    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 641-691]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Motions
                       Rule XVI.--MOTIONS AND AMENDMENTS

    902. Motions reduced to writing and entered on the
    Journal.

      1.  Every motion entertained by the Speaker shall be reduced to
    writing on the demand of a Member, Delegate, or Resident Commissioner
    and, unless it is withdrawn the same day, shall be entered on the
    Journal with the name of the Member, Delegate, or Resident Commissioner
    offering it. A dilatory motion may not be entertained by the Speaker.

    [[Page 642]]

    and former clause 10 of rule XVI under this clause (H. Res. 5, Jan. 6,
    1999, p. ----).
      The first sentence of this clause was made up in 1880 of old rules
    adopted in 1789 and 1806 (V, 5300). The last sentence of this clause
    (former clause 10 of rule XVI) was adopted in 1890 (V, 5706) to make
    permanent a principle already enunciated in a ruling of the Speaker, who
    had declared that the ``object of a parliamentary body is action, and
    not stoppage of action'' (V, 5713). When the House recodified its rules,
    it consolidated clause 1

      Because of this provision it has been held not in order to amend or
    strike out a Journal entry setting forth a motion exactly as made (IV,
    2783, 2789). A motion not entertained is not entered on the Journal (IV,
    2813, 2844-2846). See Sec. 71, supra, for discussion of Journal entries.
    Any Member may demand that a motion be reduced to writing and in the
    proper form, including the motion to adjourn (Sept. 27, 1993, p. 22608;
    Jan. 4, 1995, p. 509), and the demand may be initiated by the Chair
    (July 24, 1986, p. 17641). Consistent with this clause, the Chairman of
    the Committee of the Whole requires that each amendment be reduced to
    writing (July 22, 1994, p. 17617).

    Sec. 903. Dilatory motions.

      The  Speaker has declined to
    entertain debate or appeal on a question as to the dilatoriness of a
    motion, as to do so would be to nullify the rule (V, 5731); but has
    recognized that the authority conferred by the rule should not be
    exercised until the object of the dilatory motion ``becomes apparent to
    the House'' (V, 5713-5714). For example, the Chair has held that a
    virtually consecutive invocation of former rule XXX (current clause 6 of
    rule XVII), resulting in a second pair of votes on use of a chart and on
    reconsideration thereof, was not dilatory under this provision (or
    former clause 4(b) of rule XI (current clause 6(b) of rule XIII)) (July
    31, 1996, p. 20700). Usually, but not always, the Speaker awaits a point
    of order from the floor before acting (V, 5715-5722). The rule has been
    applied to the motions to adjourn (V, 5721, 5731-5733; VIII, 2796,
    2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to fix the time
    of five-minute debate in Committee of the Whole (V, 5734; VIII, 2817),
    and to lay on the table (VIII, 2816); and to the question of
    consideration (V, 5731-5733). The point of ``no quorum'' has also been
    ruled out (V, 5724-5730; VIII, 2801, 2808), and former clause 6 of rule
    XV (current clause 7 of rule XX), as adopted in the 93d Congress and as
    amended in the 95th Congress prevents the making of a point of no quorum
    under certain circumstances. A demand for tellers has been held dilatory
    (V, 5735, 5736; VIII, 2436, 2818-2821); but the constitutional right of
    the Member to demand the yeas and nays may not be overruled (V, 5737;
    VIII, 3107). (For ruling by Speaker Gillett construing dilatory motions,
    see VIII, 2804.) See also Sec. 857, supra, for discussion of dilatory
    motions pending consideration of Rules Committee report, and
    Sec. Sec. 857-858, supra, for rule prohibiting offering of dilatory
    amendments printed in the Record.

    [[Page 643]]

    Withdrawal
                                                          Rule XVI, clause 2
    Rule XVI, clause 2

    904. Stating and withdrawing of motions.

      2.  When a motion
    is entertained, the Speaker shall state it or cause it to be read aloud
    by the Clerk before it is debated. The motion then shall be in the
    possession of the House but may be withdrawn at any time before a
    decision or amendment thereon.

      The provisions of this clause were adopted first in 1789. At that time
    a second was required for every motion, but in practice this requirement
    became obsolete very early, and it was dropped from the rule in 1880 (V,
    5304). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----).

      The House always insists that the motion shall be stated or read
    before debate shall begin (V, 4983) and the Clerk's reading may be
    dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see
    also Sec. 432, supra). It is the duty of the Speaker to put a motion in
    order under the rules and practice without passing on its constitutional
    effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). In a case wherein a
    clerk presiding during organization of the House declined to put a
    question, a Member-elect put the question from the floor (I, 67).

      Under certain circumstances, a Member may make a double motion (V,
    5637).

    [[Page 644]]

    and the same right to withdraw an amendment exists in the House as in
    Committee of the Whole (IV, 4935; June 26, 1973, p. 21315) and in
    standing committees where general procedures in the House as in the
    Committee of the Whole apply (Sec. 427, supra); but unanimous consent to
    withdraw an amendment is required in Committee of the Whole (V, 5221,
    5753; VI, 570; VIII, 2465, 2859, 3405), unless withdrawal authority was
    conferred by the House (July 22, 1999, p. ----). Withdrawal of a pending
    resolution is not in order when the absence of a quorum has been
    announced by the Chair (Oct. 14, 1970, pp. 36665-69). A motion that the
    House resolve into the Committee of the Whole for the consideration of a
    bill may be withdrawn pending a point of order against consideration of
    the bill, and if the motion is withdrawn the Chair is not obligated to
    rule on the point of order (VIII, 3405; Dec. 3, 1979, p. 34385).
    Unanimous consent is not required to withdraw a pending unanimous-
    consent request (Speaker O'Neill, Dec. 16, 1985, p. 36575).

    Sec. 905. Conditions of withdrawal of motions.

      Even  after
    the affirmative side has been taken on a division the withdrawal of a
    motion has been permitted (V, 5348), also after a viva voce vote and the
    ordering and appointment of tellers (V, 5349). While the House was
    dividing on a second of the previous question (this second is no longer
    required) on a motion to refer a resolution, the Member was permitted to
    withdraw the resolution (V, 5350); also a motion was once withdrawn
    after the previous question had been ordered on an appeal from a
    decision on a point of order as to the motion (V, 5356). A motion to
    suspend the rules could be withdrawn at any time before a second was
    ordered (V, 6844; VIII, 3405, 3419), even on another suspension day (V,
    6844) but not after a second was ordered, except by unanimous consent
    (VIII, 3420); but where a second is not required on a motion to suspend
    the rules under former clause 2 of rule XXVII (current clause 1 of rule
    XV), the motion may be withdrawn at any time before action is taken
    thereon (July 27, 1981, p. 17563). A motion may be withdrawn although an
    amendment may have been offered and be pending (V, 5347; VI, 373; VIII,
    2639), and in the House an amendment, whether simple or in the nature of
    a substitute, may be withdrawn at any time before an amendment is
    adopted thereto or decision is had thereon (VI, 587; VIII, 2332, 2764);

      A decision which prevents withdrawal may consist of the ordering of
    the yeas and nays (V, 5353), either directly on the motion or on a
    motion to lay it on the table (V, 5354), the ordering of the previous
    question (V, 5355; June 29, 1995, p. ----), or the demand therefor (V,
    5489), or the refusal to lay on the table (V, 5351, 5352; VIII, 2640).
    Where the Speaker has put the question on adoption of a resolution to a
    voice vote without the ordering of the previous question, and the yeas
    and nays have not been ordered, the resolution may be withdrawn (V,
    5349; Feb. 26, 1985, p. 3501). A privileged resolution called up in the
    House is debated under the hour rule; and the Member calling up such a
    resolution is recognized for an hour notwithstanding the fact that the
    resolution has been previously considered, debated, and then withdrawn
    before action thereon (Apr. 8, 1964, pp. 7303-08).

      Where proceedings are postponed on a motion for the previous question
    pending a point of no quorum on a voice vote thereon (pursuant to former
    clause 5 of rule I (current clause 8 of rule XX)), the manager may
    withdraw the motion when it is again before the House as unfinished
    business. See proceedings of July 24, 1989, where the motion for the
    previous question was withdrawn and an amendment was offered to a
    special order (p. 15818).

      A Member having the right to withdraw a motion before a decision
    thereon has the resulting power to modify the motion (V, 5358; Oct. 23,
    1990, p. 32667), and a Member having the right to withdraw a motion to
    instruct conferees before a decision thereon has the resulting power to
    modify the motion by offering a different motion at the same stage of
    proceedings (July 14, 1993, p. 15661). A motion being withdrawn, all
    proceedings on an appeal arising from a point of order related to it
    fell thereby (V, 5356).

    [[Page 645]]

    Question of consideration
                                                          Rule XVI, clause 3
    Rule XVI, clause 3

    906. The question of consideration.

      3.  When a motion or
    proposition is entertained, the question, ``Will the House now consider
    it?'' may not be put unless demanded by a Member, Delegate, or Resident
    Commissioner.

      The question of consideration is an outgrowth of the practice of the
    House, and was in use as early as 1808. The rule was adopted in 1817 in
    order to limit its use. Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----). It is the means by which the House protects
    itself from business that it does not wish to consider (V, 4936; VIII,
    2436). The refusal to consider does not amount to the rejection of a
    bill or prevent its being brought before the House again (V, 4940), and
    an affirmative vote does not prevent the question of consideration from
    being raised on a subsequent day when the bill is again called up as
    unfinished business (VIII, 2438). It has once been held that a question
    of privilege which the House has refused to consider may be brought up
    again on the same day (V, 4942). The question of consideration is not
    debatable (VIII, 2447), and thus not subject to the motion to lay on the
    table (Oct. 4, 1994, p. 27643). See also clause 6 of rule XIV (Sec. 884,
    supra), which provides that questions relating to the priority of
    business are not debatable.

    Sec. 907. Raising the question of consideration.

      A  Member
    may demand the question of consideration, although the Member in charge
    of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but
    after debate has begun the demand may not be made (V, 4937-4939). It has
    been admitted, however, after the making of a motion to lay on the table
    (V, 4943). The demand for the question of consideration may not be
    prevented by a motion for the previous question (V, 5478), but after the
    previous question is ordered it may not be demanded (V, 4965, 4966),
    even on another day, unless other business has intervened (V, 4967,
    4968). The question of consideration being pending, a motion to refer is
    not in order (V, 5554).

    [[Page 646]]

      The intervention of an adjournment does not destroy the right to raise
    the question of consideration (V, 4946), but this right did not hold
    good in a case where the yeas and nays had been ordered and the House
    had adjourned pending the failure of a quorum on the roll call (V,
    4949). A question of consideration undisposed of at an adjournment does
    not recur as unfinished business on a succeeding day (V, 4947, 4948). It
    is not in order to reconsider the vote whereby the House refuses to
    consider a bill (V, 5626, 5627), although it is in order to reconsider
    an affirmative vote on the question of consideration (Oct. 4, 1994, p.
    27644).

    Sec. 908. Questions subject to the question of
    consideration.

      The  question of consideration may be demanded against a
    matter of the highest privilege, such as the right of a Member to his
    seat (V, 4941), a question involving the privilege of the House (VI,
    560), against the motion to reconsider (VIII, 2437), but not against a
    bill returned with the President's objection (V, 4960, 4970). It may not
    be raised against a proposition before the House for reference merely,
    as a petition (V, 4964). It may not be demanded against a class of
    business in order under a special order or rule, but may be demanded
    against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may
    be raised against a bill which has been made a special order (IV, 3175;
    V, 4953-4957), unless the order provides for immediate consideration (V,
    4960), and it may be raised against a bill on the Union Calendar on
    Calendar Wednesday before resolving into the Committee of the Whole even
    after one Wednesday has been devoted to it (VIII, 2447); but it may not
    be raised against a report from the Committee on Rules relating to the
    order of considering individual bills (V, 4961-4963; VIII, 2440, 2441).

      The question of consideration may not be raised on a motion relating
    to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, p.
    9216); to a motion to discharge a committee (V, 4977); or against a
    motion to take from the Speaker's table Senate bills substantially the
    same as House bills already favorably reported and on the House Calendar
    (VIII, 2443). On a motion to go into Committee of the Whole to consider
    a bill the House expresses its wish as to consideration by its vote on
    this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 1958, p. 9216).

    Sec. 909. Relation of question of consideration to points of
    order.

      A  point of order against the eligibility for consideration of a
    bill which if sustained might prevent consideration should be made and
    decided before the question of consideration is put (V, 4950, 4951; VII,
    2439), but if the point relates merely to the manner of considering, it
    should be passed on afterwards (V, 4950). In general, after the House
    has decided to consider, a point of order raised with the object of
    preventing consideration, in whole or part, comes too late (IV, 4598; V,
    4952, 6912-6914), but on a conference report the question of
    consideration may be demanded before points of order are raised against
    the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976,
    p. 33019).

    [[Page 647]]

    respect to the proposition against which they are lodged (after 20
    minutes of debate) (sec. 426(b); 2 U.S.C. 658e(b)). See Sec. 1127,
    infra.

    Sec. 910. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of
    the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes
    several requirements on committees with respect to ``Federal mandates''
    (secs. 423-424; 2 U.S.C. 658b-c), establishes points of order to to
    permit separate votes on whether to enforce those requirements (sec.
    425; 2 U.S.C. 658d), and permits a vote on the question of consideration
    of a rule or order waiving such points of order in the House (sec.
    426(a); 2 U.S.C. 658e(a)). The latter provision also prescribes that
    such points of order be disposed of by the question of consideration
    with

                                                          Rule XVI, clause 4
    Rule XVI, clause 4
    Precedence of motions

    911. Precedence of privileged motions.

      4.  (a) When a
    question is under debate, only the following motions may be entertained
    (which shall have precedence in the following order):

          (1) To adjourn.

          (2) To lay on the table.

          (3) For the previous question.

          (4) To postpone to a day certain.

          (5) To refer.

          (6) To amend.

          (7) To postpone indefinitely.

      (b) A motion to adjourn, to lay on the table, or for the previous
    question shall be decided without debate. A motion to postpone to a day
    certain, to refer, or to postpone indefinitely, being decided, may not
    be allowed again on the same day at the same stage of the question.

      (c)(1) It shall be in order at any time for the Speaker, in his
    discretion, to entertain a motion--

          (A) that the Speaker be authorized to declare a recess; or

          (B) that when the House adjourns it stand adjourned to a day and
    time certain.

      (2) Either motion shall be of equal privilege with the motion to
    adjourn and shall be decided without debate.

    [[Page 648]]

    3, 1973, pp. 26-27), and amended in the 102d Congress to enable a
    privileged, nondebatable motion for recess authority (H. Res. 5, Jan. 3,
    1991, p. 39). When the House recodified its rules in the 106th Congress,
    the provision of this clause addressing the motion for the previous
    question was transferred to clause 2 of rule XIX (H. Res. 5, Jan. 6,
    1999, p. ----).
      The first form of this clause appears in 1789, but amendments have
    been made at various times (V, 5301; VIII, 2757). Paragraph (c) (former
    final two sentences of the clause) were added in the 93d Congress to
    enable a privileged, nondebatable motion to fix the adjournment (H. Res.
    6, Jan.

      The application of the first sentence of the clause is confined to
    cases wherein a question is ``under debate'' (V, 5379). It has been held
    that a question ceases to be ``under debate'' after the previous
    question has been ordered (V, 5415). But with the exception of the
    motion to adjourn it is obvious that the motions specified in this rule
    can only be used when some question is ``under debate.''

    [[Page 649]]

    a motion to adjourn pending a vote on a proposition, where a special
    order provided that the House vote thereon without intervening motion
    (IV, 3211-3213).

    Sec. 912. The motion to adjourn.

