[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[D. Types of Special Orders]
[Â§ 22. "Closed" Rules, Prohibiting Amendments and Allowing Only Certain Amendments]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4173-4196]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                       D. TYPES OF SPECIAL ORDERS
 
Sec. 22. ``Closed'' Rules, Prohibiting Amendments and Allowing Only 
    Certain Amendments

    Certain resolutions reported from the Committee on Rules are 
commonly termed ``closed rules'' or ``modified closed'' rules because 
they prohibit amendments, or allow only certain specified amendments. 
Such a special order typically provides that, following general debate 
in Committee of the Whole, the bill or resolution shall be considered 
as having been read for amendment, and that no amendments shall be in 
order except amendments offered by direction of the committee which 
reported the bill, such amendments not to be subject to amendment. Or 
the resolution may provide that no amendments except committee 
amendments or other designated amendments shall be in order, such 
amendments not to be subject to amendment.(4)
---------------------------------------------------------------------------
 4. The rules of the Democratic Caucus have on occasion required notice 
        of intent to seek a ``closed'' rule from the Committee on 
        Rules. See Sec. 22.22, infra.
            The motion to suspend the rules and pass a bill, under Rule 
        XXVII clauses 1-3, House Rules and Manual Sec. Sec. 902-907 
        (1979), may be used to pass a bill without amendment on the 
        floor. See Sec. 14, supra.
---------------------------------------------------------------------------

    A special order may also provide a closed rule for the 
consideration of a measure in the House, by providing that at the 
expiration of a certain period of debate, the previous question shall 
be considered as ordered.(5)
---------------------------------------------------------------------------
 5. See Sec. 22.16, infra.
            The Member who calls up a proposition in the House has 
        control of one hour of debate and may move the previous 
        question, which, if adopted, precludes amendment, even without 
        a special order. See Ch. 29, infra, for discussion of 
        consideration and debate in the House.
---------------------------------------------------------------------------

    Where a resolution allows only certain amendments, with such 
amendments not subject to amendment, pro forma amendments to strike out 
the last word are not in order.(6)
---------------------------------------------------------------------------
 6. See Sec. 22.20, infra. A ``closed'' rule may, however, specifically 
        allow pro forma amendments. See Sec. 22.19, infra.
---------------------------------------------------------------------------

    Under the provisions of a closed rule which prohibits the offering 
of amendments to a bill in Committee of the Whole but allows a motion 
in the House to recommit, a motion to recommit with instructions may be 
offered to incorporate an amendment which would not have been in order 
in Committee of the Whole because of the terms of the special 
order.(7)
---------------------------------------------------------------------------
 7. Compare Sec. Sec. 26.11, 26.12, infra, where the special order 
        prevented such a motion to recommit by prohibiting amendments 
        to a title of a bill during its consideration in both the House 
        and Committee of the Whole.

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

[[Page 4174]]

                            Cross References
As to procedure in Committee of the Whole generally, see Ch. 19, supra.
As to amendments generally, see Ch. 27, infra.
As to amendments under the hour rule in the House, see Ch. 29, infra.
As to amendments prohibited to propositions brought up under suspension 
    of the rules, see Sec. 14, supra.
As to the motion to recommit under a ``closed'' rule, see Sec. 26, 
    infra. As to the provision that the previous question be considered 
    as ordered by special rule, see Sec. 26 infra.

Committee Amendments Only Permitted

Sec. 22.1 Form of resolution permitting only committee amendments to a 
    bill, such amendments not to be subject to amendment.

    The following resolution was under consideration on Dec. 19, 1947:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the joint resolution (S.J. Res. 167) to aid in the stabilization 
    of commodity prices, to aid in further stabilizing the economy of 
    the United States, and for other purposes, and all points of order 
    against the said joint resolution are hereby waived. That after 
    general debate, which shall be confined to the joint resolution and 
    continue not to exceed 1 hour, to be equally divided and controlled 
    by the chairman and ranking minority member of the Committee on 
    Banking and Currency, the joint resolution shall be considered as 
    having been read for amendment. No amendment shall be in order to 
    said joint resolution except amendments offered by direction of the 
    Committee on Banking and Currency, and said amendments shall be in 
    order, any rule of the House to the contrary notwithstanding. 
    Amendments offered by direction of the Committee on Banking and 
    Currency may be offered to any section of the joint resolution at 
    the conclusion of the general debate, but such amendments shall not 
    be subject to amendment. At the conclusion of the consideration of 
    the joint resolution for amendment, the Committee shall rise and 
    report the same to the House with such amendments as may have been 
    adopted, and the previous question shall be considered as ordered 
    on the joint resolution and amendments thereto to final passage 
    without intervening motion except one motion to 
    recommit.(8)
---------------------------------------------------------------------------
 8. H. Res. 412, 93 Cong. Rec. 11720, 11721, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

    As a further example, the following resolution was considered on 
Feb. 18, 1959:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on

[[Page 4175]]

    the State of the Union for the consideration of the bill (H.R. 
    4245) relating to the taxation of the income of life insurance 
    companies, and all points of order against said bill are hereby 
    waived. After general debate, which shall be confined to the bill, 
    and shall continue not to exceed three hours, to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, the bill shall be considered as having 
    been read for amendment. No amendment shall be in order to said 
    bill except amendments offered by direction of the Committee on 
    Ways and Means, but said amendments shall not be subject to 
    amendment. At the conclusion of such consideration the Committee 
    shall rise and report the bill to the House with such amendments as 
    may have been adopted, and the previous question shall be 
    considered as ordered on the bill and amendments thereto to final 
    passage without intervening motion, except one motion to 
    recommit.(9)
---------------------------------------------------------------------------
 9. H. Res. 171, 105 Cong. Rec. 2565, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 22.2 Form of resolution providing for the consideration of a bill 
    and providing that only committee amendments, or amendments 
    proposing to strike portions of the bill. be in order.

    The following resolution was under consideration on July 23, 1953: 
(10)
---------------------------------------------------------------------------
10. H. Res. 347, 99 Cong. Rec. 9635, 9636, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 5894) to amend the Trade Agreements Extension Act 
    of 1951 and certain other provisions of law to provide adequate 
    protection for American workers, miners, farmers, and producers, 
    and all points of order against said bill are hereby waived. After 
    general debate, which shall be confined to the bill, and shall 
    continue not to exceed 3 hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, the bill shall be considered as having 
    been read for amendment. No amendments shall be in order to said 
    bill except amendments offered by direction of the Committee on 
    Ways and Means or amendments proposing to strike out a section, 
    paragraph, or subparagraph of the bill. Amendments that may be 
    offered to said bill under the terms of this resolution shall not 
    be subject to amendment. At the conclusion of the consideration of 
    the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted, 
    and the previous question shall be considered as ordered on the 
    bill and amendments thereto to final passage without intervening 
    motion, except one motion to recommit.

