Ch. 27 § 25 DESCHLER’S PRECEDENTS

ment as a substitute for the amend- § 26. Amend- ment. ments The Clerk read as follows: Amendment offered by Mr. Mad- Amendment to First Section igan as a substitute for the amend- ment offered by Mr. Florio: Voted On Before Amendment Page 103, line 14 insert ‘‘or (c)’’ im- in Nature of Substitute mediately after ‘‘subsection (b)’’. Page 104, line 20, strike out the § 26.1 A committee amendment closing quotation marks and the fol- lowing period. to the first paragraph or sec- Page 104, after line 20, insert the tion of a bill is voted on be- following new subsection. . . . fore a vote is taken on an MR. MADIGAN: Mr. Chairman, this amendment in the nature of amendment includes a number of pro- a substitute to strike out all visions designed to resolve problems after the enacting clause and which had been expressed by agricul- insert new matter. tural groups since the bill was reported (18) from committee. . . . On Feb. 9, 1940, the fol- MR. [ROBERT C.] ECKHARDT [of lowing exchange took place: Texas]: Mr. Chairman, I was not aware MR. [JACK] NICHOLS [of Oklahoma]: at the time that this amendment was May an amendment which proposes to offered that it would purport to deal strike out all after the enacting clause with a number of very different sub- and insert other matter be offered at jects. I assume that it would not be in any time during the process of the order to raise a con- reading of the bill, or must it be of- cerning germaneness at this late time, fered at some particular point in the bill? . . . not having reserved it, but I would like THE CHAIRMAN: (19) It can be done to ask if the question may be divided. after the reading of the first section, as There are several subjects that are soon as the committee amendment is quite divisible in the amendment of- disposed of. fered here, and that deal with different matters. Amendment Adding Section THE CHAIRMAN: (17) The Chair will advise the gentleman from Texas that § 26.2 While committee amend- he is correct, it is too late to raise a ments to a pending section point of order on the question of ger- are normally considered maneness. The Chair will further advise the 18. 86 CONG. REC. 1330, 76th Cong. 3d gentleman from Texas that a sub- Sess. Under consideration was H.R. stitute is not divisible. 960, extending the Classified Execu- tive Civil Service. 17. Les AuCoin (Oreg.). 19. Charles F. McLaughlin (Nebr.).

7110 AMENDMENTS Ch. 27 § 26

prior to amendments offered The Clerk read as follows: from the , a floor amend- Committee amendment: Page 1, ment to the text of a pending line 6, insert the following new sec- tion: . . . section is considered before a committee amendment add- Bill Open to Amendment at ing a new section at the end Any Point of the pending section. § 26.3 Where a bill was open to On Oct. 4, 1972,(20) the fol- lowing proceedings took place: amendment at any point and there was pending a per- MR. [JOHN H.] KYL [of Iowa]: Mr. fecting committee amend- Chairman, I offer an amendment. The Clerk read as follows: ment, the Chairman indi- cated that further amend- Amendment offered by Mr. Kyl: Page 1, line 6, at the end thereof in- ments to the bill would be in sert the following:... order following disposition MR. [WILEY] MAYNE [of Iowa]: Mr. of the committee amend- Chairman, I believe there are several ment. committee amendments. Would they On May 30, 1973, (2) the fol- not be in order first and then the amendment of the gentleman from lowing proceedings took place: Iowa be out of order unless deferred MR. [M. G.] SNYDER [of Kentucky]: until after the committee amendment Mr. Chairman, I offer an . . . amend- has been disposed of? ment. ( ) THE CHAIRMAN: (1) The amendment THE CHAIRMAN: 3 the committee offered by the gentleman from Iowa is amendment is pending. Is this an to section 1 and it is thus in order at amendment to the committee amend- this point. . . . ment? So the amendment was agreed MR. SNYDER: It is to the bill. to.... THE CHAIRMAN: There is an amend- ment pending. THE CHAIRMAN: The Clerk will re- MR. SNYDER: Mr. Chairman, a par- port the first committee amendment. liamentary inquiry. If the committee amendment is adopted, is the par- 20. 118 CONG. REC. 33779, 92d Cong. 2d liamentary situation the same as Sess. Under consideration was S. awhile ago, that I would be precluded 1316. from offering this amendment? See also 110 CONG. REC. 3215, THE CHAIRMAN: After the committee 88th Cong. 2d Sess., Feb. 20, 1964, amendment has been considered and where an amendment offered from the floor was considered before a 2. 119 CONG. REC. 17338, 93d Cong. 1st committee amendment reported in Sess. Under consideration was H.R. the bill. 5858. 1. Stuart Symington (Mo.). 3. Frank E. Evans (Colo.).

