[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[D. Types of Special Orders]
[Â§ 21. "Open" Rules, Allowing Amendments and Making in Order Certain Amendments]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4150-4173]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                       D. TYPES OF SPECIAL ORDERS
 
Sec. 21. ``Open'' Rules Allowing Amendments and Making in Order Certain 
    Amendments

    The term ``open rule'' is often used to refer to a resolution 
reported from the Committee on Rules which provides for the 
consideration of a bill or resolution in the Committee of the Whole, 
and provides for the bill to be read for amendment under the five-
minute rule, without restricting the offering of germane amendments. (A 
``closed'' or ``modified closed'' rule typically provides that no 
amendments may be offered except by the direction of the reporting 
committee or except certain amendments, such amendments not to be 
subject to amendment.)
    Under an open rule, any amendments may be offered which are 
otherwise in order under the rules of the House.(~10)
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10. See Sec. 21.1, infra.
            The procedure whereby a measure is considered in the 
        ``House as in the Committee of the Whole'' presents another 
        context in which a measure is usually ``open'' to amendment. 
        Such procedure, however, in which a measure is read for 
        amendment under the five-minute rule, is usually followed 
        pursuant to a unanimous-consent request and not by a special 
        order. But see Sec. 20.17, supra.
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    A resolution allowing amendments may contain detailed provi

[[Page 4151]]

sions. For example, the special order frequently provides that a 
committee amendment in the nature of a substitute may be read as an 
original bill for the purpose of amendment.(~11)
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11. See Sec. 25, infra, for discussion of reading bills and amendments 
        in the nature of a substitute thereto under special rules.
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    The resolution may waive points of order against a designated 
amendment by providing that it shall be in order to offer such 
amendment without the intervention of any point of 
order.(~12) But the waiver of points of order is confined 
only to the amendment to which directed. Thus, if parts of the 
amendment made in order are offered as independent amendments they must 
comply with the rules of the House,(~13) and independent 
amendments offered to amendments or to original text protected by 
waivers must be germane and otherwise in order under the 
rules.(~14)
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12. See Sec. Sec. 21.3-21.10, infra.
13. See Sec. 21.13, infra.
14. See Sec. 23, infra.
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    Where a resolution makes in order a designated amendment but does 
not attach a particular priority to such amendment (such as an 
amendment in the nature of a substitute made in order but not to be 
read for amendment as an original bill), recognition to offer the 
amendment is governed by the ordinary practices as to recognition and 
offering amendments.(~15)
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15. See Sec. Sec. 21.3, 21.11, infra.
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    Similar to an open rule which makes in order a designated amendment 
is a ``modified open'' rule which prohibits a certain amendment or type 
of amendment, while allowing other amendments otherwise in 
order.(~16)
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16. See Sec. Sec. 21.15-21.17, infra.
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                            Cross References
As to procedures in Committee of the Whole, generally, see Ch. 19, 
    supra.
As to amendments generally, see Ch. 27, infra.
As to offering amendments to bills and amendments protected against 
    points of order, see Sec. 23, infra.
As to waiving points of order against bills considered under ``open'' 
    rules, see Sec. 23, infra.
As to waiving points of order against designated amendments, see 
    Sec. 23, infra.
As to Senate bills considered under an open'' rule. see Sec. 27. 
    infra.                          -------------------

Offering Amendments Under ``Open'' Rules

Sec. 21.1 Where a bill is considered under an ``open rule,'' germane 
    amendments to the bill are in order under the standing rules of the 
    House.

[[Page 4152]]

    On July 26, 1965,(17) Adam C. Powell, of New York, 
Chairman of the Committee on Education and Labor, called up under the 
21-day discharge rule a resolution making a special order of business:

                                H. Res. 437

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 77) to repeal section 14(b) of the National Labor 
    Relations Act, as amended, and section 705(b) of the Labor-
    Management Reporting and Disclosure Act of 1959 and to amend the 
    first proviso of section 8(a) (3) of the National Labor Relations 
    Act, as amended. After general debate, which shall be confined to 
    the bill, and shall continue not to exceed two hours, to be equally 
    divided and controlled by the chairman and ranking minority member 
    of the Committee on Education and Labor, the bill shall be read for 
    amendment under the five-minute rule. At the conclusion of the 
    consideration of the bill for amendment, the Committee shall rise 
    and report the bill to the House with such amendments as may have 
    been adopted, and the previous question shall be considered as 
    ordered on the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit.
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17. 111 Cong. Rec. 18076, 89th Cong. 1st Sess.
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    Mr. Powell then offered an amendment to the resolution to extend 
the time for general debate on the bill from two hours to five hours. 
Speaker John W. McCormack, of Massachusetts, answered parliamentary 
inquiries on offering amendments to the bill under the provision of the 
``open'' rule:

        The Speaker: Will the gentleman state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford [of Michigan]: The parliamentary inquiry 
    would be simply this: Does the amendment of the gentleman to the 
    resolution provide that there can be amendments offered to the bill 
    itself, that will be meaningful, that will be constructive in their 
    application; or is his amendment to the rule limited only to the 
    extension of time for debate?
        The Speaker: The Chair will state that the pending amendment 
    relates in no way to any other amendments which might be germane 
    under the resolution. This amendment would extend the time for 
    general debate from 2 hours to 5 hours, if the amendment is 
    adopted.
        Mr. Gerald R. Ford: A further parliamentary inquiry, Mr. 
    Speaker.
        The Speaker: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Do I correctly understand that the 
    gentleman's amendment to the resolution precludes the offering of 
    any amendment such as that sponsored by the distinguished 
    gentlewoman from Oregon [Mrs. Green]?
        The Speaker: The Chair will state that the resolution is in 
    accordance with the standing rules of the House, and any amendment 
    that is germane under the standing rules of the House

[[Page 4153]]

    would be in order. The standing rules of the House would determine 
    the germaneness of any amendment that might be 
    offered.
                          -------------------

Special Orders ``Open'' in Part, ``Closed'' in Part

Sec. 21.2 Forms of special orders dividing general debate between two 
    committees and providing that one part of the bill, within one 
    committee's jurisdiction, be open to amendment and that the other 
    part of the bill, within the other committee's jurisdiction, be 
    closed to amendment.