      The  motion to adjourn not
    only has the highest precedence when a question is under debate, but,
    with certain restrictions, it has the highest privilege under all other
    conditions. Even questions of privilege (III, 2521), such as a motion
    privileged under the Constitution (VIII, 2641), the filing of a
    privileged report pursuant to former clause 4(a) of rule XI (current
    clause 5 of rule XIII) (Apr. 29, 1985, p. 9699), a motion to suspend the
    rules (Aug. 11, 1992, p. 23086), and the motion to reconsider yield to
    it (V, 5605), and a conference report may defer it only until the report
    is before the House (V, 6451-6453). Pursuant to clause 6(b) of rule XIII
    or clause 1(b) of rule XV, only one motion to adjourn is in order,
    pending consideration of a privileged report from the Committee on Rules
    or a motion that the House suspend the rules, respectively. The motion
    may be made after the yeas and nays are ordered and before the roll call
    has begun (V, 5366), before the reading of the Journal (IV, 2757) or the
    Speaker's approval thereof (Speaker Wright, Nov. 2, 1987, p. 30386),
    pending a motion to reconsider (Sept. 20, 1979, p. 25512), after the
    House rejects a motion to table a motion to instruct conferees and
    before the vote occurs on the motion to instruct (May 29, 1980, pp.
    12717-19), or when the Speaker is absent and the Clerk is presiding (I,
    228), and in the absence of a quorum has precedence over the motion for
    a call of the House (VIII, 2642), takes priority of a motion to dispense
    with further proceedings under the call (VIII, 2643), and takes
    precedence of a motion directing the Sergeant-at-Arms to arrest
    absentees during a call of the House (June 6, 1973, p. 18403). But the
    motion to adjourn may not interrupt a Member who has the floor (V, 5369,
    5370; VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. ----) as, for
    example, by virtue of unanimous-consent permission to announce to the
    House the legislative program (Dec. 14, 1982, p. 30549), or a call of
    the yeas and nays (V, 6053), or the actual act of voting by other means
    (V, 5360), or be made after the House has voted to go into Committee of
    the Whole (IV, 4728; V, 5367, 5368), or defer the right of a Member to
    take the oath (I, 622) and may not be repeated in the absence of
    intervening business (Speaker Albert, July 31, 1975, p. 26243); and when
    no question is under debate it may not displace a motion to fix the day
    to which the House shall adjourn (V, 5381). The Speaker has refused to
    recognize for

      When the House has fixed the hour of daily meeting, the simple motion
    to adjourn may neither be amended (V, 5754) by specifying a particular
    day (V, 5360) or hour (V, 5364) (but see Sec. 913, infra, for a
    discussion of the equally privileged motion to fix the day and time to
    which the House shall adjourn); nor by stating the purposes of
    adjournment (V, 5371, 5372; VIII, 2647). However, when the hour of daily
    meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363).
    A motion to adjourn is in order in simple form only (VIII, 2647), is not
    debatable (V, 5359), may not be laid on the table (Aug. 3, 1990, p.
    22195), is not in order in Committee of the Whole (IV, 4716), and is not
    entertained when the Committee of the Whole rises to report proceedings
    incident to securing a quorum (VI, 673; VIII, 2436). After the motion is
    made neither another motion nor an appeal may intervene before the
    taking of the vote (V, 5361). When the House adopts the motion to
    adjourn, it must adjourn immediately; and a unanimous-consent request
    that the House proceed to the calling of special-order speeches is not
    in order (Sept. 27, 1993, p. 22608).

    [[Page 650]]

    able and the precedence conferred on the motion to table only applies to
    a question that is ``under debate'' (Nov. 17, 1981, p. 27770).

    Sec. 913. Motion to fix the day to which the House shall
    adjourn and motion to authorize the Speaker to declare a
    recess.

      The  motion to fix the day and time to which the House shall
    adjourn, in its present form, was included in this clause of rule XVI
    and given privileged status in the 93d Congress (H. Res. 6, Jan. 3,
    1973, p. 26). At several times during the 19th Century, the motion to
    fix the day to which the House should adjourn was included within the
    rule as to the precedence of motions but was dropped because of its use
    in obstructive tactics (V, 5301, 5379). The following precedents relate
    to the use of the motion in its earlier form: No question being under
    debate, a motion to fix the day to which the House should adjourn,
    already made, was held not to give way to a motion to adjourn (V, 5381).
    But if the motion to adjourn be made first, the motion to fix the day or
    for a recess is not entertained (V, 5302). The motion to fix the day is
    not debatable under the practice of the House (V, 5379, 5380; VIII,
    2648, 3367), requires a quorum for adoption (IV, 2954; June 19, 1975, p.
    19789; June 22, 1976, p. 19755), and is only in order if offered on the
    day on which the adjournment applies (Sept. 23, 1976, p. 32104). The
    House may convene and adjourn twice on the same calendar day pursuant to
    a motion under this clause that when the House adjourn it adjourn to a
    time certain later in the day, thereby meeting for two legislative days
    on the same calendar day (Nov. 17, 1981, p. 27771; Oct. 29, 1987, p.
    29933; June 29, 1995, p. ----). When the Speaker exercises his
    discretion to entertain at any time a motion that when the House adjourn
    it stand adjourned to a day and time certain, the motion is of equal
    privilege with the simple motion to adjourn and takes precedence over a
    pending question on which the vote has been objected to for lack of a
    quorum (Nov. 17, 1981, p. 27770). The motion is not subject to the
    motion to lay on the table since it is not debat

      Under the express terms of clause 4, the motion to authorize the
    Speaker to declare a recess is nondebatable and has equal privilege with
    the motion to adjourn. The House (without the consent of the Senate) may
    authorize the Speaker to declare a recess for up to three days (Dec. 15,
    1995, p. ----).

    Sec. 914. Motion to lay on the table.

      The  motion to lay on
    the table is used in the House for a final, adverse disposition of a
    matter without debate (V, 5389), and is in order before the Member
    entitled to prior recognition for debate has begun his remarks (V, 5391-
    5395; VIII, 2649, 2650). Under the explicit terms of this clause, the
    motion is not debatable (Oct. 17, 1991, p. 26749). The motion is
    applicable to a motion to reconsider (VIII, 2652, 2659), a motion to
    postpone to a day certain (VIII, 2654, 2657), a resolution presenting a
    question of privilege (VI, 560), a privileged resolution offered at the
    direction of a party caucus electing Members to committees (Feb. 5,
    1997, p. ----), an appeal from a decision of the Chair (VIII, 3453), a
    motion to discharge a committee from a resolution of inquiry (VI, 415),
    a proposal to investigate with a view to impeachment (VI, 541), a
    concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512), and
    a resolution to expel a Member (Oct. 1, 1976, p. 35111). But a question
    of privilege (affecting the right of a Member to a seat) that has been
    laid on the table may be taken therefrom on motion made and agreed to by
    the House (V, 5438). The motion to lay on the table has the precedence
    given it by the rule, but may not be made after the previous question is
    ordered (V, 5415-5422; VIII, 2655), or even after the yeas and nays have
    been ordered on the demand for the previous question (V, 5408, 5409);
    but pending the demand for the previous question on a motion that is
    under debate, the motion to lay the primary motion on the table is
    preferential and is voted on first (Speaker Albert, Sept. 22, 1976, pp.
    31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400). The previous
    question having been ordered on a bill to final passage, the motion to
    lay the bill on the table may not then be offered pending a motion to
    reconsider the vote whereby the bill had been passed or rejected (Sept.
    20, 1979, p. 25512).

    [[Page 651]]

    a proposed amendment to the table (V, 5435, 5436); the original question
    does not accompany an appeal (V, 5434); a resolution does not accompany
    another resolution with which it is connected, or a preamble (V, 5248,
    5430); and a petition does not accompany the motion to receive it when
    the latter is laid on the table (V, 5431-5433); a bill does not
    accompany a motion to instruct conferees which is laid on the table
    (VIII, 2658).
      When a bill is laid on the table, pending motions connected therewith
    go to the table also (V, 5426, 5427); and when a proposed amendment is
    laid on the table the pending bill goes there also (V, 5423; VIII,
    2656), and if a pending amendment to a special order reported from the
    Committee on Rules were tabled, it would carry the resolution with it
    and is thus considered dilatory under former clause 4(b) of rule XI
    (current clause 6(b) of rule XIII) (Sept. 25, 1990, p. 25575). This rule
    holds good as to a House bill with Senate amendments (V, 5424, 6201-
    6203; Sept. 28, 1978, p. 32334), but laying on the table the motion to
    postpone consideration of Senate amendments was held not to carry to the
    table pending motions for their disposition (VIII, 2657). The Journal
    does not accompany

      A motion to lay on the table a motion to reconsider the vote by which
    an amendment to a resolution had been agreed to would not carry the
    resolution to the table (VIII, 2652).

      The motion is not in order in Committee of the Whole (IV, 4719, 4720;
    VIII, 2330, 2556a, 3455; Mar. 16, 1995, p. 8112; July 21, 1999, p. ----
    ), or on motions to go into the Committee of the Whole (VI, 726). It may
    not be amended (V, 5754), for example, to operate for a specified time
    (Oct. 17, 1991, p. 26749), or applied to the motions for adjournment
    (Aug. 3, 1990, p. 22195), the previous question (V, 5410, 5411; Oct. 4,
    1994, p. 27649), to suspend the rules (V, 5405), to commit after the
    previous question is ordered (V, 5412-5414; VIII, 2653, 2655), or to any
    motion relating to the order of business (V, 5403, 5404). It may not be
    applied to a motion to discharge a committee under former clause 3 of
    rule XXVII (current clause 2 of rule XV) (June 11, 1945, p. 5892) but
    may be applied to the motion to discharge a committee from consideration
    of a resolution of inquiry (V, 5407). It is generally not applicable to
    motions that are neither debatable nor amendable and hence cannot be
    applied to a motion to dispense with further proceedings under a call of
    the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-54), or to a
    motion that when the House adjourn it stand adjourned to a day and time
    certain (Nov. 17, 1981, p. 27770). The motion to lay on the table is
    applicable to debatable secondary or privileged motions for disposal of
    another matter; thus a motion to refer (V, 5433; Aug. 13, 1982, pp.
    20969, 20975-78) or a motion to recede and concur in a Senate amendment
    in disagreement may be laid on the table (Speaker O'Neill, Feb. 22,
    1978, p. 4072) without carrying the pending matter to the table. The
    motion is not applicable to a conference report (V, 6540).

    [[Page 652]]

    ished business in the House, recognition for debate does not begin anew
    but recommences from the point where it was interrupted (June 10, 1980,
    p. 13801). It is not in order to postpone pending business to Calendar
    Wednesday (VIII, 2614), but if so postponed by consent, when
    consideration is concluded on that Wednesday, the remainder of the day
    is devoted to business in order under the Calendar Wednesday rule (VII,
    970). The motion is not available in Committee of the Whole (July 14,
    1998, p. ----), but a motion that a bill be reported with the
    recommendation that it be postponed is in order in the Committee of the
    Whole proceeding under the general rules of the House (IV, 4765; VIII,
    2372), is debatable (VIII, 2372), and is a preferential motion (VIII,
    2372, 2615), but debate is confined to the advisability of postponement
    only (VIII, 2372). It has been held in order to postpone an appeal
    (VIII, 2613). A bill under consideration in the morning hour may not be
    made a special order by a motion to postpone to a day certain (IV,
    3164).

    Sec. 915. The motions to postpone.

      As  indicated in the rule,
    the motions to postpone are two in number and distinct: One to postpone
    to a day certain; the other to postpone indefinitely. Each must apply to
    the whole and not a part of the pending proposition (V, 5306). Neither
    may be entertained after the previous question is ordered (V, 5319-5321;
    VIII, 2616, 2617), or be applied to a special order providing for the
    consideration of a class of bills (V, 4958); but when a bill comes
    before the House under the terms of a special order that assigns a day
    merely, a motion to postpone may be applied to the bill (IV, 3177-3182).
    Business postponed to a day certain is in order on that day immediately
    after the approval of the Journal and disposition of business on the
    Speaker's table, unless displaced by more highly privileged business
    (VIII, 2614). Where consideration of a measure postponed to a day
    certain resumes as unfin

      The motion to postpone to a day certain may not specify the hour (V,
    5307). The motion may be amended (V, 5754; VIII, 2824). It is debatable
    within narrow limits only (V, 5309, 5310), the merits of the bill to
    which it is applied not being within those limits (V, 5311-5315; VIII,
    2372, 2616, 2640).

      The motion to postpone indefinitely opens to debate all the merits of
    the proposition to which it is applied (V, 5316). It may not be applied
    to the motion to refer (V, 5317), to suspend the rules (V, 5322), or
    motion to resolve into the Committee of the Whole (VI, 726), and it is
    reasonable to infer that it is equally inapplicable to the other
    secondary or privileged motions enumerated in the rule and to motions
    relating to the order of business. However, the motion to postpone
    indefinitely may be applied to the motion that the House resolve itself
    into the Committee of the Whole pursuant to the provisions of a statute,
    enacted under the rulemaking power of the House of Representatives, that
    specifically allows such a motion in the consideration of a resolution
    disapproving a certain executive action (Mar. 10, 1977, p. 7021; Aug. 3,
    1977, p. 26528).

    [[Page 653]]

    debatable, whether a minority Member or a Member opposed to the question
    to which the motion is applied is entitled to a priority of recognition,
    and whether the prohibition against a special order reported from the
    Committee on Rules denying a motion to recommit a bill or joint
    resolution pending final passage is applicable. For a discussion of the
    motion to recommit, see the annotations under clause 2 of rule XIX. The
    motion may not be used in direct form in Committee of the Whole (IV,
    4721; VIII, 2326); and where a bill is being considered under the
    provisions of a resolution stating that ``at the conclusion of the
    consideration of the bill for amendment under the five-minute rule the
    Committee shall rise and report the bill back to the House with such
    amendments as may have been adopted,'' a motion that the Committee rise
    and report to the House with the recommendation that the bill be
    recommitted to the legislative committee reporting it is not in order
    (Aug. 10, 1950, p. 12219). It may be made after the engrossment and
    third reading of a bill, even though the previous question may not have
    been ordered (V, 5562, 5563).

    Sec. 916. The motions to refer.

      The  parliamentary motion to
    refer is explicitly recognized and given status in four different
    situations under House rules: The ordinary motion provided for in this
    clause; the motion to recommit with or without instructions after the
    previous question has been ordered on a bill or joint resolution to
    final passage, provided in clause 2 of rule XIX; the motion to commit,
    with or without instructions, pending the motion for or after ordering
    of the previous question as provided in clause 1 of rule XIX (V, 5569);
    and the motion to refer, with or without instructions, pending a vote in
    the House to strike out the enacting clause as provided in clause 9 of
    rule XVIII. The terms ``refer,'' ``commit,'' and ``recommit'' are
    sometimes used interchangeably (V, 5521; VIII, 2736), but when used in
    the precise manner and situation contemplated in each rule, reflect
    certain differences based upon whether the question to which applied is
    ``under debate,'' whether the motion itself is

      If the previous question is rejected on a preferential motion to
    dispose of Senate amendments in disagreement, the preferential motion
    remains ``under debate'' and the motion to refer may be offered under
    this clause (Speaker Albert, Sept. 16, 1976, p. 30887). A motion to
    refer takes precedence over motion to amend when a question is under
    debate (such as where the previous question has been rejected), and the
    Chair recognizes the Member seeking to offer the preferential motion
    before the less preferential motion is read (Aug. 13, 1982, pp. 20969,
    20975-78).

      The simple motion to refer under the first sentence of this clause is
    debatable within narrow limits (V, 5054) and may be offered by any
    Member (who need not qualify as being in opposition to the pending
    question) when that question is ``under debate,'' i.e., when the
    previous question has not been moved or ordered, but the merits of the
    proposition sought to be referred may not be brought into the debate (V,
    5564-5568; VI, 65, 549; VIII, 2740). The motion to refer with
    instructions is also debatable (V, 5561); but the previous question is
    preferential (Mar. 22, 1990, p. 4997).

    [[Page 654]]

    Sec. 917. Instructions with the motion to refer.

      The  motion
    to refer may specify that the reference shall be to a select as well as
    a standing committee (IV, 4401) without regard for rules of jurisdiction
    (IV, 4375; V, 5527) and may provide for reference to another committee
    than that reporting the bill (VIII, 2696, 2736), or to the Committee of
    the Whole (V, 5552, 5553), and even that the committee be endowed with
    power to send for persons and papers (IV, 4402). Unless the previous
    question is ordered the motion may be amended (VIII, 2712, 2738), in
    part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding
    instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982,
    pp. 20969, 20975-78).

    Sec. 918. Repetition of motions.

      The  rule specifies that the
    motions to postpone and refer shall not be repeated on the same day at
    the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under
    the practice, also, a motion to adjourn may be repeated only after
    intervening business (V, 5373; VIII, 2814), debate (V, 5374), the
    ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on
    a question of order (V, 5378), reception of a message (V, 5375). The
    motion to lay on the table may also be repeated after intervening
    business (V, 5398-5400); but the ordering of the previous question (V,
    5709), a call of the House (V, 5401), or decision of a question of order
    have been held not to be such intervening business, it being essential
    that the pending matter be carried to a new stage in order to permit a
    repetition of the motion (V, 5709).

                                                          Rule XVI, clause 5
    Rule XVI, clause 5
    Divisibility

    919. Division of the question.

      5.  (a) Except as provided in
    paragraph (b), a question shall be divided on the demand of a Member,
    Delegate, or Resident Commissioner before the question is put if it
    includes propositions so distinct in substance that, one being taken
    away, a substantive proposition remains.

      (b)(1) A motion or resolution to elect members to a standing committee
    of the House, or to a joint standing committee, is not divisible.

      (2) A resolution or order reported by the Committee on Rules providing
    a special order of business is not divisible.

    Sec. 920. Motion to strike out and insert not
    divisible.

      (c)  A motion to strike and insert is not divisible, but
    rejection of a motion to strike does not preclude another motion to
    amend.

