    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
    [111st Congress]
    [House Document 110-162]
    [Rules of the House of Representatives]
    [Pages 681-734]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule XVI

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    and, unless it is withdrawn the same day, shall be entered on the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

      In 1880 the first sentence of this clause was composed of language
    adopted in 1789 and 1806 (V, 5300). The last sentence of this clause
    (formerly 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 and former clause 10 of rule XVI under this
    clause (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 682]]

      Because of this provision it has been held not in order to amend or
    strike 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, including the motion to adjourn, be
    reduced to writing and in the proper form (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 chair of the
    Committee of the Whole requires that each amendment be reduced to
    writing (July 22, 1994, p. 17617). Although a motion to recommit is
    properly presented in writing, no rule requires that the proponent
    distribute copies on the floor (June 28, 2000, p. 12749).

    Withdrawal

    Sec. 903. Dilatory motions.

      The  Speaker has declined to
    entertain debate or appeal on a question as to the dilatoriness of a
    motion, because doing so would 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),
    to lay on the table (VIII, 2816), and to the question of consideration
    (V, 5731-5733). The point of no quorum also has 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 a ruling by Speaker Gillett construing dilatory motions, see VIII,
    2804. For discussion of dilatory motions pending consideration of a
    report from the Committee on Rules, see Sec. Sec. 857-858, supra.

    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.
    47).

    [[Page 683]]

    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).
      The House always insists that the motion 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 the question on a
    motion in order

      Under certain circumstances (such as the practice of extinguishing
    reconsideration by laying a motion to reconsider on the table), a Member
    may offer a double motion (V, 5637).

    Sec. 905. Conditions of withdrawal of motions.

      A motion  may
    be withdrawn at any time before a decision thereon, including a motion
    to instruct conferees (Oct. 31, 2000, p. 25737) and a contempt
    resolution (Oct. 27, 2000, p. 25200). Unanimous consent is not required
    to withdraw a pending unanimous-consent request (Dec. 16, 1985, p.
    36575).

      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). A motion
    was 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 (a second is no longer required) (V, 6844; VIII,
    3405, 3419), even on another suspension day (V, 6844). However, the
    motion could not be withdrawn if a second were ordered, except by
    unanimous consent (VIII, 3420). In the modern practice, in which a
    second is not required on a motion to suspend the rules, 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 has been offered and
    is pending (V, 5347; VI, 373; VIII, 2639). 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 a decision is had thereon
    (VI, 587; VIII, 2332, 2764). 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 of
    the House as in the Committee of the Whole apply (Sec. 427, supra).
    However, 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 has been conferred by the House (July 22,
    1999, p. 17291; Apr. 3, 2003, pp. 8490, 8491; Nov. 7, 2007, p. _). An
    amendment disposed of in the Committee of the Whole by voice vote may
    not be withdrawn (June 17, 2004, p. _).

    [[Page 684]]

    drawn, the Chair is not obligated to rule on the point of order (VIII,
    3405; Dec. 3, 1979, p. 34385).
      A motion may be withdrawn after the affirmative side has been taken on
    a division (V, 5348). 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. If the motion is with

      A decision that prevents withdrawal may consist of the following: (1)
    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); (2) the ordering
    of the previous question (V, 5355; June 29, 1995, p. 17967), or the
    demand therefor (V, 5489), or (3) the refusal to lay on the table (V,
    5351, 5352; VIII, 2640).

      If 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 (V, 5349; Feb. 26, 1985, p. 3501) or if a
    voice vote (and the record vote on the associated motion for the
    previous question) has been vacated (Sept. 25, 2008, p. _), the
    resolution may be withdrawn. 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 against a voice vote thereon (pursuant to
    former clause 5 of rule I (current clause 8 of rule XX)), the manager
    may withdraw such motion when it is again before the House as unfinished
    business (July 24, 1989, p. 15818).

    Question of consideration
      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).

    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.

    [[Page 685]]

    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 that
    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.
      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. 47). 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

    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 offering of a motion to lay on the
    table but before its disposition (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
    pending, a motion to refer is not in order (V, 5554).

      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 in which 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).

    [[Page 686]]

    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,
    see Sec. 858, supra).

    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 a 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 merely for reference, 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 the consideration of which has been provided by a special
    order of business (IV, 3175; V, 4953-4957; June 22, 2006, p. _; Jan. 24,
    2007, p. _; Jan. 31, 2007, p. _), unless the order provides for
    immediate consideration (V, 4960) or provides for the Speaker's
    declaration that the House resolve into the Committee of the Whole under
    clause 2 of rule XVIII. The question may be raised against a bill on the
    Union Calendar on Calendar Wednesday before resolving into the Committee
    of the Whole even

      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),
    and the question of consideration is not available after the House has
    resolved into the Committee of the Whole (May 10, 2007, p. _).

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

      A  point of order against consideration of a bill 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).

    Sec. 910. Unfunded mandates; congressional
    earmarks.

