[Deschler's Precedents, Volume 9, Chapter 27]
[Chapter 27. Amendments]
[B. When To Offer Amendment; Reading For Amendment]
[Â§ 12. Amendments in Nature of Substitute for Several Paragraphs or Entire Bill]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 6854-6882]
 
                               CHAPTER 27
 
                               Amendments
 
           B. WHEN TO OFFER AMENDMENT; READING FOR AMENDMENT
 
Sec. 12. Amendments in Nature of Substitute for Several Paragraphs or 
    Entire Bill

    An amendment in the nature of a substitute, which is offered to the 
text of a bill, generally replaces the entire bill. The term is 
sometimes, less accurately, used to describe a motion to strike out and 
insert a substantial portion, such as an entire section or title, of a 
pending bill. It should be distinguished from a substitute amendment, 
which is merely a substitute for another amendment that has been 
offered.(3)
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 3. For a general description of the nature and purposes of an 
        amendment in the nature of a substitute, see Sec. 1, supra.
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    Frequently, as by special rule, an amendment in the nature of a 
substitute may be considered as an original text for purposes of 
amendment; in such cases, the amendment in the nature of a substitute 
is not considered an ``amendment'' for purposes of the limitation 
described above (4) with

[[Page 6855]]

respect to the number of amendments that may be pending at one time.
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 4. See Sec. 5, 6, supra.
            Where a rule provides for consideration of a committee 
        substitute as an original bill for amendment, such substitute 
        is read by paragraphs for amendment, at the conclusion of which 
        the question is on agreeing to the substitute or the substitute 
        as amended for the bill; if the substitute is voted down, the 
        original bill is then read for amendment. See Sec. 7.44, supra.
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    An amendment in the nature of a substitute is basically, in form, a 
motion to strike out and insert. It may, for example, propose to strike 
all after the enacting clause of a bill and insert substitute 
provisions. Thus, an amendment in the nature of a substitute for a 
pending bill may be offered after the first section is read and is then 
open to amendment in its entirety.(5)
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 5. See 81 Cong. Rec. 6185, 6186, 75th Cong. 1st Sess., June 22, 1937.
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    It has also been said that when a bill is being read for amendment 
by titles pursuant to a special rule providing for its consideration, 
an amendment in the nature of a substitute for the whole bill may be 
offered after the first title of the original text has been read for 
amendment.(6) In fact, where a bill is being read for 
amendment by titles, an amendment in the nature of a substitute for the 
entire bill may be offered after the ``short title'' of the bill is 
read (which is normally a separate section of the bill preceding title 
I) or at the conclusion of the reading of the whole bill. Of course, 
where a committee amendment proposing a new title I is offered as a 
perfecting amendment to the bill immediately after the Clerk begins to 
read the bill for amendment, the offering of an amendment in the nature 
of a substitute for the whole bill must be deferred pending the vote on 
the perfecting amendment adding the new title I.(7)
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 6. 115 Cong. Rec. 10066, 91st Cong. 1st Sess., Apr. 23, 1969.
 7. See 116 Cong. Rec. 27197, 91st Cong. 2d Sess., Aug. 4, 1970; and 
        116 Cong. Rec. 27476-79, 91st Cong. 2d Sess., Aug. 5, 1970.
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    There is early authority for the proposition that amendments in the 
nature of a substitute for an entire bill are in order at the beginning 
of the bill only if notice is given that, if the amendment is agreed 
to, subsequent motions to strike out the remaining sections or 
paragraphs of the bill will be offered as each section or paragraph is 
read. A review of more recent proceedings, however, indicates that the 
requirement is no longer rigidly applied; and, therefore, that when an 
amendment in the nature of a substitute is offered at the end of the 
reading of the first section of the bill, notice of motions to strike 
out subsequent sections need not be given.(8)
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 8. See, for example, 119 Cong. Rec. 18336, 93d Cong. 1st Sess., June 
        6, 1973, proceedings relating to an amendment in the nature of 
        a substitute offered by Mr. John N. Erlenborn (Ill.) to H.R. 
        7935 (Fair Labor Standards amendments of 1973).
            See also 119 Cong. Rec. 18161, 93d Cong. 1st Sess., June 5, 
        1973, where, in response to a parliamentary inquiry the 
        Chairman indicated that an amendment in the nature of a 
        substitute for an entire bill could be offered following the 
        reading of the first section of the bill for amendment.

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[[Page 6856]]

    An amendment in the nature of a substitute is read in its entirety 
before amendments to it are in order.(9)
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 9. See 96 Cong. Rec. 2218, 2219, 81st Cong. 2d Sess., Feb. 22, 1950 
        (proceedings relating to an amendment offered by Mr. Samuel K. 
        McConnell, Jr., [Pa.] to the Fair Employment Practices 
        Act).                          -------------------
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When in Order

Sec. 12.1 Where a bill is being read by paragraphs, an amendment in the 
    nature of a substitute for an entire bill may be offered after the 
    first paragraph has been read or after the reading of the bill for 
    amendment has concluded.

    On June 29, 1939, during consideration of the Neutrality Act of 
1939(10) an amendment was offered, as follows:
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10. H.J. Res. 306.
            See the proceedings at 84 Cong. Rec. 8288, 76th Cong. 1st 
        Sess.
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        The Clerk read as follows:

            Amendment offered by Mr. [Robert G.] Allen of Pennsylvania: 
        Page 2, line 1, strike out all of section 1 and insert in lieu 
        thereof the following as a substitute for the joint resolution: 
        . . .

                ``repeal of neutrality acts of 1935, 1936, 1937

            ``The act of August 31, 1935 (Public Res. No. 67, 74th 
        Cong.), as amended by the act of February 29, 1936 (Public Res. 
        No. 74, 74th Cong.), and the act of May 1, 1937 (Public Res. 
        No. 27, 75th Cong.), and the act of January 8, 1937 (Public 
        Res. No. 1, 75th Cong.), are hereby repealed.''

    In response to a point of order made by Mr. Hamilton Fish, Jr., of 
New York, that the amendment was improperly offered at that point in 
the proceedings, Mr. Allen stated:

        Mr. Chairman, it is my understanding that it is in 
    parliamentary order to offer a substitute either after the first 
    paragraph of the bill has been read or after the entire bill has 
    been read. If my amendment is adopted I intend to offer amendments 
    throughout the reading of the remainder of the bill striking out 
    the various paragraphs as they are read.

The Chairman,(11) in overruling the point of order, stated:
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11. Jere Cooper (Tenn.).
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        . . . [T]he Chair invites attention to section 2905 of volume 
    VIII of Cannon's Precedents of the House which state:

[[Page 6857]]

            A substitute for an entire bill may be offered only after 
        the first paragraph has been read or after the reading of the 
        bill for amendment has been concluded.(12)
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12. The Allen amendment was rejected. See 84 Cong. Rec. 8311, 76th 
        Cong. 1st Sess.
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Sec. 12.2 An amendment in the nature of a substitute is in order after 
    the first section of the bill has been read for amendment.

    On Mar. 20, 1978,(13) during consideration of H.R. 7700 
(14) in the Committee of the Whole, the Chair stated that 
pursuant to the rule under which the bill was being considered, an 
amendment in the nature of a substitute would be in order after the 
first section of the bill had been read:
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13. 124 Cong. Rec. 7558, 7559, 95th Cong. 2d Sess.
14. The Postal Service Act of 1977.
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        The Chairman: (15) Pursuant to the rule, it shall be 
    in order to consider an amendment printed in the Congressional 
    Record of March 14, 1978, by Representative Hanley of New York if 
    offered as an amendment in the nature of a substitute for the bill, 
    said substitute shall be read for amendment under the 5-minute rule 
    as an original bill, and all points of order against said 
    substitute for failure to comply with the provisions of clause 7, 
    rule XVI, are hereby waived.
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15. Edward W. Pattison (N.Y.).
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        At the appropriate time the Chair will recognize the gentleman 
    from New York (Mr. Hanley) to offer his amendment.
        At this time the Clerk will read.
        The Clerk read as follows:

            Section 1. This Act may be cited as the Postal Service Act 
        of 1977''.