    [[Page 655]]

    entered on the Journal) was transferred to clause 2(c)(2) of rule II,
    paragraphs (a) and (b) were found in former clause 6, and paragraph (c)
    was found in the first part of former clause 7 (H. Res. 5, Jan. 6, 1999,
    p. ----).
      Paragraphs (a) and (b) (former clause 6) was first adopted in 1789,
    and was amended in 1837 (V, 6107). Paragraph (b)(1) (first part of the
    former proviso) was adopted April 2, 1917 (VIII, 2175), and paragraph
    (b)(2) (last part of the former proviso) was adopted May 3, 1933 (VIII,
    3164). Paragraph (c) (first part of former clause 7) was adopted in
    1811, and amended in 1822 (V, 5767). When the House recodified its rules
    in the 106th Congress, former clause 5 of this rule (requiring time of
    adjournment to be

      The House may by adoption of a resolution reported from the Committee
    on Rules suspend the rule providing for the division of a question (VII,
    775).

    Sec. 921. Principles governing the division of the
    question.

      The  principle that there must be at least two substantive
    propositions in order to justify division is insisted on rigidly (V,
    6108-6113), as failure to do so produces difficulties (III, 1725). The
    question may not be divided after it has been put (V, 6162), or after
    the yeas and nays have been ordered (V, 6160, 6161); but division of the
    question may be demanded after the previous question is ordered (V,
    5468, 6149; VIII, 3173). In passing on a demand for division the Chair
    considers only substantive propositions and not the merits of the
    question presented (V, 6122). It seems to be most proper, also, that the
    division should depend on grammatical structure rather than on the
    legislative propositions involved (I, 394; V, 6119), but a question
    presenting two propositions grammatically is not divisible if either
    does not constitute a substantive proposition when considered alone
    (VII, 3165). Thus a resolution censuring a Member and adopting a report
    of a committee thereon, which recommends censure on the basis of the
    committee's findings, is not divisible since those questions are
    substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and
    an adjournment resolution that also authorizes the receipt of veto
    messages from the President during the adjournment is not subject to a
    division of the question, as the receipt authority would be nonsensical
    standing alone (June 30, 1976, p. 21702). However, a concurrent
    resolution on the budget is subject to a demand for a division of the
    question if, for example, the resolution grammatically and substantively
    relates to different fiscal years (May 7, 1980, pp. 10185-87), or
    includes a separate, hortatory section having its own grammatical and
    substantive meaning (Speaker Foley, Mar. 5, 1992, p. 4657).

    [[Page 656]]

      Decisions have been made that a resolution affecting two individuals
    may be divided, although such division may involve a reconstruction of
    the text (I, 623; V, 6119-6121). The better practice seems to be,
    however, that this reconstruction of the text should be made by the
    adoption of a substitute amendment of two branches, rather than by
    interpretation of the Chair (II, 1621). But merely formal words, such as
    ``resolved,'' may be supplied by interpretation of the Chair (V, 6114-
    6118). A resolution with two resolve clauses separately certifying the
    contemptuous conduct of two individuals is divisible (Feb. 27, 1986, p.
    3040). A measure containing a series of simple resolutions (V, 6149),
    and a resolution confirming several nominations (Speaker Albert, Mar.
    19, 1975, p. 7344) may be divided. A resolution of impeachment
    presenting discrete articles may be divided (VI, 545; Dec. 18, 1998, p.
    ----).

      Except on resolutions to elect Members to committees or on resolutions
    reported from the Committee on Rules providing a special order of
    business, where division of the question is prohibited by this clause, a
    resolution reported from the Committee on Rules may be divided where
    otherwise appropriate. Thus a resolution reported from that committee
    establishing several select committees in grammatically divisible
    titles, not being a special order of business, is subject to a demand
    for a division of the question (Jan. 8, 1987, p. 1036). However, it is
    not in order to demand a division of a subject incorporated by reference
    in the pending text, as when a resolution to adopt a series of rules,
    not made a part of the resolution, was before the House, it was held not
    in order to demand a separate vote on each rule (V, 6159).

      The question on engrossment and third reading under former clause 1 of
    rule XXI (current clause 8(c) of rule XVI) is not divisible (Speaker
    Foley, Aug. 3, 1989, p. 18544); and in voting on the engrossment or
    passage of a bill or joint resolution, a separate vote may not be
    demanded on the various portions (V, 6144-6146; VIII, 3172), or on the
    preamble (V, 6147).

      Where an amendment is offered to an appropriation bill providing that
    no part of the appropriation may be paid to named individuals, the
    amendment may be divided for a separate vote on each name (Feb. 5, 1943,
    p. 645). An amendment (to a joint resolution making continuing
    appropriations) containing separate paragraphs appropriating funds for
    different programs may be substantively and grammatically divisible
    although preceded by the same prefatory language applicable to all the
    paragraphs, and the Clerk will read each paragraph as including the
    prefatory language prior to the Chair's putting the question thereon
    (Nov. 8, 1983, p. 31495). A division may be demanded on an amendment to
    strike out various unrelated phrases (VIII, 3166; Mar. 28, 1984, p.
    6898). An amendment proposing to change a figure in one paragraph of an
    appropriation bill and also to insert a new (``fetch-back'') paragraph
    at another point in the bill is divisible (July 15, 1993, p. 15843).
    Absent a contrary order, the question may be divided on an amendment en
    bloc comprising discrete instructions to amend, even though unanimous
    consent has just been granted for the en bloc consideration (July 25,
    1990, p. 19174; July 18, 1991, p. 18851).

    [[Page 657]]

    (V, 6127, 6128). When, however, an amendment simply adding or inserting
    is proposed, it is in order to divide the amendment (V, 6129-6133). To a
    motion to strike certain words and insert others, a simple motion to
    strike out the words may not be offered as a substitute, as it would
    have the effect of dividing the motion to strike out and insert (June
    29, 1939, pp. 8282, 8284; June 19, 1979, pp. 15566-68).
      A division of the question may not be demanded on a motion to strike
    out and insert (V, 5767, 6123; VIII, 3169), including substitutes for
    pending amendments (V, 6127; VIII, 3168; Aug. 17, 1972, pp. 28887-90;
    July 2, 1980, pp. 18288-92), although an amendment comprising two
    discrete instructions to strike and insert may be divided (June 4, 1998,
    p. ----) and a perfecting amendment to an amendment may be divided if
    not in the form of a motion to strike out and insert (V, 6131). When it
    is proposed to strike out and insert not one but several connected
    matters, it is not in order to demand a separate vote on each of those
    matters (V, 6124, 6125), as when an amendment in the nature of a
    substitute containing several resolutions is proposed; but after this
    amendment has been agreed to, it is in order to demand a division of the
    original resolution as amended

      A division may be demanded on the motion to recede from disagreement
    to a Senate amendment and concur therein (see Sec. 525, supra; V, 6209;
    VIII, 3197-3199, 3203), but may not be demanded on Senate amendments
    when sending to conference (V, 6151-6156; VIII, 3175). A division of the
    question may not be demanded, with respect to a motion to concur in a
    Senate amendment with an amendment, between concurring and amending
    (VIII, 3176), and may not be demanded on separate parts of the proposed
    amendment if it is not properly divisible under the same tests that
    apply to any other amendment (Aug. 3, 1973, pp. 28124-26; Oct. 11, 1984,
    p. 32188). Thus a proposed amendment to a Senate amendment is not
    divisible if in the form of a motion to strike out and insert (Oct. 15,
    1986, p. 32135). Each Senate amendment must be voted on as a whole
    (VIII, 3175) but the Committee of the Whole having reported a Senate
    amendment with the recommendation that it be agreed to with an
    amendment, a separate vote was had on the amendment to the Senate
    amendment (VIII, 2420). When Senate amendments to a House bill are
    considered in the House, a separate vote may be had on each amendment
    (VIII, 2383, 2400, 3191), and separate votes may be had on nongermane
    portions of Senate amendments as provided in clause 10 of rule XXII.

      When a motion is made to lay several connected propositions on the
    table a division is not in order (V, 6138-6140), nor is a division in
    order where the previous question is moved on two related propositions,
    as on a special order reported from the Committee on Rules and a pending
    amendment thereto (Sept. 25, 1990, p. 25575). On a motion to commit with
    instructions it is not in order to demand a separate vote on the
    instructions or various branches thereof (V, 6134-6137; VIII, 2737,
    3170; Speaker Rayburn, Apr. 11, 1956, p. 6157; June 29, 1993, p. 14618).
    However, an amendment reported forthwith pursuant to instructions
    contained in a successful motion to recommit may be divided on the
    question of its adoption if composed of substantively and grammatically
    distinct propositions (June 29, 1993, p. 14618). A motion to recommit a
    bill to conference with various instructions may not be divided (Sept.
    29, 1994, p. 27681). However, a motion to instruct conferees after 20
    days of conference (when multiple motions are in order) may be divided
    (Speaker Byrns, May 26, 1936, p. 7951), provided that separate
    substantive propositions are presented (Speaker Rayburn, May 9, 1946, p.
    4750).

    [[Page 658]]

    a motion to suspend the rules (V, 6141-6143; VIII, 3171). On a decision
    of the Speaker involving two distinct questions, there may be a division
    on appeal (V, 6157). A proposition reported from the Committee of the
    Whole as an entire and distinct amendment may not be divided, but must
    be voted on in the House as a whole (IV, 4883-4892). An amendment
    reported forthwith pursuant to instructions contained in a successful
    motion to recommit may be divided on the question of its adoption if
    composed of substantively and grammatically distinct propositions (June
    29, 1993, p. 14618). A separate vote may not be demanded in the House on
    an amendment adopted in the Committee of the Whole to an amendment
    (VIII, 2422, 2426, 2427).
      A division of the question may not be demanded on bills or joint
    resolutions for reference (IV, 4376) or change of reference (VII, 2125),
    a motion to elect Members to committees of House (VIII, 2175, 3164), a
    question against which a point of order is pending (VIII, 3432), a
    proposition under

      After the vote on the first member of the question, the second is open
    to debate and amendments, unless the previous question is ordered (see
    Sec. 482, supra). Where a motion to concur in a Senate amendment is
    divided pursuant to a special rule permitting that procedure, the Chair
    puts the question first on the first portion of the Senate amendment,
    and then on the remaining portion (Mar. 4, 1993, p. 4163). Where a
    division of the question is demanded on a portion of an amendment, the
    Chair puts the question first on the remaining portions of the
    amendment, and that portion on which the division is demanded remains
    open for further debate and amendment (Oct. 21, 1981, pp. 24785-89).
    However, where no further debate or amendment is in order on the divided
    portion, the Chair may put the question first on the divided portion(s)
    and then immediately on the remaining portion (Aug. 17, 1972, Deschler's
    Precedents, vol. 9, ch. 27, sec. 22.14; June 8, 1995, p. 15302). Where a
    division of the question is demanded on more than one portion of an
    amendment, the Chair may put the question first on the remaining
    portions of the amendment (if any), then (after further debate) on the
    first part on which a division is demanded, and then (after further
    debate) on the last part on which a division is demanded (Oct. 21, 1981,
    pp. 24785-89). Where the question on adopting an amendment is divided by
    special rule (rather than on demand from the floor), the Chair puts the
    question on each divided portion of the amendment in the order in which
    it appears (May 23, 1996, p. 12316).

      A demand for a division of the question on a separate portion of an
    amendment may be withdrawn before the question is put on the first
    portion thereof (July 15, 1993, p. 15843), but once the Chair has put
    the question on the first portion of the amendment, a demand for a
    division may be withdrawn only by unanimous consent (Sept. 9, 1976, pp.
    29538-40).

                                                          Rule XVI, clause 6
    Rule XVI, clause 6
    Amendments

    [[Page 659]]

    order to offer a further amendment by way of substitute for the original
    motion to amend, to which one amendment may be offered but which may not
    be voted on until the original amendment is perfected. An amendment may
    be withdrawn in the House at any time before a decision or amendment
    thereon. An amendment to the title of a bill or resolution shall not be
    in order until after its passage or adoption and shall be decided
    without debate.

    922. Amendments to text and to title.

      6.  When an amendable
    proposition is under consideration, a motion to amend and a motion to
    amend that amendment shall be in order, and it also shall be in

      This provision (former rule XIX) was adopted in 1880, with an
    amendment adding the portion in relation to the title in 1893. The rule
    of 1880, however, merely stated in form of rule what had been the
    practice of the House for many years (V, 5753). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former rule XIX (H. Res. 5, Jan. 6, 1999, p. ----). For further
    discussion see House Practice (1996), pp. 25-29, and Deschler's
    Precedents, vol. 9, ch. 27, secs. 15-19.

    [[Page 660]]

    amendments are disposed of prior to voting on substitutes for the
    original amendment and amendments thereto (July 26, 1984, p. 21253). An
    amendment in the third degree is not specified by the rule and is not
    permissible (V, 5754; VIII, 2580, 2888, 2891), even when the third
    degree is in the nature of a substitute for an amendment to a substitute
    (V, 5791; VIII, 2889). However, a substitute amendment may be amended by
    striking out all after its first word and inserting a new text (V, 5793,
    5794), as this, while in effect a substitute, is not technically so, for
    the substitute always proposes to strike out all after the enacting or
    resolving words in order to insert a new text (V, 5785, footnote) or to
    replace all the words of an amendment; and the Chair will not look
    behind the form of the amendment in determining whether it is a
    perfecting amendment or a substitute (June 13, 1994, p. 12731). To
    qualify as a substitute, an amendment must treat in the same manner the
    same subject carried by the amendment for which offered (VIII, 2879). It
    must also result in language similar but not identical to the original
    text proposed to be changed by the initial amendment (Deschler's
    Precedents, vol. 9, ch. 27, sec. 18.15). To an amendment inserting new
    text in a bill, an amendment not only inserting similar language but
    also striking out original text of the bill is not in order as a
    substitute (VIII, 2880; Sept. 8, 1976, p. 29237). To an amendment adding
    a new section, an amendment making perfecting changes in the bill rather
    than in the amendment is not a proper perfecting amendment, but may if
    germane be offered as a substitute for the amendment (Apr. 26, 1984, p.
    10213). Where, pursuant to a special rule, a committee amendment in the
    nature of a substitute, printed in the bill, is being read as original
    text for purpose of amendment, there may be pending to that text the
    four stages of amendment permitted by this rule (Apr. 23, 1969, p.
    10066). An amendment in the nature of a substitute may be proposed
    before amendments to the pending portion of original text have been
    acted on, but may not be voted on until such amendments have been
    disposed of (V, 5787). When a bill is considered by sections or
    paragraphs an amendment in the nature of a substitute is properly
    offered after the reading for amendment is concluded (V, 5788). But when
    it is proposed to offer a single substitute for several paragraphs of a
    bill that is being considered by paragraphs, the substitute may be moved
    to the first paragraph, with notice that, if agreed to, motions will be
    made to strike out the remaining paragraphs (V, 5795; VIII, 2898, 2900-
    2903; July 29, 1969, p. 21218). The substitute amendment, as well as the
    original proposition, may be perfected by amendments before the vote on
    it is taken (V, 5786). Where there is pending an amendment in the nature
    of a substitute, it is in order to offer a perfecting amendment to the
    pending portion of original text (VIII, 2861; Apr. 27, 1976, p. 11411;
    see also Procedure, ch. 27, sec. 13.8). An amendment in the nature of a
    substitute having been agreed to, the vote is then taken on the original
    proposition as amended (II, 983; V, 5799, 5800), and no further
    amendment is in order (Speaker O'Neill, Mar. 26, 1985, p. 6274). The
    substitute provided for in this rule has been construed as a substitute

    [[Page 661]]

    for the amendment and not as a substitute for the original text (VIII,
    2883). If a perfecting amendment to an amendment in the nature of a
    substitute, striking out all after the short title and inserting a new
    text, is agreed to, further amendments to the text so perfected are not
    in order, but amendments are in order to add new language at the end of
    the amendment in the nature of a substitute as amended (May 16, 1979, p.
    11420). An amendment offered as a substitute and rejected may again be
    offered as an original amendment without presenting an equivalent
    question, since in the first case the question is the relationship
    between the substitute and the amendment to which offered and in the
    second case the question is the relationship between the original
    amendment and the text of the bill (V, 5797; VIII, 2843), and an
    amendment considered with others en bloc and rejected may be offered
    separately at a subsequent time (Deschler's Precedents, vol. 9, ch. 27,
    sec. 35.15; Nov. 4, 1991, p. 29932). Thus, while an amendment that is
    amended by a substitute and then adopted as amended may not be reoffered
    in its original form if it would directly change the amended portion of
    the bill, where an amendment inserting new language in a bill is amended
    by a substitute inserting language in a different part of the bill and
    then adopted as amended, the original amendment may again be offered to
    the bill notwithstanding its displacement by the substitute, as the vote
    on the amendment as amended by the substitute is not equivalent to a
    direct vote on the original amendment (June 25, 1987, p. 17416). Under a
    ``modified-closed'' rule permitting only amendments printed in the
    report accompanying the rule, the Chair will permit an amendment to be
    offered in the form actually submitted for printing rather than
    requiring that it be offered in the erroneous form printed (Mar. 10,
    1994, p. 4405). Under the five-minute rule, the proponent of an
    amendment may not yield to another to offer an amendment to the
    amendment; rather an amendment to the amendment may be offered after the
    proponent of the pending amendment has explained it (Sept. 7, 1995, p.
    24071).

