[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 2. Amendments]
[From the U.S. Government Publishing Office, www.gpo.gov]


                              HOUSE PRACTICE

              A. Amendments Defined and Distinguished; Forms

  Sec.  1. In General; Formal Requisites
  Sec.  2. Perfecting Amendments
  Sec.  3. Motions to Insert
  Sec.  4. Motions to Strike and Insert
  Sec.  5. Motions to Strike
  Sec.  6. Substitute Amendments
  Sec.  7. Amendments in Nature of a Substitute
  Sec.  8. Pro Forma Amendments
  Sec.  9. Precedence of Motion Generally
  Sec. 10. Amending Other Motions
  Sec. 11. Effect of Special Orders of Business
  Sec. 12. -- Amendments Printed in the Congressional Record

              B. Permissible Pending Amendments

  Sec. 13. In General; The Stages of Amendment
  Sec. 14. Amendments in the Third Degree

              C. When to Offer Amendment; Reading for Amendment

  Sec. 15. In General; Reading by the Clerk
  Sec. 16. Amendments to Text Passed in the Reading
  Sec. 17. Amendments to Text Not Yet Read; Amendments En Bloc
  Sec. 18. Amendments to Bills Considered as Read and Open to Amendment
  Sec. 19. Amendments in the Nature of a Substitute
  Sec. 20. Recognition to Offer Amendments; Priority

              D. Offering Particular Kinds of Amendments; Precedence and 
                 Priorities

  Sec. 21. Introductory; Perfecting Amendments
  Sec. 22. Motions to Strike
  Sec. 23. Motions to Strike and Insert
  Sec. 24. Substitute Amendments

[[Page 14]]

  Sec. 25. Offering Amendments During Yielded Time
  Sec. 26. Effect of Previous Question; Expiration of Time for Debate

              E. Consideration and Voting

  Sec. 27. In General; Reading of Amendment
  Sec. 28. Order of Consideration Generally; Postponed and Clustered 
  Votes on Amendments
  Sec. 29. Committee Amendments
  Sec. 30. Amendments En Bloc; Use of Special Orders of Business
  Sec. 31. Perfecting Amendments; Motions to Strike
  Sec. 32. Substituting Amendments
  Sec. 33. Points of Order
  Sec. 34. -- Timeliness
  Sec. 35. Debate on Amendments
  Sec. 36. Withdrawal of Amendment
  Sec. 37. Modification of Amendment

              F. Effect of Adoption or Rejection; Changes After Adoption

  Sec. 38. In General; Effect of Adoption of Perfecting Amendment
  Sec. 39. Adoption of Amendment as Precluding Motions to Strike
  Sec. 40. Effect of Adoption of Motions to Strike
  Sec. 41. Adoption of Amendment in the Nature of Substitute
  Sec. 42. Amendments Pertaining to Monetary Figures
  Sec. 43. Effecting Changes by Unanimous Consent
  Sec. 44. Amendments Previously Considered and Rejected

              G. House Consideration of Amendments Reported From the 
                 Committee of the Whole

  Sec. 45. In General; Voting
  Sec. 46. Effect of Rejection of Amendment
  Sec. 47. Motions to Recommit with Instructions Pertaining to 
  Amendments

              H. Amendments to Titles and Preambles

  Sec. 48. In General
        Research References
          5 Hinds Sec. Sec. 5753-5800

[[Page 15]]

          8 Cannon Sec. Sec. 2824-2907a
          Deschler Ch 27
          Manual Sec. Sec. 413, 456, 469, 902, 905, 911, 919-927, 978-
            981, 986-989, 991


              A. Amendments Defined and Distinguished; Forms


  Sec. 1 . In General; Formal Requisites

                                 Generally

      The four forms of amendment are specified by clause 6 of rule XVI. 
  They are:

     The amendment to the pending proposition
     Amendments to the amendment
     Substitute amendments
     Amendments to the substitute

      An amendment to a pending amendment is in order as an amendment in 
  the second degree, as is an amendment to a pending substitute. 
  Amendments in the third degree are not in order. Sec. 14, infra.
      The amendment to the original text must, of course, be offered 
  first, and generally only one amendment to the text may be pending at 
  any one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that 
  amendment is offered, however, the other three forms of amendment may 
  be offered and all four amendments may be pending at one time. 5 Hinds 
  Sec. Sec. 5753, 5785; 8 Cannon Sec. Sec. 2883, 2887; Deschler Ch 27 
  Sec. 1; see also Sec. 13, infra.
      Recognition for the purpose of offering amendments is within the 
  discretion of the Chair. See Sec. 20, infra. Members may offer 
  amendments in their own names at the request, or as the designee, of 
  other Members. But Members may not offer them in other Members' names 
  or jointly. Deschler Ch 27 Sec. 1.11. Furthermore, Members may not 
  offer amendments to their own amendments; an amendment once offered 
  may not be directly modified by its proponent except by unanimous 
  consent. Sec. 37, infra.

               Formal Requirements; Written or Oral Motions

      Pursuant to clause 1 of rule XVI, the Chair or any Member may 
  require that an amendment be reduced to writing before being offered. 
  Deschler Ch 27 Sec. 1.1. In the Committee of the Whole, the Clerk 
  transmits copies of offered amendments to the majority and the 
  minority tables in accordance with clause 5(b) of rule XVIII, 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 text it seeks to amend. Deschler Ch 27 Sec. 1.28. 
  Similarly, an amendment to an amendment should specify and identify 
  the text to be amended. Amendments to a substitute should be drafted 
  to the proper page and line number of the substitute rather than to 
  comparable provisions of the original text. Deschler Ch 27 
  Sec. Sec. 1.9, 1.10. A Member who intends to propose such an amendment 
  may ascertain the appropriate page and line number by inspecting the 
  pending amendment at the Clerk's desk or obtaining a copy thereof at 
  the committee tables. Deschler Ch 27 Sec. 22.10.
      The Chair may examine the form of an offered amendment to 
  determine its propriety and may rule it out of order where improper in 
  form and therefore not in order at that time, 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 by a vote on 
  the merits of the amendment. Deschler Ch 27 Sec. 1.31.

                             Order or Sequence

      A distinction should be made between the order or sequence of 
  voting on amendments and the sequence in which they may be offered. 
  Amendments must be voted on in a definite sequence. The first-degree 
  amendment to the text is voted on last, thereby giving the Members the 
  fullest opportunity to perfect it before addressing its adoption. (For 
  the order of voting on amendments, see Sec. 28, infra.) However, this 
  sequence is reversed with respect to the offering of amendments, 
  because amendments to the text are proposed before the offering of 
  amendments to the amendment, and substitute amendments must precede 
  the offering of amendments to the substitute. Sec. 21, infra. 
  Nevertheless, considerable latitude is permitted in the order of 
  offering amending propositions. For example, in one instance five 
  amendments were offered in the following order: (1) an amendment in 
  the nature of a substitute for the pending measure, (2) a substitute 
  therefor, (3) a perfecting amendment to the original text, (4) a 
  perfecting amendment to the substitute, and (5) a perfecting amendment 
  to the amendment in the nature of a substitute. Deschler Ch 27 
  Sec. 5.28. Indeed, under this scenario, three further amendments would 
  have been in order: (1) a substitute to the perfecting amendment to 
  the original text; (2) a perfecting amendment to the substitute; and 
  (3) a perfecting amendment to the amendment to the original text.

[[Page 17]]

                   Effect of Special Orders of Business

      Bills are frequently considered pursuant to the terms of a 
  resolution reported by the Committee on Rules. The resolution may 
  specify whether amendments may be offered to the bill, the kind and 
  number of amendments that may be offered, whether they can be amended, 
  and the order of consideration and voting thereon. The resolution may 
  also ``self-execute'' an amendment by considering that amendment as 
  adopted. Sec. 11, infra. Such special orders of business are 
  themselves subject to germane amendment while the rule is pending if 
  the Member in control yields for such amendment or offers such 
  amendment, or if the motion for the previous question is defeated. 
  Deschler Ch 27 Sec. 3.1.


  Sec. 2 . Perfecting Amendments

                                 Generally

      Generally, the House follows the Jeffersonian principle that an 
  amendment should be perfected before agreeing to it. Manual Sec. 456. 
  The term ``perfecting amendment'' includes amendments to insert as 
  well as amendments to strike and insert. Deschler Ch 27 Sec. 15. 
  Furthermore, a perfecting amendment may take the form of a motion to 
  strike a lesser portion of the words encompassed in a pending motion 
  to strike. Deschler Ch 27 Sec. 15.17. There are no degrees of 
  preference as between perfecting amendments. Deschler Ch 27 Sec. 5.9.
      A perfecting amendment may be offered to the text of a bill or to 
  an amendment to a bill. Once a perfecting amendment to an amendment is 
  disposed of, the original amendment, as amended or not, remains open 
  to further perfecting amendment, and all such amendments are disposed 
  of before voting on substitutes. Deschler Ch 27 Sec. 23.9.

              Perfecting Amendments and the Motion to Strike

      Perfecting amendments to a section or paragraph may be offered--
  one at a time--while a motion to strike the section or paragraph is 
  pending, and are disposed of first. Deschler Ch 27 Sec. 15.15. Indeed, 
  all perfecting amendments to a section of a bill must be disposed of 
  before the vote on a pending motion to strike the section. Deschler Ch 
  27 Sec. 24.3. If the perfecting amendment changes all the words 
  proposed to be stricken, the motion to strike necessarily falls and is 
  not voted on because the entirety of the amendment has been changed. 
  Deschler Ch 27 Sec. 24.15.

[[Page 18]]

  Sec. 3 . Motions to Insert

      A motion to insert may be pending at the same time as a motion to 
  strike, with the vote taken first on the motion to insert, then on the 
  motion to strike, which is consistent with the principle that text 
  should be perfected before stricken or retained. See Sec. 21, infra. 
  They need not be offered in the order in which they are voted on. 
  Deschler Ch 27 Sec. 15.1.
      It is not in order to reinsert the precise language stricken by 
  amendment. Deschler Ch 27 Sec. 31.4. However, an amendment similar to 
  the stricken language may be offered if germane to the pending portion 
  of the bill. Deschler Ch 27 Sec. 31.6.
      After an amendment to insert has been agreed to, the matter 
  inserted ordinarily may not then be amended insularly. 5 Hinds 
  Sec. 5761; 8 Cannon Sec. 2852; see Sec. 38, infra. However, an 
  amendment may be added at the end of the inserted material. 5 Hinds 
  Sec. 5759; Manual Sec. 469.


  Sec. 4 . Motions to Strike and Insert

      A motion to strike and insert is usually a perfecting amendment 
  (Deschler Ch 27 Sec. 16), and is not divisible under clause 5 of rule 
  XVI. A motion to strike and insert may be offered as a perfecting 
  amendment to a pending section of a bill, and is voted on before a 
  pending motion to strike that section. However, even if agreed to, the 
  perfected language is subject to being eliminated by subsequent 
  adoption of the motion to strike in cases where the perfecting 
  amendment has not so changed the text as to render the original motion 
  to strike an improper change of language already adopted. Deschler Ch 
  27 Sec. 17.12 (note). See also Sec. 23, infra.


  Sec. 5 . Motions to Strike

      A motion proposing to strike a section of a bill is in order after 
  perfecting amendments to the section are disposed of. If offered 
  first, the motion to strike is held in abeyance until perfecting 
  amendments have been disposed of. Sec. 21, infra. A motion proposing 
  to strike a section that has been perfected, but not changed in its 
  entirety, is in order. Deschler Ch 27 Sec. 17.29. The motion to 
  strike, if adopted, strikes the entire section, including provisions 
  added as perfecting amendments to that section. Deschler Ch 27 
  Sec. 31.1.
      A motion to strike the enacting clause of a bill is a 
  parliamentary motion used for rejecting the bill. Deschler Ch 27 
  Sec. 15. It takes precedence over a motion to amend the bill under 
  clause 9 of rule XVIII. Manual Sec. 988.

[[Page 19]]

  Sec. 6 . Substitute Amendments

      A substitute always proposes to replace all the words of a pending 
  amendment. The amendatory instructions contained in a substitute 
  direct changes to be made in the original language rather than to the 
  pending amendment. Although a substitute may change parts of a bill 
  not changed by the pending amendment, the substitute must be germane 
  to the pending amendment. 8 Cannon Sec. Sec. 2879, 2883; Deschler Ch 
  27 Sec. 18.6. A substitute may result in similar language to the 
  original text proposed to be changed by the pending amendment but may 
  not result in identical language. Deschler Ch 27 Sec. 18.15.
      A substitute for a motion to strike is not in order. Deschler Ch 
  27 Sec. 18.8. A motion to strike is not in order as a substitute for a 
  pending motion to strike and insert (Deschler Ch 27 Sec. 17.18) or for 
  a perfecting amendment to text generally (Deschler Ch 27 Sec. 17.17).
      A proposition contained in a substitute may sometimes be reoffered 
  in a different form after it has failed of approval. 8 Cannon 
  Sec. 2843.
      Members may not offer substitutes for their own amendments. 
  Deschler Ch 27 Sec. 18.22.


