[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[D. Division of the Question for Voting]
[Â§ 51. Report From the Committee of the Whole on Amendments Considered Therein]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11783-11787]
 
                               CHAPTER 30
 
                                 Voting
 
                 D. DIVISION OF THE QUESTION FOR VOTING
 
Sec. 51. Reports From the Committee of the Whole on Amendments 
    Considered Therein

    When Senate amendments to a House bill are referred to the 
Committee of the Whole, the text for consideration in that Committee is 
the language of the Senate amendment. When the text of a bill is before 
the Committee of the Whole, the Committee has only the authority to 
recommend changes to that text. The Chairman's report, when the 
Committee rises, is that ``the Committee of the Whole has had under 
consideration the bill H.R. 1234 and reports the same back with the 
recommendation that the bill pass with the following amendments.'' When 
Senate amendments are reported back, the report is that the ``Senate 
amendment be disagreed to, agreed to, or agreed to with an amendment.'' 
In either case, each amendment recommended by the Committee of the 
Whole is subject to being voted on separately, absent a special rule or 
unanimous consent.

                          -------------------

Sec. 51.1 A recommendation from the Committee of the Whole that a 
    Senate amendment be concurred in with an amendment striking out the 
    text of the Senate amendment and inserting new text is not 
    divisible as between concurring and the amendment.

    On July 12, 1945,(3) the House resolved itself into the 
Committee of the Whole for the purpose of considering a bill (H.R. 
3368)

[[Page 11784]]

making appropriations for war agencies and for other purposes, with 
Senate amendments. The Chairman (4) directed the Clerk to 
report the first Senate amendment.
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 3. 91 Cong. Rec. 7474, 7489, 7493, 7494, 79th Cong. 1st Sess.
 4. John J. Sparkman (Ala.).
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        The Clerk read the Senate amendment as follows:

            Senate Amendment No. 1: Page 1, line 9, insert:

                     Committee on Fair Employment Practice

            Salaries and expenses: For all expenses necessary to enable 
        the Committee on Fair Employment Practice to carry out any 
        functions lawfully vested in it by Executive Orders No. 8802 
        and 9346, including salary of a Chairman at not to exceed 
        $8,000 per annum and 6 other members at not to exceed $25 per 
        diem when actually engaged; travel expenses (not to exceed 
        $63,800); expenses of witnesses in attendance at Committee 
        hearings, when necessary; printing and binding (not to exceed 
        $4,800); purchase of newspapers and periodicals (not to exceed 
        $500); not to exceed $694 for deposit in the general fund of 
        the Treasury for cost of penalty mail as required by section 2 
        of the act of June 28, 1944 (Public Law 364); and the temporary 
        employment of persons, by contract or otherwise, without regard 
        to section 3709 of the Revised Statutes and the civil-service 
        and classification laws (not to exceed $8,900); $250,000: 
        Provided, That no part of the funds herein appropriated shall 
        be used to pay the compensation of any person to initiate, 
        investigate, or prosecute any complaint against any defendant 
        where such defendant does not have the same right to appeal an 
        adverse decision of the Committee on Fair Employment Practice 
        to the President of the United States, or to refer said 
        complaint to the President of the United States for final 
        disposition, as is asserted by or allowed the said Committee on 
        Fair Employment Practice in cases where persons complained 
        against refuse to abide by its orders: Provided further, That 
        no part of this appropriation shall be used to pay the 
        compensation of any person to initiate, investigate, or 
        prosecute any proceedings against any person, firm, or 
        corporation which seeks to effect the seizure or operation of 
        any plant or other property of such person, firm, or 
        corporation by Federal authority for failure to abide by any 
        rule or regulation of the Committee on Fair Employment 
        Practice, or for failure to abide by any order passed by the 
        Committee on Fair Employment Practice: Provided further, That 
        no part of the funds herein appropriated shall be used to pay 
        the compensation of any person employed by said Committee on 
        Fair Employment Practice who issues or attempts to enforce any 
        rule, regulation, or order which repeals, amends, or modifies 
        any law enacted by the Congress.

    Mr. Clarence Cannon, of Missouri, offered an amendment which, as 
additionally amended by Mr. Francis H. Case, of South Dakota, was 
subsequently agreed to after debate.
    A motion that the Committee rise and report the bill back to the 
House was agreed to and the following then occurred:

        Accordingly the Committee rose; and the Speaker having resumed 
    the chair, Mr. Sparkman, Chairman of the Committee of the Whole 
    House on the State of the Union, reported that that

[[Page 11785]]

    Committee, having had under consideration the Senate amendments to 
    the bill (H.R. 3368) making appropriations for war agencies for the 
    fiscal year ending June 30, 1946, and for other purposes, directed 
    him to report the same back to the House with the recommendation 
    that the House concur in Senate amendment numbered 1, with an 
    amendment, and that the House disagree to Senate amendments 
    numbered 2 to 33, inclusive, and agree to the conference asked by 
    the Senate on the disagreeing votes of the two Houses thereon.
        Mr. Cannon of Missouri: Mr. Speaker, I move the previous 
    question.
        The Speaker: (5) The Clerk will report the first 
    recommendation of the Committee [Mr. Cannon's amendment, as 
    amended].
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 5. Sam Rayburn (Tex.).
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        The Clerk read as follows:

            The Committee of the Whole House on the State of the Union 
        recommends that the House concur in Senate amendment No. 1, 
        with the following amendment:
            ``Strike out the matter proposed to be inserted by Senate 
        amendment No. 1 and insert in lieu thereof the following:

