[Deschler's Precedents, Volume 9, Chapter 27]
[Chapter 27. Amendments]
[B. When To Offer Amendment; Reading For Amendment]
[Â§ 10. Amendments to Bills Being Read by Title]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 6828-6837]
 
                               CHAPTER 27
 
                               Amendments
 
           B. WHEN TO OFFER AMENDMENT; READING FOR AMENDMENT
 
Sec. 10. Amendments to Bills Being Read by Title

Committee Amendments Considered First

Sec. 10.1 Where a bill is read for amendment by titles, committee 
    amendments to a pending title are first considered before the Chair 
    recognizes Members to offer additional amendments.

    On Nov. 11, 1971,(10) the Committee of the Whole had 
under consideration a bill (H.R. 11341) reported from the Committee on 
the District of Columbia:
---------------------------------------------------------------------------
10. 117 Cong. Rec. 40593, 40594, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman: (11) the Clerk will read.
---------------------------------------------------------------------------
11. John J. McFall (Calif.).
---------------------------------------------------------------------------

        The Clerk read as follows:

                                   TITLE VII

                               general provisions

            Sec. 701. (a) The Commissioner of the District of Columbia 
        is authorized and empowered, in his discretion, for the best 
        interests of the District of Columbia, to sell and convey, in 
        whole or in part, to the highest bidder, at public or private 
        sale, for not less than the fair market value thereof, certain 
        real estate now owned in fee simple by the United States of 
        America. . . .

        The Chairman: The Clerk will report the first committee 
    amendment to this title.
        The Clerk read as follows:

            Committee amendment. On page 10, line 14, strike out ``3-
        216'' and insert in lieu thereof ``3-215''.

        Mr. [Lawrence J.] Hogan [of Maryland]: Mr. Chairman, I have an 
    amendment at page 8.
        The Chairman: The Chair would ask the gentleman whether it is 
    an amendment to the committee amendment or to the section.
        Mr. Hogan: It is to section 7, Mr. Chairman.
        The Chairman: If the gentleman will allow the Chair to dispose 
    of all the committee amendments to the section, then the 
    gentleman's amendment will be in order at that time.

Amendment Offered to Title Not Yet Read

Sec. 10.2 When a bill is being read by titles, an amendment to a title 
    that has not been read is not in order.

    On Aug. 9, 1966,(12) the following proceedings took 
place:
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12. 112 Cong. Rec. 18728, 89th Cong. 2d Sess. Under consideration was 
        H.R. 14765 (Committee on the Judiciary).

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

[[Page 6829]]

        The Chairman: (13) As the Chair understands the 
    reading of the amendment, this is, in fact, an amendment to title 
    VIII, to add a new section, line 3, to title VIII?
---------------------------------------------------------------------------
13. Richard Bolling (Mo.).
---------------------------------------------------------------------------

        Mr. [Charles McC.] Mathias [Jr., of Maryland]: Mr. Chairman, 
    this is a substitute for title VIII and renumbers the existing 
    title VIII. Page 2 of the amendment says to renumber the following 
    section accordingly.
        The Chairman: The Chair believes that it should be offered 
    after title VIII has been read.

Amendment to Title Passed in Reading

Sec. 10.3 Where a bill is being read by titles, an amendment may not be 
    offered to a title that has been passed by the Clerk's reading of 
    the following one.

    On Feb. 6, 1964,(14) the following proceedings took 
place:
---------------------------------------------------------------------------
14. 110 Cong. Rec. 2290, 2291, 88th Cong. 2d Sess. Under consideration 
        was H.R. 7152 (Committee on the Judiciary).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Page 55, line 12:

                      Title V--Commission on Civil Rights

            ``Sec. 501. Section 102 of the Civil Rights Act ----.''

