[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 572 Introduced in House (IH)]
108th CONGRESS
2d Session
H. RES. 572
Providing for the consideration of the joint resolution (H.J. Res. 83)
proposing an amendment to the Constitution of the United States
regarding the appointment of individuals to fill vacancies in the House
of Representatives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2004
Mr. Baird submitted the following resolution; which was referred to the
Committee on Rules
_______________________________________________________________________
RESOLUTION
Providing for the consideration of the joint resolution (H.J. Res. 83)
proposing an amendment to the Constitution of the United States
regarding the appointment of individuals to fill vacancies in the House
of Representatives.
Resolved, That on the next legislative day after the adoption of
this resolution, immediately after the third daily order of business
under clause 1 of rule XIV, the House shall resolve into the Committee
of the Whole House on the state of the Union for consideration of the
joint resolution (H.J. Res. 83) proposing an amendment to the
Constitution of the United States regarding the appointment of
individuals to fill vacancies in the House of Representatives. The
first reading of the joint resolution shall be dispensed with. All
points of order against consideration of the joint resolution are
waived. General debate shall be confined to the joint resolution and
shall not exceed one hour equally divided and controlled by
Representative Baird of Washington and the chairman of the Committee on
the Judiciary. After general debate the joint resolution shall be
considered for amendment under the five-minute rule in accordance with
sections 2 and 3. The joint resolution shall be considered as read. No
amendment to the joint resolution, or to the joint resolution as
perfected by an amendment in the nature of a substitute finally
adopted, shall be in order except as specified in this resolution.
Clause 6(g) of rule XVIII shall not apply with respect to a request for
a recorded vote on any amendment.
Sec. 2. (a) Before consideration of any other amendment, it shall
be in order to consider the amendments in the nature of a substitute
specified in subsection (b). Each such amendment may be offered only if
the Member has caused the amendment to be printed in the portion of the
Congressional Record designated for that purpose in clause 8 of rule
XVIII, may be offered only in the order specified, may be offered only
by the Member designated or a designee of such Member, shall be
considered as read, shall be debatable for one hour equally divided and
controlled by the proponent and an opponent, and shall not be subject
to amendment except as specified in section 3. All points of order
against such amendments are waived (except those arising under clause 7
of rule XVI). If more than one amendment in the nature of a substitute
specified in subsection (b) is adopted, then only the one receiving the
greater number of affirmative votes shall be considered as finally
adopted in the House and in the Committee of the Whole. In the case of
a tie for the greater number of affirmative votes, then only the last
amendment to receive that number of affirmative votes shall be
considered as finally adopted in the House and in the Committee of the
Whole.
(b) The amendments in the nature of a substitute referred to in
subsection (a) are as follows:
(1) Any amendment offered by any member (other than any
amendment described in paragraph (2), (3), or (4)).
(2) An amendment offered by the ranking minority member of
the Committee on the Judiciary.
(3) An amendment offered by the chairman of the Committee
on the Judiciary.
(4) An amendment offered by Representative Baird of
Washington.
Sec. 3. (a) After disposition of the amendments in the nature of a
substitute specified in section 2(b), the Committee of the Whole shall
rise. On the fourth legislative day which follows the legislative day
on which the Committee rises under this section, immediately after the
third daily order of business under clause 1 of rule XIV, the House
shall resolve into the Committee of the Whole for further consideration
of the joint resolution. After an additional period of general debate,
which shall be confined to the joint resolution and shall not exceed
one hour equally divided and controlled by Representative Baird of
Washington and the chairman of the Committee on the Judiciary, the
provisions of the joint resolution, or the provisions of the joint
resolution as perfected by an amendment in the nature of a substitute
finally adopted, shall be considered as an original joint resolution
for the purpose of further amendment under the five-minute rule,
subject to subsection (b). Each such further amendment shall be
considered as read, shall be debatable for 20 minutes equally divided
and controlled by the proponent and an opponent (except as provided in
subsection (c)), shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House or in the
Committee of the Whole.
(b) No further amendment may be offered pursuant to this section
except for the following, each of which (other than the amendment
described in paragraph (7)) may be offered only if the Member has
caused the amendment to be printed in the portion of the Congressional
Record designated for that purpose in clause 8 of rule XVIII:
(1) If an amendment in the nature of a substitute to the
joint resolution is finally adopted (in accordance with section
2), two amendments offered by the sponsor thereof.
(2) One amendment offered by the chairman of the Committee
on the Judiciary.
(3) One amendment offered by the ranking minority member of
the Committee on the Judiciary.
(4) Two amendments offered by the majority leader.
(5) Two amendments offered by the minority leader.
(6) Two amendments offered by Representative Baird of
Washington.
(7) The amendment referred to in subsection (c).
(c) After disposition of the amendments described in paragraphs (1)
through (6) of subsection (b), it shall be in order to consider an
amendment offered by the sponsor of the amendment in the nature of a
substitute to the joint resolution finally adopted (in accordance with
section 2) or his designee, or if no such amendment in the nature of a
substitute is so adopted, an amendment offered by Representative Baird
of Washington or his designee. All points of order against such
amendment are waived (except those arising under clause 7 of rule XVI).
The amendment shall be debatable for one hour equally divided and
controlled by the proponent and an opponent.
Sec. 4. If at any time during the consideration of the joint
resolution the Committee of the Whole rises and reports that it has
come to no resolution on the joint resolution, then on the next
legislative day (except as provided in section 3), immediately after
the third daily order of business under clause 1 of rule XIV, the House
shall resolve into the Committee of the Whole for further consideration
of the joint resolution.
Sec. 5. At the conclusion of consideration of the joint resolution
for amendment the Committee shall rise and report the joint resolution,
or the joint resolution as perfected by an amendment in the nature of a
substitute finally adopted, to the House with such further amendments
as may have been adopted. Any Member may demand a separate vote in the
House on any further amendment adopted in the Committee of the Whole to
the joint resolution as perfected by an amendment in the nature of a
substitute finally adopted. 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 with
or without instructions.
Sec. 6. It shall be in order to take from the Speaker's table H.J.
Res. 83, with any Senate amendment thereto, and to consider in the
House, without intervention of any point of order (except those arising
under clause 7 of rule XVI), a motion offered by the sponsor of the
amendment in the nature of a substitute to the joint resolution finally
adopted (in accordance with section 2) or his designee, or if no such
amendment in the nature of a substitute is so adopted, offered by
Representative Baird of Washington or his designee, to dispose of any
such Senate amendment. The Senate amendment and the motion shall be
considered as read. The motion shall be debatable for one hour equally
divided and controlled by the proponent and an opponent. The previous
question shall be considered as ordered on the motion to final adoption
without intervening motion or demand for division of the question.
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