Sec. 22.3 Form of resolution providing a ``closed'' rule for the 
    consideration of a resolution dealing with a declaration of foreign 
    policy, allowing only committee amendments.

[[Page 4176]]

    The following resolution was under consideration on July 17, 1969: 
(11)
---------------------------------------------------------------------------
11. 115 Cong. Rec. 36080, 36081, 91st Cong. 1st Sess. In debate on the 
        resolution, Mr. James C. Wright, Jr. (Tex.) referred to 
        ``clearly established precedents in an unbroken chain for at 
        least the past 15 years ``which'' brought foreign policy 
        resolutions to the House on a closed rule.'' Id. at p. 36081.
---------------------------------------------------------------------------

                                H. Res. 722

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the resolution ( H. Res. 613) toward peace with justice in 
    Vietnam. After general debate, which shall be confined to the 
    resolution and shall continue not to exceed four hours, to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Foreign Affairs, the resolution shall be 
    considered as having been read for amendment. No amendment shall be 
    in order to said resolution except amendments offered by direction 
    of the Committee on Foreign Affairs, and such amendments shall not 
    be subject to amendment. At the conclusion of the consideration of 
    the resolution for amendment, the Committee shall rise and report 
    the resolution to the House with such amendments as may have been 
    adopted, and the previous question shall be considered as ordered 
    on the resolution and amendments thereto to final passage without 
    intervening motion except one motion to recommit.

Sec. 22.4 Form of resolution permitting no amendments except an 
    amendment printed in a Record of a previous day and offered by a 
    member of the committee.

    The following resolution was under consideration on July 7, 1953:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of H.R. 5173, a bill to provide that the excess of collections from 
    the Federal unemployment tax over unemployment compensation 
    administrative expenses shall be used to establish and maintain a 
    $200 million reserve in the Federal unemployment account which will 
    be available for advances to the States, to provide that the 
    remainder of such excess shall be returned to the States, and for 
    other purposes, and all points of order against said bill and any 
    provisions contained in said bill are hereby waived. After general 
    debate, which shall be confined to the bill, and shall continue not 
    to exceed 1 hour, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Ways and 
    Means, the bill shall be considered as having been read for 
    amendment. No amendment shall be in order to said bill, except that 
    it shall be in order for any member of the Committee on Ways and 
    Means to offer either or both of the proposed amendments printed in 
    the Congressional Record of July 6, 1953, page

[[Page 4177]]

    8037, and said amendments shall be in order, any rule of the House 
    to the contrary notwithstanding, but said amendments shall not be 
    subject to amendment. At the conclusion of the consideration of the 
    bill for amendment, the Committee shall rise and report the bill to 
    the House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion, 
    except one motion to recommit.(12)
---------------------------------------------------------------------------
12. H. Res. 316, 99 Cong. Rec. 8152, 83d Cong. 1st Sess.
---------------------------------------------------------------------------

    As a further example, the following resolution was considered on 
Apr. 20, 1955:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of H.R. 4644, a bill to increase the rates of basic salary of 
    postmasters, officers, supervisors, and employees in the postal 
    field service, to eliminate certain salary inequities, and for 
    other purposes, and all points of order against said bill are 
    hereby waived. After general debate, which shall be confined to the 
    bill, and shall continue not to exceed 2 hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Post Office and Civil Service, the bill shall 
    be considered as having been read for amendment. No amendment shall 
    be in order to said bill, except that it shall be in order for any 
    member of the Committee on Post Office and Civil Service to offer 
    any of the amendments proposed by the gentleman from California, 
    Mr. Moss, and printed in the Congressional Record of Tuesday, April 
    19, 1955, and said amendments shall be in order, any rule of the 
    House to the contrary notwithstanding, but said amendments shall 
    not be subject to amendment. At the conclusion of the consideration 
    of the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted, 
    and the previous question shall be considered as ordered on the 
    bill and amendments thereto to final passage without intervening 
    motion except one motion to recommit.(13)
---------------------------------------------------------------------------
13. H. Res. 211, 101 Cong. Rec. 4828. 84th Cong. 1st Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: Where a special rule makes in order only a 
specified amendment, the amendment when offered must take the exact 
form as specified, except by unanimous consent, to be in order.
    If the rule designates the Member who may offer the amendment, only 
that Member may offer it.

Sec. 22.5 Form of resolution permitting by way of amendments only a 
    motion by a member of the committee to substitute the text of 
    another hill

    The following resolution was under consideration on July 25, 1956: 
(14)
---------------------------------------------------------------------------
14. H. Res. 618, 102 Cong. Rec. 14456, 84th Cong. 2d Sess.

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

[[Page 4178]]

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 11742) to extend and amend laws relating to the 
    provision and improvement of housing and the conservation and 
    development of urban communities, and for other purposes. After 
    general debate, which shall be confined to the bill, and shall 
    continue not to exceed 2 hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Banking and Currency, the bill shall be considered as 
    having been read for amendment. No amendments shall be in order to 
    the said bill except that it shall be in order for any member of 
    the Committee on Banking and Currency to move to strike out all 
    after the enacting clause of the bill H.R. 11742 and insert as a 
    substitute the text of the bill H.R. 12328, and such substitute 
    shall be in order, any rule of the House to the contrary 
    notwithstanding, but shall not be subject to amendment. At the 
    conclusion of the consideration of the bill H.R. 11742, the 
    Committee shall rise and report the bill to the House with such 
    amendment as may have been adopted and the previous question shall 
    be considered as ordered on the bill and amendment thereto to final 
    passage without intervening motion, except one motion to recommit.

Sec. 22.6 Form of resolution permitting only committee amendments to a 
    certain portion of the bill.

    The following resolution was under consideration on June 9, 1955: 
(15)
---------------------------------------------------------------------------
15. H. Res. 265, 101 Cong. Rec. 7956, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 6227) to provide for the control and regulation 
    of bank holding companies, and for other purposes. After general 
    debate, which shall be confined to the bill, and shall continue not 
    to exceed 4 hours, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Banking 
    and Currency, the bill shall be read for amendment under the 5-
    minute rule. No amendments shall be in order to the portions of the 
    bill beginning on line 7, page 19, and ending on line 13, page 30, 
    amending the Internal Revenue Code, except amendments offered by 
    direction of the Committee on Banking and Currency and such 
    amendments shall be in order notwithstanding any rule of the House 
    to the contrary, but shall not be subject to amendment. At the 
    conclusion of the consideration of the bill for amendment, the 
    Committee shall rise and report the bill to the House with such 
    amendments as may have been adopted and the previous question shall 
    be considered as ordered on the bill and amendments thereto to 
    final passage without intervening motion, except one motion to 
    recommit.

Sec. 22.7 The House defeated the previous question on a reso

[[Page 4179]]

    lution providing for a ``closed'' rule and then, after considering 
    an amendment to permit reading the bill by titles and motions to 
    strike matter in the bill, ordered the previous question on the 
    amendment and resolution, rejected the amendment, and finally 
    agreed to the resolution as reported from the Committee on Rules.

