[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[D. Division of the Question for Voting]
[Â§ 48. Motions To Strike Out and Insert]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11772-11775]
 
                               CHAPTER 30
 
                                 Voting
 
                 D. DIVISION OF THE QUESTION FOR VOTING
 
Sec. 48. Motions To Strike Out and Insert

    Rule XVI clause 7, explicitly provides that a motion to strike out 
and insert is indivisible.(4) Where it is proposed to strike 
out text and insert new language embracing several connected matters, 
it is not in order to demand a separate vote on each of those different 
propositions (5) except through an amendment process 
addressing all or a portion of the text proposed to be inserted.
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 4. House Rules and Manual Sec. 793 (1995).
 5. 5 Hinds' Precedents Sec. 6124.
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    The doctrine applies to a pending House amendment to a bill under 
consideration as well as to a Senate amendment. So where there is 
pending a House bill and a Senate amendment striking the House text and 
substituting new language, the motion to concur in the Senate amendment 
is not divisible as between concurring and amending. However, a special 
order, reported from the Committee on Rules or brought up by unanimous 
consent or under suspension, can be adopted which would subject the 
Senate text to separate votes on its various 
provisions.

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

Sec. 48.1 Where a motion to concur in a Senate amendment

[[Page 11773]]

    is divided pursuant to a special rule permitting that procedure, 
    the Chair puts the question on the first portion of the Senate 
    amendment, and then on the remaining portion which was the portion 
    targeted for a separate vote by the special rule.

    In the 103d Congress, the House had before it a resolution reported 
as a special order of business from the Committee on Rules. The 
resolution made it in order to move to take from the Speaker's table a 
House bill dealing with the extension of emergency unemployment 
compensation and to concur in the Senate amendment. The Senate 
amendment was in the nature of a substitute for the House text. The 
proceedings of Mar. 4, 1993,(6) were as follows:
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 6. 4139 Cong. Rec. 4163, 4164, 103d Cong. 1st Sess.
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           emergency unemployment compensation amendments of 1993

        Mr. Moakley, from the Committee on Rules, submitted a 
    privileged report (Rept. No. 103-26) on the resolution (H. Res. 
    115) providing for the consideration of the Senate amendment to the 
    bill (H.R. 920) to extend the emergency unemployment compensation 
    program, and for other purposes, which was referred to the House 
    Calendar and ordered to be printed:

                                  H. Res. 115

            Resolved, That upon the adoption of this resolution it 
        shall be in order to consider in the House, any rule of the 
        House to the contrary notwithstanding, a motion to take from 
        the Speaker's table the bill (H.R. 920) to extend the emergency 
        unemployment compensation program, and for other purposes, with 
        the Senate amendment thereto, and to concur in the Senate 
        amendment. The Senate amendment shall be considered as read. 
        The motion shall be debatable for one hour equally divided and 
        controlled by the chairman and ranking minority member of the 
        Committee on Ways and Means or their respective designees. The 
        previous question shall be considered as ordered on the motion 
        to final adoption without intervening motion. The motion shall 
        be divided for a separate vote on concurring in section 7 of 
        the Senate amendment, any rule of the House to the contrary 
        notwithstanding.

        Mr. [John Joseph] Moakley [of Massachusetts]: Mr. Speaker, by 
    direction of the Committee on Rules, I call up House Resolution 115 
    and ask for its immediate consideration.
        The Clerk read the resolution.
        The Speaker Pro Tempore: (7) The question is, will 
    the House now consider House Resolution 115?
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 7. Romano L. Mazzoli (Ky.).
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        The question was taken; and, two-thirds having voted in favor 
    thereof, the House agreed to consider House Resolution 115.
        The Speaker Pro Tempore: The gentleman from Massachusetts [Mr. 
    Moakley] is recognized for 1 hour.
        Mr. Moakley: Mr. Speaker, for the purpose of debate only, I 
    yield the customary 30 minutes to the gentleman from Tennessee [Mr. 
    Quillen], pending