        Mr. [James M.] Hanley [of New York]: Mr. Chairman, pursuant to 
    the rule, I offer an amendment in the nature of a substitute for 
    the bill.
        The Chairman: The Clerk will report the amendment by sections.
        The Clerk read as follows:

            Strike out all after the enacting clause and insert in lieu 
        thereof the following:
            That this Act may be cited as the ``Postal Service Act of 
        1978.''

Sec. 12.3 An amendment in the nature of a substitute may be offered 
    after the reading of the first section of a bill being read by 
    section for amendment, or at any time when the bill is considered 
    as having been read for amendment.

    On Mar. 29, 1977,(16) during consideration of H.R. 5045 
(17) in the Committee of the Whole, the proceedings, 
described above, were as follows:
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16. 123 Cong. Rec. 9353, 9355, 95th Cong. 1st Sess.
17. The Reorganization Act of 1977.
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        The Chairman: (18) There being no further requests 
    for time, the Clerk will read.
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18. James M. Hanley (N.Y.).

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[[Page 6858]]

        The Clerk read as follows:

                                   H.R. 5045

            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 ``Reorganization Act of 1977''. . . .

        Mr. [Robert S.] Walker [of Pennsylvania]: Mr. Chairman, I offer 
    an amendment in the nature of a substitute.
        Mr. [Jack] Brooks [of Texas]: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state the parliamentary 
    inquiry.
        Mr. Brooks: Mr. Chairman, would the Clerk read the two 
    committee amendments and get the committee amendments adopted 
    before we go into other amendments from the floor?
        The Chairman: That portion of the bill has not yet been read.
        Mr. Brooks: Mr. Chairman, I ask unanimous consent that the bill 
    be considered as read, printed in the Record, and open to amendment 
    at any point and that we take up the two committee amendments and 
    then at any point in the bill other amendments would be eligible 
    for presentation.
        The Chairman: Is there objection to the request of the 
    gentleman from Texas?
        There was no objection.

                            committee amendments

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

            Committee amendments: Page 13, line 3, strike out 
        ``903(d)'' and insert in lieu thereof ``903(c)''. . . .

        The committee amendments were agreed to.

       amendment in the nature of a substitute offered by mr. walker

        Mr. Walker: 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: Strike out all after the enacting clause and insert in 
        lieu thereof, the following:
        That this Act may be cited as the ``Reorganization Act 
        Amendments of 1977''.

Sec. 12.4 An amendment in the nature of a substitute for an entire bill 
    is in order following the reading of the final section of the bill.

    On July 19, 1973,(19) the following proceedings took 
place:
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19. 119 Cong. Rec. 24922, 93d Cong. 1st Sess. Under consideration was 
        H.R. 8860.
---------------------------------------------------------------------------

        The Clerk read as follows:

             Sec. 7. This Act may be cited as the ``Agriculture and 
        Consumer Protection Act of 1973''. . . .

        Mr. [William L.] Foley [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. 
        Foley: Strike out all after the enacting clause and substitute 
        the following: . . .

[[Page 6859]]

        Mr. [Charles M.] Teague of California: Mr. Chairman, is not the 
    offering of this amendment premature at this time? As I understand, 
    the gentleman from Washington has offered an entirely new bill. 
    Perhaps I misunderstood him. As I understand, he offered a 
    substitute for the present bill. . . .
        The Chairman: (20) The Chair would like to advise 
    the gentleman from California that the Clerk has read the final 
    section of the bill, section 7. The amendment offered by the 
    gentleman from Washington is in order.
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20. William H. Natcher (Ky.).
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Sec. 12.5 In response to a parliamentary inquiry, the Chairman 
    indicated that an amendment in the nature of a substitute for the 
    entire bill (an appropriation measure) could be offered at the 
    conclusion of the reading of the bill for amendment.

    On Apr. 14, 1970,(21) the following proceedings took 
place:
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21. 116 Cong. Rec. 11649, 91st Cong. 2d Sess. Under consideration was 
        H.R. 16916.
---------------------------------------------------------------------------

        Mr. [James G.] O'Hara [of Michigan]: Mr. Chairman, I would like 
    to inquire of the Chairman on behalf of the Members who had 
    amendments which they sought to offer earlier, but were unable to 
    do so, if it is not possible for a substitute for the entire bill 
    to be offered at the completion of the reading of the bill so that 
    they could combine their amendments in that substitute if they 
    wished to do so?
        The Chairman: (1) The Chair will state that the 
    Chair is inclined to believe that a substitute is always in order 
    at the proper time unless there is a portion of the rule which 
    prohibits the substitute. And the Chair would entertain a proper 
    amendment if offered at the proper time.
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 1. Chet Holifield (Calif.).
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Sec. 12.6 An amendment in the nature of a substitute may be offered for 
    a bill (or for an amendment being considered as original text) 
    after the reading thereof has been completed, if another amendment 
    in the nature of a substitute has not been previously adopted.

    In the proceedings described below, which occurred on May 18, 
1978,(2) the Committee of the Whole had under consideration 
H.R. 39, the Alaska National Interest Conservation Lands Act of 1978. 
An amendment in the nature of a substitute (the Leggett amendment) was 
offered 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.
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 2. 124 Cong. Rec. 14391, 14394, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Robert L.] Leggett [of California]: Mr. Chairman, I offer 
    an

[[Page 6860]]

    amendment in the nature of a substitute, the text of H.R. 12625.
        The Chairman: (3) The Clerk will read the amendment 
    in the nature of a substitute by titles.
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 3. Paul Simon (Ill.).
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        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. . . .

        Mr. [Morris K.] Udall [of Arizona]: . . . The script we have 
    put together here was that when section 1 of the Leggett amendment, 
    the consensus substitute, was read, the gentleman from Washington 
    (Mr. Meeds) would offer his substitute, but that I would offer a 
    substitute for the Meeds amendment, and we would then have 
    foreclosed these nongermane things that we have been talking about. 
    But it would also be understood that both sides, the Meeds and the 
    Udall substitutes, would be open. . . .
        Mr. [Robert E.] Bauman [of Maryland]: Mr. Chairman, I have a 
    parliamentary inquiry. . . .
        At that point have we gotten into amendments in the third 
    degree, or would amendments to both the pending substitutes be in 
    order?
        The Chairman: Perfecting amendments to the Meeds amendment if 
    offered or amendments to a substitute thereto would be in order.
        Mr. Bauman: But no further amendments in the nature of a 
    substitute would be in order at that point?
        The Chairman: That is correct. . . .
        Mr. Udall: Mr. Chairman, would a unanimous-consent request be 
    in order that under the proceedings under the 5-minute rule no 
    additional substitute amendment for the entire bill would be in 
    order, unless it were germane to H.R. 39 or to the Meeds 
    substitute?
        In that case, I would not have to offer the substitute, my 
    substitute, and we can vote up or down on the Meeds amendment. . . 
    .
        The Chairman: The Chair will respond to the point raised by the 
    gentleman from Arizona (Mr. Udall) in his parliamentary inquiry. 
    The Chair is advised that the Committee of the Whole cannot amend 
    the rule by unanimous consent.
        Mr. [Lloyd] Meeds [of Washington]: Mr. Chairman, perhaps I can 
    solve the dilemma by promising that I will offer my substitute at 
    the end of the reading. I can do that and I will put that in the 
    form of a parliamentary inquiry.
        At the end of all debate I can change one word and reoffer the 
    amendment as a substitute, I believe. I will put that in the form 
    of a parliamentary inquiry.
        Mr. [John H.] Rousselot [of California]: Mr. Chairman, 
    reserving the right to object, can the Chair advise us on the 
    suggestion of the gentleman from Washington (Mr. Meeds)?
        The Chairman: That is possible if no other amendment in the 
    nature of a substitute has been adopted in the meantime.

Sec. 12.7 Where under a special rule a bill is being read for amendment 
    by titles and there is no separate section preceding title I, an 
    amendment in the nature of a sub

[[Page 6861]]

    stitute for the entire bill may be offered after the reading of 
    title I.