7111 Ch. 27 § 26 DESCHLER’S PRECEDENTS

disposed of, other amendments will be standing that the rule itself provides in order. that the bill shall be considered as read and open to amendment at any § 26.4 Where, under a special point. rule, a bill is considered as THE CHAIRMAN: Yes, that is the bill, having been read for amend- the Chair will advise the gentleman ment, committee amend- from Washington, not the amendment. ments to the bill must be MR. FOLEY (during the reading): Mr. Chairman, I ask read in full or their reading that the first committee amendment dispensed with by unani- may be considered as read and printed mous consent. in the Record. On Feb. 9, 1976,(4) during con- THE CHAIRMAN: Is there objection to (5) the request of the gentleman from sideration of H.R. 5808, in the Washington? , the There was no objection. Chair stated that, pursuant to the rule, the bill was open to amend- § 26.5 Where a bill is consid- ment. ered as having been read for The proceedings occurred as indi- amendment, it is open to cated below: amendment at any point and THE CHAIRMAN: (6) . . . Under the all committee perfecting rule, the bill is considered as having amendments must be dis- been read and open to amendment at any point under the 5-minute posed of, regardless of their rule.... place in the bill, prior to of- MR. [CHARLES E.] WIGGINS [of Cali- fering of amendments to the fornia]: Mr. Chairman, under the rule, bill from the floor. is the first committee amendment con- ( ) ( ) sidered to have been read? On Feb. 9, 1976, 7 H.R. 5808 8 THE CHAIRMAN: There have been no having been read and opened to requests for considering the amend- amendment in the Committee of ment as having been read, the Chair the Whole, the proceedings, de- will advise the gentleman from Cali- scribed above, were as follows: fornia, but the Chair will entertain such a request. . . . THE CHAIRMAN: (9) . . . Under the MR. [THOMAS S.] FOLEY [of Wash- rule, the bill is considered as having ington]: Mr. Chairman, it is my under- been read and open to amendment at

4. 122 CONG. REC. 2872, 2875, 94th 7. 122 CONG. REC. 2872, 2876, 94th Cong. 2d Sess. Cong. 2d Sess. 5. Animal Welfare Act Amendments of 8. Animal Welfare Act Amendments of 1976. 1976. 6. Richard H. Ichord (Mo.). 9. Richard H. Ichord (Mo.).

7112 AMENDMENTS Ch. 27 § 26

any point under the 5-minute committee amendments to a rule.... bill under the five-minute The Clerk will report the next com- mittee amendment. rule in Committee of the The Clerk read as follows: Whole, pursuant to a special Committee amendment: Page 19, order providing that said line 24, insert ‘‘knowingly’’ imme- committee amendments be diately before ‘‘sell’’. considered en bloc and be The committee amendment was considered as having been agreed to. read, the Chairman instructs MR. [CHARLES E.] WIGGINS [of Cali- the Clerk to designate the fornia]: Mr. Chairman, I now offer an amendment. page and line number of the THE CHAIRMAN: The gentleman from amendments. California (Mr. Wiggins) will be ad- On Aug. 2, 1977,(10) during con- vised that his amendment would not be in order at this time under the rule. sideration of H.R. 8444, the Na- There are 2 additional committee tional Energy Act, the proceedings amendments to be considered. . . . described above were as indicated: The Chair will advise the gentleman THE CHAIRMAN: (11) The Clerk will from California (Mr. Wiggins) further designate the page and line number of that his amendment will be in order after the consideration of the com- the ad hoc committee amendments, the mittee amendments. . . . first group of the amendments rec- ommended by the ad hoc committee to MR. [ROBERT E.] BAUMAN [of Mary- land]: Mr. Chairman, I have a par- be considered en bloc. liamentary inquiry. The Clerk read as follows: Mr. Chairman, I have an amend- Page 183, line 11 through page ment I wish to offer that comes before 184, line 19 . . . and on page 208, that committee amendment on the line 4 through page 209, line 2, and same page. Would that amendment be an amendment inserting on page in order, or is it not in order until after 188, line 11, the word ‘‘domestic’’ be- fore the word ‘‘crude’’. this time? THE CHAIRMAN: The Chair will ad- § 26.7 Unanimous consent is vise the gentleman from Maryland (Mr. Bauman) that his amendment required to consider en bloc would not be in order at this time un- separate committee amend- less it is an amendment to this com- ments printed in a bill, even mittee amendment. where a special order adopt-