      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 permit 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 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.

    [[Page 687]]

      Clause 9 of rule XXI establishes a point of order against
    consideration of certain measures for failure to disclose (or disclaim
    the presence of) certain earmarks, tax benefits, and tariff benefits
    (paragraphs (a) and (b)), and permits a vote on the question of
    consideration of a rule or order waiving such points of order (paragraph
    (c)). Certain cognizability thresholds are established for points of
    order under the rule (paragraph (d)). See Sec. 1068d, infra.

    Precedence of motions
      Both points of order may be raised against the same special order of
    business (May 14, 2008, p. _).

    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 the
    discretion of the Speaker, 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 688]]

    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). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). 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. 47).
      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) was 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). For a discussion of the motion for
    the previous question, see Sec. Sec. 994-1000, infra.

    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 the following yield to it: (1) a question of privilege
    (III, 2521), including a resolution considered to be a ``question of
    high constitutional privilege'' such as one declaring the office of
    Speaker vacant and to direct the House to proceed at once to the
    election of a new Speaker (VIII, 2641); (2) 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); (3) a motion to suspend the rules
    (Aug. 11, 1992, p. 23086); (4) a motion to reconsider (V, 5605; see also
    clause 3 of rule XIX); (5) in the absence of a quorum, the motion for a
    call of the House (VIII, 2642); (6) a motion to dispense with further
    proceedings under the call (VIII, 2643); (7) a motion directing the
    Sergeant-at-Arms to arrest absentees during a call of the House (June 6,
    1973, p. 18403). A conference report may defer it only until the report
    is before the House (V, 6451-6453).

    [[Page 689]]

    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 motion to adjourn is not available when the previous question
    has been ordered by special rule to final passage without intervening
    motion (IV, 3211-3213, June 14, 2001, p. 10725; Apr. 18, 2002, p. _). A
    Member's mere revelation that the Member seeks to offer a motion to
    adjourn does not suffice to make that motion ``pending,'' and thus the
    Chair remains able to declare a short recess under clause 12 of rule I
    (Oct. 28, 1997, p. 23524; June 25, 2003, p. _).
      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: (1) after the yeas and
    nays are ordered and before the roll call has begun (V, 5366); (2)
    before the reading of the Journal (IV, 2757) or the Speaker's approval
    thereof (Speaker Wright, Nov. 2, 1987, p. 30386); (3) pending a motion
    to reconsider (Sept. 20, 1979, p. 25512); (4) 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 (5)
    when the Speaker is absent and the Clerk is presiding (I, 228). 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. 20902) 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

      When the House has fixed the hour of daily meeting, the simple motion
    to adjourn may not be amended (V, 5754), whether 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); or 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; Feb. 13, 2002, p. 1291), 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 690]]

    tive days on the same calendar day (Nov. 17, 1981, p. 27771; Oct. 29,
    1987, p. 29933; June 29, 1995, p. 17716). When the Speaker exercises
    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 because it is not debatable 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 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 precedent relates 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 (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
    legisla

      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. 37102).

    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 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. 1541), an appeal from a decision of the Chair (VIII, 3453; June
    22, 2006, p. _), 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 691]]

    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 proposed amendment to the table (V, 5435, 5436);
    the original question does not accompany an appeal (V, 5434); a
    resolution does not accompany a preamble or another resolution with
    which it is connected (V, 5428, 5430); a petition does not accompany the
    motion to receive it when the latter is laid on the table (V, 5431-
    5433); and a bill does not accompany a motion to instruct conferees that
    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),

      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.
    17054) and does not apply to motions to resolve 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).

      The motion to lay on the table generally is not applicable to motions
    that are neither debatable nor amendable. As such, it is not applicable
    to the following motions: (1) to adjourn (Aug. 3, 1990, p. 22195); (2)
    that when the House adjourn it stand adjourned to a day and time certain
    (Nov. 17, 1981, p. 27770); (3) to dispense with further proceedings
    under a call of the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-
    54); (4) to order the previous question (V, 5410, 5411; Oct. 4, 1994, p.
    27649). Furthermore, the motion may not be applied to: (1) a motion to
    suspend the rules (V, 5405); (2) a motion to commit after the previous
    question is ordered (V, 5412-5414; VIII, 2653, 2655); (3) 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).

      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 692]]

    Sec. 914a. The motion for the previous question.

        The
    precedents relating to the motion for the previous question are
    annotated in Sec. Sec. 994-1000.

    Sec. 915. The motions to postpone.

      As  indicated in the rule,
    the motions to postpone are two in number and distinct. The first one is
    to postpone to a day certain, and the second one is 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). If consideration of a
    measure postponed to a day certain resumes as unfinished 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 move to postpone pending business to Calendar Wednesday
    (VIII, 2614), but if so postponed by consent, when consideration is
    concluded on that Wednesday, proceedings under the Calendar Wednesday
    rule are in order (VII, 970). The motion is not available in Committee
    of the Whole (July 14, 1998, p. 15305), 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).