    On June 3, 1975,(4) during consideration of a bill 
(5) in the Committee of the Whole, an amendment in the 
nature of a substitute for the bill was offered. The proceedings were 
as follows:
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 4. 121 Cong. Rec. 16754, 94th Cong. 1st Sess.
 5. H.R. 6219, the Voting Rights Act extension.
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        The Chairman: (6) . . . Pursuant to the rule, the 
    Clerk will now read the bill by title.
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 6. Richard Bolling (Mo.).
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        The Clerk read as follows:

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

                                    title i

            Sec. 101. Section 4(a) of the Voting Rights Act of 1985 is 
        amended by striking out ``ten'' each time it appears and 
        inserting in lieu thereof ``twenty''.
            Sec. 102. Section 201(a) of the Voting Rights Act of 1965 
        is amended by--
            (1) striking out ``Prior to August 6, 1975, no'' and 
        inserting ``No'' in lieu thereof; and (2) striking out ``as to 
        which the provisions of section 4(a) of this Act are not in 
        effect by reason of determinations made under section 4(b) of 
        this Act.'' and inserting in lieu thereof a period.

        Mr. [Charles E.] Wiggins [of California]: 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. 
        Wiggins: In H.R. 6219 strike out all after the enacting clause 
        and insert in lieu thereof the following: That this Act may be 
        cited as ``The Voting Rights Extension Act of 1975''.

    Parliamentarian's Note: In many instances, a short title section 
(1) precedes the first title of the bill, and an amendment in the 
nature of a substitute is in order following the reading of that 
section and prior to the reading of the first title.

--Where Special Rule Makes Amendment in Order

Sec. 12.8 Where a special order makes in order the consideration of a 
    designated amendment in the nature of a substitute (in lieu of the 
    committee amendments printed in the bill), said substitute may be 
    offered after section one of the original bill is read.

    On Sept. 20, 1978,(7) during consideration of H.R. 
1,(8) in the Committee of the Whole, the situation described 
above occurred as follows:
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 7. 124 Cong. Rec. 30434, 95th Cong. 2d Sess.
 8. The Ethics in Government Act of 1977.

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[[Page 6862]]

        The Chairman: (9) Pursuant to the rule, it shall be 
    in order to consider by titles as an original bill for the purpose 
    of amendment the text of H.R. 13850, in lieu of the amendments now 
    printed in the bill, if offered as an amendment in the nature of a 
    substitute. No amendments to said substitute shall be in order 
    except pro forma amendments for the purpose of debate and 
    amendments printed in the Congressional Record at least 1 
    legislative day prior to their consideration. . . 
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 9. Edward P. Boland (Mass.).
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        Mr. [John M.] Ashbrook [of Ohio]: Mr. Chairman, under the rule 
    and the statement of the Chair, must the committee substitute which 
    appears in the text of H.R. 1 be read first, or is the amendment in 
    the nature of a substitute, H.R. 13850, in order at any point?
        The Chairman: No. The Danielson amendment in the nature of a 
    substitute will be read in lieu of the committee amendment now 
    printed in the bill as a substitute amendment for the original 
    bill. . . .
        The Chairman: The Clerk will read section 1 of the original 
    bill.
        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 ``Ethics in Government Act of 1977''.

        Mr. [George E.] Danielson [of California]: Mr. Chairman, I have 
    an amendment in the nature of a substitute which is made in order 
    by House Resolution 1323, and I offer it as an amendment in the 
    nature of a substitute for the committee amendment to be read by 
    titles under the 5-minute rule as an original bill.
        The Chairman: The Clerk will read by titles the amendment in 
    the nature of a substitute.

    Parliamentarian's Note: In situations like that above, if the 
amendment in the nature of a substitute is offered and adopted, the 
original bill and committee amendments printed therein are not read.

Sec. 12.9 Pursuant to a special rule making in order the text of 
    another bill as original text for amendment if offered as an 
    amendment in the nature of a substitute, the amendment must be 
    offered from the floor after the first section of the original bill 
    is read.

    On July 26, 1978,(10) during consideration of H.R. 3350 
in the Committee of the Whole, the above-stated proposition was 
illustrated as indicated below:
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10. 124 Cong. Rec. 22884, 95th Cong. 2d Sess.
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        The Chairman: (11) . . . Pursuant to the rule, it 
    shall be in order to consider by titles the text of H.R. 12988, if 
    offered as an amendment in the nature of a substitute, as an 
    original bill for the purpose of amendment. No amendment to title 
    IV of said substitute which would change title IV, shall be

[[Page 6863]]

    in order except amendments recommended by the Committee on Ways and 
    Means and an amendment printed in the Congressional Record of June 
    5, 1978, by Representative Stark of California, which amendments 
    shall not be subject to amendment, but it shall be in order to 
    debate said amendments and title IV by the offering of pro forma 
    amendments.
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11. Paul Simon (Ill.).
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        The Clerk will now read section 1 of the original bill H.R. 
    3350, and the Chair will then recognize the gentleman form 
    Louisiana (Mr. Breaux) to offer the amendment in the nature of a 
    substitute.
        The Clerk will read.
        The Clerk read as follows:

        Section 1. Short Title.

            This Act may be cited as the ``Deep Seabed Hard Mineral 
        Resources Act''.

        Mr. [John B.] Breaux [of Louisiana]: Mr. Chairman, I offer an 
    amendment in the nature of a substitute, the text of which is 
    contained in the bill, H.R. 12988, a copy of which is at the desk.
        The Clerk read as follows:

            Amendment in the nature of a substitute offered by Mr. 
        Breaux: Strike out all after the enacting clause and insert:
            Be it enacted by the Senate and House of Representatives of 
        the United States of America in Congress assembled:

        Section 1. Short title.

            Titles I, II, and III of this Act may be cited as the 
        ``Deep Seabed Hard Mineral Resources Act''.

--Second Section Read

Sec. 12.10 In response to a parliamentary inquiry, the Chair stated 
    that an amendment in the nature of a substitute could not be 
    offered after the reading of the second section of the bill.

    On Apr. 23, 1975,(12) the Committee of the Whole having 
under consideration the bill H.R. 6096,(13) aparliamentary 
inquiry was directed to the Chair as indicated below:
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12. 121 Cong. Rec. 11513, 11514, 94th Cong. 1st Sess.
13. Vietnam Humanitarian and Evacuation Assistance Act.
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        The Clerk read as follows:

            Sec. 2. There is authorized to be appropriated to the 
        President for the fiscal year 1975 not to exceed $150,000,000 
        to be used, notwithstanding any other provision of law, on such 
        terms and conditions as the President may deem appropriate for 
        humanitarian assistance to and evacuation programs from South 
        Vietnam.

        Mr. [Richard L.] Ottinger [of New York]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman: (14) The gentleman will state it.
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14. Otis G. Pike (N.Y.).
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        Mr. Ottinger: Mr. Chairman, will the Chair advise whether, at 
    this juncture in the proceedings, the Eckhardt substitute amendment 
    would again be in order?
        The Chairman: Not at this point in the proceedings. The Clerk 
    has read section 2 of the bill. It is now open for amendment, and 
    an amendment is pending. The Eckhardt substitute is not in order at 
    this point.

[[Page 6864]]

    Parliamentarian's Note: An amendment in the nature of a substitute 
for an entire bill may be offered after the reading of the first 
section or after the last section has been read, but is not in order at 
an intermediate stage.

--Where Sections Precede 
    Title I

Sec. 12.11 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,(15) the Committee of the Whole had under consideration 
H.R. 39, the Alaska National Interest Conservation Lands Act of 1978. 
An amendment in the nature of a substitute (the Leggett amendment] was 
offered 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.
---------------------------------------------------------------------------
15. 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: (16) The Clerk will read the amendment 
    in the nature of a substitute by titles.
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16. Paul Simon (Ill.).
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        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''.

[[Page 6865]]

            Sec. 1. Short title and table of contents.

--Where Special Rule Precludes Further Amendment Upon Adoption of 
    Committee Amendment

Sec. 12.12 Under the five-minute rule, an amendment in the nature of a 
    substitute for a bill may ordinarily be offered either after the 
    first section has been read or at the conclusion of reading of the 
    bill; but where a bill is being considered under a special rule 
    precluding further amendment to the bill upon adoption of a 
    committee amendment at the end thereof, an amendment in the nature 
    of a substitute can only be offered after the first section is 
    read, unless the committee amendment is rejected.

