[Deschler-Brown Precedents, Volume 10, Chapter 28 (Sections 1-24), Volume 11, Chapter 28 (Sections 25-end, plus index)]
[Chapter 28. Amendments and the Germaneness Rule]
[A. General Principles]
[Â§ 7. Amendment Substituting Different Agency To Administer Provisions]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 7890-7898]
 
                               CHAPTER 28
 
                  Amendments and the Germaneness Rule
 
                         A. GENERAL PRINCIPLES
[[Page 7385]]
 
Sec. 7. Amendment Substituting Different Agency To Administer 
    Provisions

    An amendment that effects a substitution of one agency for another 
charged with administering the provisions of the bill may be germane. 
Accordingly, it has been held that, to an amendment placing certain 
duties upon an agency of the government, an amendment proposing to 
place such duties upon another agency was germane; (6) and 
where the fundamental purpose of the bill and amendment are clearly 
related, substituting a different agency to carry out that purpose may 
not render the amendment not germane.(7)
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 6. Sec. Sec. 7.1 and 7.9, infra.
 7. Sec. 7.3, infra.
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    But a distinction has been made between the mere substitution of a 
different governmental agency to administer the terms of a bill, and 
the granting of authority to such an agency to use new and unrelated 
methods in accomplishing the purposes of the bill.(8) 
Discussing amendments ruled out in the past as not germane, the Chair 
on one occasion stated that the decisions in those cases rested not on 
the mere substitution of a new agency, but rather the substitution of 
unrelated methods of achieving the predetermined end.(9)
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 8. Sec. 7.4, infra.
 9. Sec. 7.7, infra.
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    The applicable rule therefore seems to be that where a bill 
proposes regulation of certain activities through the use of a 
governmental agency, an amendment substituting a different agency is 
not germane if, in addition, it authorizes such agency to use new and 
unrelated methods in achieving the purposes of the bill, or if the 
agency is not one within the jurisdiction of the committee handling the 
bill.(10)
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10. Sec. 7.6, infra.
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    On one occasion, an amendment creating a new agency was held not 
germane, the Chair noting that the funds to be controlled by the agency 
were not limited to those authorized by the bill.(11)
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11. Sec. 7.1, infra.                          -------------------
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Bill Authorizing Appropriation for Participation in United Nations 
    Relief and Rehabilitation Administration; Amendment Authorizing 
    Appropriation for Relief Purposes But Without Participation in 
    Organization

Sec. 7.1 To a bill authorizing an appropriation to be ex

[[Page 7891]]

    pended by the President for participation by the United States in 
    the work of the United Nations Relief and Rehabilitation 
    Administration, an amendment authorizing an appropriation to be 
    expended by the President to carry out the same work but not with 
    the United Nations Relief and Rehabilitation Administration was 
    held to be germane.

    The following exchange (12) indicates the nature of the 
germaneness argument against the amendment and the disposition by the 
Chairman (13) of the point of order raised against the 
amendment:
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12. 90 Cong. Rec. 653, 78th Cong. 2d Sess., Jan. 24, 1944. Under 
        consideration was H.J. Res. 192 (Committee on Foreign Affairs).
13. Emmet O'Neal (Ky.).
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        Mr. Luther A. Johnson [of Texas]: Mr. Chairman, I make the 
    point of order that the amendment is not germane to the pending 
    resolution. The pending resolution is to enable the United States 
    to participate in the work of the United Nations Relief and 
    Rehabilitation organization. The gentleman's amendment simply 
    authorizes an appropriation to be made to the President for a 
    certain character of relief and not within the purview of the 
    pending resolution as stated in the preamble.
        The Chairman: The Chair is prepared to rule.
        The amendment offered by the gentleman from Ohio appropriates 
    money for purposes of relief. The Chair feels that it is in line 
    with the general purposes of the bill and overrules the point of 
    order.