  Sec. 7 . Amendments in Nature of a Substitute

      An amendment in the nature of a substitute is an amendment that is 
  offered to the text of a bill; it generally replaces the entire bill. 
  It should be distinguished from a substitute amendment, which is 
  merely a substitute for another amendment that has been offered. 
  Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute takes the form of a 
  motion to strike and insert. However, the term ``amendment in the 
  nature of a substitute'' properly applies only to those motions that 
  propose to strike an entire pending bill, though it is sometimes used, 
  less precisely, to describe motions proposing to strike an entire 
  pending section or title of text and to insert new matter. It should 
  not be used to describe those motions to strike and insert, which are 
  properly characterized as ``perfecting amendments'' and which go only 
  to a portion of the pending text. Deschler Ch 27 Sec. 25. An amendment 
  in the nature of a substitute for a pending bill may be offered after 
  the first section is read and is then open to amendment in its 
  entirety. Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute for a bill may be 
  proposed before perfecting amendments to the pending portion of the 
  original text have been offered, but may not be voted on until after 
  such perfecting amendments have been disposed of. 8 Cannon Sec. 2896; 
  Deschler Ch 27 Sec. 25.

[[Page 20]]

      Where an amendment in the nature of a substitute for a bill has 
  been adopted in the Committee of the Whole, the measure is no longer 
  open to amendment and further amendments, including pro forma 
  amendments for debate, are not in order except by unanimous consent. 
  Deschler Ch 27 Sec. 32.6; see also Manual Sec. 923.


  Sec. 8 . Pro Forma Amendments

      Pro forma amendments have been in use during debate in the 
  Committee of the Whole under the five-minute rule as early as 1868. 5 
  Hinds Sec. 5778. A pro forma amendment is a procedural formality--a 
  parliamentary device used to obtain recognition during consideration 
  of a bill being read for amendment. Such an amendment does not 
  contemplate any actual change in the bill. Although pro forma 
  amendments are phrased to make some superficial change in the language 
  under consideration, such as ``to strike the last word,'' the 
  underlying purpose is merely to obtain time for debate that might 
  otherwise be prohibited because of the time limitations of the five-
  minute rule. Clause 5 of rule XVIII; Deschler Ch 27 Sec. 2. A special 
  order of business may limit the offering of substantive amendments but 
  enable pro forma amendments for the purpose of debate. A pro forma 
  amendment may be offered after a substitute has been adopted and 
  before the vote on the amendment, as amended, by unanimous consent 
  only because the amendment has been amended in its entirety and no 
  further amendments, including pro forma amendments, are in order. 
  Manual Sec. 981.
      A Member who has occupied five minutes on a pro forma amendment:

     May not lengthen this time by making a second pro forma 
         amendment or by offering a pro forma amendment to the original 
         amendment. Manual Sec. 981; 5 Hinds Sec. 5222; 8 Cannon 
         Sec. 2560.
     May not extend this time by offering a substantive amendment 
         while other Members are seeking recognition. Manual Sec. 981.
     May offer a second-degree amendment and then offer a pro forma 
         amendment to debate the underlying first-degree amendment. 
         Manual Sec. 981.

      Debate on a pro forma amendment must be confined to the portion of 
  the bill to which the pro forma amendment has been offered. Deschler 
  Ch 27 Sec. Sec. 2.5, 28.38. If the point of order is raised, a Member 
  may not under a pro forma amendment discuss a section of the bill not 
  immediately pending. Deschler Ch 27 Sec. 2.4. A Member recognized to 
  debate a pro forma amendment may not allocate or reserve time. Manual 
  Sec. 981.

[[Page 21]]

  Sec. 9 . Precedence of Motion Generally

                                In General

      Clause 4 of rule XVI specifies the motions that are in order when 
  a question is under debate in the House and assigns precedence to 
  those motions in the order named in the rule. The motion to amend is 
  listed in the sixth position, taking precedence over the motion to 
  postpone indefinitely. Under that rule, the motion to amend yields to 
  the motion to adjourn, to lay on the table, for the previous question, 
  to postpone to a day certain, and to refer. Manual Sec. 911. Because 
  the motion to refer takes precedence over the motion to amend (5 Hinds 
  Sec. 5555), the motion to amend is not entertained while the motion to 
  refer is pending (6 Cannon Sec. 373).

                    Explaining or Opposing an Amendment

      In the Committee of the Whole, under the five-minute rule where an 
  amendment is offered, the initial 10 minutes of debate--five for the 
  proponent to explain the amendment, five for a speech in opposition--
  takes precedence over a motion to amend it. 4 Hinds Sec. 4751.

                           The Previous Question

      In the House, a motion for the previous question takes precedence 
  over a motion to amend. Manual Sec. 926; 8 Cannon Sec. 2660. Thus, the 
  previous question may be moved pending the offering of an amendment by 
  a Member to whom the floor was yielded for that purpose; and the 
  previous question must be voted down before that Member is recognized 
  to offer the amendment. Deschler Ch 23 Sec. 18.3. The previous 
  question having been defeated, an amendment may be offered. However, 
  if the amendment is ruled out on a point of order, the previous 
  question may again be moved and takes precedence over the offering of 
  another amendment. Deschler Ch 23 Sec. 20.3. Once the proponent of an 
  amendment has been recognized for debate, such Member may not be taken 
  from the floor by another Member seeking to move the previous 
  question. Deschler Ch 23 Sec. 20.7.
      In the House as in the Committee of the Whole, a Member recognized 
  to debate a pro forma amendment may not be taken from the floor by the 
  motion for the previous question. 92-2, May 8, 1972, pp 16154, 16157.

                 The Motion to Strike the Enacting Clause

      Under clause 9 of rule XVIII, the motion to strike the enacting 
  clause takes precedence over a motion to amend. Manual Sec. 989. The 
  motion may be offered while an amendment is pending. 5 Hinds 
  Sec. 5328; 8 Cannon Sec. 2624.

[[Page 22]]

      In the Committee of the Whole, where the motion is utilized under 
  the modern practice, the motion must be phrased as a recommendation, 
  because only the House can directly reach the enacting clause. Where 
  the House rejects a recommendation to strike the enacting clause, the 
  House resolves itself without motion into the Committee of the Whole 
  for further consideration of the bill. Deschler Ch 19 Sec. 10.9.

      The gentle___ from  _____ moves that the Committee do now rise and 
    report the bill back to the House with the recommendation that the 
    enacting clause be stricken.

      In the Committee of the Whole, the motion is subject to debate 
  under the five-minute rule. Only two five-minute speeches are in 
  order, one in favor of, one in opposition to, the motion. Although the 
  motion to strike the enacting clause is pending, not even a pro forma 
  amendment to strike the last word is entertained. 8 Cannon Sec. 2627.
      For general discussion of the motion to strike the enacting 
  clause, see Committee of the Whole.

                            The Motion to Rise

      With one exception in the Committee of the Whole, a motion to 
  amend a bill has precedence over a motion to rise and report it to the 
  House. 4 Hinds Sec. Sec. 4752-4758. However, the motion to amend 
  yields to the simple motion that the Committee rise. 4 Hinds 
  Sec. 4770. Under clause 2(d) of rule XXI, the motion to rise and 
  report, if offered by the Majority Leader (or designee), takes 
  precedence over an amendment proposing a limitation after a general 
  appropriation bill has been completely read for amendment. Manual 
  Sec. 1040. In the 109th Congress, the House adopted a resolution 
  creating a point of order against a motion to rise and report an 
  appropriation bill that exceeded an applicable allocation of new 
  budget authority under section 302(b) of the Congressional Budget Act 
  of 1974. Such a point of order has been carried forward in subsequent 
  Congresses by separate order contained in the opening-day rules 
  package. Manual Sec. 1044b.
      For 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

[[Page 23]]

  Hinds Sec. 5754; Manual Sec. 927. Unless precluded by the operation of 
  the previous question, the motion to amend may be applied to a motion:

     To postpone. 5 Hinds Sec. 5754; 8 Cannon Sec. 2824.
     To amend. 5 Hinds Sec. 5754.
     To refer. 5 Hinds Sec. 5754.
     To recommit. 5 Hinds Sec. 5521; 8 Cannon Sec. Sec. 2695, 2738, 
         2762.
     To recommit with instructions. 8 Cannon Sec. Sec. 2698, 2699, 
         2712, 2759.
     To declare a recess. 5 Hinds Sec. 5754.
     To instruct conferees. 8 Cannon Sec. Sec. 3231, 3240.
     To change the reference of a public bill if the amendment is 
         authorized by the appropriate committee. Manual Sec. 825; 7 
         Cannon Sec. 2127. But see 4 Hinds Sec. 4378.

                            When Not Permitted

      A motion to amend may not be applied to a motion:

     To order the previous question. Manual Sec. 452.
     To table. 5 Hinds Sec. 5754.
     To suspend the rules, although a motion to suspend the rules 
         and pass a measure may include a proposed amendment to the 
         measure. 5 Hinds Sec. Sec. 5405, 6858, 6859.
     To adjourn, as by specifying a particular day. 5 Hinds 
         Sec. Sec. 5360, 5754.
     To go into the Committee of the Whole to consider a privileged 
         bill. Manual Sec. 927; 6 Cannon Sec. Sec. 52, 724.
     To take up a designated bill in the Committee of the Whole. 8 
         Cannon Sec. 2865.
     To strike the enacting clause. 8 Cannon Sec. 2626.

      An amendment may not be offered to a motion against which a point 
  of order is pending. See Points of Order; Parliamentary Inquiries. 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 Orders of Business

      Bills are frequently considered pursuant to the terms of a special 
  order of business resolution reported by the Committee on Rules. Such 
  special orders may specify the amendments that may be offered to the 
  bill, the kind and number of amendments that may be offered, and the 
  order of consideration and voting thereon. Deschler Ch 27 Sec. 3. The 
  Committee on Rules may report a resolution providing procedures to 
  govern the consideration of a measure even where the measure is 
  already pending in the Committee of the Whole. Deschler Ch 27 
  Sec. 3.77; see also Special Orders of Business.


[[Page 24]]


      Legislation may be considered:

     Under an ``open'' rule, which places no restrictions on 
         amendment.
     Under a rule that is ``closed'' or ``modified-closed'' that 
         strictly restricts the universe of amendments to, for example, 
         amendments specified in the report of the Committee on Rules 
         accompanying the rule.
     Under a rule that is ``open in part,'' ``closed in part,'' or 
         ``open for a time, closed thereafter.''
     Under a rule that is ``modified open,'' which places minor 
         restrictions on amendments, for example, requiring preprinting 
         in the Congressional Record.

      Where a bill is being considered in the Committee of the Whole 
  under an ``open'' rule, germane amendments to the bill are in order 
  under the standing rules of the House. Deschler Ch 27 Sec. 3.7. Where 
  a bill is being considered under a ``closed'' rule, even pro forma 
  amendments are not in order. Deschler Ch 27 Sec. 3.34. A ``modified-
  closed rule'' permits only designated amendments or a designated class 
  of amendments. Deschler Ch 21 Sec. 22.8.
      The Committee of the Whole may not substantively restrict the 
  offering of amendments in contravention of a special order of business 
  adopted by the House. Manual Sec. 993; Deschler Ch 27 Sec. 3. However, 
  a unanimous-consent request may be entertained in the Committee of the 
  Whole if its effect is to allow procedures that differ only in minor 
  or incidental respects from the procedure required by a special order 
  of business adopted by the House. By unanimous consent, the House may 
  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). For a list of unanimous-consent 
  requests that have been permitted in the Committee of the Whole, see 
  Manual Sec. 993.
      A special order of business 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 order of business 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 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 of business has 
  been applied in recent years to expedite the amendment process. Such a 
  rule may provide that a specified amendment ``shall be considered to 
  have been adopted.'' The committee has also reported rules that have 
  ``self-executed''

[[Page 25]]

  the adoption of an amendment that became original text for the purpose 
  of further amendment. Manual Sec. 855; Deschler-Brown Ch 31 
  Sec. 10.14.