    On Nov. 18, 1970, there was called up by direction of the Committee 
on Rules a resolution making in order the consideration of a bill (the 
Trade Act of 1970) and providing a ``closed'' rule, permitting only 
committee amendments, such amendments not to be subject to amendment: 
(16)
---------------------------------------------------------------------------
16. 116 Cong. Rec. 37823, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [John A.] Young [of Texas]: Mr. Speaker, by direction of 
    the Committee on Rules, I call up House Resolution 1225 and ask for 
    its immediate consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 1225

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move that the House resolve itself into 
        the Committee of the Whole House on the State of the Union for 
        the consideration of the bill (H.R. 18970) to amend the tariff 
        and trade laws of the United States, and for other purposes, 
        and all points of order against said bill are hereby waived. 
        After general debate, which shall be confined to the bill and 
        shall continue not to exceed eight hours, to be equally divided 
        and controlled by the chairman and ranking minority member of 
        the Committee on Ways and Means, the bill shall be considered 
        as having been read for amendment. No amendments shall be in 
        order to said bill except amendments offered by direction of 
        the Committee on Ways and Means, and said amendments shall be 
        in order, any rule of the House to the contrary 
        notwithstanding. Amendments offered by direction of the 
        Committee on Ways and Means may be offered to any section of 
        the bill at the conclusion of the general debate, but said 
        amendments shall not be subject to amendment. At the conclusion 
        of the consideration of the bill for amendment, the Committee 
        shall rise and report the bill to the House with such 
        amendments as may have been adopted, and the previous question 
        shall be considered as ordered on the bill and amendments 
        thereto to final passage without intervening motion except one 
        motion to recommit.

    After debate on the resolution, the previous question was moved and 
rejected; Mr. Sam M. Gibbons, of Florida, offered an amendment to the 
resolution: (17)
---------------------------------------------------------------------------
17. Id. at pp. 37834. 37835.
---------------------------------------------------------------------------

        Amendment offered by Mr. Gibbons: Strike out all of that 
    material beginning on page 1, line 10, after the comma down to the 
    period on line 7, page 2, and insert the following in lieu thereof: 
    ``the bill shall be read for amendment under the five-minute rule 
    by titles instead of by sections. No amendments shall be in order 
    to said

[[Page 4180]]

    bill except amendments offered by direction of the Committee on 
    Ways and Means or amendments proposing to strike out any matter in 
    the bill and such amendments of a conforming or clerical nature as 
    are necessary to perfect the text of the bill following the 
    adoption of any such amendment to strike. Amendments that may be 
    offered to said bill under the terms of this resolution shall be in 
    order, any rule of the House to the contrary notwithstanding.''. . 
    .
        Mr. Gibbons: . . . There is nothing very magical or very 
    different about my amendment to the rule than the rule reported by 
    the Rules Committee. All my amendment seeks to do is to give each 
    Member of this House, as the bill is read, as each title is 
    completed, the opportunity to come in and present an amendment to 
    strike--not an amendment to add any new material and not any 
    amendment to add any substance to the bill, but only to strike from 
    that bill.
        If things are stricken, obviously it is going to be necessary 
    to adopt clerical or perfecting amendments relating to punctuation 
    and numbering and so on, and that is provided for in this rule.
        This rule also provides there shall be the same amount of 
    general debate as provided in the rule reported by the Rules 
    Committee.
        There is really no substantial difference in the rule I am 
    proposing or the amendment to the rule I am proposing other than 
    that this rule, if adopted, would allow Members to come in and to 
    strike from this very important bill and this very controversial 
    bill items that the Members do not agree with.

    The previous question was ordered on the amendment and on the 
resolution; the amendment was rejected and the original resolution was 
agreed to.

Committee Amendments or Designated Amendments Only Permitted

Sec. 22.8 Form of resolution permitting only committee amendments and 
    specified amendments, such amendments not to be subject to 
    amendment.

    The following resolution was under consideration on June 29, 1951:

        Resolved, That immediately upon the adoption of this resolution 
    it shall be in order to move that the House resolve itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of the joint resolution (H.J. Res. 278) to continue 
    for a temporary period the Defense Production Act of 1950; the 
    Housing and Rent Act of 1947, as amended; and for other purposes, 
    and all points of order against the joint resolution are hereby 
    waived. That after general debate, which shall be confined to the 
    joint resolution and continued not to exceed 1 hour, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Banking and Currency, the joint resolution 
    shall be considered as having been read for amendment. No amendment 
    shall be in order to said joint res

[[Page 4181]]

    olution except (1) amendments offered by direction of the Committee 
    on Banking and Currency, and (2) the following amendment: 
    ``Notwithstanding any other provision of this resolution or any 
    other provision of law, the authority conferred under the Defense 
    Production Act of 1950, as amended, shall not be exercised during 
    the period, June 30, 1951, to July 31, 1951, inclusive, to place 
    into effect, or permit to become effective, a price ceiling for any 
    material or service lower than the ceiling in effect for such 
    material or service on the date of the enactment of this resolution 
    or to put into effect a ceiling for any material or service for 
    which a ceiling is not in effect on the date of the enactment of 
    this resolution'', and said amendments shall be in order, any rule 
    of the House to the contrary notwithstanding. Amendments offered by 
    direction of the Committee on Banking and Currency or the amendment 
    provided herein may be offered to any section of the joint 
    resolution at the conclusion of the general debate, but said 
    amendments shall not be subject to amendment. At the conclusion of 
    the consideration of the joint resolution for amendment, the 
    committee shall rise and report the joint resolution to the House 
    with such amendments as may have been adopted, and the previous 
    question shall be considered as ordered on the joint resolution and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit.(18)
---------------------------------------------------------------------------
18. H. Res. 294, 97 Cong. Rec. 7482, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

    As a further example, the following resolution was considered on 
July 8, 1954:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of H.R. 9709, a bill to extend and improve the unemployment 
    compensation program, and all points of order against said bill are 
    hereby waived. After general debate, which shall be confined to the 
    bill, and shall continue not to exceed 3 hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Ways and Means, the bill shall be considered as 
    having been read for amendment. No amendment shall be in order to 
    said bill except amendments offered by direction of the Committee 
    on Ways and Means and except that it shall be in order for any 
    member of the Committee on Ways and Means to offer either or both 
    of the proposed amendments printed in the Congressional Record of 
    July 7, 1954, and said amendments shall be in order, any rule of 
    the House to the contrary notwithstanding, but said amendments 
    shall not be subject to amendment. At the conclusion of the 
    consideration of the bill for amendment, the Committee shall rise 
    and report the bill to the House with such amendments as may have 
    been adopted, and the previous question shall be considered as 
    ordered on the bill and amendments thereto to final passage without 
    intervening motion, except one motion to recommit.(19)
---------------------------------------------------------------------------
19. H. Res. 614, 100 Cong. Rec. 10062, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