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 14465) to provide for the expansion and 
    improvement of the Nation's airport and airway system, for the 
    imposition of airport and airway user charges, and for other 
    purposes. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, two hours to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Interstate and Foreign Commerce, and two 
    hours to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Ways and Means, title I 
    of the bill shall be read for amendment under the five-minute rule. 
    At the conclusion of the consideration of title I of the bill for 
    amendment, title II of the bill shall be considered as having been 
    read for amendment. No amendments shall be in order to title II of 
    the bill except amendments offered by the direction of the 
    Committee on Ways and Means, and said amendments shall be in order, 
    any rule of the House to the contrary notwithstanding, but shall 
    not be subject to amendment. At the conclusion of the consideration 
    of the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted and 
    the previous question shall be considered as ordered on the bill 
    and amendments thereto to final passage without intervening motion 
    except one motion to recommit.(18)
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18.  H. Res. 610, 115 Cong. Rec. 33260, 91st Cong. 1st Sess., Nov. 6, 
        1969.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 18583) to amend the Public Health Service Act and 
    other laws to provide increased research into, and prevention, of, 
    drug abuse and drug dependence; to provide for treatment and 
    rehabilitation of drug abusers and drug dependent persons; and to 
    strengthen existing law enforcement authority in the field of drug 
    abuse. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, three hours to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Interstate and Foreign Commerce,

[[Page 4154]]

    and one hour to be equally divided and controlled by the chairman 
    and ranking minority member of the Committee on Ways and Means, the 
    bill shall be read for amendment under the fiveminute rule. It 
    shall be in order to consider without the intervention of any point 
    of order the amendment in the nature of a substitute recommended by 
    the Committee on Interstate and Foreign Commerce now printed in the 
    bill as an original bill for the purpose of amendment under the 
    five-minute rule. At the conclusion of the consideration of title 
    II of the amendment in the nature of a substitute for amendment, 
    title III of said substitute shall be considered as having been 
    read for amendment. No amendments shall be in order to title III of 
    said substitute except amendments offered by direction of the 
    Committee on Ways and Means, and said amendments shall be in order, 
    any rule of the House to the contrary notwithstanding, but shall 
    not be subject to amendment. At the conclusion of the consideration 
    of the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted, 
    and any Member may demand a separate vote in the House on any 
    amendment adopted in the Committee of the Whole to the bill or 
    committee amendment in the nature of a substitute. The previous 
    question shall be considered as ordered on the bill and amendments 
    thereto to final passage without intervening motion except one 
    motion to recommit with or without instructions.(19)
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19. H. Res. 1216, 116 Cong. Rec. 33296, 91st Cong. 2d Sess., Sept. 23 
        1970.
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All Points of Order Waived Against Designated Amendments

Sec. 21.3 Where a special rule provided that amendments relating to a 
    certain subject matter could be offered as substitutes for the 
    pending bill, notwithstanding any rule of the House to the 
    contrary, the Chairman of the Committee of the Whole explained the 
    parliamentary situation.

    On Mar. 19, 1935, the House adopted House Resolution 165, reported 
from the Committee on Rules and providing for the consideration of a 
bill for the payment of world war adjusted service certificates:

        Resolved, That immediately upon the adoption of this resolution 
    it shall be in order to move that the House resolve itself into the 
    Committee of the Whole House on the State of the Union for the 
    consideration of H.R. 3896, ``a bill to provide for the immediate 
    payment of World War adjusted-service certificates, to extend the 
    time for filing applications for benefits under the World War 
    Adjusted Compensation Act, and for other purposes''; and all points 
    of order against said bill are hereby waived; that after general 
    debate, which shall be confined to the bill and continue not to 
    exceed 10 hours, to be evenly divided and controlled by the 
    chairman and ranking minority members of the Committee on Ways and

[[Page 4155]]

    Means, the bill shall be read for amendment under the 5-minute 
    rule. It shall be in order to consider as substitute amendments for 
    the bill any such amendments that relate to the payment of World 
    War adjusted-service certificates, and such substitute amendments 
    shall be in order, any rule of the House to the contrary 
    notwithstanding. At the conclusion of the consideration of the bill 
    for amendment the Committee shall rise and report the same to the 
    House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion, 
    except two motions to recommit, with or without instructions: 
    Provided, however, That if the instructions in such motions relate 
    to the payment of World War adjusted-service certificates, they 
    shall be in order, any rule of the House to the contrary 
    notwithstanding.(20)
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20. 79 Cong. Rec. 3984, 74th Cong. 1st Sess.
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    On Mar. 21, 1935, the bill was being considered pursuant to the 
special order in Committee of the Whole, and all time for general 
debate had expired. Chairman Clarence Cannon, of Missouri, made a 
statement regarding the procedure under which the bill would be 
considered for amendment: (1)
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 1. Id. at p. 4216.
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        The Chairman: The time of the gentleman from Kentucky [Mr. 
    Vinson] has expired. All time has expired. The Chair will briefly 
    recapitulate the parliamentary situation.
        This is an unusual rule--but a very adequate one. The Chairman 
    of the Committee on Rules and his committee are to be congratulated 
    on the admirable manner in which they have met a difficult 
    situation.
        Under the special order, all amendments pertaining to the 
    payment of the adjusted-service certificates are in order, the 
    rules of the House to the contrary notwithstanding. At a time when 
    it is the vogue to term all special rules ``gag rules'', here is a 
    special order which liberalizes, instead of restricts, the rules of 
    the House. As Chairman O'Connor well says, it is the antithesis of 
    a gag rule.
        Under the clause waiving the restrictions of the rules of the 
    House against any proposition to pay adjusted-service certificates, 
    it permits consideration of the Patman bill, the Cochran bill, the 
    McReynolds bill, the Andrew bill, and similar measures which 
    otherwise, could not be considered because not germane. 
    Accordingly, after conference with the Speaker, the Chairman of the 
    Committee on Rules, the majority leader, and the authors of the 
    several bills, the Chair will recognize Members who desire to offer 
    major amendments in the following order:
        The first section of the pending bill, the Vinson bill, having 
    been read for amendment, the Chair will recognize the gentleman 
    from Texas [Mr. Patman] to offer his bill as a substitute for the 
    Vinson bill. While it will be offered as a substitute, it will be, 
    technically speaking, an amendment. Then the gentleman from 
    Missouri [Mr. Cochran] will be recognized to offer his bill