  Sec. 12 . -- Amendments Printed in the Congressional Record

      The Committee on Rules may report a rule that precludes amendments 
  that have not been printed in the Congressional Record. An amendment 
  similar but not identical to the text of an amendment printed in the 
  Record has been held out of order under such a rule. Only the House, 
  by unanimous consent, may permit the offering of an amendment that 
  differs in any way from an amendment permitted under the rule. 
  However, an offeror may modify an amendment by unanimous consent in 
  the Committee of the Whole once pending. Manual Sec. 993; Deschler Ch 
  27 Sec. Sec. 3.25-3.27.
      Where a special order of business restricts the offering of 
  amendments to those printed in the Congressional Record but does not 
  specify the Members who must offer them, the right to propose 
  amendments properly inserted in the Record inures to all Members. 105-
  2, Sept. 17, 1998, pp 20838, 20839.
      A special order of business prohibiting amendments to a bill 
  except those printed in the Congressional Record does not apply to 
  amendments in the second degree unless so specified. Deschler Ch 27 
  Sec. 3.13.


                     B. Permissible Pending Amendments


  Sec. 13 . In General; The Stages of Amendment
  
  
      The checklist below and the above chart show the four common 
  motions that may be pending simultaneously under clause 6 of rule XVI 
  (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; Deschler Ch 27 
  Sec. 1.

[[Page 26]]

      The amendments shown in the chart are amendments in the first or 
  second degree. Amendments beyond the second degree, such as an 
  amendment to the amendment to the amendment to the pending text, are 
  not in order. See Sec. 1, supra; Sec. 14, infra. Frequently, however, 
  as by a special order of business, 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 order of business reported by 
  the Committee on Rules may specifically permit the offering of 
  amendments beyond the second degree. 94-1, Feb. 27, 1975, p 4593. In 
  one instance, pursuant to a special order of business, up to eight 
  amendments to the pending text were pending simultaneously. 96-1, May 
  15, 1979, p 1050.
      There is no limit to the number of amendments that may be offered 
  either to an amendment or to a substitute so long as not changing a 
  previously adopted amendment. When one second-degree amendment has 
  been disposed of, another can be offered. Deschler Ch 27 Sec. 5.16. 
  Where both an amendment and a substitute have been offered, each may 
  have one amendment pending to it at one time. Deschler Ch 26 
  Sec. Sec. 5.14, 5.15.

                       Perfecting the Original Text

      It is in order to offer a perfecting amendment to the pending 
  portion of original text, even though there is pending an amendment in 
  the nature of a substitute for the pending measure. Deschler Ch 27 
  Sec. 5.34. Likewise, where there is pending a motion to strike a title 
  of a bill, perfecting amend

[[Page 27]]

  ments to that title may nevertheless be offered and voted on before 
  voting on the motion to strike. Deschler Ch 27 Sec. 5.11.

                        Amending Pending Amendments

      Only one amendment to a pending amendment may be pending at one 
  time. Deschler Ch 27 Sec. Sec. 5.7, 5.17, 5.24. However, as soon as an 
  amendment to an amendment is adopted or rejected another is in order 
  seriatim until the amendment is perfected; and only after disposition 
  of the amendment will further amendment of the bill be allowed. 
  Deschler Ch 27 Sec. 5.5.

                      Amending Substitute Amendments

      A substitute for an amendment is subject to amendment. Deschler Ch 
  27 Sec. Sec. 5.3, 5.4. Thus, where an amendment, an amendment thereto, 
  and a substitute for the original amendment are pending, it is in 
  order to offer an amendment to the substitute. Deschler Ch 27 
  Sec. 5.13. Other amendments to the substitute are in order following 
  disposition of the pending amendment to the substitute. Deschler Ch 27 
  Sec. 5.25.

             Amending Amendments in the Nature of a Substitute

      When specifically made in order, an amendment in the nature of a 
  substitute may be considered as original text for purposes of 
  amendment. Accordingly, where pursuant to a special order of business 
  a committee amendment in the nature of a substitute is being read as 
  original text for purpose of amendment, there may be pending to that 
  text (1) an amendment, (2) a substitute therefor, and (3) amendments 
  to both the amendment and the substitute. Deschler Ch 27 Sec. 5.32. As 
  often as amendments to the amendment are disposed of, further 
  amendments may be offered and voted upon before voting on the 
  amendment to the substitute. Deschler Ch 27 Sec. 5.21.


  Sec. 14 . Amendments in the Third Degree
  
  
      The following chart shows the four common forms of amendments in 
  the first or second degree and distinguishes them from amendments in 
  the third degree.
      Amendments in the third degree are not in order. 5 Hinds 
  Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line 
  must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has 
  drawn it after the amendment to the amendment.'' Manual Sec. 454. This 
  principle is reflected in clause 6 of rule XVI and is considered 
  fundamental in the House of Representatives. Manual Sec. 922; Deschler 
  Ch 27 Sec. 6. Thus, as shown by the chart, an amendment to an 
  amendment to an amendment is in the third degree and

[[Page 29]]

  not in order. Deschler Ch 27 Sec. 6.2. Until the amendment to the 
  amendment is disposed of, no further amendment to the amendment may be 
  offered. Deschler Ch 27 Sec. 6.12.
      The prohibition against amendments in the third degree also 
  applies to amendments between the House and Senate. If a bill 
  originating in one House is amended by the other, the originating 
  House may amend the amendment; and the second House may again amend. 
  Any further amendment between the Houses would be in the third degree. 
  Manual Sec. 529. However, the House has on occasion adopted a special 
  order of business (waiving applicable points of order) that provided 
  for consideration of a motion to concur in a Senate amendment with a 
  further House amendment that broached the third degree. 110-2, June 
  19, 2008, p 13052; 110-2, July 23, 2008, p __; 110-2, Sept. 28, 2008, 
  p __; 111-2, Mar. 4, 2010, p __.

             Substitutes for Pending Amendments Distinguished

      As shown by the following chart, a substitute for a pending first-
  degree amendment is subject to amendment, whereas a perfecting 
  amendment to an amendment is not, as that would be in the third 
  degree. Manual Sec. 923; Deschler Ch 27 Sec. 6. The substitute 
  permitted by clause 6 of rule XVI is an alternative to the original 
  first-degree amendment 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, both such amendments being in the third degree. 
  Deschler Ch 27 Sec. 6.2.
      Although a perfecting amendment to a pending substitute should 
  retain some portion of the substitute so as not to be in effect a 
  substitute in the third degree, the Chair does not look behind the 
  form of the amendment in the absence of a timely point of order from 
  the floor. Deschler Ch 27 Sec. 6.21.

                 Amendments in the Nature of a Substitute

      Normally, an amendment to or a substitute for an amendment to an 
  amendment in the nature of a substitute would be in the third degree 
  and not in order. This principle, however, would not apply if the 
  amendment in the nature of a substitute were being considered as 
  original text for purposes of amendment. Deschler Ch 27 Sec. 6.15 
  (note). Where an amendment in the nature of a substitute is considered 
  as original text for the purpose of amendment, pursuant to a special 
  order of business, an amendment to an amendment thereto is not in the 
  third degree and is in order. Deschler Ch 27 Sec. 6.18.

[[Page 30]]

                 Amendments While Motion to Strike Pending

      While a motion to strike is pending, it is in order to offer an 
  amendment to perfect the language proposed to be stricken; such a 
  perfecting amendment (which is in the first degree) may be amended by 
  a substitute (also in the first degree), and amendments to the 
  substitute are thus in the second degree and therefore in order. 
  Deschler Ch 27 Sec. 6.20.

                           Pro Forma Amendments

      In the Committee of the Whole, pro forma amendments are 
  technically not in order where the four permitted amendments are 
  pending if the point of order is raised, as they would constitute 
  amendments in the third degree. However, the Chair has hesitated to 
  rule out of order pro forma amendments as being in the third degree, 
  because the Committee has the power to close debate when it chooses 
  and has permitted such amendments to be offered by unanimous consent. 
  Deschler Ch 27 Sec. 6.22.


             C. When to Offer Amendment; Reading for Amendment


  Sec. 15 . In General; Reading by the Clerk

      A second reading occurs in the Committee of the Whole after 
  general debate when a measure is read for amendment under clause 5 of 
  rule XVIII. Under clause 5(a) of rule XVIII, amendments are not in 
  order in the Committee of the Whole until general debate has been 
  closed. 4 Hinds Sec. 4744. Amendments are then debated under the five-
  minute rule. Manual Sec. 978. The bill is read for amendment, and 
  amendments are offered and debated at the appropriate point in the 
  reading. Thus, when a bill is being read for amendment in the 
  Committee of the Whole by section, it is not in order to offer 
  amendments except to the one section under consideration. Deschler Ch 
  27 Sec. 7. After a section or paragraph has been passed, it is no 
  longer subject to amendment. Manual Sec. Sec. 413, 980.
      Bills are ordinarily read for amendment by section or paragraph in 
  sequence. However, the House, by unanimous consent or special order of 
  business, may vary the reading of a bill for amendment under the five-
  minute rule in the Committee of the Whole, which may include 
  dispensing with the reading entirely. Deschler Ch 27 Sec. Sec. 7.1, 
  7.18.

                       House Practice Distinguished

      In the House, amendments to measures on the House Calendar are 
  made where the Member calling up the measure yields for an amendment, 
  or if the previous question is not moved or ordered, pending the 
  engrossment and

[[Page 31]]

  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 by section or paragraph. 4 Hinds Sec. 3392.

            Practice in House as in the Committee of the Whole

      Where a bill is by unanimous consent considered in the House as in 
  the Committee of the Whole, the bill is considered as read and open to 
  amendment at any point under the five-minute rule. Deschler Ch 27 
  Sec. 11.22. This is so despite the fact that the House has previously 
  adopted a special order of business providing that the bill be read by 
  title in the Committee of the Whole because that order of the House 
  had been superseded by a subsequent order of the House. Deschler Ch 27 
  Sec. 7.2.


  Sec. 16 . Amendments to Text Passed in the Reading

      In the Committee of the Whole, amendments to a section are in 
  order after the section has been read or the reading dispensed with 
  and remain in order until the reading of the next portion to be 
  considered. Deschler Ch 27 Sec. 7. Generally, an amendment comes too 
  late when the Clerk has read beyond the section to which the amendment 
  applies. 8 Cannon Sec. 2930; Deschler Ch 27 Sec. 8.1.
      An amendment offered as a new section is in order to a bill being 
  read by section after the Clerk has read up to, but not beyond, the 
  point at which the amendment would be inserted. The amendment must be 
  offered after the consideration of the section of the bill that it 
  would follow, and comes too late after the next section of the bill 
  has been read for amendment. Deschler Ch 27 Sec. 8.17. A section is 
  considered passed for the purpose of amendment after an amendment 
  inserting a new section has been adopted following that section. 
  Deschler Ch 27 Sec. 8.12. An amendment adding a new section at the end 
  of a bill is in order after the last section of the bill has been 
  read, even though other amendments adding new sections have been 
  adopted. Deschler Ch 27 Sec. 7.35.
      To be timely, an amendment must be offered at the appropriate 
  place in the reading. A point of order that an amendment to a section 
  or a paragraph of a bill comes too late does not lie where the Member 
  offering the amendment was standing and seeking recognition before the 
  section or paragraph was passed in the reading. Deschler Ch 27 
  Sec. 8.22. The Chair has on occasion directed the Clerk to reread a 
  paragraph of a bill where there was doubt as to how far the Clerk had 
  read. Deschler Ch 27 Sec. 8.4.

[[Page 32]]

  Sec. 17 . Amendments to Text Not Yet Read; Amendments En Bloc

      It is not in order to strike or otherwise amend portions of a bill 
  not yet read for amendment. Deschler Ch 27 Sec. 9. Even committee 
  amendments printed in a bill are not considered until the section 
  where they appear is read for amendment. Deschler Ch 27 Sec. 9.4. 
  Unless permitted by a special order of business, amendments to a 
  pending title of a bill and to a subsequent title may be offered en 
  bloc only by unanimous consent. Deschler Ch 27 Sec. 9.13. Similarly, 
  to a bill being read for amendment by section, amendments to more than 
  one section may be considered en bloc by unanimous consent only. 
  Deschler Ch 27 Sec. 9.14.
      During the reading of an appropriation bill, clause 2(f) of rule 
  XXI permits the offering of certain budget-neutral amendments to text 
  not yet read. Such amendments may propose only to transfer 
  appropriations among objects in the bill and are not subject to 
  division. Manual Sec. 1042.