Bill Authorizing Assistance to Greece and Turkey Through Reconstruction 
    Finance Corporation--Amendment To Create New Commission To Control 
    Funds Not Limited to Those in Bill

Sec. 7.2 To a bill authorizing appropriations for assistance to Greece 
    and Turkey through the Reconstruction Finance Corporation, an 
    amendment proposing the creation of a Foreign Funds Control 
    Commission having control of funds not limited to those proposed in 
    the bill was held to be not germane.

    A bill (14) relating to appropriations for assistance to 
Greece and Turkey was under consideration on May 9, 1947. The Chairman 
(15) ruled out of order as nongermane an amendment offered 
by Mr. Fred L. Crawford, of Michigan: (16)
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14. Under consideration was H.R. 2616 (Committee on Foreign Affairs).
15. Francis H. Case (S.D.).
16. 93 Cong. Rec. 4930, 80th Cong. 1st Sess.
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        The Clerk read as follows:

[[Page 7892]]

            Amendment offered by Mr. Crawford: On page 4, line 22, 
        after the period, add a new section:
            ``Sec. 3a. There is hereby created the Foreign Funds 
        Control Commission, which shall be an independent agency of 
        Government directly responsible to the Congress.
            ``The Commission shall consist of three members--a 
        Director, the Comptroller General, and the Secretary of the 
        Treasury. . . .
            ``The Commission is hereby directed to administer all funds 
        hereafter granted by the Treasury of the United States or 
        previous grants if directed by the Congress to foreign 
        countries, their nationals and agencies of whatever kind or 
        nature.

        Mr. [Charles A.] Eaton [of New Jersey]: Mr. Chairman, a point 
    of order. . . . Mr. Chairman, the legislation the gentleman 
    proposes is very important and very fundamental legislation, but it 
    ought to come before the committee in a special bill. I make the 
    point of order that it is not germane to the present bill.

    The Chairman, in ruling on the point of order, stated:

        The amendment . . . proposes [creation of] a Foreign Funds 
    Control Commission, to be an independent agency of the Government 
    and to have control not merely over the funds proposed to be 
    authorized by the pending legislation but over funds that might be 
    made available under other legislation. Consequently the Chair 
    sustains the point of order and rules that the amendment is not 
    germane.

Bill To Provide Foreign Aid Through Economic Cooperation 
    Administration--Amendment To Provide Aid To Individuals Through 
    Creation of World Relief Corporation

Sec. 7.3 To a bill providing for economical and financial assistance to 
    foreign countries through an agency to be known as the Economic 
    Cooperation Administration, an amendment to provide similar aid 
    through an agency to be known as ``World Relief, Inc.'' was held to 
    be germane.

    In the 80th Congress, during consideration of a bill relating to 
foreign assistance, an amendment, reading in part as follows, was 
offered for purposes of creating a corporate body with the function of 
furnishing aid to individuals: (17)
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17. 94 Cong. Rec. 3627, 80th Cong. 2d Sess., Mar. 29, 1948. Under 
        consideration was S. 2202 (Committee on Foreign Affairs).
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        Sec. 102. That there be, and is hereby, created a body 
    corporate with the name ``World Relief, Incorporated'' (herein 
    called the Corporation). . . .
        Sec. 107. That the purposes of this Corporation are and shall 
    be to furnish, directly, food, clothing, and other urgently needed 
    supplies to the needy individuals of the world. The Corporation is 
    hereby specifically prohibited

[[Page 7893]]

    from furnishing food, clothing, or other supplies to the 
    governments of any cooperating country or any political subdivision 
    thereof as distinguished from their individual citizens.

    In overruling a point of order against the amendment, the Chairman 
(18) stated: (19)
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18. Francis H. Case (S.D.).
19. 94 Cong. Rec. 3629, 80th Cong. 2d Sess., Mar. 29, 1948.
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        The bill pending before the committee is a bill of considerable 
    latitude. The title reads:

            An act to promote the general welfare, national interest, 
        and foreign policy of the United States through necessary 
        economic and financial assistance to foreign countries which 
        undertake to cooperate with each other in the establishment and 
        maintenance of economic conditions essential to a peaceful and 
        prosperous world. . . .
[T]he amendment that is offered in its present form does not, in the 
    opinion of the Chair, go beyond the very general purposes outlined 
    in the bill before us.

