[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress] [106th Congress] [House Document 105-358] [Rules of the House of Representatives] [Pages 641-691] [From the U.S. Government Printing Office, www.gpo.gov] Motions Rule XVI.--MOTIONS AND AMENDMENTS
902. Motions reduced to writing and entered on the Journal. | 1. Every motion entertained by the Speaker shall be reduced to writing on the demand of a Member, Delegate, or Resident Commissioner and, unless it is withdrawn the same day, shall be entered on the Journal with the name of the Member, Delegate, or Resident Commissioner offering it. A dilatory motion may not be entertained by the Speaker. |
Sec. 903. Dilatory motions. | The Speaker has declined to entertain debate or appeal on a question as to the dilatoriness of a motion, as to do so would be to nullify the rule (V, 5731); but has recognized that the authority conferred by the rule should not be exercised until the object of the dilatory motion ``becomes apparent to the House'' (V, 5713-5714). For example, the Chair has held that a virtually consecutive invocation of former rule XXX (current clause 6 of rule XVII), resulting in a second pair of votes on use of a chart and on reconsideration thereof, was not dilatory under this provision (or former clause 4(b) of rule XI (current clause 6(b) of rule XIII)) (July 31, 1996, p. 20700). Usually, but not always, the Speaker awaits a point of order from the floor before acting (V, 5715-5722). The rule has been applied to the motions to adjourn (V, 5721, 5731-5733; VIII, 2796, 2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to fix the time of five-minute debate in Committee of the Whole (V, 5734; VIII, 2817), and to lay on the table (VIII, 2816); and to the question of consideration (V, 5731-5733). The point of ``no quorum'' has also been ruled out (V, 5724-5730; VIII, 2801, 2808), and former clause 6 of rule XV (current clause 7 of rule XX), as adopted in the 93d Congress and as amended in the 95th Congress prevents the making of a point of no quorum under certain circumstances. A demand for tellers has been held dilatory (V, 5735, 5736; VIII, 2436, 2818-2821); but the constitutional right of the Member to demand the yeas and nays may not be overruled (V, 5737; VIII, 3107). (For ruling by Speaker Gillett construing dilatory motions, see VIII, 2804.) See also Sec. 857, supra, for discussion of dilatory motions pending consideration of Rules Committee report, and Sec. Sec. 857-858, supra, for rule prohibiting offering of dilatory amendments printed in the Record. |
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. |
Sec. 905. Conditions of withdrawal of motions. | Even after the affirmative side has been taken on a division the withdrawal of a motion has been permitted (V, 5348), also after a viva voce vote and the ordering and appointment of tellers (V, 5349). While the House was dividing on a second of the previous question (this second is no longer required) on a motion to refer a resolution, the Member was permitted to withdraw the resolution (V, 5350); also a motion was once withdrawn after the previous question had been ordered on an appeal from a decision on a point of order as to the motion (V, 5356). A motion to suspend the rules could be withdrawn at any time before a second was ordered (V, 6844; VIII, 3405, 3419), even on another suspension day (V, 6844) but not after a second was ordered, except by unanimous consent (VIII, 3420); but where a second is not required on a motion to suspend the rules under former clause 2 of rule XXVII (current clause 1 of rule XV), the motion may be withdrawn at any time before action is taken thereon (July 27, 1981, p. 17563). A motion may be withdrawn although an amendment may have been offered and be pending (V, 5347; VI, 373; VIII, 2639), and in the House an amendment, whether simple or in the nature of a substitute, may be withdrawn at any time before an amendment is adopted thereto or decision is had thereon (VI, 587; VIII, 2332, 2764); |
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. |
Sec. 907. Raising the question of consideration. | A Member may demand the question of consideration, although the Member in charge of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but after debate has begun the demand may not be made (V, 4937-4939). It has been admitted, however, after the making of a motion to lay on the table (V, 4943). The demand for the question of consideration may not be prevented by a motion for the previous question (V, 5478), but after the previous question is ordered it may not be demanded (V, 4965, 4966), even on another day, unless other business has intervened (V, 4967, 4968). The question of consideration being pending, a motion to refer is not in order (V, 5554). |
Sec. 908. Questions subject to the question of consideration. | The question of consideration may be demanded against a matter of the highest privilege, such as the right of a Member to his seat (V, 4941), a question involving the privilege of the House (VI, 560), against the motion to reconsider (VIII, 2437), but not against a bill returned with the President's objection (V, 4960, 4970). It may not be raised against a proposition before the House for reference merely, as a petition (V, 4964). It may not be demanded against a class of business in order under a special order or rule, but may be demanded against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may be raised against a bill which has been made a special order (IV, 3175; V, 4953-4957), unless the order provides for immediate consideration (V, 4960), and it may be raised against a bill on the Union Calendar on Calendar Wednesday before resolving into the Committee of the Whole even after one Wednesday has been devoted to it (VIII, 2447); but it may not be raised against a report from the Committee on Rules relating to the order of considering individual bills (V, 4961-4963; VIII, 2440, 2441). |
