[Deschler-Brown Precedents, Volume 10, Chapter 28 (Sections 1-24), Volume 11, Chapter 28 (Sections 25-end, plus index)]
[Chapter 28. Amendments and the Germaneness Rule]
[C. House-Senate Relations]
[Â§ 28. Requirement That Amendments to Motions To Instruct Conferees Be Germane]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 8543-8545]
 
                               CHAPTER 28
 
                  Amendments and the Germaneness Rule
 
                       C. HOUSE-SENATE RELATIONS
 
Sec. 28. Requirement That Amendments to Motions To Instruct Conferees 
    Be Germane

    The rule that amendments must be germane applies to the instruc

[[Page 8544]]

tions in a motion to instruct conferees,(11) and the test of 
an amendment to a motion to instruct conferees is the relationship of 
the amendment to the subject matter of the House or Senate version of 
the bill (12) and not necessarily to the original motion to 
instruct.
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11. See 8 Cannon's Precedents Sec. Sec. 3230, 3235.
12. See 28.2, infra.
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Amendments to Motion Where Previous Question Not 
    Ordered                          -------------------

Sec. 28.1 One motion only is in order to instruct conferees prior to 
    the Speaker's appointment of conferees, but is subject to an 
    amendment to the motion, an amendment to the amendment, a 
    substitute for the original amendment, and an amendment to the 
    substitute, if such amendments are germane and the previous 
    question is not ordered.(13)
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13. See Sec. 28.2, infra.
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Test of Germaneness

Sec. 28.2 An amendment to a motion to instruct conferees must be 
    germane to the subject matter of either the House or Senate bill 
    and not necessarily to the original motion to instruct.

    On Oct. 31, 1939,(14) the following parliamentary 
inquiry and response thereto were made:
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14. 85 Cong. Rec. 1105, 76th Cong. 2d Sess. (special session). Under 
        consideration was H.J. Res. 306 (Committee on Foreign Affairs), 
        the Neutrality Act.
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        Mr. [Joseph W.] Martin [Jr. of Massachusetts]: Mr. Speaker, a 
    parliamentary inquiry. . . .
        For the information of the House, is it correct that an 
    amendment to the motion to instruct conferees offered by the 
    gentleman from Connecticut is in order at any time until the 
    previous question is ordered?
        The Speaker: (15) If a Member gets recognition to 
    offer an amendment and it is germane to the subject matter of 
    either the House or Senate bill.
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15. William B. Bankhead (Ala.).
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        The Chair thinks it important in construing the rules, for the 
    information of all Members of the House, to state that it must 
    always be remembered that an amendment must be germane to the 
    subject matter under consideration. In this instance it means the 
    amendment must be germane to some provision in the Senate amendment 
    to the House joint resolution or in the House joint resolution 
    itself.
        The Chair may state, in order fully to clarify this matter so 
    there may be no misunderstanding or confusion about the rights of 
    Members--and there is no legitimate ground for confusion on this 
    question--that now that a

[[Page 8545]]

    motion has been offered by the gentleman from Connecticut to 
    instruct the conferees, an amendment to that motion will be in 
    order if germane, and to that amendment an amendment may be offered 
    if germane. To the original amendment to the motion a substitute 
    may be offered and an amendment to the substitute may be offered . 
    . . and all five of those propositions may be pending at the same 
    time.