion to strike. Deschler
Ch 27 Sec. 5.11.
Amending Pending Amendments
Only one amendment to a pending amendment may be pending at one
time. Deschler Ch 27 Secs. 5.7, 5.17, 5.24; 96-1, Apr. 9, 1979, p
7763. But as soon as an amendment to an amendment is adopted or
rejected another is in order seriatim until the amendment is
perfected; and only after disposition of the amendment will further
amendment of the bill be allowed. Deschler Ch 27 Sec. 5.5.
Amending Substitute Amendments
A substitute for an amendment is subject to amendment. Deschler Ch
27 Secs. 5.3, 5.4. Thus, where an amendment, an amendment thereto, and
a substitute for the original amendment are pending, it is in order to
offer an amendment to the substitute. Deschler Ch 27 Sec. 5.13. Other
amendments to the substitute are in order following disposition of the
pending amendment to the substitute. Deschler Ch 27 Sec. 5.25.
[[Page 27]]
Amending Amendments in the Nature of a Substitute
When properly made in order, an amendment in the nature of a
substitute may be considered as original text for purposes of
amendment. Accordingly, where pursuant to a special rule a committee
amendment in the nature of a substitute is being read as original text
for purpose of amendment, there may be pending to that text (1) an
amendment, (2) a substitute therefor, and (3) amendments to both the
amendment and the substitute. Deschler Ch 27 Sec. 5.32. See also 91-2,
Dec. 2, 1970, p 39500. And as often as amendments to the amendment are
disposed of, further amendments may be offered and voted upon prior to
voting on the amendment to the substitute. Deschler Ch 27 Sec. 5.21.
Sec. 14 . Amendments in the Third Degree
The following chart shows the four common forms of amendments in
the first or second degree and distinguishes them from amendments in
the third degree.
Amendments in the third degree are not in order. 5 Hinds
Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line
must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has
drawn it after the amendment to the amendment.'' Manual Sec. 454. This
principle is reflected in Rule XIX (Manual Sec. 822) and is considered
fundamental in the House of Representatives. Deschler Ch 27 Sec. 6.
Thus, as shown by the chart, an amendment to an amendment to an
amendment is in the third degree and not in order. Deschler Ch 27
Sec. 6.2; 89-1, Aug. 18, 1965, pp 20938, 20943; 95-1, July 27, 1977, p
25252. Until the amendment to the amendment is disposed of, no further
amendment to the amendment may be offered. Deschler Ch 27 Sec. 6.12;
88-1, Apr. 29, 1963, p 7242.
The prohibition against amendments in the third degree also
applies to amendments between the House and Senate. If a bill
originating in one House is amended by the other, the originating
House may amend the amendment, and the second House may again amend.
Any further amendment between the Houses would be in the third degree
(Manual Sec. 529). 93-1, Oct. 18, 1973, p 34699.
Substitutes for Pending Amendments Distinguished
As shown by the following chart, a substitute for a pending first
degree amendment is subject to amendment (98-1, May 4, 1983, p 11074),
whereas a perfecting amendment to an amendment is not, as that would
be in the third degree (96-1, Mar. 8, 1979, pp 4507, 4508, 4510). The
substitute permitted by Rule XIX is an alternative to the original
first degree amendment
[[Page 28]]
[[Page 29]]
and not for the amendment to that amendment. Indeed, when an amendment
and a perfecting amendment thereto are pending, neither an amendment
to, or substitute for, the perfecting amendment is in order, being in
the third degree. Deschler Ch 27 Sec. 6.2; 96-1, Apr. 9, 1979, p 7763.
While a perfecting amendment to a pending substitute should retain
some portion of the substitute so as not to be in effect a substitute
in the third degree, the Chair does not look behind the form of the
amendment in the absence of a timely point of order from the floor.
Deschler Ch 27 Sec. 6.21.
Amendments in the Nature of a Substitute
Normally, an amendment to or a substitute for an amendment to an
amendment in the nature of a substitute would be in the third degree
and not in order. This principle, however, would not apply if the
amendment in the nature of a substitute were being considered as
original text for purposes of amendment. Deschler Ch 27 Sec. 6.15
(note). Where an amendment in the nature of a substitute is considered
as original text for the purpose of amendment, pursuant to a special
order, an amendment to an amendment thereto is not in the third degree
and is in order. Deschler Ch 27 Sec. 6.18.
Amendments While Motion to Strike Pending
While a motion to strike out is pending, it is in order to offer
an amendment to perfect the language proposed to be stricken out; such
a perfecting amendment (which is in the first degree) may be amended
by a substitute (also in the first degree), and amendments to the
substitute are then in the second degree and in order. Deschler Ch 27
Sec. 6.20.
Pro Forma Amendments
In the Committee of the Whole, pro forma amendments are
technically not in order where the four permitted amendments are
pending if the point of order is raised, as they would constitute
amendments in the third degree. But Chairmen have hesitated to rule
out of order pro forma amendments as being in the third degree since
the Committee has the power to close debate when it chooses, and has
permitted such amendments to be offered by unanimous consent. Deschler
Ch 27 Sec. 6.22. See also 79-2, Feb. 4, 1946, p 848.
C. When to Offer Amendment; Reading for Amendment
Sec. 15 . In General; Reading by the Clerk
Amendments are not in order in Committee of the Whole until
general debate has been closed. 4 Hinds Sec. 4744. Amendments are then
taken up
[[Page 30]]
under the five-minute rule. Rule XXIII clause 5(a). Manual Sec. 870.
The bill is read for amendment, and amendments are offered and debated
at the appropriate point in the reading. Thus, when a bill is being
read for amendment in the Committee of the Whole by sections, it is
not in order to offer amendments except to the one section under
consideration. Deschler Ch 27 Sec. 7. And after a section or paragraph
has been passed it is no longer subject to amendment. Manual
Secs. 413, 872.
Bills are ordinarily read for amendment by sections or paragraphs
in sequence, but by unanimous consent the Committee of the Whole may
vary the order in which the portions of a bill are read for amendment
under the five-minute rule. 96-1, Sept. 12, 1979, p 24204. Indeed, the
reading of a bill may be entirely dispensed with by unanimous consent.
Deschler Ch 27 Secs. 7.1, 7.18.
House Practice Distinguished
In the House, amendments to measures on the House Calendar are
made where the Member calling up the measure yields for an amendment,
or if the previous question is not moved or ordered, pending the
engrossment and third reading. 5 Hinds Sec. 5781; 7 Cannon Sec. 1051;
Deschler Ch 27 Sec. 13.3. Amendments may be offered to any part of the
bill without proceeding consecutively section by section or paragraph
by paragraph. 4 Hinds Sec. 3392.
Practice in House as in Committee of the Whole
Where a bill is by unanimous consent considered in the House as in
the Committee of the Whole, the bill is considered as read and open to
amendment at any point under the five-minute rule. Deschler Ch 27
Sec. 11.22; 91-2, Aug. 10, 1970, p 28050. And this is so despite the
fact that the House has previously adopted a special order providing
that the bill be read by title in the Committee of the Whole. Deschler
Ch 27 Sec. 7.2.
Sec. 16 . Amendments to Text Passed in the Reading
In the Committee of the Whole amendments to a section are in order
after the section has been read or the reading dispensed with (89-1,
June 29, 1965, p 15162) and remain in order until the reading of the
next portion to be considered (96-1, Sept. 13, 1979, p 24425).
Generally, an amendment comes too late when the Clerk has read beyond
the section to which the amendment applies. Deschler Ch 27 Sec. 8.1;
102-2, June 30, 1992, p ____. See also 8 Cannon Sec. 2930.
An amendment offered as a new section is in order to a bill being
read by sections after the Clerk has read up to, but not beyond, the
point at which the amendment would be inserted. The amendment must be
offered
[[Page 31]]
after the consideration of the section of the bill which it would
follow, and comes too late after the next section of the bill has been
read for amendment. 93-2, July 2, 1974, pp 22026, 22028; Deschler Ch
27 Sec. 8.17. A section is considered passed for the purpose of
amendment after an amendment inserting a new section has been adopted
following that section. Deschler Ch 27 Sec. 8.12. An amendment adding
a new section at the end of a bill is in order after the last section
of the bill has been read even though other amendments adding new
sections have been adopted. 95-2, Aug. 14, 1978, p 29563.
A point of order as to the timeliness of an amendment may not be
raised in such a way as to deprive a Member of a timely opportunity to
present an amendment. A point of order that an amendment to a section
or a paragraph of a bill comes too late does not lie where the Member
offering the amendment was standing and seeking recognition before the
section or paragraph was passed in the reading. 95-2, June 8, 1978, p
16779. (For a similar ruling, see Deschler Ch 27 Sec. 8.22.) And the
Chair has on occasion directed the Clerk to reread a paragraph of a
bill where there was doubt as to how far the Clerk had read. Deschler
Ch 27 Sec. 8.4.
Sec. 17 . Amendments to Text Not Yet Read; Amendments En Bloc
It is not in order to strike out (93-1, July 25, 1973, p 25829) or
otherwise amend portions of a bill not yet read for amendment
(Deschler Ch 27 Sec. 9.1; 102-2, June 30, 1992, p ____). Even
committee amendments printed in a bill are not considered until the
section where they appear is read for amendment. Deschler Ch 27
Sec. 9.4. Amendments to a pending title of a bill and to a subsequent
title may be offered en bloc only by unanimous consent. Deschler Ch 27
Sec. 9.13. Similarly, to a bill being read for amendment by sections,
amendments to more than one section may be considered en bloc by
unanimous consent only. 95-1, Oct. 5, 1977, p 20523.
In the 104th Congress, clause 2(f) of Rule XXI was added to permit
the offering of certain ``budget neutral'' amendments when an
appropriation bill is being read for amendment. Such amendments are
made in order en bloc even if they affect paragraphs in the
appropriation bill not yet read for amendment. Such amendments are not
subject to division. Manual Sec. 834f.
Sec. 18 . Amendments to Bills Considered as Read and Open to Amendment
Unless permitted by special order (95-1, Aug. 2, 1977, p 26124), a
bill may be considered as read and open to amendment at any point only
by unanimous consent; a motion to that effect is not in order.
Deschler Ch 27
[[Page 32]]
Sec. 11.2. Similarly, during the reading of a section for amendment,
that section can be considered as read and open to amendment at any
point only by unanimous consent. Deschler Ch 27 Sec. 11.4. Where such
consent is granted, amendments may then be offered to any portion of
the bill not yet read for amendment at the time the permission is
granted. Deschler Ch 27 Sec. 11.9. Of course, amendments remain in
order to that portion of the bill pending when the request was
granted. 94-1, Apr. 23, 1975, p 11546; 94-1, June 4, 1975, p 16899.
But an agreement that the remainder of the bill be considered read and
open for amendment at any point does not admit an amendment to a
portion of the bill already passed in the reading. Deschler Ch 27
Sec. 11.8.
Sec. 19 . Amendments in the Nature of a Substitute
An amendment in the nature of a substitute for a bill is in order
after the first section (or paragraph) of the bill has been read for
amendment (Deschler Ch 27 Secs. 12.1, 12.2; 95-2, Mar. 20, 1978, p
7559) or following the reading of the final section (or paragraph) of
the bill (91-2, Apr. 14, 1970, p 11649; Deschler Ch 27 Sec. 12.4). To
a bill being read for amendment by titles, an amendment in the nature
of a substitute for the entire bill may be offered either after the
reading of the ``short title'' of the bill (which is normally a
separate section of the bill preceding title I) or at the conclusion
of the reading of the whole bill. Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute for a bill is not in
order at an intermediate stage of the reading. Deschler Ch 27
Sec. 12.10 (note). See also 95-1, Sept. 29, 1977, p 31543. Of course,
if the bill is considered as having been read for amendment, then an
amendment in the nature of a substitute may be offered at any time
during consideration of the bill. 95-1, Mar. 29, 1977, p 9353.
While an amendment in the nature of a substitute may ordinarily be
offered after the reading of the first section of a bill being read by
sections and prior to committee amendments adding new sections, where
a bill consists of one section and is therefore open to amendment at
any point when read, committee amendments adding new sections are
considered perfecting amendments and are disposed of prior to the
offering of amendments in the nature of a substitute. 94-1, Nov. 7,
1975, p 35525.
An amendment in the nature of a substitute is in order after an
entire bill has been read and perfecting amendments have been adopted
thereto, as long as such perfecting amendments have not changed the
bill in its entirety. Deschler Ch 27 Sec. 12.16. Similarly, an
amendment in the nature of a substitute may be offered for a bill (or
for an amendment being considered
[[Page 33]]
as original text) after the reading thereof has been completed, if
another amendment in the nature of a substitute has not been
previously adopted. 95-2, May 18, 1978, p 14391.
Sec. 20 . Recognition to Offer Amendments; Priority
Necessity of Recognition
It being fundamental that recognition rests with the Chair (2
Hinds Sec. 1422), a Member wishing to offer an amendment must first be
recognized by the Chair for that purpose. Deschler Ch 27 Sec. 4.1. It
is for this reason that a Member holding the floor under the five-
minute rule may not yield to another Member to offer an amendment.
Deschler Ch 27 Sec. 4.6.
Discretion of Chair
Except in cases where he is governed by a special order adopted by
the House (Deschler Ch 27 Sec. 4.35), recognition for the purpose of
offering amendments is within the discretion of the Chair (Deschler Ch
27 Sec. 4.2). No point of order lies against the Chair's recognition
of one Member over another (where the special order governing the
consideration of the bill is silent in this respect). 96-1, June 21,
1979, pp 15999, 16000; Deschler Ch 27 Sec. 4.19. Nevertheless, in the
absence of a controlling special order, the Chair ordinarily follows
the many precedents and practices that serve as guidelines to the
Chair in according recognition to Members to offer amendments.
Deschler Ch 27 Sec. 4.35. For example, the Chair may accord
recognition pursuant to the principle of alternation between majority
and minority parties or on the priority of perfecting amendments over
motions to strike. 96-1, June 21, 1979, pp 15999, 16000.
Priority of Committee Amendments
Amendments recommended by a committee reporting a bill are
normally considered before amendments offered from the floor (97-2,
Dec. 1, 1982, pp 28206, 28207), even where the bill is considered read
and open to amendment (Deschler Ch 27 Sec. 4.34). Thus, perfecting
committee amendments to a paragraph under consideration are disposed
of before amendments from the floor are considered. Deschler Ch 27
Sec. 4.33.
Committee Membership as Basis for Recognition
In recognizing Members to offer amendments in the Committee of the
Whole, preference is ordinarily given to members of the committee
reporting the bill, if on their feet seeking recognition. Deschler Ch
27 Sec. 4.8. Members of the committee reporting a pending bill are
entitled to prior recogni-
[[Page 34]]
tion over noncommittee members despite their party affiliation.
Deschler Ch 27 Sec. 4.10.
Members of the reporting committee or committees are normally
accorded prior recognition in order of full committee seniority
(Deschler Ch 27 Secs. 4.11, 4.13) and not by the sequence of lines in
the pending paragraph to which those amendments may relate. Deschler
Ch 27 Sec. 4.30. It is within the discretion of the Chair as to
whether he will first recognize a majority or minority member of the
committee. Deschler Ch 27 Sec. 4.18.
Effect of Parliamentary Inquiries
The fact that the Chair has recognized a Member to raise a
parliamentary inquiry does not prohibit the Chair from then
recognizing the same Member to offer an amendment, and the principle
of alternation of recognition does not require the Chair to recognize
a Member from the minority to offer an amendment after recognizing a
Member from the majority to raise a parliamentary inquiry. Deschler Ch
27 Sec. 4.13 (note).
D. Offering Particular Kinds of Amendments; Precedence and Priorities
Sec. 21 . Introductory; Perfecting Amendments
Generally, the House follows the Jeffersonian principle that
language should be perfected before taking other action on it.
Deschler Ch 27 Sec. 15. ``[T]he friends of the paragraph'' Jefferson
wrote, ``may make it as perfect as they can by amendments before the
question is put for inserting it. . . . In like manner, if it is
proposed to amend by striking out a paragraph, the friends of the
paragraph are first to make it as perfect as they can by amendments,
before the question is put for striking it out.'' Manual Sec. 469. An
important exception to this rule is that a motion to strike out the
enacting words of a bill, being a device used for purposes of
rejecting the bill, has precedence over a motion to amend the bill.
Rule XXIII clause 7. Manual Sec. 875.
A motion to strike and a perfecting amendment may be pending
simultaneously. They must be voted on separately in a specified order
(Sec. 28, infra), and they may not be offered as amendments to or
substitutes for one another. But they need not be offered in the order
in which they are voted on. Deschler Ch 27 Sec. 15.1. When a motion to
strike out a pending portion of a bill is pending, perfecting
amendments are in order to the text proposed to be stricken--not to
the motion to strike. Deschler Ch 27 Sec. 15.13.
[[Page 35]]
Precedence Over the Motion to Strike
A perfecting amendment to the text of a bill is in order and takes
precedence over a pending motion to strike out the text, and is first
acted upon. Deschler Ch 27 Secs. 15.3, 15.4; 91-2, Mar. 19, 1970, p
8188; 95-1, Oct. 3, 1977, p 32017. Thus, an amendment inserting new
words is in order and takes precedence over a pending motion to strike
out that portion of the text. Deschler Ch 27 Sec. 15.7; 95-1, Feb. 24,
1977, p 5370.
Perfecting amendments to a paragraph may be offered (one at a
time) while a motion to strike out the paragraph is pending, and such
perfecting amendments are first disposed of. Deschler Ch 27
Secs. 15.5, 15.15; 89-2, Mar. 29, 1966, pp 7104-06, 7118. Under this
rule, where a perfecting amendment is offered and rejected, a second
perfecting amendment may be offered prior to the vote on a motion to
strike out. 87-2, Apr. 10, 1962, pp 6167-69. And if the motion to
strike out is ultimately defeated, further perfecting amendments to
the pending text are yet in order. Deschler Ch 27 Sec. 15.8; 89-2,
Aug. 3, 1966, p 18136.
While a motion to strike a pending portion of a bill will be held
in abeyance until perfecting amendments to that portion are disposed
of (102-2, May 5, 1992, p ____), a Member who has been recognized to
debate his motion to strike may not be deprived of the floor by
another Member who seeks to offer a perfecting amendment; after the
Member so recognized has completed his five minutes in support of his
motion to strike, but before the question is put on the motion to
strike, the perfecting amendment may be offered and voted upon.
Deschler Ch 27 Sec. 15.11.
Whether or not preferential perfecting amendments to the pending
text, offered pending a motion to strike that text, are adopted or
rejected, a vote still must be taken on the motion to strike (assuming
that the perfecting amendments do not change the entire text pending).
Deschler Ch 27 Sec. 15.24. But if perfecting amendments are agreed to,
and are coextensive with the material proposed to be stricken, the
motion to strike out the amended text falls and is not acted on.
Deschler Ch 27 Sec. 15.25.
Precedence Over Amendment in the Nature of a Substitute
Where a bill consists of several sections, an amendment in the
nature of a substitute should be offered after the reading of the
first section and following disposition of perfecting amendments to
the first section. Deschler Ch 27 Sec. 15.40 (note). Indeed, a
perfecting amendment to the first section of a bill may be offered
while an amendment in the nature of a substitute for the entire bill
is pending. Deschler Ch 27 Sec. 15.32. And a perfecting amendment to a
pending paragraph of a bill is in order and is not precluded
[[Page 36]]
by the intervention of an amendment in the nature of a substitute for
the paragraph and several of those following. Deschler Ch 27
Sec. 15.33.