        Mr. [Emanuel] Celler [of New York]: Mr. Chairman, there is a 
    committee amendment at the desk to title IV.
        The Chairman: (15) No one offered the amendment. 
    Without objection. . . .
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15. Eugene J. Keogh (N.Y.).
---------------------------------------------------------------------------

        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, reserving the right 
    to object, to what title of the bill does the amendment go?
        The Chairman: Title IV. . . .
        Objection is heard.
        The Clerk will read.
        The Clerk read as follows:

                      Title V--Commission on Civil Rights

            Sec. 501. Section 102 of the Civil Rights Act of 1957 (42 
        U.S.C. 1975a; 71 Stat. 634) is amended to read as follows: . . 
        .

    Parliamentarian's Note: In reading a bill for amendment under the 
five-minute rule by title, pursuant to the resolution making the bill 
in order, a title is not passed until the reading of the next title has 
begun.

Sec. 10.4 Where a bill is being read by titles, return to a previous 
    title for purposes of offering an amendment is by unanimous 
    consent.

    For an example of the application of this principle, see the 
proceedings of Feb. 6, 1964, discussed in Sec. 10.3, supra.

Sections Preceding First Title

Sec. 10.5 Where a bill, pursuant to a special order, is being read

[[Page 6830]]

    by titles for amendment and a section (the short title) precedes 
    title I, the section is considered as the first title for purpose 
    of amendment, and amendments to title I are not in order until 
    title I has actually been read.

    An example of the proposition described above occurred on May 8, 
1980,(16) during consideration of S. 1309, the Food Stamp 
Amendments of 1980. The proceedings in the Committee of the Whole were 
as follows:
---------------------------------------------------------------------------
16. 126 Cong. Rec. 10421, 96th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: (17) When the Committee of the Whole 
    rose on Wednesday, May 7, section 1 had been considered as having 
    been read and open to amendment at any point. It shall be in order 
    to consider an amendment to title I of said substitute printed in 
    the Congressional Record on April 30, 1980, and said amendment 
    shall not be subject to amendment except for the offering of pro 
    forma amendments for the purpose of debate. No further amendments 
    are in order which further change or affect the Internal Revenue 
    Code. . . .
---------------------------------------------------------------------------
17. Paul Simon (Ill.).
---------------------------------------------------------------------------

        Are there any amendments to section 1?
        Mr. [Steven D.] Symms [of Idaho]: Mr. Chairman, I offer an 
    amendment.
        The Chairman: The gentleman from Idaho has an amendment to 
    section 1. This is the short title of the bill.
        Mr. Symms: It is on page 24, Mr. Chairman.
        The Chairman: The Chair doubts that that is an amendment to 
    section 1. The amendment of the gentleman from Idaho (Mr. Symms) is 
    not to section 1, but to title I.
        The Clerk will read title I.

Sec. 10.6 Where a bill being read by title pursuant to a special rule 
    contains several sections preceding the first title, those sections 
    are read separately for amendment in the absence of unanimous 
    consent that they be read en bloc.

    On Oct. 9, 1975,(18) the Committee of the Whole having 
under consideration a bill (19) pursuant to a special rule 
as described above, the following proceedings occurred:
---------------------------------------------------------------------------
18. 121 Cong. Rec. 32575, 32576, 94th Cong. 1st Sess.
19. H.R. 200, Marine Fisheries Conservation Act of 1975.
---------------------------------------------------------------------------

        The Chairman: (20). . . Pursuant to the rule, the 
    Clerk will now read by title the substitute committee amendment 
    printed in the reported bill as an original bill, for the purpose 
    of amendment.
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20. Neal Smith (Iowa).
---------------------------------------------------------------------------

        The Clerk read as follows:

                                    H.R. 200

            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled,

[[Page 6831]]

        Section 1. Short Title.

            This Act may be cited as the ``Marine Fisheries 
        Conservation Act of 1975''.
        Sec. 2. Congressional Findings, Policy, and Purposes.

            (a) Findings.--The Congress finds and declares the 
        following:
            (1) Coastal species of fish which inhabit the waters 
        adjacent to the United States . . . constitute an irreplaceable 
        resource which contribute to the food supply and economy of the 
        Nation as well as to the health and recreation of its people. . 
        . .