    On Sept. 23, 1980,(17) the Committee of the Whole having 
under consideration H.R. 7020,(18) the above-stated 
proposition was illustrated as indicated below:
---------------------------------------------------------------------------
17. 126 Cong. Rec. 26757, 96th Cong. 2d Sess.
18. The Hazardous Waste Containment Act of 1980.
---------------------------------------------------------------------------

        The Chairman: (19) When the Committee of the Whole 
    arose on Friday, September 19, 1980, all time for general debate 
    had expired.
---------------------------------------------------------------------------
19. William H. Natcher (Ky.).
---------------------------------------------------------------------------

        Pursuant to the rule, the substitute committee amendment 
    recommended by the Committee on Interstate and Foreign Commerce now 
    printed in the reported bill shall be considered as an original 
    bill for the purpose of amendment and each section shall be 
    considered as having been read. No amendments to the amendment 
    recommended by the Committee on Ways and Means printed in the bill 
    shall be in order except pro forma amendments for the purpose of 
    debate and following amendments which shall not be amendable except 
    by pro forma amendments: First, the amendments recommended by the 
    Committee on Ways and Means; second, the amendment printed on page 
    H7926 in the Congressional Record of August 25, 1980, by 
    Representative Ullman of Oregon; and third, the amendment to be 
    printed in the Congressional Record of September 5, 1980, by and if 
    offered by, Representative Florio of New Jersey. Upon the adoption 
    of the amendment recommended by the Committee on Ways and Means to 
    the amendment in the nature of a substitute recommended by the 
    Committee on Interstate and Foreign Commerce, and no further 
    amendment to the bill shall be in order. . . .
        Are there any amendments to section 1?. . .
        Mr. [David A.] Stockman [of Michigan]: Mr. Chairman, under the 
    terms of the rule, would a substitute amendment to the entire bill, 
    H.R. 7020, be in order only now, at this point for this bill?
        The Chairman: The Chair would like to advise the gentleman that 
    the

[[Page 6866]]

    gentleman's statement is correct, assuming adoption of the Ways and 
    Means Committee amendment at the conclusion of the reading of the 
    bill for amendment. Under the rule, no further amendments would 
    then be in order.
        Mr. Stockman: Mr. Chairman, I offer an amendment in the nature 
    of a substitute.

    Parliamentarian's Note: After the first section of original text is 
read for amendment under the five-minute rule, an amendment in the 
nature of a substitute may be offered, even if a special order 
governing consideration would prohibit consideration of such an 
amendment at the end of the bill, and even if adoption of such an 
amendment would prohibit the consideration of other perfecting 
amendments specifically made in order by the special order (unless the 
special order specifically prohibits such an amendment from being 
offered at the beginning of the bill or substitute).

Perfecting Amendments to First Section Take Precedence

Sec. 12.13 An amendment in the nature of a substitute is ordinarily 
    offered after the reading of the first section of a bill being read 
    by sections, prior to committee amendments adding new sections; 
    however, where a bill consists of one section and is therefore open 
    to amendment at any point when read, committee amendments adding 
    new sections are considered perfecting amendments and are disposed 
    of prior to the offering of amendments in the nature of a 
    substitute.

    On Nov. 7, 1975,(20) the Committee of the Whole having 
under consideration H.R. 6346,(1) the Chair ruled as 
described above. The proceedings were as follows:
---------------------------------------------------------------------------
20. 121 Cong. Rec. 35525, 35526, 94th Cong. 1st Sess.
 1. Rural Development Act amendments.
---------------------------------------------------------------------------

        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 
        subsection (a) of section 503 of the Rural Development Act of 
        1972 (7 U.S.C. 2663(a)) is amended by striking the word 
        ``and'', and changing the period at the end thereof to a comma, 
        and adding the following: ``not to exceed $5,000,000 for the 
        period July 1, 1976, through September 30, 1976, and not to 
        exceed $20,000,000 for each fiscal year thereafter.

        Mr. [Charles] Rose [of North Carolina] (during the reading): 
    Mr. Chairman, I ask unanimous consent that the bill be considered 
    as read, printed in the Record, and open to amendment at any point.
        The Chairman: (2) Is there objection to the request 
    of the gentleman from North Carolina?
---------------------------------------------------------------------------
 2. Tom Bevill (Ala.).

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

[[Page 6867]]

        There was no objection.
        Mr. [Keith G.] Sebelius [of Kansas]: Mr. Chairman, I have an 
    amendment in the nature of a substitute at the desk.
        The Chairman: First we will have the Clerk report the committee 
    amendments.
        The Clerk will report the first committee amendment.
        The Clerk read as follows:

            Committee amendment: Page 1, line 8, strike the word 
        ``each'' and insert in lieu thereof the word ``the'', and in 
        line 9, strike the word ``thereafter'' and insert in lieu 
        thereof the words ``ending September 30, 1977''.

        The committee amendment was agreed to.
        The Chairman: The Clerk will report the next committee 
    amendment. . . .
        Mr. Sebelius: Mr. Chairman, I make a point of order that I have 
    an amendment in the nature of a substitute at the desk, and that 
    that takes precedence at this time over the committee amendments.
        The Chairman: The Chair rules that the bill, consisting of one 
    section, has been read and that the committee amendments are 
    perfecting amendments and, therefore, take precedence over any 
    amendment in the nature of a substitute.

    Parliamentarian's Note: With a bill consisting of several sections, 
an amendment in the nature of a substitute should be offered after the 
reading of the first section and following disposition of perfecting 
amendments to the first section; but if a committee amendment adding a 
new section two were permitted to be considered first in that context, 
its adoption would preclude offering an amendment in the nature of a 
substitute until the end of the bill (since the first section of the 
bill would no longer be subject to amendment and a new section two 
would be inserted).

Amendments Offered After Debate Concluded

Sec. 12.14 An amendment in the nature of a substitute for an entire 
    bill may be offered after the reading of the bill for amendment has 
    been concluded even though debate on all amendments to the bill has 
    been concluded.

    On Aug. 25, 1949,(3) the following proceedings took 
place:
---------------------------------------------------------------------------
 3. 95 Cong. Rec. 12258, 12269, 81st Cong. 1st Sess. Under 
        consideration was H.R. 6070, to amend the National Housing Act.
---------------------------------------------------------------------------

        The Chairman: (4) On yesterday, August 24, the 
    Committee agreed that the bill be considered as read and that all 
    debate on the bill and all amendments thereto close at 3 o'clock. 
    Under that agreement, debate has been concluded.
---------------------------------------------------------------------------
 4. Mike Mansfield (Mont.).
---------------------------------------------------------------------------

        Are there further amendments to the bill?
        Mr. [Brent] Spence [of Kentucky]: Mr. Chairman, I offer a 
    committee substitute for the bill. . . .

[[Page 6868]]

        Mr. [Adam C.] Powell [of New York]: Can a substitute be offered 
    which was not on the Clerk's desk prior to the close of debate 
    yesterday?
        The Chairman: Yes; it can. . . .
        Mr. [Andrew J.] Biemiller [of Wisconsin]: In that event, 
    amendments to the substitute would also be in order?
        The Chairman: They would be. Of course, there will be no debate 
    on them.

Substitute Deleting or Retaining Prior Amendments

Sec. 12.15 An amendment in the nature of a substitute for an entire 
    bill may be offered after the reading of such bill for amendment 
    has been concluded and is in order, if germane, regardless of 
    whether it includes or excludes language stricken from the bill or 
    inserted when read for amendment.

    On June 30, 1939,(5) the following proceedings took 
place:
---------------------------------------------------------------------------
 5. 84 Cong. Rec. 8502-05, 76th Cong. 1st Sess. Under consideration was 
        H.J. Res. 306, the Neutrality Act of 1939.
---------------------------------------------------------------------------

        Mr. [Hamilton] Fish [Jr., of New York]: I state, Mr. Chairman, 
    that the gentleman from Texas [Mr. Johnson] has offered an entirely 
    new bill after the conclusion of the consideration of the bill 
    before the committee and that this practice undoes everything the 
    committee has already done. . . . [The committee] has put in 
    certain amendments after due consideration. Those amendments are 
    taken out, as I understand the parliamentary situation, by the 
    substitute or the entirely new bill offered now by the gentleman 
    from Texas. . . .
        The Chairman: (6) . . . The gentleman from Texas 
    offered a substitute to strike out all after the enacting clause of 
    the pending resolution and insert a new provision.
---------------------------------------------------------------------------
 6. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

        The gentleman from New York made a point of order against the 
    substitute. . . . The Chair feels, of course, that he is bound by 
    the precedents of the House of Representatives and the decisions 
    heretofore rendered, and upon the ground included in the decision 
    cited by the gentleman from Massachusetts, the Chair is definitely 
    of the opinion that the amendment offered here, if germane to the 
    pending resolution, is clearly in order.

