House Practice: A Guide to the Rules, Precedents and Procedures of the House

[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 26. Germaneness of Amendments]
[From the U.S. Government Printing Office, www.gpo.gov]

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CHAPTER 26 - GERMANENESS OF AMENDMENTS

HOUSE PRACTICE

A. Generally

Sec. 1. Introduction
Sec. 2. Germaneness Defined; Factors To Be Considered
Sec. 3. Proposition to Which Amendment Must Be Germane
Sec. 4. Tests of Germaneness
Sec. 5. -- Subject Matter
Sec. 6. -- Committee Jurisdiction
Sec. 7. -- Fundamental Purpose
Sec. 8. -- Accomplishing Result of Bill by Different Method
Sec. 9. -- Individual Proposition or Class Not Germane to Another
Sec. 10. -- General Amendments to Specific or Limited Propositions
Sec. 11. -- Specific Amendments to General Propositions
Sec. 12. -- Adding to Two or More Propositions
Sec. 13. Appropriation Bills

B. Application of Rule to Particular Forms of Amendment

Sec. 14. In General
Sec. 15. Amendments to Particular Portion of Bill
Sec. 16. Adding New Section or Title
Sec. 17. Striking Text
Sec. 18. Substitute Amendments
Sec. 19. Committee Amendments
Sec. 20. Recommittals; Instructions to Committees

C. Amendments Imposing Qualifications or Limitations

Sec. 21. In General; Exceptions or Exemptions
Sec. 22. Conditions or Qualifications
Sec. 23. Restrictions or Limitations
Sec. 24. -- Discretionary Powers
Sec. 25. -- Use of Funds
Sec. 26. Postponing Effectiveness Pending Contingency

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D. Relation to Existing Law

Sec. 27. Amendments to Bills Amending Existing Law
Sec. 28. Amendments to Bills Repealing Existing Law
Sec. 29. Amendments to Bills Incorporating Other Laws by Reference
Sec. 30. Amendments to Bills Continuing or Extending Existing Laws
Sec. 31. Amendments Changing Law to Bills Not Changing That Law

E. House--Senate Relations

Sec. 32. Senate Germaneness Rules
Sec. 33. Motions to Instruct Conferees
Sec. 34. Senate Provisions in Conference Reports and in Amendments in
Disagreement
Sec. 35. Amendments to Senate Amendments

F. Procedural Matters; Points of Order

Sec. 36. In General
Sec. 37. Waiver of Points of Order
Sec. 38. Timeliness of Points of Order
Sec. 39. Debate on Points of Order
Sec. 40. Anticipatory and Hypothetical Rulings
Research References
5 Hinds Sec. Sec. 5801-5924
8 Cannon Sec. Sec. 2908-3064
Deschler-Brown Ch 28
Manual Sec. Sec. 467, 928-940, 1089

A. Generally

Sec. 1 . Introduction

Evolution of Rule

It is a fundamental rule of the House that a germane relationship
must exist between an amendment and the matter sought to be amended.
No such rule existed under the practice of the early common law or
under the rules of Parliament. A legislative assembly could by an
amendment change the entire character of any bill or other pending
proposition. It might entirely displace the original subject under
consideration, and in its stead adopt one wholly foreign to it, both
in form and in substance. 5 Hinds Sec. 5825; Deschler-Brown Ch 28
Sec. Sec. 1, 17.2; 105-2, Dec. 18, 1998, p ____.

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The House adopted its first germaneness rule in 1789, amended it
in 1822, and has retained the rule in every Congress. Rule XVI clause
7 states that no motion or proposition on a ``subject different from
that under consideration shall be admitted under color of amendment.''
Manual Sec. 928. The purpose of the rule is to maintain an orderly
legislative process, and to prevent hasty and ill-considered
legislation. It prevents the presentation to the House of propositions
that might not reasonably be anticipated, and for which it might not
be properly prepared. 8 Cannon Sec. 2993. Most State legislatures also
have germaneness requirements.
As important as the germaneness rule may be to the legislative
process, it is not self-enforcing. A Member must raise a point of
order against an amendment to enforce the rule. The House frequently
waives the rule by adopting a special rule from the Committee on
Rules. Sec. 37, infra.

Application of Rule Limited to Amendments

The germaneness rule applies to amendments and not to the
relationship between the various propositions set forth within the
bill itself. 5 Hinds Sec. 6929; Deschler-Brown Ch 28 Sec. 1. A bill
may be composed in the first instance to embrace different subjects.
The germaneness rule may preclude the introduction of a new subject by
way of amendment during consideration of the bill. 5 Hinds Sec. 5825.
For example, a point of order will not lie against an original
appropriation in a general appropriation bill because it is not
germane to the rest of the bill. Deschler-Brown Ch 28 Sec. 17.1.
A point of order will not lie against a special order reported
from the Committee on Rules ``self-executing'' the adoption in the
House or in the Committee of the Whole of a nongermane amendment to a
measure because the amendment is not separately before the House
during consideration of the special order. Manual Sec. 928. For a
discussion of the germaneness of amendments to special orders reported
from the Committee on Rules, see Sec. 3, infra.

Application Before Adoption of Rules

The germaneness requirement has been held applicable in the House
even before the adoption of the rules, under a theory of general
parliamentary law based upon precedent. Manual Sec. 60.

Sec. 2 . Germaneness Defined; Factors To Be Considered

In General

For an amendment to be germane, it must be one that would
appropriately be considered in connection with the bill. 8 Cannon
Sec. 2993. The concept implies more than the mere ``relevance'' of one
subject to another.

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The fact that two subjects are related does not necessarily render
each of them germane to the other. 8 Cannon Sec. Sec. 2970, 2971,
2995; Deschler-Brown Ch 28 Sec. 3.57. The germaneness of an amendment
may depend on the relative scope of the amendment compared with that
of the proposition sought to be amended. A proposition of narrow or
limited scope may not be amended by a proposition of a more general
nature, even though both propositions may be related to each other.
Sec. 10, infra. For example, to a bill authorizing emergency loans to
livestock producers, an amendment changing the word ``livestock'' to
``agricultural'' was held to broaden the class of producers covered by
the bill and, therefore, to be not germane. Deschler-Brown Ch 28
Sec. 9.27.

Factors Considered in Determining Germaneness

In evaluating an amendment to determine its germaneness, the Chair
considers the relationship of the amendment to the pending text, as
perfected. The Chair only considers the relationship between the
amendment and an existing statute that the pending bill seeks to amend
if the existing statute is so comprehensively amended by the pending
bill as to call into question all its provisions. Manual Sec. 939; 8
Cannon Sec. 2942; Deschler-Brown Ch 28 Sec. 12.10. The Chair considers
the relationship of the amendment to the text to which it is offered
and does not rely in any primary sense on language in accompanying
reports not contained in the pending text. Deschler-Brown Ch 28
Sec. 2.3.
The stage of the reading in the House or Committee of the Whole
also must be considered when evaluating the germaneness of a
particular amendment. An amendment that might be considered germane if
offered at the end of the reading of the bill for amendment may not be
germane if offered during the reading, before all the provisions of
the bill are open to consideration. Deschler-Brown Ch 28 Sec. 18.1;
Sec. 3, infra.
The germaneness of an amendment is not to be judged by the
apparent motives of the Member offering it. Deschler-Brown Ch 28
Sec. 46.1. In ruling on germaneness, the Chair does not determine the
legal effect of the bill, law, or amendment in question. The Chair
rules only on whether the amendment addresses a ``subject different''
from that under consideration. Deschler-Brown Ch 28 Sec. Sec. 35.64-
35.66.
The title or heading of a bill is not controlling (although it may
be informative) in evaluating the germaneness of amendments offered to
propositions in the bill. The scope of a measure is determined by its
provisions and not by the phraseology of its formal title. Deschler-
Brown Ch 28 Sec. 2.4. Thus, the heading of a portion of a bill as
``Miscellaneous'' will not alone permit amendments to that portion
that are not germane to its actual content;

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but the provisions under such a heading may be sufficiently diverse to
permit an amendment to be tested, in effect, by its germaneness to the
bill as a whole. Manual Sec. 929; Deschler-Brown Ch 28 Sec. 2.5.

Sec. 3 . Proposition to Which Amendment Must Be Germane

Generally

The germaneness of an amendment is based on its relationship to
the particular portion of the bill to which offered. The amendment
should be germane to the particular paragraph, section, or title to
which it is offered and not anticipate the subject matter of other
portions not yet read or portions that have been passed in the
reading. Manual Sec. 929; 5 Hinds Sec. Sec. 5811-5820; 8 Cannon
Sec. 2922; Deschler-Brown Ch 28 Sec. 2. For example, the test of
germaneness of an amendment offered to a title of a bill being read
for amendment by titles is its relationship to the pending title as
perfected and not to the particular section within that title
addressed by the amendment. Manual Sec. 929.
The germaneness of an amendment inserting a new portion is based
on the relationship of the amendment to the portions of the bill that
have been read. For example, the germaneness of an amendment adding a
new title to the end of the bill is based on the relationship of the
amendment to the entire bill. Manual Sec. 929. Similarly, an amendment
inserting a new section need not necessarily be germane to the
preceding section of the bill, it being sufficient that the amendment
be germane to the sections of the bill read to that point. By the same
reasoning, an amendment in the form of a new paragraph need not be
germane to the paragraph immediately preceding or following it. Manual
Sec. 929; 8 Cannon Sec. Sec. 2932-2935.

Amendments to Pending Amendments

The test of germaneness of an amendment to a pending amendment is
its relationship to the pending amendment and not to the bill to which
that pending amendment has been offered. Deschler-Brown Ch 28
Sec. 2.24. It follows that the test of germaneness of a substitute for
a pending amendment is the relationship between the substitute and the
amendment and not between the substitute and the pending bill.
Deschler-Brown Ch 28 Sec. 2.17. Similarly, the test of germaneness of
an amendment to an amendment in the nature of a substitute is the
relationship between those two propositions, and not between the
amendment and the pending bill. Deschler-Brown Ch 28 Sec. 21.23.

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Consideration of Entire Bill

An amendment might be germane at the end of the reading of the
bill for amendment, even though it would not have been germane if
offered during the reading. Where a bill is, by unanimous consent,
considered as read and open to amendment at any point, the test of
germaneness of an amendment thereto is its relationship to the entire
bill and not just its relationship to the particular section to which
offered. Manual Sec. 929; Deschler-Brown Ch 28 Sec. Sec. 2.6, 2.31,
19.21. An amendment that adds a new portion at the end of the bill is
evaluated by the relationship of the amendment to the entire bill.
Manual Sec. 929.
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 their relationship to the separate portion
of the bill specifically proposed to be amended in the instructions.
Manual Sec. 929.

Effect of Prior Amendments

In evaluating the germaneness of an amendment, the Chair considers
the relationship of the amendment to the bill as modified by the
adoption of a prior amendment and is not bound solely by the
provisions of the original text. Thus, a perfecting amendment may be
ruled out as not germane where it pertains to text that has been
stricken from the bill. Manual Sec. 929; Deschler-Brown Ch 28
Sec. Sec. 2.9, 2.13, 35.32.

Effect of Pendency of Motion to Strike

A perfecting amendment to a title in a bill may be offered while
there is pending a motion to strike the title. Such an amendment is to
the pending text and not to the motion to strike; and thus the
amendment is required to be germane to the text to which offered
rather than the motion to strike. Manual Sec. 929.

Amendments to Special Orders Reported from the Committee on Rules

An amendment offered to a special order reported from the
Committee on Rules (for example, waiving germaneness points of order
against a specified amendment to be offered) must be germane to that
resolution. A special order 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 nor an amendment that
would permit the additional consideration of a nongermane amendment to
the bill. Manual Sec. 928.

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Sec. 4 . Tests of Germaneness

Generally; Nonexclusiveness of Tests

Various tests may be invoked to determine the germaneness of an
amendment. These tests are not mutually exclusive. Manual Sec. 935.
The Chair, in evaluating germaneness, first must understand the nature
and scope of the pending portion of the proposition being amended and
then the relationship of the offered amendment to that pending text.
The Chair follows the most appropriate line of precedent in rendering
a ruling.
An amendment may satisfy one of the tests and yet be ruled out
because of its failure to satisfy another. An amendment may thus be
subject to a germaneness point of order, even though it is in some
sense related to the pending proposition.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Excluding a Member-elect. . . . Expelling the Member-elect (5 Hinds Sec. 5924)

Expelling a Member. . . . Censuring a Member (6 Cannon Sec. 236)

Relating to interstate commerce. . . . Relating to foreign commerce (8 Cannon Sec. 2918)

Proposing a committee investigation. . . . Requesting a committee report (5 Hinds Sec. 5887)

Assigning clerks to committees. . . . Assigning clerks to Members (5 Hinds Sec. 5901)

Erecting a building for a mint. . . . Changing coinage laws (5 Hinds Sec. 5884)

Raising price of agricultural products by creation of Raising price by cooperative marketing (8 Cannon Sec.
corporation. . . . 2912)

Increasing food supplies by educational and Increasing food supplies by sale of fertilizer (8
demonstrational methods. . . . Cannon Sec. 2980)
Enforcing State liquor laws. . . . Enforcing State firearm laws (Manual Sec. 932)

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Sec. 5 . -- Subject Matter

Rule XVI clause 7 precludes amendments ``on a subject different
from that under consideration.'' This test of germaneness implies more
than mere ``relevance.'' The test is whether or not a new subject is
introduced by the amendment. An amendment relating to a subject to
which there is no reference in the pending text may be subject to a
point of order that it is not germane to the bill. Manual Sec. 932;
Deschler-Brown Ch 28 Sec. 3; see also Sec. 2, supra.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Creating a canal by one route. . . . Changing route (5 Hinds Sec. 5909)

Creating a board of inquiry. . . . Specifying time of report (5 Hinds Sec. 5915)

Creating two boards with separate duties. . . . Creating one board with authorization to discharge the
duties of both boards (8 Cannon Sec. 3064)

Rescinding an order for adjournment. . . . Fixing new date for adjournment (5 Hinds Sec. 5920)

Regulating immigration. . . . Providing an educational test for immigrants (5 Hinds
Sec. 5873)

Controlling public places in the District of Columbia. Removing fence of Botanic Garden (5 Hinds Sec. 5914)
. . .