      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
    only within narrow limits (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).

    [[Page 693]]

      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), the motion to suspend the rules (V,
    5322), or the 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 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).

    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 (or commit, as the case may be), with or
    without instructions, pending the motion for or after ordering of the
    previous question as provided in clause 2(a) of rule XIX (V, 5569); the
    motion to recommit (or commit, as the case may be), with or without
    instructions, after the previous question has been ordered on a bill or
    joint resolution to final passage, provided in clause 2(b) of rule XIX;
    and the motion to refer, with or without instructions, pending a vote in
    the House to strike 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 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 if
    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).

      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 a 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).

    [[Page 694]]

    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).
      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,

    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).

    Divisibility

    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, 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), or 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).

    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.

    [[Page 695]]

      (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 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.

      Paragraphs (a) and (b) (former clause 6) were first adopted in 1789,
    and were 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 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. 47).

      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).

    [[Page 696]]

    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), because 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 because 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, because 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).

      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 resolving clauses separately certifying the
    contemptuous conduct of two individuals is divisible (Feb. 27, 1986, p.
    3040); as is a resolution with one resolving clause certifying
    contemptuous conduct of several individuals (Oct. 27, 2000, p. 25200;
    contrast, Deschler-Brown, ch. 30, Sec. 49.1). 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. 11064; June 19, 2009, 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 if
    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).

    [[Page 697]]

    (July 15, 1993, p. 15843). Absent a contrary order, the question may be
    divided on amendments 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).
      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 before the Chair puts the question thereon (Nov. 8,
    1983, p. 31495). A division may be demanded on an amendment to strike
    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

      A division of the question may not be demanded on a motion to strike
    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. 5418) and a perfecting amendment to an amendment may be divided if
    not in the form of a motion to strike and insert (V, 6131). When it is
    proposed to strike 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 (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 the words may not be offered as a
    substitute, because it would have the effect of dividing the motion to
    strike and insert (June 29, 1939, pp. 8282, 8284; June 19, 1979, pp.
    15566-68).

      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 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.

    [[Page 698]]

    (Sept. 25, 1990, p. 25575). An appeal from a decision of the Speaker
    involving two distinct questions may be divided (V, 6157).
      It is not in order to divide a motion to lay several connected
    propositions on the table (V, 6138-6140). Similarly, it is not in order
    to divide a motion for the previous question on two related
    propositions, as on a special order reported from the Committee on Rules
    and a pending amendment thereto

      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 under clause 7(c) of rule XXII (when multiple motions are in
    order) may be divided (Speaker Byrns, May 26, 1936, p. 7951; Sept. 20,
    2000, p. 18622), provided that separate substantive propositions are
    presented (Speaker Rayburn, May 9, 1946, p. 4750).

      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 the House (VIII, 2175, 3164),
    a question against which a point of order is pending (VIII, 3432), or a
    proposition under a motion to suspend the rules (V, 6141-6143; VIII,
    3171). A proposition reported from the Committee of the Whole as an
    entire and distinct amendment may not be divided (IV, 4883-4892). 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).

    [[Page 699]]

      After the vote on the first portion of the question, the second is
    open to debate and amendment, unless the previous question is ordered
    (see Sec. 482, supra). If a motion to concur in a Senate amendment is
    divided pursuant to a special rule, 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). If 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, if 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, ch. 27, Sec. 22.14; June 8,
    1995, p. 15302). If 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). If 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).

    Amendments
      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).

    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 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.

      This provision (formerly 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. 47). For further discussion
    see Deschler, ch. 27, Sec. Sec. 15-19.

    [[Page 700]]

    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).

    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), but the four motions specified by the rule
    may be pending at the same time (V, 5793; VIII, 2883, 2887). Where,
    pursuant to a special rule, a committee amendment in the nature of a
    substitute 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). When a request for a recorded
    vote in the Committee of the Whole is postponed under authority of a
    special order of the House (such authority now found in clause 6(g) of
    rule XVIII), the amendment becomes unfinished business and is no longer
    pending, thereby permitting the offering of another amendment (May 10,
    2000, p. 7513). An amendment

      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. 5418). 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). The Chair does not entertain a unanimous-
    consent request to designate a co-offeror of an amendment (May 20, 2004,
    p. _; Sept. 14, 2004, p. _).

      A Member may not amend or modify his or her own amendment except by
    unanimous consent (Oct. 1, 1985, p. 25453); and if 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. 1978; May 27, 1993, p.
    11849). 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).

      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). If
    a point of order is sustained against a discrete portion of an en bloc
    amendment, the entire en bloc amendment may not be considered; however,
    each constituent amendment may be offered separately if otherwise in
    order (Sept. 16, 1981, pp. 20735-38). An amendment considered with
    others en bloc and rejected may be offered separately at a subsequent
    time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932).