  Sec. 18 . Amendments to Bills Considered as Read and Open to Amendment

      Unless permitted by a special order of business, a bill may be 
  considered as read and open to amendment at any point only by 
  unanimous consent. A motion to that effect is not in order. Deschler 
  Ch 27 Sec. 11.2. Similarly, during the reading of a section for 
  amendment, that section can be considered as read and open to 
  amendment at any point only by unanimous consent. Deschler Ch 27 
  Sec. 11.4. Where consent is granted that the remainder of the bill be 
  open to amendment at any point, amendments may then be offered to any 
  portion of the bill not yet read for amendment at the time the 
  permission is granted and amendments remain in order to that portion 
  of the bill pending when the request was granted. Deschler Ch 27 
  Sec. 11.9; 94-1, June 4, 1975, p 16899. However, an agreement that the 
  remainder of the bill be considered read and open for amendment at any 
  point does not admit an amendment to a portion of the bill already 
  passed in the reading. Deschler Ch 27 Sec. 11.8. Points of order 
  against the text open to amendment are disposed of before the offering 
  of amendments. See Points of Order; Parliamentary Inquiries.


  Sec. 19 . Amendments in the Nature of a Substitute

      Unless the bill is considered as having been read for amendment, 
  an amendment in the nature of a substitute for a bill is in order only 
  after the first section (or paragraph) of the bill has been read for 
  amendment or following the reading of the final section (or paragraph) 
  of the bill. Deschler

[[Page 33]]

  Ch 27 Sec. Sec. 12.1, 12.2, 12.4. To a bill being read for amendment 
  by title, an amendment in the nature of a substitute for the entire 
  bill may be offered either after the reading of the ``short title'' of 
  the bill (which is normally a separate section of the bill preceding 
  title I) or at the conclusion of the reading of the whole bill. 
  Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute for a bill is not in 
  order at an intermediate stage of the reading unless the bill is 
  considered as having been read for amendment, in which case an 
  amendment in the nature of a substitute may be offered at any time 
  during consideration of the bill. Deschler Ch 27 Sec. Sec. 12.3, 
  12.10.
      Although an amendment in the nature of a substitute may ordinarily 
  be offered after the reading of the first section of a bill being read 
  by section and before committee amendments adding new sections, where 
  a bill consists of one section and is therefore open to amendment at 
  any point when read, committee amendments adding new sections are 
  considered perfecting amendments and are disposed of before the 
  offering of amendments in the nature of a substitute. Deschler Ch 27 
  Sec. 12.13.
      An amendment in the nature of a substitute is in order after an 
  entire bill has been read and perfecting amendments have been adopted 
  thereto, as long as such perfecting amendments have not changed the 
  bill in its entirety. Deschler Ch 27 Sec. 12.16. Similarly, an 
  amendment in the nature of a substitute may be offered for a bill (or 
  for an amendment being considered as original text) after the reading 
  thereof has been completed, if another amendment in the nature of a 
  substitute has not been previously adopted. Deschler Ch 27 Sec. 12.6. 
  For substitutes for amendments in the nature of a substitute, see 
  Sec. 24, infra.


  Sec. 20 . Recognition to Offer Amendments; Priority

                         Necessity of Recognition

      Under clause 2 of rule XVII, decisions on recognition rest with 
  the Chair. Therefore, a Member wishing to offer an amendment must 
  first be recognized by the Chair for that purpose; and a Member 
  holding the floor under the five-minute rule may not yield to another 
  Member to offer an amendment. 2 Hinds Sec. 1422; Deschler Ch 27 
  Sec. Sec. 4.1, 4.6.

                            Discretion of Chair

      Except where governed by a special order of business, recognition 
  for the purpose of offering amendments is within the discretion of the 
  Chair. Deschler Ch 27 Sec. Sec. 4.2, 4.3. No point of order lies 
  against the Chair's recognition of one Member over another. Deschler 
  Ch 27 Sec. 4.4. Nevertheless,

[[Page 34]]

  in the absence of a controlling special order of business, the Chair 
  ordinarily follows the many precedents and practices that serve as 
  guidelines to the Chair in according recognition to Members to offer 
  amendments. Deschler Ch 27 Sec. 4.35. For example, the Chair may 
  accord recognition pursuant to the principle of alternation between 
  majority and minority parties or on the priority of perfecting 
  amendments over motions to strike. Deschler Ch 27 Sec. 4.19. Decisions 
  on questions of recognition are not subject to appeal. Manual 
  Sec. 949.

                     Priority of Committee Amendments

      Amendments recommended by a committee reporting a bill are 
  normally considered before amendments offered from the floor, 
  including instances where a bill is considered read and open to 
  amendment. Deschler Ch 27 Sec. 4.34. Thus, perfecting committee 
  amendments to a paragraph under consideration are disposed of before 
  amendments from the floor are considered. Deschler Ch 27 Sec. 4.33. A 
  special order of business will often make in order a committee 
  amendment in the nature of a substitute as the base text for purposes 
  of further amendment.

               Committee Membership as Basis for Recognition

      The Chair ordinarily accords priority in recognition to members of 
  the committee reporting the bill, if on their feet seeking 
  recognition. Deschler Ch 27 Sec. 4.8. This is so despite the party 
  affiliation of such Members. Deschler Ch 27 Sec. 4.10.
      Members of the reporting committee or committees are normally 
  accorded prior recognition in order of full-committee seniority and 
  not by the sequence of lines in the pending paragraph to which those 
  amendments may relate. Deschler Ch 27 Sec. Sec. 4.11, 4.13, 4.30. It 
  is within the discretion of the Chair as to whether a majority or 
  minority member of the committee will be recognized first. 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. 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).

[[Page 35]]

   D. Offering Particular Kinds of Amendments; Precedence and Priorities


  Sec. 21 . Introductory; Perfecting Amendments

      Generally, the House follows the Jeffersonian principle that 
  language should be perfected before taking other action on it. 
  Deschler Ch 27 Sec. 15. ``[T]he friends of the paragraph,'' Jefferson 
  wrote, ``may make it as perfect as they can by amendments before the 
  question is put for inserting it. . . . In like manner, if it is 
  proposed to amend by striking a paragraph, the friends of the 
  paragraph are first to make it as perfect as they can by amendments, 
  before the question is put for striking it out.'' Manual Sec. 469. An 
  important exception to this rule is that a motion to strike the 
  enacting words of a bill, being a device used for purposes of 
  rejecting the bill, has precedence over a motion to amend the bill. 
  Clause 9 of rule XVIII; Manual Sec. 988.
      A motion to strike and a perfecting amendment may be pending 
  simultaneously. They must be voted on separately and in a specified 
  order. Sec. 28, infra. When a motion to strike is pending, an 
  amendment to perfect the text proposed to be stricken may be offered 
  as preferential. When an amendment to perfect is pending, a motion to 
  strike must wait. Deschler Ch 27 Sec. 15.1. They may not be offered as 
  amendments to or substitutes for one another. When a motion to strike 
  a pending portion of a bill is pending, perfecting amendments are in 
  order to the text proposed to be stricken--not to the motion to 
  strike. Deschler Ch 27 Sec. 15.13.

                   Precedence Over the Motion to Strike

      A perfecting amendment to the text of a bill is in order and takes 
  precedence over a pending motion to strike the text and is first to be 
  voted on. Deschler Ch 27 Sec. Sec. 15.3, 15.4. Thus, an amendment 
  inserting new words is in order and takes precedence over a pending 
  motion to strike that portion of the text. Deschler Ch 27 Sec. 15.7.
      Perfecting amendments to a paragraph may be offered (one at a 
  time) while a motion to strike the paragraph is pending, and such 
  perfecting amendments are first disposed of. Deschler Ch 27 
  Sec. Sec. 15.5, 15.15. Under this rule, where a perfecting amendment 
  is offered and rejected, a second perfecting amendment may be offered 
  and disposed of before the vote on a motion to strike. If the motion 
  to strike is ultimately defeated, further perfecting amendments to the 
  pending text are yet in order. Deschler Ch 27 Sec. Sec. 15.8, 15.26.

[[Page 36]]

      A motion to strike a pending portion of a bill will be held in 
  abeyance until perfecting amendments to that portion are disposed of. 
  Manual Sec. 469. However, a Member who has been recognized to debate 
  the 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 five minutes in support of the 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.
      In the case of preferential perfecting amendments to the text 
  offered pending a motion to strike that text, such a motion to strike 
  must still be voted upon regardless of whether or not such perfecting 
  amendments are adopted (assuming that the perfecting amendments do not 
  change the entire pending text). Deschler Ch 27 Sec. 15.24. However, 
  if perfecting amendments are agreed to, and are coextensive with the 
  material proposed to be stricken, the motion to strike the amended 
  text falls and is not acted on. Deschler Ch 27 Sec. 15.25.

          Precedence Over Amendment in the Nature of a Substitute

      Where a bill consists of several sections, an amendment in the 
  nature of a substitute should be offered after the reading of the 
  first section and following disposition of perfecting amendments to 
  the first section. Deschler Ch 27 Sec. 15.40 (note). Indeed, a 
  perfecting amendment to the first section of a bill may be offered 
  while an amendment in the nature of a substitute for the entire bill 
  is pending. Deschler Ch 27 Sec. 15.32. A perfecting amendment to a 
  pending paragraph of a bill is in order and is not precluded by the 
  intervention of a single substitute for the paragraph and several of 
  those following. Deschler Ch 27 Sec. 15.33.


  Sec. 22 . Motions to Strike

      Amendments proposing to strike a section of a bill are in order 
  after perfecting amendments to the section are disposed of. Deschler 
  Ch 23 Sec. 17.3. A motion to strike a section or paragraph is not in 
  order while a perfecting amendment is pending. Deschler Ch 27 
  Sec. Sec. 16.6, 17.1. The motion to strike, if already pending, must 
  remain in abeyance until the amendment to perfect has been disposed 
  of. Manual Sec. 469; 5 Hinds Sec. 5758; 8 Cannon Sec. 2860. Because a 
  provision must be perfected before the question is put on striking it 
  out, a motion to strike a paragraph or section may not be offered as a 
  substitute for a pending motion to perfect the paragraph or section, 
  including where the pending perfecting amendment is a motion to strike 
  and insert new text. Deschler Ch 27 Sec. Sec. 17.15-17.18. Although 
  the motion to

[[Page 37]]

  strike is not in order in this situation as a substitute, it may be 
  offered after disposition of the perfecting amendment to strike and 
  insert if more comprehensive in scope. Deschler Ch 27 Sec. Sec. 17.30-
  17.32.
      Although an amendment that has been agreed to may not be modified, 
  a proposition to strike it from the bill with other language of the 
  original text is in order. 8 Cannon Sec. 2855. Thus, if the pending 
  title of a bill is perfected by an amendment adding a new section 
  thereto, and the Committee of the Whole thereafter agrees to a motion 
  to strike the entire title, the words added by the perfecting 
  amendment are eliminated along with the rest of the title. 91-1, Oct. 
  3, 1969, p 28454.
      To a motion to strike certain text and insert new language, a 
  simple motion to strike all that text may not be offered as an 
  amendment, as it would have the effect of dividing the motion to 
  strike and insert, which is prohibited by clause 5 of rule XVI. 
  Deschler Ch 27 Sec. 17.23.


  Sec. 23 . Motions to Strike and Insert

      As a perfecting amendment, a motion to strike and insert takes 
  precedence over a pending motion to strike. 8 Cannon Sec. 2849. It may 
  be offered while the motion to strike is pending and is first acted 
  upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed 
  to, and is coextensive with the motion to strike, the motion to strike 
  the amended text falls and is not acted on. Deschler Ch 27 Sec. 16.4.
      Under clause 5 of rule XVI, a motion to strike and insert is 
  indivisible. Manual Sec. 920. For this and other reasons, a motion to 
  strike is not in order as a substitute for a pending motion to strike 
  and insert. Deschler Ch 27 Sec. 17.18. Conversely, a motion to strike 
  and insert a portion of a pending section is not in order as a 
  substitute for a motion to strike the section, but may be offered as a 
  perfecting amendment to the section and is first voted upon, subject 
  to being eliminated by subsequent adoption of the motion to strike. 
  Deschler Ch 27 Sec. 17.7. See also Sec. 4, supra.


  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

[[Page 38]]

  is then in order until the Chair puts the question on the amendment. 
  Deschler Ch 27 Sec. 18.3.

         Substitutes for Amendments in the Nature of a Substitute

      An amendment in the nature of a substitute is subject to amendment 
  by a substitute therefor, and the substitute is in order even after 
  perfecting amendments have been adopted to the amendment in the nature 
  of a substitute. Deschler Ch 27 Sec. Sec. 18.18, 18.19.