Sec. 22 . Motions to Strike
Amendments proposing to strike out a section of a bill are in
order after perfecting amendments to the section are disposed of.
Deschler Ch 23 Sec. 17.3; 93-2, Dec. 10, 1974, pp 38749 et seq. A
motion to strike out a section or paragraph is not in order while a
perfecting amendment is pending. Deschler Ch 27 Secs. 16.6, 17.1; 88-
1, Dec. 16, 1963, pp 24753, 24755; 93-2, June 5, 1974, pp 17868,
17869. The motion to strike out, if already pending, must remain in
abeyance until the amendment to perfect has been moved and voted on. 5
Hinds Sec. 5758; 8 Cannon Sec. 2860; Manual Sec. 469. Since a
provision must be perfected before the question is put on striking it
out, a motion to strike out a paragraph or section may not be offered
as a substitute for a pending motion to perfect the paragraph or
section. 88-1, Dec. 16, 1963, pp 24753, 24755; 93-2, June 5, 1974, pp
17868, 17869. And this is true even where the pending perfecting
amendment is a motion to strike out and insert new text. 89-2, Oct.
14, 1966, p 26966; 90-2, June 4, 1968, p 15889. However, while the
motion to strike out is not in order in this situation as a
substitute, it may be offered after disposition of the perfecting
amendment to strike out and insert if more comprehensive in scope. 96-
1, July 25, 1979, pp 20623, 20624.
While an amendment which has been agreed to may not be modified, a
proposition to strike it from the bill with other language of the
original text is in order. 8 Cannon Sec. 2855. Thus, if the pending
title of a bill is perfected by an amendment adding a new section
thereto, and the Committee of the Whole thereafter agrees to a motion
to strike out the entire title, the words added by the perfecting
amendment are eliminated along with the rest of the title. 91-1, Oct.
3, 1969, p 28454.
To a motion to strike out certain text and insert new language, a
simple motion to strike out all that text may not be offered as an
amendment, as it would have the effect of dividing the motion to
strike out and insert which is prohibited by Rule XVI clause 7. 93-2,
July 25, 1974, pp 25240, 25241. See also 96-1, June 19, 1979, pp
15566-68.
Motion to strike unfunded federal mandate, see Rule XXIII clause
5(c). See also Sec. 49, infra.
Sec. 23 . Motions to Strike Out and Insert
As a perfecting amendment, a motion to strike out and insert takes
precedence over a pending motion to strike out. 8 Cannon Sec. 2849. It
may be
[[Page 37]]
offered while the motion to strike out is pending and is first acted
upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed
to, and is coextensive with the motion to strike, the motion to strike
out the amended text falls and is not acted on. Deschler Ch 27
Sec. 16.4.
By House rule, a motion to strike out and insert is indivisible.
Rule XVI clause 7. Manual Sec. 793. For this and other reasons, a
motion to strike out is not in order as a substitute for a pending
motion to strike out and insert. Deschler Ch 27 Sec. 17.18.
Conversely, a motion to strike out and insert a portion of a pending
section is not in order as a substitute for a motion to strike out the
section, but may be offered as a perfecting amendment to the section
and is first voted upon, subject to being eliminated by subsequent
adoption of the motion to strike out. 97-1, July 16, 1981, p 10658.
Sec. 24 . Substitute Amendments
Generally
A ``substitute'' is a substitute for an amendment, and not a
substitute for the original text. Sec. 6, supra. A substitute can be
entertained only after an amendment is pending. 8 Cannon Sec. 2883. In
the Committee of the Whole, the proper time to offer a substitute for
an amendment is after the amendment has been read and the Member
offering it has been permitted to debate it under the five-minute
rule. Deschler Ch 27 Sec. 18.2. The substitute is then in order until
the Chair puts the question on the amendment. Deschler Ch 27
Sec. 18.3.
Substitutes for Amendments in the Nature of a Substitute
An amendment in the nature of a substitute is subject to amendment
by a substitute therefor (Deschler Ch 27 Sec. 18.18), and the
substitute is in order even after perfecting amendments have been
adopted to the amendment in the nature of a substitute. See Deschler
Ch 27 Sec. 18.19.
Reoffering Substitute Propositions
Whether a proposition contained in a substitute may be reoffered
in a different form after it has failed of approval depends on the
circumstances. If the language of the substitute is reoffered in such
a way as to present precisely the same question that has already been
voted on, it would not be in order. Where an amendment is altered by
adoption of a substitute, and then is rejected as so amended, the
language of the substitute cannot be reoffered at that point as a
first degree amendment. See Deschler Ch 27 Sec. 18.25 and note.
Clearly, however, where the actual proposition was never voted on
because of changes made through the amendment process, the proposition
may be offered again as, for example, an amendment to text.
[[Page 38]]
Where an amendment is offered, and then a substitute for that
amendment, the consideration of that substitute necessarily proceeds
with reference only to the particular amendment to which offered. This
may present a different question from that which would arise if the
language of the substitute were considered with reference to the text
of the bill. Compare 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and
Deschler Ch 27 Sec. 18.25 (note). See also Manual Sec. 823.
Sec. 25 . Offering Amendments During Yielded Time
In the House
A measure being considered in the House is not subject to
amendment unless the Member in control yields for that purpose (89-1,
Jan. 4, 1965, p 20) or the previous question is either not moved or is
rejected (see Sec. 26, infra). Ordinarily, an amendment to the measure
may be offered only by the Member having the floor unless he yields
for that purpose; and it is within the discretion of the Member in
charge whether, and to whom, he will yield. Deschler Ch 27 Sec. 13.3.
An amendment may not be offered in time yielded for debate only. 8
Cannon Sec. 2474; Deschler Ch 27 Sec. 13.1.
A Member controlling debate in the House on a measure may yield to
another to offer an amendment (8 Cannon Sec. 2470; 89-1, Sept. 17,
1965, p 24290), despite his prior announced intention not to yield for
such purpose (92-1, Apr. 29, 1971, pp 12489, 12504). The Member so
yielded to may then offer an amendment, be recognized for an hour, and
may himself yield time. 89-1, Sept. 17, 1965, p 24290.
A Member who has the floor in debate in the House may not yield to
another Member to offer an amendment without losing control of his
time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment
he loses his right to resume. 5 Hinds Sec. 5031. However, a Member may
yield to permit an amendment to be read for information without losing
control of his time. 8 Cannon Sec. 2477.
In Committee of the Whole
A Member recognized under the five-minute rule may not yield to
another Member to offer an amendment. 93-1, Apr. 19, 1973, p 13240;
95-2, May 18, 1978, p 14410; 95-2, July 13, 1978, p 20653. A Member
wishing to offer an amendment under the five-minute rule must seek
recognition from the Chair and may not be yielded the floor for that
purpose by another Member. Deschler Ch 27 Sec. 13.7.
[[Page 39]]
Sec. 26 . Effect of Previous Question; Expiration of Time for Debate
Generally; House Practice
After the previous question has been moved or ordered on a bill
and pending amendments, further amendments may not be offered. 5 Hinds
Secs. 5486, 5487. The demand for the previous question cuts off
further amendments unless the previous question is rejected. Deschler
Ch 27 Sec. 14.1; 89-1, Jan. 4, 1965, p 19. And the adoption of the
previous question on a proposition precludes further debate or
amendment and brings the House to an immediate vote thereon. 86-2,
Aug. 26, 1960, p 17869; 96-1, July 24, 1979, pp 20385, 20412, 20413.
The previous question may be moved (1) on a pending amendment, or
(2) on the measure to which offered, or (3) on both propositions. See
Previous Question. Thus, where the previous question is ordered in the
House on a pending resolution and the amendment thereto, the vote
immediately recurs on the adoption of the resolution after the
disposition of the amendment, and no intervening amendment is in
order. Deschler Ch 27 Sec. 14.3. However, a motion to commit may be in
order under Rule XVII. Manual Secs. 804, 808. See Refer and Recommit.
The previous question is sometimes ordered on undebatable motions
for the specific purpose of preventing amendments thereto. 5 Hinds
Sec. 5490. An amendable motion offered in the House is not subject to
amendment after the previous question has been ordered thereon. 95-2,
Feb. 22, 1978, p 4074.
Expiration of Debate Time in Committee of the Whole
An amendment to a pending section of a bill being considered in
the Committee of the Whole may be offered notwithstanding the
expiration of all time for debate on the section and any amendments
thereto. Deschler Ch 27 Sec. 14.9. By House rule (Rule XXIII clause 6,
Manual Sec. 874) the expiration of a limitation on debate under the
five-minute rule does not prohibit the offering of further amendments,
but such amendments are not subject to debate (if not printed in the
Congressional Record). Deschler Ch 27 Sec. 14.10. See also
Consideration and Debate.
[[Page 40]]
E. Consideration and Voting
Sec. 27 . In General; Reading of Amendment
Generally
Amendments to a bill must be read in full (8 Cannon Sec. 2339) or
their reading dispensed with in accordance with the rules, and this is
so even where the bill itself is considered as having been read for
amendment pursuant to a special rule (Deschler Ch 27 Sec. 22). The
reading of an amendment must be completed before an amendment thereto
is in order. 87-2, Jan. 23, 1962, p 759; 88-2, Feb. 20, 1964, p 3217.
Amendments at the Clerk's desk must be offered by a Member before
they will be read by the Clerk. 93-1, Dec. 14, 1973, p 41731. They
need not be reoffered after they have been reported by the Clerk
notwithstanding suspension of consideration of the bill. Where the
Committee of the Whole resumes its consideration of a bill after an
interval of time, the Chair sometimes (without objection) directs the
Clerk to rereport the amendments which were pending at the time the
Committee rose. 91-2, May 6, 1970, p 14418.
Numbering Amendments
Beginnning in the 104th Congress, amendments printed in the Record
are numbered in the order submitted for printing (Rule XXIII clause
6).
Dispensing With Reading
The reading of an amendment may be dispensed with by unanimous
consent (94-2, Feb. 9, 1976, p 2872) or waived pursuant to the
provisions of a special rule (95-2, Oct. 6, 1978, p 34087). The
reading of an amendment in the Committee of the Whole may also be
dispensed with by motion, if the amendment has been printed in the
bill as reported, or if printed in the Record and submitted one day
prior to floor consideration to the committee or committees reporting
the bill. Rule XXIII clause 5. Manual Sec. 873b.
Rereading Amendments
An amendment which has been once read may not be read again except
by unanimous consent. Deschler Ch 27 Sec. 22.2; 90-1, Mar. 1, 1967, pp
5036-38. It is not within the province of the Chair to analyze the
effect of amendments, and the Chair has declined to ask unanimous
consent that the Clerk read the ``differences'' between two pending
amendments. 95-1, Apr. 6, 1977, p 10773.
[[Page 41]]
Amendment in Nature of Substitute
The reading of an amendment in the nature of a substitute must be
completed before an amendment thereto is in order. Deschler Ch 27
Sec. 22.5. An amendment in the nature of a substitute is not read by
sections in the absence of a special rule which specifies to the
contrary, and is open to amendment at any point when read in its
entirety. Deschler Ch 27 Sec. 22.6; 96-1, Dec. 18, 1979, pp 36791,
36793, 36794. Where, pursuant to a special rule, an amendment in the
nature of a substitute is being read as an original bill for the
purpose of amendment, the amendment is read section by section, and
substantive as well as pro forma amendments are in order following the
reading of each section. 88-2, Feb. 26, 1964, p 3641.
Sec. 28 . Order of Consideration Generally
Voting Sequence
The four forms of amendment permitted by Rule XIX may be pending
simultaneously. Sec. 13, supra. However, as shown by the appended
chart, they must be voted on in the sequence shown, as follows: (1)
amendments to the amendment, if any, are disposed of first, seriatim,
until the amendment is perfected; (2) amendments to the substitute are
next voted on, seriatim, until the substitute is perfected; (3) the
substitute is next voted on; (4) the amendment is voted on last, so
that if the substitute has been agreed to, the vote is on the
amendment as amended by the substitute. Rule XIX. Manual Sec. 822. See
also Deschler Ch 27 Sec. 23, and 95-2, May 18, 1978, p 14393.
A perfecting amendment to an amendment must be offered before the
vote on the amendment. 98-1, May 4, 1983, p 11074. Once a perfecting
amendment to an amendment is disposed of, the original amendment, as
amended or not, remains open to further perfecting amendment, and all
such amendments are disposed of prior to voting on substitutes for the
original amendment and amendments thereto. Deschler Ch 27 Sec. 23.9;
102-1, June 19, 1991, p ____.
Disposition of the perfecting amendment to the substitute does not
preclude the offering of further amendments to the amendment. 96-1,
May 15, 1979, p 11180. But when the substitute is adopted, the vote
recurs immediately upon the original amendment as amended by the
substitute, and further perfecting amendments (including pro forma
amendments) are not in order. 96-1, May 1, 1979, pp 9299-301, 9311.
[[Page 42]]
Effect of Special Rule
A special order reported from the Committee on Rules may reverse
or alter the normal order of consideration of amendments in the
Committee of the Whole. 99-1, May 22, 1985, p 13001. Where the House
has adopted a special rule permitting the consideration of amendments
in Committee of the Whole only in a prescribed order, the Committee of
the Whole must rise to permit the House, by unanimous consent, to
change that order of consideration. Deschler Ch 27 Sec. 23.
[[Page 43]]
Sec. 29 . Committee Amendments
Pending amendments, whether favorably or adversely recommended by
the committee reporting the bill, must be voted on. 8 Cannon
Sec. 2865. The Committee of the Whole must vote on a pending amendment
even though it has been ``accepted'' by members of the committee
reporting the bill. Deschler Ch 27 Sec. 26.10.
Committee amendments to a bill are ordinarily taken up before
amendments from the floor, although they are not voted on until after
they have been perfected. 5 Hinds Sec. 5773. Floor amendments to the
bill are normally in order following the disposition of pending
committee amendments perfecting that bill, even though the bill is
open to amendment at any point. Deschler Ch 27 Sec. 26.3. Where a bill
is considered as having been read for amendment, it is open to
amendment at any point and all committee perfecting amendments must be
disposed of, regardless of their place in the bill, prior to offering
of amendments to the bill from the floor. Deschler Ch 27 Sec. 26.5.
Where a committee amendment proposes to strike a portion of the
text, a perfecting amendment from the floor may intervene before the
vote is taken on the committee amendment. See Sec. 21, supra.
A committee amendment to the first paragraph or section of a bill
is voted on before a vote is taken on an amendment in the nature of a
substitute to strike out all after the enacting clause and insert new
matter. Deschler Ch 27 Sec. 26.1.
Sec. 30 . Amendments En Bloc; Use of Special Rules
Generally
Amendments may be considered en bloc only by unanimous consent
(Deschler Ch 27 Secs. 27.2, 27.3) or pursuant to a special rule
(Deschler Ch 27 Secs. 27.14-27.16). Amendments considered en bloc by
unanimous consent are subject to germane amendment after they have
been read. 95-2, Mar. 9, 1978, p 6286. Once pending they are open to
perfecting amendment at any point. 102-1, June 12, 1991, p ____.
En bloc amendments may be offered to a pending amendment, but it
is not in order to consider en bloc amendments to amendments which
have not been reported. Deschler Ch 27 Sec. 27.10. En bloc amendments
to appropriation bills, see Appropriations.
Points of Order
Where unanimous consent is requested that two or more amendments
be considered en bloc, points of order against any or all of them may
be
[[Page 44]]
made or reserved pending agreement to the request. Deschler Ch 27
Sec. 27.5. Amendments offered en bloc by unanimous consent are
considered as one amendment, and a single point of order against any
portion thereof renders the entire amendment subject to a point of
order. Deschler Ch 27 Sec. 27.5; 98-2, June 21, 1984, pp 17685-87.
Since an amendment against which a point of order will be sustained
should not be considered en bloc with other amendments, the Chair may
request a Member seeking unanimous consent to consider amendments en
bloc to withdraw his request when the manager of the bill indicates
his intention to raise a point of order against one of those
amendments. 96-1, June 27, 1979, pp 17029, 17030, 17069, 17070.
Consideration Pursuant to Special Rule
To expedite consideration of perfecting amendments to a bill, the
House may adopt a special rule permitting their consideration en bloc
in lieu of separate consideration in the order printed in the bill.
94-2, June 9, 1976, p 17064. Under such a special rule, the manager of
the bill may request en bloc consideration after the pending text is
read and unanimous consent is not required. 94-1, June 11, 1975, pp
18434, 18435. See also 95-1, Aug. 2, 1977, p 26172.
Voting
The en bloc consideration of amendments in Committee of the Whole
pursuant to a unanimous-consent request therein does not necessarily
result in an en bloc vote in the House, since that is merely an order
of the Committee and not binding on the House. Moreover, even
amendments considered en bloc pursuant to a special rule are subject
to a demand for a division of the question in the House if divisible,
unless prohibited by the rule. Deschler Ch 27 Sec. 27.15. See also 96-
1, Dec. 14, 1979, pp 36193, 36194.
``King of the Hill''
Special rules from the Committee on Rules may provide for the
consideration of two or more amendments under what is sometimes termed
a ``King of the Hill'' procedure. The special rule may provide that
such amendments be considered in a specified order and that if more
than one such amendment is adopted, only the last amendment so adopted
shall be considered as finally adopted and reported to the House. 102-
2, Feb. 27, 1992, p ____; 102-2, June 3, 1992, p ____.
``Top Vote Getter'' Rule
In the 104th Congress, several special rules were reported from
the Committee on Rules which permitted several alternative amendments
to be
[[Page 45]]
considered in a specified order with the one receiving the largest
majority being reported back to the House. See 104-1, Jan. 25, 1995, p
____.
Sec. 31 . Perfecting Amendments; Motions to Strike
Preference as Between Perfecting Amendments
There are no degrees of preference as between perfecting
amendments. Deschler Ch 27 Sec. 24.1. However, perfecting amendments
to a section are considered before amendments proposing to insert new
sections. 8 Cannon Sec. 2356; Deschler Ch 27 Sec. 24.2.
Preference as Between Perfecting Amendment and Motion to Strike
All perfecting amendments to a section of a bill must be disposed
of prior to the vote recurring on a pending motion to strike out the
section. Deschler Ch 27 Sec. 24.3; 90-1, Oct. 20, 1967, pp 29569-71;
93-1, July 26, 1973, pp 26120, 26122. After the first perfecting
amendment has been disposed of, another may be offered and the vote on
the motion to strike out is again deferred until the amendment is
disposed of. 91-1, Oct. 3, 1969, pp 28454, 28459, 28463. If the
perfecting amendment as adopted changes all the text proposed to be
stricken, the motion to strike necessarily falls and is not voted on.
Deschler Ch 27 Sec. 24.15; 95-2, June 21, 1978, p 18286. The principle
of perfecting text before considering an amendment striking it from
the bill is followed even where the motion to strike out is improperly
drafted as an amendment to an amendment. Deschler Ch 27 Sec. 24.12.
Sec. 32 . Substituting Amendments
Substitute Amendments
A substitute for an amendment is not voted on until after
amendments to the amendment have been disposed of. 8 Cannon Sec. 2895.
If the substitute is rejected, the amendment is open to further
amendment; if the substitute is adopted, the question recurs on the
amendment as amended by the substitute. Deschler Ch 27 Sec. 25.1.