        The Chair, therefore, overrules the point of order.

Bill To Provide Foreign Aid Through Government Agencies--Amendment 
    Providing Aid Through Red Cross by Different Methods of 
    Distribution

Sec. 7.4 To a bill providing relief to foreign countries through 
    government agencies, an amendment providing for such relief to be 
    made through the Red Cross, to be distributed by methods not 
    contemplated in the bill, was held to be not germane.

    In the 80th Congress, during consideration of a foreign aid bill, 
an amendment was offered for purposes of giving the Red Cross and 
similar organizations responsibilities with respect to providing relief 
to foreign countries.(20) The nature of the objections to 
the amendment, and the ruling by the Chairman,(1) are 
indicated below:
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20. 93 Cong. Rec. 11242, 80th Cong. 1st Sess., Dec. 10, 1947. Under 
        consideration was H.R. 4604 (Committee on Foreign Affairs).
 1. Earl C. Michener (Mich.).
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        Mr. [John M.] Vorys [of Ohio]: Mr. Chairman, I make the point 
    of order against the amendment that it is not germane to the bill 
    H.R. 4604, which, as its title indicates, is ``to promote world 
    peace and the general welfare, national interest, and foreign 
    policy of the United States by providing aid to certain foreign 
    countries.'' The entire structure of the bill provides for aid 
    furnished by this Government to governments of other countries. The 
    section of the bill in question . . . provides for agreements that 
    the recipient countries are required to make before any of the aid 
    is supplied. This amendment would provide a new subsection . . . by 
    which the foreign country is not only required to insure the 
    distribution of the bulk of the products through private 
    organizations selected

[[Page 7894]]

    by an American representative, but each of the foreign countries is 
    required to make an undertaking that the other countries insure 
    that these private organizations selected by the American 
    representative carry out the distribution.(2)
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 2. 93 Cong. Rec. 11242, 80th Cong. 1st Sess., Dec. 10, 1947.
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        The Chairman: . . . This is a bill to provide relief for 
    specified foreign countries. A specific method is provided for 
    administering that relief. That method proposed requires an 
    agreement between the governments involved. The bill provides that 
    the recipient governments must administer the relief in their 
    respective jurisdictions. . . .
        [The] amendment . . . creates a new plan of distribution, 
    including participation by the Red Cross. . . . Part of the 
    amendment undoubtedly is germane, but the amendment goes further 
    and provides for distribution in a method and a manner not 
    contemplated in section 5 or in the bill.(3)
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 3. Id. at p. 11244.
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Bill To Create Division of Water Pollution Control in Public Health 
    Service--Amendment Proposing Water Pollution Study by Chief of 
    Engineers and Surgeon General

Sec. 7.5 To a bill creating a division of water pollution control in 
    the Public Health Service, to conduct a survey, issue a report, and 
    to control pollution, an amendment in the nature of a substitute 
    proposing a comprehensive water pollution study by the Chief of 
    Engineers and the Surgeon General of the Public Health Service was 
    held to be germane.

    During consideration of a bill establishing a division of water 
pollution control in the Public Health Service, the following amendment 
in the nature of a substitute was offered: (4)
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 4. 81 Cong. Rec. 3694, 75th Cong. 1st Sess., Apr. 21, 1937. Under 
        consideration was H.R. 2711 (Committee on Rivers and Harbors).
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        That the Chief of Engineers of the War Department and the 
    Surgeon General of the Public Health Service, Treasury Department, 
    are authorized and directed to make jointly a comprehensive study 
    of water pollution and the means of eliminating or reducing water 
    pollution. . . .

    A point of order against the amendment was made as follows:

        Mr. Fred M. Vinson [of Kentucky]: Mr. Chairman, I make the 
    point of order that the amendment is not germane to the section and 
    not germane to the bill. . . .

