[Deschler's Precedents, Volume 9, Chapter 27]
[Chapter 27. Amendments]
[E. Consideration and Voting]
[Â§ 26. Committee Amendments]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 7110-7116]
 
                               CHAPTER 27
 
                               Amendments
 
                      E. CONSIDERATION AND VOTING
 
Sec. 26. Committee Amendments

Amendment to First Section Voted On Before Amendment in Nature of 
    Substitute

Sec. 26.1 A committee amendment to the first paragraph or section of a 
    bill is voted on before a vote is taken on an amendment in the 
    nature of a substitute to strike out all after the enacting clause 
    and insert new matter.

    On Feb. 9, 1940,(18) the following exchange took place:
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18. 86 Cong. Rec. 1330, 76th Cong. 3d Sess. Under consideration was 
        H.R. 960, extending the Classified Executive Civil Service.
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        Mr. [Jack] Nichols [of Oklahoma]: May an amendment which 
    proposes to strike out all after the enacting clause and insert 
    other matter be offered at any time during the process of the 
    reading of the bill, or must it be offered at some particular point 
    in the bill? . . .
        The Chairman: (19) It can be done after the reading 
    of the first section, as soon as the committee amendment is 
    disposed of.
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19. Charles F. McLaughlin (Nebr.).
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Amendment Adding Section

Sec. 26.2 While committee amendments to a pending section are normally 
    considered

[[Page 7111]]

    prior to amendments offered from the floor, a floor amendment to 
    the text of a pending section is considered before a committee 
    amendment adding a new section at the end of the pending section.

    On Oct. 4, 1972,(20) the following proceedings took 
place:
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20. 118 Cong. Rec. 33779, 92d Cong. 2d Sess. Under consideration was S. 
        1316.
            See also 110 Cong. Rec. 3215, 88th Cong. 2d Sess., Feb. 20, 
        1964, where an amendment offered from the floor was considered 
        before a committee amendment reported in the bill.
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        Mr. [John H.] Kyl [of Iowa]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Kyl: Page 1, line 6, at the end 
        thereof insert the following: . . .

        Mr. [Wiley] Mayne [of Iowa]: Mr. Chairman, I believe there are 
    several committee amendments. Would they not be in order first and 
    then the amendment of the gentleman from Iowa be out of order 
    unless deferred until after the committee amendment has been 
    disposed of?
        The Chairman: (1) The amendment offered by the 
    gentleman from Iowa is to section 1 and it is thus in order at this 
    point. . . .
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 1.  Stuart Symington (Mo.).
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        So the amendment was agreed to. . . .
        The Chairman: The Clerk will report the first committee 
    amendment.
        The Clerk read as follows:

            Committee amendment: Page 1, line 6, insert the following 
        new section: . . .

Bill Open to Amendment at Any Point

Sec. 26.3 Where a bill was open to amendment at any point and there was 
    pending a perfecting committee amendment, the Chairman indicated 
    that further amendments to the bill would be in order following 
    disposition of the committee amendment.

    On May 30, 1973, (2) the following proceedings took 
place:
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 2. 119 Cong. Rec. 17338, 93d Cong. 1st Sess. Under consideration was 
        H.R. 5858.
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        Mr. [M. G.] Snyder [of Kentucky]: Mr. Chairman, I offer an . . 
    . amendment.
        The Chairman: (3) the committee amendment is 
    pending. Is this an amendment to the committee amendment?
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 3.  Frank E. Evans (Colo.).
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        Mr. Snyder: It is to the bill.
        The Chairman: There is an amendment pending.
        Mr. Snyder: Mr. Chairman, a parliamentary inquiry. If the 
    committee amendment is adopted, is the parliamentary situation the 
    same as awhile ago, that I would be precluded from offering this 
    amendment?
        The Chairman: After the committee amendment has been considered 
    and

[[Page 7112]]

    disposed of, other amendments will be in order.

Sec. 26.4 Where, under a special rule, a bill is considered as having 
    been read for amendment, committee amendments to the bill must be 
    read in full or their reading dispensed with by unanimous consent.

    On Feb. 9, 1976,(4) during consideration of H.R. 
5808,(5) in the Committee of the Whole, the Chair stated 
that, pursuant to the rule, the bill was open to amendment.
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 4. 122 Cong. Rec. 2872, 2875, 94th Cong. 2d Sess.
 5. Animal Welfare Act Amendments of 1976.
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        The proceedings occurred as indicated below:
        The Chairman: (6) . . . Under the rule, the bill is 
    considered as having been read and open to amendment at any point 
    under the 5-minute rule. . . .
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 6. Richard H. Ichord (Mo.).
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        Mr. [Charles E.] Wiggins [of California]: Mr. Chairman, under 
    the rule, is the first committee amendment considered to have been 
    read?
        The Chairman: There have been no requests for considering the 
    amendment as having been read, the Chair will advise the gentleman 
    from California, but the Chair will entertain such a request. . . .
        Mr. [Thomas S.] Foley [of Washington]: Mr. Chairman, it is my 
    understanding that the rule itself provides that the bill shall be 
    considered as read and open to amendment at any point.
        The Chairman: Yes, that is the bill, the Chair will advise the 
    gentleman from Washington, not the amendment.
        Mr. Foley (during the reading): Mr. Chairman, I ask unanimous 
    consent that the first committee amendment may be considered as 
    read and printed in the Record.
        The Chairman: Is there objection to the request of the 
    gentleman from Washington?
        There was no objection.