        Mr. [Leonor K.] Sullivan [of Missouri]: Mr. Chairman, I ask 
    unanimous consent that the bill be considered as read by title, 
    printed in the Record, and open to amendment at any point. . . .
        Mr. [Bob] Eckhardt [of Texas]: Mr. Chairman, reserving the 
    right to object, I merely want to understand what is meant here. 
    Title I seems to start on page 16.
        The Chairman: As I understand the request, it was as to the 
    first three sections preceding title I.
        Mr. Eckhardt: That they would be read by section?
        The Chairman: The gentlewoman is asking unanimous consent that 
    they be considered as read.
        Mr. Eckhardt: That they be considered as read and then read by 
    title?
        The Chairman: The gentleman is correct.
        Mr. Eckhardt: Mr. Chairman, I withdraw my reservation of 
    objection.
        The Chairman: Is there objection to the request of the 
    gentlewoman from Missouri?
        There was no objection.

Sec. 10.7 Where a committee amendment in the nature of a substitute is 
    being read for amendment by titles instead of sections, and title I 
    of that substitute is preceded by several sections, the Clerk reads 
    those sections separately for amendment before title I is read.

    On Aug. 17, 1972, (21) the following proceedings took 
place:
---------------------------------------------------------------------------
21. 118 Cong. Rec. 28870, 92d Cong. 2d Sess. Under consideration was 
        H.R. 13915 (Committee on Education and Labor).
---------------------------------------------------------------------------

        The Chairman: (22) Pursuant to the rule, the Clerk 
    will now read by titles instead of by sections the committee 
    amendment in the nature of a substitute printed in the bill as an 
    original bill for the purpose of amendment.
---------------------------------------------------------------------------
22. Morris K. Udall (Ariz.).
---------------------------------------------------------------------------

        The Clerk read as follows: Be it enacted by the Senate and 
    House of Representatives of the United States of America in 
    Congress assembled, That this Act may be cited as the ``Equal 
    Educational Opportunities Act of 1972''.

                               Policy and Purpose

            Sec. 2. (a) The Congress declares it to be the policy of 
        the United States that--
            (1) all children enrolled in public schools are entitled to 
        equal educational opportunity.

    A similar principle was applied in the proceedings of Aug. 2, 
1977.(23) On that date, where a

[[Page 6832]]

bill (1) was, pursuant to a special order, being considered 
for amendment by ``parts'', and several sections preceded part I, each 
of those sections was considered as a separate part for the purpose of 
the special order:
---------------------------------------------------------------------------
23. 123 Cong. Rec. 26124, 26125, 95th Cong 1st Sess.
 1. H.R. 8444, National Energy Act.
---------------------------------------------------------------------------

        [T]he House resolved itself into the Committee of the Whole 
    House on the State of the Union for the further consideration of 
    the bill H.R. 8444, with Mr. Boland in the chair.
        The Clerk read the title of the bill.
        The Chairman: (2) When the Committee rose on Monday, 
    August 1, 1977, all time for general debate had expired.
---------------------------------------------------------------------------
 2. Edward P. Boland (Mass.).
---------------------------------------------------------------------------

        Pursuant to the rule, the bill is considered by parts and each 
    part is considered as having been read for amendment. No amendment 
    shall be in order except pro forma amendments and amendments made 
    in order pursuant to House Resolution 727, which will not be 
    subject to amendment, except amendments recommended by the ad hoc 
    Committee on Energy and amendments made in order under House 
    Resolution 727. . . .
        The Clerk will designate the part of the bill now pending for 
    consideration.
        The Clerk read as follows:

            Page 9, line 1, section 2. (Section 2 reads as follows:)

               Sec. 2. Findings and Statement of Purposes. . . .

        Mr. [Harold L.] Volkmer [of Missouri]: Mr. Chairman, so I will 
    know how we are going to proceed, are we going to go through the 
    bill section by section, with the reading of each section?
        The Chairman: The Chair will inform the gentleman that the bill 
    will be considered part by part with each part considered as read. 
    The bill will not be read section by section.
        Mr. Volkmer: So we will continue, Mr. Chairman, with the 
    reading of each section or part, then, and the title of the 
    section?
        The Chairman: The Chair will further inform the gentleman that 
    section 4 precedes part I, and after that section has been disposed 
    of, we will move to part I of the bill. We have been considering 
    the preliminary four sections as separate parts.