Where Perfecting Amendments Have Been Adopted

Sec. 12.16 An amendment in the nature of a substitute is in order after 
    an entire bill has been read and perfecting amendments have been 
    adopted thereto, as long as such perfecting amendments have not 
    changed the bill in its entirety.

    On Sept. 29, 1977,(7) the Committee of the Whole having 
com

[[Page 6869]]

pleted general debate on H.R. 7010,(8) an amendment in the 
nature of a substitute was offered which prompted a unanimous-consent 
request to withhold such amendment pending consideration of the 
committee amendments. The proceedings were as indicated below:
---------------------------------------------------------------------------
 7. 123 Cong. Rec. 31542, 31543, 95th Cong. 1st Sess.
 8. Victims of Crime Act of 1977.
---------------------------------------------------------------------------

        The Chairman: (9) When the Committee rose on 
    Wednesday, September 14, 1977, all time for general debate on the 
    bill had expired.
---------------------------------------------------------------------------
 9. Philip R. Sharp (Ind.).
---------------------------------------------------------------------------

        The Clerk will read.
        The Clerk read as follows:

                                   H.R. 7010

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

        Mr. [Thomas F.] Railsback [of Illinois]: 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. 
        Railsback: Strike all after the enacting clause and insert in 
        lieu therof the following:

                                  short title

            Section 1. This Act may be cited as the ``Elderly Victims 
        of Crime Act of 1977''. . . .

        Mr. [James R.] Mann [of South Carolina]: Mr. Chairman, I ask 
    unanimous consent that the gentleman from Illinois may withhold the 
    amendment in the nature of a substitute while we consider the 
    committee amendment.
        The Chairman: Is there objection to the request of the 
    gentleman from South Carolina?
        Mr. [Mickey] Edwards of Oklahoma: Mr. Chairman, I object.
        The Chairman: Objection is heard.
        Mr. Railsback: Mr. Chairman, a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Railsback: Mr. Chairman, in offering the amendment in the 
    nature of a substitute, do I lose my right to offer that substitute 
    if the gentleman from South Carolina (Mr. Mann) has the opportunity 
    to deal with the committee amendments first?
        The Chairman: No; it could be offered at the end of the bill 
    once the entire bill has been read.
        Mr. Railsback: But it could not be offered after the committee 
    amendments are dealt with?
        The Chairman: The committee amendments would not change the 
    whole bill, so an amendment in the nature of a substitute could be 
    offered.

    Parliamentarian's Note: The committee amendments on this bill began 
in section 2, and the amendment in the nature of a substitute was 
therefore initially in order prior to consideration of any committee 
amendments.

Where Amendment Offered To Insert New Title

Sec. 12.17 An amendment in the nature of a substitute for a bill being 
    read by titles is in order after the last title has

[[Page 6870]]

    been read, notwithstanding disposition of an amendment inserting a 
    new title at the end of the bill.

    On Mar. 9, 1978,(10) during consideration of H.R. 50 
(11) in the Committee of the Whole, the Chair responded to a 
parliamentary inquiry concerning the proposition described above:
---------------------------------------------------------------------------
10. 124 Cong. Rec. 7333-36, 95th Cong. 2d Sess.
11. 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

                           ``five-year authorization

            ``The provisions of this Act shall be effective for each of 
        the fiscal years through September 30, 1983 unless extended 
        beyond that date by Act of Congress.''

        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 D.] 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, by unanimous consent, withdrew his amendment.]
        Mr. Long of Maryland: Mr. Chairman, I offer an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Long of Maryland: Insert at the 
        end of the bill the following new section:
            Sec. 150. (a). . . .

        So the amendment was agreed to.
        Mr. Bauman: 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

                           ``five-year authorization

            ``The provisions of this Act shall be effective for each of 
        the fiscal years through September 30, 1983 unless extended 
        beyond that date by Act of Congress.''. . .

        So the amendment was rejected.
        The result of the vote was announced as above recorded.
        Mr. [Albert H.] Quie [of Minnesota]: Mr. Chairman, I have a 
    parliamentary inquiry.
        The Chairman Pro Tempore: The gentleman will state it.
        Mr. Quie: Have we reached the point where I can now offer my 
    substitute?

[[Page 6871]]

        The Chairman Pro Tempore: The gentleman is correct. The 
    amendment in the nature of a substitute is now in order.
        Mr. Quie: 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. 
        Quie.

Sec. 12.18 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,(12) the Committee of the Whole having 
under consideration H.R. 50,(13) the above-stated 
proposition was illustrated as indicated below:
---------------------------------------------------------------------------
12. 124 Cong. Rec. 7333-36, 95th Cong. 2d Sess.
13. 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.

Read in Full

Sec. 12.19 An amendment in the nature of a substitute for a bill 
    offered from the floor must be read in its entirety or the reading 
    dispensed with by unanimous consent and is then open to amendment 
    at any point.

    An example of the proposition described above occurred on Dec. 18, 
1979,(14) during consideration of H.R. 5860, authorizing 
loan guarantees to the Chrysler Corporation. The proceedings in the 
Committee of the Whole were as follows:
---------------------------------------------------------------------------
14. 125 Cong. Rec. 36791, 36793, 36794, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk will designate section 1.

[[Page 6872]]

        Section 1 reads as follows:

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

                                  short title

            Section 1. This Act may be cited as the ``Chrysler 
        Corporation Loan Guarantee Act of 1979''.

        The Chairman: (15) Are there any amendments to 
    section 1?
---------------------------------------------------------------------------
15.  Richard Bolling (Mo.).
---------------------------------------------------------------------------

    amendment in the nature of a substitute offered by mr. moorhead of 
                                pennsylvania

        Mr. [William S.] Moorhead 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. 
        Moorhead of Pennsylvania: Page 14, strike out line 10 and all 
        that follows through page 32 and insert in lieu thereof the 
        following:

                                  short title

            Section 1. This Act may be cited as the ``Chrysler 
        Corporation Loan Guarantee Act of 1979''. . . .

        Mr. [S. William] Green [of New York]: Mr. Chairman, I have a 
    parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Green: Mr. Chairman, if I have an amendment to offer to 
    section 3 of the Moorhead substitute, may I ask, at what point is 
    it in order to offer it?
        The Chairman: The Chair will state that the gentleman's inquiry 
    is not in order until the Moorhead amendment has been read.
        The Clerk will read.
        (The Clerk continued the reading of the amendment in the nature 
    of a substitute.)

Sec. 12.20 An amendment offered in the nature of a substitute is read 
    in full and is open to amendment only after it has been completely 
    read.

    On Feb. 22, 1950,(16) the following proceedings took 
place:
---------------------------------------------------------------------------
16. 96 Cong. Rec. 2218, 2219, 81st Cong. 2d Sess. Under consideration 
        was H.R. 4453, the Fair Employment Practice Act.
            See also 97 Cong. Rec. 9333, 82d Cong. 1st Sess., Aug. 1, 
        1951.
---------------------------------------------------------------------------

        Amendment offered by Mr. [Samuel K.] McConnell [Jr., of 
    Pennsylvania]: Strike out all after the enacting clause and insert 
    ``That this act may be cited as the `Fair Employment Practice Act.' 
    ''. . 
        [The reading of the amendment was interrupted by parliamentary 
    inquiries:]
        Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry.
        The Chairman: (17) The gentleman will state it. . . 
    .
---------------------------------------------------------------------------
17. Francis E. Walter (Pa.).
---------------------------------------------------------------------------

        Mr. Colmer: Do I understand that the whole bill will be read 
    through, that is, the amendment that the Clerk is now reading, 
    before any amendments are offered? Or are amendments to be offered 
    at the end of sections as the Clerk concludes them?