    Similarly, a resolution was considered on June 18, 1962, as 
follows:

[[Page 4182]]

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the state of the Union for the consideration 
    of the bill (H.R. 12154) to amend and extend the provisions of the 
    Sugar Act of 1948, as amended, and all points of order against said 
    bill are hereby waived. That after general debate, which shall be 
    confined to the bill, and shall continue not to exceed three hours, 
    to be equally divided and controlled by the chairman and ranking 
    minority member of the Committee on Agriculture, the bill shall be 
    considered as having been read for amendment. No amendments shall 
    be in order to said bill except amendments offered by the direction 
    of the Committee on Agriculture; an amendment to page 2, line 17, 
    proposing to insert the following: ``Provided, however, that the 
    total amount of sugar needed to meet requirements of consumers in 
    the continental United States shall not be less than the amount 
    required after allowances for normal carryover, to give consumers 
    of the continental United States a per capital consumption of 100 
    pounds.''; and an amendment to page 25, lines 3 to 23, inclusive, 
    to strike out Sec. 18; and said amendments shall be in order, any 
    rule of the House to the contrary notwithstanding. Amendments 
    offered by direction of the Committee on Agriculture may be offered 
    to any section of the bill at the conclusion of the general debate, 
    but said amendments shall not be subject to amendment; nor shall 
    the two additional amendments permitted under this rule be subject 
    to amendment. At the conclusion of the consideration of the bill 
    for amendment, the Committee shall rise and report the bill to the 
    House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit.(20)
---------------------------------------------------------------------------
20. H. Res. 691, 108 Cong. Rec. 10796, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

Sec. 22.9 Form of resolution providing ``modified closed rule,'' 
    permitting only committee amendments or designated amendments (1) 
    containing text previously inserted in the Congressional Record or 
    (2) striking out specified portions of the bill, with such 
    amendments not subject to amendment.

    The following resolution was under consideration on Dec. 10, 1973:

                                  H. Res. 657

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill H.R. 10710) to promote the development of an open 
    nondiscriminatory, and fair world economic system, to stimulate the 
    economic growth of the United States, and for other purposes, and 
    all points of order against said bill are hereby waived. After 
    general debate, which shall be confined to the bill and shall 
    continue not to exceed seven hours, six

[[Page 4183]]

    hours to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Ways and Means, and one 
    hour to be controlled by Representative John H. Dent, of 
    Pennsylvania, the bill shall be considered as having been read for 
    amendment. No amendment shall be in order to said bill except 
    amendments offered by direction of the Committee on Ways and Means, 
    an amendment offered to section 402 of said bill containing the 
    text printed on page 34311 of the Congressional Record of October 
    16, 1973, an amendment proposing to strike out title IV of said 
    bill and an amendment proposing to strike out title V of said bill, 
    and said amendments shall be in order, any rule of the House to the 
    contrary notwithstanding, but shall not be subject to amendment. At 
    the conclusion of the consideration of the bill for amendment, the 
    Committee shall rise and report the bill to the House with such 
    amendments as may have been adopted, and the previous question 
    shall be considered as ordered on the bill and amendments thereto 
    to final passage without intervening motion except one motion to 
    recommit.(1)
---------------------------------------------------------------------------
 1. 119 Cong. Rec. 40489, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 22.10 In response to a parliamentary inquiry, the Speaker pro 
    tempore indicated that if the House adopted an amendment to a 
    pending ``closed rule'' permitting motions to ``strike out any 
    matter in the bill,'' motions to strike out any portion of the bill 
    would be in order.

    On Nov. 18, 1970, there was pending before the House House 
Resolution 1225, reported from the Committee on Rules and providing for 
consideration of a tariff bill. The resolution as reported allowed only 
committee amendments to the bill, such amendments not to be subject to 
amendment. The previous question was rejected on the resolution, and 
Mr. Sam M. Gibbons, of Florida, was recognized to offer an amendment to 
the resolution:

        Mr. Speaker, I offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Gibbons: Strike out all of that 
        material beginning on page 1, line 10, after the comma down to 
        the period on line 7, page 2, and insert the following in lieu 
        thereof: ``the bill shall be read for amendment under the five-
        minute rule by titles instead of by sections. No amendments 
        shall be in order to said bill except amendments offered by 
        direction of the Committee on Ways and Means or amendments 
        proposing to strike out any matter in the bill and such 
        amendments of a conforming or clerical nature as are necessary 
        to perfect the text of the bill following the adoption of any 
        such amendment to strike. Amendments that may be offered to 
        said bill under the terms of this resolution shall be in order, 
        any rule of the House to the contrary notwithstanding.'' 
        (2)
---------------------------------------------------------------------------
 2. 116 Cong. Rec. 37835, 91st Cong. 2d Sess.

Speaker pro tempore John J. Rooney, of New York, answered a par

[[Page 4184]]

liamentary inquiry on the effect of the amendment should it be adopted:

        Mr. Gibbons: I will be glad to yield for the purpose of a 
    parliamentary inquiry.
        Mr. [Charles A.] Vanik [of Ohio]: I would like to make this 
    parliamentary inquiry.
        Mr. Speaker, under the rule as has been submitted by the 
    gentleman from Florida, am I correct in understanding that it will 
    be in order to strike out either any language or any section or any 
    provision which presently exists in the trade bill as reported by 
    the Committee on Ways and Means?
        The Speaker Pro Tempore: Under the terms of the amendment, any 
    motion to strike out any language, word or otherwise in any part of 
    the bill would be in order.
        Mr. Vanik: Including an entire section?
        The Speaker Pro Tempore: Including an entire section, or 
    title.(3)
---------------------------------------------------------------------------
 3. Id. at p. 37838.
---------------------------------------------------------------------------

    The House then rejected the amendment and agreed to the resolution 
as originally called up.(4)
---------------------------------------------------------------------------
 4. Id. at p. 37841.
---------------------------------------------------------------------------

Sec. 22.11 When a bill was being considered under a resolution 
    providing that ``no amendment shall be in order to said bill except 
    proposals to strike out any of its provisions or to increase or 
    decrease the amounts authorized therein,'' amendments proposing to 
    change the time when provisions of the bill were to be effective 
    were held not to be in order.

    On Feb. 16, 1955, Chairman Howard W. Smith, of Virginia, ruled as 
follows on an amendment offered in Committee of the Whole to a bill 
being considered under a special rule (H. Res. 141) allowing only 
certain kinds of amendments to be offered.(6)
---------------------------------------------------------------------------
 5. 101 Cong. Rec. 1585, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Sec. 5. (a) The provisions of sections 1, 2, and 3 shall 
        take effect on the 1st day of January 1955.
            (b) The provisions of section 4 shall take effect as of the 
        commencement of the 84th Congress.

        Mr. [Richard H.] Poff [of Virginia]: Mr Chairman, I offer an 
    amendment, which I send to the desk.
        The Clerk read as follows:

            Amendment offered by Mr. Poff: On page 5, line 13, strike 
        out ``84th'' and insert in lieu thereof ``85th.''