[[Page 4156]]

    as a substitute for the Patman bill in the pending amendment to the 
    Vinson bill. If the gentleman from Tennessee [Mr. McReynolds] 
    desires, he will then be recognized to offer his bill as an 
    amendment to the Cochran bill or, if he prefers to await a vote on 
    the Cochran substitute and the Cochran substitute is disposed of 
    adversely, he may then offer his bill as a substitute for the 
    Patman bill in the amendment to the Vinson bill. We may have 
    pending at the same time an amendment, an amendment to the 
    amendment, a substitute for the amendment, and an amendment to the 
    substitute. All four forms of amendment may be pending 
    simultaneously. That is the limit, as any further proposal would be 
    an amendment in the third degree.
        Under the rules of the House, an amendment is perfected before 
    it is voted on. Any substitute is then perfected; and then, both 
    the amendment and the substitute for the amendment having been 
    perfected, the Committee takes its choice of the two. It should 
    also be borne in mind that the Committee, having chosen one of the 
    two, and having adopted either the amendment or the substitute for 
    the amendment, it is then too late to offer further perfecting 
    amendments.
        If the various bills are offered in the order indicated, the 
    Vinson bill comprises the text of the bill; the Patman bill is the 
    amendment to the text; the Cochran bill is the substitute for the 
    amendment to the text; and any further bill proposed is an 
    amendment to the substitute.
        The question will come first on perfecting amendments to the 
    Patman bill; second, on perfecting amendments to the Cochran bill. 
    The two bills having been perfected, the Committee will then vote 
    on substituting the Cochran bill--or the Cochran bill, as amended--
    for the Patman bill. The question will then recur on adopting the 
    prevailing bill as an amendment to the Vinson bill.

Designated Amendments Made in Order

Sec. 21.4 Form of resolution making in order, and waiving points of 
    order against, designated amendment.

    The following resolution was under consideration on June 13, 1973: 
(2)
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 2. 119 Cong. Rec. 19337, 93d Cong. 1st Sess.
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                                H. Res. 437

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 8410) to continue the existing temporary increase 
    in the public debt limit through November 30, 1973, and for other 
    purposes, and all points of order against said bill for failure to 
    comply with the provisions of clause 4, rule XXI, are hereby 
    waived. After general debate which shall be confined to the bill 
    and shall continue not to exceed two hours, to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Ways and Means, the bill shall be read for amendment 
    under the five-minute rule. It shall be in

[[Page 4157]]

    order to consider without the intervention of any point of order an 
    amendment to the bill H.R. 8410 which shall consist of the text of 
    H.R. 3932, as passed by the House by a vote of two hundred and 
    twenty-nine yeas to one hundred and seventy-one nays on May 1, 
    1973, with conforming changes in section numbers and internal 
    references to comply with the bill H.R. 8410. At the conclusion of 
    the consideration of H.R. 8410 for amendment, the Committee shall 
    rise and report the bill to the House with such amendments as may 
    have been adopted, and the previous question shall be considered as 
    ordered on the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit.

    As a further example, a resolution was considered on Apr. 17, 1973, 
as follows: (3)
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 3. Id. at p. 12793.
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                                H. Res. 356

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (S. 502) to authorize appropriations for the 
    construction of certain highways in accordance with title 23 of the 
    United States Code, and for other purposes. After general debate, 
    which shall be confined to the bill and shall continue not to 
    exceed two hours, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on Public 
    Works, the bill shall be read for amendment under the five-minute 
    rule. It shall be in order to consider the amendment in the nature 
    of a substitute recommended by the Committee on Public Works now 
    printed in the bill as an original bill for the purpose of 
    amendment under the five-minute rule, said substitute shall be read 
    for amendment by titles instead of by sections, and all points of 
    order against said substitute for failure to comply with the 
    provisions of clause 16(c), rule XI, and clause 4, rule XXI, are 
    hereby waived. It shall also be in order to consider without the 
    intervention of any point of order as an amendment to section 123 
    of the committee amendment in the nature of a substitute the text 
    of the proposed amendment as set forth on pages 125 and 126 of the 
    minority views accompanying House Report 93-118. At the conclusion 
    of the consideration of the bill (S. 502) for amendment, the 
    Committee shall rise and report the bill to the House with such 
    amendments as may have been adopted, and any Member may demand a 
    separate vote in the House on any amendment adopted in the 
    Committee of the Whole to the bill or to the committee amendment in 
    the nature of a substitute. The previous question shall be 
    considered as ordered on the bill and amendments thereto to final 
    passage without intervening motion except one motion to recommit 
    with or without instructions.

Sec. 21.5 Form of resolution providing for the consideration of a bill 
    and making in order, any rule of the House to the contrary 
    notwithstanding, a certain type of amendment.

[[Page 4158]]

    The following resolution was under consideration on Dec. 5, 1945: 
(4)
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 4. H. Res. 444, 91 Cong. Rec. 11477, 79th Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 4649) to enable the United States to further 
    participate in the work of the United Nations Relief and 
    Rehabilitation Administration. That after general debate, which 
    shall be confined to the bill and continue not to exceed 1 day, to 
    be equally divided and controlled by the chairman and ranking 
    minority member of the Committee on Foreign Affairs, the bill shall 
    be read for amendment under the 5-minute rule. It shall be in order 
    to consider, any rule of the House to the contrary notwithstanding, 
    an amendment prohibiting the use of funds involved in the bill 
    (H.R. 4649) in countries that refuse free access to examination of 
    United Nations Relief and Rehabilitation Administration operations 
    by representatives of the United States press and radio. At the 
    conclusion of the reading of the bill for amendment, the committee 
    shall rise and report the same to the House with such amendments as 
    may have been adopted, and the previous question shall be 
    considered as ordered on the bill and amendments thereto to final 
    passage without intervening motion except one motion to recommit.

Sec. 21.6 Form of resolution consecutively making in order and waiving 
    points of order against the consideration of the texts of three 
    designated bills if offered as amendments in the nature of a 
    substitute for the pending bill.

    The following resolution was under consideration on Oct. 9, 1973: 
(5)
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 5. H. Res. 581, 119 Cong. Rec. 33352, 93d Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 9682) to reorganize the governmental structure of 
    the District of Columbia, to provide a charter for local government 
    in the District of Columbia subject to acceptance by a majority of 
    the registered qualified electors in the District of Columbia, to 
    delegate certain legislative powers to the local government, to 
    implement certain recommendations of the Commission on the 
    Organization of the Government of the District of Columbia, and for 
    other purposes, and all points of order against sections 202, 204, 
    713, 722, and 731 of said bill for failure to comply with the 
    provisions of clause 4, rule XXI are hereby waived. After general 
    debate, which shall be confined to the bill and shall continue not 
    to exceed four hours, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on the 
    District of Columbia, the bill shall be read for amendment under 
    the five-minute rule. It shall be in order to consider without the 
    inter

[[Page 4159]]

    vention of any point of order the text of the bill H.R. 10597 if 
    offered as an amendment in the nature of a substitute for the bill 
    H.R. 9682. If said amendment in the nature of a substitute is not 
    agreed to in the Committee of the Whole, it shall then be in order 
    to consider without the intervention of any point of order the text 
    of the bill H.R. 10693 if offered as an amendment in the nature of 
    a substitute for the bill H.R. 9682. If said amendment in the 
    nature of a substitute (H.R. 10693) is not agreed to in the 
    Committee of the Whole, it shall then be in order to consider 
    without the intervention of any point of order the text of the bill 
    H.R. 10692 if offered as an amendment in the nature of a substitute 
    for the bill H.R. 9682. At the conclusion of the consideration of 
    H.R. 9682 for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted, 
    and the previous question shall be considered as ordered on the 
    bill and amendments thereto to final passage without intervening 
    motion except one motion to recommit with or without instructions. 
    After the passage of H.R. 9682, the Committee on the District of 
    Columbia shall be discharged from the further consideration of the 
    bill S. 1435, and it shall then be in order in the House to move to 
    strike out all after the enacting clause of the said Senate bill 
    and insert in lieu thereof the provisions contained in H.R. 9682 as 
    passed by the House.