                   `` `Committee on Fair Employment Practice

            `` `Salaries and expenses: For completely terminating the 
        functions and duties of the Committee on Fair Employment 
        Practice, including such of the objects and limitations 
        specified in the appropriation for such agency for the fiscal 
        year 1945 as may be incidental to its liquidation, $250,000: 
        Provided, That if and until the Committee on Fair Employment 
        Practice is continued by an act of Congress, the amount named 
        herein may be used for its continued operation until an 
        additional appropriation shall have been provided: Provided 
        further, That in no case shall this fund be available for 
        expenditure beyond June 30, 1946.'' '

        The Speaker: The question is on agreeing to the recommendation.
        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Rankin: As I understand it, this entire amendment, 
    beginning on line 9, page 1, and ending on line 14, page 3, as 
    amended, is a Senate amendment. It is brought in here as a Senate 
    amendment. Now the question is on adopting that Senate amendment, 
    the entire amendment; not adopting the amendment offered by the 
    gentleman from Missouri to the amendment, but on adopting the 
    entire FEPC amendment?
        The Speaker: The question is on the motion agreed to in 
    Committee of the Whole. That is, to agree to the Senate amendment 
    with an amendment. There is no division of the question, if that is 
    what the gentleman is asking.
        Mr. Rankin: Then we have a right to vote on whether or not we 
    will adopt the Senate amendment as amended.
        The Speaker: There is just one question before the House. That 
    is, to concur in the recommendation of the Committee of the Whole.
        Mr. Rankin: Mr. Speaker, I demand a separate vote on this 
    entire Senate amendment. The rules of the House provide that when 
    an amendment is brought in, even though it is amended in Committee 
    of the Whole, when we

[[Page 11786]]

    get back to the House we do not vote on amendments to the amendment 
    but we vote on the amendment as amended.
        The Speaker: We vote on the recommendation which the Committee 
    of the Whole made to the House. That is all there is before the 
    House at this time.
        Mr. Rankin: That is that the amendment as amended be adopted?
        The Speaker: That is the question.
        Mr. Rankin: I would like to have a separate vote on that 
    amendment.
        The Speaker: That is what we are attempting to do right 
    now.(6)
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 6. See 8 Cannon's Precedents Sec. 2420 (and Sec. 3192), where a Senate 
        amendment considered in Committee of the Whole was amended by 
        the insertion of several words. The recommendation of the 
        Committee, that the Senate amendment be concurred in with the 
        amendment, being rejected, the House then concurred in the 
        Senate amendment. See also 8 Cannon's Precedents Sec. 3176, 
        which affirms the proposition that a motion to concur in a 
        Senate amendment with an amendment is not divisible.
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Sec. 51.2 A proposition reported from the Committee of the Whole as an 
    entire and distinct amendment may not be divided, but must be voted 
    on as a whole in the House.

    On July 20, 1951,(7) the House resolved itself into the 
Committee of the Whole for the purpose of considering a bill (H.R. 
3871) to amend the Defense Production Act of 1950. When the Committee 
rose, the Speaker resumed the chair, and the Chairman (8) 
reported the bill back to the House with the amendments adopted by the 
Committee.
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 7. 97 Cong. Rec. 8538, 8608, 82d Cong. 1st Sess.
 8. Wilbur D. Mills (Ark.).
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    The Speaker stated that under the rule, the previous question was 
ordered, whereupon demands were made for separate votes on several 
amendments, and then an inquiry was directed to the Speaker, as 
follows:

        Mr. [Sidney R.] Yates [of Illinois]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: (9) The gentleman will state it.
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 9. Sam Rayburn (Tex.).
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        Mr. Yates: Mr. Speaker, is it in order to ask for a separate 
    vote on the Sabath amendment at page 83, section 206?
        The Speaker: The Sabath amendment was not adopted in Committee 
    of the Whole.
        Mr. Yates: It was a motion, however, Mr. Speaker, to strike out 
    a portion of the committee amendment. Is it not therefore in order?
        The Speaker: Separate votes may be had only on amendments that 
    have been reported by the Committee of the Whole.
        Mr. Yates: Has not the amendment been adopted by the Committee, 
    Mr. Speaker?
        The Speaker: The Sabath amendment is an amendment to the com

[[Page 11787]]

    mittee amendment and was not agreed to in Committee. . . .
        Mr. Yates: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Yates: Mr. Speaker, may a separate vote be taken on a 
    portion of a committee amendment, namely section 206(a) and (b) on 
    page 83?
        The Speaker: A separate vote cannot be had on a portion of the 
    amendment reported by the Committee of the Whole. The amendment 
    must be voted on in its entirety as reported by the Committee of 
    the Whole.(10)
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10. Similar, though less explicit, rulings may be found in later 
        Congresses. See, for example, the following: 114 Cong. Rec. 
        24242, 90th Cong. 2d Sess., July 30, 1968; 114 Cong. Rec. 
        21546, 90th Cong. 2d Sess., July 16, 1968; 114 Cong. Rec. 1421, 
        90th Cong. 2d Sess., Jan. 30, 1968; 113 Cong. Rec. 29317, 90th 
        Cong. 1st Sess., Oct. 18, 1967; and 104 Cong. Rec. 16264, 85th 
        Cong. 2d Sess., Aug. 5, 1958.
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