        Mr. [Emanuel] Celler [of New York]: Mr. Chairman, a point of 
    order. Under the rule, House Resolution 141, the amendment offered 
    by the gentleman from Virginia, is not germane, and therefore not 
    in order.
        The Chairman: As stated by the Chair before the reading of the 
    bill, under the rule by which the bill is being considered, no 
    amendments are in order except those raising or low

[[Page 4185]]

    ering the amount, or striking out some portion of the bill.
        Therefore, such amendment changing the effective date of the 
    bill would not be in order, and the Chair sustains the point of 
    order.

    The Chairman made a similar ruling further on during the 
consideration of the same bill: (6)
---------------------------------------------------------------------------
 6. Id. at p. 1586.
---------------------------------------------------------------------------

        Mr. [Usher L.] Burdick [of North Dakota]: Mr. Chairman, I offer 
    an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Burdick: Page 5, strike out 
        section 5 and insert a new section 5 to read as follows:
            ``Sec. 5. This act shall take effect on January 1, 1957.''

        Mr. Celler: Mr. Chairman a point of order.
        The Chairman: The gentleman will state it.
        Mr. Celler: Mr. Chairman, I make the point of order that under 
    the terms of House Resolution 141, this amendment is out of order.
        The Chairman: The Chair will state that this amendment falls 
    within the same class as the one previously ruled on with respect 
    to this section.
        The Chair sustains the point of order.

Partially Closed Rule on Bill Managed by Two Committees

Sec. 22.12 Form of resolution, on bill managed by two committees, 
    permitting only amendments by one of those committees to a title of 
    the bill

    The following resolution was under consideration on Apr. 26, 1956: 
(7)
---------------------------------------------------------------------------
 7. H. Res. 485, 102 Cong. Rec. 7110, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H. R. 10660) to amend and supplement the Federal-Aid 
    Road Act approved July 11, 1916, to authorize appropriations for 
    continuing the construction of highways; to amend the Internal 
    Revenue Code of 1954 to provide additional revenue from the taxes 
    on motor fuel, tires, and trucks and buses; and for other purposes. 
    After general debate, which shall be confined to the bill, and 
    shall continue not to exceed 5 hours, 3 hours to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Public Works, and 2 hours to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, the bill shall be read for amendment 
    under the 5-minute rule. No amendments shall be in order to title 
    II of the bill except amendments offered by direction of the 
    Committee on Ways and Means which shall be in order notwithstanding 
    any rule of the House to the contrary, but shall not be subject to 
    amendment. At the conclusion of the consideration of the bill, the 
    Committee shall rise and report the bill to the House with such

[[Page 4186]]

    amendments as may have been adopted, and the previous question 
    shall be considered as ordered on the bill and amendments thereto 
    to final passage without intervening motion except one motion to 
    recommit.

Sec. 22.13 A special order may provide for the consideration of a bill 
    where general debate is to be divided between two committees 
    involved with the bill, and where no amendments may be offered to 
    one title except by direction of one of the committees, and where 
    no amendments may be offered to the other title except by direction 
    of the second committee.

    On May 4, 1961, the House adopted a special order reported by the 
Committee on Rules:

        Mr. [James W.] Trimble [of Arkansas]: Mr. Speaker? by direction 
    of the Committee on Rules, I call up the resolution (H. Res. 275) 
    providing for the consideration of H.R. 6713, a bill to amend 
    certain laws relating to Federal aid highways, to make certain 
    adjustments in the Federal-aid highway program, and for other 
    purposes, and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move that the House resolve itself into 
        the Committee of the Whole House on the sState of the Union for 
        the consideration of the bill (H.R. 6713) to amend certain laws 
        relating to Federal-aid highways, to make certain adjustments 
        in the Federal-aid highway program, and for other purposes, and 
        all points of order against said bill are hereby waived. After 
        general debate, which shall be confined to the bill, and shall 
        continue not to exceed six hours, three hours to be equally 
        divided and controlled by the chairman and ranking minority 
        member of the Committee on Public Works, and three hours to be 
        equally divided and controlled by the chairman and ranking 
        minority member of the Committee on Ways and Means, the bill 
        shall be considered as having been read for amendment. No 
        amendments shall be in order to title I of the bill except 
        amendments offered by direction of the Committee on Public 
        Works, and no amendments shall be in order to title II of the 
        bill except amendments offered by direction of the Committee on 
        Ways and Means, which shall be in order notwithstanding any 
        rule of the House to the contrary, but any such amendments 
        shall not be subject to amendment. At the conclusion of the 
        consideration of the bill, the Committee shall rise and report 
        the bill to the House with such amendments as may have been 
        adopted, and the previous question shall be considered as 
        ordered on the bill and amendments thereto to final passage 
        without intervening motion except one motion to 
        recommit.(8)
---------------------------------------------------------------------------
 8. 107 Cong. Rec. 7378, 87th Cong. 1st Sess.
---------------------------------------------------------------------------

    Parliamentarian's Note: The bill provided for originated from draft 
legislation submitted by the President and referred to the Committee on 
Ways and Means, since containing extensive revisions of the revenue 
features associated with the highway program. The

[[Page 4187]]

Committee on Ways and Means considered the tax measures contained 
therein and informally reported their recommendations to the Committee 
on Public Works. A ``clean bill,'' H.R. 6713, was introduced by George 
H. Fallon, of Maryland, Chairman of the Committee on Public Works 
Subcommittee on Public Roads, and was reported by the Committee on 
Public Works; title II of the reported bill contained the tax measures.
    When the bill was considered in Committee of the Whole, the 
Chairman and ranking minority member of the Committee on Public Works 
were first recognized for general debate and they used all the time 
they wished to consume before the Chairman of the Committee on Ways and 
Means was recognized to debate title II of the bill.

Special Orders Closed in Part, Open in Part

Sec. 22.14 Form of special order dividing general debate between two 
    committees and providing that one part of the bill, within one 
    committee's jurisdiction, be open to amendment and that the other 
    part of the bill, within the other committee's jurisdiction, be 
    closed to amendment.

    The following resolution was under consideration on Nov. 6 1969:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 14465) to provide for the expansion and 
    improvement of the Nation's airport and airway system, for the 
    imposition of airport and airway user charges, and for other 
    purposes. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, two hours to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Interstate and Foreign Commerce, and two 
    hours to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Ways and Means, title I 
    of the bill shall be read for amendment under the five-minute rule. 
    At the conclusion of the consideration of title I of the bill for 
    amendment, title II of the bill shall be considered as having been 
    read for amendment. No amendments shall be in order to title II of 
    the bill except amendments offered by the direction of the 
    Committee on Ways and Means, and said amendments shall be in order, 
    any rule of the House to the contrary notwithstanding, but shall 
    not be subject to amendment. At the conclusion of the consideration 
    of the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted and 
    the previous question shall be considered as ordered on the bill 
    and amendments thereto to final

[[Page 4188]]

    passage without intervening motion except one motion to 
    recommit.(9)
---------------------------------------------------------------------------
 9. H. Res. 610, 115 Cong. Rec. 33260, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 22.15 Form of special order dividing general debate between two 
    committees and providing that parts of the bill, within one 
    committee's jurisdiction, be open to amendment and that another 
    part of the bill, within the other committee's jurisdiction, be 
    closed to amendment.