                    Reoffering Substitute Propositions

      Whether a proposition contained in a substitute may be reoffered 
  in a different form after it has failed of approval depends on the 
  circumstances. If the language of the substitute is reoffered in such 
  a way as to present precisely the same question that has already been 
  voted on, it would not be in order. Where an amendment is altered by 
  adoption of a substitute, and then is rejected as so amended, the 
  language of the substitute cannot be reoffered at that point as a 
  first-degree amendment. See Deschler Ch 27 Sec. 18.25 and note. 
  Clearly, however, where the actual proposition was never voted on 
  because of changes made through the amendment process, the proposition 
  may be offered again as, for example, an amendment to text. Where an 
  amendment is offered, and then a substitute for that amendment, the 
  consideration of that substitute necessarily proceeds with reference 
  only to the particular amendment to which offered. This may present a 
  different question from that which would arise if the language of the 
  substitute were considered with reference to the text of the bill. 
  Manual Sec. 923; see also 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and 
  Deschler Ch 27 Sec. 18.25 (note).


  Sec. 25 . Offering Amendments During Yielded Time

                               In the House

      A measure being considered in the House is not subject to 
  amendment unless the Member in control yields for that purpose or the 
  previous question is either not moved or is rejected. Deschler Ch 27 
  Sec. 13.6; see Sec. 26, infra. Ordinarily, an amendment to the measure 
  may be offered only by the Member having the floor unless such Member 
  yields to another for that purpose; and it is within the discretion of 
  the Member in charge whether, and to whom, to 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, despite a prior announced intention not 
  to yield for such purpose. 8 Cannon Sec. 2470. The Member so yielded 
  to may

[[Page 39]]

  then offer an amendment, be recognized for an hour, and may yield time 
  to others. Deschler-Brown Ch 29 Sec. 30.7.
      A Member who has the floor in debate in the House may not yield to 
  another Member to offer an amendment without losing control of the 
  time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment 
  a Member loses the 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 the time. 8 Cannon Sec. 2477.

                       In the Committee of the Whole

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. A Member wishing to offer an 
  amendment under the five-minute rule must seek recognition from the 
  Chair and may not be yielded the floor for that purpose by another 
  Member. Deschler Ch 27 Sec. 13.7.


  Sec. 26 . Effect of Previous Question; Expiration of Time for Debate

                         Generally; House Practice

      The adoption of the previous question precludes further debate or 
  amendment on the pending measure and brings the House to an immediate 
  vote thereon. Clause 1 of rule XIX; 5 Hinds Sec. Sec. 5486, 5487; 
  Deschler Ch 27 Sec. 14.1. The previous question may be moved (1) on a 
  pending amendment; (2) on the underlying measure; 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 clause 2 of rule XIX. Manual Sec. Sec. 1001, 1002; 
  see Refer and Recommit.
      The previous question is sometimes ordered on nondebatable motions 
  for the specific purpose of preventing amendments thereto. 5 Hinds 
  Sec. 5490.

          Expiration of Debate Time in the Committee of the Whole

      An amendment to a pending section of a bill being considered in 
  the Committee of the Whole may be offered notwithstanding the 
  expiration of all time for debate on the section and any amendments 
  thereto. Deschler Ch 27 Sec. 14.9. Under clause 8 of rule XVIII, the 
  expiration of a limitation on debate under the five-minute rule does 
  not prohibit the offering of further amendments, but such amendments 
  are not subject to debate if not printed in the Congressional Record. 
  Manual Sec. 987; Deschler Ch 27 Sec. 14.10. However, where a special 
  order of business limits the time for consideration of

[[Page 40]]

  amendments, an amendment may not be offered upon the expiration of 
  that time limitation. Manual Sec. 993; see also Consideration and 
  Debate.


                        E. Consideration and Voting


  Sec. 27 . In General; Reading of Amendment

                                 Generally

      Amendments to a bill must be read in full or their reading 
  dispensed with in accordance with the rules. 8 Cannon Sec. 2339. This 
  is so even where the bill itself is considered as having been read for 
  amendment pursuant to a special order of business. Deschler Ch 27 
  Sec. 22. The reading of an amendment must be completed before an 
  amendment thereto is in order. Deschler Ch 27 Sec. 22.5.
      Amendments at the Clerk's desk must be offered by a Member before 
  they will be read by the Clerk. Deschler Ch 27 Sec. 7.27. They need 
  not be reoffered after they have been reported by the Clerk 
  notwithstanding suspension of consideration of the bill. Where the 
  Committee of the Whole resumes its consideration of a bill after an 
  interval of time, the Chair sometimes (without objection) directs the 
  Clerk to re-report the amendments that were pending at the time the 
  Committee rose. Deschler Ch 27 Sec. 22.3.

                           Numbering Amendments

      Amendments printed in the Congressional Record are numbered in the 
  order submitted for printing. Clause 8 of rule XVIII.

                          Dispensing with Reading

      The reading of an amendment may be dispensed with by unanimous 
  consent or waived pursuant to the provisions of a special order of 
  business. Deschler Ch 27 Sec. 22. The reading of an amendment in the 
  Committee of the Whole may also be dispensed with by motion if the 
  amendment has been printed in the bill as reported or if printed in 
  the Congressional Record by the offeror of the amendment. Clause 7 of 
  rule XVIII; Manual Sec. 986.

                           Re-reading Amendments

      An amendment that has been once read may not be read again except 
  by unanimous consent. Deschler Ch 27 Sec. 22.2. It is not within the 
  province of the Chair to analyze the effect of amendments, and the 
  Chair has declined to recognize for unanimous consent that the Clerk 
  read the ``differences'' between two pending amendments. Deschler Ch 
  27 Sec. 1.33.

[[Page 41]]

                   Amendment in the Nature of Substitute

      The reading of an amendment in the nature of a substitute must be 
  completed before an amendment thereto is in order. Deschler Ch 27 
  Sec. 22.5. An amendment in the nature of a substitute is not read by 
  section in the absence of a special order of business that specifies 
  to the contrary, and it is open to amendment at any point when read in 
  its entirety. Deschler Ch 27 Sec. 22.6. Where, pursuant to a special 
  order of business, an amendment in the nature of a substitute is being 
  read as an original bill for the purpose of amendment, the amendment 
  is read section by section, and substantive as well as pro forma 
  amendments are in order following the reading of each section. 
  Deschler Ch 27 Sec. 22.7.


  Sec. 28 . Order of Consideration Generally; Postponed and Clustered 
            Votes on Amendments

                              Voting Sequence

      The four forms of amendment permitted by clause 6 of rule XVI may 
  be pending simultaneously. Sec. 13, supra. However, as shown by the 
  following chart, they must be voted on in the sequence shown, as 
  follows: (1) amendments to the amendment, if any, are disposed of 
  first, seriatim, until the amendment is perfected; (2) amendments to 
  the substitute are next voted on, seriatim, until the substitute is 
  perfected; (3) the substitute is next voted on; and (4) the amendment 
  is voted on last, so that if the substitute has been agreed to, the 
  vote is on the amendment as amended by the substitute. Manual 
  Sec. 922; Deschler Ch 27 Sec. 23.
      An amendment to an amendment must be offered before the question 
  is put on the underlying amendment. Deschler Ch 27 Sec. Sec. 18.3, 
  18.4. Once a perfecting amendment to an amendment is disposed of, the 
  original amendment, as amended or not, remains open to further 
  perfecting amendment, and all such amendments are disposed of before 
  voting on substitutes for the original amendment and amendments 
  thereto. Deschler Ch 27 Sec. 23.9.
      Disposition of a perfecting amendment to a substitute amendment 
  does not preclude the offering of further perfecting amendments to the 
  substitute or the underlying amendment. However, once the substitute 
  is adopted, the Chair immediately puts the question on the original 
  amendment as amended by the substitute and further perfecting 
  amendments (including pro forma amendments) are not in order. Deschler 
  Ch 27 Sec. Sec. 23.8, 23.9.

[[Page 42]]

  
  


                   Effect of Special Orders of Business

      A special order of business resolution reported by the Committee 
  on Rules may reverse or alter the normal order of consideration of 
  amendments in the Committee of the Whole. Where the House has adopted 
  a special order of business permitting the consideration of amendments 
  in the Committee of the Whole only in a prescribed order, the 
  Committee of the Whole must rise to permit the House, by unanimous 
  consent, to change that order of consideration. Manual Sec. 993; 
  Deschler Ch 27 Sec. 23.

[[Page 43]]

                Postponed and Clustered Votes on Amendments

      Under clause 6(g) of rule XVIII, the chair of the Committee of the 
  Whole may postpone and cluster requests for recorded votes on 
  amendments to a subsequent place and time during the amendment process 
  as determined by the Chair. Special orders of business from the 
  Committee on Rules, before adoption of clause 6(g), routinely provided 
  the chair of the Committee of the Whole such authority. Manual 
  Sec. 984.
      Where a special order of business provided such authority, the 
  Chair has held:

     Use of that authority, and the order of clustering, was 
         entirely within the discretion of the Chair.
     An amendment pending as unfinished business where proceedings 
         on a request for a recorded vote had been postponed could be 
         modified by unanimous consent on the initiative of its 
         proponent.
     A request for a recorded vote on an amendment on which 
         proceedings had been postponed could be withdrawn by unanimous 
         consent before proceedings resumed on the request as unfinished 
         business, in which case the amendment stood disposed of by the 
         voice vote thereon.
     Unanimous consent is not required to withdraw a request for a 
         recorded vote on an amendment on which proceedings had been 
         postponed when the question recurs as unfinished business.
     Such authority did not permit the Chair to postpone a vote on 
         an appeal of a ruling of the Chair (even by unanimous consent).
     The Committee of the Whole by unanimous consent could vacate 
         postponed proceedings, thereby permitting the Chair to put the 
         question de novo.
     The Committee of the Whole could resume proceedings on 
         unfinished business consisting of a ``stack'' of amendments 
         even while another amendment was pending.

  Manual Sec. 984.

      Clause 6(g) also provides the Chair the ability to reduce to five 
  minutes the time for electronic voting on any such postponed question 
  that follows another electronic vote without intervening business. The 
  offering of a pro forma amendment to discuss the legislative program, 
  or an extended one-minute speech by a Member to express gratitude to 
  the Members on a personal matter, may be considered intervening 
  business such as to preclude a five-minute vote under this authority 
  except by unanimous consent. Manual Sec. 984.

  Sec. 29 . Committee Amendments

      Pending amendments, whether favorably or adversely recommended by 
  the committee reporting the bill, must be voted on. 8 Cannon 
  Sec. 2865. The

[[Page 44]]

  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.
      Absent a special order of business that provides otherwise, 
  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. Sec. 26.3, 26.5.
      Absent a special order of business that provides otherwise, where 
  a committee amendment proposes to strike a portion of the text, a 
  perfecting amendment from the floor may intervene before the vote is 
  taken on the committee amendment. See Sec. 21, supra.
      A committee amendment to the first paragraph or section of a bill 
  is voted on before a vote is taken on an amendment in the nature of a 
  substitute to strike all after the enacting clause and insert new 
  matter. Deschler Ch 27 Sec. 26.1.


  Sec. 30 . Amendments En Bloc; Use of Special Orders of Business

                                 Generally

      Amendments may be considered en bloc only by unanimous consent or 
  pursuant to a special order of business. Deschler Ch 27 
  Sec. Sec. 27.2, 27.3, 27.14-27.16. Amendments considered en bloc by 
  unanimous consent are subject to germane amendment after they have 
  been read. Once pending they are open to perfecting amendment at any 
  point. Deschler Ch 27 Sec. 27.7.
      En bloc amendments may be offered to a pending amendment, but it 
  is not in order to consider en bloc amendments to committee amendments 
  that have not yet been reported. Deschler Ch 27 Sec. 27.10. For en 
  bloc amendments to appropriation bills, see Appropriations.
      The en bloc consideration of amendments in the Committee of the 
  Whole pursuant to a unanimous-consent request therein does not 
  necessarily result in an en bloc vote in the House, because that is 
  merely an order of the Committee and not binding on the House. 
  Moreover, even amendments considered en bloc pursuant to a special 
  order of business are subject to a demand for a division of the 
  question in the House if divisible, unless prohibited by the rule. 
  Deschler Ch 27 Sec. 27.15 (note).

[[Page 45]]

                              Points of Order

      Where unanimous consent is requested that two or more amendments 
  be considered en bloc, points of order against any or all of them may 
  be made or reserved pending agreement to the request. Deschler Ch 27 
  Sec. 27.5. Amendments offered en bloc by unanimous consent are 
  considered as one amendment, and a single point of order against any 
  portion thereof renders the entire amendment subject to a point of 
  order. Deschler Ch 27 Sec. 27.5.

