Sec. 828a. Practice in considering Senate amendments in
Committee of the Whole. |
While a Senate amendment that is merely a
modification of a House proposition, like the increase or decrease of
the amount of an appropriation, and does not involve new and distinct
expenditure, may not be required to be considered in Committee of the
Whole (IV, 4797-4806; VIII, 2382-2385), where the question was raised
against a Senate amendment which on its face apparently placed a charge
upon the Treasury the Speaker held it devolved upon those opposing the
point of order to cite proof to the contrary (VIII, 2387). 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 requiring such consideration (V, 6195). 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). When reported from
the Committee of the Whole, Senate amendments are voted on en bloc and
only those amendments are voted on severally on which a separate vote is
demanded (VIII, 3191). It has been held that each amendment is subject
to general debate and amendment under the five-minute rule (V, 6193,
6196). The requirement of this clause that certain Senate amendments be
considered in Committee of the Whole applies only before the stage of
disagreement has been reached on the Senate amendment, and it is to too
late to raise a point of order that Senate amendments should have been
considered in Committee of the Whole after the House has disagreed
thereto and the amendments reported from conference in disagreement
(Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The motion to send a
bill to conference under this clause is in order notwithstanding the
fact that the stage of disagreement has not been reached (Aug. 1, 1972,
p. 26153). On a bill that has been jointly referred and reported in the
House, the motion must be authorized by all committees reporting thereon
(Sept. 26, 1978, p. 31623), but a committee discharged from a sequential
referral need not authorize a motion made by direction of the committee
that reported the bill (Oct. 4, 1994, p. ----). Where such a motion has
been rejected by the House, it may be repeated if the committee having
jurisdiction over the subject matter again authorizes its chairman to
make the motion (Oct. 3, 1972, pp. 33502-03). See also Procedure, ch.
32, sec. 5. The motion to send to conference is in order only if the
Speaker in his discretion recognized for that purpose, and the Speaker
will not recognize for the motion where he has referred a non-germane
Senate amendment in question to a House committee with juris
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