Rule XVIII §§ 799-802 The motion to reconsider is agreed to by majority vote, even when the vote reconsidered requires two-thirds for affirmative action (II, 1656; V, 5617, 5618), or when only one-fifth is required for affirmative action, as in votes ordering the yeas and nays (V, 5689-5692, 6029). But one motion to reconsider the yeas and nays having been acted on, another motion to reconsider is not in order (V, 6037). $799. The vote on the motion to reconsider. § 800. Relation of the motion to reconsider to the motion to lay on the table. A vote on the motion to lay on the table may be reconsidered whether the decision be in the affirmative (V, 5628, 5695, 6288) or in the negative (V, 5629). It is in order to reconsider the vote laying an appeal on the table (V, 5630), although during proceedings under a call of the House this motion was once ruled out (V, 5631). The motion to reconsider may not be applied to the vote whereby the House has laid another motion to reconsider on the table (V, 5632-5640). A motion to § 801. Debate on the motion to reconsider. § 802. Application reconsider is not debatable if the motion proposed to be reconsidered was not debatable (V, 5694-5699); and the latest ruling is that the application of the previous question makes an undebatable proposition (V, 5700, 5701). 2. No bill, petition, memorial, or resolution referred to a committee, or reported therefrom for printing and recommitment, shall be brought back into the House on a mo of motion to reconsider to bills in committees. tion to reconsider; * * This rule was first adopted in 1860, and amended in 1872, to prevent a practice of using the privilege of the motion to reconsider to secure consideration of bills otherwise not in order (V, 5647). There is a question as to whether or not the rule applies to a case wherein the House, after considering a bill, recommits it (V, 5648-5650). After a committee has reported a bill it is too late to reconsider the vote by which it was referred (V, 5651). Rule XIX § 803. Requirement that reports of committees be in writing and be printed. 2. §§ 803, 804 and all bills, petitions, memorials, or resolutions reported from a committee shall be accompanied by reports in writing, which shall be printed. This rule was adopted in 1880 (V, 5647). The House insists on observance of this rule (IV, 4655) and does not receive verbal reports as to bills (IV, 4654). But the sufficiency of a report is passed on by the House and not by the Speaker (II, 1339; IV, 4653). A report is not necessarily signed by all those concurring (II, 1274) or even by any of those concurring, but minority views are signed by those submitting them (IV, 4671). The requirement that reports shall be printed does not mean that the report must be printed before the matter reported is called up for consideration, and the fact that a report was not printed as originally made to the House does not prevent the consideration of the matter reported. (Speaker Gillett, Dec. 15, 1922, 67th Cong., 4th sess., p. 532.) § 804. Amendments RULE XIX. OF AMENDMENTS. When a motion or proposition is under consideration a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of substitute, to which one amendment may be offered, but which shall not be voted on until the original matter is perfected, but either may be withdrawn before amendment or decision is had thereon. Amendments to the title of a bill or resolution shall not be in order until after its passage, and shall be decided without debate. This rule was adopted in 1880, with an amendment adding the portion in relation to the title in 1893. The rule of 1880, however, merely stated in form of rule what had been the practice of the House for many years (V, 5753). §§ 805-807 Rule XIX It is not in order to offer more than one motion to amend of the same § 805. Conditions of the motion to amend. nature at a time (V, 5755), and two independent amendments may be voted on at once only by unanimous consent of the House (V, 5779). But the four motions specified by the rule may be pending at one and the same time (V, 5753). An amendment in the third degree is not specified by the rule and is not permissible (V, 5754), even when the third degree is in the nature of a substitute for an amendment to a substitute (V, 5791; Chairman Chindblom, Apr. 12, 1926, p. 7238). But a substitute amendment may be amended by striking out all after its first word and inserting a new text (V, 5793, 5794), as this, while in effect a substitute, is not technically so, for the substitute always proposes to strike out all after the enacting or resolving words in order to insert a new text (V, 5785, footnote). An amendment in the nature of a substitute may be proposed before amendments to the original text have been acted on, but may not be voted on until such amendments have been disposed of (V, 5753, 5787). When a bill is considered by sections or paragraphs an amendment in the nature of a substitute is properly offered after the reading for amendment is concluded (V, 5788). But when it is proposed to offer a single substitute for several paragraphs of a bill which is being considered by paragraphs, the substitute may be moved to the first paragraph, with notice that, if agreed to, motions will be made to strike out the remaining paragraphs (V, 5795). The substitute amendment, as well as the original proposition, may be perfected by amendments before the vote on it is taken (V, 5786). An amendment in the nature of a substitute having been agreed to, the vote is then taken on the original proposition as amended (II, 983; V, 5799, 5800). Contrary to the provisions of the rule, the later practice has permitted an amendment in the nature of a substitute for the original amendment (Oct. 17, 1921, p. 6400). While the rule provides that either an ordinary or substitute amend § 806. Withdrawal of the motion to amend. The motion to § 807. Precedence of the motion to amend. ment may be withdrawn in the House (V, 5753) or "in the House as in Committee of the Whole" (IV, 4935), it may not be withdrawn in Committee of the Whole (V, 5221). refer, the previous question not being ordered, has precedence of the motion to amend (V, 5555). Amendments reported by a committee are acted on before those offered from the floor (V, 5773); but there is a question as to the extent to which the chairman of the committee reporting a bill should be recognized to offer amendments to Rule XX §§ 808-810 perfect it in preference to other Members (II, 1450). The motion to strike out the enacting clause has precedence of the motion to amend, and may be offered while an amendment is pending (V, 5328–5331). With some exceptions an amendment may attach itself to secondary and privileged motions (V, 5754). Thus, the mo§ 808. Relation of the motion to tions to postpone, refer, amend, for a recess, and to fix the day to which the House shall adjourn may be amended (V, 5754). But the motions for the previous question, to lay on the table, to adjourn (V, 5754) and to go into Committee of the Whole to consider a privileged bill may not be amended (IV, 3078, 3079). amend to other motions. RULE XX. OF AMENDMENTS OF THE SENATE. § 809. Consideration of Senate amendments in 1. Any amendment of the Senate to any House bill shall be subject to the point of order that it shall first be considered in the Committee of the Whole House on the state of the Union if, originating in the House, it would be subject to that point. Committee of the This rule was adopted in 1880 to prevent a practice by which Senate amendments of the class described had escaped consideration in Committee of the Whole (IV, 4796). § 810. Practice in considering Senate amendments in Committee of the Whole. A Senate amendment which is a modification merely of a House proposition, like the increase or decrease of the amount of an appropriation, and does not involve new and distinct expenditure, is not required to be considered in Committee of the Whole (IV, 4797-4806). When in the House an amendment is offered to provide an appropriation for another purpose than that of the Senate amendment, the House goes into Committee of the Whole to consider it (IV, 4795). When an amendment is referred, the entire bill goes to the Committee of the Whole (IV, 4808), but the committee considers only the Senate amendment (V, 6192). It usually considers all the amendments, although they may not all be within the rule § 810 A Rule XX requiring such consideration (V, 6195). The House may, however, proceed to the disposition of those Senate amendments not requiring consideration in Committee of the Whole before going into committee on those affected by the rule (IV, 4807). In Committee of the Whole a Senate amendment, even though it be very long, is considered as an entirety and not by paragraphs or sections (V, 6194). It has been held that each amendment is subject to general debate and amendment under the five-minute rule (V, 6193, 6196). § 810 A. Conferees may not agree to certain Senate amendments. 2. No amendment of the Senate to a general appropriation bill which would be in violation of the provisions of clause 2 of Rule XXI, if said amendment had originated in the House, nor any amendment of the Senate providing for an appropriation upon any bill other than a general appropriation bill, shall be agreed to by the managers on the part of the House unless specific authority to agree to such amendment shall be first given by the House by a separate vote on every such amendment. This clause of the rule was adopted in 1920. While the rule provides for a motion authorizing the managers on the part of the House to agree upon amendments of the Senate in violation of clause 2 of Rule XXI, in practice after a conference the managers report that they have not agreed upon certain amendments, and after the partial conference report is disposed of the remaining amendments are taken up in order and disposed of directly by the House without further conference. In the event appropriation bill with Senate amendments in violation of clause 2 of Rule XXI is sent to conference by unanimous consent, such procedure does not thereby prevent a point of order being sustained against the conference report should the managers on the part of the House violate the provisions of clause 2 of Rule XX. (Speaker Gillett, Jan. 22, 1921, 66th Cong., 3d sess., p. 1910.) The rule is a restriction upon the managers on the part of the House only, and does not provide for a point of order against a Senate amendment when it comes up for action by the House. (Speaker Gillett, Feb. 15, 1921, |