    [[Page 701]]

    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 (Deschler, ch. 27, Sec. 18.7). The Chair will not look behind
    the form of the amendment in determining whether it is perfecting or a
    substitute (June 13, 1994, p. 12731). 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 amendments are disposed of before voting on substitutes for
    the original amendment and amendments thereto (July 26, 1984, p. 21253).
      The substitute provided for in this rule has been construed as a
    substitute for the amendment and not as a substitute for the original
    text (VIII, 2883). A substitute amendment may be amended by striking all
    after its first word and inserting a new text (V, 5793, 5794). Although
    this is in effect a substitute, it is not technically so. A substitute
    always proposes to replace all the words of a pending amendment. The
    amendatory instructions contained in a substitute direct changes to be
    made in the original language rather than to the pending amendment.
    Although a substitute may change parts of a bill not changed by the
    pending amendment, the substitute must be germane to the pending
    amendment (VIII, 2879, 2880; Deschler, ch. 27, Sec. 18.6). A substitute
    may result in similar language to the original text proposed to be
    changed by the pending amendment, but may not result in identical
    language (Deschler, ch. 27, Sec. 18.15). To an

      An amendment offered as a substitute and rejected may again be offered
    as an original amendment without presenting an equivalent question. 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). An amendment that is adopted as amended by a
    substitute may not be reoffered in its original form if it would
    directly change the amended portion of the bill. However, it may be
    reoffered if the original amendment amends a different part of the bill
    (as in the case in which the amendatory instructions of the substitute
    displace the language of the original amendment). In such a case 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). An
    amendment considered with others en bloc and rejected may be offered
    separately at a subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4,
    1991, p. 29932).

    [[Page 702]]

    ment in the nature of a substitute, striking 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 in the nature of a substitute always proposes to strike
    all after the enacting or resolving words in order to insert a new text
    (V, 5785, footnote). 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). However,
    when it is proposed to offer a single substitute for several paragraphs
    of a bill that is being considered by paragraph, the substitute may be
    moved to the first paragraph, with notice that, if agreed to, motions
    will be made to strike the remaining paragraphs (V, 5795; VIII, 2898,
    2900-2903; July 29, 1969, p. 21218). An amendment in the nature of a
    substitute, as well as the original proposition, may be perfected by
    amendments before the vote on it is taken (V, 5786). If 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 Deschler, ch. 27, Sec. 5.34). 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). If a perfecting amendment to an amend

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

      Except  as provided in clauses 4 and 5(a) of rule XXI, a point of order
    against an amendment is timely if made or reserved before formal
    recognition of the proponent to commence debate thereon (July 16, 1991,
    p. 18391; July 15, 1997, pp. 14492, 14493), but thereafter comes too
    late (V, 6894, 6898-6899) unless the Member was on his or her feet
    seeking recognition for that purpose at the time the amendment was
    offered (July 28, 1995, p. 20897; May 25, 2006, p. _). To preclude a
    point of order, debate should be on the merits of the proposition (V,
    6901). The mere making of a unanimous-consent request to dispense with
    the reading of an amendment and to revise and extend remarks thereon is
    not such intervening business as would render a point of order untimely
    under this clause, if the Member making the point of order is on his or
    her feet seeking recognition (July 16, 1991, p. 18391; see Deschler-
    Brown, ch. 31, Sec. Sec. 6.39, 6.41). 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 raise a point of order (V, 6906; July
    18, 1990, p. 17930).

    Sec. 925. Withdrawal of the motion to amend.

      Although  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
    (clause 5 of rule XVIII; V, 5221; VIII, 2564, 2859).

    [[Page 703]]

    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. 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 chair of the
    committee reporting a bill should be recognized preferentially to offer
    amendments to perfect it over other Members (II, 1450). Amendments may
    not be offered by proxy (VIII, 2830). The motion to strike the enacting
    clause has precedence of the motion to amend, and may be offered while
    an amendment is pending (V, 5328-5331; VIII,

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

      With  some exceptions an amendment may attach itself to secondary
    or 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).

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

    928. Germane amendments.

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

      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) occupied a single former clause 7 (H. Res. 5, Jan. 6,
    1999, p. 47).

    [[Page 704]]

    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, because 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 a different proposition (V, 5834-5836;
    VIII, 2956; Sept. 14, 1950, p. 14844) nor by 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 an objection to a substitute as narrowing the scope of a pending
    amendment, absent some stated or necessarily implied reference to
    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; July 10, 2000, p. 13605), and if 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).
      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). Before 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 words
    already in a bill may not be ruled out as not germane (V, 5805; VIII,
    2918) unless such action would expand the scope and meaning of the text
    (VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment
    ``to strike the last word'' has been considered germane (July 28, 1965,
    p. 18639). Although 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

    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 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).

      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). A special order of business directing that certain matter be
    added to the engrossment of a bill does not operate until passage of
    that bill (Mar. 5, 2008, p. _).

