[Deschler's Precedents, Volume 6, Chapter 21]
[Chapter 21. Order of Business; Special Orders]
[D. Types of Special Orders]
[Â§ 25. As to Reading for Amendment]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4277-4298]
 
                               CHAPTER 21
 
                   Order of Business; Special Orders
 
                       D. TYPES OF SPECIAL ORDERS
 
Sec. 25. As to Reading for Amendment

    An order of business resolution reported from the Committee on 
Rules may vary the method by which a bill is read for amendment in 
Committee of the Whole. For example, the resolution may

[[Page 4278]]

specify that the bill is to be read for amendment by titles instead of 
by sections, or that the bill shall be considered as having been 
read.(10) Where a bill is considered pursuant to a 
``closed'' rule, the resolution typically provides that the bill shall 
be considered as having been read and that no amendments except 
committee amendments may be offered. Under such a rule, if no 
amendments are in fact offered in Committee of the Whole, the stage of 
amendment is passed.(11)
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10. See Sec. Sec. 25.1-25.7, infra.
11. See, for example, Sec. Sec. 22.17, 22.18, supra; Sec. 25.4, infra.
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    Special orders are often used to provide that a committee amendment 
in the nature of a substitute (a committee amendment printed in the 
reported bill, in italics, which substitutes an entirely new text for 
the bill) be read as an original bill for the purpose of amendment. The 
effect of such a resolution is to allow the committee amendment to be 
read section by section (or title by title, etc., as the rule 
specifies) and to be open to the four stages of amendment (an 
amendment, a substitute, and perfecting amendments to both the 
amendment and the substitute).(12)
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12. See Sec. Sec. 25.12, 25.15, infra. A special order may further 
        provide that a designated amendment be in order if offered as 
        an amendment to the committee amendment in the nature of a 
        substitute (see Sec. 25.16, infra).
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    Where the special order provides for reading the committee 
amendment in the nature of a substitute as an original bill for 
amendment, the resolution will usually also provide that when the bill 
is reported from the Committee of the Whole to the House, any Member 
may demand a separate vote on any amendment adopted in Committee of the 
Whole to the committee amendment. Without such a provision, only the 
committee amendment in the nature of a substitute, as perfected, would 
be reported to the House for a vote, under the practice of the 
House.(13)
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13. See House Rules and Manual Sec. Sec. 336, 337 [notes] (1979).
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    Where a bill consists of only one section, and is reported from 
committee with a single-section amendment in the nature of a 
substitute, it is not necessary to provide, in the special order, for 
reading the amendment as an original bill for the purpose of amendment. 
In the absence of such a provision, the bill will be read in its 
entirety and the amendment reported following general debate in 
Committee of the Whole, whereupon both the

[[Page 4279]]

bill and the amendment will be pending and open to 
amendment.(14)
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14. See Sec. 25.13, infra. See also Sec. 25.17, infra, for procedures 
        where the committee amendment in the nature of a substitute is 
        not read as original text.
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                            Cross References
As to reading appropriation bills for amendment, see Ch. 25, infra.
As to reading for amendment under five-minute rule in Committee of the 
    Whole, see Sec. 19, supra.
As to resolutions read for amendment in Committee of the Whole under 
    special rule, see Sec. 20, supra.
As to designated amendment made in order by special rule, see Sec. 21, 
    supra.
As to closed rules restricting amendments and providing bills to be 
    considered as read, see Sec. 22, supra.
As to amendments and reading for amendment generally, see Ch. 27, 
    infra.
As to Senate bills read for amendment under special rule, see Sec. 27, 
    infra.                          -------------------

Varying Method of Reading Bill or Amendment in Nature of Substitute

Sec. 25.1 Form of resolution providing for reading an appropriation 
    bill for amendment by ``appropriation titles.''

    The following resolution, reported from the Committee on Rules, was 
under consideration on Oct. 18, 1945.(15)
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15. H. Res. 375, 91 Cong. Rec. 9813, 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. 4407) reducing certain appropriations and 
    contract authorizations available for the fiscal year 1946, 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 3 hours, to be equally 
    divided and controlled by the chairman and the ranking minority 
    member of the Committee on Appropriations, the bill shall be read 
    by appropriation titles for amendment under the 5-minute rule. At 
    the conclusion of the consideration of the bill for amendment, the 
    Committee shall rise and report the bill 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.

    Parliamentarian's Note: Appropriation bills are usually read for 
amendment by paragraph.(16)
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16. See House Rules and Manual Sec. 872 (1979).
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Sec. 25.2 Form of resolution providing that a bill be read for 
    amendment by title instead of by sections.

    The following resolution, reported from the Committee on Rules, was 
under consideration on July 30, 1970: (17)
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17. 116 Cong. Rec. 26253, 91st Cong. 2d Sess.