    Sec. 923. Conditions of the motion to amend.

      It  is not in
    order to offer more than one motion to amend of the same nature at a
    time (V, 5755; VIII, 2831), and two independent amendments may be voted
    on at once only by unanimous consent of the House (V, 5979). Amendments
    en bloc, once pending, are open to perfecting amendment at any point
    (June 12, 1991, p. 14337). An amendment must contain instructions to the
    Clerk as to the portion of the bill it seeks to amend and is subject to
    a point of order if not in proper form (Oct. 3, 1985, p. 25970). An
    amendment may not propose to change portions of a measure not yet read
    for amendment (Mar. 24, 1999, p. ----). A Member may not amend or modify
    his own amendment except by unanimous consent (Oct. 1, 1985, p. 25453);
    and where the Chair recognizes the proponent of an amendment to propound
    such a unanimous-consent request before commencing debate, the Chair
    does not charge time consumed under a reservation of objection against
    the proponent's time for debate on the amendment (Feb. 3, 1993, p. ----;
    May 27, 1993, p. ----). Discrete propositions to strike out and insert
    provisions on diverse pages and lines of a bill and to insert a new
    section on a separate subject may constitute separate amendments which
    may be offered en bloc only by unanimous consent, even when the bill has
    been considered as read and open to amendment at any point (Sept. 16,
    1981, Deschler's Precedents, vol. 9, ch. 27, sec. 11.26). But the four
    motions specified by the rule may be pending at one and at the same time
    (V, 5793; VIII, 2883, 2887). Once a perfecting amendment to an amendment
    is disposed of, the original amendment, as amended or not, remains open
    to further perfecting amendment (June 20, 1991, p. 15610), and all such

    [[Page 662]]

    Sec. 924. Relation of point of order to motion to
    amend.

      A  point of order against an amendment is timely if made or
    reserved prior to formal recognition of the proponent to commence debate
    thereon (July 16, 1991, p. 18391), but thereafter comes too late (V,
    6894, 6898-6899) except as provided in clauses 4 and 5(a) of rule XXI.
    To preclude a point of order, debate should be on the merits of the
    proposition (V, 6901). When enough of an amendment has been read to show
    that it is out of order, a point of order may be raised without waiting
    for the reading to be completed (V, 6886-6887; VIII, 2912, 3437), though
    the Chair may decline to rule until the entire proposition has been read
    (Dec. 14, 1973, pp. 41716-18). A timely reservation of a point of order
    by one Member inures to the benefit of any other Member who desires to
    press a point of order (V, 6906; July 18, 1990, p. 17930).

    Sec. 925. Withdrawal of the motion to amend.

      While  the rule
    provides that either an ordinary or substitute amendment may be
    withdrawn in the House (V, 5753) or ``in the House as in Committee of
    the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn
    or modified in Committee of the Whole except by unanimous consent (V,
    5221; VIII, 2564, 2859).

    Sec. 926. Precedence of the motion to amend.

      Pursuant  to
    clause 4 of rule XVI, the motion for the previous question takes
    precedence of a motion to amend (Nov. 8, 1971, p. 39944); and if the
    previous question is not ordered, the motion to refer also has
    precedence of the motion to amend (V, 5555; VI, 373). Amendments
    reported by a committee are acted on before those offered from the floor
    (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a
    pending section is considered before a committee amendment adding a new
    section at the end of the pending section (Oct. 4, 1972, pp. 33779-82),
    and there is a question as to the extent to which the chairman of the
    committee reporting a bill should be recognized to offer amendments to
    perfect it in preference to other Members (II, 1450). Amendments may not
    be offered by proxy (VIII, 2830). The motion to strike out the enacting
    clause has precedence of the motion to amend, and may be offered while
    an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion
    to amend takes precedence over a motion that the Committee of the Whole
    rise and report the bill with the recommendation that it pass (July 27,
    1937, p. 7699).

    Sec. 927. Relation of the motion to amend to other
    motions.

      With  some exceptions an amendment may attach itself to secondary
    and privileged motions (V, 5754). Thus, the motions to postpone, refer,
    amend, for a recess, and to fix the day to which the House shall adjourn
    may be amended (V, 5754; VIII, 2824). But the motions for the previous
    question, to lay on the table, to adjourn (V, 5754) and to go into
    Committee of the Whole to consider a privileged bill may not be amended
    (IV, 3078, 3079; VI, 723-725).

      An amendment to the title of a bill is not in order in Committee of
    the Whole (Jan. 29, 1986, p. 682).

                                                          Rule XVI, clause 7
    Rule XVI, clause 7
    Germaneness

    928. Germane amendments.

      7.  No motion or proposition on a
    subject different from that under consideration shall be admitted under
    color of amendment.

    [[Page 663]]

      This clause was adopted in 1789, and amended in 1822 (V, 5767, 5825).
    Before the House recodified its rules in the 106th Congress, this clause
    and clause 5(c) had occupied a single former clause 7 (H. Res. 5, Jan.
    6, 1999, p. ----).

      It introduced a principle not then known to the general parliamentary
    law (V, 5825), but of high value in the procedure of the House (V,
    5866). Prior to the adoption of rules, when the House is operating under
    general parliamentary law, as modified by the usage and practice of the
    House, an amendment may be subject to the point of order that it is not
    germane to the proposition to which offered (Jan. 3, 1969, p. 23). The
    principle of the rule applies to a proposition by which it is proposed
    to modify the pending bill, and not to a portion of the bill itself (V,
    6929); thus a point of order will not lie that an appropriation in a
    general appropriation bill is not germane to the rest of the bill (Dec.
    16, 1963, p. 24753). In general, an amendment simply striking out words
    already in a bill may not be ruled out as not germane (V, 5805; VIII,
    2918) unless such action would change the scope and meaning of the text
    (VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment
    ``to strike out the last word'' has been considered germane (July 28,
    1965, p. 18639). While a committee may report a bill or resolution
    embracing different subjects, it is not in order during consideration in
    the House to introduce a new subject by way of amendment (V, 5825). The
    rule that amendments should be germane applies to amendments reported by
    committees (V, 5806), but a resolution providing for consideration of
    the bill with committee amendments may waive points of order (Oct. 10,
    1967, p. 28406), and the point of order under this rule does not apply
    to a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of a nongermane amendment to a
    bill, since the amendment is not separately before the House during
    consideration of the special order (Feb. 24, 1993, p. 3542; July 27,
    1993, p. 17117). A resolution reported from the Committee on Rules
    providing for the consideration of a bill relating to a certain subject
    may be amended neither by an amendment that would substitute the
    consideration of an unrelated proposition (V, 5834-5836; VIII, 2956;
    Sept. 14, 1950, p. 14844) nor an amendment that would permit the
    additional consideration of a nongermane amendment to the bill (May 29,
    1980, pp. 12667-73; Aug. 13, 1982, p. 20972). The Chair will not
    interpret as a point of order under a specific rule of the House, on
    which he must rule, an objection to a substitute as narrowing the scope
    of a pending amendment, absent some stated or necessarily implied
    reference to the germaneness or other rule (June 25, 1987, p. 17415).
    The burden of proof is on the proponent of an amendment to establish its
    germaneness (VIII, 2995), and where an amendment is equally susceptible
    to more than one interpretation, one of which will render it not
    germane, the Chair will rule it out of order (June 20, 1975, p. 19967).

    [[Page 664]]

    be germane to the portion of the bill to which it is offered (V, 5822;
    VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though it may be germane
    to more than one portion of a bill (Mar. 27, 1974, p. 8508), and when
    offered as a separate paragraph is not required to be germane to the
    paragraph immediately preceding or following it (VII, 1162; VIII, 2932-
    2935).

    Sec. 929. Proposition to which amendment must be
    germane.

      Under  the later practice an amendment should be germane to the
    particular paragraph or section to which it is offered (V, 5811-5820;
    VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p.
    24729), without reference to subject matter of other titles not yet read
    (July 31, 1990, p. 20816), and an amendment inserting an additional
    section should

      The test of germaneness in the case of a motion to recommit with
    instructions is the relationship of the instructions to the bill taken
    as a whole (and not merely to the separate portion of the bill
    specifically proposed to be amended in the instructions) (Mar. 28, 1996,
    p. 6932).

      Subject to clause 2(c) of rule XXI (requiring that limitation
    amendments to general appropriation bills be offered at the end of the
    reading of the bill for amendment), an amendment limiting the use of
    funds by a particular agency funded in a general appropriation bill may
    be germane to the paragraph carrying the funds, or to any general
    provisions portion of the bill affecting that agency or all agencies
    funded by the bill (July 16, 1979, p. 18807). However, to a paragraph
    containing funds for an agency but not transferring funds to that
    account from other paragraphs in the bill, an amendment increasing that
    amount by transfer from an account in another paragraph is not germane,
    since affecting budget authority for a different agency not the subject
    of the pending paragraph (July 17, 1985, p. 19436).

      In passing on the germaneness of an amendment, the Chair considers the
    relationship between the amendment and the bill as modified by the
    Committee of the Whole (Apr. 23, 1975, p. 11545; July 8, 1987, p.
    19013).

      An amendment adding a new section to a bill being read by titles must
    be germane to the pending title (Sept. 17, 1975, p. 28925), but where a
    bill is considered as read and open to amendment at any point, an
    amendment must be germane to the bill as a whole and not to a particular
    section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). Where a
    title of a bill is open to amendment at any point, the germaneness of an
    amendment perfecting one section therein depends on its relationship to
    the title as a whole and not merely on its relationship to the one
    section (June 25, 1991, p. 16152). An amendment in the form of a new
    title, when offered at the end of a bill containing several diverse
    titles on a general subject, need not be germane to the portion of the
    bill to which offered, it being sufficient that the amendment be germane
    to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267;
    July 2, 1974, p. 22029; Sept. 18, 1975, p. 29322; July 11, 1985, p.
    18601; Oct. 8, 1985, pp. 26548-51). While the heading of the final title
    of a bill as ``miscellaneous'' does not thereby permit amendments to
    that title which are not germane thereto, the inclusion of sufficiently
    diverse provisions in such title affecting various provisions in the
    bill may permit further amendments which need only be germane to the
    bill as a whole (Apr. 10, 1979, pp. 8034-37).

    [[Page 665]]

    ed, must be germane to the bill in the form passed by the House; thus
    where a House-passed bill contained several sections and titles amending
    diverse portions of the Internal Revenue Code relating to tax credits, a
    modified Senate provision adding a new section dealing with another tax
    credit was held germane to the House-passed measure as a whole (Speaker
    Albert, Mar. 26, 1975, p. 8900); but a Senate provision in a conference
    report, on a Senate bill with a House amendment in the nature of a
    substitute, which authorized appointment of a special prosecutor for any
    criminal offenses committed by certain Federal officials was held not
    germane to the bill as passed by the House, which related to offenses
    directly related to official duties and responsibilities of Federal
    officials (Oct. 12, 1978, pp. 36459-61).
      Under clause 10 of rule XXII, a portion of a conference report
    incorporating part of a Senate amendment in the nature of a substitute
    to a House bill, or incorporating part of a Senate bill that the House
    has amend

      The test of germaneness of an amendment to or a substitute for an
    amendment in the nature of a substitute is its relationship to the
    substitute and not its relationship to the bill to which the amendment
    in the nature of a substitute has been offered (July 19, 1973, p. 24958;
    July 22, 1975, p. 23990; June 1, 1976, pp. 16051-56; July 28, 1982, pp.
    18355-58, 18361), and an amendment to a substitute is not required to
    affect the same page and line numbers as the substitute in order to be
    germane, it being sufficient that the amendment is germane to the
    subject matter of the substitute (Aug. 1, 1979, pp. 21944-47). When an
    amendment in the nature of a substitute is offered at the end of the
    first section of a bill, the test of germaneness is the relationship
    between the amendment and the entire bill, and the germaneness of an
    amendment in the nature of a substitute for a bill is not necessarily
    determined by an incidental portion of the amendment which if offered
    separately might not be germane to the portion of the bill to which
    offered (July 8, 1975, p. 21633).

      The test of germaneness of an amendment offered as a substitute for a
    pending amendment is its relationship to the pending amendment and not
    its relationship to the underlying bill (Feb. 14, 1995, p. 4714).

      An amendment germane to the bill as a whole, but hardly germane to any
    one section, may be offered at an appropriate place with notice of
    motions to strike out the following sections which it would supersede
    (V, 5823; July 29, 1969, p. 21221). Where a perfecting amendment to the
    text is offered pending a vote on a motion to strike out the same text,
    the perfecting amendment must be germane to the text to which offered,
    not to the motion to strike (Oct. 3, 1969, p. 28454).

    [[Page 666]]

    propose as part of a motion to recommit any proposition that would not
    have been germane if proposed as an amendment to the bill in the House
    (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967, p. 5155), and the
    instructions must be germane to the bill as perfected in the House (Nov.
    19, 1993, p. 30513), even where the instructions do not propose a direct
    amendment to the bill but merely direct the committee to pursue an
    unrelated approach (Speaker O'Neill, Mar. 2, 1978, p. 5272; July 16,
    1991, p. 18397) or direct the committee not to report the bill back to
    the House until an unrelated contingency occurs (VIII, 2704). Under the
    same rationale as amendments to a motion to instruct conferees,
    amendments to a motion to recommit to a standing committee with
    instructions must be germane to the subject matter of the bill (see V,
    6888; VIII, 2711).

    Sec. 930. Instructions to committees and amendments
    thereto.

      The  rule that amendments must be germane applies to amendments to
    the instructions in a motion to instruct conferees (VIII, 3230, 3235),
    and the test of germaneness of an amendment to a motion to instruct
    conferees, in addition to the measurement of scope of conference, is the
    relationship of the amendment to the subject matter of the House or
    Senate version of the bill (Deschler-Brown Precedents, vol. 11, ch. 28,
    sec. 28.2). The rule of germaneness similarly applies to the
    instructions in a motion to recommit a bill to a committee of the House,
    as it is not in order to

      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions to a standing committee does not
    affect the requirement that the subject matter of the amendment be
    germane and within the jurisdiction of the committee reporting the bill
    (Mar. 2, 1967, p. 5155; July 16, 1991, p. 18397).

    [[Page 667]]

    Senate provisions are compared, is that finally committed to conference,
    taking into consideration all amendments adopted by the House, including
    House amendments to Senate amendments (July 28, 1983, p. 21401). Clause
    10 of rule XXII permits points of order against motions to concur or
    concur with amendment in nongermane Senate amendments, the stage of
    disagreement having been reached, and, if such points of order are
    sustained, permits separate motions to reject such nongermane matter.
    Clause 10 of rule XXII is not applicable to a provision contained in a
    motion to recede and concur with an amendment (the stage of disagreement
    having been reached) which is not contained in any form in the Senate
    version, the only requirement in such circumstances being that the
    motion as a whole be germane to the Senate amendment as a whole under
    clause 7 of rule XVI (Oct. 4, 1978, pp. 33502-06; June 30, 1987, p.
    18294).

    Sec. 931. Senate amendments and matter contained in
    conference reports.

      In  the consideration of Senate amendments to a House
    bill an amendment must be germane to the particular Senate amendment to
    which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506;
    Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to
    a Senate amendment is germane to the original House bill if it is not
    germane to the subject matter of a Senate amendment that merely inserts
    new matter and does not strike out House provisions (V, 6188; VIII,
    2936). But where a Senate amendment proposes to strike out language in a
    House bill, the test of the germaneness of a motion to recede and concur
    with an amendment is the relationship between the language in the motion
    and the provisions in the House bill proposed to be stricken, as well as
    those to be inserted, by the Senate amendment (June 8, 1943, p. 5511;
    June 15, 1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the
    germaneness of an amendment to a motion to concur in a Senate amendment
    with an amendment is the relationship between the amendment and the
    motion, and not between the amendment and the Senate amendment to which
    the motion has been offered (Aug. 3, 1973, Deschler-Brown Precedents,
    vol. 11, ch. 28, sec. 27.6). Formerly, a Senate amendment was not
    subject to the point of order that it was not germane to the House bill
    (VIII, 3425), but under changes in the rules points of order may be made
    and separate votes demanded on portions of Senate amendments and
    conference reports containing language that would not have been germane
    if offered in the House. Clause 10 of rule XXII permits points of order
    against language in a conference report which was originally in the
    Senate bill or amendment and which would not have been germane if
    offered to the House-passed version, and permits a separate motion to
    reject such portion of the conference report if found nongermane (Oct.
    15, 1986, p. 31498). For purposes of that rule, the House-passed
    version, against which

    [[Page 668]]

    of appropriations in the absence of timely enactment of a regular
    appropriation bill (June 18, 1997, p. ----); to a bill regulating
    immigration, an amendment reaffirming an agreement with Japan (VIII,
    3050); to a bill opposing concessional loans to a country and outlining
    principles governing the conduct of industrial cooperation projects of
    U.S. nationals in that country, an amendment waiving provisions of other
    law by requiring changes in tariff schedules to achieve overall trade
    reciprocity between that country and the United States (Nov. 6, 1997, p.
    ----); to a resolution authorizing the deployment of troops to implement
    a peace agreement, an amendment expressing support for the armed forces
    in carrying out such mission (Mar. 11, 1999, p. ----); to a bill
    addessing enforcement of State liquor laws, an amendment addressing
    enforcement of State firearm laws (Aug. 3, 1999, p. ----).