Thus, where an amendment in the nature of a substitute to a bill is
amended by the adoption of a substitute therefor, the question recurs
on the amendment in the nature of a substitute, as amended. Deschler
Ch 27 Sec. 25.2. The defeat of the amendment as amended by the
substitute results in the rejection of the language included in the
substitute as amended. 93-1, June 26, 1973, p 21320.
Amendments in the Nature of a Substitute
An amendment in the nature of a substitute for a bill may be
proposed before perfecting amendments to the pending portion of the
original text
[[Page 46]]
have been offered or acted on, but may not be voted on until after
such perfecting amendments have been disposed of. 5 Hinds Sec. 5787; 8
Cannon Sec. 2896; Deschler Ch 27 Sec. 25. Thus, an amendment in the
nature of a substitute having been proposed, amendments to the portion
of the original text which has been read are in order and are voted on
before the question is taken on the substitute. 8 Cannon Sec. 2861.
Where a substitute--striking out all of the text and inserting new
matter--for an amendment in the nature of a substitute is adopted, the
vote recurs immediately on the amendment, as amended (91-2, Dec. 16,
1970, p 42032), and no further amendments to either proposition are in
order, since the original amendment has been changed in its entirety
by the substitute. Deschler Ch 27 Sec. 25.
Sec. 33 . Points of Order
Generally
Points of order may lie against amendments that do not conform to
established rules and practices. For example, an amendment may be
barred because it violates the rule against amendments in the third
degree (Sec. 14, supra), or because it violates the ``germaneness''
rule (see Germaneness of Amendments) or if it violates the prohibition
against inclusion of legislative provisions in appropriation bills
(see Appropriations). Points of order against amendments en bloc, see
Sec. 30, supra.
Reserving Points of Order
It is within the discretion of the Chair whether to permit a
reservation of a point of order against an amendment, how long such a
reservation can be maintained, or to dispose of the point of order
prior to debate on the amendment. 97-1, Oct. 14, 1981, pp 23882,
23884. If a point of order is reserved, the Chair, with the sufferance
of the Committee of the Whole, may permit debate by the proponent on
the merits of his amendment before hearing arguments on the point of
order. 97-1, May 12, 1981, pp 9320, 9323. The Chair then has the
discretion to insist that the point of order be made following debate
by the proponent of the amendment and prior to recognition of other
Members. 98-2, May 16, 1984, pp 12504-06, 12509-11. Of course, if the
point of order is made rather than reserved, the Member making the
point of order is immediately recognized for argument thereon, prior
to debate on the merits of the amendment.
Reservation as Inuring to Other Members
One Member's reservation of a point of order against an amendment
protects the rights of all Members to insist on points of order. 98-2,
June
[[Page 47]]
6, 1984, pp 15120-22. The reserving Member need not specify the basis
of his reservation. 93-1, July 19, 1973, pp 24950, 24951. The
reservation of the point of order inures to all Members, who may raise
other points of order before the intervention of further debate if the
original point of order is overruled or withdrawn. 92-2, June 22,
1972, p 22098.
Sec. 34 . -- Timeliness
Generally
A point of order against an amendment is properly made (or
reserved) immediately after the reading thereof (89-2, Mar. 29, 1966,
pp 7115, 7118; 92-1, Mar. 10, 1971, pp 5856-58; 94-1, July 8, 1975, p
21628), or following agreement to a unanimous-consent request that the
amendment be considered as read (92-2, Mar. 29, 1972, pp 10749-51).
And it should be disposed of before amendments to that amendment are
offered. 96-1, Mar. 21, 1979, pp 5779-82. Similarly, a point of order
against certain language should be decided prior to recognition of
another Member to offer an amendment to the challenged language. 89-2,
May 18, 1966, pp 10894-96.
Effect of Intervening Business
A Member must exercise due diligence in raising a point of order.
A point of order against an amendment is not entertained where
business, even the granting of a unanimous-consent request, has
intervened between the reading of the amendment and the making of the
point of order unless the intervening business is vacated. 91-1, June
24, 1969, p 17080. A point of order against an amendment has been held
to come too late after the reading thereof and after the Chair has
responded to a parliamentary inquiry from another Member. 91-1, Nov.
5, 1969, p 33133.
Effect of Debate on Amendment
A point of order against an amendment should be made or reserved
before the proponent of the amendment has been recognized to debate
the amendment. 95-2, Mar. 9, 1978, p 6286; 95-2, June 14, 1978, p
17626. It cannot be raised after the proponent of the amendment has
been recognized and has begun his explanation of the amendment. 91-1,
May 27, 1969, p 14074; 95-2, May 24, 1978, p 15332. The rereading of
the amendment by unanimous consent after there has been debate does
not permit the intervention of a point of order against the amendment.
92-1, Nov. 4, 1971, p 39302.
Although a point of order against an amendment ordinarily comes
too late if debate has begun thereon, the Chair has recognized a
Member to make or reserve a point of order against an amendment where
the Member
[[Page 48]]
raising the point was on his feet, seeking recognition, at the time
the amendment was read. 90-1, Sept. 26, 1967, p 26878; 91-1, July 30,
1969, p 21458; 98-2, May 24, 1984, p 14271. See also Deschler Ch 27
Sec. 1.
Points of Order Which May Be Made ``At Any Time''
Rule XXI clause 5(a) and clause 5(b) refer to points of order
which may be ``raised at any time.'' Clause 5(a) deals with
appropriations in bills reported by committees not having jurisdiction
to report appropriations and prohibits amendments carrying
appropriations during consideration of a bill reported from a
committee not having that jurisdiction. Clause 5(b) is aimed at tax or
tariff measures contained in a bill reported from a committee not
having that jurisdiction, or amendments of the Senate or amendments in
the House which are offered to a bill not reported therefrom. Points
of order under these rules must still be raised when the offending
bill or amendment is before the House for consideration. But
intervening debate or amendments will not preclude a proper point of
order from being cognizable by the Chair when raised during the
pendency of the amendment under the five-minute rule. 79-2, Mar. 18,
1946, p 2365; 94-1, Apr. 28, 1975, pp 12043, 12044. See also Points of
Order; Parliamentary Inquiries.
Sec. 35 . Debate on Amendments
When general debate is closed in the Committee of the Whole, any
Member is allowed five minutes' debate on an amendment he offers,
after which the Member who first obtains the floor has five minutes in
opposition. Rule XXIII clause 5. Manual Sec. 870. These time
limitations do not apply, of course, where the measure is called up
pursuant to a special rule which requires that a different period of
time be devoted to debate. See Consideration and Debate.
Where all time for debate on a section of a bill and amendments
thereto has expired, amendments may still be offered to the section,
but are voted on without debate, except in certain cases where a
Member has caused an amendment to be printed in the Record pursuant to
the House rules. Deschler Ch 27 Sec. 14.9. Limiting debate, see
Consideration and Debate.
Sec. 36 . Withdrawal of Amendment
In the Committee of the Whole
In the Committee of the Whole an amendment may not be withdrawn
except by unanimous consent. 5 Hinds Secs. 5221, 5753; 8 Cannon
Secs. 2465, 2859; Deschler Ch 27 Secs. 20.1 et seq. The House rules so
require. Rule XXIII clause 5(a). Manual Sec. 870. Thus, where a Member
has been recog-
[[Page 49]]
nized by the Chairman to offer an amendment and the amendment has been
reported by the Clerk, unanimous consent is required to withdraw the
amendment. Deschler Ch 27 Sec. 20.4; 102-1, June 19, 1991, p ____.
However, unanimous consent is not required to withdraw an amendment
which is at the Clerk's desk but which has not been offered by the
Member. Deschler Ch 27 Sec. 20.5.
Where a point of order is made or reserved against an amendment
and a unanimous-consent request is then made for the withdrawal of the
amendment, the Chair will first dispose of the unanimous-consent
request. 98-1, June 7, 1983, pp 14656, 14657.
The withdrawal of an amendment by unanimous consent does not
preclude its being subsequently reoffered, and unanimous consent is
not required to reoffer the amendment if otherwise in order. Deschler
Ch 27 Sec. 20.10.
In the House
Although unanimous consent to withdraw an amendment is required in
Committee of the Whole, in the House an amendment, whether simple or
in the nature of a substitute, may be withdrawn by the proponent at
any time before a decision is rendered thereon. 5 Hinds Sec. 5753;
Deschler Ch 27 Sec. 20; 93-1, June 26, 1973, pp 21305 et seq. The same
right to withdraw an amendment exists in the House as in Committee of
the Whole. Manual Sec. 777.
Sec. 37 . Modification of Amendment
The proponent of an amendment may modify or amend his own pending
amendment only by unanimous consent. Deschler Ch 27 Secs. 21.1-21.3;
92-2, Feb. 2, 1972, pp 2180-82; 99-1, Oct. 1, 1985, p 25453. However,
where there is pending an amendment and a substitute therefor, the
Member who offered the original amendment may also offer an amendment
to the substitute, as he is not thereby attempting to amend his own
amendment. Deschler Ch 27 Sec. 21.4.
The modification of a pending amendment by its proponent should be
offered before the amendment is voted on. 95-2, July 12, 1978, p
20480. However, in one instance, pending a request for a recorded vote
following a voice vote on an amendment, the Committee of the Whole, by
unanimous consent, vacated the Chair's putting of the question on the
amendment so as to permit its modification. Deschler Ch 27 Sec. 21.7.
The fact that a decision of the Chair is pending on a point of
order against an amendment does not necessarily preclude a request by
its proponent that it be modified. Deschler Ch 27 Sec. 21.6. However,
the Chair or
[[Page 50]]
any Member may insist that a proposed modification be submitted in
writing (Deschler Ch 27 Sec. 21.8; 95-2, Apr. 26, 1978, p 11637) and
read by the Clerk (96-1, Oct. 18, 1979, p 28808).
In the event of objection to a unanimous-consent request to modify
a pending amendment, any Member--other than the proponent of the
amendment--may offer a proper amendment in writing thereto. Deschler
Ch 27 Sec. 21.10. Indeed, a request to modify an amendment, when made
by a Member who is not the proponent thereof, is sometimes treated as
a motion to amend rather than as a unanimous-consent request. 99-1,
Dec. 5, 1985, pp 34730, 34731.
F. Effect of Adoption or Rejection; Changes After Adoption
Sec. 38 . In General; Effect of Adoption of Perfecting Amendment
Generally
It is fundamental that it is not in order to amend an amendment
previously agreed to. 8 Cannon Sec. 2856; Deschler Ch 27 Sec. 29.2;
89-2, Aug. 5, 1966, p 18411; 95-1, Sept. 23, 1977, p 30545. Once the
text of a bill has been perfected by amendment, the perfected text
cannot thereafter be amended. Deschler Ch 27 Sec. 29.8; 94-1, Oct. 9,
1975, p 32589. Likewise, when a perfecting amendment is agreed to,
further amendment of that amendment is not in order. 87-2, Apr. 18,
1962, p 6913. Similarly, the adoption of an amendment to a substitute
precludes further amendment to those portions of the substitute so
amended. 94-2, June 10, 1976, pp 17351, 17352.
However, in order for an amendment to be ruled out of order on the
ground that its substance has already been passed on by the House, the
language thereof must be practically identical to that of the
proposition already acted on. 5 Hinds Sec. 5760; 8 Cannon Sec. 2839;
Deschler Ch 27 Sec. 29.1. The precedents do not preclude the offering
of an amendment merely because it is similar to, or achieves the same
effect as, an amendment previously agreed to. 98-1, May 4, 1983, pp
11046, 11052, 11056, 11059. While it is not in order to reinsert
precise language stricken by amendment, an amendment similar but not
identical to the stricken language may be offered if germane to the
pending portion of the bill. A simple change in substance in the words
sought to be inserted, such as changing the word ``shall'' to ``may,''
allows the amendment to be offered. 96-1, Apr. 9, 1979, pp 7764, 7765.
[[Page 51]]
Effect of Inconsistency
The Chair will not rule out an amendment as being inconsistent
with an amendment previously adopted, as the consistency of amendments
is a question for the House to determine by its vote on the amendment.
Deschler Ch 27 Sec. 29.23. It follows that an amendment is not subject
to a point of order that its provisions are inconsistent with a
section of the bill already considered under the five-minute rule.
Deschler Ch 27 Sec. 29.25. And an amendment in the form of a new
section to the bill may be offered notwithstanding its possible
inconsistency with an amendment previously adopted. Deschler Ch 27
Sec. 29.26.
Amendments Negating Proposition Previously Adopted
While the Committee of the Whole may not amend a section of a bill
already passed during the reading, it may adopt an amendment to a
later section which has the effect of negating the provisions of the
earlier section. 90-1, Nov. 9, 1967, p 31893; 90-1, Nov. 13, 1967, p
32253. And while the Committee may not strike out or change an
amendment previously agreed to, it may consider a subsequent amendment
which contradicts a proposition previously agreed to. Deschler Ch 27
Sec. 29.20.
Changes Following Amended Text
The adoption of a perfecting amendment only precludes further
amendments changing the perfected text; amendments are in order which
add language to an unamended portion at the end of the amended text.
96-1, May 16, 1979, pp 11369, 11420. Likewise, the adoption of an
amendment inserting a new subsection in a bill does not preclude
consideration of another amendment inserting another new subsection
immediately thereafter which does not textually change the amendment
already agreed to. 94-2, Aug. 5, 1976, p 25776.
Amendments Changing More Comprehensive Portion of Pending Text
Although an amendment may not be offered to change only that
portion of the pending text which has been altered by amendment, a
further amendment changing a more comprehensive portion of the pending
text is in order. 95-2, May 1, 1978, p 11984. Thus, while it is not in
order to further amend an amendment previously agreed to, an amendment
encompassing a more comprehensive portion of the bill, including
original text not yet amended, is in order. 94-1, Apr. 23, 1975, p
11543; 96-1, May 2, 1979, p 9530. See also Deschler Ch 27 Sec. 29.9.
Similarly, it is in order to offer an amendment which strikes out
language changed by amendment as well as other matter and inserts
language which proposes substantive changes going beyond the
[[Page 52]]
original amendment (96-1, July 31, 1979, p 21615), or strikes out
matter not only in the amendment previously agreed to but also in
additional portions of the pending bill. 94-1, Aug. 1, 1975, p 26947;
94-2, Apr. 28, 1976, p 11599.
Effect of Special Rule
The general principle that an amendment may not be offered which
directly changes an amendment already agreed to does not apply where
the House has adopted a special rule permitting amendments to be
offered even if changing portions of amendments already agreed to.
Deschler Ch 27 Sec. 29.48.
Sec. 39 . Adoption of Amendment as Precluding Motions to Strike
It is not in order to offer an amendment merely striking out an
amendment previously agreed to. 94-1, Aug. 1, 1975, pp 26946, 26947.
For example, where by amendment a new paragraph or section has been
added to the text, it is not in order to offer an amendment that
merely strikes out that new paragraph or section. Deschler Ch 27
Sec. 30.10; 94-1, Apr. 23, 1975, p 11550.
On the other hand, the adoption of a perfecting amendment to a
portion of the text of a bill does not preclude a vote on a pending
motion to strike out the entire text as amended. Deschler Ch 27
Sec. 30.4. Similarly, although a provision inserted by amendment may
not thereafter be stricken, a motion to strike more than the provision
previously inserted is in order. 86-2, June 22, 1960, pp 13874-80; 94-
1, Apr. 23, 1975, p 11536; 94-1, Oct. 30, 1975, p 34415; see also
Deschler Ch 27 Sec. 30.7.
While the adoption of an amendment changing all the text of a
section precludes a vote on a pending motion to strike out that
section, the motion to strike will still be voted on where the
perfecting amendment to the section changes some but not all of that
text. Deschler Ch 27 Sec. 30.3. However, in this situation another
perfecting amendment to strike out the remainder of the section not
yet perfected may be offered and voted on prior to the motion to
strike the entire section and, if adopted, the motion to strike the
section would then fall, the whole text having been changed. 94-1,
Sept. 29, 1975, pp 30772, 30773.
The adoption of a perfecting amendment to part of a section does
not preclude a motion to strike out the section and insert new text.
Deschler Ch 27 Sec. 30.12. Similarly, the adoption of a perfecting
amendment inserting language at the end of a paragraph does not
preclude an amendment striking the entire perfected paragraph and
inserting new language. Deschler Ch 27 Sec. 30.15. But where a bill is
being read by sections, and committee amend-
[[Page 53]]
ments adding new sections at the end of a bill have been adopted, an
amendment proposing to strike out a section of the original bill and
the new sections is not in order. 92-1, Mar. 10, 1971, pp 5856-58.
Sec. 40 . Effect of Adoption of Motions to Strike
Adoption of Motion to Strike Out
A motion to strike a section of a bill, if adopted by the
Committee of the Whole, strikes the entire section including a
provision that was added as a perfecting amendment to that section.
Adoption by the Committee of the amendment striking out the section
vitiates the Committee's prior adoption of perfecting amendments to
that section, and only the motion to strike out is reported to the
House. Deschler Ch 27 Secs. 31.1, 31.2. The bill returns to the form
as originally introduced upon rejection by the House of the amendment
reported from Committee. Deschler Ch 27 Sec. 31.3. Where an amendment
has been adopted striking out language in a bill, a perfecting
amendment to the stricken language comes too late and is not in order.
Deschler Ch 27 Sec. 31.9. Thus, where the Committee of the Whole has
adopted an amendment striking out several consecutive paragraphs in a
bill, an amendment proposing to insert language in a paragraph which
had been stricken comes too late. 93-1, July 16, 1973, pp 23970,
23983, 23984.
While it is not in order to reinsert precise language stricken by
amendment, an amendment similar but not identical to the stricken
language may be offered if germane to the pending portion of the bill.
Deschler Ch 27 Sec. 31.6.
Adoption of Motion to Strike Out and Insert
If an amendment to strike out a portion of a bill and insert new
language is agreed to, a pending amendment proposing to strike out the
same portion falls and is not voted on. Deschler Ch 27 Secs. 31.11,
31.12; 96-1, Oct. 23, 1979, pp 29185, 29187. And when an amendment
striking out certain language and inserting other provisions has been
adopted, it is not in order to further amend the provisions so
inserted. Deschler Ch 27 Sec. 31.14; 87-1, May 16, 1961, pp 8117,
8120; 87-1, June 22, 1961, pp 11093-98, 11100-03.
The adoption of a perfecting amendment to strike out and insert
does not preclude the offering of another amendment to strike out and
insert which goes beyond the changes made by the first amendment.
Deschler Ch 27 Sec. 31.18. Similarly, while it is not in order to
perfect or reinsert language which has been stricken, an amendment may
be offered to insert new language if it is germane to the bill and not
identical to the language stricken.
[[Page 54]]
94-2, Sept. 2, 1976, p 28958. However, if a motion to strike out all
after the first word of text and insert a new provision is agreed to,
the language thus inserted cannot thereafter be amended. 88-2, Feb. 7,
1964, p 2489.
Sec. 41 . Adoption of Amendment in Nature of Substitute
Where an amendment in the nature of a substitute is agreed to,
further amendment is not in order. 88-2, Aug. 7, 1964, p 18608; see
also Deschler Ch 27 Secs. 32.1, 32.2. Since the stage of amendment is
passed, further amendments, including pro forma amendments for debate,
are not in order. 95-1, May 13, 1977, p 14622. Thus, absent a special
rule to the contrary, the adoption of an amendment in the nature of a
substitute precludes the offering of another. Deschler Ch 27
Sec. 32.4. Debate having been closed, adoption of the amendment causes
the stage of amendment to be passed and amendments--though printed in
the Congressional Record--cannot thereafter be offered to the bill.