Sec. 21.7 Form of resolution providing for consideration in Committee 
    of the Whole of a Senate bill (the Legislative Reorganization Act 
    of 1946) and making in order (as an amendment in the nature of a 
    substitute) the provisions contained in a committee print and 
    previously inserted in the Congressional Record.

    The following resolution was under consideration on July 25, 1946: 
(6)
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 6. H. Res. 717, 92 Cong. Rec. 10037, 79th Cong. 2d Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (S. 2177) to provide for increased efficiency in the 
    legislative branch of the Government, and all points of order 
    against said bill are hereby waived. That after general debate, 
    which shall be confined to the bill and continue not to exceed two 
    hours, to be equally divided and controlled by the gentleman from 
    Oklahoma, Mr. Monroney, and the gentleman from Michigan, Mr. 
    Michener, the bill shall be read for amendment under the five-
    minute rule. It shall be in order to consider without the 
    intervention of any point of order as a substitute for the bill the 
    provisions contained in the committee print of July 20, 1946, and 
    printed in the Congressional Record of July 19, 1946, page 9496, 
    and such substitute for the purpose of amendment shall be 
    considered under the five-minute rule as an original bill. At the 
    conclusion of such consideration,

[[Page 4160]]

    the Committee shall rise and report the bill to the House with such 
    amendments as may have been adopted, and any Member may demand a 
    separate vote in the House on any of the amendments adopted in the 
    Committee of the Whole to the bill or committee substitute. The 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit.

Sec. 21.8 The House rejected the previous question on a resolution 
    reported from the Committee on Rules which in part sought to make 
    the text of a specified bill in order as an amendment. The House 
    then adopted an amendment making the text of a different bill in 
    order as an amendment in the nature of a substitute. The amendment 
    to the resolution further struck out provisions in the resolution 
    waiving points of order against nongermane committee amendments.

    On Apr. 16, 1973, Mr. Richard Bolling, of Missouri, called up by 
direction of the Committee on Rules the following resolution: 
(7)
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 7. H. Res. 357, 119 Cong. Rec. 12501 93d Cong. 1st Sess.
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        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 6168) to amend and extend the Economic 
    Stabilization Act of 1970. After general debate, which shall be 
    confined to the bill and shall continue not to exceed two hours, to 
    be equally divided and controlled by the chairman and ranking 
    minority member of the Committee on Banking and Currency, the bill 
    shall be read for amendment under the five-minute rule. Immediately 
    after the reading of the first section of H.R. 6168 under the five-
    minute rule, it shall be in order to consider without the 
    intervention of any point of order the text of H.R. 6879 as an 
    amendment in the nature of a substitute for the bill. If said 
    amendment in the nature of a substitute is not agreed to in 
    Committee of the Whole, it shall then be in order to consider the 
    amendments recommended by the Committee on Banking and Currency now 
    printed in the bill notwithstanding the provisions of clause 7, 
    rule XVI. At the conclusion of the consideration of H.R. 6168 for 
    amendment, the Committee shall rise and report the bill to the 
    House with such amendments as may have been adopted, and the 
    previous question shall be considered as ordered on the bill and 
    amendments thereto to final passage without intervening motion 
    except one motion to recommit with or without instructions. After 
    the passage of H.R. 6168, the Committee on Banking and Currency 
    shall be discharged from the further consideration of the bill S. 
    398, and it shall then be in order in the House to move to strike 
    out all after the enacting clause of the said Senate bill and 
    insert in lieu thereof the provisions contained in H.R. 6168 as 
    passed by the House.

[[Page 4161]]

    The House rejected the previous question on the resolution and 
adopted an amendment offered by Mr. David T. Martin, of Nebraska. 
(8)
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 8. Id. at p. 12509.
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        Mr. Martin, of Nebraska: Mr. Speaker, I offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Martin of Nebraska: On page 2, 
        line 1, strike ``H.R. 6879,'' and insert in lieu thereof, 
        ``H.R. 2099.''
            On page 2, lines 2 through 7, strike the words: ``If said 
        amendment in the nature of a substitute is not agreed to in 
        Committee of the Whole, it shall then be in order to consider 
        the amendments recommended by the Committee on Banking and 
        Currency now printed in the bill notwithstanding the provisions 
        of clause 7, rule XVI.''

        Mr. Martin of Nebraska: Mr. Speaker, I would like to explain 
    this amendment to the Members. The amendment makes in order the 
    consideration of the committee bill, H.R. 6168. Then it makes in 
    order the offering of H.R. 2099 as a substitute. This strikes out 
    the Stephens bill and substitutes H.R. 2099, which is a bill which 
    was jointly introduced by the chairman of the Banking and Currency 
    Committee and the ranking minority member, and provides for a 
    simple 12 months' extension of the Economic Stabilization Act.
        Then in addition it strikes from the original resolution (H. 
    Res. 357) the waiving of points of order in regard to germaneness. 
    In other words, those are stricken from the resolution. That is all 
    this amendment does.
        Mr. Speaker, I yield to the gentleman from Missouri (Mr. 
    Bolling).
        Mr. Bolling: Mr. Speaker, I thank the gentleman from Nebraska 
    for yielding, but I see no purpose in debating the matter further. 
    I thank the gentleman again.
        Mr. Martin of Nebraska: Mr. Speaker, I urge adoption of the 
    amendment, and I move the previous question on the amendment and on 
    the resolution.
        The previous question was ordered.
        The Speaker: (9~) The question is on the amendment 
    offered by the gentleman from Nebraska (Mr. Martin).
---------------------------------------------------------------------------
 9. Carl Albert (Okla.).
---------------------------------------------------------------------------

        The amendment was agreed to.
        The Speaker: The question is on the resolution.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 21.9 The House voted down the previous question on a resolution 
    providing for the consideration of a bill and amended the 
    resolution by striking out a provision which would have made in 
    order sections or paragraphs of another bill as amendments.