Sec. 10.8 Where a committee amendment in the nature of a substitute is 
    being read as an original bill for amendment by titles instead of 
    by sections, and title I of that substitute is preceded by several 
    sections, the Clerk reads those sections separately for amendment 
    before title I is read.

        On Sept. 8, 1976,(3) the Committee of the Whole 
    having under consideration H.R. 10498,(4) Mr. James T. 
    Broyhill, of North Carolina, inquired about the procedure for 
    reading for amendment the committee amendment in the na

[[Page 6833]]

    ture of a substitute. The proceedings were as follows:
---------------------------------------------------------------------------
 3. 122 Cong. Rec. 29216, 29217, 94th Cong. 2d Sess.
 4. The Clean Air Act Amendments of 1976.
---------------------------------------------------------------------------

        The Chairman: (5) When the Committee rose on 
    Thursday, September 2, 1976, all time for general debate on the 
    bill had expired.
---------------------------------------------------------------------------
 5. J. Edward Roush (Ind.).
---------------------------------------------------------------------------

        Pursuant to the rule, the Clerk will now read by titles the 
    substitute committee amendment recommended by the Committee on 
    Interstate and Foreign Commerce, now printed in the reported bill 
    as an original bill, for the purpose of amendment. . . .
        Mr. Broyhill: Mr. Chairman, it was my understanding of the 
    parliamentary situation that section 1 and section 2 would be read 
    prior to the reading of title I.
        The Chairman: The gentleman is correct. The Clerk will read 
    section 1.
        The Clerk read as follows:

            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled,

                       short title and table of contents

            Section 1. This Act, together with the following table of 
        contents, may be cited as the ``Clean Air Act Amendments of 
        1976''.

                               table of contents
        Sec. 1. Short title and table of contents.
        Sec. 2. Authorizations.

        The Chairman: Are there amendments to section 1? If not, the 
    Clerk will read section 2.
        The Clerk read as follows:

                                 authorizations

            Sec. 2. (a) Section 316 of the Clean Air Act (42 U.S.C. 
        18571) is amended by striking out ``and $300,000,000'' and 
        inserting in lieu thereof `$300,000,000' and by striking out 
        the period at the end thereof and substituting the following: 
        ``, $175,000,000 for the fiscal year 1976.''

    Parliamentarian's Note: Under the above procedure, an amendment in 
the nature of a substitute for the entire bill would have been in order 
after section 1 was read for amendment.

Amendment in Nature of Substitute Offered After First Section Read

Sec. 10.9 Where a bill (or an amendment in the nature of a substitute 
    being considered as original text) is being read by titles for 
    amendment, and several sections precede title I, an amendment in 
    the nature of a substitute may be offered after the reading of the 
    first section (which is considered a separate title).

    In the proceedings described below, which occurred on May 18, 1978, 
(6) the Committee of the Whole had under consideration House 
Resolution 39, the Alaska National Interest Conservation Lands Act of 
1978. An amendment in the nature of a substitute (the Leggett 
amendment) was of

[[Page 6834]]

fered which, pursuant to House Resolution 1186, agreed to the previous 
day, was to be read for amendment under the five-minute rule as an 
original bill by title. To such amendment, an amendment in the nature 
of a substitute (the ``Meeds amendment'') was subsequently offered.
---------------------------------------------------------------------------
 6. 124 Cong. Rec. 14391, 14394, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Robert L.] Leggett [of California]: Mr. Chairman, I offer 
    an amendment in the nature of a substitute, the text of H.R. 12625.
        The Chairman: (7) The Clerk will read the amendment 
    in the nature of a substitute by titles.
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 7. Paul Simon (Ill.).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Amendment in the nature of a substitute offered by Mr. 
        Leggett: Strike out all after the enacting clause and insert in 
        lieu thereof the following:

        Be it enacted by the Senate and House of Representatives of the 
    United States of America in Congress assembled,

                       SHORT TITLE AND TABLE OF CONTENTS

            Section 1. This Act, together with the following table of 
        contents, may be cited as the Alaska National Interest Lands 
        Conservation Act''.