Deschler Ch 27 Sec. 32.3.
The adoption of an amendment in the nature of a substitute, as
amended by a substitute, precludes further amendment to the amendment
and to the bill. Deschler Ch 27 Sec. 32.8. When the substitute is
agreed to, the question recurs immediately on the amendment as amended
by the substitute, and further perfecting amendments to the amendment
(including ``pro forma'' amendments) are not then in order. 94-2, Feb.
5, 1976, p 2649; 96-2, Feb. 25, 1980, p 3628.
Sec. 42 . Amendments Pertaining to Monetary Figures
When a specific amendment to a monetary figure in a bill has been
agreed to, further amendment of that specific sum is not in order.
Deschler Ch 27 Secs. 33.1-33.3. The adoption of an amendment changing
a figure in a bill precludes the offering of a subsequent amendment
further changing that figure. 99-1, July 17, 1985, p 19444; 99-1, July
18, 1985, pp 19648, 19649, 19652; 104-1, Mar. 15, 16, 1995, p ____.
However, an amendment inserted following the figure agreed upon and
providing funds ``in addition thereto'' is in order. Deschler Ch 27
Sec. 33.13. An amendment adding a new section having the indirect
affect of changing amended amounts in the bill may also be in order.
99-1, July 31, 1985, p 21911.
Where the Committee of the Whole has adopted an amendment changing
the total figure in a paragraph of an appropriation bill, it is not in
order to further amend such figure. Deschler Ch 27 Sec. 33.9.
Although it is not in order to offer an amendment merely changing
an amendment already adopted, it is in order to offer a subsequent
amendment more comprehensive than the amendment adopted, changing
unamended
[[Page 55]]
portions of the bill as well. Deschler Ch 27 Sec. 33.7 (note). Thus,
after adoption of amendments changing monetary figures in a bill, an
amendment making a general percentage reduction in all figures
contained in the bill and indirectly affecting those figures, is still
in order. Deschler Ch 27 Sec. 33.10. Likewise, the adoption of a
perfecting amendment to a concurrent resolution on the budget changing
several figures would preclude further amendment merely changing those
amended figures but would not preclude more comprehensive amendments
changing other portions of the resolution which had not been amended.
95-1, Apr. 27, 1977, p 12485.
Although it may be in order to offer an amendment to the pending
portion of the bill that changes not only a provision already amended
but also an unamended pending portion of the bill, it is not in order
merely to amend a figure already amended. Manual Sec. 469. Even if the
amendment also changes other matter not already amended, where it is
drafted as though the earlier amendment had not been adopted, it is
still out of order. 104-1, Mar. 15, 1995, p ____.
Sec. 43 . Effecting Changes by Unanimous Consent
By unanimous consent, it is in order to amend an amendment which
has already been agreed to. Deschler Ch 27 Sec. 34.1. For example, the
Committee of the Whole may by unanimous consent:
Permit consideration of amendments to change amendments
already adopted. 98-2, June 28, 1984, p 19948.
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. 96-2,
Jan. 29, 1980, pp 958-60.
In one instance, the Committee of the Whole by unanimous consent
vacated the proceedings whereby it had agreed to an amendment, agreed
to an amendment to that amendment, and then adopted the original
amendment as amended. Deschler Ch 27 Sec. 34.2.
Sec. 44 . Amendments Previously Considered and Rejected
Generally
It is not in order to offer an amendment identical to one
previously rejected. Deschler Ch 27 Secs. 35.1, 35.2. However, an
amendment that raises the same question by the use of different
language may be admissible.
[[Page 56]]
Deschler Ch 27 Sec. 35. An amendment similar but not identical thereto
may be considered (Deschler Ch 27 Sec. 35.4) if a substantive change
has been made (Deschler Ch 27 Sec. 35.3). Rejection of an amendment
changing a figure in a bill does not preclude the offering of a
different amendment to that provision. 97-1, Nov. 18, 1981, p 28048.
An amendment in different form may be entertained even though its
effect may be similar to that of the rejected amendment. Deschler Ch
27 Secs. 35.11, 35.13. See also 86-2, Mar. 21, 1960, p 6159; 90-1,
July 19, 1967, pp 19418, 19423; 94-1, Sept. 23, 1975, p 29841. Thus,
in one instance, after an amendment containing a limitation on the use
of funds in an appropriation bill had been rejected, the Chair held
that another amendment--containing a similar limitation and also
stating an exception from that limitation--was not an identical
amendment and could be offered. Deschler Ch 27 Sec. 35.18. Presiding
officers have been reluctant to rule out an amendment as dilatory
merely because of a similarity to one previously rejected. Deschler Ch
27 Sec. 35.7.
A motion offered as a substitute for an amendment and rejected may
be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8.
And a proposition offered as an amendment to an amendment and rejected
may be offered again, in identical form, as an amendment to the bill.
Deschler Ch 27 Sec. 35.9.
A portion of a rejected amendment may be subsequently offered as a
separate amendment if presenting a different proposition. Thus,
rejection of an amendment consisting of two sections does not preclude
one of those sections being subsequently offered as a separate
amendment. 97-1, July 15, 1981, p 15899.
Rejection of Motion to Strike
A motion to strike out certain language having been previously
rejected, it may not be offered a second time. Deschler Ch 27
Sec. 35.22. But a motion to strike out that language and insert a new
provision is in order. Deschler Ch 27 Sec. 35.23. Conversely, if the
motion to strike out and insert is rejected, the simple motion to
strike out is in order. Deschler Ch 27 Sec. 35.11.
Rejection of En Bloc Amendments
Rejection of several amendments considered en bloc by unanimous
consent does not preclude their being offered separately at a
subsequent time. Deschler Ch 27 Sec. 35.15. It follows that where an
amendment to a figure in a bill considered en bloc with other
amendments has been rejected, no point of order lies against a
subsequent amendment to that figure which specifies
[[Page 57]]
a different amount and which is offered as a separate amendment. 95-2,
Aug. 7, 1978, p 24702.
G. House Consideration of Amendments Reported From Committee of the
Whole
Sec. 45 . In General; Voting
Generally
Only amendments adopted in the Committee of the Whole are reported
to the House; and all amendments so reported stand on an equal footing
and must be voted on by the House (4 Hinds Sec. 4871), notwithstanding
inconsistencies among them (4 Hinds Sec. 4881), and are subject to
amendment in the House unless the previous question is ordered (8
Cannon Sec. 2419). Where it is in order to submit additional
amendments to the pending bill, the first question is on the
amendments reported from the Committee of the Whole. 4 Hinds
Sec. 4872.
Kinds of Amendments Reported to the House
Some amendments adopted in the Committee are not reported to the
House. Pursuant to a practice originating in the Nineteenth Congress,
the Committee reports amendments only in their perfected form. 4 Hinds
Sec. 4904; Deschler Ch 27 Secs. 36.1 et seq. Thus, if the Committee of
the Whole perfects a bill by adopting certain amendments and then
adopts an amendment striking out those provisions and inserting a new
text, only the bill, as amended by the motion to strike out and
insert, is reported to the House. Deschler Ch 27 Secs. 36.5, 36.13.
Similarly, the adoption by the Committee of an amendment striking out
a section of a bill vitiates the Committee's prior adoption of
perfecting amendments to that section, so that only the motion to
strike out is reported to the House. 93-2, Feb. 5, 1974, pp 2078,
2079. But when the bill is being considered under a special rule
permitting separate consideration in the House of any amendments
adopted in the Committee, all amendments adopted in the Committee are
reported to the House, regardless of their inconsistency. Deschler Ch
27 Sec. 36.13.
Demanding a Separate Vote
While it is a frequent practice for the House by unanimous
consent, to act at once--en grosse--on all the amendments to a bill
reported from the Committee of the Whole, it is the right of any
Member to demand a separate vote on any reported first degree
amendment. 4 Hinds Secs. 4893, 4894; 8 Cannon Sec. 2419. However, in
the absence of a special rule providing there-
[[Page 58]]
for, a separate vote may not be had in the House on an amendment to an
amendment which has been adopted by the Committee of the Whole.
Deschler Ch 27 Sec. 36.6; 90-1, Sept. 12, 1967, p 25228; 90-2, July
16, 1968, p 21545. This principle precludes a separate vote in the
House on an amendment to an amendment in the nature of a substitute
adopted in the Committee. Deschler Ch 27 Sec. 36.8; 90-1, Oct. 18,
1967, p 29317. Since the Committee in reporting a bill with an
amendment to the House reports such amendment in its perfected form,
it is not in order in the House to have a separate vote upon each
perfecting amendment to the amendment that has been agreed to in the
Committee absent a special rule providing to the contrary. Deschler Ch
27 Sec. 36.
A special rule may, of course, provide for separate votes on
second-degree amendments. Deschler Ch 27 Sec. 36. But where separate
votes are permitted, only those amendments reported to the House from
the Committee of the Whole are voted on; it is not in order to demand
a separate vote in the House on amendments rejected in the Committee.
Deschler Ch 27 Sec. 36.12. The House theoretically has no information
as to actions of the Committee of the Whole on amendments not reported
therefrom. Deschler Ch 27 Sec. 36.
Where a special rule permits a demand in the House for a separate
vote on an amendment adopted to an amendment in the nature of a
substitute for a bill reported from the Committee of the Whole, the
Speaker inquires whether a separate vote is demanded before putting
the question on the amendment in the nature of a substitute. Deschler
Ch 27 Sec. 36.14. A Member must demand the separate vote before the
question is taken on the substitute. Deschler Ch 27 Sec. 36.18. A
demand in the House for a separate vote on an amendment to the
amendment comes too late after the amendment, as amended, has been
agreed to. Deschler Ch 27 Sec. 36.19.
En Bloc Amendments
Where the Committee of the Whole reports a bill back to the House
with amendments, some of which were considered en bloc pursuant to a
special rule, the en bloc amendments may be voted on again en bloc on
a demand for a separate vote. Deschler Ch 27 Sec. 36.27. A separate
vote being demanded, the Chair puts the question separately on the
amendments en bloc in the House, where no Member demands a division of
the question. 96-1, Mar. 29, 1979, pp 6810, 6819. But another
amendment separately considered in Committee may not be voted on with
the en bloc amendments in the House (absent unanimous consent).
Deschler Ch 27 Sec. 36.27.
Division of an amendment for voting, see Voting.
[[Page 59]]
Order of Consideration
When demand is made for separate votes in the House on several
amendments adopted in the Committee of the Whole, such amendments are
read and voted on in the House in the order in which they appear in
the bill as reported from the Committee of the Whole--not in the order
in which agreed to in Committee or in which demanded in the House.
Deschler Ch 27 Secs. 36.16, 37.1. See also 93-1, July 19, 1973, pp
24959, 24965, 24966; 94-2, June 24, 1976, p 20424.
When a special rule provides for a separate vote on an amendment
to an amendment in the nature of a substitute reported from the
Committee of the Whole, the vote first recurs on the amendment on
which the separate vote is demanded. Deschler Ch 27 Sec. 37.6. The
Speaker puts the question first on those amendments on which a
separate vote is demanded, then on the amendment, as amended. See 89-
2, Oct. 6, 1966, pp 25585-87. But where a special rule prescribes the
order for consideration of amendments (with the bill being considered
as read) in the Committee of the Whole, then separate votes demanded
in the House on adopted amendments are taken in that same order,
regardless of the order in which the amendments may appear in the
bill. 103-1, Mar. 11, 1993, p ____; 103-1, Mar. 25, 1993, p ____.
Sec. 46 . Effect of Rejection of Amendment
Generally
When the House rejects an amendment adopted in the Committee of
the Whole, the original text of the bill is before the House. Deschler
Ch 27 Sec. 38.1. Thus, if an amendment in the nature of a substitute
is reported from the Committee of the Whole and rejected by the House,
the original bill is before the House. Deschler Ch 27 Sec. 38.5.
Similarly, if an amendment striking out and inserting is reported from
the Committee of the Whole and rejected by the House, the language of
the original bill is before the House. Deschler Ch 27 Sec. 38.12; 95-
2, Aug. 2, 1978, p 23955.
Rejection of Motion to Strike Out
Where the Committee of the Whole adopts perfecting amendments to
language of a bill and then agrees to an amendment striking out that
language, only the latter amendment is reported to the House, and in
the event of its rejection in the House the original language, and not
the perfected text, is before the House. Deschler Ch 37 Secs. 38.3,
38.8. However, the practice may be otherwise where the House is
operating under a special rule allowing separate votes in the House on
any amendment adopted in the
[[Page 60]]
Committee of the Whole. As indicated elsewhere (Sec. 45, supra), under
such a rule all amendments adopted in Committee to the amendment are
reported to the House regardless of their inconsistency; and the House
may retain a section as perfected in Committee of the Whole by first
adopting on separate votes the perfecting amendments to the section
and then rejecting on a separate vote the motion to strike that
section. Deschler Ch 27 Sec. 38.11 (note).
Sec. 47 . Motions to Recommit With Instructions Pertaining to
Amendments
The House may recommit a bill to committee with instructions to
report it back ``forthwith'' with an amendment. 5 Hinds Sec. 5545; 88-
1, Dec. 16, 1963, pp 24757-59; 89-2, June 1, 1966, p 11905. In such
cases the chairman of the committee reports the amendment at once
without awaiting committee action. 5 Hinds Secs. 5545-5547.
Instructions to report ``forthwith'' accompanying a motion to recommit
must be complied with immediately. 87-1, Sept. 13, 1961, p 19208.
However, it is not in order to propose as instructions anything that
might not be proposed directly as an amendment (5 Hinds Secs. 5529-
5541; 8 Cannon Sec. 2705), such as to eliminate an amendment already
adopted by the House (8 Cannon Sec. 2712), to propose an amendment
that is not germane to the bill (102-2, Sept. 23, 1992, p ____), or to
propose an amendment containing legislation or a limitation on a
general appropriation bill (94-2, Sept. 1, 1976, pp 28883-84; 101-1,
Aug. 1, 3, 1989, pp ____).
A motion to recommit may not include instructions to modify any
part of an amendment previously agreed to by the House. 8 Cannon
Secs. 2720, 2721, 2740; Deschler Ch 27 Sec. 32.5. However, where a
bill is being considered under a special rule permitting a motion to
recommit ``with or without instructions,'' a motion to recommit may
include an amendment which changes an amendment already adopted by the
House (94-2, May 12, 1976, p 13537), even where the House has adopted
an amendment in the nature of a substitute (89-1, Sept. 29, 1965, p
25438). Generally, see Refer and Recommit.
The rejection of an amendment in the Committee of the Whole does
not preclude the offering of the same amendment in the House in a
motion to recommit with instructions. Deschler Ch 27 Sec. 35.27.
[[Page 61]]
H. Amendments to Titles and Preambles
Sec. 48 . In General
Amending Titles
Amendments to the title of a bill are not in order until after
passage of the bill, and are then voted upon without debate. Deschler
Ch 24 Sec. 9.4; Deschler Ch 27 Sec. 19.1. Under Rule XIX (Manual
Sec. 822), the title of a bill can only be amended after the bill has
been passed, and an amendment in Committee of the Whole proposing an
amendment to the title is not in order. Deschler Ch 27 Sec. 19.4.
Committee amendments to the title of a bill are automatically reported
by the Clerk after passage of the bill, although an amendment to a
committee amendment to the title may be offered from the floor.
Deschler Ch 27 Sec. 19.6. See also 88-2, Jan. 21, 1964, p 759.
Amending Preambles of Joint Resolutions
In the Committee of the Whole, amendments to the preamble of a
joint resolution are considered following disposition of any
amendments to the text. Deschler Ch 27 Sec. 19.7. That is, the body of
the resolution is first considered and then the preamble is considered
and perfected. 87-2, Oct. 5, 1962, p 22637. See also Deschler Ch 27
Sec. 19.8. In the House, an amendment to the preamble of a joint
resolution reported from Committee of the Whole is considered
following engrossment and prior to the third reading of the
resolution. 4 Hinds Sec. 3414; Deschler Ch 27 Sec. 19.9. See also 89-
2, Oct. 7, 1966, p 25684.
An amendment to the preamble of a Senate joint resolution is
considered after disposition of amendments to the text of the joint
resolution and pending the third reading. 97-1, Nov. 19, 1981, pp
28208, 28209.
Amending Preambles of Simple or Concurrent Resolutions
Amendments to the preamble of a simple or concurrent resolution
are considered and voted on in the Committee of the Whole after
amendments to the body of the resolution. Amendments to the preamble
of such a resolution are voted on in the House after the resolution
has been adopted. Deschler Ch 27 Secs. 19.11-19.13. See also 7 Cannon
Sec. 1064. In the House, the previous question is ordered separately
on the preamble after adoption of the resolution if amendments to the
preamble are offered. Deschler Ch 24 Sec. 9.9.
[[Page 62]]
I. Amendments Containing Unfunded Mandates
Sec. 49 . In General
In the 104th Congress, Public Law No. 104-4 added new sections 425
and 426 of the Congressional Budget Act to permit points of order
against amendments increasing the direct costs of federal
intergovernmental mandates by an amount exceeding certain thresholds.
Those points of order against amendments are debatable for 20 minutes
and are thereafter disposed of, not by a ruling of the Chair, but by a
vote of the House or Committee of the Whole when the Chair states the
question of consideration on the amendment. Notwithstanding this
provision, it is always in order, unless specifically waived by terms
of a special rule, to move to strike any such federal mandate from the
portion of the bill then open to amendment. Rule XXIII clause 5(c).
[[Page 63]]
APPEALS
Sec. 1. In General; Forms
Sec. 2. When in Order
Sec. 3. When Not in Order
Sec. 4. Debate on Appeal
Sec. 5. Motions
Sec. 6. Withdrawal
Sec. 7. Effect of Adjournment
Research References
5 Hinds Secs. 6877, 6938-6952
8 Cannon Secs. 3435, 3452-3458
Manual Secs. 379, 624, 628, 637, 753, 803, 900
Sec. 1 . In General; Forms
The right to appeal from a decision of the Chair on a question of
order is derived from the English Parliament (Manual Sec. 379) and is
recognized under a rule (Rule I clause 4) of the House dating from
1789. Manual Sec. 624. This right of appeal, which may be invoked by
any Member, protects the House against arbitrary control by the
Speaker. 5 Hinds Sec. 6002.
Member: I respectfully appeal from the decision of the Chair.
Chair: The question is, shall the decision of the Chair stand as
the judgment of the House [or the Committee]?
An appeal is debatable but is subject to the motions for the
previous question or to table in the House. Secs. 4, 5, infra. The
vote on the appeal may be taken by roll call. 98-2, June 26, 1984, p
18861. A majority vote sustains the ruling appealed from (101-1, Aug.
1, 1989, p ____), and the weight of precedent indicates that a tie
vote (especially where the Chair has not voted to make the tie) does
as well. (4 Hinds Sec. 4569; see also 5 Hinds Sec. 6957). The Chair
may vote to make or break a tie (4 Hinds Sec. 4569; 5 Hinds Sec. 5686)
and may cast a vote in favor of his own decision (5 Hinds Sec. 6956).
An appeal from a ruling of the Chair goes only to the propriety of
the ruling; the vote thereon should not be interpreted as a vote on
the merits of the issue at hand. 102-1, June 26, 1991, p ____.