    On June 7, 1944, Mr. Adolph J. Sabath, of Illinois, called up by 
direction of the Committee on Rules a special order providing for the 
consideration of a bill, and making in order without the interven

[[Page 4162]]

tion of any point of order amendments containing the text of another 
bill: (10)
---------------------------------------------------------------------------
10. H. Res. 582, 90 Cong. Rec. 5465, 78th Cong. 21 Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution is shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the state of the Union for the consideration 
    of the bill (H.R. 4941) to extend the period of operation of the 
    Emergency Price Control Act of 1942 and the Stabilization Act of 
    October 2, 1942, and for other purposes, and all points of order 
    against said bill are hereby waived. That after general debate, 
    which shall be confined to the bill and continue not to exceed 9 
    hours, to be equally divided and controlled by the chairman and 
    ranking minority member of the Committee on Banking and Currency, 
    the bill shall be read for amendment under the 5-minute rule. It 
    shall be in order to consider without the intervention of any point 
    of order any amendment which may be offered to the bill embodying 
    any of the sections or paragraphs contained in the bill H.R. 4647. 
    At the conclusion of the consideration of the bill for amendment, 
    the Committee shall rise and report the same to the House with such 
    amendments as may have been adopted and the previous question shall 
    be considered as ordered on the bill and amendments thereto to 
    final passage without intervening motion except one motion to 
    recommit.

    After debate on the resolution, during which Speaker Sam Rayburn, 
of Texas, opposed the provisions in the rule making certain amendments 
in order, the previous question was rejected on the resolution and the 
House adopted the following amendment to the resolution:

        Mr. [Brent] Spence [of Kentucky]: Mr. Speaker, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Spence: Page 2, line 1, after the 
        word ``rule'', strike out the entire sentence commencing with 
        the words ``It shall'', ending with ``H.R. 4647'' in line 4.

Sec. 21.10 Where a committee reported out a bill similar to one which 
    was eligible to be called up on the Discharge Calendar, the House 
    adopted a special order providing for the consideration of the 
    reported bill and making in order, after passage, a motion to 
    substitute the title, provisions, and number of the other House 
    bill, such motion not to be debatable.

    On June 11, 1956,(11) the House adopted a special order 
reported from the Committee on Rules providing for the consideration of 
a bill and making in order a motion after passage thereof:
---------------------------------------------------------------------------
11. 102 Cong. Rec. 10025 84th Cong. 2d Sess., H. Res. 521.
---------------------------------------------------------------------------

            Resolved, That upon the adoption of this resolution it 
        shall be in order to move that the House resolve itself

[[Page 4163]]

        into the Committee of the Whole House on the State of the Union 
        for the consideration of the bill (H.R. 1840) to strengthen the 
        Robinson-Patman Act and amend the antitrust law prohibiting 
        price discrimination. That after general debate, which shall be 
        confined to the bill and continue not to exceed 3 hours, to be 
        equally divided and controlled by the chairman and ranking 
        minority member of the Committee on the Judiciary, the bill 
        shall be read for amendment under the 5-minute rule. At the 
        conclusion of the consideration of the bill H.R. 1840, the 
        Committee shall rise and report the bill to the House with such 
        amendments as may have been adopted and the previous question 
        shall be considered as ordered on the bill and amendments 
        thereto to final passage without intervening motion, except one 
        motion to recommit. After the passage of the bill H.R. 1840, it 
        shall be in order to move to strike out the number H.R. 1840 
        and title and provisions thereof and to substitute in lieu 
        thereof the number H.R. 11 and the title and provisions 
        thereof: Provded, however, That such motion shall not be 
        debatable.

    Parliamentarian's Note: A discharge petition, discharging the 
Committee on Rules from the further consideration of House Resolution 
414 (providing a rule for the consideration of H.R. 11) was signed by 
the requisite number of Members on May 21 and was therefore eligible, 
pursuant to Rule XXVII clause 4, to be called up from the Calendar of 
Motions to Discharge Committees on June 11. The Committee on the 
Judiciary had however reported out H.R. 1840 (identical to H.R. 11 
except for the title thereof) on May 24. The resolution providing for 
the consideration of H.R. 1840 and making in order the substitution of 
H.R. 11 in the House was reported by the Committee on Rules.
    Although the House passed H.R. 1840 and amended the title thereof 
to conform with the title of H.R. 11, the number of H.R. 11 was not 
substituted for that of the reported bill.

Designated Amendments Made in Order

Sec. 21.11 Where a bill was being considered in Committee of the Whole 
    under a special procedure which made in order the text of another 
    bill as an amendment in the nature of a substitute (but not 
    providing for reading said substitute as an original bill for 
    amendment) and which made in order as an amendment to said 
    amendment in the nature of a substitute another designated bill, 
    the Chair indicated that recognition to offer the amendment made in 
    order to the substitute would be governed by precedents relating to 
    recognition, where the special order did not attach a priority to 
    that amendment.

[[Page 4164]]

    On Dec. 12, 1973,(12) the House adopted the following 
special order for the consideration of a bill, making in order a 
designated bill as an amendment in the nature of a substitute, and 
making in order another designated bill as an amendment to the 
amendment in the nature of a substitute:
---------------------------------------------------------------------------
12. 119 Cong. Rec. 41105, 41106, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

                                H. Res. 744

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move, clause 27(d)(4) of rule XI to the contrary 
    notwithstanding, that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 11450) to direct the President to take action to 
    assure, through energy conservation, rationing, and other means, 
    that the essential energy needs of the United States are met, and 
    for other purposes. After general debate, which shall be confined 
    to the bill and shall continue not to exceed three hours, to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Interstate and Foreign Commerce, the 
    bill shall be read for amendment under the five-minute rule. It 
    shall be in order immediately after the enacting clause is read to 
    consider without the intervention of any point of order the text of 
    the bill H.R. 11882, if offered as an amendment in the nature of a 
    substitute for the bill H.R. 11450. It shall also be in order to 
    consider without the intervention of any point of order the text of 
    the bill H.R. 11891 if offered as an amendment to said amendment in 
    the nature of a substitute. At the conclusion of the consideration 
    of H.R. 11450 for amendment, the Committee shall rise and report 
    the bill to the House with such amendments as may have been 
    adopted, and the previous question shall be considered as ordered 
    on the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit with or without 
    instructions.