Sec. 909. Relation of question of consideration to points of order. | A point of order against the eligibility for consideration of a bill which if sustained might prevent consideration should be made and decided before the question of consideration is put (V, 4950, 4951; VII, 2439), but if the point relates merely to the manner of considering, it should be passed on afterwards (V, 4950). In general, after the House has decided to consider, a point of order raised with the object of preventing consideration, in whole or part, comes too late (IV, 4598; V, 4952, 6912-6914), but on a conference report the question of consideration may be demanded before points of order are raised against the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976, p. 33019). |
Sec. 910. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes several requirements on committees with respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c), establishes points of order to to permit separate votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the question of consideration of a rule or order waiving such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). The latter provision also prescribes that such points of order be disposed of by the question of consideration with |
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): |
Sec. 912. The motion to adjourn. | The motion to adjourn not only has the highest precedence when a question is under debate, but, with certain restrictions, it has the highest privilege under all other conditions. Even questions of privilege (III, 2521), such as a motion privileged under the Constitution (VIII, 2641), the filing of a privileged report pursuant to former clause 4(a) of rule XI (current clause 5 of rule XIII) (Apr. 29, 1985, p. 9699), a motion to suspend the rules (Aug. 11, 1992, p. 23086), and the motion to reconsider yield to it (V, 5605), and a conference report may defer it only until the report is before the House (V, 6451-6453). Pursuant to clause 6(b) of rule XIII or clause 1(b) of rule XV, only one motion to adjourn is in order, pending consideration of a privileged report from the Committee on Rules or a motion that the House suspend the rules, respectively. The motion may be made after the yeas and nays are ordered and before the roll call has begun (V, 5366), before the reading of the Journal (IV, 2757) or the Speaker's approval thereof (Speaker Wright, Nov. 2, 1987, p. 30386), pending a motion to reconsider (Sept. 20, 1979, p. 25512), after the House rejects a motion to table a motion to instruct conferees and before the vote occurs on the motion to instruct (May 29, 1980, pp. 12717-19), or when the Speaker is absent and the Clerk is presiding (I, 228), and in the absence of a quorum has precedence over the motion for a call of the House (VIII, 2642), takes priority of a motion to dispense with further proceedings under the call (VIII, 2643), and takes precedence of a motion directing the Sergeant-at-Arms to arrest absentees during a call of the House (June 6, 1973, p. 18403). But the motion to adjourn may not interrupt a Member who has the floor (V, 5369, 5370; VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. ----) as, for example, by virtue of unanimous-consent permission to announce to the House the legislative program (Dec. 14, 1982, p. 30549), or a call of the yeas and nays (V, 6053), or the actual act of voting by other means (V, 5360), or be made after the House has voted to go into Committee of the Whole (IV, 4728; V, 5367, 5368), or defer the right of a Member to take the oath (I, 622) and may not be repeated in the absence of intervening business (Speaker Albert, July 31, 1975, p. 26243); and when no question is under debate it may not displace a motion to fix the day to which the House shall adjourn (V, 5381). The Speaker has refused to recognize for |
Sec. 913. Motion to fix the day to which the House shall adjourn and motion to authorize the Speaker to declare a recess. | The motion to fix the day and time to which the House shall adjourn, in its present form, was included in this clause of rule XVI and given privileged status in the 93d Congress (H. Res. 6, Jan. 3, 1973, p. 26). At several times during the 19th Century, the motion to fix the day to which the House should adjourn was included within the rule as to the precedence of motions but was dropped because of its use in obstructive tactics (V, 5301, 5379). The following precedents relate to the use of the motion in its earlier form: No question being under debate, a motion to fix the day to which the House should adjourn, already made, was held not to give way to a motion to adjourn (V, 5381). But if the motion to adjourn be made first, the motion to fix the day or for a recess is not entertained (V, 5302). The motion to fix the day is not debatable under the practice of the House (V, 5379, 5380; VIII, 2648, 3367), requires a quorum for adoption (IV, 2954; June 19, 1975, p. 19789; June 22, 1976, p. 19755), and is only in order if offered on the day on which the adjournment applies (Sept. 23, 1976, p. 32104). The House may convene and adjourn twice on the same calendar day pursuant to a motion under this clause that when the House adjourn it adjourn to a time certain later in the day, thereby meeting for two legislative days on the same calendar day (Nov. 17, 1981, p. 27771; Oct. 29, 1987, p. 29933; June 29, 1995, p. ----). When the Speaker exercises his discretion to entertain at any time a motion that when the House adjourn it stand adjourned to a day and time certain, the motion is of equal privilege with the simple motion to adjourn and takes precedence over a pending question on which the vote has been objected to for lack of a quorum (Nov. 17, 1981, p. 27770). The motion is not subject to the motion to lay on the table since it is not debat |