[[Page 64]]
Sec. 2 . When in Order
The right of appeal from decisions of the Speaker on questions of
order is specifically provided for by the House rules (Rule I clause
4). An appeal may also be taken from the ruling of the Chairman of the
Committee of the Whole on a question of order. 8 Cannon Secs. 3454,
3455; 95-1, June 7, 1977, p 17714; 96-1, May 16, 1979, p 1172. For
example, an appeal may be taken from a ruling of the Chair on the
germaneness of an amendment (98-2, June 26, 1984, p 18861) and has
been entertained on the question of whether a certain motion or
resolution gives rise to a question of privilege (99-1, Apr. 25, 1985,
p 9419; 104-1, Feb. 7, 1995, p ____). Decisions relating to the
priority of business are also subject to appeal. 5 Hinds Sec. 6952. It
has been held that an appeal is in order during a call of the House. 6
Cannon Sec. 681.
Sec. 3 . When Not in Order
The Speaker's decision on a question of order is not subject to an
appeal if the decision is one which falls within the discretionary
authority of the Chair. Rulings on questions involving vote counts,
for example, traditionally fall within this category. Thus, the
Chair's count of Members standing to support a demand for a recorded
vote under Rule I clause 5 is not subject to challenge by appeal (94-
2, June 24, 1976, p 20391). No appeal lies from the Speaker's count of
the House to determine whether one-fifth of those Members present have
risen to order the yeas and nays (95-2, Sept. 12, 1978, p 28949), from
the Chair's call of a voice vote, or from the Chair's count of a
quorum (93-2, July 24, 1974, p 25012).
Similarly, because the Chair is exercising discretionary
authority, no appeal lies from:
Responses to parliamentary inquiries. 5 Hinds Sec. 6955; 8
Cannon Sec. 3457.
Decisions on recognition. 2 Hinds Secs. 1425-1428; 8 Cannon
Secs. 2429, 2646, 2762; 102-2, Feb. 27, 1992, p ____.
Decisions on dilatoriness of motions. 5 Hinds Sec. 5731;
Manual Sec. 803.
Decisions refusing a recapitulation of a vote. 8 Cannon
Sec. 3128.
An appeal from a ruling of the Chair declining to consider the
question of the constitutionality of a provision is not in order. The
question of the constitutionality of a provision in a pending measure
is a matter for the House to determine by its vote on the merits,
rather than by voting on a possible appeal from the Chair's decision
declining to rule on that constitutional issue. 93-1, May 10, 1973, pp
15290, 15291.
[[Page 65]]
Appeals Changing a House Rule
An appeal from a ruling of the Chair is not in order if the effect
of the appeal, if sustained, would be to change a rule of the House,
the operative rule allowing the Chair no discretionary or interpretive
authority. Thus, the Speaker's refusal under Rule XV clause 6(e) to
entertain a point of order of no quorum when a pending question has
not been put to a vote is not subject to an appeal, since that rule
contains an absolute and unambiguous prohibition against such a point
of order; to allow an appeal in such a case would permit a direct
change in the rule itself. 95-1, Sept. 16, 1977, p 29594.
Untimely Appeals
An appeal is not in order if it is dilatory (8 Cannon Sec. 2822)
or if it is untimely. An appeal is not in order:
While another appeal is pending. 5 Hinds Secs. 6939-6941.
On a question on which an appeal has just been decided. 4
Hinds Sec. 3036; 5 Hinds Sec. 6877.
During a call of the yeas and nays. 5 Hinds Sec. 6051.
Between the motion to adjourn and vote thereon. 5 Hinds
Sec. 5361.
Sec. 4 . Debate on Appeal
Appeals are customarily subject to debate, both in the House and
the Committee of the Whole (8 Cannon Secs. 3453-3455), with
recognition being at the discretion of the Chair (8 Cannon Sec. 2347).
However, debate is not in order on an appeal from a ruling of the
Chair on the priority of business (5 Hinds Sec. 6952) or on a ruling
as to the relevancy of discussion on the floor (5 Hinds Secs. 5056-
5063).
Debate in the House on an appeal is under the hour rule, but may
be closed at any time by the adoption of a motion for the previous
question or to lay on the table. Manual Sec. 628. Debate on an appeal
in the Committee of the Whole is under the five-minute rule (8 Cannon
Secs. 2347, 3454, 3455), and may be closed by motion to close debate
or to rise and report. 5 Hinds Secs. 6947, 6950; 8 Cannon Sec. 3453.
Members may speak but once on appeal, unless by permission of the
House (Manual Sec. 624), the Chair alternating between those favoring
and those opposing. 8 Cannon Sec. 3455.
It is not in order in debating an appeal to discuss the merits of
the proposition under consideration at the time the decision was made.
5 Hinds Sec. 5055.
[[Page 66]]
Sec. 5 . Motions
After argument is heard on an appeal, a motion to lay the appeal
on the table is in order. If the motion is adopted, the appeal is
disposed of adversely (92-1, July 7, 1971, p 23810) and the ruling of
the Speaker is sustained. 102-2, June 16, 1992, p ____. Thus, an
appeal from the Speaker's decision--that a resolution did not present
a question of the privileges of the House--has been laid on the table.
93-2, June 27, 1974, pp 21596-98. And the House has tabled a motion to
reconsider the vote whereby an appeal from a decision of the Chair was
laid on the table. 90-2, Oct. 8, 1968, pp 30214-16. An appeal in
Committee of the Whole may not be laid on the table, since that motion
does not lie in the Committee. 4 Hinds Sec. 4719.
Other motions that may be offered pending an appeal include:
A motion to postpone the appeal to a day certain (in the
House). 8 Cannon Sec. 2613.
A motion for the previous question (in the House). 5 Hinds
Sec. 6947.
A motion to close or limit debate (in the Committee of the
Whole). 5 Hinds Secs. 6947, 6950.
A motion that the Committee rise and report to the House. 8
Cannon Sec. 3453.
Sec. 6 . Withdrawal
An appeal may be withdrawn at any time before action thereon by
the House. 5 Hinds Sec. 5354. An appeal can be withdrawn before the
question is put on a motion to lay the appeal on the table. See 90-1,
Nov. 28, 1967, p 34032. Ordering the yeas and nays on a motion to lay
an appeal on the table has been held sufficient House action as to
preclude withdrawal. 5 Hinds Sec. 5354.
Sec. 7 . Effect of Adjournment
An appeal pending at adjournment at the end of the day ordinarily
comes up for consideration on the next legislative day. 5 Hinds
Sec. 6945. However, an appeal pending at adjournment on a day set
apart for Private Calendar business and related to private business
goes over to the next day provided for consideration of business on
the Private Calendar. Where the House has adjourned and reconvened to
meet again on the same calendar day and the call of the Private
Calendar is still in order, the appeal comes up as unfinished
business. See 97-1, Nov. 17, 1981, pp 27772, 27773.
[[Page 67]]
APPROPRIATIONS
I. Introductory
Sec. 1. In General; Constitutional Background
Sec. 2. Power to Originate Appropriation Bills; House and Senate
Roles
Sec. 3. Definitions; Kinds of Appropriation Measures
Sec. 4. Committee and Administrative Expenses
Sec. 5. Authorization, Appropriation, and Budget Processes
Distinguished
II. General Appropriation Bills
A. Introductory
Sec. 6. Background; What Constitutes a General Appropriation Bill
Sec. 7. The Restrictions of Rule XXI Clause 2
Sec. 8. Committee Jurisdiction and Functions
Sec. 9. Duration of Appropriation
B. Authorization of Appropriation
Sec. 10. In General; Necessity of Authorization
Sec. 11. Duration of Authorization
Sec. 12. Sufficiency of Authorization
Sec. 13. Proof of Authorization; Burden of Proof
Sec. 14. Increasing Budget Authority
C. Authorization for Particular Purposes or Programs
Sec. 15. In General
Sec. 16. Agricultural Programs
Sec. 17. Programs Relating to Business or Commerce
Sec. 18. Defense Programs
Sec. 19. Funding for the District of Columbia
Sec. 20. Interior or Environmental Programs
Sec. 21. Programs Relating to Foreign Affairs
Sec. 22. Legislative Branch Funding
Sec. 23. Salaries and Related Benefits
D. Authorization for Public Works
Sec. 24. In General
[[Page 68]]
Sec. 25. Works in Progress
Sec. 26. -- What Constitutes a Work in Progress
III. Legislation in General Appropriation Bills; Provisions Changing
Existing Law
A. Generally
Sec. 27. The Restrictions of Rule XXI Clause 2
Sec. 28. Changing Existing Law by Amendment, Enactment, or Repeal;
Waivers
Sec. 29. Imposing Contingencies and Conditions
Sec. 30. -- Conditions Requiring Reports to, or Action by, Congress
Sec. 31. -- Conditions Imposing Additional Duties
Sec. 32. Language Describing, Construing, or Referring to Existing Law
Sec. 33. Particular Propositions as Legislation
B. Changing Prescribed Funding
Sec. 34. In General
Sec. 35. Affecting Funds in Other Acts
Sec. 36. Transfer of Funds-- Within Same Bill
Sec. 37. -- Transfer of Previously Appropriated Funds
Sec. 38. Making Funds Available Prior to, or Beyond, Authorized Period
Sec. 39. Funds ``To Remain Available Until Expended''
Sec. 40. Reimbursements of Appropriated Funds
C. Changing Executive Duties or Authority
Sec. 41. In General; Requiring Duties or Determinations
Sec. 42. Burden of Proof
Sec. 43. Altering Executive Authority or Discretion
Sec. 44. Mandating Studies or Investigations
Sec. 45. Granting or Changing Contract Authority
D. The Holman Rule; Retrenchments
Sec. 46. In General; Retrenchment of Expenditures
Sec. 47. Germaneness Requirements; Application to Funds in Other Bills
Sec. 48. Reporting Retrenchment Provisions
Sec. 49. Floor Consideration; Who May Offer
[[Page 69]]
IV. Limitations on General Appropriation Bills
Sec. 50. In General; When in Order
Sec. 51. Limitations on Amount Appropriated
Sec. 52. Limitations on Particular Uses
Sec. 53. Interference With Executive Discretion
Sec. 54. Imposing Duties or Requiring Determinations
Sec. 55. -- Duties Relating to Construction or Implementation of Law
Sec. 56. Conditional Limitations
Sec. 57. Exceptions to Limitations
Sec. 58. Limitations as to Recipients of Funds
Sec. 59. Limitations on Funds in Other Acts
V. Reappropriations
Sec. 60. In General
VI. Reporting; Consideration and Debate
A. Generally
Sec. 61. Privileged Status; Voting
Sec. 62. When Bills May Be Considered
Sec. 63. Debate; Consideration of Amendments
Sec. 64. -- Limitation Amendments; Retrenchments
Sec. 65. Points of Order-- Reserving Points of Order
Sec. 66. -- Timeliness
Sec. 67. -- Points of Order Against Particular Provisions
Sec. 68. -- Waiving Points of Order
Sec. 69. Amending Language Permitted to Remain
B. Senate Amendments
Sec. 70. In General
Sec. 71. Authority of Conference Managers
VII. Nonprivileged Appropriation Measures
Sec. 72. In General; Continuing Appropriations
Sec. 73. Supplemental Appropriations
Sec. 74. Appropriations for a Single Agency
Sec. 75. Consideration
[[Page 70]]
VIII. Appropriations in Legislative Bills
Sec. 76. In General
Sec. 77. What Constitutes an Appropriation in a Legislative Bill
Sec. 78. Points of Order; Timeliness
Sec. 79. -- Directing Points of Order Against Objectionable Language
Research References
U.S. Const. art. I Sec. 7
U.S. Const. art. I Sec. 9
4 Hinds Secs. 3553-4018
7 Cannon Secs. 1116-1720
7 Deschler Chs 25, 26
Manual Secs. 143, 671a, 671b, 694c, 726, 834-848, 1007-1012
I. Introductory
Sec. 1 . In General; Constitutional Background
The source of the congressional power to appropriate is found in
the Constitution. Article I (Sec. 7 clause 1) provides that no money
``shall be drawn from the Treasury'' but in consequence of
appropriations made by law. U.S. Const. art. I Sec. 9 clause 7.
Appropriation bills are the device through which money is permitted to
be ``drawn from the Treasury'' for expenditure. Deschler Ch 25 Sec. 2.
This constitutional provision is construed as giving Congress
broad powers to appropriate money in the Treasury and as a strict
limitation on the authority of the executive branch to exercise this
function. The Supreme Court has recognized that Congress has a wide
discretion with regard to the details of expenditures for which it
appropriates funds and has approved the frequent practice of making
general appropriations of large amounts to be allotted and expended as
directed by designated government agencies. Cincinnati Soap Co. v
United States, 301 US 308, 322 (1937).
Sec. 2 . Power to Originate Appropriation Bills; House and Senate
Roles
Under the Constitution, it is exclusively the prerogative of the
House to originate ``revenue'' bills. Article I Sec. 7 clause 1
provides:
All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
Amendments as on other Bills.
The House has traditionally taken the view that this prerogative
encompasses the sole power to originate all general appropriation
bills. Deschler
[[Page 71]]
Ch 25 Sec. 13. (And on more than one occasion the House has returned
to the Senate a Senate bill or joint resolution appropriating money on
the ground that it invaded the prerogatives of the House. Deschler Ch
13 Secs. 20.2, 20.3.) In 1962, when the Senate passed a joint
resolution continuing funds for the Department of Agriculture, the
House passed a resolution declaring that the Senate's action violated
Article I Sec. 7 of the Constitution and was an infringement of the
privileges of the House. Deschler Ch 13 Sec. 20.2. In support of the
view that the House has the sole power to originate appropriation
bills, it has been noted that at the time of the adoption of the
Constitution the phrase ``raising revenue'' was equivalent to
``raising money and appropriating the same.'' The Supply Bills. S.
Doc. No. 872, 62d Cong. 1st Sess.
Sec. 3 . Definitions; Kinds of Appropriation Measures
Generally
An appropriation is a provision of law that provides budget
authority for federal agencies to incur obligations. ``Budget
authority'' means the authority provided by law to incur financial
obligations as defined by the Congressional Budget Act of 1974,
Sec. 3(2)(A).
An appropriation act is the most common means of providing budget
authority. Deschler Ch 25 Sec. 2. It has been held that language which
authorizes the Secretary of the Treasury to use the proceeds of
public-debt issues for the purposes of making loans is not an
appropriation. Deschler Ch 25 Sec. 4.43.
Types of Appropriation Acts
The principal types of appropriation acts are general,
supplemental, special, and continuing.
General appropriation bills provide budget authority to
agencies, usually for a specified fiscal year. Today, there are
13 regular appropriation acts for each fiscal year. See Sec. 6,
infra.
A supplemental appropriation is an act appropriating funds in
addition to those in the 13 regular annual appropriation acts.
Supplemental appropriations provide additional budget authority
beyond the original estimates for an agency or program. Such a
bill may be used after the fiscal year has begun to provide
additional funding. Supplemental bills may also be ``general''
bills within the meaning of Rules XI and XXI if covering more
than one agency. See Sec. 73, infra.
[[Page 72]]
A special appropriation provides funds for one government
agency, program or project. See Sec. 74, infra.
Continuing appropriations--also known as continuing
resolutions--provide temporary funding for agencies or programs
that have not received a regular appropriation by the start of
the fiscal year. They are used to permit agencies to continue
to function and to operate their programs until their regular
appropriations become law. Continuing resolutions are usually
of short duration, but they have been used to fund agencies or
departments for an entire fiscal year. See Sec. 72, infra.
Privileged and Nonprivileged Appropriations Distinguished
The term ``general appropriation bill'' is used to refer to those
bills which may be reported at any time and are privileged for
consideration. See Sec. 6, infra. A joint resolution continuing
appropriations may also be reported and called up as privileged if
reported after September 15 preceding the beginning of the fiscal year
for which it is applicable. Sec. 72, infra. Other continuing
appropriation measures, and special appropriation bills, are not
privileged and are therefor considered under other procedures which
give them privilege--such as a unanimous-consent agreement, a special
order reported from the Committee on Rules, or under suspension.
Deschler Ch 25 Secs. 6, 7.
To file a report on a general appropriation bill, a member of the
Committee on Appropriations seeks recognition and presents the report
as folows:
The Member: Mr. Speaker, by direction of the Committee on
Appropriations, I submit the report on the bill making
appropriations for the Departments of __________ for printing under
the rule.
The Speaker: The report is referred to the Union Calendar and
ordered printed.
Sec. 4 . Committee and Administrative Expenses
Generally
Funding for House committees is provided by resolutions, which
allocate resources made available to the House in certain accounts in
annual Legislative Branch Appropriation Acts. Authorization for
payment may be obtained pursuant to House Rule XI clause 5, which
provides detailed provisions for the consideration of a primary
expense resolution and for subsequent supplemental expense
resolutions. With the exception of the Appropriations Committee, the
rule applies to ``any committee, commission or other entity.'' Manual
Sec. 732a. Generally, see Committees.
The authority of all committees to incur expenses, including
travel expenses, is made contingent upon adoption by the House of
resolutions re-
[[Page 73]]
ported pursuant to this rule. See clause 1(b), Rule XI. The rule was
amended in 1977 to extend its applicability to committees and entities
other than standing committees. H. Res. 988, 93d Cong.
Appropriations from accounts for salaries and other administrative
expenses of the House are under the jurisdiction of the Committee on
House Oversight. Rule X clause 1(h). Manual Sec. 677a. A resolution
reported by that committee providing for such an expenditure is called
up as privileged. Rule XI clause 4(a). Such a resolution, if not
formally reported by the committee, may be called up and agreed to by
unanimous consent. 94-1, Jan. 23, 1975, pp 1160, 1161.
Sec. 5 . Authorization, Appropriation, and Budget Processes
Distinguished
There are three phases in the complex process by which Congress
allocates the fiscal resources of the federal government. There is an
authorization process under which federal programs are created,
amended and extended in response to national needs. There is an
appropriations process which provides funding for these programs. The
congressional budget process, which may place spending ceilings on
budget authority and outlays for a fiscal year and otherwise provides
a mechanism for allocating federal resources among competing
government programs, interacts with and shapes both of the other
phases. The budget process is treated separately in this work.
In the authorization phase, the legislative committees establish
program objectives and may set dollar ceilings on the amounts that may
be appropriated. Once this authorization stage is complete for a
particular program or department, the Appropriations Committee
recommends the actual level of ``budget authority,'' which allows
federal agencies to enter into obligations. Occasionally, with the
consent of the House, the appropriation process precedes the
authorization phase. Special orders reported from the Committee on
Rules are often utilized to expedite floor consideration of
appropriation bills. The House may decline to appropriate funds for
particular purposes, even though authorization has been enacted.
Deschler Ch 25 Sec. 2.1.
As a general rule, these two stages should be kept separate. With
certain exceptions, authorization bills should not contain
appropriations (Sec. 76, infra), and, again with certain exceptions,
appropriation bills should not contain authorizations (Secs. 27 et
seq., infra). This general rule is complicated by the fact that some
budget authority becomes available as the result of previously enacted
legislation and does not require current action by Congress. Examples
include the various trust funds for which the obligational authority
[[Page 74]]
is already provided in basic law. Sec. 9, infra. In addition some
spending, sometimes referred to as direct spending, is controlled
outside of the annual appropriations process. It is composed of
entitlement and other mandatory spending programs. Such programs are
generally funded by provisions of the permanent laws that created
them. See Budget Process. Moreover, the authorization for a program
may be derived not from a specific law providing authority for that
particular program but from more general existing law--``organic''
law--mandating or permitting such programs. Thus, a paragraph in a
general appropriation bill purportedly containing funds not yet
specifically authorized by separate legislation was upheld where it
was shown that all of the funds in the paragraph were authorized by
more general provisions of law currently applicable to the programs in
question. 95-2, June 8, 1978, p 16778.