[[Page 6873]]

        The Chairman: This is an amendment offered by the gentleman 
    from Pennsylvania to the bill. The amendment will be read in its 
    entirety and then will be open for amendment.

Not Read by Sections for Amendment

Sec. 12.21 An amendment seeking to strike out all after the enacting 
    clause and insert other language is not read by sections for 
    amendment; amendments are in order to any part of the amendment.

    On Feb. 4, 1946,(18) the following proceedings took 
place:
---------------------------------------------------------------------------
18. 92 Cong. Rec. 836, 839, 842, 844, 79th Cong. 2d Sess. Under 
        consideration was H.R. 4908, relating to investigation of labor 
        disputes.
---------------------------------------------------------------------------

        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I move to 
    strike out all after the enacting clause and insert as a substitute 
    the text of the bill H.R. 5262. . . .
        The Clerk read as follows:

            Mr. Case of South Dakota moves to strike out all after the 
        enacting clause. . . .

        Mr. [Sherman] Adams [of New Hampshire]: Mr. Chairman, I offer a 
    substitute amendment to the amendment offered by the gentleman from 
    South Dakota [Mr. Case].
        The Clerk read as follows:

            Amendment offered by Mr. Adams as a substitute for the Case 
        amendment:
            ``That the Congress hereby declares that the objectives of 
        this act are to avoid and diminish strikes and other forms of 
        industrial strife or unrest. . . .
            ``Sec. 2. When used in this act--
            ``(1) The term `commerce' means trade, traffic, commerce, 
        transportation, or communication among the several States, or 
        between the District of Columbia or any Territory of the United 
        States and any State or other Territory, or between any foreign 
        country and any State, Territory, or the District of Columbia, 
        or within the District of Columbia or any Territory or between 
        points in the same State but through any other State or any 
        Territory or the District of Columbia or any foreign country. . 
        . .

        Mr. Adams (interrupting the reading of the substitute). Mr. 
    Chairman, I ask unanimous consent that the further reading of the 
    substitute be dispensed with.

        Mr. [F. E.] Hook [of Michigan]: I object, Mr. Chairman.
        [The Clerk concluded the reading of the substitute.]
        Mr. [Clare E.] Hoffman [of Michigan]: Are amendments to the 
    substitute also in order at this time?
        The Chairman: (19) They are. Amendments to the Case 
    amendment and to the Adams substitute are in order.
---------------------------------------------------------------------------
19. Emmet O'Neal (Ky.).
---------------------------------------------------------------------------

        Mr. Hoffman: Will the Case bill be read by section for 
    amendment?
        The Chairman: The Case bill has already been read.
        Mr. Hoffman: Are amendments in order at any point in the Case 
    bill?
        The Chairman: Amendments are in order to any part of the Case 
    [amendment].

[[Page 6874]]

Notice of Intention To Strike

Sec. 12.22 When it is proposed to offer a single substitute for several 
    paragraphs of a bill which is being considered by paragraphs, the 
    substitute may be moved to the first paragraph with notice that if 
    it be agreed to, motions will be made to strike out the remaining 
    paragraphs.

    On July 29, 1969,(20) by way of example, an amendment 
was offered in the following manner:
---------------------------------------------------------------------------
20. 115 Cong. Rec. 21218, 21219, 91st Cong. 1st Sess. Under 
        consideration was H.R. 13111.
            See also 118 Cong. Rec. 21106, 21118-22, 92d Cong. 2d 
        Sess., June 15, 1972 [H.R. 15417]; 117 Cong. Rec. 10062, 92d 
        Cong. 1st Sess., Apr. 7, 1971 [H.R. 7016].
---------------------------------------------------------------------------

        Mr. [Charles S.] Joelson [of New Jersey]: Mr. Chairman, I offer 
    an amendment to the paragraph just read which is a simple 
    substitute to several paragraphs of the bill dealing with the 
    Office of Education, and I hereby give notice that after the 
    amendment is agreed to I will make a motion to strike out the 
    paragraphs appearing as follows: the paragraph on page 26, lines 1 
    through 7.

Sec. 12.23 When it is proposed to offer a single amendment--a motion to 
    strike out and insert new matter--for several paragraphs in a bill 
    which is being considered by paragraphs the amendment may be 
    offered to the first paragraph to be amended with notice that if it 
    be agreed to, motions will be made to strike out the remaining 
    paragraphs as they are read.

    On June 26, 1973,(1) an amendment was offered in the 
following manner:
---------------------------------------------------------------------------
 1. 119 Cong. Rec. 21368, 93d Cong. 1st Sess. See also 116 Cong. Rec. 
        25345, 25346, 91st Cong. 2d Sess., July 22, 1970 [H.R. 18515], 
        where an amendment in the nature of a substitute for several 
        paragraphs of an appropriation bill was offered, and the 
        proponent of the amendment announced his intention to strike 
        several subsequent paragraphs of the bill if his amendment were 
        agreed to.
---------------------------------------------------------------------------

        Mr. [Robert H.] Michel [of Illinois]: Mr. Chairman, I offer an 
    amendment to the paragraph of the bill just read which is a single 
    substitute for several paragraphs of the bill dealing with the 
    Department of Health, Education, and Welfare and related agencies, 
    and I hereby give notice that if the amendment is agreed to, I will 
    make motions to strike out the remaining paragraphs as follows: The 
    paragraph on page 8, lines 13 through 20; the paragraph on page 11, 
    lines 9 through 11.

Sec. 12.24 Where an appropriation bill is being read by paragraphs, an 
    amendment--in effect a motion to strike

[[Page 6875]]

    one paragraph of the bill and insert several consecutive paragraphs 
    in the bill--may be offered to the first paragraph modified by the 
    amendment only if notice is given that if the amendment is agreed 
    to, motions will be subsequently made to strike out the following 
    paragraphs of the bill which would be supplanted thereby.

    On July 29, 1969,(2) the following proceedings took 
place:
---------------------------------------------------------------------------
 2. 115 Cong. Rec. 21217, 21218, 91st Cong. 1st Sess. Under 
        consideration was H.R. 13111.
---------------------------------------------------------------------------

        Amendment offered by Mr. [Robert H.] Michel [of Illinois]: On 
    page 25 strike out line 9 and all that follows on page 25 and 
    insert in lieu thereof the following: . . .
        Mr. [James G.] O'Hara [of Michigan]: Mr. Chairman, under the 
    rules of the House, when a bill is to be read by paragraph and a 
    Member wishes to amend a paragraph that has been read and several 
    succeeding paragraphs he is permitted to offer an amendment at the 
    time the first of those paragraphs is read that he wants to amend 
    and then at the same time give notice that if his amendment, which 
    goes beyond the first paragraph and into several others, is adopted 
    he will move to strike the succeeding paragraphs.
        In the first place, the gentleman from Illinois gave no such 
    notice. . . .
        The Chairman: (3) . . . The Chair is presented with 
    a most difficult ruling at this time. He has resorted to a 
    precedent in ``Hinds' Precedents,'' volume V, page 404, paragraph 
    5795, which reads as follows:
---------------------------------------------------------------------------
 3. Chet Holifield (Calif.).
---------------------------------------------------------------------------

            When it is proposed to offer a single substitute for 
        several paragraphs of a bill which is being considered by 
        paragraphs, the substitute may be moved to the first paragraph 
        with notice that if it be agreed to, motions will be made to 
        strike out the remaining paragraphs.

        The Chair notes that the gentleman from Illinois did not give 
    such notice. The amendment goes beyond the paragraph which has been 
    read and in effect modifies a paragraph which has not yet been 
    read.
        The Chairman, therefore, sustains the point of order.

Notice of Intention To Strike: Distinction Between Substitute and 
    Amendment in Nature of Substitute

Sec. 12.25 Where there is pending an amendment striking out the pending 
    and several succeeding paragraphs and inserting new matter, in a 
    bill being read by paragraphs, a substitute therefor is in order 
    and may be offered without giving notice of an intention to strike 
    subsequent paragraphs; however, such notice is required when the 
    original amendment to strike out and insert is offered, since the 
    proponent thereof must describe the parameters of his amendment.