        I do not have the amendment before me . . . but section 1 
    establishes a division of water-pollution control in the Public 
    Health Service.
        Nothing whatever is contained in section 1 [of the bill] with 
    reference to

[[Page 7895]]

    the purposes set out in the amendment offered by the gentleman from 
    Missouri.

    The proponent of the amendment, Mr. John J. Cochran, of Missouri, 
in defending the amendment, stated:

        This bill provides for the stopping of pollution in the streams 
    of the United States. That is the very purpose of my amendment. 
    When the report is received from the Engineers of the War 
    Department and the Public Health Service, then this Congress will 
    have something to work on and can act intelligently.

    The Chairman (5) ruled as follows: (6)
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 5. Wall Doxey (Miss.).
 6. 81 Cong. Rec. 3694, 75th Cong. 1st Sess., Apr. 21, 1937.
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        The Chair may say in reference to the point of order made by 
    the gentleman from Kentucky [Mr. Fred M. Vinson] that the proposed 
    amendment offered by the gentleman from Missouri [Mr. Cochran] 
    provides for a survey and a report. The pending bill, H.R. 2711, 
    not only provides for a survey and report but goes still further 
    and sets up certain machinery to control the pollution of streams.
        The Chair is of the opinion that the amendment is germane to 
    the pending bill and therefore overrules the point of order.

Water Resources of Alaska: Investigation by Corps of Engineers in Lieu 
    of Secretary of Interior

Sec. 7.6 To a bill authorizing the Secretary of the Interior to make 
    investigations of projects for the conservation and utilization of 
    water resources of the Territory of Alaska, an amendment proposing 
    that such investigations be made by the Corps of Army Engineers was 
    held to be not germane.

    On June 1, 1955,(7) during consideration of a bill 
reported by the Committee on Interior and Insular Affairs dealing 
solely with an investigation of the water resources of the Territory of 
Alaska (a subject then exclusively within the jurisdiction of the 
Interior Committee), an amendment was offered to provide that the 
investigation should be carried out by a department other than the 
department named in the bill:
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 7. 101 Cong. Rec. 7403, 84th Cong. 1st Sess. Under consideration was 
        H.R. 3990 (Committee on Interior and Insular Affairs).
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        Mr. [Homer H.] Budge [of Idaho]: . . . Mr. Chairman, it appears 
    to me that the amendment is germane. It substitutes an existing 
    Government agency for another existing Government agency. It 
    carries out the stated purposes of the legislation simply by a 
    substitution of the agency to do the things which are called for in 
    the legislation.
        The Chairman: (8) . . . The gentleman's amendment 
    substitutes a de

[[Page 7896]]

    partment of the Government which does not come under the 
    jurisdiction of the Committee on Interior and Insular Affairs, and 
    therefore the Chair must rule that it is out of order. The Chair 
    sustains the point of order.
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 8. Chet Holifield (Calif.).
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Standards for Wages and Hours To Be Established by New Division in 
    Labor Department in Lieu of Independent Executive Board

Sec. 7.7 To a bill providing for the establishment of fair labor 
    standards through the utilization of an independent board having 
    certain specified powers, an amendment proposing to accomplish the 
    same result by establishing a wages and hours division in the 
    Department of Labor was held to be germane.

    On Dec. 15, 1937, during consideration of a bill concerned with the 
determination of minimum wages and maximum hours in industry by an 
independent board exercising broad discretionary powers, an amendment 
in the nature of a substitute which provided that such determination be 
made by a division newly established in the Department of Labor was 
held to be germane; and a further substitute amendment proposing to fix 
minimum wages and maximum hours in specific terms without resort to the 
exercise of discretion by any agency was held to be germane to the 
amendment in the nature of a substitute. See the proceedings of Dec. 
15, 1937, with respect to S. 2475, discussed in Sec. 6.23, supra.