II. General Appropriation Bills
A. Introductory
Sec. 6 . Background; What Constitutes a General Appropriation Bill
Today, much of the federal government is funded through the annual
enactment of 13 regular appropriations bills. The subjects of these
bills are determined by and coincide with the subcommittee
jurisdictional structure of the Committee on Appropriations. Typically
the 13 regular appropriations bills are identified as:
Agriculture, Rural Development and related agencies
Commerce, Justice, State, and Judiciary and related agencies
Defense Department
District of Columbia
Energy and Water Development
Foreign Operations, Export Financing, and related programs
Interior Department and related agencies
Labor-HHS-Education Departments and related agencies
Legislative Branch
Military Construction
Transportation Department and related agencies
Treasury, Postal Service, and general government
Veterans' Affairs, Housing and Urban Development, Independent
Agencies
The question as to just what constitutes a general appropriations
bill is important because the rule against inclusion of substantive
legislation in appropriation measures (see Sec. 27, infra) applies
only to ``general'' appropria-
[[Page 75]]
tion bills. Deschler Ch 26 Sec. 1.1; Manual Sec. 835. And the
requirement that unauthorized appropriations or ``legislative''
provisions not be in order in an appropriation bill applies only to
``general'' appropriation bills. Deschler Ch 25 Sec. 2. In the House,
the 13 regular appropriation bills and measures providing supplemental
appropriations to two or more agencies are general appropriations
bills. Deschler Ch 25 Sec. 6; Deschler Ch 26 Sec. 1.3.
Measures which have been held not to constitute a general
appropriation bill include:
A joint resolution continuing appropriations for government
agencies pending enactment of the regular appropriation bills.
Deschler Ch 26 Sec. 1.2.
A joint resolution making supplemental appropriations for one
agency. Deschler Ch 25 Sec. 7.4.
A joint resolution making an appropriation to a department for
a specific purpose. 92-1, Aug. 4, 1971, p 29384.
Bills providing special appropriations for specific purposes.
8 Cannon Sec. 2285.
A joint resolution providing an appropriation for a single
government agency and permitting transfer of a portion of those
funds to another agency. 96-1, Oct. 25, 1979, pp 29627, 29628.
A joint resolution reported from the Committee on
Appropriations transferring appropriated funds from one agency
to another. 96-2, Mar. 26, 1980, pp 6716, 6717.
A joint resolution transferring unobligated balances to the
President to be available for specified purposes but containing
no new budget authority. 100-2, Mar. 3, 1988, pp 3235-39.
A bill making supplemental appropriation for emergency
construction of public works. 7 Cannon Sec. 1122.
Sec. 7 . The Restrictions of Rule XXI Clause 2
Generally
Rule XXI clause 2 contains two restrictions relative to
appropriations bills: it (1) prohibits the inclusion in general
appropriation bills of ``unauthorized'' appropriations, except for
works-in-progress, and (2) prohibits provisions ``changing existing
law''--usually referred to as ``legislation on an appropriation
bill''--except for provisions that retrench expenditures under certain
conditions, and except for rescissions of amounts provided in
appropriation acts reported by the Appropriations Committee. Manual
Sec. 834. The ``retrenchment'' provision is known as the Holman rule,
and is discussed in Sec. 46, infra.
In practice, the concepts ``unauthorized appropriations'' and
``legislation on general appropriation bills'' sometimes have been
applied almost interchangeably as grounds for making points of order
pursuant to Rule XXI
[[Page 76]]
clause 2. This occurs because an appropriation made without prior
authorization has, in a sense, the effect of legislation, particularly
in view of rulings of long standing (Sec. 28, infra) that a
``proposition changing existing law'' may be construed to include the
enactment of a law where none exists. Deschler Ch 26 Sec. 1. The two
concepts are treated separately in this article, however, because they
derive from different paragraphs of clause 2, Rule XXI and constitute
distinct restrictions on the authority of the Committee on
Appropriations.
Enforcement of Rule
As all bills making or authorizing appropriations require
consideration in Committee of the Whole, it follows that the
enforcement of the rule must ordinarily occur during consideration in
Committee of the Whole, where the Chair, on the raising of a point of
order, may rule out any portion of the bill in conflict with the rule.
4 Hinds Sec. 3811; Manual Sec. 835. Because portions of the bill thus
stricken are not reported back to the House, clause 8, Rule XXI was
added in the 104th Congress to empower the Committee of the Whole to
strike offending provisions without Members needing to reserve points
of order in the House. The enforcement of the rule also occurs in the
House, since a motion to recommit a general appropriation bill may not
propose an amendment in violation of the rule. Deschler Ch 26
Sec. 1.4; 101-1, Aug. 1, 1989, p 17159; 101-1, Aug. 3, 1989, p 18546.
It should be stressed, however, that the House may, through various
procedural devices, waive one or both requirements of the rule, and
thereby preclude the raising of such points of order against
provisions in the bill. Sec. 68, infra.
Sec. 8 . Committee Jurisdiction and Functions
Generally
Today, under Rule X clause 1 the House Committee on Appropriations
has jurisdiction over all appropriations, including general
appropriation bills. Manual Sec. 671b. And special Presidential
messages on rescissions and deferrals of budget authority submitted
pursuant to Sec. 1012 and Sec. 1013 of the Impoundment Control Act of
1974, as well as rescission bills as defined in Sec. 1011, are
referred to the Committee on Appropriations if the proposed
rescissions or deferrals involve funds already appropriated or
obligated. Manual Sec. 671b. Impoundments generally, see Budget
Process.
Under the Congressional Budget Act of 1974, the committee was
given jurisdiction over rescissions of appropriations, transfers of
unexpended balances, and the amount of new spending authority to be
effective for a fiscal year. See Rule X clause 1(b). Manual Sec. 671b.
[[Page 77]]
Committee Reports
A report from the Appropriations Committee accompanying any
general appropriation bill must contain a concise statement describing
fully the effect of any provision of the accompanying bill which
directly or indirectly changes the application of existing law. Rule
XXI clause 3. Manual Sec. 844b. Provisions in the bill which are
described in the report as changing existing law are presumed to be
legislation in violation of clause 2(c) of Rule XXI, absent rebuttal
by the committee. 98-2, May 31, 1984, p 14591. The rules further
require that such reports contain a list of appropriations in the bill
for expenditures not previously authorized by law. Rule XXI clause 3,
as amended in 1995.
Sec. 9 . Duration of Appropriation
Annual Appropriations
The most common form of appropriation provides budget authority
for a single fiscal year. All of the 13 regular appropriations bills,
for example, are annual, although certain accounts may ``remain
available until expended.'' Where a bill provides budget authority for
a single fiscal year, the funds have to be obligated during the fiscal
year for which they are provided; they lapse if not obligated by the
end of that year. Indeed, unless an act provides that a particular
fund shall be available beyond the fiscal year, appropriations are
made for one year only and any unused funds automatically go back into
the Treasury at the end of the current fiscal year. Norcross v U.S.,
1958, 142 Ct.Cl. 763.
An appropriation in a regular appropriation law may be construed
to be permanent or available continuously only if the appropriation
expressly provides that it is available after the fiscal year covered
by the law in which it appears, or unless the appropriation is for
certain purposes such as public buildings. 31 USC Sec. 1301.
The fiscal year for the federal government begins on October 1 and
ends on September 30. The fiscal year is designated by the calendar
year in which it ends.
Multi-year Appropriations
A multi-year appropriation is made when budget authority is
provided in an appropriations act that is available for a specified
period of time in excess of one fiscal year.
[[Page 78]]
Permanent Appropriations
A permanent appropriation is budget authority that becomes
available as the result of previously-enacted legislation and which
does not require current action by Congress. Examples include the
appropriations for compensation of Members of Congress (Pub. L. No.
97-51, Sec. 130(c)), and the various trust funds for which the
obligational authority is already provided in basic law.
Appropriations, Budget Estimates, Etc., S. Doc. No. 100-23, pp 2329,
2366.
B. Authorization of Appropriation
Sec. 10 . In General; Necessity of Authorization
Generally
The current House rule prohibits the inclusion in general
appropriation bills of ``unauthorized'' appropriations, except for
``public works and objects'' already under way. Rule XXI clause 2(a).
Manual Sec. 834. Thus, any Member may make a point of order on the
House floor to prevent consideration of an unauthorized appropriation
(Sec. 67, infra), although the House frequently waives the enforcement
of the rule (Sec. 68, infra).
Authorization to Precede Appropriation
The enactment of authorizing legislation must occur prior to, and
not following, the consideration of an appropriation for the proposed
purpose. Thus, delaying the availability of an appropriation pending
enactment of an authorization will not protect that appropriation
against a point of order. Deschler Ch 26 Sec. 7.3. A bill may not
permit a portion of a lump sum--unauthorized at the time the bill is
being considered--to subsequently become available; a further
appropriation upon the enactment of authorizing legislation would be
needed. Deschler Ch 25 Sec. 2. Likewise an appropriation will not be
permitted which is conditioned on a future authorization. Deschler Ch
26 Secs. 7.2, 47.4. But where lump sums are involved, language which
limits use of an appropriation to programs ``authorized by law'' or
which permits expenditures ``within the limits of the amount now or
hereafter authorized to be appropriated,'' has been held to insulate
the bill against the point of order. Deschler Ch 26 Sec. 7.10 (note).
The requirement that the authorization precede the appropriation
is satisfied if the authorizing legislation has been enacted into law
between the time the appropriation bill is reported and the time it is
considered in the Committee of the Whole. Deschler Ch 25 Sec. 2.21.
[[Page 79]]
It should be emphasized that the rule applies to ``general''
appropriation bills. A joint resolution containing continuing
appropriations is not considered a general appropriation bill within
the purview of the rule, despite inclusion of diverse appropriations
which are not ``continuing'' in nature. Deschler Ch 25 Sec. 2.
Sec. 11 . Duration of Authorization
Generally; Renewals
Until recent years, many authorizations were permanent, being
provided for by the organic statute that created the agency or
program. Such statutes often include provisions to the effect that
there are hereby authorized to be appropriated ``hereafter'' such sums
``as may be necessary'' or ``as approved by Congress,'' to implement
the law, thereby requiring the appropriate budget authority to be
enacted each year in accordance with this permanent authorization.
See, for example, Deschler Ch 26 Sec. 11.1.
Today, the House more commonly authorizes appropriations for only
a certain number of years at a time. Authorizations may extend for
two, five, or 10 years, and they may be renewed periodically. The
trend toward periodic authorizations is reflected in the House rule
adopted in 1970 which requires that each standing committee insure
that appropriations for continuing programs and activities will be
made annually ``to the maximum extent feasible,'' consistently with
the nature of the programs involved. And programs for which
appropriations are not made annually may have ``sunset'' provisions
which require that they be reviewed periodically to determine whether
they can be modified to permit annual appropriations. Rule X clause
4(f). Manual Sec. 699a.
Sec. 12 . Sufficiency of Authorization
Generally
The term ``authorized by law'' in Rule XXI clause 2 (Manual
Sec. 834) is ordinarily construed to mean a ``law enacted by the
Congress;'' statutory authority for the appropriation must exist.
Deschler Ch 25 Sec. 2.3. It has been held, for example, that a bill
passed by both Houses but not signed by the President nor returned to
the originating House is insufficient authorization to support an
appropriation. 92-1, May 11, 1971, p 14471. Similarly, an executive
order does not constitute sufficient authorization in the absence of
proof of its derivation from a statute enacted by Congress. Deschler
Ch 26 Sec. 7.7. On the other hand, sufficient ``authorization'' for an
appropriation may be found to exist in a treaty (Deschler Ch 26
Sec. 17.9) that has been rati-
[[Page 80]]
fied by both parties (4 Hinds Sec. 3587), or in legislation contained
in a previous appropriation act which has become permanent law
(Deschler Ch 25 Sec. 2.5).
Authorization From Specific Statutes or General Existing Law
Authorization for a program may be derived from a specific law
providing authority for that particular program or from a more general
existing law--``organic law''--authorizing appropriations for such
programs. Thus, a paragraph in a general appropriation bill
purportedly containing funds not yet specifically authorized by
separate legislation was held not to violate Rule XXI clause 2, where
it was shown that all of the funds in the paragraph were authorized by
more general provisions of law currently applicable to the programs in
question. 95-2, June 8, 1978, p 16778.
Similarly, a permanent law authorizing the President to appoint
certain staff, together with legislative provisions authorizing
additional employment contained in an appropriation bill enacted for
that fiscal year, constituted sufficient authorization for a lump-sum
supplemental appropriation for the White House for the same fiscal
year. Deschler Ch 25 Sec. 2.6. The legislative history of the law in
question may be considered to determine whether sufficient
authorization for the project exists. Deschler Ch 25 Sec. 2.7. The
omission to appropriate during a series of years for a program
previously authorized by law does not repeal the law, and it may be
cited as providing authorization for a subsequent appropriation. 4
Hinds Sec. 3595.
Some statutes expressly provide, however, that there may be
appropriated to carry out the functions of certain agencies only such
sums as Congress may thereafter authorize by law, thus requiring
specific subsequently enacted authorizations for the operations of
such agencies and not permitting appropriations to be authorized by
the ``organic statute'' creating the agency. (See, for example, 15 USC
Sec. 1024(e), establishing the Joint Economic Committee and
authorizing the appropriation of ``such sums as may be necessary
during each fiscal year.'' See Deschler Ch 26 Sec. 49.2 (note)).
Effect of Prior Unauthorized Appropriations
An appropriation for an object unauthorized by law, however
frequently made in former years, does not warrant similar
appropriations in succeeding years (7 Cannon Sec. 1150), unless the
program in question is such as to fall into the category of a
continuation of work-in-progress (Sec. 25, infra), or unless
authorizing legislation in a previous appropriation act has become
permanent law. Manual Sec. 836.
[[Page 81]]
Incidental Expenses; Implied Authorizations
A general grant of authority to an agency or program may be found
sufficiently broad to authorize items or projects that are incidental
to carrying out the purposes of the basic law. Deschler Ch 25
Sec. 2.10. An amendment proposing appropriations for incidental
expenses which contribute to the main purpose of carrying out the
functions of the department for which funds are being provided in the
bill is generally held to be authorized by law. Deschler Ch 26
Sec. 7.15. For example, appropriations for certain travel expenses for
the Secretary of the Department of Agriculture were held authorized by
law as necessary to carry out the basic law setting up that
Department. Deschler Ch 25 Sec. 2.10.
On the other hand, where the authorizing law authorizes a lump-sum
appropriation and confers broad discretion on an executive in
allotting funds, an appropriation for a specific purpose may be ruled
out as inconsistent therewith. Deschler Ch 26 Sec. 15.5 (note). The
appropriation of a lump sum for a general purpose having been
authorized, a specific appropriation for a particular item included in
such general purpose may be a limitation on the discretion of the
executive charged with allotment of the lump sum and not in order on
the appropriation bill. 7 Cannon Sec. 1452. Such a limitation may also
be ruled out on the ground that it is ``legislation'' on an
appropriation bill. Sec. 43, infra. An appropriation to pay a judgment
awarded by a court is in order if such judgment has been properly
certified to Congress. Deschler Ch 25 Sec. 2.2.
Sec. 13 . Proof of Authorization; Burden of Proof
Burden of Proof Generally
Under House practice, those upholding an item of appropriation
have the burden of showing the law authorizing it. 4 Hinds Sec. 3597;
7 Cannon Secs. 1179, 1276. Thus, a point of order having been raised,
the burden of proving the authorization for language carried in an
appropriation bill falls on the proponents and managers of the bill
(Deschler Ch 26 Sec. 9.4), who must shoulder this burden of proof by
citing statutory authority for the appropriation. Deschler Ch 25
Sec. 9.5. The Chair may overrule a point of order upon citation to an
organic statute creating an agency, absent any showing that such law
has been amended or repealed to require specific annual
authorizations. Deschler Ch 26 Sec. 9.6.
Burden of Proof as to Amendment
The burden of proof to show that an appropriation contained in an
amendment is authorized by law is on the proponent of the amendment, a
[[Page 82]]
point of order having been raised against the appropriation. Deschler
Ch 26 Secs. 9.1, 9.2; 102-1, Oct. 29, 1991, p ____. If the amendment
is susceptible to more than one interpretation, it is incumbent upon
the proponent to show that it is not in violation of the rule. Manual
Sec. 835.
Evidence of Compliance With Condition
An authorizing statute may provide that the authorization for a
program is to be effective only upon compliance by executive officials
with certain conditions or requirements. In such a case, a letter
written by an executive officer charged with the duty of furthering a
certain program may be sufficient documentary evidence of
authorization in the manner prescribed. Deschler Ch 26 Secs. 10.2,
10.3.
Sec. 14 . Increasing Budget Authority
Increases Within Authorized Limits
Authorizing legislation may place a ceiling on the amount of
budget authority which can be appropriated for a program or may
authorize the appropriation of ``such sums as are necessary.'' Absent
restrictions imposed by the budget process, it is in order to increase
the appropriation in an appropriation bill for a purpose authorized by
law if such increase does not exceed the amount authorized for that
purpose. Deschler Ch 25 Secs. 2.13, 2.15. An amendment proposing
simply to increase an appropriation for a specific purpose over the
amount carried in the appropriation bill does not constitute a change
in law unless such increase is in excess of that authorized. Deschler
Ch 25 Sec. 2.14. An amendment changing the figure in the bill to the
full amount authorized is in order. Deschler Ch 25 Sec. 2.16. Of
course, if the authorization does not place a cap on the amount to be
appropriated, an amendment increasing the amount of the appropriation
for items included in the bill is in order. Deschler Ch 25 Sec. 11.16.
Increases in Excess of Amount Authorized
An appropriation in excess of the specific amount authorized by
law may be in violation of the rule prohibiting unauthorized
appropriations (Rule XXI clause 2). Deschler Ch 26 Sec. 21. Thus,
where existing law limited annual authorizations of appropriations for
incidental expenses of a program to $7,500, an appropriation for
$10,000 was held to be unauthorized and was ruled out on a point of
order. 94-1, Sept. 30, 1974, p 30981.
[[Page 83]]
The rule that an appropriation bill may not provide budget
authority in excess of the amount specified in the authorizing
legislation has also been applied to:
An amendment proposing an increase in the amount of an
appropriation authorized by law for compensation of Members of
the House. Deschler Ch 26 Sec. 21.2.
A provision in an appropriation bill increasing the loan
authorization for the rural telephone program above the amount
authorized for that purpose. Deschler Ch 26 Sec. 33.3.
Language in an appropriation bill providing funds for the
Joint Committee on Defense Production in excess of the amount
authorized by law. 88-2, Apr. 10, 1964, p 7640.
A paragraph in a general appropriation bill containing funds
in excess of amounts permitted to be committed by a federal
agency for mortgage purchases. 97-2, July 29, 1982, p 18636.
Waiver of Ceiling
Where a limitation on the amount of an appropriation to be
annually available for expenditure by an agency has become law,
language in an appropriation bill seeking to waive or change this
limitation gives rise to a point of order that the language is
legislation on an appropriation bill. Deschler Ch 26 Sec. 33.2.