Appropriating funds for acquisition of information Appropriating funds for investigation incident thereto
pertaining to agricultural products. . . . (8 Cannon Sec. 3060)

Authorizing the construction of naval vessels. . . . Providing that the vessels be constructed in government
plants (8 Cannon Sec. 3063)

Addressing the interrelation of House committees and Addressing the content of reports from the Committee on
imposing requirements for filing and content of Appropriations and the jurisdictional responsibilities
committee reports. . . . of that committee and legislative committees (Deschler-
Brown Ch 28 Sec. 35.89)

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Ameliorating procedures relating to mortgage Placing a moratorium on foreclosures of mortgages in
foreclosure under the National Housing Act. . . . economically depressed areas (Deschler-Brown Ch 28
Sec. 3.36)

Addressing certain sections of the Clean Air Act with Addressing another section of that Act suspending for a
respect to the impact of shortages of energy resources temporary period the authority of the EPA
on standards imposed under that Act. . . . Administrator to control automobile emissions (Manual
Sec. 932)

Prescribing the functions of a new Federal Energy Directing the Administrator to issue preliminary summer
Administration and conferring wide discretionary guidelines for citizen fuel use (Deschler-Brown Ch 28
powers on the Administrator. . . . Sec. 33.15)

Requiring a general study of factors affecting domestic Requiring a study of a particular factor--currency
production of automobiles exchange rates--affecting that production (Deschler-
Brown Ch 28 Sec. 10.6)

Held Not Germane

Text Amendment

Admitting religious refugees. . . . Admitting political refugees (8 Cannon Sec. 3047)

Limiting immigration. . . . Disseminating information to attract a better class of
immigrants (8 Cannon Sec. 3048)

Prohibiting mailing of revolvers. . . . Prohibiting mailing of publications advertising
revolvers (8 Cannon Sec. 3052)

Authorizing arbitration of claims against the Appropriating funds to pay claims so arbitrated (8
government. . . . Cannon Sec. 3057)

Eliminating wage discrimination based on the sex of the Eliminating discrimination based on race (Deschler-
employee. . . . Brown Ch 28 Sec. 3.18)

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Authorizing the use of American civilians to operate an Requiring that the U.S. contribution to the U.N. peace-
early-warning system in the Sinai. . . . keeping forces in the Middle East be proportionately
reduced (Deschler-Brown Ch 28 Sec. 3.47)

Establishing a cotton research program and promoting Providing for research with respect to training and
the marketing of cotton. . . . utilization of displaced farm labor in the cotton
industry (Deschler-Brown Ch 28 Sec. 3.5)

Extending the phased subsidization of certain Establishing a new class of mail and postal rate
categories of nonprofit mail. . . . therefor (Deschler-Brown Ch 28 Sec. 9.54)

Reducing tax liabilities of individuals and businesses Providing rebates to recipients under retirement and
by providing diverse tax credits within the Internal survivor benefit programs (Deschler-Brown Ch 28 Sec.
Revenue Code. . . . 35.52)

Governing the political activities of Federal employees Prohibiting any employment or compensation, from
and containing certain restrictions on Federal whatever source, for candidates for office (Deschler-
employment relative to such activities. . . . Brown Ch 28 Sec. 9.50)

Addressing access to committee hearings and meetings. . Addressing committee staffing (Deschler-Brown Ch 28
. . Sec. 35.91)

Addressing the administrative structure of a new Prohibiting the department from withholding funds to
department. . . . carry out certain objectives (Deschler-Brown Ch 28
Sec. 34.25)
During consideration of one of two reconciliation bills Changing prospectively and indirectly the other
reported by the Budget Committee. . . . reconciliation bill not then pending before the House
(Manual Sec. 932)

Reauthorizing the National Sea Grant College Program. . Amending existing law to provide for automatic
. . continuation of appropriations in the absence of
timely enactment of a regular appropriation bill
(Manual Sec. 932)

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Opposing concessional loans to a country and outlining Waiving provisions of other law by requiring changes in
principles governing the conduct of industrial tariff schedules to achieve overall trade reciprocity
cooperation projects of U.S. nationals in that between that country and the United States (Manual
country. . . . Sec. 932)

Authorizing the deployment of troops to implement a Expressing support for the armed forces in carrying out
peace agreement. . . . such mission (Manual Sec. 932)

Addressing enforcement of State liquor laws. . . . Addressing enforcement of State firearm laws (Manual
Sec. 932)

Proposals Relating to Studies

To a proposal authorizing a program to be undertaken, an amendment
providing for a study to determine the feasibility of undertaking such
a program may be germane. Deschler-Brown Ch 28 Sec. 30.37 (in effect
overturning 8 Cannon Sec. 2989). Conversely, an amendment requiring
certain action is not germane to a proposal that would merely require
a study. Accordingly, to a proposition establishing a commission to
study a matter, an amendment directing an official to undertake and
accomplish that matter is not germane. Deschler-Brown Ch 28 Sec. 3.69.
However, if an amendment to a proposal to study a matter merely
requires the submission of proposed legislation to implement the
study, the amendment may be germane. Deschler-Brown Ch 28 Sec. 3.14.

Sec. 6 . -- Committee Jurisdiction

Generally

Committee jurisdiction over the subject of an amendment is a
relevant test to be applied in determining the germaneness of that
amendment. Manual Sec. 934; Deschler-Brown Ch 28 Sec. 4. Thus, to a
bill providing agricultural price supports to stimulate domestic
orange production, an amendment restricting imports of oranges (within
the jurisdiction of the Committee on Ways and Means) would not be
germane. Manual Sec. 933. Similarly, an amendment changing the
statement of policy contained in a bill is not germane if its effect
is to fundamentally change the purpose of the bill and to emphasize a
subject within the jurisdiction of another committee. Deschler-Brown
Ch 28 Sec. 4.11. Likewise, an amendment conferring authority on an
executive official not mentioned in the pending proposition is not ger

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mane where the subject of that authority is not within the
jurisdiction represented in the pending proposition. Manual Sec. 934.
The chairman of the Committee of the Whole may determine the
germaneness of an amendment based upon the discernible committee
jurisdictions as to subject matter without infringing upon the
Speaker's prerogatives under rule XII to determine committee
jurisdiction over introduced legislation. Deschler-Brown Ch 28
Sec. 4.71. The fact that the amendment is contained in a motion to
recommit the bill with instructions does not dispense with the
requirement that the subject matter of the amendment be within the
jurisdiction represented in the pending text. Manual Sec. 930.
However, the fact that the subject matter of an amendment lies
within the jurisdiction of a committee other than that having
jurisdiction over the bill does not necessarily dictate the conclusion
that the amendment is not germane. Committee jurisdiction is but one
of the tests of germaneness. In ruling on the question, the Chair must
take into consideration other factors, including the fact that the
introduced bill may have been broadened or narrowed by amendment.
Manual Sec. 929. Where the bill is amended in Committee of the Whole
to include matters within the jurisdiction of a committee other than
the reporting committee, further similar amendments may be germane.
Deschler-Brown Ch 28 Sec. 4.54. The Chair also may take into account
the fact that the portion of the bill being amended itself contains
language related to the amendment that is not within the jurisdiction
of the committee reporting the bill. Manual Sec. 934. An amendment in
the nature of a substitute may be in order even though an incidental
portion of the amendment, if considered separately, might be within
the jurisdiction of another committee. Deschler-Brown Ch 28
Sec. 30.36.
Committee jurisdiction over the subject of an amendment is a
relevant test of germaneness where the pending text is entirely within
one committee's jurisdiction and where the amendment falls within
another committee's purview. Deschler-Brown Ch 28 Sec. 4.99. Thus,
committee jurisdiction is a relevant test where an authorization bill
that is solely within one committee's jurisdiction is proposed to be
amended by permanent changes of laws within another committee's
jurisdiction. Deschler-Brown Ch 28 Sec. 24.1. Committee jurisdiction
over the subject of an amendment may not be the most apt test of
germaneness where the proposition being amended contains provisions so
comprehensive as to overlap several committees' jurisdictions. Manual
Sec. 934.
This principle is illustrated in the following precedents:

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Held Not Germane

Text Amendment

A bill reported from the Committee on International Providing for payment of costs of settlement of
Relations dealing with humanitarian and evacuation evacuees in the U.S., a matter within the jurisdiction
assistance in South Vietnam. . . . of the Committee on the Judiciary (Deschler-Brown Ch
28 Sec. 4.52)

A bill reported from the Committee on Armed Services Requiring reports on the Soviet Union's compliance with
containing diverse provisions relating to national its arms control commitments, a matter within the
defense policy, military procurement, and personnel. . jurisdiction of the Committee on Foreign Affairs
. . (Deschler-Brown Ch 28 Sec. 4.26)

A bill reported from the Committee on Merchant Marine Urging cooperation of other nations as to certain Coast
and Fisheries authorizing various activities of the Guard and military operations, a matter within the
Coast Guard. . . . jurisdiction of the Committee on Foreign Affairs
(Deschler-Brown Ch 28 Sec. 4.46)

A bill reported from the Committee on Public Works and Amending the Clean Air Act (a statute within the
Transportation amending the Federal Water Pollution jurisdiction of the Committee on Energy and Commerce)
Control Act. . . . to regulate ``acid rain'' (Deschler-Brown Ch 28 Sec.
4.3)

A bill authorizing environmental research and Adding permanent regulatory authority by amending a law
development activities of an agency for two years. . . not within the jurisdiction of the committee reporting
. the bill (Deschler-Brown Ch 28 Sec. 4.1)

A bill relating to intelligence activities of the Effecting a change in the rules of the House by
executive branch. . . . directing a committee to impose an oath of secrecy on
its members and staff (Manual Sec. 934)

A bill reported from the Committee on Science and Expressing the sense of Congress as to the agency's
Technology authorizing environmental research and regulatory and enforcement activity--a matter within
development activities of an agency for two years. . . the jurisdiction of another committee (Deschler-Brown
. Ch 28 Sec. 4.2)

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A bill reported from the Committee on Interior and Providing unemployment and retraining entitlement
Insular Affairs designating certain wilderness areas payments to persons affected by such wilderness
in Oregon. . . . designations (Deschler-Brown Ch 28 Sec. 4.8)

A bill reported from the Committee on Agriculture Relating to tariff duties on imported dairy products, a
providing a one-year price support for milk. . . . matter within the jurisdiction of the Committee on
Ways and Means (Deschler-Brown Ch 28 Sec. 4.74)

A bill reported from the Committee on Public Works and Providing grants to such governments to assist them in
Transportation relating to grants to State and local providing public services, a program within the
governments for local public works construction jurisdiction of the Committee on Government Operations
projects. . . . (Deschler-Brown Ch 28 Sec. 4.99)

A bill reported from the Committee on Ways and Means Precluding the purchase of fuel-inefficient automobiles
providing taxes and tax incentives to conserve energy. by the government, a subject within the jurisdiction
. . . of the Committee on Government Operations (Deschler-
Brown Ch 28 Sec. 4.21)

A bill reported from the Committee on Interstate and Reducing energy consumption by the Federal government
Foreign Commerce to conserve energy resources by by a reduced work-week for Federal civilian employees,
regulating the production, allocation and use of those a matter within the jurisdiction of the Committee on
resources. . . . Post Office and Civil Service (Deschler-Brown Ch 28
Sec. 4.13)

A bill reported by the Committee on Ways and Means Eliminating all price support payments for sugar, a
dealing only with import duties and quotas on sugar. . matter within the jurisdiction of the Committee on
. . Agriculture (Deschler-Brown Ch 28 Sec. 4.73)

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A bill reported from the Committee on International Providing foreign and domestic economic assistance, a
Relations providing foreign economic assistance. . . . matter within the jurisdiction of the Committee on
Banking (Deschler-Brown Ch 28 Sec. 3.46)

A bill reported from the Committee on Energy and Prohibiting certain uses of general revenue-sharing
Commerce relating to mentally ill individuals. . . . funds (a matter within the jurisdiction of another
committee) in certain jurisdictions (Deschler-Brown Ch
28 Sec. 4.104)

A bill reported from the Committee on Education and Establishing a contingent military service obligation
Labor authorizing a variety of civilian national (a matter within the selective service jurisdiction of
service programs. . . . the Committee on Armed Services) (Manual Sec. 934)

A bill reauthorizing programs administered by two Providing for authority that is more general in scope,
agencies within one committee's jurisdiction. . . . affecting agencies within the jurisdiction of other
committees (Manual Sec. 934)

A bill reported by the Committee on Transportation and Rescinding previously appropriated funds for certain
Infrastructure reforming and privatizing Amtrak. . . . administrative expenses, a matter within the
jurisdiction of the Committee on Appropriations
(Manual Sec. 934)

A concurrent resolution expressing a sense of Congress Addressing legislative responses to that problem,
with respect to the availability of public funds for within the jurisdiction of other committees (Manual
expenses incurred in the evaluation of a problem. . . Sec. 934)
.