            Consideration Pursuant to Special Order of Business

      To expedite consideration of perfecting committee amendments to a 
  bill, the House may adopt a special order of business permitting their 
  consideration en bloc in lieu of separate consideration in the order 
  printed in the bill. Under such a special order of business, the 
  manager of the bill may request en bloc consideration after the 
  pending text is read and unanimous consent is not required. Deschler 
  Ch 27 Sec. Sec. 27.13, 27.14.

                         ``King of the Hill'' Rule

      The Committee on Rules has provided for the consideration of two 
  or more amendments under what is sometimes termed a ``king of the 
  hill'' procedure. The special order of business 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, June 3, 1992, p 13239.

             ``Top Vote Getter'' or ``Queen of the Hill'' Rule

      On occasion, the Committee on Rules has reported a rule that 
  permitted several alternative amendments to be considered in a 
  specified order with the one receiving the largest majority being 
  reported back to the House. See, e.g., 104-1, Jan. 25, 1995, p 2360.

                     ``First Amendment Adopted'' Rule

      On rules providing for the consideration of the concurrent 
  resolution on the budget, or on other rare occasions, the Committee on 
  Rules has waived all points of order against the amendments in the 
  nature of a substitute printed in the report accompanying the rule, 
  except that the adoption of an amendment in the nature of a substitute 
  constituted the conclusion of consideration of the concurrent 
  resolution for amendment. See, e.g., 106-2, Mar. 23, 2000, p 3342.

[[Page 46]]

  Sec. 31 . Perfecting Amendments; Motions to Strike

                Preference as Between Perfecting Amendments

      There are no degrees of preference as between perfecting 
  amendments. Deschler Ch 27 Sec. 24.1. However, perfecting amendments 
  to a section are considered before amendments proposing to insert new 
  sections. 8 Cannon Sec. 2356; Deschler Ch 27 Sec. 24.2.

      Preference as Between Perfecting Amendment and Motion to Strike

      All perfecting amendments to a section of a bill must be disposed 
  of before the vote on a pending motion to strike the section. Deschler 
  Ch 27 Sec. 24.3. After the first perfecting amendment has been 
  disposed of, another may be offered and the vote on the motion to 
  strike is again deferred until the amendment is disposed of. Deschler 
  Ch 27 Sec. 24.5. If the perfecting amendment as adopted changes all 
  the text proposed to be stricken, the motion to strike necessarily 
  falls and is not voted on. Deschler Ch 27 Sec. 24.15. The principle of 
  perfecting text before considering an amendment striking it from the 
  bill is followed even where the motion to strike is improperly drafted 
  as a second-degree amendment. Deschler Ch 27 Sec. 24.12.


  Sec. 32 . Substituting Amendments

                           Substitute Amendments

      A substitute for an amendment is not voted on until after 
  amendments to the amendment have been disposed of. 8 Cannon Sec. 2895. 
  If the substitute is rejected, the amendment is open to further 
  amendment; if the substitute is adopted, the question recurs on the 
  amendment as amended by the substitute. Deschler Ch 27 Sec. 25.1. 
  Thus, where an amendment in the nature of a substitute to a bill is 
  amended by the adoption of a substitute therefor, the question recurs 
  on the amendment in the nature of a substitute, as amended. Deschler 
  Ch 27 Sec. 25.2. The defeat of the amendment as amended by the 
  substitute results in the rejection of the language included in the 
  substitute as amended. Deschler Ch 27 Sec. 23.

                 Amendments in the Nature of a Substitute

      An amendment in the nature of a substitute for a bill may be 
  proposed before perfecting amendments to the pending portion of the 
  original text 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

[[Page 47]]

  that have been read are in order and are voted on before the question 
  is taken on the substitute. 8 Cannon Sec. 2861.
      Where a substitute--striking all of the text and inserting new 
  matter--for an amendment in the nature of a substitute is adopted, the 
  vote occurs immediately on the amendment, as amended, and no further 
  amendments to either proposition are in order, because the original 
  amendment has been changed in its entirety by the substitute. Deschler 
  Ch 27 Sec. 25.


  Sec. 33 . Points of Order

                                 Generally

      Points of order may lie against amendments that do not conform to 
  established rules and practices. For example, an amendment may be 
  barred because it violates the rule against amendments in the third 
  degree, the ``germaneness'' rule, the prohibition against inclusion of 
  legislation in an appropriation bill, or the prohibition against 
  inclusion of an appropriation in a legislative bill. See Sec. 14, 
  supra; Appropriations; and Germaneness of Amendments. For points of 
  order against amendments en bloc, see Sec. 30, supra.

                         Reserving Points of Order

      It is within the discretion of the Chair whether to permit a 
  reservation of a point of order against an amendment, how long such a 
  reservation can be maintained, and whether to dispose of the point of 
  order before debate on the amendment. If a point of order is reserved, 
  the Chair, with the sufferance of the Committee of the Whole, may 
  permit debate by the proponent on the merits of the amendment before 
  hearing argument on the point of order. The Chair then has the 
  discretion to insist that the point of order be made following debate 
  by the proponent of the amendment and before recognition of other 
  Members. If the point of order is made rather than reserved, the 
  Member making the point of order is immediately recognized for 
  argument thereon. See Points of Order; Parliamentary Inquiries.

                  Reservation as Inuring to Other Members

      One Member's reservation of a point of order against an amendment 
  protects the rights of all Members to insist on a point of order. The 
  reserving Member need not specify the basis of the reservation. 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. See Points of 
  Order; Parliamentary Inquiries.

[[Page 48]]

  Sec. 34 . -- Timeliness

                                 Generally

      Except as provided in the last paragraph of this section, a point 
  of order against an amendment is properly made (or reserved) 
  immediately after the reading thereof, following agreement to a 
  unanimous-consent request that the amendment be considered as read, or 
  at any time before debate has begun on the amendment. It should be 
  disposed of before amendments to that amendment are offered. 
  Similarly, a point of order against certain language should be decided 
  before recognition of another Member to offer an amendment to the 
  challenged language. See Points of Order; Parliamentary Inquiries.

                 Effect of Intervening Amendment or Debate

      A Member must exercise due diligence in raising a point of order. 
  A point of order against an amendment should be made or reserved 
  before the proponent of the amendment has been recognized to debate 
  the amendment. It cannot be raised after the proponent of the 
  amendment has been recognized and has begun debate. A point of order 
  against an amendment is not entertained where business has intervened 
  between the reading of the amendment and the making of the point of 
  order unless the intervening business is vacated. A unanimous-consent 
  request to modify the amendment does not constitute intervening 
  business. 106-1, Mar. 11, 1999, pp 4335-37. The re-reading of the 
  amendment by unanimous consent after there has been debate does not 
  permit the intervention of a point of order against the amendment. See 
  Points of Order; Parliamentary Inquiries.
      Although a point of order against an amendment ordinarily comes 
  too late if debate has begun thereon, the Chair has recognized a 
  Member to make or reserve a point of order against an amendment where 
  the Member raising the point was standing, seeking recognition, at the 
  time the amendment was read. See Points of Order; Parliamentary 
  Inquiries; Deschler Ch 27 Sec. 1.

             Points of Order That May Be Made ``At Any Time''

      Clause 4 and clause 5(a) of rule XXI refer to points of order that 
  may be ``raised at any time.'' Clause 4 deals with appropriations in a 
  bill reported by committees not having jurisdiction to report 
  appropriations and prohibits amendments carrying appropriations during 
  consideration of a bill reported by a committee not having that 
  jurisdiction. Clause 5(a) is aimed at tax or tariff measures contained 
  in a bill reported by a committee not having that jurisdiction, or 
  amendments of the Senate or amendments in the

[[Page 49]]

  House that are offered to a bill not reported therefrom. Points of 
  order under these rules must still be raised when the offending bill 
  or amendment is before the House for consideration. However, 
  intervening debate or amendments will not preclude a proper point of 
  order from being cognizable by the Chair when raised during the 
  pendency of the amendment under the five-minute rule. See Points of 
  Order; Parliamentary Inquiries.


  Sec. 35 . Debate on Amendments

      When general debate is closed in the Committee of the Whole, under 
  the five-minute rule the proponent of an amendment is allowed five 
  minutes in which to explain it, after which the Member who first 
  obtains the floor has five minutes in opposition. Clause 5 of rule 
  XVIII; Manual Sec. 978. These time limitations do not apply, of 
  course, where the measure is called up pursuant to a special order of 
  business that specifies other terms of debate. Under clause 3(c) of 
  rule XVII, a manager of a measure who opposes an amendment thereto is 
  entitled to close controlled debate thereon. See Consideration and 
  Debate.
      Where all time for debate on a section of a bill and amendments 
  thereto has expired, amendments may still be offered to the section, 
  but are voted on without debate, except in certain cases where a 
  Member has caused an amendment to be printed in the Congressional 
  Record pursuant to clause 8 of rule XVIII. Deschler Ch 27 Sec. 14.9. 
  For a discussion of limiting debate on amendments, see Consideration 
  and Debate.


  Sec. 36 . Withdrawal of Amendment

                       In the Committee of the Whole

      Under clause 5(a) of rule XVIII, an amendment may not be withdrawn 
  in the Committee of the Whole except by unanimous consent, unless 
  withdrawal authority is conferred by the House. Manual Sec. Sec. 905, 
  978; 5 Hinds Sec. Sec. 5221, 5753; 8 Cannon Sec. Sec. 2465, 2859; 
  Deschler Ch 27 Sec. 20.1. Thus, where a Member has been recognized by 
  the Chair to offer an amendment and the amendment has been reported by 
  the Clerk, unanimous consent is required to withdraw the amendment. 
  Deschler Ch 27 Sec. 20.4. However, unanimous consent is not required 
  to withdraw an amendment that is merely at the Clerk's desk and has 
  yet to be offered. 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. Deschler Ch 27 Sec. 20.6.

[[Page 50]]

      The withdrawal of an amendment by unanimous consent does not 
  preclude its being subsequently reoffered, and unanimous consent is 
  not required to reoffer the amendment if otherwise in order. Deschler 
  Ch 27 Sec. 20.10.

                               In the House

      Although unanimous consent to withdraw an amendment is required in 
  the Committee of the Whole, an amendment in the House may be withdrawn 
  by the proponent at any time before a decision or amendment is 
  rendered thereon. Clause 6 of rule XVI. The same right to withdraw an 
  amendment exists in the House as in the Committee of the Whole and in 
  standing committees where general procedures in the House as in the 
  Committee of the Whole apply. Manual Sec. 905.


  Sec. 37 . Modification of Amendment

      The proponent of an amendment may modify such amendment only by 
  unanimous consent. Deschler Ch 27 Sec. Sec. 21.1-21.3. However, where 
  there is pending an amendment and a substitute therefor, the Member 
  who offered the original amendment may also offer an amendment to the 
  substitute, such action not constituting an amendment to one's own 
  amendment. Deschler Ch 27 Sec. 21.4. A unanimous-consent request may 
  be entertained in the Committee of the Whole to permit the 
  modification of a designated amendment made in order by a ``modified-
  closed'' special order of business, once pending. Manual Sec. 993.
      The modification of a pending amendment by its proponent should be 
  offered before the amendment is voted on. 106-2, Mar. 29, 2000, p 
  4017. However, in one instance, pending a request for a recorded vote 
  following a voice vote on an amendment, the Committee of the Whole, by 
  unanimous consent, vacated the Chair's putting of the question on the 
  amendment so as to permit its modification. Deschler Ch 27 Sec. 21.7.
      The fact that a decision of the Chair is pending on a point of 
  order against an amendment does not necessarily preclude a request by 
  its proponent that it be modified. Deschler Ch 27 Sec. 21.6. However, 
  the Chair or any Member may insist that a proposed modification be 
  submitted in writing and read by the Clerk. Deschler Ch 27 Sec. 21.8.
      In the event of objection to a unanimous-consent request to modify 
  a pending amendment, any Member--other than the proponent of the 
  amendment--may offer a proper amendment 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

[[Page 51]]

  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. Manual Sec. Sec. 468-474; 8 Cannon Sec. 2856; 
  Deschler Ch 27 Sec. 29.2. Once the text of a bill has been perfected 
  by amendment, the perfected text cannot thereafter be amended. 
  Deschler Ch 27 Sec. 29.8. Similarly, the adoption of an amendment to a 
  substitute precludes further amendment to those portions of the 
  substitute so amended. Manual Sec. 469; see Sec. 41, infra.
      However, in order for an amendment to be ruled out of order on the 
  ground that its substance has already been passed on by the House, the 
  language thereof must be practically identical to that of the 
  proposition already acted on. 5 Hinds Sec. 5760; 8 Cannon Sec. 2839; 
  Deschler Ch 27 Sec. 29.1. The precedents do not preclude the offering 
  of an amendment merely because it is similar to, or achieves the same 
  effect as, an amendment previously agreed to. Manual Sec. 466. 
  Although it is not in order to reinsert precise language stricken by 
  amendment, an amendment similar but not identical to the stricken 
  language may be offered if germane to the pending portion of the bill. 
  A simple change in substance in the words sought to be inserted, such 
  as changing the word ``shall'' to ``may,'' allows the amendment to be 
  offered. Deschler Ch 27 Sec. 31.8.

