germane, and sustain the point of order. [Deschler's Precedents] [From the U.S. Government Printing Office via GPO Access] [DOCID:52093c28_txt-29] [Page 8543-8545] CHAPTER 28 Amendments and the Germaneness Rule C. HOUSE-SENATE RELATIONS Sec. 28. Requirement That Amendments to Motions To Instruct Conferees Be Germane The rule that amendments must be germane applies to the instruc [[Page 8544]] tions in a motion to instruct conferees,(11) and the test of an amendment to a motion to instruct conferees is the relationship of the amendment to the subject matter of the House or Senate version of the bill (12) and not necessarily to the original motion to instruct. --------------------------------------------------------------------------- 11. See 8 Cannon's Precedents Sec. Sec. 3230, 3235. 12. See 28.2, infra. --------------------------------------------------------------------------- Amendments to Motion Where Previous Question Not Ordered ------------------- Sec. 28.1 One motion only is in order to instruct conferees prior to the Speaker's appointment of conferees, but is subject to an amendment to the motion, an amendment to the amendment, a substitute for the original amendment, and an amendment to the substitute, if such amendments are germane and the previous question is not ordered.(13) --------------------------------------------------------------------------- 13. See Sec. 28.2, infra. --------------------------------------------------------------------------- Test of Germaneness Sec. 28.2 An amendment to a motion to instruct conferees must be germane to the subject matter of either the House or Senate bill and not necessarily to the original motion to instruct. On Oct. 31, 1939,(14) the following parliamentary inquiry and response thereto were made: --------------------------------------------------------------------------- 14. 85 Cong. Rec. 1105, 76th Cong. 2d Sess. (special session). Under consideration was H.J. Res. 306 (Committee on Foreign Affairs), the Neutrality Act. --------------------------------------------------------------------------- Mr. [Joseph W.] Martin [Jr. of Massachusetts]: Mr. Speaker, a parliamentary inquiry. . . . For the information of the House, is it correct that an amendment to the motion to instruct conferees offered by the gentleman from Connecticut is in order at any time until the previous question is ordered? The Speaker: (15) If a Member gets recognition to offer an amendment and it is germane to the subject matter of either the House or Senate bill. --------------------------------------------------------------------------- 15. William B. Bankhead (Ala.). --------------------------------------------------------------------------- The Chair thinks it important in construing the rules, for the information of all Members of the House, to state that it must always be remembered that an amendment must be germane to the subject matter under consideration. In this instance it means the amendment must be germane to some provision in the Senate amendment to the House joint resolution or in the House joint resolution itself. The Chair may state, in order fully to clarify this matter so there may be no misunderstanding or confusion about the rights of Members--and there is no legitimate ground for confusion on this question--that now that a [[Page 8545]] motion has been offered by the gentleman from Connecticut to instruct the conferees, an amendment to that motion will be in order if germane, and to that amendment an amendment may be offered if germane. To the original amendment to the motion a substitute may be offered and an amendment to the substitute may be offered . . . and all five of those propositions may be pending at the same