Research in Tin Smelting: Control Vested in Bureau of Mines in Lieu of 
    Government Corporation

Sec. 7.8 To a bill to continue an act providing for the maintenance of 
    a government-owned smelting operation, and for financing of 
    research in tin smelting and processing, an amendment proposing to 
    give control of such research to the Bureau of Mines was held to be 
    germane.

    On July 25, 1950, the following amendment was offered to H.R. 8569, 
reported from the Committee on Banking and Currency, a bill to 
strengthen the common defense by extending for five years the authority 
for the Texas City tin smelter operation: (9)
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 9. 96 Cong. Rec. 11011, 81st Cong. 2d Sess.
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        That on or before December 31, 1950, the present lease and 
    smelting agreements, as amended, shall be terminated by the 
    Reconstruction Finance

[[Page 7897]]

    Corporation and the operation and management of the Government-
    owned tin smelter at Texas City, Tex., shall be awarded to bona 
    fide American private enterprise which has no affiliations or 
    interests whatsoever in tin mining or smelting outside of the 
    Western Hemisphere, or, if this cannot be accomplished 
    satisfactorily, such operation and management shall be given to and 
    undertaken by the United States Bureau of Mines, Department of the 
    Interior: And provided further, That all research and 
    experimentation performed with United States Government funds at, 
    or for the Government-owned tin smelter at Texas City, Tex., after 
    December 31, 1950, shall be conducted by or under the supervision 
    of the United States Bureau of Mines. . . .

    In ruling on a point of order made against the amendment, the 
Chairman (10) stated: (11)
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10.  Prince H. Preston, Jr. (Ga.).
11. 96 Cong. Rec. 11011, 81st Cong. 2d Sess., July 25, 1950.
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        The Chairman has examined the basic law sought to be extended 
    by the bill now before the committee. The language in the basic law 
    states clearly, among other things, ``to finance research in tin 
    smelting and processing, and (4) to do all other things necessary 
    to the accomplishment of the foregoing shall continue in effect 
    until June 30, 1951, or until such earlier time as the Congress 
    shall otherwise provide.''
        The amendment offered by the gentleman from Pennsylvania [Mr. 
    Saylor] offers an alternative proposition, to place it in other 
    departments of the Government.
        Therefore the Chair holds that the amendment is germane and 
    overrules the point of order.

Amendment Substituting National Defense Mediation Board for National 
    Mediation Board as Agency To Perform Same Duties

Sec. 7.9 To an amendment placing certain duties upon the National 
    Mediation Board, an amendment proposing to place such duties upon 
    the National Defense Mediation Board was held to be germane.

    The following exchange in the 77th Congress (12) 
concerned an amendment substituting ``National Defense Mediation 
Board'' for ``National Mediation Board'' in a proposition relating to 
military appropriations:
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12. 87 Cong. Rec. 4905, 77th Cong. 1st Sess., June 9, 1941. Under 
        consideration was H.R. 4965 (Committee on Appropriations).
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        Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, I make a 
    point of order. The amendment offered by the gentleman from South 
    Dakota deals with the National Mediation Board. The amendment 
    offered by the gentleman from Michigan deals with the National 
    Defense Mediation Board, an entirely different subject and 
    therefore not germane to the original amendment. . . .

[[Page 7898]]

        Mr. [Albert J.] Engel [of Michigan]: . . . The gentleman from 
    South Dakota [Mr. Case] intended to write ``National Defense 
    Mediation Board'' and unintentionally wrote ``National Mediation 
    Board.'' They are not the same Boards.
        The Chairman: (13) In the opinion of the Chair, the 
    amendment offered by the gentleman from Michigan [Mr. Engel] to the 
    amendment offered by the gentleman from South Dakota [Mr. Case] is 
    simply a change in the Board which would have control, under the 
    amendment as offered. The Chair thinks it is entirely in order for 
    the gentleman from Michigan to offer an amendment for a different 
    Board to be charged with the operation than the Board stated in the 
    amendment as originally offered, and therefore overrules the point 
    of order.
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13. Fritz G. Lanham (Tex.).
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