                               table of contents

            Sec. 1. Short title and table of contents. . . .

        Mr. [Lloyd] Meeds [of Washington]: Mr. Chairman, I offer an 
    amendment in the nature of a substitute.
        The Clerk read as follows:

            Amendment in the nature of a substitute offered by Mr. 
        Meeds:
            Strike all after the enacting clause and insert:
        This Act, together with the following table of contents, shall 
        be cited as the ``Alaska National Interest Lands Conservation 
        Act''.

            Sec. 1. Short title and table of contents.

Entire Title Read Before Amendment

Sec. 10.10 Where pursuant to a special rule a bill is being read for 
    amendment by titles instead of by sections, no amendment to the 
    pending title, including pro forma amendments, can be offered until 
    the entire title is read or its reading dispensed with by unanimous 
    consent.

    On Sept. 10, 1976,(8) During consideration of H.R. 10498 
(9) in the Committee of the Whole, the Chair (10) 
responded to a parliamentary inquiry regarding the offering of 
amendments as described above. The proceedings were as indicated below:
---------------------------------------------------------------------------
 8. 122 Cong. Rec. 29724, 29732, 94th Cong. 2d Sess.
 9. The Clean Air Act Amendments of 1976.
10. J. Edward Roush (Ind.).
---------------------------------------------------------------------------

        The Chairman: When the Committee rose on Thursday, September 9, 
    1976, the Clerk had read through line 19 on page 236.

[[Page 6835]]

        The Clerk will read title II. . . .
        Mr. [James T.] Broyhill [of North Carolina]: Mr. Chairman, is 
    it not a fact that no amendments can be offered to this title until 
    the entire title is read?
        The Chairman: The gentleman is correct. . . .
        Mr. [Tim Lee] Carter [of Kentucky]: Mr. Chairman, I move to 
    strike the last word.
        The Chairman: The Chair would advise the gentleman that this 
    request is not in order during the reading of the title.
        Mr. Carter: Mr. Chairman, I ask unanimous consent that this 
    title be considered as read, printed in the Record, and open to 
    amendment at any point.

Amendment Adding New Title

Sec. 10.11 The Chair may decline recognition to offer an amendment 
    adding a new title to a bill until all amendments to the pending 
    title have been disposed of.

    On Mar. 16, 1978,(11) the Committee of the Whole having 
under consideration H.R. 50,(12) the above-stated 
proposition was illustrated as indicated below:
---------------------------------------------------------------------------
11. 124 Cong. Rec. 7333-36, 95th Cong. 2d Sess.
12. Full Employment and Balanced Growth Act of 1978.
---------------------------------------------------------------------------

        Mr. [Robert E.] Bauman [of Maryland]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Bauman: On page 106 add the 
        following new title:

                                ``Title V. . . .

        The Chairman Pro Tempore: Before the Chair would entertain this 
    amendment, the Chair would like to know if there are other 
    amendments to title IV?
        Mr. [Clarence] Long of Maryland: Mr. Chairman, I wish to offer 
    an amendment.
        The Chairman Pro Tempore: The Chair would like to advise the 
    gentleman from Maryland (Mr. Bauman) if his amendment were accepted 
    at this time it would cut off the additional amendments. Would the 
    gentleman withhold? . . .
        The Chairman would like to state to the gentleman that the 
    Chair should have inquired of the gentleman from Maryland (Mr. 
    Bauman) as to the nature of his amendment before extending 
    recognition.

    [Mr. Bauman withdrew his amendment by unanimous consent.]

