An amendment in the nature of a substitute replaces the body of a bill while retaining the title and enabling clauses. It can be used to clarify language, address changes in circumstances, or rework constitutionally objectionable aspects of a bill.
An amendment in the nature of a substitute is in fact a replacement of the body of a piece of legislation. A member of Congress or a committee may choose to redraft the text of a bill or much of that text, while still retaining the title and granting the enabling clause or clauses. As is often the case in Congress, things can get very complicated, as changes can also be made to the amendment.
Various elements can be added and removed, until the body of legislation is referred to as amendment-substitute-modification-in-the-nature-of-a-substitute. The final draft may not resemble the original bill, even if it bears the original title and number and is interpreted under the original enabling aspects. In some cases, to clarify issues of constitutionality, a replacement amendment may be issued.
If part of a bill is constitutionally objectionable, that measure can be reworded to ensure it passes. Instead of liquidating the entire bill and starting from scratch, the legislator can rework the problematic aspects. This can be done if there is concern that a law, or part of it, could be declared unconstitutional if challenged in court.
In other cases, a replacement amendment can be used for the simple purpose of clarifying the language used, since unclear laws can also be challenged on constitutional grounds. The test is whether a vague law is unconstitutional or not. Simply put, if the language used is so vague or so difficult to understand that a reasonable person cannot identify what is required or prohibited, the law or any part of it can be overturned by a court.
Another possible use of an amendment in the nature of a substitute is where conditions or circumstances have changed causing the current language of the bill to be inaccurate or obsolescent. If times, dates, amounts, other circumstances have changed, they must be addressed before a bill is passed. Through this type of amendment, the affected part or parts of the bill can be renewed. This process may be a better alternative than scrapping the entire piece of legislation and starting over.
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