![]() The Legislative Process Non-Germane Amendments Even more important is the absence in the standing rules of any general
requirement that the amendments which Senators offer on the floor must be
germane or relevant to the bill being considered. The rules impose a
germaneness requirement only on amendments to general appropriations
and budget measures and to matters being considered under cloture.
(Various statutes impose such a requirement on a limited number of other
bills.) In all other cases, Senators are free to propose whatever
amendments they choose on whatever subjects to whatever bill the Senate
happens to be considering.
The right to offer non-germane amendments is extraordinarily important
because it permits Senators to present issues to the Senate for debate and
decision, without regard to the judgments of the Senate's committees or the
scheduling decisions and preferences of its Majority Leader. Again
consider the position of a Senator whose bill is not being acted on by the
committee to which it was referred. Instead of introducing an identical bill
and having it placed directly on the Calendar, he or she has a second and
usually more attractive option: to offer the text of the bill as a floor
amendment to another bill that has reached the floor and that can serve as a
useful legislative "vehicle."
The existence of this opportunity can make it extremely difficult to anticipate
what will happen to a bill when it reaches the floor and how much
of the Senate's time it will consume. The party leaders and the floor
managers of the bill may know what amendments on the subject of the bill
will be offered, but they cannot be certain that there will be no other, far
more controversial, non-germane amendments. In fact, it is not unusual for
one or more non-germane amendments to occupy the Senate's attention far
more than the subject the bill itself addresses.
| ![]() ![]() |