A bill reported from the Committee on Government Reform Proposing to extend the application of that law to
and Oversight proposing to alter responsibilities of entities of the legislative branch, a matter within
executive branch agencies under an existing law. . . . the jurisdiction of the Committee on House
Administration (Manual Sec. 934)

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A resolution authorizing the deployment of troops to Expressing support for the armed forces carrying out
implement a peace agreement, within the jurisdiction such mission, within the jurisdiction of both the
of the Committee on International Relations. . . . Committees on Armed Services and International
Relations (Manual Sec. 934)

A bill comprehensively amending agricultural law and Proposing to extend an existing dairy compact and
addressing some laws outside the jurisdiction of the create three new dairy compacts, within the
Committee on Agriculture. . . . jurisdiction of the Committee on the Judiciary (Manual
Sec. 934)

Sec. 7 . -- Fundamental Purpose

Another test used by the Chair in determining germaneness is one
in which the fundamental purpose of the bill is compared with the
fundamental purpose of the amendment. Manual Sec. 933. If the purpose
or objective of an amendment is unrelated to that of the bill to which
it is offered, the amendment may be held not germane. 8 Cannon
Sec. 2911; Deschler-Brown Ch 28 Sec. 4.10. This test is particularly
applicable to an amendment in the nature of a substitute. Deschler-
Brown Ch 28 Sec. 5. If the purpose of a highway bill is to connect
points A and B, an amendment specifying a different route between A
and B would reflect the same fundamental purpose. However, an
amendment connecting A and D would have a different purpose and would
not be germane. 5 Hinds Sec. 5909.
An amendment changing the statement of policy contained in a bill
is not germane if its effect is to fundamentally change the purpose of
the bill. Deschler-Brown Ch 28 Sec. 4.11. An amendment changing the
law with respect to the operations of one agency is not germane to a
bill relating to the operations of a different agency. Deschler-Brown
Ch 28 Sec. 5.24.
In determining the fundamental purpose of a bill or an amendment
offered thereto, the Chair may examine the broad scope of the bill and
the stated purpose of the amendment and need not be bound by ancillary
purposes that are merely suggested by the amendment. Manual Sec. 933;
Deschler-Brown Ch 28 Sec. 5.12. An amendment in the form of a new
title may be germane to a bill as a whole where that bill contains
additional provisions not necessarily confined to the primary purpose,
so long as the amendment falls within the overall parameters of the
bill. Deschler-Brown Ch 28 Sec. 5.20.

[[Page 541]]

This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds to provide humanitarian and Authorizing funds for military aid to a foreign country
evacuation assistance and authorizing the use of to be used by that country to further the fundamental
United States troops to provide that assistance. . . . purpose of the bill (Deschler-Brown Ch 28 Sec. 5.23)

Enforcing the right to vote as guaranteed by the 15th Protecting freedom of speech and other first amendment
amendment to the Constitution. . . . rights whose abridgment might affect the exercise of
voting rights (Deschler-Brown Ch 28 Sec. 5.3)

Enforcing constitutional voting rights by requiring Providing for court appointment of voting referees to
preservation of Federal election returns. . . . insure protection of voters' rights (Deschler-Brown Ch
28 Sec. 5.2)

Criminalizing use of a firearm during the commission of Criminalizing carrying of a firearm during the
a felony that may be prosecuted in a Federal court. . commission of a felony that may be prosecuted in
. . either a State or Federal court (Deschler-Brown Ch 28
Sec. 12.10)

Providing an omnibus surface transportation Authorizing funds for certain highway projects that
authorization for highway-related projects as well as would incidentally permit completion of a related
roadways. . . . flood control project (Deschler-Brown Ch 28 Sec.
5.12)

Authorizing the construction of a trans-Alaska oil-gas Containing similar procedures and including the
pipeline pursuant to procedural safeguards promulgated condition that all participants be assured rights
by the Secretary of the Interior. . . . against discrimination as set forth in the Civil
Rights Act (Deschler-Brown Ch 28 Sec. 5.1)

[[Page 542]]

Freezing the obligation of funds for fiscal year 1996 Permitting an increase in the obligation of such funds
for missile defense until the Secretary of Defense on the basis of legislative findings concerning
rendered a specified readiness certification. . . . readiness, as each proposition addressed the
relationship between 1996 funding levels for missile
defense and readiness (Manual Sec. 933)

Held Not Germane

Text Amendment

Proposing a constitutional amendment relating to the Proposing an apportionment of Representatives and
election of the President and Vice President by concerning the size of congressional districts
popular vote rather than through the electoral college (Deschler-Brown Ch 28 Sec. 8.12)
process. . . .

Authorizing military assistance programs to foreign Authorizing a contribution to the U.N. International
nations. . . . Atomic Energy Agency (Deschler-Brown Ch 28 Sec.
42.52)

Authorizing law enforcement agency grants to purchase Providing for the purchase of bulletproof vests
photographic and fingerprint equipment for law (Deschler-Brown Ch 28 Sec. 3.78)
enforcement purposes. . . .

Extending the advisory and informational authority of Authorizing the President to issue orders and
the Council on Wage and Price Stability to encourage regulations stabilizing economic transfers, including
voluntary programs to resist inflation. . . . wages and prices (Deschler-Brown Ch 28 Sec. 6.20)

Establishing a new office within a government Abolishing the department (Deschler-Brown Ch 28 Sec.
department. . . . 4.109)

Enabling agencies of the government to formulate Prohibiting certain uses of fuel (for school busing)
policies relating to energy conservation. . . . and imposing criminal penalties for such use (Deschler-
Brown Ch 28 Sec. 5.15)

[[Page 543]]

Extending various laws relating to higher education. . Imposing restrictions on preschool, elementary, and
. . secondary education policy (Deschler-Brown Ch 28 Sec.
35.58)

Providing funding for urban highway transportation Broadening the bill to include rail transportation
systems. . . . (Deschler-Brown Ch 28 Sec. 4.62)

Requiring registration and public disclosure by Regulating their activities by placing a ceiling on
lobbyists but not regulating or prohibiting their their monetary contributions to Federal officials and
activities. . . . prohibiting lobbying within certain areas (Deschler-
Brown Ch 28 Sec. 5.31)

Relating to the minting and issuance of public Providing for a commemorative coin intended for private
currency. . . . circulation (Deschler-Brown Ch 28 Sec. 5.27)

Addressing substance abuse through prevention and Imposing civil penalties on drug dealers (Manual Sec.
treatment. . . . 933)

Impeaching the President. . . . Censuring the President (Manual Sec. 933)

Authorizing a State attorney general to bring a civil Singling out certain violations of liquor laws on the
action in Federal court against a person who has basis of their regard for any and all firearms issues
violated a State law regulating intoxicating liquor. . (Manual Sec. 933)
. .

Authorizing a State attorney general to bring a civil Creating new Federal laws to regulate intoxicating
action in Federal court against a person who has liquor (Manual Sec. 933)
violated a State law regulating intoxicating liquor. .
. .

Sec. 8 . -- Accomplishing Result of Bill by Different Method

In order to be germane, an amendment must not only have the same
end as the matter sought to be amended, but also 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. Manual
Sec. 933; Deschler-Brown Ch 28 Sec. 6.4. Under this principle, when a
proposition to accomplish

[[Page 544]]

a certain purpose by one method is pending, an amendment seeking to
achieve the same purpose by another closely related method is germane.
Deschler-Brown Ch 28 Sec. 5.14. For example, if the purpose of a bill
is to support the health of school children by mandating oranges in a
school lunch program, an amendment providing free vitamin C
supplements may be germane. Likewise, a proposition to accomplish a
certain result by two alternative methods may be amended by language
proposing to accomplish that result by a third, closely related
method. Deschler-Brown Ch 28 Sec. 6.8. However, an amendment to
accomplish a similar purpose by an unrelated method, not contemplated
by the bill, is not germane. Deschler-Brown Ch 28 Sec. 6.4.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Accomplishing a result through regulation by an Achieving the same result through the use of another
executive branch agency. . . . governmental entity (Deschler-Brown Ch 28 Sec. 6.8)

Conducting a broad range of programs involving energy Authorizing the Council on Environmental Quality to
sources, including environmental research related to evaluate environmental effects of energy technology
the development of energy sources. . . . (Deschler-Brown Ch 28 Sec. 6.9)

Providing loan guarantee programs for all States and Providing direct loans (and limiting them to New York)
subdivisions. . . . (Deschler-Brown Ch 28 Sec. 6.4)

Subjecting employers who fail to apprise their workers Subjecting employers to penalties prescribed in the
of health risks to penalties under certain laws and amendment (Manual Sec. 933)
regulations. . . .

[[Page 545]]

Held Not Germane

Text Amendment

Conserving energy through the imposition of civil Conserving energy through tax rebates to purchasers of
penalties on manufacturers of low-miles-per-gallon high-miles-per-gallon automobiles (Deschler-Brown Ch
automobiles. . . . 28 Sec. 6.12)

Establishing an independent agency within the executive Emphasizing committee oversight and authorizing
branch to accomplish a particular purpose. . . . committees to order the agency to take certain actions
(Deschler-Brown Ch 28 Sec. 6.36)

Authorizing the Attorney General to participate in Establishing a Community Relations Service to assist in
litigation based on discrimination in public resolving disputes arising from discriminatory
facilities. . . . practices (Deschler-Brown Ch 28 Sec. 9.11)

Authorizing the promulgation of national drinking water Requiring the negotiation and enforcement of
standards to protect public health from contaminants. international agreements to accomplish that purpose
. . . (Deschler-Brown Ch 28 Sec. 6.25)

Controlling crime through research and training. . . . Controlling crime through regulation of the sale of
firearms (Deschler-Brown Ch 28 Sec. 6.6)

Extending unemployment compensation benefits during a Stimulating economic growth by tax incentives and
period of economic recession. . . . regulatory reform (Manual Sec. 933)

Promoting technological advancement by fostering Promoting same by changes in tax and antitrust laws
Federal research and development. . . . (Manual Sec. 933)

Providing financial assistance to domestic agriculture Protecting domestic agriculture by restricting imports
through a system of price support payments. . . . in competition therewith (Deschler-Brown Ch 28 Sec.
6.18)

Addressing substance abuse through prevention and Imposing civil penalties on drug dealers (Manual Sec.
treatment. . . . 933)

Impeaching the President. . . . Censuring the President (Manual Sec. 933)

[[Page 546]]

Sec. 9 . -- Individual Proposition or Class Not Germane to Another

One individual proposition is not germane to another individual
proposition. Manual Sec. 936; 8 Cannon Sec. Sec. 2951-2953, 2963-2966;
Deschler-Brown Ch 28 Sec. Sec. 8.23, 8.33. Thus, in theory, a bill
regulating the transportation of apples could not be amended by
language regulating the transportation of oranges. However, if an
individual proposition is rendered general in its scope by amendment,
it is then subject to further amendment by propositions of the same
class. 8 Cannon Sec. 3003.
An individual proposition is not germane to another individual
proposition merely because they are related. Thus, to a bill amending
one subsection of law dealing with one prohibited type of activity, an
amendment to another subsection dealing with a related but separate
prohibited type of activity is not germane. Deschler-Brown Ch 28
Sec. 8.7.
Where a bill covers two or more subjects within a readily
definable class, it is not germane to add subjects outside of that
class by way of amendment. Deschler-Brown Ch 28 Sec. 3.80. Likewise,
to a bill pertaining to several functions within an identifiable class
of activity, an amendment adding a function outside that class would
not be germane. Manual Sec. 936.
To a bill dealing with relief for one class, an amendment seeking
to include another class is not germane. Deschler-Brown Ch 28
Sec. 13.19. Thus, to a bill providing financial relief for one class--
agricultural producers--an amendment was held not germane where it
extended such relief to another class, commercial fishermen,
particularly where relief to the latter class was within the
jurisdiction of another committee. Deschler-Brown Ch 28 Sec. 4.70.
To a bill extending certain provisions to specified categories
within a certain class of employees, an amendment extending those
provisions to an

[[Page 547]]

additional category of employees within that same class is germane.
Deschler-Brown Ch 28 Sec. 12.1. However, such an amendment is not
germane if it brings other classes of employees within the scope of
the bill. Deschler-Brown Ch 28 Sec. 13.1.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Providing for the relief of one individual. . . . Providing for similar relief of another (5 Hinds Sec.
Sec. 5826-5929)

Exterminating the boll weevil. . . . Including the gypsy moth (5 Hinds Sec. 5832)

Providing a clerk for a committee. . . . Providing a clerk for another committee (5 Hinds Sec.
5833)

Providing for an additional judge in one territory. . . Providing additional judges in other territories (5
. Hinds Sec. 5830)

Providing relief for dependents of persons in the Army. Extending benefits to dependents in the National Guard
. . . (8 Cannon Sec. 2953)

Pensioning veterans of Indian wars. . . . Pensioning veterans of Mexican wars (8 Cannon Sec.
2960)

Appropriating funds for only one year (and containing Extending the appropriation to another year (Manual
no provisions extending beyond that year). . . . Sec. 936; 8 Cannon Sec. 2913)

Relating to congressional actions on the budget. . . . Repealing the Impoundment Control Act, thereby
addressing Presidential authority to rescind or defer
(Deschler-Brown Ch 28 Sec. 4.89)

Siting a certain type of repository for a specified Prohibiting the construction at another site of another
kind of nuclear waste. . . . type of repository for another kind of nuclear waste
(Manual Sec. 936)

Disposing of tin from the national stockpile. . . . Disposing of silver from the national stockpile
(Deschler-Brown Ch 28 Sec. 8.33)

Providing financial assistance to the States for Providing loans to assist in the construction of
construction of public school facilities. . . . private schools (Deschler-Brown Ch 28 Sec. 8.39)

[[Page 548]]

Settling a particular railway labor dispute. . . . Settling another dispute between a different railroad
company and its employees (Deschler-Brown Ch 28 Sec.
8.34)