    The following resolution was considered on Sept. 23, 1970:

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 18583) to amend the Public Health Service Act and 
    other laws to provide increased research into, and prevention of, 
    drug abuse and drug dependence; to provide for treatment and 
    rehabilitation of drug abusers and drug dependent persons; and to 
    strengthen existing law enforcement authority in the field of drug 
    abuse. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, three hours to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Interstate and Foreign Commerce, and one 
    hour to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Ways and Means, the 
    bill shall be read for amendment under the five-minute rule. It 
    shall be in order to consider without the intervention of any point 
    of order the amendment in the nature of a substitute recommended by 
    the Committee on Interstate and Foreign Commerce now printed in the 
    bill as an original bill for the purpose of amendment under the 
    five-minute rule. At the conclusion of the consideration of title 
    II of the amendment in the nature of a substitute for amendment, 
    title III of said substitute shall be considered as having been 
    read for amendment. No amendments shall be in order to title III of 
    said substitute except amendments offered by direction of the 
    Committee on Ways and Means, and said amendments shall be in order, 
    any rule of the House to the contrary notwithstanding, but shall 
    not be subject to amendment. At the conclusion of the consideration 
    of the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted, 
    and any Member may demand a separate vote in the House on any 
    amendment adopted in the Committee of the Whole to the bill or 
    committee amendment in the nature of a substitute. The previous 
    question shall be considered as ordered on the bill and amendments 
    thereto to final passage without intervening motion except one 
    motion to recommit with or without instruction.(10)
---------------------------------------------------------------------------
 10. H. Res. 1216, 116 Cong. Rec. 33296, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

Closed Rule for Consideration in House

Sec. 22.16 The right to offer amendments does not exist

[[Page 4189]]

    where a special rule, in providing for the consideration of a bill 
    in the House, orders the previous question after a fixed time for 
    general debate.

    On Mar. 11, 1933, Mr. Joseph W. Byrns, of Tennessee, offered a 
resolution, before committees were elected:

                            House Resolution 32

        Resolved, That immediately upon the adoption of this resolution 
    the House shall proceed to the consideration of H.R. 2820, a bill 
    to maintain the credit of the United States Government, and all 
    points of order against said bill shall be considered as waived; 
    that, after general debate, which shall be confined to the bill and 
    shall continue not to exceed two hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Economy, the previous question shall be considered as 
    ordered on the bill to final passage.

    Speaker Henry T. Rainey, of Illinois, answered a parliamentary 
inquiry as to the right to offer amendments under the provisions of the 
resolution:

        Mr. [Gordon] Browning [of Tennessee]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Browning: If this resolution is adopted, there will not be 
    any privilege of amendment given to the House, under any 
    consideration?
        The Speaker: There will not be.(11)
---------------------------------------------------------------------------
 11. 77 Cong. Rec. 198, 73d Cong. 1st Sess.
---------------------------------------------------------------------------

Motion That Committee Rise With Recommendation Enacting Clause Be 
    Stricken

Sec. 22.17 Where a bill is being considered under a rule permitting 
    only committee amendments and no amendments thereto, a motion that 
    the Committee rise and report the bill back to the House with the 
    recommendation that the enacting clause be stricken out is in order 
    until the stage of amendment has passed, and is debatable, five 
    minutes for and five against.

    On Sept. 3, 1959,(12) the Committee of the Whole was 
considering H.R. 8678 (Federal Aid Highway Act) for amendment under the 
five-minute rule, pursuant to a ``closed'' rule permitting only 
committee amendments and no amendments thereto. After a Member had 
spoken for five minutes in favor of a pending committee amendment 
(there being other committee amendments not yet considered), the Chair 
refused recognition for another speech in
---------------------------------------------------------------------------
 12. 105 Cong. Rec. 17988, 17989, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 4190]]

favor of the amendment, and the Committee proceeded as follows:

        The Chairman: (13) The Chair will state to the 
    gentleman that only 5 minutes is permitted in support of the 
    amendment and 5 minutes in opposition. Five minutes has been 
    consumed in support of the amendment. Therefore, the Chair cannot 
    recognize the gentleman at this time.
        The question is on the amendment.
        The amendment was agreed to. . . .
---------------------------------------------------------------------------
 13. William Pat Jennings (Va.).
---------------------------------------------------------------------------

        The Chairman: The time of the gentleman from New York has 
    expired, all time on the amendment has expired.
        Mr. [Wayne L.] Hays [of Ohio]: Mr. Chairman, I offer a 
    preferential motion.
        The Chairman: The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Hays moves that the Committee do now rise and report 
        the bill back to the House with the recommendation that the 
        enacting clause be stricken out.

    Mr. Hays debated the motion for five minutes and another Member was 
recognized for five minutes in opposition to the motion.
    The bill was being considered under a special order providing as 
follows: (14)
---------------------------------------------------------------------------
14. H. Res. 372, 105 Cong. Rec. 17946, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        . . . After general debate, which shall be confined to the 
    bill, and shall continue not to exceed two hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Public Works, the bill shall be considered as 
    having been read for amendment. No amendment shall be in order to 
    said bill except amendments offered by direction of the Committee 
    on Public Works. Amendments offered by direction of the Committee 
    on Public Works may be offered to any section of the bill at the 
    conclusion of the general debate, but said amendments shall not be 
    subject to amendment.(15)
---------------------------------------------------------------------------
15. See also 106 Cong. Rec. 12720-25, 86th Cong. 2d Sess., June 15, 
        1960; and 106 Cong. Rec. 10577-79, 86th Cong. 2d Sess., May 18, 
        1960.
---------------------------------------------------------------------------

Sec. 22.18 Where a bill is being considered under a ``closed'' rule 
    permitting only committee amendments and no amendments thereto, a 
    motion that the Committee rise and report the bill back to the 
    House with the recommendation that the enacting clause be stricken 
    out is not in order where no committee amendments are offered, 
    since the stage of amendment has been passed.