Amendments Considered En 10. 123 CONG. REC. 26172, 95th Cong. Bloc 1st Sess. For discussion of consider- ation of en bloc amendments gen- § 26.6 In accordance with the erally, see Sec. 27, infra. procedure for considering 11. Edward P. Boland (Mass.). 7113 Ch. 27 § 26 DESCHLER’S PRECEDENTS

ed by the House provides THE CHAIRMAN: The Clerk will re- that the bill is considered as port the first committee amendment. having been read for amend- MR. [AL] ULLMAN [of Oregon]: Mr. Chairman, I ask unanimous consent, ment and that said com- in the interest of saving time, that the mittee amendments are con- committee amendments as printed in sidered before other com- the bill, except for section 404, be con- mittee or individual amend- sidered en bloc, considered as read, ments. and printed in the Record. THE CHAIRMAN: Is there objection to ( ) On Aug. 10, 1978, 12 the Com- the request of the gentleman from Or- mittee of the Whole was consid- egon? ering H.R. 13511, the Revenue There was no objection. Act of 1978, pursuant to House Resolution 1306, (13) a ‘‘modified Amendments to Committee closed’’ rule which provided that Amendment the bill be considered as read, al- lowed only designated amend- § 26.8 Where there is pending a ments (including committee committee amendment, an amendments), and prescribed the amendment thereto and a order of consideration for such substitute therefor, the vote amendments. is first taken on the amend- ment to the amendment, then THE CHAIRMAN: (14) All time has ex- pired for general debate. on the substitute and finally Pursuant to the rule the bill is con- on the committee amend- sidered as having been read for ment. amendment. No amendments shall be in order except the following amend- In the 92d Congress, during ( ) ments which shall not be subject to consideration of a bill 15 to pro- amendment except amendments rec- vide for improved financing for ommended by the Committee on Ways the Corporation for Public Broad- and Means, and which shall be consid- casting, the following exchange ered in the following order: took place: (16) First. The committee amendments printed in the bill (except for section MR. [ROBERT O.] TIERNAN [of Rhode 404); Island]: Do I correctly understand that Second. The committee amendment adding a new section 404. . . . 15. H.R. 13918. 16. 118 CONG. REC. 19463, 92d Cong. 2d 12. 124 CONG. REC. 25453, 95th Cong. Sess., June 1, 1972. See also the pro- 2d Sess. ceedings at 117 CONG. REC. 40587, 13. Id. at pp. 25415, 25416. 40590, 92d Cong. 1st Sess., Nov. 11, 14. Philip R. Sharp (Ind.). 1971.