Sec. 914. Motion to lay on the table. | The motion to lay on the table is used in the House for a final, adverse disposition of a matter without debate (V, 5389), and is in order before the Member entitled to prior recognition for debate has begun his remarks (V, 5391- 5395; VIII, 2649, 2650). Under the explicit terms of this clause, the motion is not debatable (Oct. 17, 1991, p. 26749). The motion is applicable to a motion to reconsider (VIII, 2652, 2659), a motion to postpone to a day certain (VIII, 2654, 2657), a resolution presenting a question of privilege (VI, 560), a privileged resolution offered at the direction of a party caucus electing Members to committees (Feb. 5, 1997, p. ----), an appeal from a decision of the Chair (VIII, 3453), a motion to discharge a committee from a resolution of inquiry (VI, 415), a proposal to investigate with a view to impeachment (VI, 541), a concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512), and a resolution to expel a Member (Oct. 1, 1976, p. 35111). But a question of privilege (affecting the right of a Member to a seat) that has been laid on the table may be taken therefrom on motion made and agreed to by the House (V, 5438). The motion to lay on the table has the precedence given it by the rule, but may not be made after the previous question is ordered (V, 5415-5422; VIII, 2655), or even after the yeas and nays have been ordered on the demand for the previous question (V, 5408, 5409); but pending the demand for the previous question on a motion that is under debate, the motion to lay the primary motion on the table is preferential and is voted on first (Speaker Albert, Sept. 22, 1976, pp. 31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400). The previous question having been ordered on a bill to final passage, the motion to lay the bill on the table may not then be offered pending a motion to reconsider the vote whereby the bill had been passed or rejected (Sept. 20, 1979, p. 25512). |
Sec. 915. The motions to postpone. | As indicated in the rule, the motions to postpone are two in number and distinct: One to postpone to a day certain; the other to postpone indefinitely. Each must apply to the whole and not a part of the pending proposition (V, 5306). Neither may be entertained after the previous question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied to a special order providing for the consideration of a class of bills (V, 4958); but when a bill comes before the House under the terms of a special order that assigns a day merely, a motion to postpone may be applied to the bill (IV, 3177-3182). Business postponed to a day certain is in order on that day immediately after the approval of the Journal and disposition of business on the Speaker's table, unless displaced by more highly privileged business (VIII, 2614). Where consideration of a measure postponed to a day certain resumes as unfin |
Sec. 916. The motions to refer. | The parliamentary motion to refer is explicitly recognized and given status in four different situations under House rules: The ordinary motion provided for in this clause; the motion to recommit with or without instructions after the previous question has been ordered on a bill or joint resolution to final passage, provided in clause 2 of rule XIX; the motion to commit, with or without instructions, pending the motion for or after ordering of the previous question as provided in clause 1 of rule XIX (V, 5569); and the motion to refer, with or without instructions, pending a vote in the House to strike out the enacting clause as provided in clause 9 of rule XVIII. The terms ``refer,'' ``commit,'' and ``recommit'' are sometimes used interchangeably (V, 5521; VIII, 2736), but when used in the precise manner and situation contemplated in each rule, reflect certain differences based upon whether the question to which applied is ``under debate,'' whether the motion itself is |
Sec. 917. Instructions with the motion to refer. | The motion to refer may specify that the reference shall be to a select as well as a standing committee (IV, 4401) without regard for rules of jurisdiction (IV, 4375; V, 5527) and may provide for reference to another committee than that reporting the bill (VIII, 2696, 2736), or to the Committee of the Whole (V, 5552, 5553), and even that the committee be endowed with power to send for persons and papers (IV, 4402). Unless the previous question is ordered the motion may be amended (VIII, 2712, 2738), in part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982, pp. 20969, 20975-78). |