Sec. 26.5 Where a bill is considered as having been read for amendment, 
    it is open to amendment at any point and all committee perfecting 
    amendments must be disposed of, regardless of their place in the 
    bill, prior to offering of amendments to the bill from the floor.

    On Feb. 9, 1976,(7) H.R. 5808 (8) having been 
read and opened to amendment in the Committee of the Whole, the 
proceedings, described above, were as follows:
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 7. 122 Cong. Rec. 2872, 2876, 94th Cong. 2d Sess.
 8. Animal Welfare Act Amendments of 1976.
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        The Chairman: (9) . . . Under the rule, the bill is 
    considered as having been read and open to amendment at

[[Page 7113]]

    any point under the 5-minute rule. . . .
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 9. Richard H. Ichord (Mo.).
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        The Clerk will report the next committee amendment.
        The Clerk read as follows:

            Committee amendment: Page 19, line 24, insert ``knowingly'' 
        immediately before ``sell''.

        The committee amendment was agreed to.
        Mr. [Charles E.] Wiggins [of California]: Mr. Chairman, I now 
    offer an amendment.
        The Chairman: The gentleman from California (Mr. Wiggins) will 
    be advised that his amendment would not be in order at this time 
    under the rule. There are 2 additional committee amendments to be 
    considered. . . .
        The Chair will advise the gentleman from California (Mr. 
    Wiggins) further that his amendment will be in order after the 
    consideration of the committee amendments. . . .
        Mr. [Robert E.] Bauman [of Maryland]: Mr. Chairman, I have a 
    parliamentary inquiry.
        Mr. Chairman, I have an amendment I wish to offer that comes 
    before that committee amendment on the same page. Would that 
    amendment be in order, or is it not in order until after this time?
        The Chairman: The Chair will advise the gentleman from Maryland 
    (Mr. Bauman) that his amendment would not be in order at this time 
    unless it is an amendment to this committee amendment.

Amendments Considered En Bloc

Sec. 26.6 In accordance with the procedure for considering committee 
    amendments to a bill under the five-minute rule in Committee of the 
    Whole, pursuant to a special order providing that said committee 
    amendments be considered en bloc and be considered as having been 
    read, the Chairman instructs the Clerk to designate the page and 
    line number of the amendments.

    On Aug. 2, 1977,(10) during consideration of H.R. 8444, 
the National Energy Act, the proceedings described above were as 
indicated:
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10. 123 Cong. Rec. 26172, 95th Cong. 1st Sess. For discussion of 
        consideration of en bloc amendments generally, see Sec. 27, 
        infra.
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        The Chairman: (11) The Clerk will designate the page 
    and line number of the ad hoc committee amendments, the first group 
    of the amendments recommended by the ad hoc committee to be 
    considered en bloc.
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11. Edward P. Boland (Mass.).
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        The Clerk read as follows:

            Page 183, line 11 through page 184, line 19 . . . and on 
        page 208, line 4 through page 209, line 2, and an amendment 
        inserting on page 188, line 11, the word ``domestic'' before 
        the word ``crude''.

Sec. 26.7 Unanimous consent is required to consider en bloc separate 
    committee amendments printed in a bill, even where a special order 
    adopt

[[Page 7114]]

    ed by the House provides that the bill is considered as having been 
    read for amendment and that said committee amendments are 
    considered before other committee or individual amendments.

    On Aug. 10, 1978, (12) the Committee of the Whole was 
considering H.R. 13511, the Revenue Act of 1978, pursuant to House 
Resolution 1306, (13) a ``modified closed'' rule which 
provided that the bill be considered as read, allowed only designated 
amendments (including committee amendments), and prescribed the order 
of consideration for such amendments.
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12. 124 Cong. Rec. 25453, 95th Cong. 2d Sess.
13. Id. at pp. 25415, 25416.
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        The Chairman: (14) All time has expired for general 
    debate.
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14. Philip R. Sharp (Ind.).
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        Pursuant to the rule the bill is considered as having been read 
    for amendment. No amendments shall be in order except the following 
    amendments which shall not be subject to amendment except 
    amendments recommended by the Committee on Ways and Means, and 
    which shall be considered in the following order:
        First. The committee amendments printed in the bill (except for 
    section 404);
        Second. The committee amendment adding a new section 404. . . .
        The Chairman: The Clerk will report the first committee 
    amendment.
        Mr. [Al] Ullman [of Oregon]: Mr. Chairman, I ask unanimous 
    consent, in the interest of saving time, that the committee 
    amendments as printed in the bill, except for section 404, be 
    considered en bloc, considered as read, and printed in the Record.
        The Chairman: Is there objection to the request of the 
    gentleman from Oregon?
        There was no objection.