    Sec. 932. Subject matter as test of
    germaneness.

      An  amendment must relate to the subject matter under
    consideration. Thus, the following are not germane: To a bill seeking to
    eliminate wage discrimination based on the sex of the employee, an
    amendment to make the provisions of the bill applicable to
    discrimination based on race (July 25, 1962, p. 14778); to a bill
    establishing an office in the Department of the Interior to manage
    biological information, an amendment addressing socioeconomic matters
    (Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to
    Israel and funds for the United Nations emergency force in the Middle
    East, an amendment expressing the sense of Congress that the President
    conduct negotiations to obtain a peace treaty in the Middle East and the
    resumption of diplomatic and trade relations between Arab nations and
    the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent
    resolution expressing congressional concern over certain domestic
    policies of a foreign government and urging that government to improve
    those internal problems in order to enhance better relations with the
    United States, amendments expressing the necessity for United States
    diplomatic initiatives as a consequence of that foreign government's
    policies (July 12, 1978, pp. 20500-05); to a resolution amending several
    clauses of a rule of the House but confined in its scope to the issue of
    access to committee hearings and meetings, an amendment to another
    clause of that rule relating to committee staffing (Mar. 7, 1973, p.
    6714); to a title of a bill that only addresses the administrative
    structure of a new department and not its authority to carry out
    transferred programs, an amendment prohibiting the department from
    withholding funds to carry out certain objectives (June 12, 1979, p.
    14485); to an amendment authorizing the use of funds for a specific
    study, an amendment naming any program established in the bill for an
    unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to
    one of two reconciliation bills reported by the Budget Committee, an
    amendment making a prospective indirect change to the other
    reconciliation bill not then pending before the House (June 25, 1997, p.
    ----); to a bill reauthorizing the National Sea Grant College Program, a
    proposal to amend existing law to provide for automatic continuation

      An amendment that is germane, not being ``on a subject different from
    that under consideration,'' belongs to a class illustrated by the
    following: to a bill providing for an interoceanic canal by one route,
    an amendment providing for a different route (V, 5909); to a bill
    providing for the reorganization of the Army, an amendment providing for
    the encouragement of marksmanship (V, 5910); to a proposition to create
    a board of inquiry, an amendment specifying when it shall report (V,
    5915); to a bill relating to ``oleomargarine and other imitation dairy
    products,'' an amendment on the subject of ``renovated butter'' (V,
    5919); to a resolution rescinding an order for final adjournment, an
    amendment fixing a new date therefor (V, 5920); to a proposition
    directing a feasibility investigation, an amendment requiring the
    submission of legislation to implement that investigation (Dec. 14,
    1973, p. 41747); and to a section of a bill prescribing the functions of
    a new Federal Energy Administration by conferring wide discretionary
    powers upon the Administrator, an amendment directing the Administrator
    to issue preliminary summer guidelines for citizen fuel use (as a
    further delineation of those functions) (Mar. 6, 1974, p. 5436).

    [[Page 669]]

      A bill comprehensively addressing a subject requires careful analysis
    to determine whether an amendment addresses a different subject. For
    example, to an amendment in the nature of a substitute comprehensively
    amending several sections of the Clean Air Act with respect to the
    impact of shortages of energy resources on standards imposed under that
    Act, an amendment to another section of the Act suspending temporarily
    the authority of the Administrator of the EPA to control automobile
    emissions was held germane (Dec. 14, 1973, p. 41688). On the other hand,
    to a bill comprehensively restructuring the production and distribution
    of food, an amendment proposed in a motion to recommit to provide
    nutrition assistance, including food stamps and soup kitchen programs,
    was held not germane (Feb. 26, 1996, p. 3257).

    Sec. 933. Fundamental purpose as test of
    germaneness.

      The  fundamental purpose of an amendment must be germane to
    the fundamental purpose of the bill (VIII, 2911). The Chair discerns the
    fundamental purpose of a bill by examining the text of the bill and its
    report language (Deschler-Brown, vol. 10, ch. 28, sec. 5.6; Aug. 3,
    1999, p. ----), rather than the motives that circumstances may suggest
    (V, 5783, 5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438).
    To a bill that comprehensively addresses a subject matter, an amendment
    that relates to that subject matter may not be ruled out as nongermane
    merely because the amendment may be characterized as private legislation
    benefitting certain individuals offered to a public bill (May 30, 1984,
    p. 14495). Similarly, to a bill proposing to accomplish a result by
    methods comprehensive in scope, an amendment in the nature of a
    substitute seeking to achieve the same result was held germane where it
    was shown that additional provisions not contained in the original bill
    were merely incidental conditions or exceptions that were related to the
    fundamental purpose of the bill (Aug. 2, 1973, pp. 27673-75; July 8,
    1975, p. 21633; Sept. 29, 1980, pp. 27832-52). On the other hand, an
    amendment may relate to the same subject matter yet still stray from
    adherence to a common fundamental purpose, by, for example, singling out
    one constituent element of a larger subject for specific and unrelated
    scrutiny (Aug. 3, 1999, p. ----).

    [[Page 670]]

    based on reported economic projections under which either would achieve
    the same, necessarily temporary result by method of direct or indirect
    amendment to the same existing law (May 13, 1987, p. 12344); to a bill
    subjecting employers who fail to apprise their workers of health risks
    to penalties under other laws and regulations, a substitute subjecting
    such employers to penalties prescribed in the substitute itself (Oct.
    14, 1987, p. 27885); to an amendment freezing the obligation of funds
    for fiscal year 1996 for missile defense until the Secretary of Defense
    rendered a specified readiness certification, an amendment permitting an
    increase in the obligation of such funds on the basis of legislative
    findings concerning readiness, as each proposition addressed the
    relationship between 1996 funding levels for missile defense and
    readiness (Feb. 15, 1995, p. 5026).
      In order to be germane, an amendment must not only have the same end
    as the matter sought to be amended, but must contemplate a method of
    achieving that end that is closely allied to the method encompassed in
    the bill or other matter sought to be amended (Aug. 11, 1970, p. 28165).
    Thus the following are germane: to a bill raising revenue by several
    methods of taxation, an amendment proposing a tax on undistributed
    profits (the Committee of the Whole overruling the Chair) (VII, 3042);
    to a proposition to accomplish a result through regulation by a
    governmental agency, an amendment to accomplish the same fundamental
    purpose through regulation by another governmental agency (Dec. 15,
    1937, pp. 1572-89; June 9, 1941, p. 4905; Dec. 19, 1973, p. 42618); to a
    bill to achieve a certain purpose by conferring discretionary authority
    to set fair labor standards upon an independent agency, an amendment in
    the nature of a substitute to attain that purpose by a more inflexible
    method (prescribing fair labor standards) (Dec. 15, 1937, pp. 1590-94;
    Oct. 14, 1987, p. 27885); to a proposition to accomplish the broad
    purpose of settling land claims of Alaska natives by a method general in
    scope, an amendment accomplishing the same purpose by a method more
    detailed in its provisions (Oct. 20, 1971, p. 37079); to an amendment
    comprehensively amending the Natural Gas Act to deregulate interstate
    sales of new natural gas and regulate aspects of intrastate gas use, a
    substitute providing regulatory authority for interstate and intrastate
    gas sales of large producers (Feb. 4, 1976, p. 2387); to a bill
    providing a temporary extension of existing authority, an amendment
    achieving the same purpose by providing a nominally permanent authority
    was held germane where both the bill and the amendment were

    [[Page 671]]

    stitute to require by regulation that any fuel sold in commerce require
    a certain percentage of synthetic fuels, as broader in scope and an
    unrelated method (June 26, 1979, pp. 16663-74); to a bill to provide
    financial assistance to domestic agriculture through price support
    payments, an amendment to protect domestic agriculture by restricting
    imports in competition therewith as proposing an unrelated method of
    assistance within the jurisdiction of another committee (Oct. 14, 1981,
    p. 23899); to a bill authorizing financial assistance to unemployed
    individuals for employment opportunities, an amendment providing instead
    for tax incentives to stimulate employment as employing an unrelated
    method within the jurisdiction of a different committee of the House
    (Sept. 21, 1983, p. 25145); to a bill relating to one government agency,
    an amendment having as its fundamental purpose a change in the law
    relating to another agency, even though it contemplated a consultative
    role for the agency covered by the bill (July 8, 1987, p. 19014); to a
    proposition changing congressional budget procedures to require
    consideration of balanced budgets, an amendment changing concurrent
    resolutions on the budget to joint resolutions, bringing executive
    enforcement mechanisms into play (July 18, 1990, p. 17920); to a bill to
    promote technological advancement by fostering Federal research and
    development, and amendment exhorting to do so by changes in tax and
    antitrust laws (July 16, 1991, p. 18397); to a bill extending
    unemployment compensation benefits during a period of economic
    recession, an amendment to stimulate economic growth by tax incentives
    and regulatory reform (Sept. 17, 1991, p. 23156); an amendment to change
    a direct appropriation of new budget authority from the general fund
    into a reappropriation (in effect a rescission) of funds previously
    appropriated for an entirely different purpose in a special reserve
    account (Feb. 28, 1985, p. 4146); to a bill addressing substance abuse
    through prevention and treatment, an amendment imposing civil penalties
    on drug dealers (Sept. 16, 1998, p. ----); to a resolution impeaching
    the President, an amendment censuring the President (Dec. 19, 1998, p.
    ----); to a bill authorizing a State attorney general to bring a civil
    action in Federal court against a person who has violated a State law
    regulating intoxicating liquor, an amendment singling out certain
    violations of liquor laws on the basis of their regard for any and all
    firearms issues (Aug. 3, 1999, p.----); to the same bill, an amendment
    creating new Federal laws to regulate intoxicating liquor (Aug. 3, 1999,
    p. ----).
      However, an amendment to accomplish a similar purpose by an unrelated
    method, not contemplated by the bill, is not germane. Thus, the
    following are not germane: to a bill providing relief to foreign
    countries through government agencies, an amendment providing for relief
    to be made through the International Red Cross (Dec. 10, 1947, pp.
    11242-44); to a bill to aid in the control of crime through research and
    training an amendment to accomplish that result through regulation of
    the sale of firearms (Aug. 8, 1967, pp. 21846-50); to a bill providing
    assistance to Vietnam war victims, amendments containing foreign policy
    declarations as to culpability in the Vietnam war (Apr. 23, 1975, p.
    11510); to a bill conserving energy by civil penalties on manufacturers
    of autos with low gas mileage, an amendment conserving energy by tax
    rebates to purchasers of high-mileage autos (June 12, 1975, p. 18695);
    to a proposition whose fundamental purpose was registration and public
    disclosure by, but not regulation of the activities of, lobbyists,
    amendments prohibiting lobbying in certain places, restricting monetary
    contributions by lobbyists, and providing civil penalties for violating
    Rules of the House in relation to floor privileges (Sept. 28, 1976, p.
    33070) (but to a similar bill, an amendment requiring disclosure of any
    lobbying communication made on the floor of the House or Senate or in
    adjoining rooms, but not regulating such conduct, was held germane (Apr.
    26, 1978, p. 11641)); to a bill seeking to accomplish a purpose by one
    method (creation of an executive branch agency), an amendment
    accomplishing that result by a method not contemplated in the bill
    (creation of office within legislative branch as function of committee
    oversight) (Nov. 5, 1975, p. 35041); to a bill authorizing foreign
    military assistance programs, an amendment authorizing contributions to
    an international agency for nuclear missile inspections (Mar. 3, 1976,
    p. 5226); to a joint resolution proposing a constitutional amendment for
    representation of the District of Columbia in Congress, a motion to
    recommit with instructions that the Committee on the Judiciary consider
    a resolution retroceding populated portions of the District to Maryland
    (Speaker O'Neill, Mar. 2, 1978, p. 5272); to an amendment to achieve a
    national production goal for synthetic fuels for national defense needs
    by loans and grants and development of demonstration synthetic fuel
    plants, a sub

    [[Page 672]]

    various agricultural commodities, an amendment repealing price control
    authority for all commodities under an act reported from the Committee
    on Banking and Currency (now Banking and Financial Services) (July 19,
    1973, p. 24950); to a bill reported from the Committee on Ways and Means
    providing for a temporary increase in the public debt ceiling for the
    current fiscal year (not directly amending the Second Liberty Bond Act),
    an amendment proposing permanent changes in that Act and also affecting
    budget and appropriation procedures (matters within the jurisdiction of
    other House committees) (Nov. 7, 1973, p. 36240); to a bill relating to
    intelligence activities of the executive branch, an amendment effecting
    a change in the Rules of the House by directing a committee to impose an
    oath of secrecy on its members and staff (May 1, 1991, p. 9669); to a
    bill reported by the Committee on Government Operations (now Government
    Reform) creating an executive agency to protect consumers, an amendment
    conferring on congressional committees with oversight over consumer
    protection the authority to intervene in judicial or administrative
    proceedings (a rulemaking provision within the jurisdiction of the
    Committee on Rules) (Nov. 6, 1975, p. 35373); to a proposition reported
    from the Committee on Public Works and Transportation (now
    Transportation and Infrastructure), authorizing funds for local public
    works employment, an amendment to mandate expenditure of already
    appropriated funds (as a purported disapproval of deferral of such funds
    under the Impoundment Control Act) and to set discount rates for
    reclamation and public works projects, subjects within the jurisdictions
    of the Committees on Appropriations and Interior and Insular Affairs
    (now Resources) (May 3, 1977, p. 13242); to a bill reported from the
    Committee on Armed Services authorizing military procurement and
    personnel strengths for one fiscal year, a proposition imposing
    permanent prohibitions and conditions on troop withdrawals from the
    Republic of Korea since including statements of policy within the
    jurisdiction of the Committee on Foreign Affairs (now International
    Relations) (May 24, 1978, pp. 15293-95); to a bill reported from the
    Committee on Government Operations (now Government Reform) creating a
    new department, transferring the administration of existing laws to it,
    and authorizing appropriations to carry out the Act subject to
    provisions in existing law, an amendment prohibiting the use of funds so
    authorized to carry out a designated funding program transferred to the
    department, where the purpose of the authorization is to allow
    appropriations in general appropriation bills for the department to
    carry out its functions but where changes in the laws to be administered
    by the department remain within the jurisdiction of other committees of
    the House (June 19, 1979, p. 15570); to a bill reported by the Committee
    on Public Works (now Transportation and Infrastructure) authorizing
    funds for highway construction and mass transportation systems using
    motor vehicles, an amendment relating to urban mass transit (then within
    the jurisdiction of the Committee on Banking and Currency, now Banking
    and Financial Services) and the railroad industry (then within the
    jurisdiction of the Committee on Interstate and Foreign Com

    [[Page 673]]

    merce, now Commerce) (Oct. 5, 1972, p. 34115); to a bill reported from
    the Committee on Interior and Insular Affairs (now Resources)
    designating certain areas in a State as wilderness, an amendment
    providing unemployment benefits to workers displaced by the designation
    (a subject in the jurisdiction of other committees) (Mar. 21, 1983, p.
    6347); to a bill reported from the Committee on Science and Technology
    (now Science) authorizing environmental research and development
    activities of an agency, an amendment expressing the sense of Congress
    with respect to that agency's regulatory and enforcement authority,
    within the jurisdiction of the Committee on Energy and Commerce (now
    Commerce) (Feb. 9, 1984, p. 2423); to a bill authorizing environmental
    research and development activities of an agency for two years, an
    amendment adding permanent regulatory authority for that agency by
    amending a law not within the jurisdiction of the committee reporting
    the bill (June 4, 1987, p. 14757); to a bill reported