    On Apr. 16, 1970, the Committee of the Whole concluded general 
debate on H.R. 16811 (the Family Assistance Act of 1970) where the 
House had adopted a ``closed'' rule for the consideration of the bill 
(H. Res. 916), allowing only committee amendments to

[[Page 4191]]

the bill, such amendments not be be subject to amendment. Chairman John 
D. Dingell, of Michigan, indicated in response to a parliamentary 
inquiry that since the bill was considered read for amendment and no 
committee amendments were offered, the stage of amendment was passed 
and a preferential motion was not in order:(16)
---------------------------------------------------------------------------
16. 116 Cong. Rec. 12092, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Chairman, I have no 
    further requests for time. I had some time to reserve for myself, 
    but I yield back the balance of my time.
        The Chairman: Under the rule, the bill is considered as having 
    been read for amendment. No amendments are in order to the bill 
    except amendments offered by direction of the Committee on Ways and 
    Means.
        Are there any committee amendments?
        Mr. Mills: Mr. Chairman, there are no committee amendments.
        Mr. [Omar T.] Burleson of Texas: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Burleson of Texas: Mr. Chairman, I have a preferential 
    motion. Is it in order to offer a preferential motion at this time?
        The Chairman: Will the gentleman advise the Chair what sort of 
    preferential motion he has in mind?
        Mr. Burleson of Texas: To strike the enacting clause.
        The Chairman: The Chair will advise the gentleman from Texas 
    that that motion is not in order unless amendments are in order, 
    and are offered. There being no committee amendments, that motion 
    will not be in order at this time.
        Mr. Burleson of Texas: Mr. Chairman, may I inquire, if there 
    are no committee amendments to be offered, if the bill is 
    perfected?
        The Chairman: The Chair will advise the gentleman from Texas 
    that the chairman of the Committee on Ways and Means, the gentleman 
    from Arkansas (Mr. Mills), has just advised the Chair that there 
    are no committee amendments. That being so, the motion is not in 
    order at this time.
        Under the rule, the Committee rises.

Pro Forma Amendments Under Closed Rule

Sec. 22.19 Form of resolution permitting only committee amendments and 
    a specified amendment, such amendments not being subject to 
    amendment except pro forma amendments.

    The following resolution was under consideration on Feb. 24, 1955: 
Resolved, That upon the adoption of this resolution it shall be in 
order to move that the House resolve itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 4259) to provide a 1-year extension of the

[[Page 4192]]

existing corporate normal-tax rate and of certain existing excise-tax 
rates, and to provide a $20 credit against the individual income tax 
for each personal exemption. After general debate, which shall be 
confined to the bill and shall continue not to exceed 4 hours, to be 
equally divided and controlled by the chairman and ranking minority 
member of the Committee on Ways and Means, the bill shall be considered 
as having been read for amendment. No amendment shall be in order to 
said bill except amendments offered by direction of the Committee on 
Ways and Means or one amendment to strike out all after line 17, page 
4, of the bill, but said amendments shall not be subject to amendment 
except pro forma amendments which shall be in order. At the conclusion 
of such consideration, the Committee shall rise and report the bill to 
the House with such amendments as may have been adopted, and the 
previous question shall be considered as ordered on the bill and 
amendments thereto to final passage without intervening motion, except 
one motion to recommit.(17)
---------------------------------------------------------------------------
17. H. Res. 153, 101 Cong. Rec. 2031, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 22.20 Pro forma amendments are not in order when a bill is being 
    considered under a closed rule which permits no amendments except 
    by direction of the committee reporting the bill, such amendments 
    not to be subject to amendment.

    On Sept. 3, 1959,(18) the House adopted a resolution 
providing for the consideration of the Federal Aid Highway Act and 
limiting amendments as follows:
---------------------------------------------------------------------------
18. H. Res. 372, 105 Cong. Rec. 17946, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        . . . After general debate, which shall be confined to the 
    bill, and shall continue not to exceed two hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Public Works, the bill shall be considered as 
    having been read for amendment. No amendment shall be in order to 
    said bill except amendments offered by direction of the Committee 
    on Public Works. Amendments offered by direction of the Committee 
    on Public Works may be offered to any section of the bill at the 
    conclusion of the general debate, but said amendments shall not be 
    subject to amendment.

    While this bill was under consideration in Committee of the Whole, 
Chairman William Pat Jennings, of Virginia, ruled that pro forma 
amendments (to ``strike out the last word'') were not in order:

        The Chairman: No amendments are in order except amendments 
    offered by

[[Page 4193]]

    the Committee on Public Works. The Clerk will report the first 
    committee amendment.
        The Clerk read as follows:

            Committee amendment: Page 2, line 4, after ``1956'' insert 
        ``as amended.''

        Mr. [Frank J.] Becker [of New York]: Mr. Chairman, I move to 
    strike out the last word.
        The Chairman: The Chair will state to the gentleman that that 
    is not in order.
        The question is on the committee amendment.
        The committee amendment was agreed to.(19)
---------------------------------------------------------------------------
19. Id. at pp. 17987, 17988.
---------------------------------------------------------------------------

    Chairman Samuel S. Stratton, of New York, made a similar ruling on 
Oct. 5, 1962, when House Concurrent Resolution 570 (expressing the 
sense of Congress with respect to Berlin) was being considered under a 
similar special order.(1)
---------------------------------------------------------------------------
 1. H. Res. 827, 108 Cong. Rec. 22636, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: There being no further requests for time, under 
    the rule the House concurrent resolution is considered as having 
    been read for amendment. No amendment is in order except amendments 
    offered by the direction of the Committee on Foreign Affairs and 
    such amendments shall not be subject to amendment.
        The Clerk will report the committee amendment.
        The Clerk read as follows:

            Committee amendment: Page 2, line 2, after ``concurring,'' 
        strike out the remainder of page 2 and lines 1, 2, and 3 on 
        page 3 and insert the following: . . .

        Mr. [Thomas B.] Curtis of Missouri: Mr. Chairman, I move to 
    strike out the last word.
        The Chairman: The Chair will state that the only amendment in 
    order is the amendment offered by the committee.
        The gentleman can rise in support of the amendment.
        Mr. Curtis of Missouri: Mr. Chairman, I rise in support of the 
    amendment.
        The Chairman: The gentleman is recognized for 5 minutes.

    On Mar. 8, 1960,(2) the House adopted House Resolution 
468, providing for the consideration of H.R. 5, the Foreign Investment 
Incentive Tax Act, and limiting amendments as follows:
---------------------------------------------------------------------------
 2. 106 Cong. Rec. 4956, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        . . . After general debate, which shall be confined to the 
    bill, and shall continue not to exceed three hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Ways and Means, the bill shall be considered as 
    having been read for amendment. It shall be in order to consider 
    without the intervention of any point of order the substitute 
    amendment recommended by the Committee on Ways and Means now in the 
    bill and such substitute for the purpose of amendment shall be 
    considered under the five-minute rule as an original bill. No other 
    amendment to the bill or com

[[Page 4194]]

    mittee substitute shall be in order except amendments offered by 
    direction of the Committee on Ways and Means, and said amendments 
    shall be in order, any rule of the House to the contrary 
    notwithstanding, but such amendments shall not be subject to 
    amendment.