[[Page 6876]]

    On July 29, 1969,(4) Chairman Chet Holifield, of 
California, in response to objection made to a substitute 
amendment,(5) stated that the notice described above was 
unnecessary in the circumstances.
---------------------------------------------------------------------------
 4. 115 Cong. Rec. 21221, 91st Cong. 1st Sess. Under consideration was 
        H.R. 13111.
 5. The amendment was offered by Mr. Robert H. Michel (Ill.).
---------------------------------------------------------------------------

    It should be noted that the substitute proposed in this case 
encompassed less than the amendment in the nature of a substitute; 
hence no notice of intention to strike succeeding paragraphs was 
required. A substitute covering more paragraphs than the amendment for 
which offered would not be in order.

--Substitute Made Coextensive With Amendment in Nature of Substitute

Sec. 12.26 A substitute for an amendment in the nature of a substitute 
    for several paragraphs of an appropriation bill was offered after 
    being made coextensive with the amendment in the nature of a 
    substitute [that is, it did not affect more paragraphs than those 
    proposed to be changed by the original amendment], and notice was 
    given by the proponent of the substitute of his intention to strike 
    subsequent paragraphs even though such notice was not strictly 
    required.

    On Oct. 1, 1974,(6) during consideration in the 
Committee of the Whole of a bill,(7) the proceedings, as 
described above, occurred:
---------------------------------------------------------------------------
 6. 120 Cong. Rec. 33352, 33355, 93d Cong. 2d Sess.
 7. H.R. 16900, supplemental appropriations for fiscal 1975.
---------------------------------------------------------------------------

        The Clerk read as follows:

            For carrying out, to the extent not otherwise provided, 
        Part A of title I ($3,695,300,000) . . . and title VII of the 
        Elementary and Secondary Education Act; sections 822 and 823 of 
        Public Law 93-380; section 417(a)(2) of the General Education 
        Provisions Act; title IV of the Civil Rights Act of 1964 and 
        title III-A ($15,000,000) of the National Defense Education Act 
        of 1958, $4,264,643,000. . . .

        Mr. [David R.] Obey [of Wisconsin]: Mr. Chairman, I offer an 
    amendment to the bill, and to the paragraph that was just read, and 
    which is a simple substitute for several paragraphs dealing with 
    the Office of Education. I hereby give notice that if the amendment 
    is agreed to that I will make a motion to strike certain 
    paragraphs, as follows: The paragraph which begins on page 6, line 
    12, and ending on page 7, line 18; and the paragraph beginning on 
    page 7, line 19, and ending on page 7, line 24.
        The Clerk read as follows:

            Amendment offered by Mr. Obey: Strike the paragraph 
        beginning in

[[Page 6877]]

        line 19, page 5 and ending on line 11, page 6, and insert in 
        lieu thereof.
            For carrying out, to the extent not otherwise provided, 
        Part A of title I ($3,695,300,000) . . . and title VII of the 
        Elementary and Secondary Education Act; sections 822 and 823 of 
        Public Law 93-380; section 417[a][2] of the General Education 
        Provisions Act; title IV of the Civil Rights Act of 1964 and 
        title III-A ($15,000,000) of the National Defense Education Act 
        of 1958, $4,329,643,000. . . .

        Mr. [Edward R.] Roybal [of California]: Mr. Chairman, I offer 
    an amendment as a substitute for the amendment offered by the 
    gentleman from Wisconsin [Mr. Obey], which is a single substitute 
    for several paragraphs in the bill dealing with the Office of 
    Education.
        I hereby give notice that if the amendment is agreed to I will 
    make a motion to strike the paragraphs appearing as follows: The 
    paragraph beginning on page 6, line 12, extending to line 18, page 
    7; the paragraph beginning on line 19, page 7, through line 24.
        The Clerk read as follows:

            Amendment offered by Mr. Roybal as a substitute for the 
        amendment offered by Mr. Obey: On page 5, strike out the 
        paragraph beginning on line 17 extending down through line 11 
        on page 6 and substitute in lieu thereof:
            ``For carrying out, to the extent not otherwise provided, 
        Part A of title I ($3,743,300,000) . . . and title VII of the 
        Elementary and Secondary Education Act; sections 822 and 823 of 
        Public Law 93-380; section 417(a)(2) of the General Education 
        Provisions Act; title IV of the Civil Rights Act of 1964 and 
        title III-A ($15,000,000) of the National Defense Education Act 
        of 1958, $4,264,643,000.

    Parliamentarian's Note: Mr. Roybal had originally drafted an 
amendment in the nature of a substitute for several more paragraphs 
than those sought to be changed by Mr. Obey. Mr. Obey having been 
recognized first to offer his amendment, Mr. Roybal modified his 
amendment to make it coextensive with the Obey amendment. He thus 
eliminated references to paragraphs not amended by Mr. Obey, and was 
then not required to give notice of his intention to strike subsequent 
paragraphs upon offering his amendment as a substitute.

Amendment in Nature of Substitute Being Considered as Original Bill

Sec. 12.27 An amendment in the nature of a substitute being read as an 
    original bill pursuant to a special order is read by sections for 
    amendment (unless otherwise specified in the rule), and the 
    amendment may be considered as read and open for amendment at any 
    point by unanimous consent only.

    On Mar. 20, 1978,(8) the Committee of the Whole having 
under consideration H.R. 7700,(9) the

[[Page 6878]]

proceedings described above were as follows:
---------------------------------------------------------------------------
 8. 124 Cong. Rec. 7558, 7559, 95th Cong. 2d Sess.
 9. The Postal Service Act of 1977.
---------------------------------------------------------------------------

        The Chairman: (10) Pursuant to the rule, it shall be 
    in order to consider an amendment printed in the Congressional 
    Record of March 14, 1978, by Representative Hanley of New York if 
    offered as an amendment in the nature of a substitute for the bill, 
    said substitute shall be read for amendment under the 5-minute rule 
    as an original bill, and all points of order against said 
    substitute for failure to comply with the provisions of clause 7, 
    rule XVI, are hereby waived. . . .
---------------------------------------------------------------------------
10. Edward W. Pattison (N.Y.).
---------------------------------------------------------------------------

        At this time the Clerk will read.
        The Clerk read as follows:

            Section 1. This Act may be cited as the ``Postal Service 
        Act of 1977''.

        Mr. [James M.] Hanley [of New York]: Mr. Chairman, pursuant to 
    the rule, I offer an amendment in the nature of a substitute for 
    the bill.
        The Chairman: The Clerk will report the amendment by sections.
        The Clerk read as follows:

            Strike out all after the enacting clause and insert in lieu 
        thereof the following:
            That this Act may be cited as the ``Postal Service Act of 
        1978''.

        Mr. Hanley (during the reading): Mr. Chairman, I ask unanimous 
    consent that the amendment in the nature of a substitute be 
    considered as read, printed in the Record, and open to amendment at 
    any point. . . .
        [Objection was heard.]
        The Chairman: Under the rule, the amendment in the nature of a 
    substitute is to be read by sections.
        Are there amendments to section 1?

Sec. 12.28 Where a special rule provides that an amendment in the 
    nature of a substitute be considered as an original bill for 
    amendment under the five-minute rule if offered, the first section 
    of the original bill is first read and the amendment, if then 
    offered from the floor, must be read by sections for amendment in 
    the absence of unanimous consent to consider it as read and open to 
    amendment at any point.

    On July 18, 1978,(11) the Committee of the Whole having 
under consideration H.R. 1609, pursuant to a special rule, the 
proceedings, described above, were as follows:
---------------------------------------------------------------------------
11. 124 Cong. Rec. 21486, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman Pro Tempore [Mr. Raymond F. Lederer, of 
    Pennsylvania]: Pursuant to the rule, it shall be in order to 
    consider an amendment in the nature of a substitute printed in the 
    Congressional Record of June 28 by Representative Udall of Arizona, 
    if offered as an original bill for the purpose of amendment in lieu 
    of the amendments now printed in the bill.
        The Clerk will read section 1 of the original bill.
        The Clerk read as follows:

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

[[Page 6879]]

        Congress assembled, That this Act may be cited as the ``Coal 
        Pipeline Act of 1977.''