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[[Page 4280]]

                                H. Res. 1168

        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. 17880) to amend the Defense Production Act of 
    1950, 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 Banking and Currency, the bill 
    shall be read for amendment under the five-minute rule by titles 
    instead of by sections. 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. After the passage of H.R. 
    17880, the Committee on Banking and Currency shall be discharged 
    from the further consideration of the bill S. 3302, 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. 17880 as passed by the House.

    Parliamentarian's Note: Bills other than appropriation bills are 
usually read for amendment by section.
    Where a bill is being read for amendment by titles, an amendment in 
the nature of a substitute may be offered after title I of the original 
text has been read for amendment, after the first section preceding 
title I (if there is such a preliminary section), or at the conclusion 
of the consideration of the final title of the bill.

Sec. 25.3 Form of resolution providing that a committee amendment in 
    the nature of a substitute be read as an original bill by titles 
    rather than by sections.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Jan. 31, 1964: (18)
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18. H. Res. 616, 110 Cong. Rec. 1511, 88th 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 (H.R. 7152) to enforce the constitutional right to 
    vote, to confer jurisdiction upon the district courts of the United 
    States to provide injunctive relief against discrimination in 
    public accommodations, to authorize the Attorney General to 
    institute suits to protect constitutional rights in education, to 
    establish a Community Relations Service, to extend for four years 
    the Commission on Civil Rights, to prevent discrimination in 
    federally assisted programs, to establish a Commission on Equal 
    Employment Opportunity, and for other purposes, and all

[[Page 4281]]

    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 ten 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 points of order the substitute amendment 
    recommended by the Committee on the Judiciary now printed in the 
    bill, and such substitute for the purpose of amendment shall be 
    considered under the five-minute rule as an original bill, and 
    shall be read by titles instead of by sections. It shall also be in 
    order to consider, without the intervention of any point of order, 
    the text of the bill H.R. 980, 88th Congress, as an amendment to 
    the said committee substitute amendment. At the conclusion of such 
    consideration 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, with or without 
    instructions.

Reading of Bill Waived

Sec. 25.4 Form of ``closed rule'' resolution waiving the reading of a 
    bill for amendment and permitting committee amendments only to be 
    offered to any part of the bill.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Feb. 14, 1934: (19)
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19. H. Res. 266, 78 Cong. Rec. 2503, 73d 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 H.R. 7835, a bill to provide revenue, equalize taxation, 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 shall continue not to exceed 16 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 
    considered as having been read for amendment. No amendment shall be 
    in order to said bill 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. Amendments 
    offered by direction of the Committee on Ways and Means may be 
    offered to any section of the bill at the conclusion of the general 
    debate, but said amendments 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 consid

[[Page 4282]]

    ered as ordered on the bill and amendments thereto to final passage 
    without intervening motion except one motion to recommit, with or 
    without instructions.

Sec. 25.5 Form of resolution providing for consideration of a bill in 
    Committee of the Whole, providing that the bill shall be considered 
    as having been read for amendment, and providing that no amendments 
    be in order.

    The following resolution, reported from the Committee on Rules, was 
under consideration on June 26, 1947: (1)
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 1. H. Res. 262, 93 Cong Rec. 7723, 80th 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 consideration of 
    the bill (H.R. 3961) to provide increases in the rates of pension 
    payable to Spanish-American War and Civil War veterans and their 
    dependents, 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 2 hours, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Veterans' Affairs, the bill shall be considered as 
    having been read. No amendment shall be in order to the said bill. 
    At the conclusion of the general debate, the Committee shall rise 
    and report the bill to the House and the previous question shall be 
    considered as ordered on the bill to final passage without 
    intervening motion, except one motion to recommit.

Sec. 25.6 Form of resolution closing general debate on a bill in 
    Committee of the Whole, providing that the bill be considered as 
    having been read for amendment, and limiting the duration of the 
    five-minute debate to an hour and a half.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Apr. 17, 1936: (2)
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 2. 80 Cong. Rec. 5634, 74th Cong. 2d Sess.
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                            House Resolution 489

        Resolved, That immediately upon the adoption of this resolution 
    the House shall resolve itself into the Committee of the Whole 
    House on the State of the Union for the consideration of H.R. 
    11563, a bill declaring an emergency in the housing condition in 
    the District of Columbia; creating a Rent Commission for the 
    District of Columbia; prescribing powers and duties of the 
    commission, and for other purposes; and all points of order against 
    said bill are hereby waived. General debate on said bill shall be 
    considered as closed, and the bill shall be considered as having 
    been read the second time. Amendments may be offered to any section 
    of the bill, but debate under the 5-minute

[[Page 4283]]

    rule shall be closed within one hour and a half. 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 the amendments thereto to final passage 
    without intervening motion, except one motion to recommit with or 
    without instructions.