    [[Page 705]]

    for a different agency not the subject of the pending paragraph (July
    17, 1985, p. 19436). Similarly, an amendment to a general appropriation
    bill in the form of a limitation on funds therein but extending to
    activities prescribed by laws unrelated to the functions of departments
    and agencies addressed by the bill is not germane (July 10, 2000, p.
    13605).
      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,
    because affecting budget authority

      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 if 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). If 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). Although the heading of the final
    title of a bill as ``miscellaneous'' does not thereby permit amendments
    to that title that are not germane thereto, the inclusion of
    sufficiently diverse provisions in such title affecting various
    provisions in the bill may permit further amendments that need only be
    germane to the bill as a whole (Apr. 10, 1979, pp. 8034-37).

      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 amended, 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 House-passed bill, which related
    to offenses directly related to official duties and responsibilities of
    Federal officials (Oct. 12, 1978, pp. 36459-61).

    [[Page 706]]

    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 that, 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 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,

      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 the following sections that it would supersede (V,
    5823; July 29, 1969, p. 21221). If a perfecting amendment to the text is
    offered pending a vote on a motion to strike 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).

    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, 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, because it is not in order
    to 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 if 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).

    [[Page 707]]

    and within the jurisdiction of the committee reporting the bill (Mar. 2,
    1967, p. 5155; July 16, 1991, p. 18397).
      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

    [[Page 708]]

    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 House provisions (V, 6188; VIII, 2936).
    But if a Senate amendment proposes to strike 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, 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 that was originally in the Senate bill or amendment and that
    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 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) that 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).

    [[Page 709]]

    and the United States (Nov. 6, 1997, p. 24824); 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. 4301); to a bill addessing enforcement of
    State liquor laws, an amendment addressing enforcement of State firearm
    laws (Aug. 3, 1999, p. 19213); to a bill addressing taxation under the
    Internal Revenue Code, a motion to recommit with instructions extending
    unemployment insurance benefits (May 9, 2003, p. 11110 (sustained by
    tabling of appeal)); to a bill reauthorizing the National Transportation
    Safety Board, an amendment extending unemployment insurance benefits
    (May 15, 2003, p. 11955 (sustained on appeal)); to an immigration bill
    addressing (1) issues of admissibility, detention, removal, and
    deportation of various classes of aliens (Sept. 21, 2006, p. _
    (sustained by tabling of appeal)) or (2) improvements in enforcement and
    judicial proceedings (Sept. 21, 2006, p. _), a motion to recommit with
    instructions proposing an increase in the number of U.S. Marshals; to a
    bill confined to housing-related matters, an amendment providing funding
    for various infrastructure projects (May 17, 2007, p. _); to a bill
    settling land claims of two tribal communities in a state, a motion to
    recommit with instructions broaching fuel procurement by federal
    agencies (June 25, 2008, p. _ (sustained by tabling of appeal)); to a
    bill addressing economic stabilization and assistance funds and housing
    matters, a motion to recommit with instructions addressing the solvency
    of various Social Security trust funds (Jan. 21, 2009, p. _ (sustained
    by tabling of appeal)).

    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.
    12488); to a joint resolution continuing appropriations for the current
    fiscal year, a motion to recommit with instructions to revise the
    reconciliation instructions in the concurrent resolution on the budget
    (Sept. 29, 2005, p. _); to a general appropriation bill, an amendment in
    the form of a limitation on funds therein for activities unrelated to
    the functions of departments and agencies addressed by the bill (July
    10, 2000, p. 13605); to a bill reauthorizing the National Sea Grant
    College Program, a proposal to amend existing law to provide for
    automatic continuation of appropriations in the absence of timely
    enactment of a regular appropriation bill (June 18, 1997, p. 11333); 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

      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 by enlisted personnel (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 710]]

    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. 29, 1996, p. 3257).
      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

    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, ch. 28, Sec. 5.6; Aug. 3, 1999, p.
    19213), 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, 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. For example, an amendment
    singling out one constituent element of a larger subject for specific
    and unrelated scrutiny is not germane. Thus, 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. 19213).
    Similarly, to a bill appropriating for only one fiscal year (and
    containing no provisions extending beyond that fiscal year), an
    amendment to extend an appropriation to another fiscal year is not
    germane (June 20, 2001, pp. 11233, 11234).