[[Page 11774]]

    which I yield myself such time as I may consume.
        Mr. Speaker, House Resolution 115 makes it in order to consider 
    in the House--any rule to the contrary notwithstanding--a motion to 
    take from the Speaker's table H.R. 920 with the Senate amendment, 
    and to agree to the Senate amendment. The Senate substitute is the 
    same as the House bill with the addition of a freeze on Members' 
    pay for calendar year 1994 at this year's level.
        The rule provides 1 hour of general debate. The rule also 
    automatically divides the question, allowing a separate vote on the 
    last section of the bill, elimination of cost of living adjustment 
    for Members of Congress in 1994. Mr. Speaker, the division is in 
    order any rule of the House to the contrary notwithstanding. . . .
        Mr. Speaker, I have no further requests for time, I yield back 
    the balance of my time, and I move the previous question on the 
    resolution.
        The previous question was ordered.
        The resolution was agreed to.
        A motion to reconsider was laid on the table . . .
        Mr. Moakley: Mr. Speaker, pursuant to House Resolution 115, I 
    move to take from the Speaker's table the bill (H.R. 920) ``an Act 
    to extend the emergency unemployment compensation program, and for 
    other purposes'', with the Senate amendment thereto, and to concur 
    in the Senate amendment.
        The Clerk read the title of the bill.
        The Speaker Pro Tempore: Under the rule, the Senate amendment 
    is considered as read.
        The text of the Senate amendment is as follows:

            Senate amendment: Strike out all after the enacting clause 
        and insert:
        section 1. short title.

            This Act may be cited as the ``Emergency Unemployment 
        Compensation Amendments of 1993''.

           sec. 2. extension of emergency unemployment compensation 
                                    program.

            (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the 
        Emergency Unemployment Compensation Act of 1991 (Public Law 
        102-164, as amended) are each amended by striking ``March 6, 
        1993'' and inserting ``October 2, 1993''.

        sec. 7. elimination of cost of living adjustment for members of 
                               congress in 1994.

            (a) Cost of Living Adjustment.--Notwithstanding section 
        601(a)(2) of the Legislative Reorganization Act of 1946 (2 
        U.S.C. 31(2)), the cost of living adjustment (relating to pay 
        for Members of Congress) which would become effective under 
        such provision of law during calendar year 1994 shall not take 
        effect.
            (b) Severability.--If any provision of this Act, or an 
        amendment made by this Act, or the application of such 
        provision to any person or circumstance, is held to be invalid, 
        the remainder of this Act, or an amendment made by this Act, or 
        the application of such provision to other persons or 
        circumstances, shall not be affected.

        The Speaker Pro Tempore: Under the rule, the gentleman from 
    California [Mr. Matsui] will be recognized for 30 minutes, and the 
    gentleman from Pennsylvania [Mr. Santorum] will be recognized for 
    30 minutes.
        The Chair recognizes the gentleman from California [Mr. 
    Matsui].
        Mr. Matsui: Mr. Speaker, I yield myself such time as I may 
    consume.

[[Page 11775]]

    After adoption of the resolution, and at the conclusion of the 
debate provided therein, the provision of the rule which permitted the 
separate vote was implemented as follows:

            Mr. [Robert T.] Matsui [of California]: Mr. Speaker, I have 
        no further requests for time, and I yield back the balance of 
        my time.

        The Speaker Pro Tempore: All time has expired.
        Pursuant to House Resolution 115, the previous question is 
    ordered on the motion, and pursuant to House Resolution 115, the 
    question on concurring in the Senate amendment will be divided.
        The first question before the House is on concurring in 
    sections 1 through 6 of the Senate amendment.
        The question was taken, and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. Matsui: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        The Sergeant at Arms will notify absent Members.
        The vote was taken by electronic device, and there were--ayes 
    247, nays 156, not voting 27, as follows: . . .
        The Speaker Pro Tempore: The Chair will advise the Members that 
    the question, having been divided, now before the House is on 
    concurring in section 7 of the Senate amendment which, the Chair 
    advises, deals with the cost-of-living adjustment.
        The question, therefore, is on concurring in section 7 of the 
    Senate amendment to H.R. 920.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.

        Mr. [Rick] Santorum [of Pennsylvania]: Mr. Speaker, I demand a 
    recorded vote.
        A recorded vote was ordered.
        The vote was taken by electronic device, and there were--ayes 
    403, noes 0, answered ``present'' 3, not voting 24, as follows: . . 
    .
        So section 7 of the Senate amendment to H.R. 920 was concurred 
    in.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.