    [[Page 674]]

    from the Committee on Education and Labor (now Education and the
    Workforce) dealing with education, an amendment regulating telephone
    communications (a matter within the jurisdiction of the Committee on
    Energy and Commerce, now Commerce) (Apr. 19, 1988, p. 7355); to a bill
    addressing various research programs and authorities, an amendment
    addressing matters of fiscal and economic policy and regulation (July
    16, 1991, p. 18391; Sept. 22, 1992, pp. 26734, 26741); to a bill
    reported from the Committee on Armed Services amending several laws
    within that committee's jurisdiction on military procurement and policy,
    an amendment to the Renegotiation Act, a matter within the jurisdiction
    of the Committee on Banking, Finance and Urban Affairs (now Banking and
    Financial Services) and not solely related to military contracts (June
    26, 1985, pp. 17417-19) and an amendment requiring reports on Soviet
    Union compliance with arms control commitments, a matter exclusively
    within the jurisdiction of the Committee on Foreign Affairs (now
    International Relations) (Deschler-Brown Precedents, vol. 10, ch. 28,
    sec. 4.26); to a bill reported from the Committee on Energy and Commerce
    (now Commerce), relating to mentally ill individuals, an amendment
    prohibiting the use of general revenue sharing funds (within the
    jurisdiction of the Committee on Government Operations, now Government
    Reform) (Jan. 30, 1986, p. 1053); to a bill reported from the Committee
    on Merchant Marine and Fisheries (now Transportation and Infrastructure)
    authorizing various activities of the Coast Guard, an amendment urging
    the Secretary of State in consultation with the Coast Guard to elicit
    cooperation from other nations concerning certain Coast Guard and
    military operations (a matter within the jurisdiction of the Committee
    on Foreign Affairs, now International Relations) (July 8, 1987, p.
    19013); to a bill reported by the Committee on Banking, Finance and
    Urban Affairs (now Banking and Financial Services) dealing with housing
    and community development grant and credit programs, an amendment
    expressing the sense of Congress on tax policy (the deductibility of
    mortgage interest), a matter within the jurisdiction of the Committee on
    Ways and Means (Aug. 1, 1990, p. 21256); to a bill reported from the
    Committee on Education and Labor (now Education and the Workforce)
    authorizing a variety of civilian national service programs, an
    amendment establishing a contingent military service obligation (a
    matter within the selective service jurisdiction of the Committee on
    Armed Services) (July 28, 1993, p. 17398); to a bill reauthorizing
    programs administered by two agencies within one committee's
    jurisdiction, an amendment more general in scope affecting agencies
    within the jurisdiction of other committees (May 12, 1994, p. 10024); to
    a bill reported by the Committee on Transportation and Infrastructure
    reforming and privatizing Amtrak, an amendment rescinding previously
    appropriated funds for certain administrative expenses, a matter within
    the jurisdiction of the Committee on Appropriations (Nov. 30, 1995, p.
    ----); to a measure expressing a sense of Congress with respect to the
    availability of public funds for expenses incurred in the evaluation of
    a problem, an amendment addressing legislative responses to that
    problem, within the jurisdiction of other committees (Feb. 4, 1998, p.
    ----); to a bill reported from Government Reform and Oversight proposing
    to alter responsibilities of executive branch agencies under an existing
    law, an amendment proposing to extend the application of that law to
    entities of the legislative branch, a matter within the jurisdiction of
    the Committee on House Administration (Mar. 12, 1998, p. ----); to a
    resolution authorizing the deployment of troops to implement a peace
    agreement within the jurisdiction of the Committee on International
    Relations, an amendment expressing support for the armed forces carrying
    such mission within the jurisdiction of both the Committees on Armed
    Services and International Relations (Mar. 11, 1999, p. ----).

    Sec. 934. Committee jurisdiction as test of
    germaneness.

      An  amendment when considered as a whole should be within the
    jurisdiction of the committee reporting the bill (Jan. 29, 1976, p.
    1582; July 25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19),
    although committee jurisdiction over the subject of an amendment and of
    the original bill is not the exclusive test of germaneness (Aug. 2,
    1973, pp. 27673-75), and the Chair relates the amendment to the bill in
    its perfected form (Aug. 17, 1972, p. 28913). Thus, the following are
    not germane: To a bill reported from the Committee on Agriculture
    providing price support programs for

      Committee jurisdiction is not the sole test of germaneness where: (1)
    the proposition to which the amendment is offered is so comprehensive
    (overlapping several committees' jurisdictions) as to diminish the
    pertinency of that test; (2) the amendment does not demonstrably affect
    a law within another committee's jurisdiction (July 21, 1976, p. 23167;
    Oct. 8, 1985, pp. 26548-51); (3) the portion of the bill also contains
    language, related to the amendment, not within the jurisdiction of the
    committee reporting the bill (Apr. 2, 1976, p. 9254; Aug. 10, 1984, p.
    23975); or (4) the bill has been amended to include matter within the
    jurisdiction of another committee thus permitting further similar
    amendments to be germane (July 11, 1985, p. 18601; Sept. 19, 1986, p.
    24769). Thus, to a bill reported from the Committee on Agriculture
    relating to the food stamp program, an amendment requiring the
    collection from certain recipients of the money value of food stamps
    received, by the Secretary of the Treasury after consultation with the
    Secretary of Agriculture, was held not germane since the performance of
    new duties by the Secretary of the Treasury and by the Internal Revenue
    Service that do not affect the application of the Internal Revenue Code,
    is not a matter solely within the jurisdiction of the Committee on Ways
    and Means (July 27, 1977, pp. 25249-52).

    [[Page 675]]

    law in the jurisdiction of another committee, an amendment directly
    changing the separate law to extend its benefits to merchant mariners
    was held not germane (Sept. 9, 1992, p. 23951); but where the pending
    bill incorporates by reference provisions of a law from another
    committee and conditions the bill's effectiveness upon actions taken
    pursuant to a section of that law, an amendment to alter that section of
    the law may be germane (Apr. 8, 1974, pp. 10108-10).
      To a bill amending an existing law to grant to merchant mariners
    benefits substantially equivalent to those granted to veterans in a
    separate

      The test of the germaneness of an amendment in the nature of a
    substitute for a bill is its relationship to the bill as a whole, and is
    not necessarily determined by the content of an incidental portion of
    the amendment which, if considered separately, might be within the
    jurisdiction of another committee (Aug. 2, 1973, p. 27673; June 1, 1976,
    pp. 16021-25). However, the House may by adopting a special rule allow a
    point of order that a section of a committee amendment in the nature of
    a substitute would not have been germane if offered separately to the
    bill as introduced (May 23, 1978, pp. 15094-96; May 24, 1978, pp. 15293-
    95; Aug. 11, 1978, p. 25705).

      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions does not affect the requirement that
    the subject matter of the amendment be germane and within the
    jurisdiction of the committee reporting the bill (Mar. 2, 1967, p.
    5155). Thus the following are not germane: to a bill reported from the
    Committee on Foreign Affairs (now International Relations) addressing
    U.S. claims against Iraq, a motion to recommit with instructions to
    prohibit the admission of former members of Iraq's armed forces to the
    United States as refugees (a matter within the jurisdiction of the
    Committee on the Judiciary) is not germane (Apr. 28, 1994, p. 8803); and
    to a bill amending a law reported by the Committee on Banking and
    Financial Services opposing concessional loans to a country and
    outlining principles governing the conduct of industrial cooperation
    projects of U.S. nationals in that country, an amendment proposed in a
    motion to recommit waiving provisions of other law by requiring changes
    in tariff schedules to achieve overall trade reciprocity between that
    country and the United States, a subject within the jurisdiction of the
    Committee on Ways and Means (Nov. 6, 1997, p. ----).

    [[Page 676]]

    for the appointment of a select committee to investigate a certain
    subject, an amendment proposing an inquiry of the executive on that
    subject (V, 5891); to a bill granting a right of way to a railroad, an
    amendment providing for the purchase of the railroad by the Government
    (V, 5887); to a provision for the erection of a building for a mint, an
    amendment to change the coinage laws (V, 5884); to a resolution
    proposing expulsion, an amendment proposing censure (VI, 236); to a
    resolution authorizing the administration of the oath to a Member-elect,
    an amendment authorizing such oath administration but adding several
    conditions of punishment predicated on acts committed in a prior
    Congress (Jan. 3, 1969, pp. 23-25); to a general tariff bill, an
    amendment creating a tariff board (May 6, 1913, p. 1234; Speaker Clark,
    May 8, 1913, p. 1381); to a proposition to sell two battleships and
    build a new battleship with the proceeds, a proposition to devote the
    proceeds to building wagon roads (VIII, 2973); to a bill authorizing a
    State attorney general to bring a civil action in Federal court against
    a person who has violated a State law regulating intoxicating liquor, an
    amendment singling out certain violations of liquor laws on the basis of
    their regard for any and all firearms issues (Aug. 3, 1999, p.----).

    Sec. 935. Various tests of germaneness are not
    exclusive.

      The  standards by which the germaneness of an amendment may be
    measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive;
    an amendment and the matter to which offered may be related to some
    degree under the tests of subject matter, purpose, and jurisdiction, and
    still not be considered germane under the precedents. Thus, the
    following have been held not to be germane: To a proposition relating to
    the terms of Senators, an amendment changing the manner of their
    election (V, 5882); to a bill relating to commerce between the States,
    an amendment relating to commerce within the several States (V, 5841);
    to a proposition to relieve destitute citizens of the United States in
    Cuba, a proposition declaring a state of war in Cuba and proclaiming
    neutrality (V, 5897); to a proposition

    [[Page 677]]

    for the relief of other persons who are not aliens (May 14, 1975, p.
    14360); to a bill providing relief for agricultural producers, an
    amendment extending such relief to commercial fishermen, another class
    within the jurisdiction of another committee (Apr. 24, 1978, p. 11080);
    to a bill governing the political activities of Federal civilian
    employees, an amendment to cover members of the uniformed services (June
    7, 1977, p. 17713); to a bill covering the civil service system for
    Federal civilian employees, an amendment bringing other classes of
    employees (postal and District of Columbia employees) within the scope
    of the bill (Sept. 7, 1978, pp. 28437-39; Oct. 9, 1985, pp. 26951-54);
    to a portion of an appropriation bill containing funds for a certain
    purpose to be expended by one agency, an amendment containing funds for
    another agency for the same purpose (July 24, 1981, p. 17226); to an
    amendment exempting national defense budget authority from the reach of
    a proposed Presidential rescission authority, an amendment exempting
    social security (Feb. 2, 1995, p. 5501); to a Senate amendment striking
    an earmarking from an appropriation bill, a House amendment reinserting
    part of the amount but adding other earmarking for unrelated programs
    (Nov. 15, 1989, p. 29019); to a Senate amendment relating to a
    feasibility study of a land transfer in one State, a House amendment
    requiring an environmental study of land in another State (Nov. 15,
    1989, p. 29035); to a bill prohibiting certain uses of polygraphy in the
    private sector, an amendment applying the terms of the bill to the
    Congress (Nov. 4, 1987, p. 30870); to a bill to determine the
    equitability of Federal pay practices under statutory systems applicable
    to agencies of the executive branch, an amendment to extend the scope of
    the determination to pay practices in the legislative branch (ruling
    sustained by Committee of Whole, Sept. 28, 1988, p. 26422); to a special
    appropriation bill providing funds and authority for agricultural credit
    programs but containing no transfers of funds, reappropriations, or
    rescissions, an amendment (contained in a motion to recommit) deriving
    funds for the bill by transfer of unobligated balances in the Energy
    Security Reserve and thus decreasing and transferring funds provided for
    a program unrelated to the subject matter or method of funding provided
    in the bill (Feb. 28, 1985, p. 4146); to a bill prohibiting importation
    of goods made in whole or in part by convict, pauper, or detained labor,
    or made in whole or in part from materials that have been made in whole
    or in part in any manner manipulated by convict or prison labor, an
    amendment prohibiting importation of goods produced by child labor, a
    second discrete class (VIII, 2963); similarly, to an amendment
    authorizing grants to States for purchase of one class of equipment
    (photographic and fingerprint equipment) for law enforcement purposes,
    an amendment including assistance for the purchase of a different class
    of equipment (bulletproof vests) (Oct. 12, 1979, pp. 28121-24); to a
    bill repealing section 14(b) of the National Labor Relations Act and
    making conforming changes in two related sections of labor law--all
    pertaining solely to the so-called ``right-to-work'' issue--an amendment
    excluding from the applicability of certain labor-management agreements

    [[Page 678]]

    members of religious groups (July 28, 1965, p. 18633); to a bill
    relating to the design of certain coin currency, an amendment specifying
    the metal content of other coin currency (Sept. 12, 1973, p. 29376); to
    a proposition to accomplish a single purpose without amending a certain
    existing law, an amendment to accomplish another individual purpose by
    changing that existing law (Dec. 14, 1973, pp. 41723-25); to a bill
    regulating poll closing time in Presidential general elections, an
    amendment extending its provisions to Presidential primary elections
    (Jan. 29, 1986, p. 684); to a bill authorizing grants to private
    entities furnishing health care to underserved populations, an amendment
    authorizing grants to States to control a public health hazard was held
    not germane as relating to a different category of recipient (Mar. 5,
    1986, p. 3604); to a bill siting a certain type of repository for a
    specified kind of nuclear waste, an amendment prohibiting the
    construction at another site of another type of repository for another
    kind of nuclear waste (July 21, 1992, p. 18718); to a bill addressing
    violent crimes, an amendment addressing nonviolent crimes, such as
    crimes of fraud and deception or crimes against the environment (May 7,
    1996, pp. 10342, 10343); to a bill naming a facility after a specific
    person, an amendment proposing to substitute the name of a different
    person is not germane (VIII, 2955) where it could not be shown that the
    amendment intended a return to the facility's existing designation (Feb.
    4, 1998, p. ----); to a joint resolution addressing whether public funds
    should be available for specified endeavors of one group, an amendment
    addressing the same question for unrelated endeavors of another group
    (Feb. 4, 1998, p. ----); to a bill proposing to alter responsibilities
    of executive branch agencies under an existing law, an amendment
    proposing to extend the application of that law to entities of the
    legislative branch (Mar. 12, 1998. p. ----).

    Sec. 936. One individual proposition not germane to
    another.

      One  individual proposition may not be amended by another
    individual proposition even though the two belong to the same class
    (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990,
    p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane:
    To a bill proposing the admission of one territory into the Union, an
    amendment for admission of another territory (V, 5529); to a bill
    amending a law in one particular, amending the law in another particular
    (VIII, 2949); to a proposition to appropriate or to authorize
    appropriations for only one year (and containing no provisions extending
    beyond that year), an amendment to extend the authorization or
    appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28;
    see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99); to a
    measure earmarking funds in an appropriation bill, an amendment
    authorizing the program for which the appropriation is made (Nov. 15,
    1989, p. 29019); to a bill for the relief of one individual, an
    amendment proposing similar relief for another (V, 5826-5829); to a
    resolution providing a special order for one bill, an amendment to
    include another bill (V, 5834-5836); to a provision for extermination of
    the cotton-boll weevil, an amendment including the gypsy moth (V, 5832);
    to a provision for a clerk for one committee, an amendment for a clerk
    to another committee (V, 5833); to a Senate amendment dealing with use
    of its contingent fund for art restoration in that body, a proposed
    House amendment for use of the House contingent fund for a similar but
    broader purpose (May 24, 1990, p. 12203); to a bill prohibiting
    transportation of messages relative to dealing in cotton futures, an
    amendment adding wheat, corn, etc. (VIII, 3001); to a bill prohibiting
    cotton futures, an amendment prohibiting wheat futures (VIII, 3001); to
    a bill for the relief of certain aliens, an amendment

    [[Page 679]]

    7446); to a bill to enable the Department of HEW to investigate and
    prosecute fraud and abuse in medicare and medicaid health programs, an
    amendment to prohibit any officer or employee from disclosing any
    identifiable medical record absent patient approval (Sept. 23, 1977, pp.
    30534-35); to an amendment to a budget resolution changing one
    functional category only, an amendment changing several other categories
    and covering an additional fiscal year (May 2, 1979, pp. 9556-64); to a
    bill authorizing funds for radio broadcasting to Cuba, an amendment
    broadening the bill to include broadcasting to all dictatorships in the
    Caribbean Basin (Aug. 10, 1982, p. 20256); to a bill relating to
    aircraft altitude over units of the National Park System, an amendment
    relating to aircraft collision avoidance generally (Sept. 18, 1986, p.
    24084); to a proposition prohibiting the use of funds appropriated for a
    fiscal year for a specified purpose, an amendment prohibiting the use of
    funds appropriated for that or any prior fiscal year for an unrelated
    purpose is not germane (June 30, 1987, p. 18294); to a proposition
    providing for a training vessel for one state maritime academy, an
    amendment relating to training vessels for all state maritime academies
    is not germane (June 30, 1987, p. 18296); to a proposition waiving a
    requirement in existing law that an authorizing law be enacted prior to
    the obligation of certain funds, an amendment affirmatively enacting
    bills containing not only that authorization but also other policy
    matters (Sept. 28, 1988, p. 26108); to a proposition pertaining only to
    a certain appropriation account in a bill, an amendment relating not
    only to that account but also to funds in other acts (Sept. 30, 1988, p.
    27148); to a proposition raising an employment ceiling for one year, an
    amendment proposing also to address in permanent law a hiring preference
    system for such employees (Oct. 11, 1989, p. 24089); to an omnibus farm
    bill, with myriad programs to improve agricultural economy, an amendment
    to the Animal Welfare Act but not limited to agricultural pursuits (Aug.
    1, 1990, p. 21573); to a bill authorizing Federal funding for qualifying
    State national service programs, an amendment conditioning a portion of
    such funding on the enactment of State laws immunizing volunteers in
    nonprofit or public programs, generally, from certain legal liabilities
    (July 28, 1993, p. 17401); to an amendment addressing particular
    educational requirements imposed on educational agencies by the
    underlying bill, an amendment addressing any requirements imposed on
    educational agencies by the underlying bill (Mar. 21, 1994, p. 5771); to
    a bill reauthorizing programs administered by the Economic Development
    Administration and the Appalachian Regional Commission, an amendment
    providing for the waiver of any Federal regulation that would interfere
    with economic development (May 12, 1994, p. 10024); to a bill
    prohibiting a certain class of abortion procedures, an amendment
    prohibiting any or all abortion procedures (Mar. 20, 1997, p. ----); and
    to a bill addressing a class of imported goods (those produced by forced
    labor), an amendment addressing all imported goods from one specified
    country (Nov. 5, 1997, p. ----).