    [[Page 711]]

    lation 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 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, because 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 regu

    [[Page 712]]

    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,
    implicitly overruling V, 5582); to a bill prohibiting poll taxes, a
    motion to recommit the bill with instructions that the committee report
    it back in the form of a joint resolution amending the Constitution to
    accomplish the purpose of the bill (Deschler-Brown, ch. 28, Sec. 23.8);
    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 substitute to require by
    regulation that any fuel sold in commerce require a certain percentage
    of synthetic fuels (also broader in scope) (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 (also 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 (also within the jurisdiction of a
    different committee) (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,
    thereby 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); to a bill
    providing new budget authority, a motion to recommit with instructions
    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

    [[Page 713]]

    through prevention and treatment, an amendment imposing civil penalties
    on drug dealers (Sept. 16, 1998, p. 20587); to a resolution impeaching
    the President, an amendment censuring the President (Dec. 19, 1998, p.
    28107); 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 creating new Federal laws
    to regulate intoxicating liquor (Aug. 3, 1999, p. 19216); to a bill
    addressing persons convicted of sex offenses against children with
    criminal punishment, an amendment addressing such perpetrators by
    treatment and rehabilitation (Mar. 14, 2002, p. 3203).
      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 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

    [[Page 714]]

    authorizing military procurement and personnel strengths for one fiscal
    year, an amendment imposing permanent prohibitions and conditions on
    troop withdrawals from the Republic of Korea because including
    statements of policy within the jurisdiction of the Committee on Foreign
    Affairs (May 24, 1978, pp. 15293-95); to a bill reported from the
    Committee on Government Operations 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
    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) and the railroad industry (then within the jurisdiction of the
    Committee on Interstate and Foreign Commerce) (Oct. 5, 1972, p. 34115);
    to a bill reported from the Committee on Interior and Insular Affairs
    designating certain areas in a State as wilderness, an amendment
    providing unemployment benefits to workers displaced by the designation
    (Mar. 21, 1983, p. 6347); to a bill reported from the Committee on
    Science and Technology 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 (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 from the Committee
    on Education and Labor dealing with education, an amendment regulating
    telephone communications (a matter within the jurisdiction of the
    Committee on Energy and 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 Ways and Means addressing unemployment
    compensation, an amendment addressing stimuli for economic growth
    involving the jurisdictions of the Committees on Banking, Finance, and
    Urban Affairs and the Judiciary (Sept. 17, 1991, p. 23177); 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 and not solely
    related to military contracts (June 26, 1985, pp. 17417-19) and an

    [[Page 715]]

    amendment requiring reports on Soviet Union compliance with arms control
    commitments, a matter exclusively within the jurisdiction of the
    Committee on Foreign Affairs (Deschler-Brown, ch. 28, Sec. 4.26); to a
    bill reported from the Committee on Energy and 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) (Jan. 30, 1986, p. 1053); to a bill reported from
    the Committee on Merchant Marine and Fisheries 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)
    (July 8, 1987, p. 19013); to a bill reported by the Committee on
    Banking, Finance and Urban Affairs 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 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.
    35071); 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.
    794); 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. 3389); to a
    resolution authorizing the deployment of troops to implement a peace
    agreement within the jurisdiction of the Committee on Foreign Affairs,
    an amendment expressing support for the armed forces carrying such
    mission within the jurisdiction of both the Committees on Armed Services
    and Foreign Affairs (Mar. 11, 1999, p. 4301); to a bill addressing
    certain diplomatic efforts to curb alleged price-fixing in the global
    oil market within the jurisdiction of the Committee on Foreign Affairs,
    an amendment proposing to suspend oil exportation through changes to the
    Mineral Leasing Act within the jurisdiction of the Committee on Natural
    Resources and an amendment proposing to change the Energy Policy

    [[Page 716]]

    and Conservation Act to reauthorize Presidential authority to draw down
    the strategic petroleum reserve, a matter within the jurisdiction of the
    Committee on Energy and Commerce (Mar. 22, 2000, p. 3281); to a bill
    confined to tax issues within the jurisdiction of the Committee on Ways
    and Means, a motion to recommit with instructions to report an amendment
    addressing the minimum wage, a matter within the jurisdiction of the
    Committee on Education and the Workforce (now Education and Labor) (June
    22, 2006, p. _ (sustained by tabling of appeal)), or vice versa (Jan.
    10, 2007, p. _ (sustained by tabling of appeal)); to several individual
    bills on various topics within the jurisdiction of various other
    committees, an amendment addressing the Foreign Intelligence
    Surveillance Act of 1978, a matter within the jurisdiction of the
    Committee on the Judiciary and the Permanent Select Committee on
    Intelligence (July 12, 2007, p. _; Feb. 26, 2008, p. _; Feb. 27, 2008,
    p. _; Mar. 5, 2008, p. _; Mar. 6, 2008, p. _ (in each case sustained by
    tabling of appeal); Apr. 16, 2008, p. _ (sustained on appeal)); to a
    bill studying two rivers under the Wild and Scenic Rivers Act, and
    issues related thereto, within the jurisdiction of the Committee on
    Natural Resources, a motion to recommit with instructions addressing
    comprehensive energy legislation touching several other committees'
    jurisdictions (Sept. 10, 2008, p. _ (sustained by tabling of appeal));
    to a bill confined to taxation issues within the jurisdiction of the
    Committee on Ways and Means, a motion to recommit with instructions
    addressing laws within the jurisdiction of the Committees on
    Agriculture, Natural Resources, and Education and Labor (Sept. 26, 2008,
    p. _ (sustained by tabling of appeal)).