Sec. 918. Repetition of motions. | The rule specifies that the motions to postpone and refer shall not be repeated on the same day at the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under the practice, also, a motion to adjourn may be repeated only after intervening business (V, 5373; VIII, 2814), debate (V, 5374), the ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on a question of order (V, 5378), reception of a message (V, 5375). The motion to lay on the table may also be repeated after intervening business (V, 5398-5400); but the ordering of the previous question (V, 5709), a call of the House (V, 5401), or decision of a question of order have been held not to be such intervening business, it being essential that the pending matter be carried to a new stage in order to permit a repetition of the motion (V, 5709). |
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. |
Sec. 920. Motion to strike out and insert not divisible. | (c) A motion to strike and insert is not divisible, but rejection of a motion to strike does not preclude another motion to amend. |
Sec. 921. Principles governing the division of the question. | The principle that there must be at least two substantive propositions in order to justify division is insisted on rigidly (V, 6108-6113), as failure to do so produces difficulties (III, 1725). The question may not be divided after it has been put (V, 6162), or after the yeas and nays have been ordered (V, 6160, 6161); but division of the question may be demanded after the previous question is ordered (V, 5468, 6149; VIII, 3173). In passing on a demand for division the Chair considers only substantive propositions and not the merits of the question presented (V, 6122). It seems to be most proper, also, that the division should depend on grammatical structure rather than on the legislative propositions involved (I, 394; V, 6119), but a question presenting two propositions grammatically is not divisible if either does not constitute a substantive proposition when considered alone (VII, 3165). Thus a resolution censuring a Member and adopting a report of a committee thereon, which recommends censure on the basis of the committee's findings, is not divisible since those questions are substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and an adjournment resolution that also authorizes the receipt of veto messages from the President during the adjournment is not subject to a division of the question, as the receipt authority would be nonsensical standing alone (June 30, 1976, p. 21702). However, a concurrent resolution on the budget is subject to a demand for a division of the question if, for example, the resolution grammatically and substantively relates to different fiscal years (May 7, 1980, pp. 10185-87), or includes a separate, hortatory section having its own grammatical and substantive meaning (Speaker Foley, Mar. 5, 1992, p. 4657). |
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 |
Sec. 923. Conditions of the motion to amend. | It is not in order to offer more than one motion to amend of the same nature at a time (V, 5755; VIII, 2831), and two independent amendments may be voted on at once only by unanimous consent of the House (V, 5979). Amendments en bloc, once pending, are open to perfecting amendment at any point (June 12, 1991, p. 14337). An amendment must contain instructions to the Clerk as to the portion of the bill it seeks to amend and is subject to a point of order if not in proper form (Oct. 3, 1985, p. 25970). An amendment may not propose to change portions of a measure not yet read for amendment (Mar. 24, 1999, p. ----). A Member may not amend or modify his own amendment except by unanimous consent (Oct. 1, 1985, p. 25453); and where the Chair recognizes the proponent of an amendment to propound such a unanimous-consent request before commencing debate, the Chair does not charge time consumed under a reservation of objection against the proponent's time for debate on the amendment (Feb. 3, 1993, p. ----; May 27, 1993, p. ----). Discrete propositions to strike out and insert provisions on diverse pages and lines of a bill and to insert a new section on a separate subject may constitute separate amendments which may be offered en bloc only by unanimous consent, even when the bill has been considered as read and open to amendment at any point (Sept. 16, 1981, Deschler's Precedents, vol. 9, ch. 27, sec. 11.26). But the four motions specified by the rule may be pending at one and at the same time (V, 5793; VIII, 2883, 2887). Once a perfecting amendment to an amendment is disposed of, the original amendment, as amended or not, remains open to further perfecting amendment (June 20, 1991, p. 15610), and all such |
Sec. 924. Relation of point of order to motion to amend. | A point of order against an amendment is timely if made or reserved prior to formal recognition of the proponent to commence debate thereon (July 16, 1991, p. 18391), but thereafter comes too late (V, 6894, 6898-6899) except as provided in clauses 4 and 5(a) of rule XXI. To preclude a point of order, debate should be on the merits of the proposition (V, 6901). When enough of an amendment has been read to show that it is out of order, a point of order may be raised without waiting for the reading to be completed (V, 6886-6887; VIII, 2912, 3437), though the Chair may decline to rule until the entire proposition has been read (Dec. 14, 1973, pp. 41716-18). A timely reservation of a point of order by one Member inures to the benefit of any other Member who desires to press a point of order (V, 6906; July 18, 1990, p. 17930). |
