Vol. 106, No. 7
March 24, 1999
|
David Dreier, Chairman |
|
"The right of recognition is just as absolute in the Chair as the judgment of the Supreme Court of the United States is absolute as to the interpretation of the law"
|
| - Speaker Samual J. Randall of Pennsylvania on February 28, 1881 regarding the right to appeal a Speaker’s decision on a question of recognition |
PRE-PRINTING AMENDMENTS IN THE
CONGRESSIONAL RECORD
"Material submitted for printing in the Congressional Record under this rule shall indicate the full text of the proposed amendment, the name of the bill or resolution to which it will be offered, and the point in the bill or resolution or amendment thereto where the amendment is intended to be offered. The amendment shall appear in the portion of the Record designated for that purpose. Amendments to a specified measure submitted for printing in that portion of the Record shall be numbered in the order printed" (Clause 8(c) of Rule XVIII).
Often when a special rule provides for an amendment process, the rule will also authorize the Chairman of the Committee of the Whole to accord priority in recognition to those Members who have pre-printed their amendments in the Congressional Record prior to consideration of that measure. Amendments submitted for pre-printing should contain: the full text of the proposed amendment; the title and bill number of the measure to which the amendment pertains; the section or paragraph in the bill at which point the amendment is to be offered; and the name and original signature of the Member offering the amendment.
A Member should take the following specific steps when submitting amendments for printing in the Record:
1. The amendment should be drafted by the Office of Legislative Counsel. This ensures that the amendment is drafted to the most up-to-date version of the legislation and that the amendment achieves the Member’s intended purpose. Legislative Counsel will also provide the amendment with the proper heading for submission in the Record.
2. The amendment should be examined by the Office of the Parliamentarian. The Parliamentarians will determine whether the amendment is in violation of a rule of the House (and therefore subject to a point of order on the Floor).
3. The amendment should be submitted for printing before consideration of the legislation on the Floor. In the event that a measure’s consideration continues for several days, an amendment offered qualifies for the pre-printing preference as long as it is printed in the Record of a previous day. For example, if consideration of the legislation is taking place on Thursday, the amendment must be printed in either Wednesday’s or a prior day’s Record.
4. Amendments submitted for printing in the Record can be sent to the Cloakroom via Page, or put in the "Amendments" box by a Member. The amendments box is on the first tier of the dais on the Democratic side of the Floor and is administered by the Bill Clerks. It is marked by a sign stating, "Amendments."
Clause 2 of Rule XVII states that "When two or more Members, Delegates, or the Resident Commissioner rise at once, the Speaker shall name the Member, Delegate, or Resident Commissioner who is first to speak..." Recognition is in the discretion of the Chair. However, in recognizing Members on the Floor, it is the custom of the Speaker to recognize Members by seniority and committee of jurisdiction, beginning with the Majority and then alternating between the two sides. In addition, a junior Member of the committee of jurisdiction over the pending measure is given priority in recognition over a senior Member that is not on the committee. The Chair also tries to alternate recognition between Majority and Minority Members. provided that the junior Member’s side is up next in the rotation from party to party to speak. When a Member pre-prints amendments in the Record in accordance with a special rule designating that process, the Speaker may accord priority in recognition to that Member. Consequently, this gives a Member priority in recognition in offering his amendment over a Member that has not pre-printed his amendment. However, this does not subvert the Speaker’s established practice of recognition. The custom is for the Speaker to still recognize Members according to their seniority and committee of jurisdiction.
Key Parliamentary Terms
Amendments (Types of) - A proposal of a Member of Congress to alter the text of a bill or another amendment. An amendment usually is voted on in the same manner as a bill.
Amendment in the Nature of a Substitute - An amendment which seeks to replace the entire text of an underlying bill. The adoption of such an amendment precludes any further amendment to that bill under the regular process.
Pro Forma Amendment - A motion whereby a Member secures five minutes to speak on an amendment under debate in the Committee of the Whole. The Member gains recognition from the chair by moving to "strike the last word." The motion requires no vote, does not change the amendment under debate, and is deemed automatically withdrawn at the expiration of the five minutes of debate.
Substitute Amendment - An amendment which replaces the entire text of a pending amendment.
Five Minute Rule - (1) A debate-limiting rule of the House used when the House sits as the Committee of the Whole. (2) A Member offering an amendment is allowed to speak for five minutes in support of each amendment and an opponent is allowed to speak for five minutes in opposition. (3) Other Members may rise to "strike the last word" and receive five minutes to speak in favor or opposition. (4) Additional time for speaking can be obtained through a unanimous consent request.
|