7114 AMENDMENTS Ch. 27 § 26

the first vote will be on the amend- tleman from Massachusetts (Mr. Tson- ment in the nature of a substitute of- gas) to the committee amendment. fered by the gentleman from Massa- MR. [PAUL E.] TSONGAS: Mr. Chair- chusetts (Mr. Keith)? man, I have a parliamentary inquiry. ( ) THE CHAIRMAN: 17 The Chair will THE CHAIRMAN: The gentleman will state that the first vote will occur on state it. the amendment to the committee MR. TSONGAS: Mr. Chairman, I be- amendment, that is, the amendment of lieve it is in order that we vote first on the gentleman from Georgia. Then the the substitute offered by the gen- vote will recur on the substitute of- tleman from Ohio (Mr. Wylie), is it fered by the gentleman from Massa- not? chusetts (Mr. Keith) and then the vote THE CHAIRMAN: No. The Chair will will recur on the committee amend- state that the vote on the amendment ment. to the committee amendment will occur first. Following that there will be § 26.9 Where there was pend- a vote on the substitute for the com- ing a committee amendment mittee amendment, as amended, if the in the form of a new title, an amendment offered by the gentleman amendment thereto and a from Massachusetts (Mr. Tsongas) to substitute therefor, the first the committee amendment is adopted. Following that there will be a vote on vote was on the amendment the committee amendment, as it may to the committee amend- have been amended. ment, then on the substitute, and then on the committee ‘‘Acceptance’’ of Amendment by amendment as it may have Committee been amended. § 26.10 The Committee of the On Apr. 6, 1977, (18) the Com- Whole must vote on a pend- mittee of the Whole having under ing amendment even though consideration a bill, (19) the Chair it has been ‘‘accepted’’ by responded to a parliamentary in- members of the committee quiry as described above: reporting the bill. THE CHAIRMAN: (20) The question is (1) on the amendment offered by the gen- On June 3, 1971, the fol- lowing proceedings took place: 17. Robert N. Giaimo (Conn.). MR. [JAMES G.] FULTON of Pennsyl- 18. 123 CONG. REC. 10773, 10774, 95th vania: Mr. Chairman, as ranking mi- Cong. 1st Sess. nority member of the Committee on 19. H.R. 5262, providing for increased participation by the United States in 1. 117 CONG. REC. 17890, 92d Cong. 1st international financial institutions. Sess. Under consideration was H.R. 20. Robert Duncan (Oreg.). 1709.

7115 Ch. 27 § 26 DESCHLER’S PRECEDENTS

Science and Astronautics, I can advise to discuss the amendment will be rec- the gentleman, after having consulted ognized. with him about his amendment under the circumstances, we have no objec- Amendment Considered as tion to the amendment passing.... Original Bill Mr. Chairman, on the amendment that we have just been discussing, it § 26.11 A unanimous-consent was stated that there would be no ob- request has been made that jection on either side of the aisle. Has the Committee of the Whole there been any action taken on that consider a committee amend- amendment? ment in the nature of a sub- THE CHAIRMAN: (2) No, there has not been any action taken on the amend- stitute as an original bill for ment. purposes of amendment and The Chair would advise the gen- that a separate vote in the tleman that the Chair is trying to de- House be allowed on any termine whether or not the gentleman amendment to the original from Illinois (Mr. Collier) desires to bill or to the committee sub- speak on the amendment. stitute.(3) MR. [HAROLD R.] COLLIER: Yes, I do, Mr. Chairman, and I would ask a par- § 27. Considering Amendments liamentary inquiry—the fact that they En Bloc have not voiced any objection still leaves it open for discussion inasmuch Amendments may be considered as they have not accepted the amend- en bloc only by unanimous con- ment; is that correct? sent,(4) or where specified by spe- (5) THE CHAIRMAN: The amendment cial rule. Such amendments are must be voted upon by the members of voted on en bloc.(6) the committee, the Chair would advise Where amendments reported to the gentleman from Illinois.... the House have been considered MR. FULTON of Pennsylvania: Mr. en bloc in Committee of the Whole Chairman, when it is stated by both and a separate vote thereon is de- sides of the aisle that there is no objec- manded in the House, the Chair tion, it would seem to me that the ob- puts the question on the amend- vious effect of that is that the amend- ments en bloc where no Member ment is agreed to and it is acceptable demands a division of the ques- to both sides. Of course, as the Chair- tion in the House.(7) man pointed out, it has to be passed on by the Committee of the Whole House 3. See § 36.22 infra. on the State of the Union.... 4. See §§ 27.2, 27.3, infra. THE CHAIRMAN: The Chair states 5. See §§ 27.14–27.16, infra. that any Member desiring recognition 6. See § 27.12, infra. 7. For discussion of House consider- 2. James C. Wright, Jr. (Tex.). ation of amendments reported from

7116