Prohibiting a certain class of activities. . . . Including another class of prohibited activities
(Deschler-Brown Ch 28 Sec. 8.7)

Designing certain coins. . . . Specifying the metal content of other coins (Deschler-
Brown Ch 28 Sec. 8.35)

Regulating poll-closing time in Presidential general Extending the provisions to Presidential primary
elections. . . . elections (Deschler-Brown Ch 28 Sec. 8.13)

Relating to the civil service system for Federal Including other classes of employees (postal and
civilian employees. . . . District of Columbia employees) (Deschler-Brown Ch 28
Sec. 8.4)

Providing a cost-of-living adjustment for foreign Providing a comparable adjustment in annuities for
service retirees. . . . Federal civil service employees (Deschler-Brown Ch 28
Sec. 8.6)

Determining the equitability of Federal pay practices Extending the determination of fairness to pay
under statutory systems applicable to agencies of the practices in the legislative branch (Deschler-Brown Ch
executive branch. . . . 28 Sec. 13.8)

Providing for payment from the Senate contingent fund Providing additional travel allowances, payable from
of certain travel expenses incurred by Senate the House contingent fund, to Members of the House
employees. . . . (Deschler-Brown Ch 28 Sec. 13.7)

Authorizing grants to States for purchase of one class Including assistance for the purchase of a different
of equipment (photographic and fingerprinting class of equipment (bulletproof vests) (Deschler-Brown
equipment) for law enforcement purposes. . . . Ch 28 Sec. 8.37)

[[Page 549]]

Addressing violent crimes. . . . Addressing nonviolent crimes, such as crimes of fraud
and deception or crimes against the environment
(Manual Sec. 936)

Naming a facility after a specific person. . . . Substituting the name of a different person (8 Cannon
Sec. 2955) where it could not be shown that the
amendment merely intended a return to the facility's
existing designation (105-2, Feb. 4, 1998, p ____)

Addressing whether public funds should be available for Addressing the same question for unrelated endeavors of
specified endeavors of one group. . . . another group (Manual Sec. 936)

Altering responsibilities of executive branch agencies Extending the application of that law to entities of
under an existing law. . . . the legislative branch (Manual Sec. 936)

Sec. 10 . -- General Amendments to Specific or Limited Propositions

A specific proposition may not be amended by a proposition more
general in scope. Manual Sec. 937; 5 Hinds Sec. 5843; 8 Cannon
Sec. Sec. 2997, 2998; Deschler-Brown Ch 28 Sec. 9. Thus, an amendment
applicable to fruits of all kinds would not be germane to a bill
dealing only with apples. An amendment applicable to all departments
and agencies is not germane to a bill limited in its application to
certain departments and agencies. Deschler-Brown Ch 28 Sec. 9.22. Even
an amendment that merely strikes words from a bill may be ruled out if
the amendment has the effect of broadening the scope of the bill.
Sec. 17, infra.
A substitute for an amendment must be confined in scope to the
subject of the amendment. Deschler-Brown Ch 28 Sec. 9.42. Thus, an
amendment rewriting an entire concurrent resolution on the budget was
held not germane to a perfecting amendment that proposed certain
changes in figures for one of the years covered by the resolution.
Deschler-Brown Ch 28 Sec. 9.38.
This principle is illustrated in the following precedents:

[[Page 550]]

Held Not Germane

Text Amendment

Admitting a Territory. . . . Admitting several Territories (5 Hinds Sec. 5837)

Relating to all corporations in interstate commerce. . Relating to all corporations (5 Hinds Sec. 5842)
. .

Applying proposition to one bureau of the Navy Applying proposition to the Navy Department as a whole
Department. . . . (8 Cannon Sec. 2997)

Prohibiting speculation in cotton. . . . Prohibiting speculation in cotton, wheat, and corn (8
Cannon Sec. 3001)

Amending a law in one particular. . . . Repealing the law (5 Hinds Sec. 5924; 8 Cannon Sec.
2949)

Authorizing loans to farmers in certain areas. . . . Authorizing loans without geographical restriction (8
Cannon Sec. 3235)

Authorizing foreign economic assistance to certain Requiring reports on human rights violations by all
qualifying nations. . . . foreign countries (Deschler-Brown Ch 28 Sec. 35.58)

Restricting the use of funds for military operations in Extending that restriction to other countries in
South Vietnam. . . . Indochina (Deschler-Brown Ch 28 Sec. 9.48)

Amending the Constitution to prohibit the U.S. or any Requiring the U.S. and all States to treat persons 18
State from denying persons 18 years of age or older years and older as having reached the age of legal
the right to vote. . . . majority for all purposes under the law (Manual Sec.
937)

Criminalizing obstruction of court orders relating to Extending criminalization to all court orders (Deschler-
desegregation of public schools. . . . Brown Ch 28 Sec. 9.12)

Relating to official conduct of Federal employees. . . Relating to any criminal conduct of those officials
. (Deschler-Brown Ch 28 Sec. 9.49)

Extending the benefits of a Federal program to one Extending the benefits to a broader category--all
class (public schools). . . . nonprofit institutions in depressed areas (Deschler-
Brown Ch 28 Sec. 39.18)

[[Page 551]]

Amending existing law to promote economic development Requiring a study of the impact of all Federal, State,
through financial assistance to local communities. . . and local laws and regulations on employment
. opportunities (Deschler-Brown Ch 28 Sec. 9.35)

Addressing mental health. . . . Addressing a variety of public health programs
(Deschler-Brown Ch 28 Sec. 4.104)

Suspending temporarily certain requirements of the Suspending temporarily other requirements of all other
Clean Air Act. . . . environmental protection laws (Deschler-Brown Ch 28
Sec. 4.5)

Authorizing activities of certain government agencies Permanently changing existing law to cover a broader
for a temporary period. . . . range of government activities (Manual Sec. 937)

Appropriating or authorizing funds for only one year. . Extending the appropriation or authorization to another
. . year (Deschler-Brown Ch 28 Sec. 9.2)

Amending an existing law to authorize a program. . . . Restricting authorizations under that or any other act
(Manual Sec. 937)

Striking from a bill one activity from those covered by Striking an entire subsection of the bill, thereby
the law being amended. . . . eliminating the applicability of existing law to a
number of activities (Manual Sec. 937)

Continuing funding within one executive department. . . Addressing funding for other departments or addressing
. the compensation of all Federal employees (Manual Sec.
937)

Relating to one aspect of Federal spending (U.S. Relating to the entire Federal budget, mandating that
contributions to an international financial total outlays not exceed receipts (Deschler-Brown Ch
institution). . . . 28 Sec. 35.48)

Appropriating funds for a program for one fiscal year. Relating to eligibility for funding in any fiscal year
. . . (Deschler-Brown Ch 28 Sec. 15.24)

[[Page 552]]

Prohibiting the use of funds appropriated for a fiscal Prohibiting the use of funds appropriated for that or
year for a specified purpose. . . . any prior fiscal year for an unrelated purpose
(Deschler-Brown Ch 28 Sec. 9.20)
Proposing a temporary change in law. . . . Proposing permanent changes in that law (Manual Sec.
937)

Amending an authority of an agency under an existing Expressing the sense of Congress on regulatory agencies
law. . . . generally (Manual Sec. 937)

Establishing an office without regulatory authority in Addressing requirements of compensation for
the Department of the Interior to manage biological constitutional takings by other regulatory agencies
information. . . . (Manual Sec. 937)

Waiving a requirement in existing law that an Enacting by reference bills containing not only that
authorization be enacted before the obligation of authorization but also other policy matters (Manual
certain funds. . . . Sec. 937)

Relating only to a certain appropriation account in a Relating not only to that account but also to funds in
bill. . . . other acts (Manual Sec. 937)

Raising an employment ceiling for one year. . . . Addressing in permanent law a hiring preference system
for such employees (Manual Sec. 937)

Authorizing Federal funds for qualifying State national Conditioning a portion of such funding on the enactment
service programs. . . . of State laws immunizing volunteers in nonprofit or
public programs, generally, from certain legal
liabilities (Manual Sec. 937)

Addressing particular educational requirements imposed Addressing any requirements imposed on educational
on educational agencies. . . . agencies by the underlying bill (Manual Sec. 937)

Reauthorizing programs administered by the Economic Waiving any Federal regulation that would interfere
Development Administration and the Appalachian with economic development (Manual Sec. 937)
Regional Commission. . . .

[[Page 553]]

Prohibiting a certain class of abortion procedures. . . Prohibiting any or all abortion procedures (Manual Sec.
. 937)

Addressing a class of imported goods (those produced by Addressing all imported goods from one specified
forced labor). . . . country (Manual Sec. 937)

Sec. 11 . -- Specific Amendments to General Propositions

A general proposition may be amended by a specific proposition or
one more limited in nature if within the same class. Manual Sec. 938;
8 Cannon Sec. Sec. 3002, 3009, 3012; Deschler-Brown Ch 28 Sec. 10.
Thus, a bill regulating the transportation of fruits of all kinds
could be amended by language applicable specifically to oranges. Where
a bill seeks to accomplish a general purpose by diverse methods, an
amendment that adds a specific method to accomplish that result may be
germane. Deschler-Brown Ch 28 Sec. 6.47. Thus, to a bill authorizing a
broad program of research and development, an amendment directing
specific emphasis during the administration of that program was held
germane. Deschler-Brown Ch 28 Sec. 10.9.
To a proposition conferring a broad range of authority to
accomplish a particular result, an amendment granting specific
authority to achieve that result is germane. Deschler-Brown Ch 28
Sec. 10.10.
An amendment defining a term in a bill may be germane so long as
it relates to the bill (but may not rely on a relationship to a law
being amended by the bill in aspects not the subject of the bill).
Thus, to a bill clarifying the definition of persons or institutions
under certain civil rights statutes, an amendment providing that the
term ``person'' for the purpose of the bill shall include unborn
children was held germane. Deschler-Brown Ch 28 Sec. 10.1.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Appropriating a lump sum for rivers and harbors. . . . Designating specific projects on which a lump sum
should be expended (8 Cannon Sec. Sec. 3004, 3008)

[[Page 554]]

Providing for a decennial census of the entire Relating to the alien population of the United States
population of the United States. . . . (8 Cannon Sec. 3005)

Authorizing a commission to report on the public Specifying a report on a designated area of the public
domain. . . . domain (8 Cannon Sec. 3007)

Establishing an executive agency and conferring broad Directing that agency to conduct a study of a subject
authority thereon. . . . within the scope of that authority (Deschler-Brown Ch
28 Sec. 42.27)

Conferring wide discretionary powers upon an energy Directing the administrator to issue preliminary summer
administrator. . . . guidelines for citizen fuel use (Deschler-Brown Ch 28
Sec. 33.15)

Authorizing the Federal Energy Administrator to Directing that official to prohibit the exportation of
restrict exports of certain energy resources. . . . petroleum products for use in military operations in
Indochina (Deschler-Brown Ch 28 Sec. 33.12)

Directing the President to require all government Limiting the number of ``fuel-inefficient'' passenger
agencies to use economy-model motor vehicles. . . . motor vehicles that the government could purchase
(Deschler-Brown Ch 28 Sec. 10.11)

Seeking to accomplish a general purpose (support of the Authorizing the employment of unemployed artists
arts and humanities) by diverse methods. . . . through the National Endowment for the Arts (Deschler-
Brown Ch 28 Sec. 6.47)

Addressing a range of criminal prohibitions. . . . Addressing another criminal prohibition within that
range (Manual Sec. 938)

Addressing violent crimes. . . . Addressing violent crimes involving the environment
(Manual Sec. 938)

Sec. 12 . -- Adding to Two or More Propositions

A measure containing two or more diverse propositions within the
same class may be amended by an amendment adding a third proposition
on the same subject. Manual Sec. 938; 8 Cannon Sec. 3016; Deschler-
Brown Ch 28 Sec. 11.

[[Page 555]]

For example, a bill regulating the transportation of apples and
oranges could be amended by language extending the bill to bananas. To
a bill bringing two new categories within the coverage of existing
law, an amendment to include a third category of the same class may be
germane. Deschler-Brown Ch 28 Sec. 11.16. Likewise, where a bill
contains several unrelated titles on a general subject, an amendment
adding a further title within that general subject is germane. Manual
Sec. 929. Where a bill defines several unlawful acts, an amendment
proposing to include another unlawful act of the same class is
germane. Deschler-Brown Ch 28 Sec. 11.21.
On the other hand, where a bill covers two or more subjects within
a readily definable class, it is not germane to add subjects outside
of that class by way of amendment. Manual Sec. 938. Thus, to a bill
authorizing the Secretary of the Treasury to strike two types of
national medals honoring the bicentennial, an amendment permitting
private mints to strike State medals was held not germane. 92-2, Feb.
2, 1972, pp 2180-82.
To a bill containing definitions of several of the terms used
therein, an amendment may be germane that modifies one of the
definitions and adds another (Deschler-Brown Ch 28 Sec. 30.34) or that
further defines other terms used in the bill (Deschler-Brown Ch 28
Sec. 11.2).
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Admitting several Territories into the Union. . . . Admitting another Territory (5 Hinds Sec. 5838)

Constructing buildings in two cities. . . . Constructing similar buildings in several other cities
(5 Hinds Sec. 5840)

Providing a number of restrictions on an expenditure. . Adding another restriction (8 Cannon Sec. 3010)
. .