    At the conclusion of general debate on the bill in Committee of the 
Whole, the amendment in the nature of a substitute (the text of H.R. 
11882) was offered by Mr. Harley O. Staggers, of West Virginia, and Mr. 
Staggers asked unanimous consent that the amendment be considered as 
read, printed in the Record, and open to amendment at any point. 
Chairman Richard Bolling, of Missouri, then answered a series of 
parliamentary inquiries on the procedure for offering amendments under 
the provisions of the special order governing consideration of the 
bill. One of the inquiries related to recognition for offering the 
amendment made in order to the amendment in the nature of a substitute:

        Mr. [Clarence J.] Brown of Ohio: Mr. Chairman, reserving the 
    right to object, I should like to inquire, if the request of the 
    gentleman is accepted

[[Page 4165]]

    and there is no objection to it, when it would be timely for the 
    amendment made in order by the rule to the text of the substitute 
    to be offered, that amendment being H.R. 11891, which would be the 
    amendment, as the rule prescribes, to H.R. 11882?
        The Chairman: The Chair would repeat what the Chair has already 
    said. The Chair would recognize Members to offer amendments as they 
    are reached in the customary procedure of the House.
        There is no particular priority, there is no special priority 
    given to that amendment but the gentleman is a member of the 
    committee and he ranks on the committee and the Chair would seek to 
    reach him in an orderly fashion.
        Mr. Brown of Ohio: Mr. Chairman, I withdraw my reservation of 
    objection.(13)
---------------------------------------------------------------------------
13. Id. at pp. 41153-55. For a discussion of the other parliamentary 
        inquiries propounded on this occasion, see Sec. 25.17, infra.
---------------------------------------------------------------------------

Sec. 21.12 Where a special rule makes in order the text of another bill 
    as an amendment, that text may be offered as an amendment to the 
    bill or as an amendment in the nature of a substitute therefor.

    On July 17, 1968, Mr. Richard Bolling, of Missouri, called up by 
direction of the Committee on Rules a special order providing for the 
consideration of a bill and making in order a specified amendment: 
(~14)
---------------------------------------------------------------------------
14. 114 Cong. Rec. 21765, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Speaker, by direction of the Committee on Rules, I call up 
    House Resolution 1249 and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 1249

            Resolved, That upon the adoption of this resolution, it 
        shall be in order to move that the House resolve itself into 
        the Committee of the Whole House on the State of the Union for 
        the consideration of the bill (H.R. 17735) to amend title 18, 
        United States Code, to provide for better control of the 
        interstate traffic in firearms. After general debate, which 
        shall be confined to the bill and shall continue not to exceed 
        three hours, to be equally divided and controlled by the 
        Chairman and ranking minority member of the Committee on the 
        Judiciary, the bill shall be read for amendment under the five-
        minute rule. It shall be in order to consider, without the 
        intervention of any point of order, the text of the bill H.R. 
        6137 as an amendment to the bill. At the conclusion of the 
        consideration of the bill H.R. 17735 for amendment, the 
        Committee shall rise and report the bill to the House with such 
        amendments as may have been adopted, and the previous question 
        shall be considered as ordered on the bill and amendments 
        thereto to final passage without intervening motion except one 
        motion to recommit.

    Mr. Bolling, in debate on the special order, discussed how the 
specified amendment could be offered: (~15)
---------------------------------------------------------------------------
15. Id. at p. 21766.

---------------------------------------------------------------------------

[[Page 4166]]

        Mr. Speaker, I have just gotten permission to include in the 
    Record the text of the so-called Casey bill, H.R. 6137, which was 
    made in order by the rule as an amendment to H.R. 17735, the bill 
    this rule will make in order for consideration under a 3-hour open 
    rule.
        I do so because the procedure followed by the Committee on 
    Rules in granting this rule is a relatively unusual procedure. I 
    think it important that the Members understand what may be offered 
    as an amendment. It is also important that they understand that 
    this amendment, this so-called Casey bill, may be offered either as 
    a substitute for H.R. 17735, or as an amendment to it.

Sec. 21.13 Where a resolution providing for the consideration of a bill 
    makes in order (notwithstanding the rule of germaneness) the text 
    of another specific bill as an amendment, points of order are 
    considered as waived only against the complete text of the proposed 
    bill and not against portions thereof; and if parts of the text are 
    offered as independent amendments they must meet the test of 
    germaneness under Rule XVI clause 7.

    On Dec. 10, 1969, the House had under consideration a special order 
called up by direction of the Committee on Rules by Mr. Ray J. Madden, 
of Indiana, the resolution made in order as an amendment to the bill 
the text of another bill, and waived points of order against the 
consideration of such amendment: (16)
---------------------------------------------------------------------------
16. 115 Cong. Rec. 38123, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

                                H. Res. 714

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 4249) to extend the Voting Rights Act of 1965 
    with respect to the discriminatory use of tests and devices. After 
    general debate, which shall be confined to the bill and shall 
    continue not to exceed three hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee of the Judiciary, the bill shall be read for amendment 
    under the five-minute rule. It shall be in order to consider, 
    without the intervention of any point of order, the text of the 
    bill H.R. 12695 as an amendment to the bill. At the conclusion of 
    the consideration of H.R. 4249 for amendment, the Committee shall 
    rise and report the bill to the House with such amendments as may 
    have adopted, and the previous question shall be considered as 
    ordered on the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit with or without 
    instructions.

    Speaker pro tempore Carl Albert, of Oklahoma, answered 
parliamentary inquiries on whether

[[Page 4167]]

portions of the text of the bill thus made in order could be offered as 
amendments or as part of the instructions in a motion to 
recommit:(17)
---------------------------------------------------------------------------
17. Id. at p. 38130.
---------------------------------------------------------------------------

        Mr. [Clark] MacGregor [of Minnesota]: Mr. Speaker, I have a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. MacGregor: Mr. Speaker, under the resolution (H. Res. 714), 
    if adopted, should the bill, H.R. 12695, be considered and 
    rejected, would it then be in order, following rejection of H.R. 
    12695, should that occur, to offer a portion or portions of H.R. 
    12695 as amendments to H.R. 4249?
        The Speaker Pro Tempore: The Chair will state that would be in 
    order subject to the rule of germaneness, if germane to the bill 
    H.R. 4249.
        Mr. MacGregor: Mr. Speaker, a further parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. MacGregor: Mr. Speaker, should a portion of H.R. 12695 be 
    offered under the conditions set forth in my previous inquiry and 
    should it not be germane, a motion to that effect, to rule it out 
    of order, would be then in order and be sustained, I gather?
        The Speaker Pro Tempore: That, of course, would be a matter for 
    the Chairman of the Committee of the Whole to consider when it is 
    before him.
        Mr. MacGregor: Mr. Speaker, I have one additional parliamentary 
    inquiry. Under House Resolution 714, if adopted, would it be in 
    order to include in the motion to recommit a portion or portions of 
    H.R. 12695 which might otherwise be subject to a point of order on 
    the point of germaneness?
        The Speaker Pro Tempore: The Chair would not want to pass upon 
    that hypothetically. At the time the occasion arises the Chair 
    would pass upon it.