    Parliamentarian's Note: The intent of the provision in this special 
order for waiving the ``second reading'' of the bill was to consider 
the bill as having been read and open to amendment at any point under 
the five-minute rule.

Sec. 25.7 Form of resolution providing that the bill and committee 
    amendment in the nature of a substitute be considered as read and 
    permitting only committee amendments to the bill or amendment in 
    the nature of a substitute.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Mar. 4, 1964: (3)
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 3. H. Res. 643, 110 Cong. Rec. 4307, 4308 88th 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 (H.R. 8000) to amend the Internal Revenue Code of 1954 
    to impose a tax on acquisitions of certain foreign securities in 
    order to equalize costs of longer term financing in the United 
    States and in markets abroad, 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 three 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 considered as having been read for 
    amendment. It shall be in order to consider without the 
    intervention of any point of order the substitute amendment 
    recommended by the Committee on Ways and Means now in the bill and 
    such substitute shall be considered as having been read for 
    amendment and shall be considered as an original bill for purposes 
    of amendment under the fiveminute rule. No other amendment to the 
    bill or committee substitute shall be in order 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 such amendments shall not be subject to 
    amendment. At the conclusion of such consideration, 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.

Reading Bill in Entirety

Sec. 25.8 Form of special rule providing for the consideration

[[Page 4284]]

    of a bill in the Committee of the Whole and directing that in the 
    consideration of the bill under the five-minute rule the bill 
    should be read in its entirety, following which amendments should 
    be in order to any paragraph.

    The following resolution, reported from the Committee on Rules, was 
under consideration on Aug. 22, 1935:

        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. 8455, a bill authorizing the construction of 
    certain public works on rivers and harbors for flood control, and 
    for other purposes. That after general debate, which shall be 
    confined to the bill and continue not to exceed 1 hour, to be 
    equally divided and controlled by the chairman and ranking minority 
    member of the Committee on Flood Control, the bill in its entirety 
    shall be read for amendment, following which amendments shall be in 
    order to any paragraph of the bill, and such amendments shall be 
    considered under the 5-minute rule. 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, with or without 
    instructions.(4)
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 4. H. Res. 349, 79 Cong. Rec. 14151, 74th Cong. 1st Sess.
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Sec. 25.9 Where a special rule provided for the reading of a bill in 
    its entirety, it was held in order following debate under the five-
    minute rule to move to close debate on the bill and all amendments 
    thereto.

    On Aug. 22, 1935, the Committee of the Whole was considering H.R. 
8455, a bill providing public works on rivers and harbors, pursuant to 
a special order (H. Res. 349) which provided in part as follows:

        . . . That after general debate, which shall be confined to the 
    bill and continue not to exceed 1 hour, to be equally divided and 
    controlled by the chairman and ranking minority member of the 
    Committee on Flood Control, the bill in its entirety shall be read 
    for amendment, following which amendments shall be in order to any 
    paragraph of the bill, and such amendments shall be considered 
    under the 5-minute rule.(5)
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 5. 79 Cong. Rec. 14151, 74th Cong. 1st Sess.
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    Following some debate in Committee of the Whole under the five-
minute rule, a motion to close debate was offered:

        Mr. [Jack] Nichols [of Oklahoma]: Mr. Chairman, I move that all 
    debate

[[Page 4285]]

    on this bill and all amendments thereto close in 30 minutes.
        The Chairman: (6) The gentleman from Oklahoma [Mr. 
    Nichols] moves that all debate on the bill and all amendments 
    thereto close in 30 minutes.
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 6. Claude A. Fuller (Ark.).
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        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against that motion.
        The Chairman: The Chair will hear the gentleman.
        Mr. Taber: Mr. Chairman, such a motion is only in order when a 
    bill is being read by sections and after an amendment has been 
    offered. The motion is not in order at this stage.
        The Chairman: The rule provided for the reading of the entire 
    bill, and the Chair holds that the motion of the gentleman from 
    Oklahoma is in order.(7)
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 7. 79 Cong. Rec. 14192, 14193, 74th Cong. 1st Sess.
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Reading Committee Amendment in Nature of Substitute as Original Bill or 
    Resolution for Amendment

Sec. 25.10 Form of resolution providing that, during consideration of a 
    House resolution on the House Calendar, a committee amendment in 
    the nature of a substitute be read as an original resolution for 
    amendment.