    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 various agricultural commodities,
    an amendment repealing price control authority for all commodities under
    an act reported from the Committee on Banking and Currency (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
    joint resolution continuing appropriations for the current fiscal year,
    a motion to recommit with instructions to revise the reconciliation
    instructions in the concurrent resolution on the budget (Sept. 29, 2005,
    p. _); to a bill reported by the Committee on Government Operations
    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 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 of 1974) 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 (May 3, 1977, p. 13242); to a bill reported
    from the Committee on Armed Services

    [[Page 717]]

    amended to include matter within the jurisdiction of the Committee on
    Energy and Commerce (but not amending laws within the jurisdiction of
    other committees), an amendment proposing to alter an existing
    interstate dairy compact and grant consent to additional compacts,
    matters within the jurisdiction of the Committee on the Judiciary, is
    not germane (Oct. 4, 2001, pp. 18797, 18809).
      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 rendering further similar
    amendments 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 Secretary of the
    Treasury, after consultation with the Secretary of Agriculture, to
    collect from certain recipients the monetary value of food stamps
    received was held germane because the performance of new duties by the
    Secretary of the Treasury and by the Internal Revenue Service not
    affecting 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). On the other hand, to a comprehensive farm bill
    authorizing a variety of programs within the jurisdiction of the
    Committees on Agriculture and Foreign Affairs, and

      To a bill amending an existing law to grant to merchant mariners
    benefits substantially equivalent to those granted to veterans in a
    separate 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 if 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).

      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 that, 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).

    [[Page 718]]

      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 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) (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.
    24824).

    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
    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 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. 19213).

    [[Page 719]]

    time (Dec. 13, 2007, p. _ (sustained by tabling of appeal)); 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 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 (also in 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 earmark from an appropriation
    bill, a House amendment reinserting part of the amount but adding other
    earmarks 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

    [[Page 720]]

    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
    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
    law, an amendment to accomplish another purpose by amending that 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 (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 (VIII, 2955) where it could not be shown that the amendment
    intended a return to the facility's existing designation (Feb. 4, 1998,
    p. 792); 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. 819); 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. 3389); to a joint resolution proposing an
    amendment to the Constitution authorizing Congress to prohibit physical
    desecration of the flag, a motion to recommit with instructions
    proposing an amendment to the Constitution requiring a balanced budget
    (June 22, 2005, p. _ (sustained by tabling of appeal)) or requiring that
    Social Security receipts and outlays

    [[Page 721]]

    be counted as receipts or outlays of the United States (June 22, 2005,
    p. _ (sustained by tabling of appeal)); to a joint resolution proposing
    an amendment to the Constitution to afford equal rights on the basis of
    sex, an amendment to add ``race, creed, or color'' (Oct. 12, 1971, pp.
    35813, 35814).

    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; June 20,
    2001, pp. 11233, 11234); to a measure continuing appropriations for the
    current fiscal year for a specified period, an amendment proposed in a
    motion to recommit making certain funds available beyond such

    [[Page 722]]

    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 addressing 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 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. 4425); to
    a bill addressing one class of imported goods (those produced by forced
    labor), an amendment addressing all imported goods from a specified
    country (Nov. 5, 1997, p. 24643); to a bill confined to a single
    national historic trail designation, a motion to recommit with
    instructions extending to all trails addressed by the National Trails
    System Act (July 10, 2008, p. _).

    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 Deschler-Brown,
    ch. 28, Sec. 9). 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.
    7446); to a bill to enable a department 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 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 before 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

      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, an
    amendment addressing funding for other departments as well as one
    addressing the compensation of Federal employees on a government-wide
    basis (Dec. 20, 1995, pp. 37886, 37888).

    [[Page 723]]

    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 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).
      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

      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). Although 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).

    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 Deschler-Brown, ch.
    28, Sec. 11). 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); to a portion
    of a bill providing two categories of economic assistance to foreign
    countries, an amendment adding a further specific category (Apr. 9,
    1979, pp. 7755-57); to a bill bringing two new categories within the
    coverage of existing law, an amendment to include a third category of
    the same class (Nov. 27, 1967, p. 33769); to a proposition 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 of the Senate amendment to
    additional borrowers within the same class (June 30, 1987, p. 18308); to
    an amendment addressing a range of criminal prohibitions, an amendment
    addressing another criminal prohibition within that range (Oct. 17,
    1991, p. 26767); to a bill addressing violent crimes, an amendment
    addressing violent crimes involving the environment (May 7, 1996, p.
    10344).