Sec. 21.14 Where the Committee on Rules had reported a resolution 
    making in order consideration of a committee amendment in the 
    nature of a substitute as an original bill for amendment, and 
    making in order the text of another bill as a substitute therefor, 
    the Speaker pro tempore indicated, in response to a series of 
    parliamentary inquiries, that (1) amendments would be in order to 
    such substitute at any point and would not be in the third degree; 
    (2) if the substitute text were offered to section 1 of the 
    committee-amendment, only that section of the committee amendment 
    would be open to perfecting amendment while the substitute was 
    pending; and (3) if the substitute were defeated in Committee of 
    the Whole, the committee amendment would be read by sections for 
    amendment.

[[Page 4168]]

    On June 16, 1970, there was pending before the House, House 
Resolution 1077 providing for the consideration of H.R. 17070, the 
Postal Reform Act of 1970:

                                H. Res. 1077

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 17070) to improve and modernize the postal 
    service, to reorganize the Post Offlce Department, and for other 
    purposes, and all points of order against said bill are hereby 
    waived. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Post Office and Civil Service, the bill shall be read 
    for amendment under the five-minute rule. It shall be in order to 
    consider without the intervention of any point of order the 
    amendment in the nature of a substitute recommended by the 
    Committee on Post Office and Civil Service now printed in the bill 
    as an original bill for the purpose of amendment under the five-
    minute rule. It shall also be in order to consider without the 
    intervention of any point of order the text of the bill H.R. 17966 
    as a substitute for the said committee amendment. At the conclusion 
    of the consideration of H.R. 17070 for amendment, the Committee 
    shall rise and report the bill to the House with such amendments as 
    may have been adopted, and any Member may demand a separate vote in 
    the House on any amendment adopted in the Committee of the Whole to 
    the bill or to the committee amendment in the nature of a 
    substitute. The previous question shall be considered as ordered on 
    the bill and amendments thereto to final passage without 
    intervening motion except one motion to recommit with or without 
    instructions.(18)
---------------------------------------------------------------------------
18. 116 Cong. Rec. 19837, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

    Speaker pro tempore Carl Albert, of Oklahoma, answered 
parliamentary inquiries on offering amendments under the provisions of 
the special order:

        Mr. [H. Allen] Smith of California: Mr. Speaker, may I present 
    a parliamentary inquiry at this time?
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Smith of California: In connection with H.R. 17070, which 
    the Rules Committee has made in order as a committee substitute for 
    the original committee bill, which was stricken out, and against 
    which bill points of order are to be waived, and in addition in 
    connection with H.R. 17966, which has been made in order as a 
    substitute, waiving points of order, my understanding of the 
    parliamentary situation is, if we do not get into the third degree 
    where we are stopped, that when H.R. 17966 is offered as a 
    substitute it will be open to amendment as we go through the bill.
        The Speaker Pro Tempore: It will be open to amendment at any 
    point.
        Mr. Smith of California: It is my understanding if we have an 
    amendment

[[Page 4169]]

    pending on that bill, which is one amendment, we can also have an 
    amendment pending on the original bill if it applies to the same 
    section or same part of the bill. In other words, we are not 
    precluded from amending H.R. 17070 until we completely take care of 
    H.R. 17966 and the Committee rises and you vote on that. We can 
    amend in the Committee of the Whole H.R. 17070.
        The Speaker Pro Tempore: If the Chair correctly understands the 
    gentleman, the answer to it is that the Udall substitute can be 
    offered as an amendment to section 1. Other amendments can be 
    offered to section 1 of the committee amendment, but no other 
    amendments can be offered beyond section 1 to the committee 
    amendment.
        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, will the 
    gentleman yield for a parliamentary inquiry?
        Mr. Smith of California: I yield for a parliamentary inquiry.
        Mr. Gerald R. Ford: Is it not accurate to say, however, that if 
    the Udall-Derwinski substitute, H.R. 17966, is defeated in the 
    Committee of the Whole, then any other part of H.R. 17070 is open 
    for amendment at any point?
        The Speaker Pro Tempore: In that event, the Committee of the 
    Whole would go back and read the committee amendment as an original 
    bill, in which case each section would be open for amendment as it 
    was read.(19)
---------------------------------------------------------------------------
19. Id. at p. 19838.
---------------------------------------------------------------------------

Certain Amendments Prohibited

Sec. 21.15 The House adopted a resolution providing for consideration 
    of a bill amending the rules of the House under a procedure 
    prohibiting amendments which would change the jurisdiction of any 
    standing committee.

    On July 13, 1970, Mr. B. F. Sisk, of California, called up by 
direction of the Committee on Rules a special order, providing for the 
consideration of a bill reported by the Committee on Rules (Legislative 
Reorganization Act of 1970). The resolution prohibited the offering of 
certain types of amendments and was adopted by the House: 
(20)
---------------------------------------------------------------------------
20. H. Res. 1093, 116 Cong. Rec. 23901 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved, That upon the adoption of this resolution it shall be 
    in order to move that the House resolve itself into the Committee 
    of the Whole House on the State of the Union for the consideration 
    of the bill (H.R. 17654) to improve the operation of the 
    legislative branch of the Federal Government, and for other 
    purposes. After general debate, which shall be confined to the bill 
    and shall continue not to exceed four hours, to be equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on Rules, the bill shall be read for amendment under the 
    five-minute rule. No amendment to the bill shall be in order which 
    would have the effect of changing the jurisdiction of any committee 
    of the House listed in rule XI. At the conclusion of the 
    consideration

[[Page 4170]]

    of the bill for amendment, the Committee shall rise and report the 
    bill to the House with such amendments as may have been adopted, 
    and the previous question shall be considered as ordered on the 
    bill and amendments thereto to final passage without intervening 
    motion except one motion to recommit.

Sec. 21.16 To a bill amending the rules of the House being considered 
    under a special order prohibiting amendments to the bill ``which 
    would have the effect of changing the jurisdiction of any committee 
    of the House listed in Rule XI,'' an amendment proposing a new Rule 
    XLV to require that a majority of at least one subcommittee of the 
    Committee on Government Operations consist of minority members of 
    the House was ruled out of order as an attempt to change the 
    ``jurisdiction and makeup of the Committee on Government 
    Operations.''