Amendments to Committee Amendment

Sec. 26.8 Where there is pending a committee amendment, an amendment 
    thereto and a substitute therefor, the vote is first taken on the 
    amendment to the amendment, then on the substitute and finally on 
    the committee amendment.

    In the 92d Congress, during consideration of a bill (15) 
to provide for improved financing for the Corporation for Public 
Broadcasting, the following exchange took place: (16)
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15. H.R. 13918.
16. 118 Cong. Rec. 19463, 92d Cong. 2d Sess., June 1, 1972. See also 
        the proceedings at 117 Cong. Rec. 40587, 40590, 92d Cong. 1st 
        Sess., Nov. 11, 1971.
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        Mr. [Robert O.] Tiernan [of Rhode Island]: Do I correctly 
    understand that

[[Page 7115]]

    the first vote will be on the amendment in the nature of a 
    substitute offered by the gentleman from Massachusetts (Mr. Keith)?
        The Chairman: (17) The Chair will state that the 
    first vote will occur on the amendment to the committee amendment, 
    that is, the amendment of the gentleman from Georgia. Then the vote 
    will recur on the substitute offered by the gentleman from 
    Massachusetts (Mr. Keith) and then the vote will recur on the 
    committee amendment.
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17. Robert N. Giaimo (Conn.).
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Sec. 26.9 Where there was pending a committee amendment in the form of 
    a new title, an amendment thereto and a substitute therefor, the 
    first vote was on the amendment to the committee amendment, then on 
    the substitute, and then on the committee amendment as it may have 
    been amended.

    On Apr. 6, 1977, (18) the Committee of the Whole having 
under consideration a bill, (19) the Chair responded to a 
parliamentary inquiry as described above:
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18. 123 Cong. Rec. 10773, 10774, 95th Cong. 1st Sess.
19. H.R. 5262, providing for increased participation by the United 
        States in international financial institutions.
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        The Chairman: (20) The question is on the amendment 
    offered by the gentleman from Massachusetts (Mr. Tsongas) to the 
    committee amendment.
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20. Robert Duncan (Oreg.).
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        Mr. [Paul E.] Tsongas: Mr. Chairman, I have a parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Tsongas: Mr. Chairman, I believe it is in order that we 
    vote first on the substitute offered by the gentleman from Ohio 
    (Mr. Wylie), is it not?
        The Chairman: No. The Chair will state that the vote on the 
    amendment to the committee amendment will occur first. Following 
    that there will be a vote on the substitute for the committee 
    amendment, as amended, if the amendment offered by the gentleman 
    from Massachusetts (Mr. Tsongas) to the committee amendment is 
    adopted. Following that there will be a vote on the committee 
    amendment, as it may have been amended.

``Acceptance'' of Amendment by Committee

Sec. 26.10 The Committee of the Whole must vote on a pending amendment 
    even though it has been ``accepted'' by members of the committee 
    reporting the bill.

    On June 3, 1971,(1) the following proceedings took 
place:
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 1. 117 Cong. Rec. 17890, 92d Cong. 1st Sess. Under consideration was 
        H.R. 1709.
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        Mr. [James G.] Fulton of Pennsylvania: Mr. Chairman, as ranking 
    minority member of the Committee on

[[Page 7116]]

    Science and Astronautics, I can advise the gentleman, after having 
    consulted with him about his amendment under the circumstances, we 
    have no objection to the amendment passing. . . .
        Mr. Chairman, on the amendment that we have just been 
    discussing, it was stated that there would be no objection on 
    either side of the aisle. Has there been any action taken on that 
    amendment?
        The Chairman: (2) No, there has not been any action 
    taken on the amendment.
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 2. James C. Wright, Jr. (Tex.).
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        The Chair would advise the gentleman that the Chair is trying 
    to determine whether or not the gentleman from Illinois (Mr. 
    Collier) desires to speak on the amendment.
        Mr. [Harold R.] Collier: Yes, I do, Mr. Chairman, and I would 
    ask a parliamentary inquiry--the fact that they have not voiced any 
    objection still leaves it open for discussion inasmuch as they have 
    not accepted the amendment; is that correct?
        The Chairman: The amendment must be voted upon by the members 
    of the committee, the Chair would advise the gentleman from 
    Illinois. . . .
        Mr. Fulton of Pennsylvania: Mr. Chairman, when it is stated by 
    both sides of the aisle that there is no objection, it would seem 
    to me that the obvious effect of that is that the amendment is 
    agreed to and it is acceptable to both sides. Of course, as the 
    Chairman pointed out, it has to be passed on by the Committee of 
    the Whole House on the State of the Union. . . .
        The Chairman: The Chair states that any Member desiring 
    recognition to discuss the amendment will be recognized.

Amendment Considered as Original Bill

Sec. 26.11 A unanimous-consent request has been made that the Committee 
    of the Whole consider a committee amendment in the nature of a 
    substitute as an original bill for purposes of amendment and that a 
    separate vote in the House be allowed on any amendment to the 
    original bill or to the committee substitute.(3)
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 3. See Sec. 36.22 infra.
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