C. Authorization for Particular Purposes or Programs
Sec. 15 . In General
Absent an appropriate waiver, language in a general appropriation
bill providing funding for a program that is not authorized by law is
in violation of Rule XXI clause 2(a) and may also ``change existing
law'' in violation of clauses 2(b) or 2(c). See 98-2, May 31, 1984, p
14590. Provisions that have been ruled out as unauthorized under Rule
XXI clause 2 have included:
Appropriations for fiscal 1979 for the Department of Justice
and its related agencies. Deschler Ch 26 Sec. 18.3.
An appropriation for expenses incident to the special
instruction and training of United States attorneys and United
States marshals, their assistants and deputies, and United
States commissioners. Deschler Ch 26 Sec. 18.1.
Paragraphs containing funds for a fiscal year for Coast Guard
acquisitions, construction, research, development, and
evaluation. 95-1, June 8, 1977, pp 17945, 17946.
An appropriation for the U.S. Customs Service air interdiction
program. 98-2, June 21, 1984, pp 17693, 17694.
[[Page 84]]
An appropriation for liquidation of contract authority to pay
costs of certain subsidies granted by the Maritime
Administration. 92-1, June 24, 1971, p 21901.
Language permitting the Secretary of Labor and the Secretary
of Health, Education, and Welfare to use funds for official
reception and representation expenses. Deschler Ch 26
Sec. 20.19.
Language making funds available for distribution of
radiological instruments and detection devices to states by
loan or grant for civil defense purposes. Deschler Ch 26
Sec. 20.1.
Language making funds available for reimbursements of
Government employees for use by them of their privately owned
automobiles on official business. Deschler Ch 26 Sec. 20.6.
An appropriation for the American Revolution Bicentennial
Commission. 91-2, May 19, 1970, p 16165.
The rulings cited in this division are intended to illustrate the
application of the rule requiring appropriations to be based on prior
authorization. No attempt has been made to indicate whether measures
similar to those ruled upon, if offered today, would in fact be
authorized under present laws.
Sec. 16 . Agricultural Programs
Held Authorized by Existing Law
An appropriation to be used to increase domestic consumption
of farm commodities. Deschler Ch 26 Sec. 11.1.
Appropriations for cooperative range improvements (including
construction, maintenance, control of rodents, and eradication
of noxious plants in national forests). Deschler Ch 26
Sec. 11.3.
An appropriation to enable the Secretary of Agriculture to
carry out the provisions of the National School Lunch Act of
1946. Deschler Ch 26 Sec. 11.5.
Appropriations for the acquisition and diffusion of
information by the Agriculture Department. 4 Hinds Sec. 3649;
Deschler Ch 26 Sec. 11.10.
Appropriations for agricultural engineering research and for
programs relating to the prevention and control of dust
explosions and fires during the harvesting and storing of
agricultural products. Deschler Ch 26 Sec. 11.11.
An appropriation for the purchase and installation of weather
instruments and the construction or repair of buildings of the
Weather Bureau. Deschler Ch 26 Sec. 11.16.
Ruled Out as Unauthorized
Language providing funds for a celebration of the centennial
of the establishment of the Department of Agriculture. Deschler
Ch 26 Sec. 11.2.
The organization of a new bureau to conduct investigations
relating to agriculture. 4 Hinds Sec. 3651.
Language providing for cooperation by and with state
agriculture investigators. 4 Hinds Sec. 3650; 7 Cannon
Secs. 1301, 1302.
[[Page 85]]
A section providing funds to collect, compile, and analyze
data relating to consumer expenditures and savings. Deschler Ch
26 Sec. 11.7.
An appropriation to permit the Department of Agriculture to
investigate and develop methods for the manufacture and
utilization of starches from cull potatoes and surplus crops.
Deschler Ch 26 Sec. 11.9.
A provision for the refund of certain penalties to wheat
producers. Deschler Ch 26 Sec. 11.6.
An amendment appropriating funds for the immediate acquisition
of domestic meat and poultry to be distributed consistently
with provisions of law relating to distribution of other foods.
93-2, June 21, 1974, p 20620.
An appropriation for the control of certain crop diseases or
infestations. Deschler Ch 26 Secs. 11.12, 11.13.
Sec. 17 . Programs Relating to Business or Commerce
Held Authorized by Existing Law
An appropriation for the Director of the Bureau of the Census
to publish monthly reports on coffee stocks on hand in the
United States. Deschler Ch 26 Sec. 12.1.
An appropriation for the office of the Secretary of Commerce
for expenses of attendance at meetings of organizations
concerned with the work of his office. Deschler Ch 26
Sec. 12.6.
Ruled Out as Unauthorized
An appropriation for sample surveys by the Census Bureau to
estimate the size and characteristics of the nation's labor
force and population. Deschler Ch 26 Sec. 12.2.
Language providing appropriations for necessary expenses in
the performance of activities and services relating to
technological development as an aid to business in the
development of foreign and domestic commerce. Deschler Ch 26
Sec. 12.4.
Language appropriating funds for travel in privately owned
automobiles by employees engaged in the maintenance and
operation of remotely controlled air-navigation facilities.
Deschler Ch 26 Sec. 12.5.
Funds for necessary expenses of the National Bureau of
Standards (including amounts for the standard reference data
program) for fiscal 1979. Deschler Ch 26 Sec. 12.9.
[[Page 86]]
Sec. 18 . Defense Programs
Held Authorized by Existing Law
Funds for paving of streets and erection of warehouses
incident to the establishment of a naval station. 7 Cannon
Sec. 1232.
Appropriations to enable the President, through such
departments or agencies of the government as he might
designate, to carry out the provisions of the Act of Mar. 11,
1941, to promote the defense of the United States. Deschler Ch
26 Sec. 13.3.
Ruled Out as Unauthorized
Funds for transportation of successful candidates to the Naval
Academy. 7 Cannon Sec. 1234.
Funds for establishment of shooting ranges and purchase of
prizes and trophies. 7 Cannon Sec. 1242.
An appropriation for the construction and improvement of
barracks for enlisted men and quarters for noncommissioned
officers of the Army. Deschler Ch 26 Sec. 13.5.
An amendment striking out funds for a nuclear aircraft carrier
program and inserting funds for a conventional-powered aircraft
carrier program. Deschler Ch 26 Sec. 13.6.
A provision increasing the funds appropriated for a fiscal
year for military assistance to South Vietnam and Laos. 93-2,
Apr. 10, 1974, p 10594.
Language including funds for Veterans' Administration expenses
for the issuance of memorial certificates to families of
deceased veterans. Deschler Ch 26 Sec. 13.1.
Sec. 19 . Funding for the District of Columbia
Held Authorized Under Existing Law
An appropriation for opening, widening, or extending streets
and highways in the District of Columbia. 7 Cannon Sec. 1189.
An appropriation for street lights or for improving streets
out of a special fund created by the District of Columbia
Gasoline Tax Act. Deschler Ch 26 Secs. 11.15, 14.7.
An appropriation for expenses of keeping school playgrounds
open during the summer months. Deschler Ch 26 Sec. 14.5.
An appropriation for the preparation of plans and
specifications for a branch library building in the District of
Columbia. Deschler Ch 26 Sec. 14.13.
[[Page 87]]
Ruled Out as Unauthorized
Appropriations for certain federal office buildings in the
District of Columbia that were not approved by the Public Works
Committees of the House and Senate as required by the Public
Buildings Act of 1959. 86-2, Apr. 19, 1960, p 8230.
A paragraph permitting the use of funds by the Office of the
Corporation Counsel to retain professional experts at rates
fixed by the commissioner. Deschler Ch 26 Sec. 14.1.
An appropriation for the preparation of plans and
specifications for a new main library building in the District
of Columbia. Deschler Ch 26 Sec. 14.12.
An appropriation for the salary and expenses of the office of
Director of Vehicles and Traffic out of the District Gasoline
Tax Fund. Deschler Ch 26 Sec. 14.14.
Language permitting the Commissioners of the District of
Columbia to purchase a municipal asphalt plant. Deschler Ch 26
Sec. 14.19.
An amendment making funds available for expenditure by the
American Legion in connection with its national convention.
Deschler Ch 26 Sec. 14.3.
An appropriation to reimburse certain District of Columbia
officials for services and expenses. 7 Cannon Sec. 1184.
Sec. 20 . Interior or Environmental Programs
Held Authorized Under Existing Law
An appropriation for suppression of liquor or peyote traffic
among Indians. 7 Cannon Secs. 1210, 1212.
An appropriation for the examination of mineral resources of
the national domain. 7 Cannon Sec. 1222.
An appropriation for the development of an educational program
of the National Park Service. Deschler Ch 26 Sec. 15.17.
Language providing an appropriation for the purpose of
encouraging industry and self-support among Indians and
outlining areas of discretionary authority to be exercised by
the Secretary of the Interior. Deschler Ch 26 Sec. 15.26.
Appropriations for irrigation projects which had been
recommended by the Secretary of the Interior and approved by
the President. Deschler Ch 26 Sec. 15.30.
Ruled Out as Unauthorized
A paragraph containing funds to enable the EPA to obtain
reports as to the probable adverse effect on the economy of
certain federal environmental actions. Deschler Ch 26
Sec. 15.1.
A paragraph making funds available to the EPA to establish an
independent review board to review the priorities of the
agency. Deschler Ch 26 Sec. 15.2.
[[Page 88]]
Language authorizing the Secretary of the Interior, in
administering the Bureau of Reclamation, to contract for
medical services for employees and to make certain payroll
deductions. Deschler Ch 26 Sec. 15.9.
An appropriation for the Division of Investigations in the
Department of the Interior, to be expended under the direction
of the Secretary, to meet unforeseen emergencies of a
confidential character. Deschler Ch 26 Sec. 15.12.
Language appropriating funds ``out of the general funds of the
Treasury'' (and not the reclamation fund) for investigations of
proposed federal reclamation projects. Deschler Ch 26
Sec. 15.28.
Language requiring that part of an appropriation for general
wildlife conservation be earmarked expressly for the leasing
and management of land for the protection of the Florida Key
deer. Deschler Ch 26 Sec. 15.5.
Appropriations for the National Power Policy Committee to be
used by the committee in the performance of functions
prescribed by the President. Deschler Ch 26 Sec. 15.7.
Sec. 21 . Programs Relating to Foreign Affairs
Held Authorized by Existing Law
An appropriation for transportation and subsistence of
diplomatic and consular officers en route to and from their
posts. 7 Cannon Sec. 1251.
A provision earmarking an amount for a contribution to the
International Secretariat on Middle Level Manpower. Deschler Ch
26 Sec. 17.2.
An appropriation for the obligation assumed by the United
States in accepting membership in the International Labor
Organization. Deschler Ch 26 Sec. 17.3.
An amendment providing funds for a health exhibit at the
Universal and International Exhibition of Brussels. Deschler Ch
26 Sec. 17.6.
An appropriation for commercial attaches to be appointed by
the Secretary of Commerce. 7 Cannon Sec. 1257.
An appropriation to compensate the owners of certain vessels
seized by Ecuador. Deschler Ch 26 Sec. 17.1.
Ruled Out as Unauthorized
An amendment to earmark part of the appropriation for the USIA
to provide facilities for the translation and publication of
books and other printed matter in various foreign languages.
Deschler Ch 26 Sec. 17.7.
Appropriations for incidental and contingent expenses in the
consular and diplomatic service. 4 Hinds Sec. 3609.
An appropriation for the Foreign Service Auxiliary. Deschler
Ch 26 Sec. 17.14.
[[Page 89]]
An appropriation for the salary of a particular U.S. minister
to a foreign country where the Senate had not confirmed the
appointee. Deschler Ch 26 Sec. 17.17.
An amendment providing funds for acquisition of sites and
buildings for embassies in foreign countries. 4 Hinds
Sec. 3606.
Sec. 22 . Legislative Branch Funding
It is not in order to provide in an appropriation bill for
payments to employees of the House unless the House by prior action
has authorized such payments. 4 Hinds Sec. 3654. Such authorization is
generally provided for by resolution from the Committee on House
Oversight (formerly House Administration). The House in appropriating
for an employee may not go beyond the terms of the resolution creating
the office. 4 Hinds Sec. 3659.
A resolution of the House has been held sufficient authorization
for an appropriation for the salary of an employee of the House (4
Hinds Secs. 3656-3658) even though on one occasion the resolution may
have been agreed to only by a preceding House (4 Hinds Sec. 3660). A
resolution intended to justify appropriations beyond the term of a
Congress is ``made permanent law'' by a legislative provision in a
Legislative Branch Appropriation Act.
Held Authorized
Funds for employment of counsel to represent Members and to
appear in court officially. 7 Cannon Sec. 1311.
Funds for expenses incurred in contested election cases when
properly certified. 7 Cannon Sec. 1231.
Salaries for certain House employees. 91-1, Aug. 5, 1969, p
22197.
An increase in the salary of an officer of the House. 89-2,
Sept. 8, 1966, p 22020.
The salary of the Chief of Staff of the Joint Committee on
Internal Revenue Taxation. 92-2, Oct. 4, 1972, p 33744.
Salary adjustments for certain House employees. 92-2, Jan. 27,
1972, p 1531.
Overtime compensation for employees of the Publications
Distribution Service (Folding Room). 92-2, Mar. 2, 1972, p
6627.
Costs of stenographic services and transcripts in connection
with a meeting or hearing of a committee. Manual Sec. 703c. H.
Res. 988, 93d Cong.
Certain costs associated with the organizational meeting of
the Democratic Caucus or Republican Conference. Manual
Sec. 997. 2 USC Sec. 29a.
The transfer of surplus prior-year funds to liquidate certain
current obligations of the House. Deschler Ch 25 Sec. 5.3.
[[Page 90]]
Ruled Out as Unauthorized
An amendment proposing to increase the total amount for
salaries of Members beyond that authorized. Deschler Ch 26
Sec. 21.2.
Language providing an allowance payable to the attending
physician of the Capitol. 86-2, May 17, 1960, p 10447.
An amendment providing funds for a parking lot for the use of
Members and employees of Congress. Deschler Ch 26 Sec. 20.3.
An appropriation for employment by the Committee on
Appropriations of 50 qualified persons to investigate and
report on the progress of certain contracts let by the United
States. Deschler Ch 26 Sec. 20.2.
Sec. 23 . Salaries and Related Benefits
Language in a general appropriation bill providing funding for
salaries that are not authorized by law is in violation of Rule XXI
clause 2(a). 98-2, May 31, 1984, p 14589. Such propositions, whether
to appropriate for salaries not established by law or to increase
salaries fixed by law, are out of order. 4 Hinds Secs. 3664-3667,
3676-3679. The mere appropriation for a salary for one year does not
create an office so as to justify appropriations in succeeding years.
4 Hinds Secs. 3590, 3697. However, it has been held that a point of
order does not lie against a lump-sum appropriation for increased pay
costs as being unauthorized where language in the bill limits use of
the appropriation to pay costs ``authorized by or pursuant to law.''
Deschler Ch 25 Sec. 2.20.
Ruled Out as Unauthorized
Language providing for positions of employment in certain
grades, in addition to the number authorized in existing law.
86-1, May 11, 1959, p 7904.
Language providing funds for the hire of one other person in
excess of the number authorized by law. 87-2, Apr. 2, 1962, p
5932.
A paragraph containing funds for personal services for the
President ``without regard to provisions of law'' regulating
government employment and for entertainment expenses to be
accounted for solely on the certificate of the President. 93-1,
Aug. 1, 1973, pp 27286, 27287.
A paragraph permitting the use of funds by the D.C. Office of
the Corporation Counsel to retain professional experts at rates
fixed by the commissioner. 93-1, June 18, 1973, p 20068.
A paragraph authorizing an executive official to establish
salary levels of certain other officials. 97-2, Sept. 30, 1982,
pp 26290, 26291.
A provision appropriating necessary expenses for a designated
number of officers on the active list of an agency. 98-2, May
31, 1984, p 14590.
An appropriation for salaries and expenses of the Commission
on Civil Rights above the amount authorized by existing law for
that purpose. 92-1, June 24, 1971, p 21902.
[[Page 91]]
An amendment appropriating funds for salaries and expenses of
additional inspectors in the U.S. Customs Service. 98-2, Aug.
1, 1984, pp 21904, 21905.
An amendment providing for a salary of $10,000 per year for
the wife of the President for maintaining the White House.
Deschler Ch 26 Sec. 20.13.
D. Authorization for Public Works
Sec. 24 . In General
Language in a general appropriation bill providing funding for a
public work that is not authorized by law is in violation of Rule XXI
clause 2(a) (Deschler Ch 26 Sec. 19.13), unless the project can be
deemed ``work in progress'' within the meaning of that rule (Sec. 25,
infra). An appropriation for a public work in excess of the amount
fixed by law (4 Hinds Secs. 3583, 3584; 7 Cannon Sec. 1133), or for
extending a public service beyond the limits assigned by an executive
officer exercising a lawful discretion (4 Hinds Sec. 3598), is out of
order.
Held Authorized by Existing Law
An appropriation for necessary advisory services to public and
private agencies with regard to construction and operation of
airports and landing areas. Deschler Ch 26 Sec. 19.4.
An amendment proposing to increase a lump-sum appropriation
for river and harbor projects. Deschler Ch 26 Sec. 19.6.
An appropriation for the Tennessee-Tombigbee inland waterway.
Deschler Ch 26 Sec. 19.9.
An appropriation for construction of transmission lines from
Grand Coulee Dam to Spokane. Deschler Ch 25 Sec. 19.11.
Ruled Out as Unauthorized
Language providing an additional amount for construction of
certain public buildings. Deschler Ch 26 Sec. 19.1.
Appropriations for certain federal office buildings in the
District of Columbia where not approved by the Public Works
Committees of the House and Senate as required by the Public
Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
An appropriation for construction of a connecting highway
between the United States and Alaska. Deschler Ch 26 Sec. 19.5.
An amendment making part of an appropriation to the Army Corps
of Engineers for flood control available for studying specified
work of the Bureau of Reclamation. Deschler Ch 26 Sec. 19.8.
Language appropriating certain trust funds for expenses
relating to forest roads and trails. Deschler Ch 26 Sec. 28.2.
[[Page 92]]
Sec. 25 . Works in Progress
The House rule which bars appropriations not previously authorized
by law provides for an exception for appropriations for ``public works
and objects'' which are already in progress. Rule XXI clause 2(a).
Manual Sec. 834. Thus, when the construction of a public building has
commenced and there is no limit of cost, further appropriations may be
made under the exception for works in progress. Deschler Ch 26
Sec. 8.1. The exception for works in progress under Rule XXI may apply
even though the original appropriation for the project was
unauthorized. 7 Cannon Sec. 1340; Deschler Ch 26 Sec. 8.2.
Historically, the ``works in progress'' exception has been applied
only to projects funded from the general fund of the Treasury for
which no authorization has been enacted; it does not apply to language
changing existing law by extending the authorized availability of
funds or in contravention of law restricting use of a special fund.
103-1, Sept. 22, 1993, p ____. An appropriation for construction which
is in violation of existing law or which exceeds the limit fixed by
law is not permitted under the work-in-progress exception of Rule XXI.
4 Hinds Secs. 3587, 3702; 7 Cannon Sec. 1332; Manual Sec. 839.
The tendency of later decisions is to narrow the application of
the exception under Rule XXI clause 2(a) making in order
appropriations for ``works in progress.'' 7 Cannon Sec. 1333. The work
in question, to qualify under the rule, must have moved beyond the
planning stage. 7 Cannon Sec. 1336. To come within the terms of the
rule, it must be actually ``in progress,'' according to the usual
significance of those words (4 Hinds Sec. 3706), with actual work
having been initiated (Deschler Ch 26 Sec. 8.5); merely selecting or
purchasing a site for the construction of a building is not sufficient
(4 Hinds Secs. 3762, 3785). But the fact that the work has been
interrupted--even for several years--does not prevent it from
qualifying under the work-in-progress exception of clause 2(a). 4
Hinds Secs. 3707, 3708.