Providing for a number of Army camps. . . . Providing for an additional camp (8 Cannon Sec. 3012)

Authorizing payment to several employees for injuries. Authorizing payment to another employee for such
. . . injuries (8 Cannon Sec. 3015)

Collecting statistics on agriculture, manufacture, and Collecting statistics on insurance (8 Cannon Sec.
mining. . . . 3016)

Relating to motor trucks and passenger-carrying Relating also to motorcycles and trailers (7 Cannon
automobiles. . . . Sec. 1415)

[[Page 556]]

Setting forth diverse findings and purposes related to Setting forth a further finding or purpose related to
a general subject. . . . that subject (Deschler-Brown Ch 28 Sec. 11.23)

Prohibiting indirect assistance to several foreign Including additional countries within that prohibition
countries. . . . (Deschler-Brown Ch 28 Sec. 12.9)

Relating to diverse political rights of the people of Conferring upon that electorate the additional right of
the District of Columbia. . . . electing a nonvoting Delegate to the Senate (Deschler-
Brown Ch 28 Sec. 11.25)

Funding several departments and agencies. . . . Funding subway construction in the District of Columbia
(Manual Sec. 938)

Extending coverage of gun control laws to rifles, Relating to registration of firearms by the purchasers
shotguns, and ammunition. . . . thereof (Deschler-Brown Ch 28 Sec. 11.36)

Criminalizing a number of activities in the field of Criminalizing a further activity, ``loansharking''
interstate consumer credit transactions. . . . (Deschler-Brown Ch 28 Sec. 11.15)

Extending the coverage of the Flammable Fabrics Act to Extending such coverage further to include children's
include wearing apparel and household furnishings. . . toys (Deschler-Brown Ch 28 Sec. 11.16)
.

Reducing tax liabilities in several diverse ways-- Adding an additional tax credit (Deschler-Brown Ch 28
including tax credits. . . . Sec. 11.34)

Providing farm programs for dairy products, wool, feed Adding a new program for poultry and eggs (Deschler-
grains, cotton and wheat. . . . Brown Ch 28 Sec. 11.28)

Addressing violent crimes. . . . Addressing violent crimes involving the environment
(Manual Sec. 938)

Sec. 13 . Appropriation Bills

An amendment offered to a general appropriation bill must be
germane to the part of the bill that is under consideration. Deschler-
Brown Ch 28 Sec. 15. An amendment offered to an appropriation bill is
judged by the general tests of germaneness that are set forth
elsewhere in this chapter. Sec. 4, supra;

[[Page 557]]

Sec. 25, infra. Although general appropriation bills are normally read
by paragraph, an amendment that increases an appropriation by transfer
from an account in another paragraph is normally offered under the
protection of rule XXI clause 2(f). Therefore, in modern practice, the
germaneness rule does not preclude such a transfer amendment. Manual
Sec. 929.
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. However, an amendment limiting funds in a general
appropriation bill for activities prescribed by laws unrelated to the
functions of departments and agencies addressed by the bill was held
not germane. Manual Sec. 929.
Germaneness is an express requirement of any amendment sought to
be introduced pursuant to the Holman rule, which permits legislative
matter in general appropriation bills under certain circumstances.
Manual Sec. 1062; see Appropriations.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Appropriating certain funds and permitting them to Placing certain restrictions on their use, to become
remain available beyond the fiscal year covered by the effective after the expiration of the fiscal year
bill. . . . (Deschler-Brown Ch 28 Sec. 15.27)

Appropriating funds for foreign assistance programs. . Denying funds therein to pay arrearages or dues of
. . members of the United Nations (Deschler-Brown Ch 28
Sec. 15.8)

Appropriating funds for the Department of Agriculture Limiting funds in the Act for chemical pesticides where
and including a specific allocation of funds for their use would be prohibited by State or local law
animal disease and pest control. . . . (Deschler-Brown Ch 28 Sec. 15.7)

Appropriating funds for the Department of Defense. . . Limiting funds in the Act for financing of certain
. military operations (Deschler-Brown Ch 28 Sec. 15.27)

[[Page 558]]

Held Not Germane

Text Amendment

Prohibiting aid to one nation unless a certain Prohibiting aid to another nation pending certain
condition is met. . . . actions, and referring to funds in other Acts
(Deschler-Brown Ch 28 Sec. 15.15)

Continuing appropriations pending enactment of regular Requiring an agency to report to each Member the total
appropriation bills and curtailing certain government Federal expenditures in his congressional district and
expenditures. . . . directing the Members to take certain steps to effect
a reduction in expenditures (Deschler-Brown Ch 28 Sec.
15.48)

Continuing appropriations for certain departments and Restricting the total administrative budget
agencies for one month. . . . expenditures for the fiscal year and thus affecting
funds not continued by the bill (Deschler-Brown Ch 28
Sec. 15.17)

Providing supplemental appropriations for certain Affecting appropriations for virtually all departments
specified departments of government. . . . and agencies of government (Deschler-Brown Ch 28 Sec.
15.14)

Continuing the availability of appropriated funds and Changing permanent law as to the eligibility of certain
also imposing diverse legislative conditions on the recipients (Deschler-Brown Ch 28 Sec. 15.26)
availability of appropriations. . . .

Appropriating funds for an agency for one year. . . . Changing the appropriation figure but also adding
language having the effect of permanent law (Deschler-
Brown Ch 28 Sec. 27.24)

Appropriating funds for a certain purpose for one Appropriating funds for another government agency for
government agency. . . . the same general purpose (Deschler-Brown Ch 28 Sec.
15.37)

During consideration of a general appropriation bill. . Limiting funds therein to activities prescribed by laws
. . unrelated to the functions of departments and agencies
addressed by the bill (Manual Sec. 929)

[[Page 559]]

B. Application of Rule to Particular Forms of Amendment

Sec. 14 . In General

The rule requiring germaneness of amendments has been applied to
many forms of propositions having amendatory effect, including an
amendment to a particular part of a bill (Sec. 15, infra), amendments
to amendments (8 Cannon Sec. 2924), and motions to recommit with
instructions (Sec. 20, infra). The rule applies to amendments
recommended by committee as well as to amendments offered from the
floor. Sec. 19, infra.
The form in which an amendment is offered may affect the
determination of whether the amendment is germane. Thus, whether an
amendment adds a new title to a bill or adds language to an existing
title may affect the determination of whether the amendment is
germane. Sec. 16, infra.

Sec. 15 . Amendments to Particular Portion of Bill

An amendment must be germane to the particular portion of the bill
that is open to amendment; that is, an amendment must be germane to
the pending paragraph, section, or title. Manual Sec. 929; Deschler-
Brown Ch 28 Sec. 18. The Chair will evaluate the germaneness of an
amendment by comparing the amendment to the pending portion of the
bill without considering the bill as a whole. Deschler-Brown Ch 28
Sec. 18.3.
The test of germaneness of an amendment is its relationship to the
pending portion of the bill, as amended to that point. Manual
Sec. 929. For this reason, an amendment inserting a new section may be
ruled out because it is not germane to the bill as read to that point.
However, a similar amendment may be allowed subsequently when the
scope of the bill has been broadened by additional sections passed in
the reading or adoption of additional amendments. Deschler-Brown Ch 28
Sec. 18.1. An amendment that would be germane if offered when the bill
is first taken up may not be germane to the bill, as modified, after
portions of the bill have been stricken by amendments. 8 Cannon
Sec. 2910.

Sec. 16 . Adding New Section or Title

An amendment in the form of a new title, section, or paragraph
need not necessarily be germane to the title, section, or paragraph
immediately preceding it. The Chair will evaluate the relationship of
the amendment to as much of the bill as has been read. 8 Cannon
Sec. Sec. 2932, 2935; Deschler-Brown Ch 28 Sec. 19. If an amendment is
offered at the conclusion of the reading, the Chair will evaluate the
relationship of the amendment to the bill

[[Page 560]]

as a whole, as perfected. Manual Sec. 929; Deschler-Brown Ch 28
Sec. 19.3. For this reason, an amendment that might not be germane
when offered to a particular title of a bill may be considered germane
if offered as a new title. Deschler-Brown Ch 28 Sec. 18.7. This test
is applied even though the amendment in effect modifies (albeit
indirectly) a provision previously read and passed. Deschler-Brown Ch
28 Sec. 19.11.
In determining the application of this test, the Chair must take
into account whether the text is being read by titles, sections, or
paragraphs. Thus, the test of the germaneness of an amendment in the
form of a new section to a title of a bill being read by titles is the
relationship between the amendment and the pending title. Deschler-
Brown Ch 28 Sec. 3.11.

Sec. 17 . Striking Text

An amendment striking language from a bill may not be germane if
the result of the amendment extends the scope of the provisions of the
bill to subjects other than those originally presented. 8 Cannon
Sec. 2920. Deschler-Brown Ch 28 Sec. 20. A pro forma amendment merely
to ``strike the last word'' to secure time for debate in the Committee
of the Whole is germane. Manual Sec. 928.

Sec. 18 . Substitute Amendments

The test of the germaneness of a substitute amendment is its
relationship to the amendment to which it is offered and not its
relationship to the underlying bill. Manual Sec. 929; Deschler-Brown
Ch 28 Sec. 21. A substitute must be confined in scope to the subject
of the amendment and must relate to the same portion of the bill being
addressed by the amendment. Deschler-Brown Ch 28 Sec. Sec. 9.42, 21.
Thus, for an amendment establishing a termination date for the Federal
Energy Administration, a substitute not dealing with the date of
termination, but providing instead a reorganization plan for that
agency, was ruled out as not germane. Deschler-Brown Ch 28 Sec. 21.1.
However, for an amendment changing certain language in a pending
section, a substitute changing that text and also adding language in
the section may be germane if it has the effect of dealing with the
same subject in a related and more limited way. Deschler-Brown Ch 28
Sec. 32.16.

Sec. 19 . Committee Amendments

The rule of germaneness applies to committee amendments as well as
to those offered by individual Members. 5 Hinds Sec. 5806; Deschler-
Brown Ch 28 Sec. 22. A committee amendment that is not germane to the
bill as intro

[[Page 561]]

duced may require a waiver from the rule providing for the
consideration of the underlying bill. Deschler-Brown Ch 28 Sec. 45.2.

Sec. 20 . Recommittals; Instructions to Committees

The germaneness rule applies to instructions in a motion to
recommit a bill to a committee. 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 on the floor. Manual
Sec. Sec. 929, 930; 5 Hinds Sec. Sec. 5529-5541; 8 Cannon
Sec. Sec. 2708-2712. In one instance, for example, during
consideration of a bill authorizing military expenditures, a motion to
recommit with instructions was ruled not germane because it contained
provisions seeking to prescribe foreign policy objectives. Deschler-
Brown Ch 28 Sec. 23.3.
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 as perfected (and not merely to the separate portion of the
bill specifically proposed to be amended in the instructions). Manual
Sec. 930. This is so even where the instructions do not propose a
direct amendment to the bill but merely contain general instructions
to the committee to pursue an unrelated approach or to instruct the
committee not to report the bill back to the House until an unrelated
contingency occurs. 8 Cannon Sec. 2704; Deschler-Brown Ch 28
Sec. 23.9.
A point of order against a motion to recommit with instructions
has been entertained before completion of the reading of such motion
where the matter contained in the instructions has been ruled not
germane when offered as an amendment in the Committee of the Whole.
Deschler-Brown Ch 28 Sec. 23.3.

C. Amendments Imposing Qualifications or Limitations

Sec. 21 . In General; Exceptions or Exemptions

As pointed out earlier in this chapter, a general subject may be
amended by a specific proposition of the same class. Sec. 11, supra.
Under an extension of this principle, an amendment that makes a
specific exception to or exemption from a general proposition is
germane. 8 Cannon Sec. 3028; Deschler-Brown Ch 28 Sec. 29. Thus, to a
section dealing with a designated class, an amendment exempting from
the provisions of the section a certain portion of that class may be
germane. 8 Cannon Sec. 3026. Provisions restricting au

[[Page 562]]

thority may be modified by amendments providing exceptions to those
restrictions. 8 Cannon Sec. 3024.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Deporting aliens. . . . Exempting a portion of such aliens from deportation (8
Cannon Sec. 3029)

Prohibiting the issuance of injunctions by the courts Excepting all labor disputes affecting public utilities
in labor disputes. . . . (8 Cannon Sec. 3024)

Prohibiting an administrator from setting ceiling Exempting new crude petroleum sold by producers of less
prices above a certain level for domestic crude oil. . than 30,000 barrels per day (Deschler-Brown Ch 28 Sec.
. . 29.13)

Limiting discretionary powers conferred in a bill. . . Providing an exception from that limitation (Deschler-
. Brown Ch 28 Sec. 35.13)

Requiring NLRB certification of employee elections of Excepting an employer that has undermined the election
unions as bargaining agents only where there has been or is otherwise estopped from challenging it (Deschler-
a secret ballot. . . . Brown Ch 28 Sec. 35.24)

Denying benefits to recipients failing to meet a Denying the same benefits to some recipients but
certain qualification. . . . excepting others (Deschler-Brown Ch 28 Sec. 29.11)

Sec. 22 . Conditions or Qualifications

A condition or qualification sought to be added by way of
amendment must be germane to the provisions of the bill. Manual
Sec. 940; Deschler-Brown Ch 28 Sec. 30. An amendment is not germane if
it makes the effectiveness of a bill contingent upon an unrelated
event or determination. Deschler-Brown Ch 28 Sec. 31.22. Thus, an
amendment making the implementation of a funding program contingent
upon compliance with unrelated legislation is not germane. Deschler-
Brown Ch 28 Sec. 30.23. For discussion of postponements pending
contingencies, see Sec. 26, infra.
On the other hand, an amendment imposing a condition may be in
order if it imposes a prerequisite that comes within the general
subject covered by the bill. For example, where a bill provided a
comprehensive grant program that included within its scope the welfare
of law enforcement officers,