    On May 18, while H.R. 5 was under consideration in Committee of the 
Whole, Chairman William H. Natcher, of Kentucky, answered an inquiry on 
recognition to discuss amendments: (3)
---------------------------------------------------------------------------
 3. Id. at D. 10576.
---------------------------------------------------------------------------

        Mr. [Cleveland M.] Bailey [of West Virginia]: I rise in 
    opposition to the amendment, and I oppose the legislation in 
    general.
        Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Bailey: On what ground may I get recognition for the 
    purpose of opposing the legislation?
        The Chairman: The Chair recognized the gentleman from Louisiana 
    [Mr. Boggs] for 5 minutes in support of the committee amendment, so 
    the gentleman from Louisiana would have to yield to the 
    distinguished gentleman from West Virginia.
        Mr. Bailey: At the expiration of the 5 minutes allowed the 
    gentleman from Louisiana, may I be recognized to discuss the 
    amendment?
        The Chairman: If no other member of the committee rises in 
    opposition to the amendment, the Chair will recognize the 
    gentleman.

Sec. 22.21 Pro forma amendments are not in order when a bill is being 
    considered under a ``closed'' rule.

    On Mar. 16, 1965, the House adopted House Resolution 272 (providing 
for the consideration of H.R. 5505, federal standards for congressional 
districting). The resolution was a ``closed'' rule, allowing only 
committee amendments: (4~)
---------------------------------------------------------------------------
 4. 111 Cong. Rec. 5080, 89th Cong. 1st Sess.
---------------------------------------------------------------------------

        . . . After general debate, which shall be confined to the bill 
    and continue not to exceed three hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on the Judiciary, the bill shall be considered as having 
    been read for amendment. No amendment shall be in order to said 
    bill except amendments offered by direction of the Committee on the 
    Judiciary, and except amendments offered by the chairman or any 
    member of the Committee on the Judiciary with respect to the 
    following language of the bill: Page 2, line 6, beginning after the 
    word ``entitled'' through the end of that sentence on line 8, to 
    wit, ``and Representatives shall be elected only from districts so 
    established, no district to elect more than one Representative.'', 
    but said amendments shall not be subject to amendment.

    The Chairman of the Committee of the Whole, Albert C. Ullman, of 
Oregon, made a statement and answered an inquiry on permissible 
amendments following the conclusion of general debate: (5)
---------------------------------------------------------------------------
 5. Id. at p. 5099.
---------------------------------------------------------------------------

[[Page 4195]]

        The Chairman: The time of the gentleman from California has 
    expired. All time has expired.
        Under the rule, the bill is considered as having been read for 
    amendment. No amendments are in order to the bill except amendments 
    offered by direction of the Committee on the Judiciary, or 
    amendments offered by the chairman or any member of the Committee 
    on the Judiciary to the language of the bill on page 2, line 6, 
    beginning after the word ``entitled'' through the end of the 
    sentence on line 8, but such amendments shall not be subject to 
    amendment.
        Are there any amendments made in order by the rule?
        Mr. [Charles McC.] Mathias [Jr., of Maryland]: Mr. Chairman, I 
    offer an amendment.
        The Chairman: Is the amendment in accordance with the rule, I 
    would ask the gentleman from Maryland?
        Mr. Mathias: Yes, it is.
        The Clerk read as follows: . . .
        Mr. [John J.] Flynt [Jr., of Georgia]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Flynt: Mr. Chairman, my parliamentary inquiry is, Will any 
    Member of the Committee of the Whole be entitled to recognition for 
    the purpose of discussing the amendment of the gentleman from 
    Maryland?
        The Chairman: No amendments or pro forma amendments are in 
    order under the rule.
        Mr. Flynt: In other words, the gentleman from Maryland would be 
    recognized for 5 minutes and one person to be recognized for 5 
    minutes in opposition thereto?
        The Chairman: The gentleman is correct.

Requesting Closed Rule

Sec. 22.22 Pursuant to clause 17 of the Addendum of the Rules of the 
    Democratic Caucus, a Member inserted in the Record notice of his 
    intention to request the Committee on Rules to report to the House 
    a ``modified closed rule'' for the consideration of a bill reported 
    from the Committee on the Judiciary.

    On Nov. 12, 1973,(6) Mr. William L. Hungate, of 
Missouri, a member of the Committee on the Judiciary who would be 
managing a bill reported from that committee on the floor, made an 
announcement regarding the request for a special order from the 
Committee on Rules for the consideration of the bill:
---------------------------------------------------------------------------
 6. 119 Cong. Rec. 36651, 36652, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Speaker, on Tuesday, October 6, 1973, the Committee on the 
    Judiciary ordered favorably reported the bill H.R. 5463, to 
    establish rules of evidence for certain courts and proceedings.
        Pursuant to the provisions of clause 17 of the Addendum to the 
    Rules of the Democratic Caucus for the 93d Congress, I am hereby 
    inserting in the Congressional Record notice of my intention to 
    request, following the expi

[[Page 4196]]

    ration of 4 legislative days, the Committee on Rules to report to 
    the House a resolution providing for a ``modified closed rule'' on 
    the bill H.R. 5463. The rule I will be requesting would provide in 
    effect that after an extensive period of general debate not to 
    exceed 4 hours, on the bill, further consideration of the bill for 
    amendment would be postponed to a time certain to give Members an 
    opportunity to draft and to insert in the Record any amendments 
    which they proposed to offer to the bill. Those amendments, if 
    offered, would not be subject to amendment, on the floor, and 
    article V of the bill, the ``Privilege'' article, would not be 
    subject to amendment. Such a rule would I believe, best permit the 
    House of Representatives to work its will on this important and 
    complicated piece of legislation.

    Parliamentarian's Note: Addendum 17 to the Rules of the Democratic 
Caucus read as follows in the 93d Congress, first session:

        17. (a) It shall be the policy of the Democratic Caucus that no 
    committee chairman or designee shall seek, and the Democratic 
    Members of the Rules Committee shall not support, any rule or order 
    prohibiting any germane amendment to any bill reported from 
    committee until four (4) legislative days have elapsed following 
    notice in the Congressional Record of an intention to do so. (b) 
    If, within the four (4) legislative days following said notice in 
    the Congressional Record, 50 or more Democratic Members give 
    written notice to the chairman of the committee seeking the rule 
    and to the chairman of the Rules Committee that they wish to offer 
    a particular germane amendment, the chairman or designee shall not 
    seek and the Democratic Members of the Rules Committee shall not 
    support, any rule or order relating to the bill or resolution 
    involved until the Democratic Caucus has met and decided whether 
    the proposed amendment should be allowed to be considered in the 
    House. (c) If 50 or more Democratic Members give notice as provided 
    in subsection (b) above, then, notwithstanding the provisions of 
    Caucus Rule No. 3, the Caucus shall meet for such purpose within 
    three (3) legislative days following a request for such a Caucus to 
    the Speaker and the chairman of the Democratic Caucus by said 
    committee chairman or designee. (d) Provided, further, that notices 
    referred to above also shall be submitted to the Speaker, the 
    Majority Leader, and the chairman of the Democratic Caucus.