    The following resolution was under consideration on Dec. 3, 1970: 
(8)
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 8. 116 Cong. Rec. 39846, 91st Cong. 2d Sess.
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                                H. Res. 1272

        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 resolution (H. Res. 1147) relating to certain allowances of 
    Members, officers, and standing committees of the House of 
    Representatives, and for other purposes. After general debate, 
    which shall be confined to the resolution and shall continue not to 
    exceed one hour, to be equally divided and controlled by the 
    chairman and ranking minority member of the Committee on House 
    Administration, the resolution 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 House Administration as an original resolution for the 
    purpose of amendment under the five-minute rule, and all points of 
    order against sections 2(a) and 3(a) of said substitute are hereby 
    waived. At the conclusion of such consideration, the Committee 
    shall rise and report the resolution 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 resolution or to the committee 
    amendment in the nature of a substitute. The previous question 
    shall be considered as ordered on the resolution and amendments 
    thereto to final passage without intervening motion except one 
    motion to recommit [with] or without instructions.

Sec. 25.11 Form of resolution providing, on a bill managed by

[[Page 4286]]

    two committees, that one committee's amendment in the nature of a 
    substitute be read as an original bill for amendment (part 
    ``open'', part ``closed'').

    The following resolution was under consideration on Sept. 23, 1970: 
(9)
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 9. 116 Cong. Rec. 33296, 91st Cong. 2d Sess.
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                                H. Res. 1216

        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, 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 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 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.

Sec. 25.12 Where a bill is being considered under a rule providing that 
    a committee substitute shall be read as an original bill for 
    amendment, the Clerk reads the substitute by sections as the text 
    to be perfected by amendment; and if said substitute,

[[Page 4287]]

    as amended, is rejected in Committee of the Whole, the original 
    bill is read by section for amendment.

    On July 10, 1941, the Committee of the Whole concluded general 
debate on S. 1524 (deferment under Selective Training and Service Act), 
where the bill was being considered pursuant to a special order 
providing that the committee amendment in the nature of a substitute be 
read as an original bill for amendment (H. Res. 243). Chairman Schuyler 
Otis Bland, of Virginia, answered parliamentary inquiries on reading 
for amendment: (10)
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10. 87 Cong. Rec. 5962, 77th Cong. 1st Sess.
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        The Chairman: All time has expired. The Clerk will read.
        The Clerk read as follows:

            Be it enacted, etc., That section 5(e) of the Selective 
        Training and Service Act of 1940 is amended by adding at the 
        end thereof the following:
            ``Anything in this act to the contrary notwithstanding, the 
        President is authorized, under such rules and regulations as he 
        may prescribe, to provide for the deferment from training and 
        service under this act in the land and naval forces of the 
        United States of the men who, on the 1st day of July 1941, or 
        on the 1st day of July of any subsequent year, (1) are liable 
        for such training and service, (2) have not been inducted into 
        the land or naval forces for such training and service, and (3) 
        have attained the twenty-eighth anniversary of the day of their 
        birth.''

        The Chairman: Pursuant to the resolution, the Clerk will now 
    read the House substitute as an original bill, reading it by 
    sections for amendment.
        Mr. [William P.] Cole [Jr. of Maryland: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Cole of Maryland: I understand that at the conclusion of 
    the reading of each section of the committee substitute that 
    particular section will be subject to amendment.
        The Chairman: The gentleman is correct.
        Mr. [R. Ewing] Thomason [of Texas]: A parliamentary inquiry, 
    Mr. Chairman.
        The Chairman: The gentleman will state it.
        Mr. Thomason: Am I correct in understanding that the substitute 
    offered by the House committee to the Senate bill will now be read 
    and will be subject to amendment by sections?
        The Chairman: That is correct.
        Mr. Thomason: Further, that after the committee substitute has 
    been read and amended, if it should be amended, the question will 
    then recur upon the adoption of the committee substitute as 
    amended.
        The Chairman: That is correct.
        Mr. Thomason: Assuming that after the committee substitute has 
    been amended and is submitted to the Committee for a vote, the 
    committee substitute is voted down, would the Senate bill then be 
    read for amendment?
        The Chairman: Then the Senate bill would be considered section 
    by section, subject to amendment.
        Mr. Thomason: If we went back to the Senate bill.

[[Page 4288]]

        The Chairman: That is correct.
        Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Marcantonio: In the event that the House bill is agreed to 
    by the Committee, then will the House have an opportunity to vote 
    on the House bill as a separate amendment after the Committee 
    rises?
        The Chairman: If it is agreed to by the Committee, it will be 
    reported back to the House as an amendment, and a vote in the House 
    may be had on that amendment.

    Parliamentarian's Note: Although the Chair directed the Clerk to 
read the first paragraph of the original bill before reading the first 
section of the substitute, that is no longer the practice when an 
amendment in the nature of a substitute is read as an original bill.