    [[Page 724]]

    od to accomplish that result (artist employment through the National
    Endowment for the Arts) may be germane (Apr. 26, 1976, p. 11101; see
    also June 12, 1979, p. 14460). However, 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). Other examples of amendments that have been held to be
    germane under this theory include: 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 (Oct. 10, 1973, p.
    33656); to a bill containing definitions of several of the terms used
    therein, an amendment modifying one of the definitions and adding
    another (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 (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 (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 (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
    (July 20, 1982, pp. 17073, 17074, 17092, 17093).
      Where a bill seeks to accomplish a general purpose (support of arts
    and humanities) by diverse methods, an amendment that adds a specific
    meth

    [[Page 725]]

    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 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 if 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, 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; Feb. 13, 2008, p. _
    (sustained by tabling of appeal)). 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, because 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). Although an
    amendment making a permanent change in existing law has been held not
    germane to a bill proposing a temporary change in that law, if 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, nec

    [[Page 726]]

    essarily 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 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 may be 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). If 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 relate to the provision
    of law being repealed (July 28, 1965, p. 18636). Generally to a bill
    amending one 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, because it was 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

    [[Page 727]]

    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 if 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 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 included in 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

    [[Page 728]]

    (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); 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
    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, ch. 28, Sec. Sec. 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
    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); to a proposition
    reducing the line-item authorization for certain missiles and
    prohibiting procurement of certain other missiles, an amendment
    proposing a conditional restriction on the availability of funds for
    such procurement that merely requires observation of activities of
    another country, which activities already constitute the policy basis
    for the funding of that governmental activity (missile procurement) (May
    16, 1984, p. 12510); to a bill authorizing federal funding of certain
    qualifying state programs, 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); to an
    authorization bill, an amendment that conditions the availability of
    such funds 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

    [[Page 729]]

    referring to funds provided in other acts (Nov. 17, 1967, p. 32968); and
    an amendment conditioning the availability of defense funds to foreign
    contractors based upon their compliance with Federal law regarding
    discrimination not otherwise applicable to them (and within the
    jurisdiction of other committees) (June 16, 1983, p. 16060); an
    amendment conditioning the availability of grants to states and
    localities based upon their compliance with Federal immigration law
    regarding employment eligibility verification not otherwise applicable
    to them (and within the jurisdiction of other committees) (Mar. 7, 2007,
    p. _).
      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 (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

      An amendment to a general appropriation bill in the form of a
    limitation on funds therein for activities unrelated to the functions of
    departments and agencies addressed by the bill is not germane (July 10,
    2000, p. 13605).

      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 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).

      Similarly, although 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), and may not
    be made applicable to money appropriated in other acts (IV, 3927; VII,
    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 has 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).

    [[Page 730]]

    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); an amendment
    conditioning authorization for one agency (National Science Foundation)
    on appropriations for another (National Aeronautics and Space
    Administration) (May 2, 2007, p. _); 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); and 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. 794). 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).
      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

    [[Page 731]]

    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 that 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 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 that 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 the
    official in the bill, an amendment further restricting such official's
    authority to construe under any circumstances certain other laws to be
    administered by that official (as an additional, although more

      An amendment providing a privileged procedure for expedited review of
    an agency's regulations is not germane if 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).

      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). Although 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 amendment 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 an unrelated contingency such as action or inaction by
    another class of recipient or agent not covered by the bill (Mar. 5,
    1986, p. 3613).

      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.
    21475). 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).

    [[Page 732]]

    was held not germane, because it dealt 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 the violation of an
    international agreement was held germane because 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
    labor disputes affecting public utilities (VIII, 3024).

    Readings
      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 on autos for 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

    941. Reading, engrossment, and passage of bills.

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

          (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.

    [[Page 733]]

    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. 47).
      This provision (formerly clause 1 of rule XXI) was adopted in 1789,
    amended in 1794, 1880 (IV, 3391), and on Jan. 4, 1965 (H. Res. 8, 89th
    Cong., p. 21). This latest amendment eliminated the provision that
    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,

    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, thereby carrying out the real purpose of the rule.

      Under paragraph (a), the first reading of a bill is in full and occurs
    when a bill is called up in the House (IV, 3391), although when called
    up pursuant to a unanimous-consent request, it is reported by title only
    (Dec. 18, 2005, p. _). The initial step of consideration in the
    Committee of the Whole is sometimes referred to as the ``first
    reading.'' Under clause 5 of rule XVIII that reading is in full and
    occurs before general debate commences. However, it customarily is
    dispensed with by unanimous consent or special rule, although a motion
    to dispense with the first reading is not in order (VIII, 2335, 2436).
    The Speaker may object to a request for unanimous consent to dispense
    with the first reading (IV, 3390; VII, 1054).

      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).

    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 immediately after it had
    been ordered to be engrossed and before it had been read a third time by
    title (IV, 3400, 3403, 3404; VII, 1061); and 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).

    [[Page 734]]

    vote on the final passage (V, 7029, 7030; VIII, 3504). A bill having
    been rejected by the House, consideration of a similar but not identical
    bill on the same subject was afterwards held to be in order (IV, 3384).

    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). If 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