    [[Page 680]]

    Sec. 937. A general provision not germane to a specific
    subject.

      A  specific subject may not be amended by a provision general in
    nature, even when of the class of the specific subject (V, 5843-5846;
    VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Procedure, ch.
    28, sec. 8). Thus the following are not germane: To a bill for the
    admission of one territory into the Union, an amendment providing for
    the admission of several other territories (V, 5837); to a bill relating
    to all corporations engaged in interstate commerce, an amendment
    relating to all corporations (V, 5842); to a bill proscribing certain
    picketing in the District of Columbia, an amendment making the
    provisions thereof applicable throughout the United States (Aug. 22,
    1966, p. 20113); to a joint resolution proposing an amendment to the
    Constitution prohibiting the United States or any State from denying
    persons 18 years of age or older the right to vote, an amendment
    requiring the United States and all States to treat persons 18 years and
    older as having reached the age of majority for all purposes under the
    law (Mar. 23, 1971, p. 7567); to a bill dealing with enforcement of
    United Nations sanctions against one country in relation to a specific
    trade commodity, an amendment imposing United States sanctions against
    all countries for all commodities and communications (Mar. 14, 1977, p.

      To a bill limited in its applicability to certain departments and
    agencies of government, an amendment applicable to all departments and
    agencies is not germane (Sept. 27, 1967, p. 26957). Thus, the following
    are not germane: to a bill establishing an office without regulatory
    authority in the Department of the Interior to manage biological
    information, an amendment addressing requirements of compensation for
    constitutional takings by other regulatory agencies (Oct. 26, 1993, p.
    26076); to a bill amending an authority of an agency under an existing
    law, an amendment independently expressing the sense of Congress on
    regulatory agencies generally (May 14, 1992, p. 11287); to a proposition
    authorizing activities of certain government agencies for a temporary
    period, an amendment permanently changing existing law to cover a
    broader range of government activities (May 5, 1988, p. 9938); and to a
    joint resolution continuing funding within one executive department,
    neither an amendment addressing funding for other departments nor one
    addressing the compensation of Federal employees on government-wide
    bases (Dec. 20, 1995, pp. ----, ----).

      To a bill modifying an existing law as to one specific particular, an
    amendment relating to the terms of the law other than those dealt with
    by the bill is not germane (V, 5806-5808). Thus, the following are not
    germane: to a bill amending the war-time prohibition act in one
    particular, an amendment repealing that act (VIII, 2949); to a
    proposition temporarily suspending certain requirements of the Clean Air
    Act, an amendment temporarily suspending other requirements of all other
    environmental protection laws (Dec. 14, 1973, p. 41751); to an amendment
    striking from a bill one activity from those covered by the law being
    amended, a substitute striking out the entire subsection of the bill,
    thereby eliminating the applicability of existing law to a number of
    activities (Sept. 23, 1982, p. 24963); to a bill amending an existing
    law to authorize a program, an amendment restricting authorizations
    under that or any other act (Dec. 10, 1987, p. 34676); to a bill
    proposing a temporary change in law, an amendment making permanent
    changes in that law (Nov. 19, 1991, p. 32893); and to a bill amending an
    existing law in one particular, an amendment amending other laws and
    more comprehensive in scope (Nov. 19, 1993, pp. 30513, 30515, 30517).

    [[Page 681]]

      A bill dealing with an individual proposition but rendered general in
    its scope by amendment is then subject to further amendment by
    propositions of the same class (VIII, 3003). While a specific
    proposition covering a defined class may not be amended by a proposition
    more general in scope, the Chair may consider all pending provisions
    being read for amendment in determining the generality of the class
    covered by that proposition (Jan. 30, 1986, p. 1051).

    [[Page 682]]

    of the Senate amendment to additional borrowers within the same class
    was held germane (June 30, 1987, p. 18308). To an amendment addressing a
    range of criminal prohibitions, an amendment addressing another criminal
    prohibition within that range was held germane (Oct. 17, 1991, p.
    26767). To a bill addressing violent crimes, an amendment addressing
    violent crimes involving the environment was held germane (May 7, 1996,
    p. 10344).

    Sec. 938. Specific subjects germane to general propositions
    of the class.

      A  general subject may be amended by specific propositions
    of the same class (VIII, 3002, 3009, 3012; see also Procedure, ch. 28,
    sec. 9). Thus, the following have been held to be germane: To a bill
    admitting several territories into the Union, an amendment adding
    another territory (V, 5838); to a bill providing for the construction of
    buildings in each of two cities, an amendment providing for similar
    buildings in several other cities (V, 5840); to a resolution embodying
    two distinct phases of international relationship, an amendment
    embodying a third (V, 5839); to an amendment prohibiting indirect
    assistance to several countries, an amendment to include additional
    countries within that prohibition (Aug. 3, 1978, p. 24244); and to a
    portion of a bill providing two categories of economic assistance to
    foreign countries, an amendment adding a further specific category is
    germane (Apr. 9, 1979, pp. 7755-57). And where a bill seeks to
    accomplish a general purpose (support of arts and humanities) by diverse
    methods, an amendment that adds a specific method to accomplish that
    result (artist employment through National Endowment for the Arts) may
    be germane (Apr. 26, 1976, p. 11101; see also June 12, 1979, p. 14460).
    But to a resolution authorizing a class of employees in the service of
    the House, an amendment providing for the employment of a specified
    individual was held not to be germane (V, 5848-5849). To a proposition
    relating in many diverse respects to the political rights of the people
    of the District of Columbia, an amendment conferring upon that
    electorate the additional right of electing a nonvoting Delegate to the
    Senate was held germane (Oct. 10, 1973, p. 33656). To a bill bringing
    two new categories within the coverage of existing law, an amendment to
    include a third category of the same class was held germane (Nov. 27,
    1967, p. 33769). To a bill containing definitions of several of the
    terms used therein, an amendment modifying one of the definitions and
    adding another may be germane (Sept. 26, 1967, p. 26878). To a bill
    authorizing a broad program of research and development, an amendment
    directing specific emphasis in the administration of the program is
    germane (Dec. 19, 1973, p. 42607). To a bill providing for investigation
    of relationships between environmental pollution and cancer, an
    amendment to investigate the impact of personal health habits, such as
    cigarette smoking, on that relationship was held germane (Sept. 15,
    1976, pp. 30496-98). To a supplemental appropriation bill containing
    funds for several departments and agencies, an amendment in the form of
    a new chapter providing funds for capital outlays for subway
    construction in the District of Columbia was held germane (May 11, 1971,
    p. 14437). To a proposal authorizing military procurement, including
    purchase of food supplies, an amendment authorizing establishment that
    fiscal year of a military preparedness grain reserve was held germane as
    a more specific authorization (July 20, 1982, pp. 17073, 17074, 17092,
    17093). To a Senate amendment providing for prepayment of loans by those
    within a certain class of borrowers who meet a specified criterion, a
    proposed House amendment eliminating the criterion to broaden the
    applicability

    [[Page 683]]

    p. 34090); to a general appropriation bill providing funds for one
    fiscal year, an amendment changing a permanent appropriation in existing
    law and changing congressional procedures for consideration of that
    general appropriation bill in future years is more general in scope and
    in part within the jurisdiction of the Committee on Rules and therefore
    is not germane (June 29, 1987, p. 18083); and to a temporary
    authorization bill prescribing the use of an agency's funds for two
    years but not amending permanent law, an amendment permanently changing
    the organic law governing that agency's operations is not germane (Dec.
    2, 1982, p. 28537, concerning Sept. 28, 1982, p. 25465). However, to a
    bill authorizing appropriations for a department for one fiscal year,
    where the effect of the department's activities pursuant to that
    authorization may extend beyond such year, an amendment directing a
    specific use of those funds to perform an activity that may not be
    completed within the fiscal year was nevertheless germane, since limited
    to funds in the bill (Oct. 18, 1979, p. 28763). Similarly, to a one-year
    authorization bill containing diverse limitations and directions to the
    agency in question during such year, an amendment further directing the
    agency to obtain information from the private sector, and to make such
    information public during such year, was held germane (Oct. 18, 1979,
    pp. 28815-17). While an amendment making a permanent change in existing
    law has been held not germane to a bill proposing a temporary change in
    that law, where it is apparent that the fundamental purpose of the
    amendment is to have only temporary effect and to accomplish the same
    result as the bill it may be germane. Thus to a bill providing a
    temporary extension of existing authority, an amendment achieving the
    same purpose by providing a nominally permanent authority was held
    germane where both the bill and the amendment were based on reported
    economic projections under which either would achieve the same,
    necessarily temporary result by method of direct or indirect amendment
    to the same existing law (May 13, 1987, p. 12344). However, to a
    proposal continuing the availability of appropriated funds and also
    imposing diverse legislative conditions upon the availability of
    appropriations, an amendment directly and permanently changing existing
    law as to the eligibility of recipients of funds was held to be
    nongermane (Dec. 10, 1981, pp. 30536-38). To a bill extending an
    existing law in modified form, an amendment proposing further
    modification of that law may be germane (Apr. 23, 1969, p. 10067; Feb.
    19, 1975, p. 3596). But to a bill amending a law in one particular, an
    amendment repealing the law is not germane (Jan. 14, 1964, p. 423). To a
    bill amending a general law in several particulars, an amendment
    providing for the repeal of the whole law was held germane (V, 5824),
    but the bill amending the law must so vitally affect the whole law as to
    bring the entire act under consideration before the Chair will hold an
    amendment repealing the law or amending any section of the law germane
    to the bill (VIII, 2944; Apr. 2, 1924, p. 5437). Where a bill repeals a
    provision of law, an amendment modifying that provision rather than
    repealing it may be germane (Oct. 30, 1969, p. 32466); but the
    modification must

    [[Page 684]]

    relate to the provision of law being repealed (July 28, 1965, p. 18636).
    Generally to a bill amending one existing law, an amendment changing the
    provisions of another law or prohibiting assistance under any other law
    is not germane (May 11, 1976, p. 13419; Aug. 12, 1992, p. 23238). To a
    bill amending the Bretton Woods Act in relation to the International
    Monetary Fund, an amendment prohibiting the alienation of gold to the
    IMF or to any other international organization or its agents was held
    not germane (July 27, 1976, p. 24040). However, to a bill
    comprehensively amending several laws within the same class, an
    amendment further amending one of those laws on a subject within that
    class is germane (May 12, 1976, p. 13530); and to a bill authorizing
    funding for the intelligence community for one fiscal year and making
    diverse changes in permanent laws relating thereto, an amendment
    changing another permanent law to address accountability for
    intelligence activities was held germane (Oct. 17, 1990, p. 30171). To a
    title of a bill dealing with a number of unrelated authorities of the
    Secretary of Agriculture, an amendment amending another act within the
    jurisdiction of the Committee on Agriculture to require the adoption of
    a minimum standard for the contents of ice cream was held germane since
    restricted to the authority of the Secretary of Agriculture (July 22,
    1977, pp. 24558-70). But to a section of a bill amending a section of
    the National Labor Relations Act dealing with procedural rules governing
    labor elections and organizations, an amendment changing the same
    section of law to require promulgation of rules defining certain conduct
    as an unfair labor practice was held not germane, where neither the
    pending section nor the bill itself addressed the subject of unfair
    labor practices dealt with in another section of the law (Oct. 5, 1977,
    p. 32507). To a bill narrowly amending one subsection of existing law
    dealing with one specific criminal activity, an amendment postponing the
    effective date of the entire section, affecting other criminal
    provisions and classes of persons as well as the one amended by the
    bill, or an amendment to another subsection of the law dealing with a
    related but separate prohibition was held not germane (May 16, 1979, pp.
    11470-72), but to an amendment adding sundry punitive sections to the
    Federal criminal code, an amendment creating an exception to the
    prohibition of another such section was held germane (Oct. 17, 1991, p.
    26767).

    Sec. 939. Amendments to bills amending existing law.

      To  a
    bill amending a general law on a specific point an amendment relating to
    the terms of the law rather than to those of the bill was ruled not to
    be germane (V, 5808; VIII, 2707, 2708); thus a bill amending several
    sections of one title of the United States Code does not necessarily
    bring the entire title under consideration so as to permit an amendment
    to any portion thereof (Oct. 11, 1967, p. 28649), and where a bill
    amends existing law in one narrow particular, an amendment proposing to
    modify such existing law in other particulars will generally be ruled
    out as not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013,
    3031; May 12, 1976, p. 13532). To a bill narrowly amending an anti-
    discrimination provision in the Education Amendments of 1972 only to
    clarify the definition of a discriminating entity subject to the
    statutory penalties (denial of Federal funding), amendments re-defining
    a class of discrimination (sex), expanding the definition of persons who
    are the subject of discrimination (to include the unborn), and deeming a
    new entity (Congress) to be a recipient of Federal assistance (a class
    not necessarily covered by the class covered by the bill), were ruled
    not to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the
    same bill, an amendment merely defining a word used in the bill was held
    germane (June 26, 1984, p. 18865). Unless a bill so extensively amends
    existing law as to open up the entire law to amendment, the germaneness
    of an amendment to the bill depends on its relationship to the subject
    of the bill and not to the entire law being amended (Oct. 28, 1975, p.
    34031). But a bill amending several sections of an existing law may be
    sufficiently broad to permit amendments that are germane to other
    sections of that law not mentioned in the bill (Feb. 19, 1975, p. 3596;
    Sept. 14, 1978, p. 29487). To a bill continuing and re-enacting an
    existing law amendments germane to the existing act sought to be
    continued have been held germane to the pending bill (VIII, 2940, 2941,
    2950, 3028; Oct. 31, 1963, p. 20728; June 1, 1976, p. 16045); but where
    a bill merely extends an official's authority under existing law, an
    amendment permanently amending that law has been held not in order
    (Sept. 29, 1969, pp. 27341-43). Thus where a bill authorized
    appropriations to an agency for one year but did not amend the organic
    law by extending the existence of that agency, an amendment extending
    the life of another entity mentioned in the organic law was held not
    germane (May 20, 1976, p. 14912). An amendment making permanent changes
    in the law relating to organization of an agency is not germane to a
    title of a bill only authorizing appropriations for such agency for one
    fiscal year (Nov. 29, 1979,

    [[Page 685]]

    bill authorizing funds for military procurement and construction, an
    amendment declaring that none of the funds be used to carry out military
    operations in North Vietnam (Mar. 2, 1967, p. 5143); an amendment to an
    authorization bill that conditions the expenditure of funds covered by
    the bill by restricting their availability during months in which there
    is an increase in the public debt, as long as the amendment does not
    directly affect other provisions of law or impose contingencies
    textually predicated upon other unrelated actions of Congress (Sept. 25,
    1979, pp. 26150-52); an amendment proposing a conditional restriction on
    the availability of funds to carry out an activity, that merely requires
    observation of similar activities of another country, which similar
    conduct already constitutes the policy basis for the funding of that
    governmental activity (May 16, 1984, p. 12510); an amendment restricting
    the payment of Federal funds in a bill to States that enact certain laws
    relating to the activities being funded (July 28, 1993, p. 17403); an
    amendment that conditions the availability of funds authorized in the
    bill by adopting as a measure of their availability the expenditure
    during the fiscal year of a comparable percentage of funds authorized by
    other acts as long as the amendment does not directly affect the use of
    other funds (July 26, 1973, p. 26210); to a bill authorizing certain
    housing programs, an amendment restricting the amounts of direct
    spending in the bill to the levels set in the concurrent resolution on
    the budget as merely a measure of availability of funds in the bill and
    not a provision directly affecting the congressional budget process
    (June 11, 1987, p. 15540); to a proposition restricting the availability
    of funds to a certain category of recipients, an amendment further
    restricting the availability of funds to a subcategory of the same
    recipients (Sept. 25, 1979, pp. 26135-43); to a bill authorizing
    appropriations for an agency, an amendment prohibiting the use of funds
    for any purpose to which the funds may otherwise be applied (Nov. 5,
    1981, p. 26716); an amendment that conditions the availability of funds
    covered by a bill by adopting as a measure of their availability the
    monthly increases in the public debt as long as the amendment does not
    directly affect other provisions of law or impose unrelated
    contingencies (Sept. 25, 1979, pp. 26150-52); to a bill authorizing
    defense assistance to a foreign nation, an amendment delaying the
    availability of that assistance until that nation's former ambassador
    testified before a House committee, which had been directed by the House
    to investigate gifts by that nation's representatives to influence
    Members and employees, as a contingency that sought to compel the
    furnishing of information related to efforts to induce defense
    assistance to that nation (Aug. 2, 1978, p. 23932); to a provision
    authorizing funds for a fiscal year, an amendment restricting the
    availability of funds appropriated pursuant thereto for a specified
    purpose until enactment of a subsequent law authorizing that purpose
    (July 21, 1983, p. 20198); to a bill authorizing humanitarian and
    evacuation assistance to war refugees, an amendment making such
    authorization contingent on a report to Congress on costs of a portion
    of the evacuation program (but not requiring implementation of any new

    [[Page 686]]

    program) (Apr. 23, 1975, p. 11529); and to an amendment precluding the
    availability of an authorization for part of a fiscal year and then
    permitting availability for the remainder of the year based upon a
    contingency, an amendment constituting a prohibition on the availability
    of the same funds for the entire fiscal year (May 16, 1984, p. 12567).