    On July 29, 1970, the Committee of the Whole was considering H.R. 
17654, the Legislative Reorganization Act of 1970, pursuant to a 
special order (H. Res. 1093) prohibiting certain kinds of amendments. 
Chairman William H. Natcher, of Kentucky, sustained a point of order 
against an amendment as in violation of the special order: 
(1)
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 26421, 26422, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [James C.] Cleveland [of New Hampshire]: Mr. Chairman, I 
    offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Cleveland: on page 39, immediately 
        below line 4, insert the following:

         ``minority party control of one subcommittee of the committee 
                            on government operations

            ``Sec.--. The Rules of the House of Representatives are 
        amended by adding at the end thereof the following new rule:

                                  `` `Rule XLV

         ``minority party control of one subcommittee of the committee 
                            on government operations

            `` `A majority of the members of no fewer than one 
        subcommittee of the Committee on Government Operations shall 
        consist of members of the largest minority party in the House 
        of Representatives.' ''
            And make the necessary technical changes in the table of 
        contents, section numbers and references in the bill.

        Mr. [B. F.] Sisk [of California]: Mr. Chairman, I make a point 
    of order against the amendment. . . .
        The Chairman: The Chair is ready to rule.
        As the gentleman from New Hampshire knows, the House resolution 
    under which we are now operating, House Resolution 1093, 
    specifically provides, in part:

[[Page 4171]]

            No amendment to the bill shall be in order which would have 
        the effect of changing the jurisdiction of any committee of the 
        House listed in rule XI.

        The amendment offered by the gentleman from New Hampshire would 
    change the jurisdiction and the makeup of the Committee on 
    Government Operations to the extent that it would force the 
    Committee on Government Operations to set up a subcommittee for the 
    purpose to which the amendment goes.
        Therefore, the Chair sustains the point of order that was 
    raised by the gentleman from California (Mr. Sisk), that the 
    amendment violates that part of the resolution under which we are 
    operating and, therefore, for the reasons the Chair has given, the 
    point of order is sustained.

    Parliamentarian's Note: The sponsor of the amendment had originally 
offered an amendment proposing a new rule of the House to establish a 
Minority Committee on Investigations but had withdrawn that amendment 
when advised that it would have the effect of changing the jurisdiction 
of the Committee on Government Operations and would therefore be in 
violation of the special order under which the bill was being 
considered.(2)
---------------------------------------------------------------------------
 2. Id. at p. 26421.
---------------------------------------------------------------------------

Sec. 21.17 To a bill amending the rules of the House, being considered 
    pursuant to a resolution prohibiting amendments to the bill ``which 
    would have the effect of changing the jurisdiction of any committee 
    of the House listed in Rule XI,'' an amendment to Rule XI clause 23 
    [Rule XI clause 4(b), in the 1979 House Rules and Manual] 
    proscribing the power of the Committee on Rules to report special 
    orders which would limit the reading of a measure for amendment or 
    the offering of amendments thereto, was ruled out of order as an 
    attempt to change the jurisdiction of the Committee on Rules.

    On July 29, 1970, the Committee of the Whole was considering H.R. 
17654, the Legislative Reorganization Act of 1970. The special order 
under which the bill was being considered (H. Res. 1093) prohibited 
amendments ``which would have the effect of changing the jurisdiction 
of any committee of the House listed in Rule XI.'' Chairman William H. 
Natcher, of Kentucky, sustained a point of order against an amendment: 
(3)
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 26414, 91st Cong. 2d Sess. For language sought to be 
        amended, see House Rules and Manual, Sec. 729 ( 1973).
---------------------------------------------------------------------------

        Mr. [Andrew] Jacobs [Jr., of Indiana]: Mr. Chairman, I offer an 
    amendment.

[[Page 4172]]

        The Clerk read as follows:

            Amendment offered by Mr. Jacobs: On page 39, after line 4, 
        add the following new section:
            ``Sec. 123(a) Clause 23 of Rule XI of the Rules of the 
        House of Representatives is amended by adding at the end 
        thereof the following: `In addition, the Committee on Rules 
        shall not report any rule or order for the consideration of any 
        legislative measure which limits, restricts, or eliminates the 
        actual reading of that measure for amendment or the offering of 
        any amendment to that measure.'.'' . . .

        Mr. [B. F.] Sisk [of California]: Mr. Chairman, I reserve a 
    point of order on the amendment. However, I would be perfectly 
    happy to have the gentleman from Indiana explain what he proposes 
    to do, but I would like to reserve a point of order against the 
    amendment.
        Mr. [H. Allen] Smith of California: Mr. Chairman, I was going 
    to make a point of order against the gentleman's amendment because 
    it clearly limits and violates the rule under which we are 
    proceeding. But if the gentleman has a desire to speak on it, I 
    shall reserve a point of order until after the gentleman speaks on 
    it.

        Mr. Jacobs: I have expressed no such desire.
        Mr. Smith of California: Mr. Chairman, I raise the point of 
    order that this very definitely limits the jurisdiction of the 
    Rules Committee and would prohibit us from issuing a closed rule 
    and other types of rules. The rule under which this measure was 
    considered strictly prohibits the changing of any jurisdiction of 
    any committee.
        The Chairman: Does the gentleman from Indiana desire to be 
    heard on the point of order?
        Mr. Jacobs: Mr. Chairman, as I understand the term 
    ``jurisdiction,'' it means the territory or subject matter over 
    which legal power is exercisable, not the rules by which such power 
    proceeds.
        The Chairman: The Chair is prepared to rule.
        The Chair would like to point out to the gentleman from Indiana 
    that under House Resolution 1093 we have the following language, 
    beginning in line 11:

            No amendments to the bill shall be in order which would 
        have the effect of changing the jurisdiction of any committee 
        of the House listed in Rule XI.

        Therefore, the Chair sustains the point of order.
        Mr. Jacobs: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Jacobs: Mr. Chairman, my parliamentary inquiry is for some 
    enlightenment about the word ``jurisdiction'' itself, the 
    definition of the word ``jurisdiction''? Does it refer to subject 
    matter and territory, or relate to the manner in which the 
    Committee on Rules can make a report within its jurisdiction?
        The Chairman: The Chair would like to point out to the 
    gentleman from Indiana that under the amendment offered by the 
    gentleman from Indiana there is the following language:

            The Committee on Rules shall not report any rule or order 
        for the consideration of any legislative measure which limits, 
        restricts, or eliminates the actual reading of that measure for 
        amendment or the offering of any amendment to that measure.

        Therefore the amendment offered by the gentleman from Indiana 
    restricts

[[Page 4173]]

    the jurisdictional powers of the Committee on Rules. For that 
    reason the point of order must be sustained.