        Mr. [Morris K.] Udall [of Arizona]: Mr. Chairman, I offer an 
    amendment in the nature of a substitute printed in the 
    Congressional Record of June 28.
        The Clerk read as follows:

            Amendment in the nature of a substitute offered by Mr. 
        Udall: Strike all after the enacting clause and insert in lieu 
        thereof the following:
        That this Act may be cited as the ``Coal Pipeline Act of 
        1978''.

        Mr. Udall (during the reading): Mr. Chairman, I ask unanimous 
    consent to dispense with further reading of this amendment. It is 
    printed in the Congressional Record.
        The Chairman Pro Tempore: Is there objection to the request of 
    the gentleman from Arizona?
        Mr. [Teno] Roncalio [of Wyoming]: Reserving the right to 
    object, Mr. Chairman--and I do not intend to--may I ask the 
    Chairman if he intends to rise at 5:30?
        Mr. Udall: Mr. Chairman, if the gentleman will yield, as soon 
    as the amendment is read, I intend to ask unanimous consent that it 
    be open to amendment at any point, and then at that point I will 
    move that the Committee rise.
        Mr. [Joe] Skubitz [of Kansas]: Reserving the right to object, 
    Mr. Chairman, I will advise the gentleman from Arizona (Mr. Udall) 
    that at this moment I have no objection to the substitute, but I do 
    object to his second unanimous-consent request that we amend at any 
    point. I insist that we take it up section by section.
        Mr. Udall: Mr. Chairman, if the gentleman will yield, the 
    gentleman is within his rights, and I renew my unanimous-consent 
    request that the reading of the amendment be dispensed with at this 
    time and considered as read. It is printed in the Congressional 
    Record.
        The Chairman Pro Tempore: The amendment has to be read by 
    sections. The Clerk has read section 1.
        Mr. Udall: When section 1 has been read, I will move that the 
    Committee rise, Mr. Chairman. I ask unanimous consent that section 
    1 of the amendment in the nature of a substitute be considered as 
    read.
        Mr. Roncalio: Mr. Chairman, I withdraw my reservation of 
    objection.
        Mr. Skubitz: Mr. Chairman, I withdraw my reservation of 
    objection.
        The Chairman Pro Tempore: Is there objection to the request of 
    the gentleman from Arizona?
        There was no objection.

Sec. 12.29 Where a bill is being considered under a rule providing that 
    a committee amendment in the nature of a substitute shall be 
    considered as an original bill, a substitute for such committee 
    amendment may be offered at the end of the first section or at the 
    end of such committee amendment.

    On Oct. 18, 1943,(12) the following proceedings took 
place:
---------------------------------------------------------------------------
12. 89 Cong. Rec. 8450, 78th Cong. 1st Sess. Under consideration was S. 
        1279, relating to allowances and allotments for dependents of 
        military personnel.

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

[[Page 6880]]

        Mr. [Francis H.] Case [of South Dakota]: Under the rule adopted 
    the other day, the original rule stated that the Senate bill would 
    be read for amendment under the 5-minute rule. That rule was 
    amended by an amendment adopted by the House, by which we provided 
    for the consideration of the House committee substitute as an 
    original bill. The question I ask is whether or not any proposal to 
    offer a substitute for the committee bill would have to be offered 
    during the time that this committee substitute is being read, or 
    whether it should be offered at the conclusion of the reading of 
    the entire substitute.
        The Chairman: (13) It could have been offered at the 
    end of the first section, of the substitute, or it may be offered 
    at the end of the reading.
---------------------------------------------------------------------------
13. Alfred L. Bulwinkle (N.C.).
---------------------------------------------------------------------------

Procedure Upon Conclusion of Reading for Amendment

Sec. 12.30 Upon conclusion of the reading of a committee amendment in 
    the nature of a substitute for amendment in Committee of the Whole, 
    the pending question is on adoption of the substitute as amended, 
    and if the substitute is rejected the original bill is read by 
    sections for amendment. If the committee amendment is agreed to it 
    is reported to the House and voted on.

    On July 10, 1941,(14) the following proceedings took 
place:
---------------------------------------------------------------------------
14. 87 Cong. Rec. 5962, 77th Cong. 1st Sess. Under consideration was S. 
        1524, relating to deferment of men by age groups under the 
        Selective Training and Service Act of 1940.
---------------------------------------------------------------------------

        Mr. [R. Ewing] Thomason [of Texas]: 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: (15) That is correct. . . .
---------------------------------------------------------------------------
15. Schuyler Otis Bland (Va.).
---------------------------------------------------------------------------

        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. . . .
        If [the substitute] 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.

    Similarly, on June 13, 1939,(16) the following exchange 
took place:
---------------------------------------------------------------------------
16. 84 Cong. Rec. 7108, 7109, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John E.] Rankin [of Mississippi]: As I understand the 
    situation now, the entire Senate bill has been stricken out and the 
    House bill inserted as an amendment, so at the completion of the 
    consideration under the 5-minute rule the vote will come on

[[Page 6881]]

    adopting the House bill as an amendment. . . .
        The Speaker: (17) As the Chair understands the 
    parliamentary situation, under the rule the House substitute 
    amendment for the Senate bill will be considered by sections as an 
    original bill, open to germane amendment. At the conclusion of the 
    reading for amendment the question will be put on agreeing to the 
    substitute, or the substitute as amended, for the Senate bill.
---------------------------------------------------------------------------
17. William B. Bankhead (Ala.).
---------------------------------------------------------------------------

        Mr. Rankin: If that is voted down, as I understand it, the 
    original Senate bill will be before the House.
        The Speaker: If the committee substitute amendment is voted 
    down, that will leave the Senate bill before the Committee of the 
    Whole for consideration.

Effect of Rejection

Sec. 12.31 The Chair indicated, in response to a parliamentary inquiry, 
    that if a pending amendment striking out several succeeding 
    paragraphs and inserting new matter in an appropriation bill were 
    defeated, the reading of the bill for amendment, by paragraph, 
    would then continue and each paragraph would be subject to 
    amendment when read.

    On July 29, 1969,(18) an amendment was under 
consideration as described above. The following exchange took place:
---------------------------------------------------------------------------
18. 115 Cong. Rec. 21218, 21219, 91st Cong. 1st Sess. Under 
        consideration was H.R. 13111.
---------------------------------------------------------------------------

        Mr. [Robert H.] Michel [of Illinois]: Mr. Chairman, if the 
    amendment offered by the gentleman from New Jersey (Mr. Joelson), 
    the entire package, is defeated, would it then be in order to amend 
    different sections in this area, in this whole part?
        The Chairman: (19) the Chair will state that if the 
    amendment is defeated, why, of course, we would be right back where 
    we started. . . .
---------------------------------------------------------------------------
19. Chet Holifield (Calif.).
---------------------------------------------------------------------------

        The paragraphs would be read, and they would be open to 
    amendment.

Incorporating Adopted Perfecting Amendments in Substitute Text

Sec. 12.32 The last paragraph of a bill to draft nurses for service 
    having been read for amendment, the Committee of the Whole adopted 
    an amendment striking out all after the enacting clause and 
    reinserting the language, as amended, as an amendment to the 
    Selective Training and Service Act of 1940.

    On Mar. 7, 1945,(20) the following proceedings took 
place:
---------------------------------------------------------------------------
20. 91 Cong. Rec. 1875, 79th Cong. 1st Sess. Under consideration was 
        H.R. 2277, to insure adequate nursing care for members of the 
        armed forces.
---------------------------------------------------------------------------

        Mr. [Andrew J.] May [of Kentucky]: Mr. Chairman, I offer a 
    substitute for the bill.

[[Page 6882]]

        May I make the explanation that this substitute is the bill as 
    agreed upon in the Committee of the Whole. It contains every 
    amendment that has been adopted, and it merely makes the bill, as 
    completed by all of the several amendments, title II to the 
    Selective Training and Service Act.
        The purpose of that, first of all, is to bring about an orderly 
    procedure in legislative dealings by making it a part of the act 
    relating to induction for military service. . . .
        The Chairman: (1) the Clerk will report the 
    substitute amendment offered by the gentleman from Kentucky.
---------------------------------------------------------------------------
 1. Stephen Pace (Ga.).
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