                          Effect of Inconsistency

      The Chair will not rule out an amendment as being inconsistent 
  with an amendment previously adopted, as the consistency of amendments 
  is a question for the House to determine by its vote on the amendment. 
  Manual Sec. 466; Deschler Ch 27 Sec. 29.23. It follows that an 
  amendment is not subject to a point of order that its provisions are 
  inconsistent with a section of the bill already considered under the 
  five-minute rule. Deschler Ch 27 Sec. 29.25.

            Amendments Negating Proposition Previously Adopted

      The Committee of the Whole may not amend a section of a bill 
  already passed during the reading. However, it may adopt an amendment 
  to a later section that has the effect of negating the provisions of 
  the earlier section because the Committee of the Whole may consider a 
  subsequent amendment

[[Page 52]]

  which contradicts a proposition previously agreed to. Deschler Ch 27 
  Sec. Sec. 29.20, 29.26.

                      Changes Following Amended Text

      The adoption of a perfecting amendment only precludes further 
  amendments changing the perfected text; amendments are in order that 
  add language to an unamended portion at the end of the amended text. 
  Manual Sec. 469. Likewise, the adoption of an amendment inserting a 
  new subsection in a bill does not preclude consideration of another 
  amendment inserting another new subsection immediately thereafter 
  which does not textually change the amendment already agreed to. 
  Deschler Ch 27 Sec. 29.21.

                         The ``Bigger Bite'' Rule

      Although an amendment may not be offered to change only that 
  portion of the pending text which has been altered by amendment, a 
  further amendment changing a more comprehensive portion of the pending 
  text is in order. Deschler Ch 27 Sec. 31.18. In other words, an 
  amendment taking a ``bigger bite'' of the pending text than that 
  altered may be permitted. Thus, although it is not in order to further 
  amend an amendment previously agreed to, an amendment encompassing a 
  more comprehensive portion of the bill, including original text not 
  yet amended, is in order. Deschler Ch 27 Sec. 29.9. Similarly, it is 
  in order to offer an amendment which strikes language changed by 
  amendment as well as other matter and inserts language which proposes 
  substantive changes going beyond the original amendment or strikes out 
  matter not only in the amendment previously agreed to but also in 
  additional portions of the pending bill. Manual Sec. 474; Deschler Ch 
  27 Sec. 29.

                   Effect of Special Orders of Business

      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 order of business permitting 
  amendments to be offered even if changing portions of amendments 
  already agreed to. Deschler Ch 27 Sec. 29.48. In addition, where a 
  special order of business permits a motion to recommit ``with or 
  without'' instructions, a motion to recommit may include an amendment 
  that changes an amendment already adopted by the House. See Sec. 47, 
  infra.


  Sec. 39 . Adoption of Amendment as Precluding Motions to Strike

      It is not in order to offer an amendment merely striking an 
  amendment previously agreed to. 94-1, Aug. 1, 1975, pp 26946, 26947. 
  For example, where by amendment a new paragraph or section has been 
  added to the text,

[[Page 53]]

  it is not in order to offer an amendment that merely strikes that new 
  paragraph or section. Manual Sec. 474; Deschler Ch 27 Sec. 30.10.
      On the other hand, the adoption of a perfecting amendment to a 
  portion of the text of a bill does not preclude a vote on a pending 
  motion to strike the entire text as amended. Deschler Ch 27 Sec. 30.4. 
  Similarly, although a provision inserted by amendment may not 
  thereafter be stricken, a motion to strike more than the provision 
  previously inserted is in order. Deschler Ch 27 Sec. 30.7.
      Although the adoption of an amendment changing all the text of a 
  section precludes a vote on a pending motion to strike that section, 
  the motion to strike will still be voted on where the perfecting 
  amendment to the section changes some but not all of that text. 
  Deschler Ch 27 Sec. 30.3. However, in this situation another 
  perfecting amendment to strike the remainder of the section not yet 
  perfected may be offered and voted on before the motion to strike the 
  entire section and, if adopted, the motion to strike the section falls 
  and is not voted on, the whole text having been changed. Deschler Ch 
  27 Sec. 30.14.
      The adoption of a perfecting amendment to part of a section does 
  not preclude a motion to strike the section and insert new text. 
  Deschler Ch 27 Sec. 30.12. Similarly, the adoption of a perfecting 
  amendment inserting language at the end of a paragraph does not 
  preclude an amendment striking the entire perfected paragraph and 
  inserting new language. Deschler Ch 27 Sec. 30.15. However, where a 
  bill is being read by section, and committee amendments adding new 
  sections at the end of a bill have been adopted, an amendment 
  proposing to strike a section of the original bill and the new 
  sections is not in order. Deschler Ch 27 Sec. 30.9.


  Sec. 40 . Effect of Adoption of Motions to Strike

                       Adoption of Motion to Strike

      A motion to strike a section of a bill, if adopted by the 
  Committee of the Whole, strikes the entire section including a 
  provision that was added as a perfecting amendment to that section. 
  Adoption by the Committee of the amendment striking the section 
  vitiates the Committee's prior adoption of perfecting amendments to 
  that section, and only the motion to strike is reported to the House. 
  Deschler Ch 27 Sec. Sec. 31.1, 31.2. The bill returns to the form as 
  originally introduced upon rejection by the House of the amendment 
  reported by Committee. Deschler Ch 27 Sec. 31.3. Where an amendment 
  has been adopted striking language in a bill, a perfecting amendment 
  to the stricken language comes too late and is not in order. Deschler 
  Ch 27 Sec. 31.9.

[[Page 54]]

      Although it is not in order to reinsert precise language stricken 
  by amendment, an amendment similar but not identical to the stricken 
  language may be offered if germane to the pending portion of the bill. 
  Deschler Ch 27 Sec. 31.6. See also Manual Sec. 468; 5 Hinds 5760.

                  Adoption of Motion to Strike and Insert

      If an amendment to strike a portion of a bill and insert new 
  language is agreed to, a pending amendment proposing to strike the 
  same portion falls and is not voted on. Manual Sec. 469; Deschler Ch 
  27 Sec. Sec. 31.11, 31.12. When an amendment striking certain language 
  and inserting other provisions has been adopted, it is not in order to 
  further amend the provisions so inserted. Manual Sec. 469; Deschler Ch 
  27 Sec. 31.14.
      The adoption of a perfecting amendment to strike and insert does 
  not preclude the offering of another amendment to strike and insert 
  which goes beyond the changes made by the first amendment. Deschler Ch 
  27 Sec. 31.18. Similarly, although it is not in order to perfect or 
  reinsert language which has been stricken, an amendment may be offered 
  to insert new language if it is germane to the bill and not identical 
  to the language stricken. Deschler Ch 27 Sec. 31.7. However, if a 
  motion to strike all after the first word of text and insert a new 
  provision is agreed to, the language thus inserted cannot thereafter 
  be amended. Deschler Ch 27 Sec. 31.14.


  Sec. 41 . Adoption of Amendment in the Nature of a Substitute

      The adoption of an amendment in the nature of a substitute ends 
  the amendment stage; and further amendment is not in order, including 
  pro forma amendments for debate. Deschler Ch 27 Sec. Sec. 32.1, 32.2, 
  32.22. Thus, absent a special order of business 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. 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. Deschler Ch 27 
  Sec. 32.22.

[[Page 55]]

  Sec. 42 . Amendments Pertaining to Monetary Figures

      When a specific amendment to a monetary figure in a bill has been 
  agreed to, further amendment of that specific sum is not in order. 
  Deschler Ch 27 Sec. Sec. 33.1-33.3; Manual Sec. 455. However, an 
  amendment inserted following the figure agreed upon and providing 
  funds ``in addition thereto'' is in order. Deschler Ch 27 Sec. 33.13. 
  An amendment adding a new section having the indirect effect of 
  changing amended amounts in the bill may also be in order. Deschler Ch 
  27 Sec. 33.10. In recent practice an amount in an appropriation bill 
  has been changed by inserting a parenthetical ``increased by'' or 
  ``decreased by'' after the amount rather than by directly changing the 
  figure in order to avoid such a point of order. Manual Sec. 455.
      Where the Committee of the Whole has adopted an amendment changing 
  the total figure in a paragraph of an appropriation bill, it is not in 
  order to further amend such figure. Deschler Ch 27 Sec. 33.9.
      Although it is not in order to offer an amendment merely changing 
  an amendment already adopted, it is in order to offer a subsequent 
  amendment more comprehensive than the amendment adopted, changing 
  unamended portions of the bill as well. Deschler Ch 27 Sec. 33.7 
  (note); Sec. 38, supra. Thus, after adoption of amendments changing 
  monetary figures in a bill, an amendment making a general percentage 
  reduction in all figures contained in the bill and indirectly 
  affecting those figures, is still in order. Deschler Ch 27 Sec. 33.10. 
  Likewise, the adoption of a perfecting amendment to a concurrent 
  resolution on the budget changing several figures would preclude 
  further amendment merely changing those amended figures but would not 
  preclude more comprehensive amendments changing other portions of the 
  resolution which had not been amended. Deschler Ch 27 Sec. 29.47.
      Although it may be in order to offer an amendment to the pending 
  portion of the bill that changes not only a provision already amended 
  but also an unamended pending portion of the bill, it is not in order 
  merely to amend a figure already amended. Even if the amendment also 
  changes other matter not already amended (including where it is 
  drafted to address figures as though the earlier amendment had not 
  been adopted), it is still out of order. Manual Sec. 469.
      Members have offered ``fetch-back'' amendments to appropriation 
  bills, which are new paragraphs inserted to change amounts contained 
  in previous paragraphs. ``Fetch-back'' amendments may be in order as 
  long as the amendment is germane to the portion of the bill to which 
  offered and amounts only to a reduction of funds contained in previous 
  paragraphs. See, e.g., 106-1, Aug. 5, 1999, pp 20143, 20144. However, 
  a ``fetch-back'' amendment increasing an amount contained in a prior 
  paragraph must be

[[Page 56]]

  supported by an authorization. Such support is necessary because the 
  precedents that admit a germane perfecting amendment to an 
  unauthorized item permitted to remain deal with actual changes in the 
  figure permitted to remain and not with the insertion of new matter 
  beyond that permitted to remain. Manual Sec. 1058; see Appropriations.


  Sec. 43 . Effecting Changes by Unanimous Consent

      By unanimous consent, it is in order to amend an amendment which 
  has already been agreed to. Deschler Ch 27 Sec. 34.1. For example, 
  unless otherwise restricted by a special order of business governing 
  consideration of a measure (Manual Sec. 993), the Committee of the 
  Whole may by unanimous consent:

     Permit Members to offer amendments to change an amended figure 
         in an appropriation bill. Deschler Ch 27 Sec. 34.7.
     Permit a previously adopted amendment to an amendment to be 
         considered as adopted instead to a pending substitute for the 
         underlying amendment. 99-2, Aug. 5, 1986, pp 19107, 19108.
     Permit a modification of an amendment by its proponent. Manual 
         Sec. 993.
     Permit a page reference to be included in a designated printed 
         amendment made in order under a special order of business where 
         the printed amendment did not include that reference. Manual 
         Sec. 993.

      In one instance, the Committee of the Whole by unanimous consent 
  vacated the proceedings whereby it had agreed to an amendment, agreed 
  to an amendment to that amendment, and then adopted the original 
  amendment as amended. Deschler Ch 27 Sec. 34.2.