Sec. 25.13 Where a bill consists of only one section, and is reported 
    from committee with a single section amendment in the nature of a 
    substitute, it is unnecessary to specify, in a resolution providing 
    for the consideration of the bill, for reading the amendment as an 
    original bill, for in the absence of such a provision, the bill is 
    read by the Clerk when general debate is concluded and the 
    committee amendment is then reported; both the bill and the 
    amendment are thus pending and open for amendment when 
    consideration under the five-minute rule begins (although the 
    committee amendment is not considered as original text for the 
    purpose of offering amendments).

    On July 17, 1969,(11) the House adopted the following 
special order, where the bill therein provided for, and the committee 
amendment in the nature of a substitute, consisted of only one section:
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11. 115 Cong. Rec. 19905, 91st Cong. 1st Sess.
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                                H. Res. 476

        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. 7491) to clarify the liability of national 
    banks for certain taxes. After general debate which shall be 
    confined to the bill and shall continue not to exceed one hour, 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. 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

[[Page 4289]]

    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 now printed in the bill. 
    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 instruction.

    At the conclusion of general debate in Committee of the Whole, the 
reading for amendment proceeded as follows (Chairman Richard H. Ichord, 
of Missouri, presiding):(12)
---------------------------------------------------------------------------
12. Id. at p. 19913.
---------------------------------------------------------------------------

        The Chairman: There being no further requests for time, the 
    Clerk will read.
        The Clerk read as follows:

            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled,
            Section 1. A national bank has no immunity from any sales 
        tax, use tax, or personal property tax which it would be 
        required to pay if it were a bank chartered under the laws of 
        the State or other jurisdiction within which its principal 
        offlce is located.

        The Chairman: The Clerk will report the committee amendment.
        The Clerk read as follows:

            Committee amendment: Strike out all after the enacting 
        clause and insert in lieu thereof the following:
            ``Sec. 1. Amendment of section 5219 of the Revised 
        Statutes.
            `` `(a) Section 5219 of the Revised Statutes (12 U.S.C. 
        548) is amended to read:
            `` `Sec. 5219. For the purposes of any tax law enacted 
        under authority of the United States or any State, a national 
        bank shall be deemed to be a bank organized and existing under 
        the laws of the State or other jurisdiction within which its 
        principal office is located.'
            ``(b) The amendment made by subsection (a) becomes 
        effective on the first day of the first calendar year which 
        begins after the date of enactment.''

        Mr. [Garry E.] Brown of Michigan: Mr. Chairman, I offer an 
    amendment to the committee amendment.

Sec. 25.14 Where a committee amendment in the nature of a substitute 
    was being considered as an original bill under a special procedure 
    permitting points of order to be ``properly raised against any 
    title, part or section . . . within the jurisdiction of any other 
    standing committee,'' the Chair indicated, in response to a 
    parliamentary inquiry, that if the pending title of the substitute 
    were considered as read and the Committee then rose, points of 
    order could be made prior to amendments being offered to that title 
    or debate thereon when the committee resumed consideration of the 
    bill.

[[Page 4290]]

    On Oct. 27, 1971,(13) the House adopted House Resolution 
661, providing for the consideration of H.R. 7248 (to amend the Higher 
Education Act and for other purposes). The resolution contained a 
provision allowing points of order to be raised against the committee 
substitute:
---------------------------------------------------------------------------
13. 117 Cong. Rec. 37765, 37766, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        . . . It shall be in order to consider the amendment in the 
    nature of a substitute recommended by the Committee on Education 
    and Labor 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 7, rule XVI and clause 4, rule XXI 
    are hereby waived, and further, all titles, parts, or sections of 
    the said substitute, the subject matter of which is properly within 
    the jurisdiction of any other standing committee of the House of 
    Representatives, shall be subject to a point of order for such 
    reason if such point of order is properly raised during the 
    consideration of H.R. 7248. s

    While the bill was being considered for amendment in Committee of 
the Whole, Chairman James C. Wright, Jr., of Texas, answered an inquiry 
on raising such points of order if the committee should rise after 
agreement that a pending title be considered as read and open to 
amendment: (14)
---------------------------------------------------------------------------
14. 117 Cong. Rec. 38079, 38080, 92d Cong. 1st Sess., Oct. 28 1971.
---------------------------------------------------------------------------

        Mrs. [Edith S.] Green of Oregon (during the reading): Mr. 
    Chairman, I ask unanimous consent that title VIII be considered as 
    read, printed in the Record, and open to amendment at any point.
        The Chairman: Is there objection to the request of the 
    gentlewoman from Oregon?
        There was no objection.
    Mrs. Green of Oregon: Mr. Chairman, I move that the committee do 
now rise.