Sec. 925. Withdrawal of the motion to amend. | While the rule provides that either an ordinary or substitute amendment may be withdrawn in the House (V, 5753) or ``in the House as in Committee of the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn or modified in Committee of the Whole except by unanimous consent (V, 5221; VIII, 2564, 2859). |
Sec. 926. Precedence of the motion to amend. | Pursuant to clause 4 of rule XVI, the motion for the previous question takes precedence of a motion to amend (Nov. 8, 1971, p. 39944); and if the previous question is not ordered, the motion to refer also has precedence of the motion to amend (V, 5555; VI, 373). Amendments reported by a committee are acted on before those offered from the floor (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a pending section is considered before a committee amendment adding a new section at the end of the pending section (Oct. 4, 1972, pp. 33779-82), and there is a question as to the extent to which the chairman of the committee reporting a bill should be recognized to offer amendments to perfect it in preference to other Members (II, 1450). Amendments may not be offered by proxy (VIII, 2830). The motion to strike out the enacting clause has precedence of the motion to amend, and may be offered while an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion to amend takes precedence over a motion that the Committee of the Whole rise and report the bill with the recommendation that it pass (July 27, 1937, p. 7699). |
Sec. 927. Relation of the motion to amend to other motions. | With some exceptions an amendment may attach itself to secondary and privileged motions (V, 5754). Thus, the motions to postpone, refer, amend, for a recess, and to fix the day to which the House shall adjourn may be amended (V, 5754; VIII, 2824). But the motions for the previous question, to lay on the table, to adjourn (V, 5754) and to go into Committee of the Whole to consider a privileged bill may not be amended (IV, 3078, 3079; VI, 723-725). |
928. Germane amendments. | 7. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. |
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 |
Sec. 930. Instructions to committees and amendments thereto. | The rule that amendments must be germane applies to amendments to the instructions in a motion to instruct conferees (VIII, 3230, 3235), and the test of germaneness of an amendment to a motion to instruct conferees, in addition to the measurement of scope of conference, is the relationship of the amendment to the subject matter of the House or Senate version of the bill (Deschler-Brown Precedents, vol. 11, ch. 28, sec. 28.2). The rule of germaneness similarly applies to the instructions in a motion to recommit a bill to a committee of the House, as it is not in order to |
Sec. 931. Senate amendments and matter contained in conference reports. | In the consideration of Senate amendments to a House bill an amendment must be germane to the particular Senate amendment to which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506; Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to a Senate amendment is germane to the original House bill if it is not germane to the subject matter of a Senate amendment that merely inserts new matter and does not strike out House provisions (V, 6188; VIII, 2936). But where a Senate amendment proposes to strike out language in a House bill, the test of the germaneness of a motion to recede and concur with an amendment is the relationship between the language in the motion and the provisions in the House bill proposed to be stricken, as well as those to be inserted, by the Senate amendment (June 8, 1943, p. 5511; June 15, 1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the germaneness of an amendment to a motion to concur in a Senate amendment with an amendment is the relationship between the amendment and the motion, and not between the amendment and the Senate amendment to which the motion has been offered (Aug. 3, 1973, Deschler-Brown Precedents, vol. 11, ch. 28, sec. 27.6). Formerly, a Senate amendment was not subject to the point of order that it was not germane to the House bill (VIII, 3425), but under changes in the rules points of order may be made and separate votes demanded on portions of Senate amendments and conference reports containing language that would not have been germane if offered in the House. Clause 10 of rule XXII permits points of order against language in a conference report which was originally in the Senate bill or amendment and which would not have been germane if offered to the House-passed version, and permits a separate motion to reject such portion of the conference report if found nongermane (Oct. 15, 1986, p. 31498). For purposes of that rule, the House-passed version, against which |