  Sec. 44 . Amendments Previously Considered and Rejected

                                 Generally

      It is not in order to offer an amendment identical to one 
  previously rejected. Deschler Ch 27 Sec. Sec. 35.1, 35.2. However, an 
  amendment that raises the same question by the use of different 
  language may be admissible. Deschler Ch 27 Sec. 35. An amendment 
  similar but not identical to one previously rejected may be considered 
  if a substantive change has been made. Deschler Ch 27 Sec. Sec. 35.3, 
  35.4. Rejection of an amendment changing a figure in a bill does not 
  preclude the offering of a different amendment to that provision. 
  Deschler Ch 27 Sec. 35.21.
      An amendment in different form may be entertained even though its 
  effect may be similar to that of a rejected amendment. Deschler Ch 27 
  Sec. Sec. 35.11, 35.13. Thus, in one instance, after an amendment 
  containing a limitation on the use of funds in an appropriation bill 
  had been rejected, the

[[Page 57]]

  Chair held that another amendment--containing a similar limitation and 
  also stating an exception from that limitation--was not an identical 
  amendment and therefore could be offered. Deschler Ch 27 Sec. 35.18. 
  Presiding officers have been reluctant to rule out an amendment as 
  dilatory merely because of its similarity to one previously rejected. 
  Deschler Ch 27 Sec. 35.7.
      A motion offered as a substitute for an amendment and rejected may 
  be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8. 
  Similarly, a proposition offered as an amendment to an amendment and 
  rejected may be offered again, in identical form, as an amendment to 
  the bill. Deschler Ch 27 Sec. 35.9.
      A portion of a rejected amendment may be subsequently offered as a 
  separate amendment if presenting a different proposition. Thus, 
  rejection of an amendment consisting of two sections does not preclude 
  one of those sections being subsequently offered as a separate 
  amendment. Deschler Ch 27 Sec. 35.17.

                       Rejection of Motion to Strike

      A motion to strike certain language having been previously 
  rejected, it may not be offered a second time. Deschler Ch 27 
  Sec. 35.22. However, a motion to strike that language and insert a new 
  provision is in order. Deschler Ch 27 Sec. 35.23. Conversely, if the 
  motion to strike and insert is rejected, the simple motion to strike 
  is in order. Deschler Ch 27 Sec. 35.11.

                      Rejection of En Bloc Amendments

      Rejection of several amendments considered en bloc by unanimous 
  consent does not preclude their being offered separately at a 
  subsequent time. Deschler Ch 27 Sec. 35.15. It follows that where an 
  amendment to a figure in a bill considered en bloc with other 
  amendments has been rejected, no point of order lies against a 
  subsequent amendment to that figure which specifies a different amount 
  and which is offered as a separate amendment. Deschler Ch 27 
  Sec. 33.16.


   G. House Consideration of Amendments Reported From the Committee of 
                                 the Whole


  Sec. 45 . In General; Voting

                                 Generally

      Only amendments adopted in the Committee of the Whole are reported 
  to the House. All amendments so reported stand on an equal footing and 
  must be voted on by the House, notwithstanding inconsistencies among

[[Page 58]]

  them, and are subject to amendment in the House unless the previous 
  question is ordered. 4 Hinds Sec. Sec. 4871, 4881; 8 Cannon Sec. 2419. 
  However, under modern practice, the previous question is ordered by 
  special order of business upon the rising and reporting of the 
  Committee of the Whole. Where in the unusual case it is in order to 
  submit additional amendments to the pending bill, the first question 
  is on the amendments reported from the Committee of the Whole. 4 Hinds 
  Sec. 4872.

                 Kinds of Amendments Reported to the House

      Some amendments adopted in the Committee are not reported to the 
  House. Pursuant to a practice originating in the 19th Congress (1825), 
  the Committee reports amendments only in their perfected form. 4 Hinds 
  Sec. 4904; Deschler Ch 27 Sec. 36.1. Thus, if the Committee of the 
  Whole perfects a bill by adopting certain amendments and then adopts 
  an amendment striking those provisions and inserting a new text, only 
  the adopted motion to strike and insert is reported to the House. 
  Deschler Ch 27 Sec. Sec. 36.5, 36.13. Similarly, the adoption by the 
  Committee of an amendment striking a section of a bill vitiates the 
  Committee's prior adoption of perfecting amendments to that section, 
  so that only the motion to strike is reported to the House. Deschler 
  Ch 27 Sec. 31.2. However, when the bill is being considered under a 
  special order of business permitting separate consideration in the 
  House of any amendments adopted in the Committee, all amendments 
  adopted in the Committee are reported to the House, regardless of 
  their inconsistency. Deschler Ch 27 Sec. 36.13.

                         Demanding a Separate Vote

      Although the House may act at once on all the amendments to a bill 
  reported from the Committee of the Whole en gros, it is the right of 
  any Member to demand a separate vote on any reported first-degree 
  amendment. 4 Hinds Sec. Sec. 4893, 4894; 8 Cannon Sec. 2419. However, 
  a special order of business may prohibit a demand for separate votes 
  on sundry amendments, requiring all amendments to be acted upon en 
  gros. In the absence of a special order of business providing 
  therefor, 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. This principle precludes a separate vote in 
  the House on an amendment to an amendment in the nature of a 
  substitute adopted in the Committee. Deschler Ch 27 Sec. 36.8. Because 
  the Committee in reporting a bill with an amendment to the House 
  reports such amendment in its perfected form, it is not in order in 
  the House to have a separate vote upon each perfecting amendment to 
  the amendment

[[Page 59]]

  that has been agreed to in the Committee absent a special order of 
  business providing to the contrary. Deschler Ch 27 Sec. 36.
      A special order of business may, of course, provide for separate 
  votes on second-degree amendments. Deschler Ch 27 Sec. 36. However, 
  where separate votes are permitted, only those amendments reported to 
  the House from the Committee of the Whole are voted on; it is not in 
  order to demand a separate vote in the House on amendments rejected in 
  the Committee. Deschler Ch 27 Sec. 36.12. The House theoretically has 
  no information as to actions of the Committee of the Whole on 
  amendments not reported therefrom. Deschler Ch 27 Sec. 36.
      Where a special order of business 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 order of business, the en bloc amendments may be voted on 
  again en bloc on a demand for a separate vote. Deschler Ch 27 
  Sec. 36.27. A separate vote being demanded, the Chair puts the 
  question separately on the amendments en bloc in the House, where no 
  Member demands a division of the question. Deschler Ch 27 Sec. 36.28. 
  However, another amendment separately considered in Committee may not 
  be voted on with the en bloc amendments in the House (absent unanimous 
  consent). Deschler Ch 27 Sec. 36.27.
      For division of an amendment for voting, see Voting.

                          Order of Consideration

      When demand is made for separate votes in the House on several 
  amendments adopted in the Committee of the Whole, such amendments are 
  read and voted on in the House in the order in which they appear in 
  the bill as reported from the Committee of the Whole--not in the order 
  in which agreed to in Committee or in which demanded in the House. 
  Manual Sec. 337; Deschler Ch 27 Sec. Sec. 36.16, 37.1. However, where 
  a special order of business prescribes the order for consideration of 
  amendments (with the bill being considered as read) in the Committee 
  of the Whole, then separate

[[Page 60]]

  votes demanded in the House on adopted amendments are taken in that 
  same order, regardless of the order in which the amendments may appear 
  in the bill. Manual Sec. 337.
      Where a special order of business provides for a separate vote on 
  an amendment to an amendment in the nature of a substitute reported 
  from the Committee of the Whole, the Speaker puts the question first 
  on the amendment on which a separate vote is demanded, then on the 
  amendment in the nature of a substitute, as amended. Deschler Ch 27 
  Sec. 37.6.


  Sec. 46 . Effect of Rejection of Amendment

                                 Generally

      When the House rejects an amendment adopted in the Committee of 
  the Whole, the original text of the bill is before the House. Deschler 
  Ch 27 Sec. 38.1. Thus, if an amendment in the nature of a substitute 
  is reported from the Committee of the Whole and rejected by the House, 
  the original bill is before the House. Deschler Ch 27 Sec. 38.5. 
  Similarly, if an amendment striking and inserting is reported from the 
  Committee of the Whole and rejected by the House, the language of the 
  original bill is before the House. Deschler Ch 27 Sec. 38.12.

                       Rejection of Motion to Strike

      Where the Committee of the Whole adopts perfecting amendments to 
  the language of a bill and then agrees to an amendment striking that 
  language, only the latter amendment is reported to the House. In the 
  event of its rejection by the House, the original language, and not 
  the perfected text, is before the House. Deschler Ch 27 
  Sec. Sec. 38.3, 38.8. However, the practice may be otherwise where the 
  House is operating under a special order of business allowing separate 
  votes in the House on any amendment adopted in the Committee of the 
  Whole. As indicated elsewhere (Sec. 45, supra), under such a rule all 
  amendments adopted in Committee to the amendment are reported to the 
  House regardless of their inconsistency. The House may retain a 
  section as perfected in the Committee of the Whole by first adopting 
  on separate votes the perfecting amendments to the section and then 
  rejecting on a separate vote the motion to strike that section. 
  Deschler Ch 27 Sec. 38.11 (note).


  Sec. 47 . Motions to Recommit with Instructions Pertaining to 
            Amendments

      The House may recommit a bill to committee with instructions to 
  report it back ``forthwith'' with an amendment. 5 Hinds Sec. 5545. In 
  such cases the

[[Page 61]]

  chair of the committee reports the amendment at once without awaiting 
  committee action. 5 Hinds Sec. Sec. 5545-5547. Instructions to report 
  ``forthwith'' accompanying a motion to recommit must be complied with 
  immediately. Manual Sec. 1002b. However, it is not in order to propose 
  as instructions anything that might not be proposed directly as an 
  amendment, such as to propose an amendment that is not germane to the 
  bill, or to propose an amendment containing legislation or a 
  limitation on a general appropriation bill not in order in the 
  Committee of the Whole. Manual Sec. 1002b; 5 Hinds Sec. Sec. 5529-
  5541; 8 Cannon Sec. Sec. 2705, 2712.
      A motion to recommit may not include instructions to modify any 
  part of an amendment previously agreed to by the House. 8 Cannon 
  Sec. Sec. 2720, 2721, 2740; Deschler Ch 27 Sec. 32.5. However, where a 
  bill is being considered under a special order of business permitting 
  a motion to recommit ``with or without instructions,'' a motion to 
  recommit may include an amendment which changes an amendment already 
  adopted by the House, even where the House has adopted an amendment in 
  the nature of a substitute. Clause 6(c) of rule XIII precludes the 
  Committee on Rules from reporting a rule that would prevent a motion 
  to recommit a bill or joint resolution with or without instructions if 
  offered by the Minority Leader or a designee. See generally Refer and 
  Recommit.
      The rejection of an amendment in the Committee of the Whole does 
  not preclude the offering of the same amendment in the House in a 
  motion to recommit with instructions. Deschler Ch 27 Sec. 35.27.


                   H. Amendments to Titles and Preambles


  Sec. 48 . In General

                              Amending Titles

      Amendments to the title of a bill are not in order until after 
  passage of the bill, and are then voted upon without debate. Deschler 
  Ch 24 Sec. 9.4; Deschler Ch 27 Sec. 19.1; clause 6 of rule XVI. An 
  amendment in the Committee of the Whole proposing an amendment to the 
  title is not in order. Manual Sec. 922; Deschler Ch 27 Sec. 19.4. 
  Committee amendments to the title of a bill are automatically reported 
  by the Clerk after passage of the bill, although an amendment to a 
  committee amendment to the title may be offered from the floor. 
  Deschler Ch 27 Sec. 19.6.

                  Amending Preambles of Joint Resolutions

      In the Committee of the Whole, amendments to the preamble of a 
  joint resolution are considered following disposition of any 
  amendments to the

[[Page 62]]

  body of the resolution. Deschler Ch 27 Sec. Sec. 19.7, 19.8; Manual 
  Sec. 414. In the House an amendment to the preamble of a joint 
  resolution reported from Committee of the Whole is considered 
  following engrossment and before the third reading of the resolution. 
  4 Hinds Sec. 3414; Deschler Ch 27 Sec. 19.9.
      An amendment to the preamble of a Senate joint resolution is 
  considered after disposition of amendments to the text of the joint 
  resolution and pending the third reading. 97-1, Nov. 19, 1981, pp 
  28208, 28209.

          Amending Preambles of Simple or Concurrent Resolutions

      Amendments to the preamble of a simple or concurrent resolution 
  are considered and voted on in the Committee of the Whole after 
  amendments to the body of the resolution. Amendments to the preamble 
  of such a resolution are voted on in the House after the resolution 
  has been adopted. 7 Cannon Sec. 1064; Deschler Ch 27 Sec. Sec. 19.11-
  19.13. In the House the previous question is ordered separately on the 
  preamble after adoption of the resolution if amendments to the 
  preamble are offered. Deschler Ch 24 Sec. 9.9. The motion for the 
  previous question may be applied at once to both a resolution and its 
  preamble. 105-2, Feb. 12, 1998, pp 1333, 1334.