        Mr. [Durwood G.] Hall [of Missouri]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Hall: Mr. Chairman, will points of order lie against the 
    title if we now rise, when we resume consideration next week?
        The Chairman: Points of order will be in order against matter 
    contained in title VIII if they are timely offered and made prior 
    to any further action of the committee on the pending title.
        Mr. Hall: I thank the Chair.

Offering Amendments to Committee Amendment in Nature of Substitute.

Sec. 25.15 Where, pursuant to a special rule, a committee amendment in 
    the nature of a substitute, printed in the bill, is being read as 
    original text for the purpose of amendment, there may be pending to 
    that text (1) an amendment in the nature of a substitute, (2) a 
    substitute

[[Page 4291]]

    therefor, and (3) amendments to both the amendment and the 
    substitute; and the portion of the original text (of the committee 
    amendment in the nature of a substitute) which was pending, when 
    the amendment in the nature of a substitute was offered thereto, is 
    also open to amendment.

    On Apr. 23, 1969, title I of a committee amendment in the nature of 
a substitute had been read for amendment pursuant to the provisions of 
a special order adopted by the House, providing that said committee 
amendment be read by titles as an original bill for amendment (H. Res. 
366). There were pending to the committee amendment an amendment (in 
the nature of a substitute) and a substitute amendment therefor. 
Chairman Charles M. Price, of Illinois, answered parliamentary 
inquiries on possible pending amendments: (15)
---------------------------------------------------------------------------
15. 115 Cong. Rec. 10066, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman: For what purpose does the gentleman from Illinois 
    (Mr. Erlenborn) rise?
        Mr. [John N.] Erlenborn: To make a parliamentary inquiry, Mr. 
    Chairman.
        The Chairman: The gentleman will state it.
        Mr. Erlenborn: Mr. Chairman, is the Perkins substitute 
    amendment open to amendment at this point?
        The Chairman: It is.
        Mr. Erlenborn: And is the Green of Oregon amendment in the 
    nature of a substitute open to amendment at this point?
        The Chairman: It is.
        Mr. Erlenborn: So both are open to amendment at this point?
        The Chairman: The gentleman is correct.
        Mr. Erlenborn: A further parliamentary inquiry, Mr. Chairman.
        The Chairman: The gentleman will state it.
        Mr. Erlenborn: Should the Perkins substitute amendment be voted 
    upon and adopted, would it then be subject to amendment?
        The Chairman: No, it would not.
        Mr. Erlenborn: If the Perkins substitute amendment is voted 
    upon and rejected, would the Green of Oregon amendment in the 
    nature of a substitute then be open to amendment?
        The Chairman: It would be.
        Mr. Erlenborn: A further parliamentary inquiry, Mr. Chairman.
        The Chairman: The gentleman will state it.
        Mr. Erlenborn: Is title I of H.R. 514 subject to amendment at 
    this time?
        The Chairman: It is.

    Parliamentarian's Note: Where, pursuant to a special resolution 
providing for its consideration, a bill (or committee amendment in the 
nature of a substitute) is being read for amendment by ti

[[Page 4292]]

tles, an amendment in the nature of a substitute for the whole bill is 
properly offered after title I of the original text (or a section 1 
preceding title I, if there is one) has been read for amendment.
    In this case, the Green amendment in the nature of a substitute had 
been properly offered after title I of the committee amendment in the 
nature of a substitute had been read. As indicated by the Chair, title 
I of the committee amendment in the nature of a substitute was also 
open to amendment (to an amendment, a substitute thereor, and a 
perfecting amendment to each of those). In such a situation, eight 
amendments may conceivably be pending simultaneously, and perfecting 
amendments to the pending original text (title I of the committee 
amendment) take precedence.

Sec. 25.16 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 an amendment in the 
    nature of 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 when only section 1 of the committee amendment had been 
    read, 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.

    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 con-sideration 
    of the bill (H.R. 17070) to improve and modernize the postal 
    service, to reorganize the Post Office 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

[[Page 4293]]

    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.(16)
---------------------------------------------------------------------------
16. 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 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.

[[Page 4294]]

        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.(17)
---------------------------------------------------------------------------
17. Id. at p. 19838.
---------------------------------------------------------------------------

Sec. 25.17 Where a bill was being considered in Committee of the Whole 
    under a special procedure making in order the text of another bill 
    as an amendment in the nature of a substitute immediately after the 
    reading of the enacting clause (but not providing for reading of 
    said substitute as an original bill for amendment), the Chair 
    indicated: (1) that the entire amendment in the nature of a 
    substitute would be read and then open to amendment at any point; 
    (2) that the Chair would first recognize members of the committee 
    reporting the bill in order of seniority thereon, alternating 
    between majority and minority sides, to offer amendments; (3) that 
    the Chair would not, in his discretion, entertain a unanimous-
    consent request that said substitute be read for amendment by 
    sections where the special order adopted by the House did not so 
    provide; (4) that recognition to offer an amendment specifically 
    made in order to said substitute would be governed by precedents 
    relating to recognition where the special order did not attach a 
    priority to that amendment; and (5) that amendments changing 
    amendments already adopted to said substitute might not be in 
    order, although adoption of an amendment to a section of said 
    substitute would not necessarily preclude the offering of further 
    amendments to that section.