Sec. 10.12 An amendment adding a new title to a bill being read for 
    amendment by titles may not be offered until the preceding title 
    has been read for amendment, and may not be offered after the first 
    title (or section preceding the first title) only has been read, 
    unless the proposition to add a new title is con

[[Page 6836]]

    tained in a properly drafted amendment in the nature of a 
    substitute which strikes out all after the enacting clause and 
    inserts an entirely new text for the bill.

    On May 8, 1980,(13) the Committee of the Whole having 
under consideration S. 1309,(14) the above-stated 
proposition was illustrated as indicated below:
---------------------------------------------------------------------------
13. 126 Cong. Rec. 10421, 96th Cong. 2d Sess.
14. The Food Stamp Amendments of 1980.
---------------------------------------------------------------------------

        The Chairman: (15) When the Committee of the Whole 
    rose on Wednesday, May 7, section 1 had been considered as having 
    been read and open to amendment at any point. It shall be in order 
    to consider an amendment to title I of said substitute printed in 
    the Congressional Record on April 30, 1980, and said amendment 
    shall not be subject to amendment except for the offering of pro 
    forma amendments for the purpose of debate. No further amendments 
    are in order which further change or affect the Internal Revenue 
    Code.
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15. Paul Simon (Ill.).
---------------------------------------------------------------------------

        Are there any amendments to section 1?
        Mr. [Robert S.] Walker [of Pennsylvania]: Mr. Chairman, I offer 
    an amendment in the nature of a substitute.
        The Clerk read as follows:

            Amendment in the nature of a substitute offered by Mr. 
        Walker: Page 39, after line 22 insert the following new title:

        Mr. Walker (during the reading): Mr. Chairman, I ask unanimous 
    consent that the amendment be considered as read and printed in the 
    Record.
        The Chairman: Is there objection to the request of the 
    gentleman from Pennsylvania?
        There was no objection. . . .
        The Chairman: The gentleman will suspend for just a moment. The 
    Chair is advised by the Parliamentarian that the gentleman has not 
    offered a proper amendment in the nature of a substitute here. An 
    amendment in the nature of a substitute would strike everything 
    after the enacting clause. This is an amendment adding a new title 
    III.
        Mr. Walker: Mr. Chairman, it was my understanding that the 
    amendment was prepared in the form of a substitute.
        The Chairman: The amendment at the desk is not prepared in that 
    form, the Chair is advised. When the committee reaches title II, 
    the first part of the gentleman's amendment would be in order. The 
    Chair will rule that the amendment is not pending at this time.

--Effect of Adoption

Sec. 10.13 Adoption of an amendment adding a new title to a bill being 
    read by titles precludes further amendment to the preceding title.

    On Mar. 16, 1978,(16) during consideration of H.R. 50 
(17) in the

[[Page 6837]]

Committee of the Whole, an amendment adding a new title to the bill was 
offered which prompted an exchange as indicated below:
---------------------------------------------------------------------------
16. 124 Cong. Rec. 7333-36, 95th Cong. 2d Sess.
17. Full Employment and Balanced Growth Act of 1978.
---------------------------------------------------------------------------

        Mr. [Robert E.] Bauman [of Maryland]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Bauman: On page 106 add the 
        following new title:

                                ``Title V. . . .

        The Chairman Pro Tempore: Before the Chair would entertain this 
    amendment, the Chair would like to know if there are other 
    amendments to title IV?
        Mr. [Clarence] Long of Maryland: Mr. Chairman, I wish to offer 
    an amendment.
        The Chairman Pro Tempore: The Chair would like to advise the 
    gentleman from Maryland (Mr. Bauman) if his amendment were accepted 
    at this time it would cut off the additional amendments. Would the 
    gentleman withhold? . . .
        Mr. Bauman: [B]efore making that judgment, the gentleman from 
    Minnesota who has a substitute for the entire bill would still be 
    in order; would he not?
        The Chairman Pro Tempore: The gentleman is correct on that. . . 
    .
        Mr. Bauman: . . . I withdraw my amendment in deference to the 
    gentleman from Maryland (Mr. Long).
        The Chairman Pro Tempore: Without objection the gentleman from 
    Maryland (Mr. Bauman) withdraws his amendment.