[[Page 563]]

an amendment requiring States to enact a law enforcement officers'
grievance system as a prerequisite to receiving grants under the bill
was held to come within the general subject of law enforcement
improvement covered by the bill and was held germane. Deschler-Brown
Ch 28 Sec. 30.30.
Assistance to a particular class of recipient covered by a bill
may not by amendment be conditioned on actions or inaction by another
class of recipient or agent not covered by the bill. Deschler-Brown Ch
28 Sec. 30.29. For example, an amendment conditioning the availability
to certain recipients of funds in an authorization bill upon their
compliance with Federal law not otherwise applicable to those
recipients and within the jurisdiction of other House committees may
be ruled out as not germane. Deschler-Brown Ch 28 Sec. 34.37.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds for a variety of programs that Conditioning the availability of those funds upon
satisfy several stated requirements, in order to implementation of another program related to that
accomplish a general purpose. . . . general purpose (Deschler-Brown Ch 28 Sec. 30.30)

Providing for scholarships. . . . Providing requirements for eligibility for such
scholarships (Deschler-Brown Ch 28 Sec. 30.11)

Authorizing funds for military procurement and Barring use of the funds in military operations in
construction. . . . North Vietnam (Deschler-Brown Ch 28 Sec. 30.6)

Authorizing the insurance of vessels. . . . Denying such insurance to vessels charging exorbitant
rates (8 Cannon Sec. 3023)

Authorizing an agency to undertake certain activities. Allowing Congress to disapprove regulations issued
. . . pursuant thereto (Deschler-Brown Ch 28 Sec. 33.11)

Requiring certain intelligence information to be given Imposing relevant conditions of security on the
to the House. . . . handling of such information in committee (Manual Sec.
940)

[[Page 564]]

Sec. 23 . Restrictions or Limitations

Restrictions and limitations sought to be added to a bill by way
of amendment must be germane to the provisions of the bill. Manual
Sec. 940; Deschler-Brown Ch 28 Sec. 32. Thus, to a bill amending a
statute, an amendment prohibiting assistance under that Act or under
any other Act for a particular purpose, and affecting laws not being
amended by the bill, may be ruled out as not germane. Deschler-Brown
Ch 28 Sec. 35.62.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing change in railroad rates. . . . Excluding rate increases (8 Cannon Sec. 3022)

Authorizing aid to shipping. . . . Limiting such aid to ships equipped with life-saving
devices (8 Cannon Sec. 3027)

Authorizing use of oil-burning engines on ships. . . . Prohibiting use of such engines if constructed outside
of the United States (8 Cannon Sec. 3032)

Furnishing medical services and facilities. . . . Prohibiting the use of such services to perform certain
abortions (Deschler-Brown Ch 28 Sec. 32.7)

Providing unlimited terms of service for judges. . . . Restricting terms to four years (8 Cannon Sec. 3031)

Transferring specified property solely for the purpose Requiring reversion of the property if not used for
of providing shelter to the homeless and protecting that charitable purpose as defined under a provision
the public health. . . . of the Internal Revenue Code (Deschler-Brown Ch 28
Sec. 32.12)

Providing Federal funds to States for certain purposes. Restricting payment of those funds to States that enact
. . . certain laws relating to the activities being funded
(Manual Sec. 940)

[[Page 565]]

Held Not Germane

Text Amendment

Repairing naval vessels. . . . Prohibiting such repairs in navy yards (to make them at
less expense elsewhere) by restricting funds in
portions of the bill not open to amendment (8 Cannon
Sec. 3034)

Sec. 24 . -- Discretionary Powers

To a proposition conferring discretionary authority, an amendment
limiting or restricting the exercise of that authority is germane. 8
Cannon Sec. 3022; Deschler-Brown Ch 28 Sec. 33. Such an amendment may
be germane, even though it incorporates as a term of measurement a
qualification or condition applicable to entities beyond the scope of
the bill. Deschler-Brown Ch 28 Sec. 33.23. For example, to a
proposition that the Administrator of Veterans' Affairs be authorized
to establish a maximum interest rate for loans, an amendment stating
that ``the rate fixed shall not be higher than the FHA rate'' was held
germane. Deschler-Brown Ch 28 Sec. 33.28.
Although a proposition reorganizing existing discretionary agency
authority may be amended by imposing limitations on the exercise of
those functions, an amendment directly changing policies in the
substantive law to be administered by that agency is not germane.
Deschler-Brown Ch 28 Sec. 33.13.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds for the National Aeronautics and Prohibiting contracts for ``support'' services except
Space Administration. . . . where certain cost comparisons were made (Deschler-
Brown Ch 28 Sec. 33.27)

Conferring authority on the President to establish Restricting that regulatory authority by requiring that
rules for ordering priorities among petroleum users petroleum products allocated for public school
and requiring that vital services in the areas of transportation be used only between the student's home
education and transportation shall receive priority. . and the school closest thereto (Deschler-Brown Ch 28
. . Sec. 33.9)

[[Page 566]]

Prescribing the functions of a new Federal Energy Limiting the authority of the administrator in setting
Administration by conferring wide discretionary powers prices for propane gas by requiring an equitable
on the administrator. . . . allocation of production costs (Deschler-Brown Ch 28
Sec. 33.17)

Prescribing the functions of a new Federal Energy Prohibiting the promulgation of petroleum rationing
Administration. . . . rules without prior approval by Congress (Deschler-
Brown Ch 28 Sec. 33.16)

Authorizing an agency to undertake certain activities. Providing that regulations issued pursuant to that
. . . authority may be disapproved by Congress (Deschler-
Brown Ch 28 Sec. 33.11)

Continuing U.S. participation under the International Directing opposition in that forum to loans to nations
Development Association Act. . . . not party to a nuclear nonproliferation treaty
(Deschler-Brown Ch 28 Sec. 33.29)

Containing diverse provisions relating to authorities Precluding the use of certain land for deployment of a
of the Department of Defense. . . . weapons system pending a study (Deschler-Brown Ch 28
Sec. 11.17)

Sec. 25 . -- Use of Funds

Amendments that merely place restrictions on the use of funds that
are authorized or referred to in the bill are generally upheld as
germane. Deschler-Brown Ch 28 Sec. 34. An amendment seeking to
restrict the use of funds must be limited to the subject matter and
scope of the provisions sought to be amended. Manual Sec. 940. The
amendment must be confined to the agencies, authorities, and funds
addressed by the bill and may not be more comprehensive in scope.
Deschler-Brown Ch 28 Sec. 32.6. A limiting amendment may be held not
germane if it places restrictions on funds authorized or appropriated
in other bills. Deschler-Brown Ch 28 Sec. 31.30. To be germane, the
amendment restricting the use of funds must relate solely to those
funds and may not apply to another related category of funds.
Deschler-Brown Ch 28 Sec. 34.23.
An amendment limiting the use of funds by a particular agency
funded in a general appropriation bill may be germane at more than one
place in

[[Page 567]]

the bill. Subject to rule XXI clauses 2(c) and (d), the amendment may
be offered when the paragraph carrying such funds is pending, or to an
appropriate ``general provision'' portion of the bill affecting that
agency or all agencies funded by the bill. Deschler-Brown Ch 28
Sec. 15.1.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing supplemental appropriations for military Prohibiting use of those funds to carry out military
procurement, development, and construction. . . . operations in North Vietnam (Deschler-Brown Ch 28 Sec.
34.10)

Appropriating funds for an additional Washington Limiting the amount to be used for the construction of
airport. . . . an access road (Deschler-Brown Ch 28 Sec. 34.32)

Authorizing an investigation and incidental travel to Restricting use of the funds permitted in such travel
be undertaken by a committee of the House. . . . (Deschler-Brown Ch 28 Sec. 34.5)

Authorizing appropriations to enter into contracts for Prohibiting use of the funds to enter into contracts
the development of synthetic fuels. . . . with any major oil company (Deschler-Brown Ch 28 Sec.
34.28)

Authorizing appropriations for contributions to the Prohibiting use of those funds to assist in the
United Nations Environmental Fund. . . . reconstruction of North Vietnam (93-1, May 15, 1973,
pp 15747, 15752)

Authorizing appropriations for the National Science Prohibiting use of those funds for research on a live
Foundation. . . . human fetus outside the womb (93-1, June 22, 1973, p
20946)

Establishing a rural electrification and telephone Providing that no such funds be used outside the United
revolving fund for insured and guaranteed loans. . . . States or its possessions (93-1, Apr. 4, 1973 p 10395)

Continuing U.S. participation under the International Prohibiting use of U.S. contributions as loans for the
Development Association Act. . . . purchase of nuclear weapons or materials (Deschler-
Brown Ch 28 Sec. 32.5)

[[Page 568]]

Restricting the availability of funds to a certain Restricting further the availability of those funds to
category of recipients. . . . a subcategory of the same recipients (Deschler-Brown
Ch 28 Sec. 34.4)

Providing assistance for mass transportation programs Prohibiting use of funds to implement programs intended
and permitting certain school systems to be eligible to overcome racial imbalance in school systems
applicants for school bus subsidies. . . . (Deschler-Brown Ch 28 Sec. 34.20)

Authorizing funds and limited use of troops for a Denying funds for deployment of troops beyond a certain
specific purpose. . . . period of time (Deschler-Brown Ch 28 Sec. 34.13)

Providing Federal funds to States for certain purposes. Restricting payment of those funds to States that enact
. . . certain laws relating to the activities being funded
(Manual Sec. 940)

Held Not Germane

Text Amendment

Changing a dollar amount in operating expenses for an Prohibiting a certain activity and the use of any funds
agency. . . . therefor (Manual Sec. 940)

Establishing a new Department of Education and Prohibiting the use of funds to compel the
addressing only the administrative structure of the transportation of students or teachers with the goal
department. . . . of establishing racial or ethnic balance (Deschler-
Brown Ch 28 Sec. 34.38)

Approving an increase in the U.S. quota to the Prohibiting the alienation of gold to any international
International Monetary Fund and authorizing dealing in organization or its agents, or to any person or
gold in connection therewith. . . . organization acting for certain purchasers (Deschler-
Brown Ch 28 Sec. 32.6)

Striking a provision prohibiting the use of funds in Prohibiting use of funds in the bill or in any other
the bill for a designated oil land lease in act for that lease and other California leases
California. . . . (Deschler-Brown Ch 28 Sec. 15.21)

[[Page 569]]

Providing general appropriations. . . . Limiting funds therein to activities prescribed by laws
unrelated to the functions of departments and agencies
addressed by the bill (Manual Sec. 940)

Sec. 26 . Postponing Effectiveness Pending Contingency

Amendments that merely postpone the effective date of the
legislation to a date certain without stating a condition have been
held germane. Thus, to a title of a bill establishing procedures
permitting either House of Congress to disapprove an impoundment of
appropriated funds by the President, an amendment delaying the
effective date of that title to a day certain was held germane. Manual
Sec. 940. Similarly, to an amendment abolishing the Federal Energy
Administration on a date certain and transferring some of its
functions to other agencies at that time, an amendment delaying the
termination date of that agency for one year was held germane.
Deschler-Brown Ch 28 Sec. 32.10.
An amendment may make the effectiveness of a bill subject to a
condition if that condition is related to the provisions of the bill.
Deschler-Brown Ch 28 Sec. 31.33. An amendment delaying operation of a
proposed amendment pending an ascertainment of a fact is germane when
the fact to be ascertained relates solely to the subject matter of the
bill. 8 Cannon Sec. 3029; Deschler-Brown Ch 28 Sec. 31.18. However, an
amendment is not germane if it delays the effectiveness of a bill
contingent upon actions not involved in the administration of the
affected program and that extend in scope beyond the authorities
contained in the bill. Deschler-Brown Ch 28 Sec. 31.1.
An amendment delaying the operation of proposed legislation
pending an unrelated contingency is not germane. Manual Sec. 940; 8
Cannon Sec. 3037; Deschler-Brown Ch 28 Sec. 31. Thus, an amendment
making the implementation of Federal legislation contingent upon the
enactment of unrelated State legislation is not germane. Deschler-
Brown Ch 28 Sec. 31.5. It is not germane for an amendment to render a
measure contingent upon an unrelated congressional action. For
example, to a bill authorizing appropriations for radio broadcasting
to Cuba, an amendment prohibiting use of those funds until Congress
considered a constitutional amendment mandating a balanced budget was
ruled out as nongermane, imposing an unrelated contingency requiring
separate congressional action on another subject. Deschler-Brown Ch

[[Page 570]]

28 Sec. 31.39. Likewise, an amendment to an appropriation bill
delaying the availability of the appropriation pending an unrelated
contingency--the enactment of certain revenue legislation--was held
not germane. Deschler-Brown Ch 28 Sec. 31.8.
An amendment may subject the operation of the bill to an external
benchmark, so long as it does not constitute an unrelated condition.
For example, an abstract fiscal standard may be used as the measure of
availability of funding provided by the bill, or as the measure of
applicability of a fiscal or budgetary feature of the bill. Deschler-
Brown Ch 28 Sec. 34.1.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds for elementary and secondary Prohibiting use of those funds ``so long as the present
education. . . . . . . . Commissioner of Education occupies that
office'' (Deschler-Brown Ch 28 Sec. 31.42)

Funding cost-of-living salary increase for Members. . . Restricting availability of those funds during months
. in which there is an increase in the public debt
(Deschler-Brown Ch 28 Sec. 34.1)

Authorizing appropriations for humanitarian and Making that authorization contingent on a report to
evacuation assistance to war refugees in South Congress on the costs of a portion of the evacuation
Vietnam. . . . program (Deschler-Brown Ch 28 Sec. 34.12)

Authorizing defense assistance to a foreign nation. . . Delaying that assistance until that nation's former
. ambassador testified before a House committee
(Deschler-Brown Ch 28 Sec. 31.33)