    On Dec. 12, 1973,(18) Mr. Gillis W. Long, of Louisiana, 
offered, by direction of the Committee on Rules, and the House adopted 
a special order providing for the consideration of the ``Energy 
Emergency Act.'' The resolution made in order the text of another bill 
as an amendment in the nature of a substitute but did not provide that 
it be read as an original bill for the purpose of amend
---------------------------------------------------------------------------
18. 119 Cong. Rec. 41105-14, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

[[Page 4295]]

ment. The resolution also made in order the text of another bill as an 
amendment to the amendment in the nature of a substitute:

                                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 in Committee of the Whole, 
Harley O. Staggers, of West Virginia, Chairman of the Committee on 
Interstate and Foreign Commerce which had reported the bill, offered 
the text of H.R. 11882 as an amendment in the nature of a substitute, 
as provided in the special order. When he asked unanimous consent that 
the amendment be considered as read, printed in the Record, and open to 
amendment at any point, and the request was objected to, Chairman 
Richard Bolling, of Missouri, answered a series of parliamentary 
inquiries on the procedure for offering amendments under the provisions 
of the special order. The Chair first answered an inquiry as to when 
amendments could be offered to the amendment in the nature of a 
substitute:

        Mr. [James T.] Broyhill of North Carolina: Mr. Chairman, my 
    parliamentary inquiry is this: Does that mean that after the entire 
    text of the bill has been read that amendments referring to any 
    place in the bill would be in order?
        The Chairman: The Chair will state that that is correct.
        Mr. Broyhill of North Carolina: Mr. Chairman, a further 
    parliamentary inquiry.

[[Page 4296]]

        The Chairman: The gentleman will state his further 
    parliamentary inquiry.
        Mr. Broyhill of North Carolina: Mr. Chairman, does that mean 
    that amendments to sections as they are read may not be offered at 
    that time?
        The Chairman: The Chair will state that the whole of the text 
    of the amendment in the nature of a substitute will be read before 
    any amendments are in order. It is one amendment. When that is 
    done, when the entire amendment in the nature of a substitute has 
    been read, that is, the entire text of H.R. 11882 has been read, 
    then amendments will be in order to all of the text.
        The Chair will further state that the Chair will attempt to 
    deal with the problem of amendments when that time arrives, and 
    will attempt to do so in an orderly fashion.(19)
---------------------------------------------------------------------------
19. Id. at p. 41153.
---------------------------------------------------------------------------

    The Chair then answered an inquiry as to recognition to offer 
amendments to the amendment in the nature of a substitute:

        Mr. Broyhill of North Carolina: Mr. Chairman, a further 
    parliamentary inquiry, or perhaps this is not a parliamentary 
    inquiry, but I would ask the Chairman if there is any way in which 
    we can have an orderly procedure for the offering of amendments, 
    starting at the first part of the amendment in the nature of a 
    substitute, and going through the bill, rather than jumping over 
    the whole bill for amendment purposes?
        The Chairman: The Chair will state that the Chair, with the 
    cooperation of the Members, will attempt to achieve that purpose. 
    The Chair will say that if permitted by the Membership to do so, 
    that the Chair proposes to bring order into the situation by 
    following the usual custom of recognizing the members of the 
    committee alternately, from one side to the other, more or less in 
    their order on the committee.(1)
---------------------------------------------------------------------------
 1. Id. at pp. 41153, 41154.
---------------------------------------------------------------------------

    The Chair then indicated that he did not consider it appropriate to 
entertain a unanimous-consent request, that the amendment in the nature 
of a substitute be read for amendment by section, where the special 
order did not so provide:

        Mr. Broyhill of North Carolina: Mr. Chairman, reserving the 
    right to object, would it be in order to read the first title and 
    then open the first title to amendment and complete that before 
    going on?