To establish that actual work has begun on the project, the Chair
may require some documentary evidence that work has been initiated.
Deschler Ch 26 Sec. 8.5. To this end, the Chair may consider a letter
from an executive officer charged with the duty of constructing the
project. Deschler Ch 26 Sec. 8.2. News articles merely suggesting that
work may have begun have been regarded as insufficient evidence that
work is in progress within the meaning of the rule. Deschler Ch 26
Sec. 8.7.
Sec. 26 . -- What Constitutes a Work in Progress
The ``works and objects'' referred to in the exception to the rule
prohibiting unauthorized appropriations is construed to mean something
tan-
[[Page 93]]
gible, such as a building or road; the term does not contemplate work
that is indefinite or intangible, such as an investigation. 4 Hinds
Secs. 3714, 3715, 3719. See also Deschler Ch 26 Sec. 8. The term does
not extend to projects that are indefinite as to completion and
intangible in nature, such as the gauging of streams. 4 Hinds
Secs. 3714, 3715. Nor does the term extend to the ordinary duties of
an executive or administrative office. 4 Hinds Secs. 3709, 3713.
Appropriations for extension or repair of an existing road (4
Hinds Secs. 3793, 3798), bridge (4 Hinds Sec. 3803), or public
building have been admitted as in continuation of a work (4 Hinds
Secs. 3777, 3778), although it is not in order as such to provide for
a new building in place of one destroyed (4 Hinds Sec. 3606). The
purchase of adjoining land for a work already established has been
admitted under this principle (4 Hinds Secs. 3766-3773), as well as
additions to or extensions of existing public buildings (4 Hinds
Secs. 3774, 3775). But the purchase of a separate and detached lot of
land is not admitted (4 Hinds Sec. 3776).
Appropriations for new buildings as additional structures at
Government institutions have sometimes been admitted (4 Hinds
Secs. 3741-3750), but propositions to appropriate for new buildings
that were not necessary adjuncts to the institution have been ruled
out (4 Hinds Secs. 3755-3759).
Projects that have qualified as a ``work or object . . . in
progress'' under Rule XXI clause 2(a) have included:
A topographical survey. 7 Cannon Sec. 1382.
The continuation of construction at the Kennedy Library, a
project owned by the United States and funded by a prior year's
appropriation. 100-2, June 14, 1988, p 14335.
A continuation of aircraft experimentation and development.
Jan. 22, 1926, p 2623.
Projects that have been ruled out as a ``work or object . . . in
progress'' under Rule XXI clause 2(a) have included:
New Army hospitals. 4 Hinds Sec. 3740.
A new lighthouse. 4 Hinds Sec. 3728.
An extension of an existing road. 103-1, Sept. 22, 1993, p
____.
[[Page 94]]
III. Legislation in General Appropriation Bills; Provisions Changing
Existing Law
A. Generally
Sec. 27 . The Restrictions of Rule XXI Clause 2
In General; Historical Background
The House rules have contained language forbidding the inclusion
in general appropriation bills of language ``changing existing law''
almost continuously since the 44th Congress. In 1835, when it became
apparent that appropriation bills were being delayed because of the
intrusion of legislative matters, John Quincy Adams suggested the
desirability of a plan that such bills ``be stripped of everything but
the appropriations.'' 4 Hinds Sec. 3578.
Today, House Rule XXI provides that, with two exceptions, ``[n]o
provision changing existing law shall be reported in any general
appropriation bill . . .'' (clause 2(b)), and that ``[n]o amendment to
a general appropriation bill shall be in order if changing existing
law.'' Clause 2(c). The exceptions set forth in clause 2(b) are for
germane provisions which change existing law in a way that would
``retrench'' expenditures (see Sec. 46, infra), and for rescissions of
previously enacted appropriations. Manual Sec. 834.
Language changing existing law in violation of Rule XXI is often
referred to as ``legislation on an appropriation bill.'' Deschler Ch
26 Sec. 1. What ``legislation'' means in this context is a change in
an existing law that governs how appropriations may be used.
Like the rule generally prohibiting unauthorized appropriations,
the restriction against legislating on general appropriations bills is
only enforced if a Member takes the initiative to enforce it by
raising a point of order. Sec. 67, infra. And such a point of order
may be waived pursuant to various procedural devices. See Sec. 68,
infra.
The rule against legislation in appropriation bills is limited to
general appropriation bills; thus, a joint resolution merely
continuing appropriations for government agencies pending enactment of
the regular appropriation bills is not subject to the clause 2 Rule
XXI prohibitions against legislative language. 90-1, Sept. 21, 1967, p
26370.
Construction of Rule
The rule that forbids language in a general appropriation bill
which changes existing law is strictly construed. Deschler Ch 26
Sec. 64.23. The restriction is construed to apply not only to changes
in an existing statute, but also to the enactment of law where none
exists, to language repealing exist-
[[Page 95]]
ing law (Sec. 28, infra), to a provision making changes in court
interpretations of statutory law (96-2, Aug. 19, 1980, p 21978) and to
a proposition to change a rule of the House (4 Hinds Sec. 3819). The
fact that legislative language may have been included in appropriation
acts in prior years and made applicable to funds in those laws does
not permit the inclusion in a general appropriation bill of similar
language. 98-1, Sept. 22, 1983, pp 25403, 25406, 25407.
The Rule XXI restrictions as to changing existing law apply
specifically to amendments to general appropriation bills. See clause
2(a). Manual Sec. 834. It follows that if a motion to recommit with
instructions constitutes legislation on an appropriation bill, the
motion is subject to a point of order. Deschler Ch 26 Sec. 1.4.
Burden of Proof
Where a point of order is raised against a provision in a general
appropriation bill as constituting legislation in violation of Rule
XXI clause 2, the burden of proof is on the Committee on
Appropriations to show that the language is valid under the precedents
and does not change existing law. Deschler Ch 26 Sec. 22.30.
Provisions in the bill, described in the accompanying report as
directly or indirectly changing the application of existing law, are
presumably legislation in violation of Rule XXI clause 2, in the
absence of rebuttal by the committee. Deschler Ch 26 Sec. 22.27.
Similarly, the proponent of an amendment against which a point of
order has been raised and documented as constituting legislation on an
appropriation bill has the burden of proving that the amendment does
not change existing law. Deschler Ch 26 Sec. 22.29.
Sec. 28 . Changing Existing Law by Amendment, Enactment, or Repeal;
Waivers
The provision of the rule (Rule XXI clause 2) forbidding in any
general appropriation bill a ``provision changing existing law'' is
construed to mean:
A change in the text of existing law. Deschler Ch 26
Secs. 23.11, 24.6.
Note: Existing law may be repeated verbatim in an appropriation
bill (4 Hinds Sec. 3414) but the slightest change of the text causes
it to be ruled out (4 Hinds Sec. 3817; 7 Cannon Secs. 1391, 1394).
The enactment of law where none exists.
Note: The provision of the rule forbidding legislation in any
general appropriation bill is construed to mean the enactment of law
where none exists (4 Hinds Secs. 3812, 3813), such as permitting funds
to remain available until expended or beyond the fiscal year covered
by the bill
[[Page 96]]
(93-1, Aug. 1, 1973, pp 27288, 27289), or immediately upon enactment
(100-2, June 28, 1988, p 16254), where existing law permits no such
availability.
The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26
Secs. 24.1, 24.7.
A waiver of a provision of existing law. Deschler Ch 26
Secs. 24.5, 34.14, 34.15.
Note: A waiver may be regarded as legislation on an appropriation
bill where it uses such language as ``notwithstanding the provisions
of any other law'' (Deschler Ch 26 Sec. 26.6) or ``without regard to
[sections of] the Revised Statutes'' (Deschler Ch 26 Sec. 24.8).
Sec. 29 . Imposing Contingencies and Conditions
Generally; Conditions Precedent
Provisions making an appropriation contingent on a future event
are often presented in appropriation bills. Such contingencies may be
phrased as conditions to be complied with, as in ``funds shall be
available when the Secretary has reported,'' or as restrictions on
funding, as in ``No funds until the Secretary has reported.'' Similar
tests are applied in both formulations in determining whether the
language constitutes legislation on an appropriation bill: Is the
contingency germane or does it change existing law? Deschler Ch 26
Sec. 49.2. Does it impose new duties (e.g. to report) where none exist
under law? See Sec. 31, infra.
Precedents in this discussion (Secs. 29-31, infra) could in many
instances be cited under the discussion on ``Limitations'' (Secs. 50-
59, infra). Language imposing a ``negative restriction'' is not a
proper limitation and is indeed ``legislation,'' if it creates new law
and requires positive determinations and actions where none exist in
law. Sec. 56, infra.
The proscription against changing existing law is applicable to
those instances in which the whole appropriation is made contingent
upon an event or circumstance as well as those in which the
disbursement to a particular participant is conditioned on the
occurrence of an event. Deschler Ch 26 Secs. 47, 48. The terms
``unless,'' ``until,'' or ``provided,'' in an amendment or proviso are
clues that the language may contain a condition that is subject
[[Page 97]]
under Rule XXI clause 2(b) or (c) to a point of order. Language that
has been ruled out pursuant to this rule has included:
An amendment providing that funds shall not be available for
any broadcast of information about the U.S. until the radio
script for such broadcast has been approved by the Daughters of
the American Revolution. Deschler Ch 26 Sec. 47.1.
An amendment to require, as a condition to the availability of
funds, the imposition of standards of quality or performance.
Deschler Ch 26 Sec. 59.1.
Language providing that none of the funds should be used
unless certain procurement contracts were awarded on a formally
advertised basis to the lowest responsible bidder. Deschler Ch
26 Sec. 23.14.
An amendment making the money available on certain
contingencies which would change the lawful mode of payment.
Deschler Ch 26 Sec. 48.1.
An amendment denying the obligation or expenditure of certain
funds unless such funds were subject to audit by the
Comptroller General. Deschler Ch 26 Sec. 47.8. (A subsequent
amendment which denied the use of funds not subject to audit
``as provided by law'' was offered and adopted.)
Language making certain funds for an airport available for an
access road (a federal project) provided Virginia makes
available the balance of funds necessary for the construction
of the road. Deschler Ch 26 Sec. 48.7.
Language providing that no part of the appropriation for
certain range improvements shall be expended in any national
forest until contributions at least equal to such expenditures
are made available by local public or private sources. Deschler
Ch 26 Sec. 48.6.
Language stating that no part of the funds shall be used
``unless and until'' approved by the Director of the Bureau of
the Budget. Deschler Ch 26 Sec. 48.3.
A proviso that no funds shall be available for certain
expenditures unless made in accordance with a budget approved
by the Public Housing Commissioner. Deschler Ch 26 Sec. 48.4.
An amendment specifying that no funds made available may be
expended until total governmental tax receipts exceed total
expenditures. Deschler Ch 26 Sec. 48.11.
An amendment containing certification requirements and
mandating certain contractual provisions as a condition to the
receipt of funds. 100-2, May 18, 1988, p 11388.
Sec. 30 . -- Conditions Requiring Reports to, or Action by, Congress
Reporting to Congress as a Condition
It is legislation on a general appropriation bill in violation of
clause 2, Rule XXI to require the submission of reports to a committee
of Congress where existing law does not require that submission. 99-2,
Aug. 1, 1986, p 18647. Thus, an amendment to a general appropriation
bill precluding the
[[Page 98]]
availability of funds therein unless agencies submit reports to the
Committee on Appropriations--reports not required to be made by
existing law--constitutes legislation in violation of that rule. 98-1,
Nov. 2, 1983, p 30496; 99-1, July 25, 1985, pp 20806, 20807.
Congressional Action as Condition
Under the more recent precedents, it is not in order by way of
amendment to make the availability of funds in a general appropriation
bill contingent upon subsequent congressional action. Manual
Sec. 842b. Compare 90-2, June 11, 1968, p 16692; 96-1, Sept. 6, 1979,
pp 23360, 23361. Such a condition changes existing law if its effect
is to require a subsequent authorization which, when enacted, will
automatically make funds available for expenditure without further
appropriations. Such a result is contrary to the process contemplated
in Rule XXI whereby appropriations are dependent on prior
authorization. Deschler Ch 26 Sec. 49.2 (note). Language making the
availability of funds contingent upon the enactment of authorizing
legislation raises a presumption that the appropriation is then
unauthorized. 98-1, Sept. 19, 1983, pp 24640, 24641. Indeed, a
conditional appropriation based on enactment of authorization is a
concession on the face of the language that no prior authorization
exists. Deschler Ch 26 Sec. 47.3 (note).
It is not in order on a general appropriation bill to direct the
activities of a committee (102-2, June 24, 1992, p ____), such as to
require it to promulgate regulations to limit the use of an
appropriation (96-1, June 13, 1979, pp 14670, 14671). And an amendment
to a general appropriation bill including language to direct the
budget scorekeeping for amounts appropriated was held to constitute
legislation and was ruled out of order under clause 2 of Rule XXI.
103-1, May 26, 1993, p ____.
Other conditions relative to congressional action that have been
ruled out as legislation include:
An amendment providing that no part of the funds in the bill
shall be used for the enforcement of any order restricting sale
of any article or commodity unless such order shall have been
approved by a concurrent resolution of the Congress. Deschler
Ch 26 Sec. 49.2.
Language requiring that certain contracts be authorized by the
appropriate legislative committees and in amounts specified by
the Committees on Appropriations of the Senate and House.
Deschler Ch 26 Sec. 49.5.
An amendment making the availability of funds in the bill
contingent upon subsequent enactment of legislation containing
specified findings. 98-1, Nov. 2, 1983, p 30503.
An amendment changing a permanent appropriation in existing
law to restrict its availability until all general
appropriation bills are presented to the President. 100-1, June
29, 1987, p 18082.
[[Page 99]]
Sec. 31 . -- Conditions Imposing Additional Duties
Where a condition in an appropriation bill or amendment thereto
seeks to impose on a federal official substantial duties that are
different from or in addition to those already contemplated in law,
the provision may be ruled out as legislative in nature. Thus, while
it is in order on a general appropriation bill to prohibit the
availability of funds therein for a certain activity, that prohibition
may not be made contingent upon the performance of a new affirmative
duty on the part of a federal official. Deschler Ch 26 Sec. 50. Other
provisions that have been ruled out under this rule have included:
An amendment providing that no part of the money appropriated
shall be paid to any state unless and until the Secretary of
Agriculture is satisfied that such state has complied with
certain conditions. Deschler Ch 26 Sec. 50.2.
Language providing that no part of a certain appropriation
shall be available until it is determined by the Secretary of
the Interior that authorization therefor has been approved by
the Congress. Deschler Ch 26 Sec. 50.3.
An amendment providing that none of the money appropriated
shall be paid to persons in a certain category unless hereafter
appointed or reappointed by the President and confirmed by the
Senate. Deschler Ch 26 Sec. 50.4.
A paragraph prohibiting the use of funds to pay for services
performed abroad under contract ``unless the President shall
have promulgated'' certain security regulations. Deschler Ch 26
Sec. 50.5.
An amendment providing that no part of the appropriation shall
be used for land acquisition for airport access roads until the
FAA shall have held public hearings. Deschler Ch 26 Sec. 50.6.
An amendment rendering an appropriation for energy
conservation services contingent upon recommendations by
federal officials. Deschler Ch 26 Sec. 50.7.
Language making the availability of certain funds contingent
on legal determinations to be made by a federal court and an
executive department. 100-2, June 28, 1988, p 16261.
Sec. 32 . Language Describing, Construing, or Referring to Existing
Law
Generally
It is in order in a general appropriation bill to include language
descriptive of authority provided in law so long as the description is
precise and does not change that authority in any respect. Deschler Ch
26 Sec. 23.1. But language in an appropriation bill construing or
interpreting existing law, although cast in the form of a limitation,
is legislation and not in order. Deschler Ch 26 Sec. 24. Likewise, an
amendment which does not limit or restrict the use or expenditure of
funds in the bill, but which directs the way
[[Page 100]]
in which provisions in the bill must be interpreted or construed, is
legislation. Deschler Ch 26 Sec. 25.15; 100-2, May 17, 1988, p 11305.
The rationale underlying this rule is that a provision proposing to
construe existing law is in itself a proposition of legislation and
therefore not in order. 4 Hinds Secs. 3936-3938; Manual Sec. 842c.
Language in a general appropriation bill which has been ruled out
pursuant to this rule has included:
Language broadening beyond existing law the definition of
services to be funded by an appropriation. Deschler Ch 26
Sec. 25.8.
A provision defining certain expenses as
``nonadministrative,'' for purposes of making a computation.
Deschler Ch 26 Secs. 22.13, 25.4.
A provision making appropriations available for purchase of
station wagons ``without such vehicles being considered as
passenger motor vehicles.'' Deschler Ch 26 Sec. 22.12.
An amendment construing certain language so as to permit the
withholding of funds for specific military construction
projects upon a determination that elimination of such projects
would not adversely affect national defense. Deschler Ch 26
Sec. 25.9.
An amendment providing that nothing in the Act shall restrict
the authority of the Secretary of Education to carry out the
provisions of title VI of the Civil Rights Act of 1964. 96-2,
Aug. 27, 1980, p 23535.
A statement in the bill that a limitation on funds therein is
to be considered a prohibition against payments to certain
parties in administrative proceedings. 100-2, May 17, 1988, p
11305.
A provision directing the Selective Service Administration to
issue regulations to bring its classifications into conformance
with a Supreme Court decision. 101-1, July 20, 1989, p 15405.
An amendment which expresses the sense of Congress that
reductions in appropriations in other bills should reflect the
proportionate reductions made in the pending bill. 101-2, Oct.
21, 1990, p ____.
Incorporation by Reference to Existing Law
An amendment to a general appropriation bill which incorporates by
reference the provisions of an existing law may be subject to a point
of order. 88-1, Oct. 10, 1963, pp 19258-60. Thus, in 1976, a paragraph
in a bill containing funds for the Corporation for Public Broadcasting
to be available ``in accordance with the provisions of titles VI and
VII of the Civil Rights Act of 1964'' was ruled out as legislation in
violation of Rule XXI clause 2, where it could not be shown that the
corporation was already sub-
[[Page 101]]
ject to the provisions of that law. 94-2, June 24, 1976, pp 20414,
20415. Other provisions ruled out for the same reason have included:
Language referring to conditions imposed on certain programs
in other appropriation acts and making those conditions
applicable to the funds being appropriated in the bill under
consideration. Deschler Ch 26 Sec. 22.6.
Language in a general appropriation bill prescribing that the
provisions of a House-passed resolution ``shall be the
permanent law with respect thereto.'' Deschler Ch 26 Sec. 22.7.
Sec. 33 . Particular Propositions as Legislation
The rule (Rule XXI clause 2) that a proposition in a general
appropriation bill may not change existing law has been applied to a
wide variety of proposals. A sampling of these provisions, classified
by subject matter, are set out below.
Provisions Relating to Agriculture
An amendment curtailing the use of funds for price support
payments to certain persons and defining the term ``person'' to
mean an individual, partnership, firm, joint stock company, or
the like. Deschler Ch 26 Sec. 39.10.
An amendment providing that certain loans be exclusively for
the construction and operation of generating facilities for
furnishing electric energy to persons in certain rural areas.
Deschler Ch 26 Sec. 39.5.