Sec. 932. Subject matter as test of germaneness. | An amendment must relate to the subject matter under consideration. Thus, the following are not germane: To a bill seeking to eliminate wage discrimination based on the sex of the employee, an amendment to make the provisions of the bill applicable to discrimination based on race (July 25, 1962, p. 14778); to a bill establishing an office in the Department of the Interior to manage biological information, an amendment addressing socioeconomic matters (Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to Israel and funds for the United Nations emergency force in the Middle East, an amendment expressing the sense of Congress that the President conduct negotiations to obtain a peace treaty in the Middle East and the resumption of diplomatic and trade relations between Arab nations and the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent resolution expressing congressional concern over certain domestic policies of a foreign government and urging that government to improve those internal problems in order to enhance better relations with the United States, amendments expressing the necessity for United States diplomatic initiatives as a consequence of that foreign government's policies (July 12, 1978, pp. 20500-05); to a resolution amending several clauses of a rule of the House but confined in its scope to the issue of access to committee hearings and meetings, an amendment to another clause of that rule relating to committee staffing (Mar. 7, 1973, p. 6714); to a title of a bill that only addresses the administrative structure of a new department and not its authority to carry out transferred programs, an amendment prohibiting the department from withholding funds to carry out certain objectives (June 12, 1979, p. 14485); to an amendment authorizing the use of funds for a specific study, an amendment naming any program established in the bill for an unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to one of two reconciliation bills reported by the Budget Committee, an amendment making a prospective indirect change to the other reconciliation bill not then pending before the House (June 25, 1997, p. ----); to a bill reauthorizing the National Sea Grant College Program, a proposal to amend existing law to provide for automatic continuation |
Sec. 933. Fundamental purpose as test of germaneness. | The fundamental purpose of an amendment must be germane to the fundamental purpose of the bill (VIII, 2911). The Chair discerns the fundamental purpose of a bill by examining the text of the bill and its report language (Deschler-Brown, vol. 10, ch. 28, sec. 5.6; Aug. 3, 1999, p. ----), rather than the motives that circumstances may suggest (V, 5783, 5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438). To a bill that comprehensively addresses a subject matter, an amendment that relates to that subject matter may not be ruled out as nongermane merely because the amendment may be characterized as private legislation benefitting certain individuals offered to a public bill (May 30, 1984, p. 14495). Similarly, to a bill proposing to accomplish a result by methods comprehensive in scope, an amendment in the nature of a substitute seeking to achieve the same result was held germane where it was shown that additional provisions not contained in the original bill were merely incidental conditions or exceptions that were related to the fundamental purpose of the bill (Aug. 2, 1973, pp. 27673-75; July 8, 1975, p. 21633; Sept. 29, 1980, pp. 27832-52). On the other hand, an amendment may relate to the same subject matter yet still stray from adherence to a common fundamental purpose, by, for example, singling out one constituent element of a larger subject for specific and unrelated scrutiny (Aug. 3, 1999, p. ----). |
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 |
Sec. 935. Various tests of germaneness are not exclusive. | The standards by which the germaneness of an amendment may be measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive; an amendment and the matter to which offered may be related to some degree under the tests of subject matter, purpose, and jurisdiction, and still not be considered germane under the precedents. Thus, the following have been held not to be germane: To a proposition relating to the terms of Senators, an amendment changing the manner of their election (V, 5882); to a bill relating to commerce between the States, an amendment relating to commerce within the several States (V, 5841); to a proposition to relieve destitute citizens of the United States in Cuba, a proposition declaring a state of war in Cuba and proclaiming neutrality (V, 5897); to a proposition |
Sec. 936. One individual proposition not germane to another. | One individual proposition may not be amended by another individual proposition even though the two belong to the same class (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990, p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane: To a bill proposing the admission of one territory into the Union, an amendment for admission of another territory (V, 5529); to a bill amending a law in one particular, amending the law in another particular (VIII, 2949); to a proposition to appropriate or to authorize appropriations for only one year (and containing no provisions extending beyond that year), an amendment to extend the authorization or appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28; see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99); to a measure earmarking funds in an appropriation bill, an amendment authorizing the program for which the appropriation is made (Nov. 15, 1989, p. 29019); to a bill for the relief of one individual, an amendment proposing similar relief for another (V, 5826-5829); to a resolution providing a special order for one bill, an amendment to include another bill (V, 5834-5836); to a provision for extermination of the cotton-boll weevil, an amendment including the gypsy moth (V, 5832); to a provision for a clerk for one committee, an amendment for a clerk to another committee (V, 5833); to a Senate amendment dealing with use of its contingent fund for art restoration in that body, a proposed House amendment for use of the House contingent fund for a similar but broader purpose (May 24, 1990, p. 12203); to a bill prohibiting transportation of messages relative to dealing in cotton futures, an amendment adding wheat, corn, etc. (VIII, 3001); to a bill prohibiting cotton futures, an amendment prohibiting wheat futures (VIII, 3001); to a bill for the relief of certain aliens, an amendment |