        The Chairman: Not under the rule adopted by the House under 
    which the Committee is now operating. The rule adopted by the House 
    is clear. The text of the amendment in the nature of a substitute, 
    that being the bill H.R. 11882, has to be read in full. . . .
        Mr. [H.R.] Gross [of Iowa]: I would ask the Chairman whether 
    there could be some understanding that those who offer amendments 
    will be recognized as we go along, rather than to recognize members 
    of the committee exclusively? So that we can go through this bill 
    in some kind of an orderly fashion, instead of going to section 
    103, and then to the Lord knows what the last section of the bill 
    may be? Could there be

[[Page 4297]]

    some understanding that they could be recognized in that fashion?
        Mr. Staggers: Of course, it is within the power of the Chairman 
    who is presiding, but I would ask unanimous consent that we amend 
    the bill section by section as we go along, saying that each 
    section is open for amendment at any point.
        The Chairman: The Chair would have to state that he is afraid 
    that that is not a proper request at this time. The rule that was 
    adopted by the House provides for a procedure, and while most 
    Members feel that any unanimous consent request will do anything, 
    the Chair has a charge from the House, simply by being the Chair, 
    to protect the Rules of the House. The Chair has stated the way in 
    which he will try to provide for an orderly procedure, but the rule 
    provides for a procedure, and brineine order out of that procedure 
    will have to be within the rule.(2)
---------------------------------------------------------------------------
 2. Id. at p. 41154.
---------------------------------------------------------------------------

    Priority of recognition to offer amendments to the amendment in the 
nature of a substitute was discussed:

        Mr. [Jonathan B.] Bingham [of New York]: Mr. Chairman, would it 
    be in order for the Chairman to recognize Members offering 
    amendments in the order in which those amendments appear in the 
    amendment in the nature of a substitute. If he is advised, for 
    example, that an amendment is to be offered to section 3 by the 
    gentleman from North Carolina, will he give priority to that 
    gentleman, and to the extent that the Chair is advised as to which 
    sections amendments apply, will he follow the order of the sections 
    in recognizing Members? Would that be in order?
        The Chairman: The Chairman can say that there is a solution 
    that might achieve that result. A great many of the amendments 
    already at the desk are from those who would be recognized first--
    members of the committee. If the members of the committee will 
    proceed by self-discipline in that fashion, the situation will then 
    work out. The only solution that the Chair can see is for the 
    members of the committee who have amendments to the first part of 
    the first title to rise first, and the rest not rise, and proceed 
    in that fashion.
        The Chair recognizes the situation.
        Mr. Bingham: Mr. Chairman, I have a further parliamentary 
    inquiry. If the Chair is advised that nonmembers of the committee 
    have amendments to early sections, would he be free to recognize 
    nonmembers of the committee before recognizing other members of the 
    committee for amendments to a later section?
        The Chairman: The custom of the House, and the almost unfailing 
    custom of the House, is to recognize members of the committee, 
    alternating sides from the majority to the minority. The Chair does 
    not propose to discuss the philosophy of that custom, but that is 
    the custom.(3)
---------------------------------------------------------------------------
 3. Id.
---------------------------------------------------------------------------

    In relation to the amendment made in order to the amendment in the 
nature of a substitute by the special order, the Chair indicated the 
priority of recognition to offer that amendment:

[[Page 4298]]

        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 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.(4)
---------------------------------------------------------------------------
 4. Id.
---------------------------------------------------------------------------

    The Chair also responded to inquiries as to the possibility of 
offering amendments to sections which had already been changed by 
amendment:

        Mr. [John T.] Myers [of Indiana]: Mr. Chairman, under the rule 
    we are operating on now, later tonight when there is consideration 
    of the amendment to the later sections of the bill, would it still 
    be in order to recognize somebody for amendment of an earlier 
    section which had been already passed over?
        The Chairman: We could not amend text that had been amended but 
    an unamended portion would still be open to amendment.
        Mr. Broyhill of North Carolina: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Broyhill of North Carolina: Mr. Chairman, would that mean 
    another amendment to another part of that section would not be in 
    order?
        The Chairman: The gentleman is getting the Chair into a 
    position where he cannot answer a theoretical question because 
    there are so many different variations. If under the rules of the 
    House a particular section would still be in an amendable 
    condition, the Chair would have to recognize a Member to offer a 
    proper amendment. It might be a situation where the amendment would 
    have been amended and it would not be in order to further amend it. 
    The Chair cannot project all the different variations and 
    possibilities and must meet them as they arise. . . .
        There is no special treatment involved here. The general rules 
    provide for certain procedures. For example, one rule is that if a 
    section is amended by a complete substitute, it is not subject to 
    further amendment. But we are operating under the rules of the 
    House and if there is a section that is amendable it will continue 
    to be amendable until the final process is over, but there are 
    certain circumstances under which a section having been amended is 
    no longer amendable. That would be the general limitation, but we 
    are going to operate under the general rules of the House in as 
    orderly a fashion as the Chairman and the Members of the House are 
    capable of producing.(5)
---------------------------------------------------------------------------
 5. Id. at pp. 41154, 41155.
---------------------------------------------------------------------------

[[Page 4299]]