Held Not Germane

Text Amendment

Extending funding for housing and urban renewal. . . . Making such funding contingent on enactment of
legislation raising additional revenue (Deschler-Brown
Ch 28 Sec. 31.11)

[[Page 571]]

Appropriating funds for emergency fuel assistance. . . Making such funding contingent on enactment of an oil
. windfall profit tax (Deschler-Brown Ch 28 Sec. 31.8)

Authorizing funds for construction of atomic energy Making such project contingent upon the enactment of
facilities. . . . Federal or State fair-housing measures (Deschler-Brown
Ch 28 Sec. 31.5)

Authorizing appropriations for the Arms Control and Making such authorization contingent on the Soviet
Disarmament Agency. . . . Union ceasing ``to supply military articles to our
enemy in Vietnam'' (Deschler-Brown Ch 28 Sec. 31.32)

Authorizing funds for foreign assistance. . . . Making aid to a nation contingent upon the enactment of
tax reform measures by that nation (Deschler-Brown Ch
28 Sec. 31.37)

Authorizing military assistance to Israel and funds for Making such funds to Israel contingent on Presidential
the United Nations Emergency Force in the Middle East. certification of the existence of a designated level
. . . of energy supplies for the U.S. (Deschler-Brown Ch 28
Sec. 31.22)

Authorizing radio broadcasting to Cuba. . . . Making such funds contingent on Congress considering a
constitutional amendment mandating a balanced budget
(Deschler-Brown Ch 28 Sec. 31.39)

Authorizing the development of certain military missile Making expenditures contingent on the impact of U.S.
systems. . . . grain sales on Soviet military preparedness (Deschler-
Brown Ch 28 Sec. 31.24)

Rescinding an agency's funds for motor vehicle seat Conditioning the availability of all funds pending
belt and passive restraint research and education. . . State compliance with Federal standards for mandatory
. seat belt use (Deschler-Brown Ch 28 Sec. 15.19)

[[Page 572]]

D. Relation to Existing Law

Sec. 27 . Amendments to Bills Amending Existing Law

The germaneness rule may provide the basis for a point of order
against an amendment that is offered to a bill amending existing law.
A germaneness point of order may be sustained where the proposed
amendment relates to the existing law rather than to the pending bill.
Manual Sec. 939; 8 Cannon Sec. Sec. 2916, 3045; Deschler-Brown Ch 28
Sec. 35. 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 upon its relationship to the subject of the bill and not
to the entire law being amended. Deschler-Brown Ch 28 Sec. 35.95. A
bill amending several sections of one title of the U.S. Code does not
necessarily bring the entire title under consideration so as to permit
an amendment to any portion thereof. Deschler-Brown Ch 28 Sec. 35.
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. Deschler-Brown Ch 28
Sec. 35.65. Likewise, if a bill amending existing law relates to a
single subject or has a single purpose, an amendment is not germane
that proposes to modify the law further in a manner not related to the
purpose of the bill. Deschler-Brown Ch 28 Sec. Sec. 35.51, 41.4. Where
a proposition narrowly amends one section of existing law by changing
a specific program therein, that section of law is not open to a
further amendment that would enlarge the scope of the pending
proposition. 92-1, Dec. 8, 1971, p 45536.
To a proposition modifying a limited portion of existing law, an
amendment further modifying that portion may be germane. Deschler-
Brown Ch 28 Sec. 35.19. Such an amendment may add exceptions or
definitions modifying the proposition if related to the same subject.
Deschler-Brown Ch 28 Sec. 35.24. However, an amendment repealing the
law is not germane. Deschler-Brown Ch 28 Sec. 36.1.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Amending a section of title 5 of the U.S. Code granting Extending those rights to legislative branch employees
certain rights to employees of executive agencies. . . as defined in a different section of that title
. (Deschler-Brown Ch 28 Sec. 35.95)

[[Page 573]]

Amending a portion of an existing law to extend the Amending another section of that law mandating that the
authorization for U.S. contributions to the total budget outlays of the Federal government shall
International Monetary Fund. . . . not exceed its receipts (Deschler-Brown Ch 28 Sec.
35.48)

Sec. 28 . Amendments to Bills Repealing Existing Law

Where a bill repealing several sections of an existing law is
pending, an amendment proposing to repeal the entire law may be
germane. Where the bill seeks to repeal only one provision of an
existing law, an amendment modifying that provision (rather than
repealing it) also may be germane. Deschler-Brown Ch 28 Sec. 37. On
the other hand, to a bill repealing one narrow subsection of existing
law, an amendment proposing a comprehensive revision of the whole law
is not germane. Deschler-Brown Ch 28 Sec. 37.7.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Repealing Chinese Exclusion Acts. . . . Relating to immigration generally (Deschler-Brown Ch 28
Sec. 37.6)

Repealing a narrow provision of an existing Act. . . . Expressing congressional policy as to the pending bill
and to the administration of the whole Act (Deschler-
Brown Ch 28 Sec. 37.9)

Repealing a provision of existing labor law, thereby Modifying the law to permit States to bar the
depriving the States of the power to prohibit ``closed application of ``closed shop'' agreements to veterans
shop contracts''. . . . of military service (Deschler-Brown Ch 28 Sec. 37.1)

Repealing a narrow subsection of law relating to the Placing restrictions on the assignment of personnel to
order of induction of selective service registrants. . Vietnam without their consent (Deschler-Brown Ch 28
. . Sec. 37.8)

[[Page 574]]

Sec. 29 . Amendments to Bills Incorporating Other Laws by Reference

A general rule of germaneness is that an amendment to a law in the
jurisdiction of one committee is not germane to a bill in the
jurisdiction of another committee. See Sec. 6, supra. However, where
the pending bill incorporates by reference provisions of a law from
another committee and conditions the effectiveness of the bill upon
actions taken pursuant to a section of that law, an amendment to alter
that section of the law may be germane. Deschler-Brown Ch 28
Sec. 4.100. Furthermore, a bill incorporating by reference procedural
requirements contained in other Acts may be broad enough to permit an
amendment similarly referring to, but not directly amending, other
statutes and intending to accomplish the result sought to be effected
by the portion of the bill to which offered. For example, to a bill
including requirements for certification of Federal land use
activities as compatible with approved State management programs and
incorporating by reference certain statutory provisions, an amendment
applying the procedures contained in those statutes to approval of
such Federal land use programs in lieu of the certification procedures
in the bill was held germane. Deschler-Brown Ch 28 Sec. 4.100. On the
other hand, to a bill citing but not amending a law on one subject, an
amendment incorporating that law by reference to broaden its
application to the subject of the bill is not germane. Deschler-Brown
Ch 28 Sec. 41.21.

Effect of Disclaimers

Ordinarily, the inclusion of language in a bill ``disclaiming''
any substantive effect of the bill on other provisions of law would
not render germane amendments that do in fact affect that law.
However, where disclaimer language in a bill is accompanied by other
provisions changing a category of law cited in the disclaimer, an
amendment further addressing the relationship between the bill and
laws cited in the disclaimer may be germane. Deschler-Brown Ch 28
Sec. 42.54.

Sec. 30 . Amendments to Bills Continuing or Extending Existing Laws

A bill extending an existing law may open up the law being
extended to germane amendments. Deschler-Brown Ch 28 Sec. 39. A bill
continuing and reenacting an existing law may be amended by a
proposition modifying in a germane manner the provisions of the law
being extended. Deschler-Brown Ch 28 Sec. 39.28. To a bill extending
an existing law in modified form, an amendment proposing further
modification of the law is germane. Deschler-Brown Ch 28 Sec. 39.19.
However, while a bill ``extending existing law''

[[Page 575]]

may open up the law being extended to germane amendments, a
proposition that merely extends an official's authority under that law
does not necessarily open up the entire law to amendment. Deschler-
Brown Ch 28 Sec. 39.27.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Continuing for one year the Mexican farm labor program. Requiring a determination that reasonable efforts have
. . . been made to hire domestic workers (Deschler-Brown Ch
28 Sec. 39.14)

Amending and extending the Elementary and Secondary Providing that no funds in the Act be used for the
Education Act. . . . transportation of students or teachers ``in order to
meet provisions of'' the Civil Rights Act of 1964
(Deschler-Brown Ch 28 Sec. 39.19)

Reenacting a law to extend the existence of the Federal Restricting the method of submitting energy action
Energy Administration, including the authority to proposals to Congress (Deschler-Brown Ch 28 Sec.
conduct energy programs. . . . 39.30)

Extending the existence of the Federal Energy Requiring that agency to promulgate regulations to
Administration and authorizing appropriations for that assure that the agency hearings be conducted in
agency. . . . certain areas (Deschler-Brown Ch 28 Sec. 39.31)

Held Not Germane

Text Amendment

Extending the authority of the Administrator of Altering provisions of existing law and modifying the
Veterans' Affairs to establish a maximum interest rate authority of the administrator to manage the loan
for insured loans to veterans. . . . program (Deschler-Brown Ch 28 Sec. 39.27)

Extending the school milk program and making Extending further such benefits to programs operated by
``preschool programs operated as part of the school nonprofit institutions in depressed areas (Deschler-
system'' eligible for benefits. . . . Brown Ch 28 Sec. 39.18)

[[Page 576]]

Sec. 31 . Amendments Changing Law to Bills Not Changing That Law

Generally

An amendment that amends a law not contemplated in the bill under
consideration and not related to the text before the House is subject
to a germaneness point of order. Thus, to a bill amending one existing
law, an amendment changing the provisions of another law is not
germane. Deschler-Brown Ch 28 Sec. 42. Likewise, to a bill making
appropriations for the current fiscal year, an amendment permanently
changing existing law is not germane and thus is not in order, even
though it tends to reduce expenditures for that year. Deschler-Brown
Ch 28 Sec. 42.57.
However, the germaneness of such an amendment may be affected by
the adoption of other amendments that broaden the scope of the pending
bill. For example, where a bill authorizing foreign military
assistance was broadened by amendment to address permanent law
relating to economic relations with foreign nations, an amendment to
remove military and economic trade sanctions against Rhodesia was held
germane to the bill as a whole in its perfected form. 95-2, Aug. 2,
1978, p 23938. The number and variety of laws being amended by the
underlying text may also affect the germaneness of an amendment
changing an additional law. Manual Sec. 939.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Reorganizing existing discretionary governmental Directly changing policies in the substantive law to be
authority and vesting it in a new agency. . . . administered by that agency (Deschler-Brown Ch 28 Sec.
42.23)

Consolidating certain functions under a new agency and Prescribing new policy by amending a law not amended by
limiting its policy-making authority to that contained the bill (Deschler-Brown Ch 28 Sec. 42.24)
in existing law. . . .

Providing in part for increased salaries for Members of Relating to audits of financial transactions of the
Congress and legislative employees. . . . House and the Architect of the Capitol under another
law (Deschler-Brown Ch 28 Sec. 42.45)

Amending the Fair Labor Standards Act with respect to Amending the Tariff Act of 1930 with respect to the
the effect of imports on the domestic labor market. . importation of merchandise from Communist nations
. . (Deschler-Brown Ch 28 Sec. 42.2)

[[Page 577]]

Establishing a Federal Energy Administration but not Repealing the Emergency Daylight Saving Time Energy
amending existing laws relating to energy conservation Conservation Act (Deschler-Brown Ch 28 Sec. 42.21)
policy. . . .

Regulating the importation of liquefied natural gas, Amending the Natural Gas Act to prohibit the FPC from
but not directly amending the Natural Gas Act. . . . regulating the price of natural gas at the well-head
(Deschler-Brown Ch 28 Sec. 42.20)

Amending certain Acts to provide for market adjustment Amending another Act to direct the President to conduct
and price support programs for wheat and feed grains. an investigation into imports of specified
. . . agricultural products (Deschler-Brown Ch 28 Sec.
42.11)

Changing for one year an existing law establishing Waiving the provisions of another law relating to price
price supports for several agricultural commodities. . supports for another agricultural commodity (Deschler-
. . Brown Ch 28 Sec. 42.17)

Amending several provisions of an existing law. . . . Repealing a section of another law (Manual Sec. 939)

Waivers or Repeals

An amendment repealing existing law has been held not germane to a
bill not amending that law. Deschler-Brown Ch 28 Sec. 42.21. An
amendment may be subject to a point of order on the basis that it
contains the language ``notwithstanding any other provision of law''
if it has the effect of waiving a statute not amended by the bill.
Deschler-Brown Ch 28 Sec. 42.17. In one such instance, the Chair noted
that the waivers in the bill were waivers of a narrow class of
existing laws, whereas the amendment waived various unspecified laws
not within the scope of the pending measure. Deschler-Brown Ch 28
Sec. 42.18.

E. House--Senate Relations

Sec. 32 . Senate Germaneness Rules

In contrast to the House practice, there is no general Senate rule
prohibiting nongermane amendments. However, questions of germaneness
of

[[Page 578]]

amendments to general appropriation bills are submitted to the Senate
without debate under Senate rule XVI. The Chair does not rule on the
question. Another rule prohibits nongermane amendments to bills after
cloture has been invoked. See Senate rule XXII clause 2. In addition,
pursuant to unanimous-consent agreements, the Senate sometimes
prohibits nongermane amendments to particular bills, or may prohibit a
certain class of nongermane amendments to a bill. Deschler-Brown Ch 28
Sec. 25; see also Senate Procedure, Riddick, S. Doc. No. 101-28
(1992), p 854. Under section 305 of the Budget Act, amendments offered
in the Senate to a concurrent resolution on the budget must be
germane; and under section 310, a similar restriction applies to
amendments to budget reconciliation bills. Manual Sec. 1127.