Sec. 937. A general provision not germane to a specific subject. | A specific subject may not be amended by a provision general in nature, even when of the class of the specific subject (V, 5843-5846; VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Procedure, ch. 28, sec. 8). Thus the following are not germane: To a bill for the admission of one territory into the Union, an amendment providing for the admission of several other territories (V, 5837); to a bill relating to all corporations engaged in interstate commerce, an amendment relating to all corporations (V, 5842); to a bill proscribing certain picketing in the District of Columbia, an amendment making the provisions thereof applicable throughout the United States (Aug. 22, 1966, p. 20113); to a joint resolution proposing an amendment to the Constitution prohibiting the United States or any State from denying persons 18 years of age or older the right to vote, an amendment requiring the United States and all States to treat persons 18 years and older as having reached the age of majority for all purposes under the law (Mar. 23, 1971, p. 7567); to a bill dealing with enforcement of United Nations sanctions against one country in relation to a specific trade commodity, an amendment imposing United States sanctions against all countries for all commodities and communications (Mar. 14, 1977, p. |
Sec. 938. Specific subjects germane to general propositions of the class. | A general subject may be amended by specific propositions of the same class (VIII, 3002, 3009, 3012; see also Procedure, ch. 28, sec. 9). Thus, the following have been held to be germane: To a bill admitting several territories into the Union, an amendment adding another territory (V, 5838); to a bill providing for the construction of buildings in each of two cities, an amendment providing for similar buildings in several other cities (V, 5840); to a resolution embodying two distinct phases of international relationship, an amendment embodying a third (V, 5839); to an amendment prohibiting indirect assistance to several countries, an amendment to include additional countries within that prohibition (Aug. 3, 1978, p. 24244); and to a portion of a bill providing two categories of economic assistance to foreign countries, an amendment adding a further specific category is germane (Apr. 9, 1979, pp. 7755-57). And where a bill seeks to accomplish a general purpose (support of arts and humanities) by diverse methods, an amendment that adds a specific method to accomplish that result (artist employment through National Endowment for the Arts) may be germane (Apr. 26, 1976, p. 11101; see also June 12, 1979, p. 14460). But to a resolution authorizing a class of employees in the service of the House, an amendment providing for the employment of a specified individual was held not to be germane (V, 5848-5849). To a proposition relating in many diverse respects to the political rights of the people of the District of Columbia, an amendment conferring upon that electorate the additional right of electing a nonvoting Delegate to the Senate was held germane (Oct. 10, 1973, p. 33656). To a bill bringing two new categories within the coverage of existing law, an amendment to include a third category of the same class was held germane (Nov. 27, 1967, p. 33769). To a bill containing definitions of several of the terms used therein, an amendment modifying one of the definitions and adding another may be germane (Sept. 26, 1967, p. 26878). To a bill authorizing a broad program of research and development, an amendment directing specific emphasis in the administration of the program is germane (Dec. 19, 1973, p. 42607). To a bill providing for investigation of relationships between environmental pollution and cancer, an amendment to investigate the impact of personal health habits, such as cigarette smoking, on that relationship was held germane (Sept. 15, 1976, pp. 30496-98). To a supplemental appropriation bill containing funds for several departments and agencies, an amendment in the form of a new chapter providing funds for capital outlays for subway construction in the District of Columbia was held germane (May 11, 1971, p. 14437). To a proposal authorizing military procurement, including purchase of food supplies, an amendment authorizing establishment that fiscal year of a military preparedness grain reserve was held germane as a more specific authorization (July 20, 1982, pp. 17073, 17074, 17092, 17093). To a Senate amendment providing for prepayment of loans by those within a certain class of borrowers who meet a specified criterion, a proposed House amendment eliminating the criterion to broaden the applicability |
