[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and, unless it is withdrawn the same day, shall be entered on the 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).