Sec. 33 . Motions to Instruct Conferees

The rule that amendments must be germane applies to amendments to
a motion to instruct conferees. 8 Cannon Sec. Sec. 3230, 3235;
Deschler-Brown Ch 28 Sec. 28. The test of an amendment to a motion to
instruct conferees is the relationship of the amendment to the subject
matter of the House and Senate versions of the bill (Manual Sec. 930)
and not to the original motion to instruct.
Where an amendment in the nature of a substitute has been proposed
by one House for the entire bill passed by the other House, provisions
in either the bill or the substitute may be addressed in motions to
instruct conferees. 8 Cannon Sec. 3230.

Sec. 34 . Senate Provisions in Conference Reports and in Amendments in
Disagreement

Formerly, a Senate amendment was not subject to the point of order
that it was not germane to the House bill. 8 Cannon Sec. 3425. Today,
under changes in the rules enacted in 1972, points of order may be
made against nongermane Senate matter in a conference report or in a
proposal to concur in a Senate amendment (with or without amendment).
If sustained, separate votes may be demanded on portions of Senate
amendments and conference reports containing language that would not
have been germane if offered in the House. Rule XXII clause 10; Manual
Sec. 1089.
Rule XXII clause 10 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. For purposes of that rule, the
House-passed version, against which Senate provisions are compared, is
that version finally com

[[Page 579]]

mitted to conference, taking into consideration all amendments adopted
by the House, including House amendments to Senate amendments.
Deschler-Brown Ch 28 Sec. 27.
Pursuant to rule XXII clause 10, where the Speaker sustains a
point of order that a portion of a conference report containing a
Senate amendment is not germane to the House bill, a motion to reject
that portion of the conference report is in order and is subject to 40
minutes of debate. Deschler-Brown Ch 28 Sec. 26.29.
The Member representing the conference committee recognized in
opposition to a motion to reject a nongermane Senate provision
pursuant to rule XXII clause 10, and not the proponent of the motion,
has the right to close debate thereon. Manual Sec. 1090. After the 40
minutes of debate permitted by that rule, it is then in order,
following the disposition of the motion to reject, to make further
points of order and motions to reject. If any such motion is adopted,
the conference report shall be considered as rejected and the pending
question shall be, in the case of a House bill with a Senate
amendment, whether the House will recede from disagreement to the
Senate amendment and concur therein with an amendment consisting of
the portion of the conference report not rejected. Deschler-Brown Ch
28 Sec. 26.31.
Rule XXII clause 10 also permits points of order against
nongermane Senate matter in motions to concur or concur with amendment
in Senate amendments, the stage of disagreement having been reached.
If such a point of order is sustained, a separate motion to reject
such nongermane matter is permitted. Manual Sec. Sec. 931, 1089.
Clause 10 is not applicable to a provision contained in a motion to
recede and concur with an amendment 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 the House germaneness rule. Deschler-Brown Ch 28
Sec. 27.12.
This principle is illustrated in the following precedents:

Held Not Germane

House Bill Senate Amendment

Continuing the operations of an executive department Prohibiting the availability of any funds appropriated
for one year. . . . for foreign military base agreements absent
congressional approval (93-1, Sept. 11, 1973, pp 29243-
46)

[[Page 580]]

Exempting from tariff duty certain equipment and Extending benefits under the unemployment compensation
repairs for vessels operated by the United States. . . program (Deschler-Brown Ch 28 Sec. 26.30)
.

Requiring that a percentage of U.S. oil imports be Relating to the construction of vessels with certain
carried on U.S. flag vessels. . . . anti-pollution requirements (Deschler-Brown Ch 28 Sec.
26.29)

Containing several diverse amendments to the Internal Authorizing appropriations for special payments to
Revenue Code to provide individual and business tax social security recipients (Deschler-Brown Ch 28 Sec.
credits. . . . 26.27)

Improving automotive fuel efficiency by imposing fuel Providing loan guarantees for automotive research and
economy standards upon manufacturers. . . . development (Deschler-Brown Ch 28 Sec. 26.15)

The House has by unanimous consent concurred in a nongermane
Senate amendment to House amendments to a Senate bill and in a
nongermane Senate amendment to a House private bill. Deschler-Brown Ch
28 Sec. 26; 92-1, Dec. 9, 1971, p 45872.

Sec. 35 . Amendments to Senate Amendments

An amendment offered in the House to a Senate amendment must
ordinarily be germane to the particular Senate amendment to which it
is offered, it not being sufficient that the amendment be germane to
the provisions of the bill if the Senate amendment merely inserts new
matter and does not strike House provisions. 5 Hinds Sec. 6188; 8
Cannon Sec. 2936; Manual Sec. 931. Thus, during consideration of a
Senate amendment reported in disagreement by conferees, a proposal to
amend must be germane to the Senate amendment. Deschler-Brown Ch 28
Sec. 27.35. Although a Senate amendment proposing legislation on a
general appropriation bill is subject to an amendment of a similar
character in the House, the requirement remains that the House
amendment be germane to the Senate amendment. Deschler-Brown Ch 28
Sec. 27.
The test of the germaneness of a further amendment offered to a
motion to concur in a Senate amendment with an amendment is the
relationship between the offered amendment and the motion, and not the
relationship be

[[Page 581]]

tween that amendment and the Senate amendment to which the motion has
been offered. Deschler-Brown Ch 28 Sec. 27.6.
The test of germaneness of an amendment in the nature of a
substitute to a Senate amendment--proposed in a motion to concur
therein with an amendment--is the relationship between the proposed
amendment in its entirety and the Senate amendment (and not the
relationship between any one provision of the amendment and any one
provision of the Senate amendment). Deschler-Brown Ch 28
Sec. Sec. 27.11, 27.12.
The rule of germaneness applies to motions to recede and concur in
a Senate amendment with an amendment. Such a motion must be germane to
the Senate amendment. Deschler-Brown Ch 28 Sec. 27. However, where a
Senate amendment proposes only 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 by the Senate
amendment. Manual Sec. 931.
These principles are illustrated in the following precedents:

Held Germane

Senate Amendment House Amendment

Appropriating funds for a Senate office building Reducing the appropriation and the funding ceiling, and
extension, providing a funding ceiling on such providing that such extension upon completion meet
extension, and providing for the transfer of personnel certain personnel needs (96-1, Aug. 2, 1979, p 22007)
and equipment to such extension. . . .

Containing diverse provisions relating to the Containing comparable provisions and in addition
organization and administration of the Federal courts, permitting courts of appeals of a certain size to
including appointment of additional district and establish administrative units (Deschler-Brown Ch 28
circuit judges. . . . Sec. 27.12)

Appropriating funds for termination of the civil Appropriating funds for termination of payment of the
supersonic aircraft. . . . airlines' contribution to development costs (92-1,
July 29, 1971, p 28053)

[[Page 582]]

Held Not Germane

Senate Amendment House Amendment

Prohibiting use of specified funds as compensation for Enlarging the class of persons ineligible for such
certain former employees. . . . compensation (Deschler-Brown Ch 28 Sec. 27.34)

Prohibiting use of funds in a general appropriation Authorizing appropriations for research and development
bill for only one basing mode for the MX missile. . . of another weapons system (Deschler-Brown Ch 28 Sec.
. 27.19)

Providing for payment, from the Senate contingent fund, Providing additional travel allowances to Members of
of certain additional travel expenses incurred by the House from the House contingent fund (Deschler-
Senate employees. . . . Brown Ch 28 Sec. 27.35)

Striking a provision in a general appropriation bill Prohibiting use of those EPA funds temporarily to
that precluded the use of funds therein by the implement any plan requiring the review of any
Environmental Protection Agency to control air indirect sources of air pollution (Deschler-Brown Ch
pollution by regulating parking facilities. . . . 28 Sec. 27.14)

Appropriating funds for asbestos hazards abatement in Earmarking funds for the refinancing of a recycling
schools. . . . program of a specified city (Deschler-Brown Ch 28 Sec.
27.1)

F. Procedural Matters; Points of Order

Sec. 36 . In General

If any part of an amendment is subject to a point of order, the
entire amendment is subject to such point of order. 5 Hinds Sec. 5784;
8 Cannon Sec. Sec. 2922, 2980. The ruling of the Chair is subject to
appeal. Deschler Ch 19 Sec. 9.2. On one occasion, the Committee of the
Whole permitted, by unanimous consent, consideration of an amendment
that had been ruled out of order as not germane. Deschler-Brown Ch 28
Sec. 43.
Ordinarily, the maker of a germaneness point of order will state
the grounds on which the amendment is not germane. Manual Sec. 928;
Deschler-Brown Ch 28 Sec. 43; see also Manual Sec. 628; Points of
Order.

[[Page 583]]

Burden of Proof

The burden of proof of the germaneness of an amendment rests on
its proponent. 8 Cannon Sec. 2995. Where an amendment is equally
susceptible to more than one interpretation, and the proponent fails
to carry the burden of showing the applicability of that
interpretation under which the amendment can be upheld, the Chair may
rule it out of order. Deschler-Brown Ch 28 Sec. 43.6.

Sec. 37 . Waiver of Points of Order

Waiver by Failure to Raise Point of Order

The germaneness rule is not self-enforcing. It may be waived by
the mere failure to raise a timely point of order. An amendment
permitted to come under consideration because no point of order as to
its germaneness was raised may itself be subject to germane amendment.
The fact that no point of order is made against a particular amendment
does not waive points of order against subsequent amendments of a
related nature. Deschler-Brown Ch 28 Sec. 43.

Waiver by Special Rule

Points of order against nongermane amendments may be waived
pursuant to the terms of a special rule from the Committee on Rules.
The issue of germaneness cannot be raised against an amendment when
all points of order against that amendment have been waived. Deschler
Ch 21 Sec. 23.21. Thus, where a bill is being considered under the
provisions of a special rule that specifies that committee amendments
shall be in order, ``any rule of the House to the contrary
notwithstanding,'' no issue can properly be raised as to the
germaneness of such amendments. Deschler Ch 21 Sec. 23.16.
The Committee on Rules may report a special rule altering the
ordinary test of the germaneness of an amendment, such as rendering
only one portion of an amendment subject to a germaneness point of
order, while preserving consideration of the remainder of the
amendment and waiving germaneness points of order with respect
thereto. Deschler-Brown Ch 28 Sec. 45.3.
Where a special rule waives germaneness points of order against
the consideration of a designated amendment, and does not specifically
preclude the offering of amendments thereto, germane amendments to
that amendment may be offered. Deschler-Brown Ch 28 Sec. 45.8.
For a discussion of the germaneness of amendments to special
orders reported from the Committee on Rules, see Sec. 3, infra.

[[Page 584]]

Sec. 38 . Timeliness of Points of Order

The general rule is that a point of order against an amendment as
not germane must be made or reserved immediately after the amendment
is read and comes too late once debate has been had on the amendment.
The point of order against the amendment must be raised before the
proponent has commenced his remarks. Deschler-Brown Ch 31 Sec. 6.33.
The rereading of the amendment by unanimous consent after there has
been debate does not permit the intervention of a point of order
against the amendment. Deschler-Brown Ch 31 Sec. 6.36. However, the
Chair may entertain a point of order against the amendment by a Member
who states that he had been on his feet, seeking recognition for that
purpose, when the debate began, or who was on his feet seeking
recognition at the time the amendment was read. Deschler-Brown Ch 28
Sec. 44; Deschler-Brown Ch 29 Sec. Sec. 20.31. 20.32.
Reservation of a point of order against an amendment or the
continuation of such a reservation after some debate on the amendment
may be permitted by leave of the Chair, but the Chair may demand that
the point of order be disposed of before further debate on the
amendment. Deschler-Brown Ch 29 Sec. 20.36.
Because a point of order against the germaneness of an amendment
must be made before its consideration, where points of order have been
waived against a specific amendment that is then altered by amendment,
a point of order will not lie against the amendment on the ground
that, as modified, it no longer comes within the coverage of the
waiver. Deschler-Brown Ch 28 Sec. 44.2.
A point of order against a motion to recommit with instructions
has been made before completion of the reading of such motion where
the matter contained in the instructions had been ruled out as not
germane when offered as an amendment in the Committee of the Whole.
Deschler-Brown Ch 28 Sec. 23.3. However, such a point of order comes
too late after the proponent of the motion has been recognized for
debate and has yielded for a parliamentary inquiry. Deschler-Brown Ch
28 Sec. 30.3.

Sec. 39 . Debate on Points of Order

Where a germaneness point of order is made, the Chair ordinarily
permits argument thereon by the Member making the point of order in
support of his position, and by the proponent of the amendment in
defense of the amendment. The Chair may in his sole discretion also
permit arguments by others who wish to speak on either side of the
issue. Deschler-Brown Ch 28 Sec. 43. Debate time on the point of order
is within the discretion of the Chair, and Members may not yield to
each other. Deschler-Brown Ch 31

[[Page 585]]

Sec. 7.4. All such debate must be confined to the question of
germaneness and cannot go to the merits of the amendment. Manual
Sec. 628.
A germaneness point of order 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. Manual Sec. 928.

Sec. 40 . Anticipatory and Hypothetical Rulings

The Chair ordinarily will refuse to entertain a parliamentary
inquiry on the germaneness of an amendment that has not yet been
offered, because the Chair does not deliver anticipatory rulings.
Thus, the Chair has declined to indicate, in response to a
parliamentary inquiry, whether a substitute, if defeated, would
thereafter be germane if subsequently offered as an amendment in the
form of a new section. Manual Sec. 628; Deschler-Brown Ch 28 Sec. 46.
Because the Chair does not rule on hypothetical questions, the
Chair declines to rule in advance with regard to the germaneness of
instructions accompanying a motion to recommit. Deschler-Brown Ch 28
Sec. 46.
In the House, the Speaker does not rule on such questions of
germaneness as may be the province of the Chairman of the Committee of
the Whole. Deschler-Brown Ch 28 Sec. 44.