Sec. 939. Amendments to bills amending existing law. | To a bill amending a general law on a specific point an amendment relating to the terms of the law rather than to those of the bill was ruled not to be germane (V, 5808; VIII, 2707, 2708); thus a bill amending several sections of one title of the United States Code does not necessarily bring the entire title under consideration so as to permit an amendment to any portion thereof (Oct. 11, 1967, p. 28649), and where a bill amends existing law in one narrow particular, an amendment proposing to modify such existing law in other particulars will generally be ruled out as not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013, 3031; May 12, 1976, p. 13532). To a bill narrowly amending an anti- discrimination provision in the Education Amendments of 1972 only to clarify the definition of a discriminating entity subject to the statutory penalties (denial of Federal funding), amendments re-defining a class of discrimination (sex), expanding the definition of persons who are the subject of discrimination (to include the unborn), and deeming a new entity (Congress) to be a recipient of Federal assistance (a class not necessarily covered by the class covered by the bill), were ruled not to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the same bill, an amendment merely defining a word used in the bill was held germane (June 26, 1984, p. 18865). Unless a bill so extensively amends existing law as to open up the entire law to amendment, the germaneness of an amendment to the bill depends on its relationship to the subject of the bill and not to the entire law being amended (Oct. 28, 1975, p. 34031). But a bill amending several sections of an existing law may be sufficiently broad to permit amendments that are germane to other sections of that law not mentioned in the bill (Feb. 19, 1975, p. 3596; Sept. 14, 1978, p. 29487). To a bill continuing and re-enacting an existing law amendments germane to the existing act sought to be continued have been held germane to the pending bill (VIII, 2940, 2941, 2950, 3028; Oct. 31, 1963, p. 20728; June 1, 1976, p. 16045); but where a bill merely extends an official's authority under existing law, an amendment permanently amending that law has been held not in order (Sept. 29, 1969, pp. 27341-43). Thus where a bill authorized appropriations to an agency for one year but did not amend the organic law by extending the existence of that agency, an amendment extending the life of another entity mentioned in the organic law was held not germane (May 20, 1976, p. 14912). An amendment making permanent changes in the law relating to organization of an agency is not germane to a title of a bill only authorizing appropriations for such agency for one fiscal year (Nov. 29, 1979, |
Sec. 940. Amendments imposing conditions, qualifications, and limitations. | Restrictions, qualifications, and limitations sought to be added by way of amendment must be germane to the provisions of the bill. Conditioning the availability of funds may be germane if the condition is related to the general purpose and within the scope of the pending proposition (Deschler-Brown Precedents, vol. 11, ch. 28, secs. 29-34). Thus, the following are germane: to a bill authorizing the funding of a variety of programs that satisfy several stated requirements in order to accomplish a general purpose, an amendment conditioning the availability of those funds upon implementation by their recipients of another program related to that general purpose (June 18, 1973, p. 20100); to a |
941. Reading, engrossment, and passage of bills. | 8. Bills and joint resolutions are subject to readings as follows: |
Sec. 942. First and second readings. | Formerly a bill was read for the first time by title at the time of its introduction, but since 1890 all bills have been introduced by filing them with the Clerk, thus rendering a reading by title impossible at that time (IV, 3391). But the titles of all bills introduced are printed in the Journal and Record, thus carrying out the real purposes of the rule. |
Sec. 943. The third reading after engrossment. | The right to demand the reading in full of the engrossed copy of a bill formerly guaranteed by the rule, existed only immediately after it had passed to be engrossed and before it had been read a third time by title (IV, 3400, 3403, 3404; VII, 1061); or before the yeas and nays had been ordered on passage (IV, 3402). The right to demand the reading in full caused the bill to be laid aside until engrossed even though the previous question had been ordered (IV, 3395-3399; VII, 1062). A privileged motion may not intervene before the third reading (IV, 3405), and the question on engrossment and third reading is not subject to a demand for division of the question (Aug. 3, 1989, p. 18544). A vote on passage must first be reconsidered to remedy the omission to read a bill a third time (IV, 3406). Senate bills are not engrossed in the House; but are ordered to a third reading. The demand for the reading of the engrossed copy of a Senate bill cannot be made in the House (VIII, 2426). |
Sec. 944. Voting on bills. | A bill in the House (as distinguished from the Committee of the Whole) is amended pending the engrossment and third reading (V, 5781; VI, 1051, 1052). The question on engrossment and third reading being decided in the negative the bill is rejected (IV, 3420, 3421). A bill must be considered and voted on by itself (IV, 3408). Where the two Houses pass similar but distinct bills on the same subject it is necessary that one or the other House act again on the subject (IV, 3386). The requirement of a two-thirds vote for proposed constitutional amendments has been construed in the later practice to apply only to the vote on the final passage (V, 7029, 7030; VIII, 3504). A bill having been rejected by the House, a similar but not identical bill on the same subject was afterwards held to be in order (IV, 3384). |