    Sec. 940. Amendments imposing conditions,
    qualifications, and limitations.

      Restrictions,  qualifications, and limitations
    sought to be added by way of amendment must be germane to the provisions
    of the bill. Conditioning the availability of funds may be germane if
    the condition is related to the general purpose and within the scope of
    the pending proposition (Deschler-Brown Precedents, vol. 11, ch. 28,
    secs. 29-34). Thus, the following are germane: to a bill authorizing the
    funding of a variety of programs that satisfy several stated
    requirements in order to accomplish a general purpose, an amendment
    conditioning the availability of those funds upon implementation by
    their recipients of another program related to that general purpose
    (June 18, 1973, p. 20100); to a

      On the other hand, the following conditions on the availability of
    funds are not germane: an amendment conditioning the use of funds on the
    conduct of congressional hearings addressing an unrelated subject (July
    22, 1994, p. 17613); to a proposition conditioning the availability of
    funds upon the enactment of an authorizing statute for the enforcing
    agency, a substitute conditioning the availability of some of those
    funds upon a prohibition of certain imports into the United States, a
    contingency unrelated to that to which offered (Nov. 7, 1985, p. 30984);
    to a bill authorizing funds for military assistance to certain foreign
    countries, an amendment to make the availability of those funds
    contingent upon efforts by those countries to control narcotic traffic
    to the United States, and to authorize the President to offer the
    assistance of Federal agencies for that purpose, where the subjects of
    narcotics and the accessibility of Federal agencies are not contained in
    the bill (June 17, 1971, p. 20589); to a bill authorizing funds for
    foreign assistance, an amendment placing restrictions on funds
    authorized or appropriated in prior years (Aug. 24, 1967, p. 24002); to
    an amendment changing a dollar amount in a bill, a substitute therefor
    not only changing the figure but also restricting the use of any funds
    in furtherance of a certain activity (June 7, 1972, p. 19920); to a
    proposal to restrict availability of agency funds for a year and
    amending the organic law as it relates to the internal functions
    thereof, an amendment further restricting funding but also applying with
    respect to the use of funds in the bill provisions of criminal and other
    laws not applicable thereto (Oct. 26, 1989, p. 26269); to a provision
    prohibiting aid to a certain country unless certain conditions were met,
    an amendment prohibiting aid to another country until that nation took
    certain acts, and referring to funds provided in other acts (Nov. 17,
    1967, p. 32968); and an amendment conditioning the availability of funds
    to certain recipients based upon their compliance with Federal law not
    otherwise applicable to them and within the jurisdiction of other House
    committees (conditioning defense funds for procurement contracts with
    foreign contractors on their compliance with domestic law regarding
    discrimination) (June 16, 1983, p. 16060).

    [[Page 687]]

    enactment of certain revenue legislation (Oct. 25, 1979, p. 29639); to a
    bill authorizing radio broadcasting to Cuba, an amendment prohibiting
    the use of those funds until Congress has considered a constitutional
    amendment mandating a balanced budget (Aug. 10, 1982, p. 20250).
      An amendment delaying the availability of authorizations pending
    unrelated determinations involving agencies and committee jurisdictions
    not within the purview of the bill is also not germane (Feb. 7, 1973, p.
    3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218). Thus, the
    following are not germane: to a bill authorizing military assistance to
    Israel and funds for a U.N. emergency force in the Middle East, an
    amendment postponing the availability of funds to Israel until the
    President certifies the existence of a designated level of domestic
    energy supplies (Dec. 11, 1973, p. 40837); an amendment delaying the
    availability of an appropriation pending the

      Similarly, while it may be in order on a general appropriation bill to
    delay the availability of certain funds therein if the contingency does
    not impose new duties on executive officials, the contingency must be
    related to the funds being withheld and cannot affect other funds in the
    bill not related to that factual situation (VII, 1596, 1600), may not be
    made applicable to a trust fund provided (IV, 4017), or may not be made
    applicable to money appropriated in other acts (IV, 3927, VIII, 1495,
    1597-1599). Thus, to a general appropriation bill containing funds not
    only for a former President but also for other departments and agencies,
    an amendment delaying the availability of all funds in the bill until
    the former President had made restitution of a designated amount of
    money is not germane (Oct. 2, 1974, p. 33620). On the other hand, to a
    general appropriation bill providing funds for the Department of
    Agriculture and including specific allocation of funds for pest control,
    an amendment was germane that prohibited the use of funds for use of
    pesticides prohibited by State or local law (May 26, 1969, p. 13753).

      It is not in order to amend a bill to delay the effectiveness of the
    legislation pending an unrelated contingency (VIII, 3035, 3037). Thus
    the following are not germane: An amendment delaying the bill's
    effectiveness pending unrelated determinations involving agencies and
    committee jurisdictions not within the purview of the bill (Feb. 7,
    1973, p. 3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218); an
    amendment delaying the bill's effectiveness pending enactment of
    unrelated State legislation (June 29, 1967, p. 17921; July 28, 1993, p.
    17401); to a bill proposing relief for women and children in Germany, an
    amendment delaying the effectiveness of such relief until a soldier's
    compensation act shall have been enacted (VIII, 3035); to a bill naming
    an airport, an amendment conditioning the naming on approval by an
    entity without jurisdiction over the administration of the airport (Feb.
    4, 1998, p. ----). On the other hand, the following are germane: an
    amendment delaying operation of a proposed enactment pending an
    ascertainment of a fact when the fact to be ascertained relates to the
    subject matter of the bill (VIII, 3029; Dec. 15, 1982, pp. 30957-61); an
    amendment postponing the effective date of a title of a bill to a date
    certain (July 25, 1973, p. 25828); to a provision to become effective
    immediately, an amendment deferring the time at which it shall become
    effective, without involving affirmative legislation (VIII, 3030).

    [[Page 688]]

    official to prohibit the exportation of petroleum products for use in
    Indochina military operations (Dec. 14, 1973, p. 41753); to a provision
    conferring Presidential authority to establish priorities among users of
    petroleum products and requiring priority to education and
    transportation users, an amendment restricting such regulatory authority
    by requiring that petroleum products allocated for public school
    transportation be used only between the student's home and the closest
    school (Dec. 13, 1973, pp. 41267-69); to a bill extending the
    authorities of one government agency, including requirements for
    consultation with several other agencies, an amendment requiring that
    agency to perform a function based upon an analysis furnished by yet
    another agency, as an additional limitation on the authority of the
    agency being extended which did not separately mandate the performance
    of an unrelated function by another entity (July 27, 1978, p. 23107); to
    a proposition authorizing a program to be undertaken, a substitute
    providing for a study to determine the feasibility of undertaking the
    same type of program, as a more limited approach involving the same
    agency (June 26, 1985, pp. 17453, 17458, 17460) (in effect overruling
    VIII, 2989); and to a bill limiting an official's authority to construe
    legal authorities transferred to him in the bill, an amendment further
    restricting his authority to construe under any circumstances certain
    other laws to be administered by him (as an additional, although more
    restrictive, curtailment of existing authorities transferred by the
    bill) (June 11, 1979, pp. 14226-38).
      Where a proposition confers broad discretionary power on an executive
    official, an amendment is germane which directs that official to take
    certain actions in the exercise of the authority or proposes to limit
    such authority (VIII, 3022). Thus the following are germane: to an
    amendment in the nature of a substitute authorizing the Federal Energy
    Administrator to restrict exports of certain energy resources, an
    amendment directing that

      An amendment providing a privileged procedure for expedited review of
    an agency's regulations is not germane where the bill does not contain
    such procedures (Aug. 13, 1982, pp. 20969, 20975-78). On the other hand
    to a bill authorizing an agency to undertake certain activities, an
    amendment allowing Congress to disapprove regulations issued pursuant
    thereto if the disapproval mechanism does not amend the rules or
    procedures of the House is germane (May 4, 1976, p. 12348); and to a
    bill directing the furnishing of certain intelligence information to the
    House without amending any House procedure, an amendment imposing
    relevant conditions of security on the handling of such information in
    committee (also without amending any House procedure) for the period
    covered by the bill is also germane (June 11, 1991, p. 14204).

    [[Page 689]]

    ment conditioning benefits upon agreement by its recipient to be
    governed by certain safety regulations may be germane if related to the
    activity giving rise to the liability (July 29, 1987, p. 21448). On the
    other hand, it is not germane to condition or restrict assistance to a
    particular class of recipient upon a related contingency such as action
    or inaction by another class of recipient or agent not covered by the
    bill (Mar. 5, 1986, p. 3613).
      It is germane to condition or restrict assistance to a particular
    class of recipient covered by the underlying measure. Thus, the
    following are germane: to a bill providing aid to shipping, an amendment
    to limit such aid to ships equipped with saving devices (VIII, 3027), to
    a bill authorizing the insurance of vessels, an amendment denying such
    insurance to vessels charging exorbitant rates (VIII, 3023); to a
    proposition denying benefits to recipients failing to meet a certain
    qualification, a substitute denying the same benefits to some recipients
    but excepting others (July 28, 1982, pp. 18355-58, 18361). While a bill
    relating to benefits based on indemnification of liability arising out
    of an activity does not ordinarily admit as germane amendments relating
    to regulation of that activity, an amend

      To a bill not only granting consent of Congress to an interstate
    compact but also imposing conditions on the granting of that consent, an
    amendment stating an additional related condition to that consent and
    not directly changing the compact may be germane (Oct. 7, 1997, p. ----
    ). To a bill regulating immigration, an amendment providing that the
    operation of the act should not conflict with an agreement with Japan is
    not germane (VIII, 3050).

      Amendments providing exceptions or exemptions must also be within the
    scope of the proposition. Thus, to a bill requiring that a certain
    percentage of autos sold in the United States be manufactured
    domestically, and imposing an import restriction for autos on persons
    violating that requirement, an amendment waiving those restrictions with
    respect to a foreign nation where the President has issued a
    proclamation that that nation is not imposing unfair import restrictions
    on any United States product was held not germane, dealing with overall
    trade issues rather than domestic content requirement for autos sold in
    the United States (Nov. 2, 1983, p. 30776). However, an amendment to the
    same bill prohibiting its implementation if resulting in United States
    violation to resolve conflicts under those agreements, was held germane
    since the bill already comprehensively addressed those subject matters
    by disclaiming any purpose to amend international agreements or to
    confer court jurisdiction relative thereto, and by conferring court
    jurisdiction over adjudication of penalties assessed under the bill
    (Nov. 2, 1983, p. 30546). Similarly, the following are germane: to a
    bill providing for the deportation of aliens, an amendment to exempt a
    portion of such aliens from deportation (VIII, 3029); to a bill
    prohibiting the issuance of injunctions by the courts in labor disputes,
    an amendment to except all labor disputes affecting public utilities
    (VIII, 3024).

                                                          Rule XVI, clause 8
    Rule XVI, clause 8
    Readings

    941. Reading, engrossment, and passage of bills.

      8.  Bills
    and joint resolutions are subject to readings as follows:

    [[Page 690]]

          (a) A first reading is in full when the bill or joint resolution
    is first considered.

          (b) A second reading occurs only when the bill or joint resolution
    is read for amendment in a Committee of the Whole House on the state of
    the Union under clause 5 of rule XVIII.

          (c) A third reading precedes passage when the Speaker states the
    question: ``Shall the bill [or joint resolution] be engrossed [when
    applicable] and read a third time?'' If that question is decided in the
    affirmative, then the bill or joint resolution shall be read the final
    time by title and then the question shall be put on its passage.

      This provision (former clause 1 of rule XXI) rule was adopted in 1789,
    amended in 1794, 1880 (IV, 3391), and on Jan. 4, 1965 (H. Res. 8, 89th
    Cong.). This latest amendment eliminated the provision which permitted a
    Member to demand the reading in full of the engrossed copy of a House
    bill. Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 1 of rule XXI. The recodification
    also clarified paragraphs (a) and (b) to reflect the modern practice of
    first and second readings (H. Res. 5, Jan. 6, 1999, p. ----).

    Sec. 942. First and second readings.

      Formerly a  bill was
    read for the first time by title at the time of its introduction, but
    since 1890 all bills have been introduced by filing them with the Clerk,
    thus rendering a reading by title impossible at that time (IV, 3391).
    But the titles of all bills introduced are printed in the Journal and
    Record, thus carrying out the real purposes of the rule.

    [[Page 691]]

    2335, 2436). The Speaker may object to a request for unanimous consent
    that a bill may be acted on without being read (IV, 3390; VII, 1054).
      Under paragraph (a), the first reading of a bill is in full and occurs
    when the bill is considered in the House (IV, 3391) or in the Committee
    of the Whole (Apr. 28, 1977, p. 12635). The initial step of
    consideration in the Committee of the Whole is sometimes referred to as
    the ``first reading'' and is customarily dispensed with by unanimous
    consent or special rule. Thus, under paragraph (b), the second reading
    of a bill comprises its reading for amendment in the Committee of the
    Whole (Apr. 28, 1977, p. 12635). Any Member may demand a full reading of
    a bill before general debate begins in the Committee of the Whole or, if
    considered in the House, when first taken up for action (IV, 3391,
    4738). However, waiving of the first reading in full is normally
    effected by unanimous consent, suspension of the rules, or a special
    rule providing for the consideration of the bill. A motion to dispense
    with the reading of a bill in full is not in order (VIII,

    Sec. 943. The third reading after
    engrossment.

      The right to  demand the reading in full of the engrossed copy of a
    bill formerly guaranteed by the rule, existed only immediately after it
    had passed to be engrossed and before it had been read a third time by
    title (IV, 3400, 3403, 3404; VII, 1061); or before the yeas and nays had
    been ordered on passage (IV, 3402). The right to demand the reading in
    full caused the bill to be laid aside until engrossed even though the
    previous question had been ordered (IV, 3395-3399; VII, 1062). A
    privileged motion may not intervene before the third reading (IV, 3405),
    and the question on engrossment and third reading is not subject to a
    demand for division of the question (Aug. 3, 1989, p. 18544). A vote on
    passage must first be reconsidered to remedy the omission to read a bill
    a third time (IV, 3406). Senate bills are not engrossed in the House;
    but are ordered to a third reading. The demand for the reading of the
    engrossed copy of a Senate bill cannot be made in the House (VIII,
    2426).

    Sec. 944. Voting on bills.

      A bill in  the House (as
    distinguished from the Committee of the Whole) is amended pending the
    engrossment and third reading (V, 5781; VI, 1051, 1052). The question on
    engrossment and third reading being decided in the negative the bill is
    rejected (IV, 3420, 3421). A bill must be considered and voted on by
    itself (IV, 3408). Where the two Houses pass similar but distinct bills
    on the same subject it is necessary that one or the other House act
    again on the subject (IV, 3386). The requirement of a two-thirds vote
    for proposed constitutional amendments has been construed in the later
    practice to apply only to the vote on the final passage (V, 7029, 7030;
    VIII, 3504). A bill having been rejected by the House, a similar but not
    identical bill on the same subject was afterwards held to be in order
    (IV, 3384).