Ch. 28 § 35 DESCHLER-BROWN PRECEDENTS

Corps of Engineers is still a part of the law has been held not to be ger- amendment as the Chair views it. mane.(5) Therefore, the Chair would have to sustain the on the basis Continuing Tax Exemptions that it would still expand authorities which are not within the coverage of for Property Used by Govern- the bill. ment—Amendment Repealing Other Exemptions

§ 36. Amendment - § 36.1 To a bill to continue the tax-exempt status of certain ing Existing Law to Bill property owned by others Amending That Law but used and occupied by government agencies or by To a bill amending existing law the Red Cross, an amend- (20) in one particular, or in a lim- ment seeking to repeal the (1) ited respect, an amendment re- law granting tax exemptions pealing the law is not germane. with respect to property oc- Thus, to a bill establishing a new cupied by the Daughters of office within a government depart- the American Revolution was ment, an amendment to abolish held not to be germane. the department is not germane.(2) ( ) Similarly, to an amendment pro- In the 79th Congress, a bill 6 posing to amend existing law in was under consideration which ( ) some particulars, an amendment stated in part as follows: 7 proposing to repeal the law in its Whereas in times of national stress entirety is not germane,(3) unless it is necessary for the United States of the proposition being amended America and its various instrumental- ities to use and occupy additional changes law in a comprehensive space necessary for the proper execu- and diverse way, in which case an tion of their enlarged functions: There- amendment proposing repeal of fore be it the law may be germane.(4) And to Resolved, etc., That the use and occu- a bill referring to certain provi- pancy of real property in the District of Columbia by any department, agency, sions of existing law, an amend- or instrumentality of the United States ment repealing a portion of that of America, or by the American Red

20. See § 36.2, infra. 5. See § 41.6, infra. 1. See § 42.43, infra. 6. H.J. Res. 236 ( on the Dis- 2. Id. trict of Columbia). 3. See § 36.3, infra. 7. 91 CONG. REC. 9911, 79th Cong. 1st 4. See 5 Hinds’ Precedents § 5824. Sess., Oct. 22, 1945.

8970 AMENDMENTS AND THE GERMANENESS RULE Ch. 28 §36

Cross, on a basis which does not result MR. RANDOLPH: Mr. , I make in the receipt of rent or income to the the point of order that the amendment owner thereof within the meaning of is not germane to this legislation. We section 2 of the act of December 24, are only concerned in providing for the 1942 (56 Stat. 1089), shall not operate Red Cross in connection with condi- to terminate the tax exempt status of tions that arose during the war while such property if exempted from tax- a Government agency used the facili- ation prior to such use and occu- pancy.... ties rent free. Frankly, the gentleman from West Virginia will not allow this The purpose of the bill was indi- District of Columbia legislation to be- cated as follows: come involved in the subject matter of MR. [JENNINGS] RANDOLPH [of West the amendment offered by the gen- Virginia]: . . . This is merely to correct tleman from Wisconsin.... a technicality. Although the District of In defense of the amendment, Columbia Code exempts . . . property belonging to various institutions, asso- the proponent stated, as follows: ciations, societies, etc., when the latter MR. [ANDREW J.] BIEMILLER [of Wis- use and occupy their respective prop- consin]: On the point of order, Mr. erties, the Commissioners of the Dis- Speaker, may I say that the bill deals trict have held that when such institu- tions furnish space to the Government with the question of tax-exempt prop- gratuitously the exemption ceases erty in the District of Columbia and since such property is not then ‘‘used furthermore deals with an organization and occupied’’ by the owner to whom which has been chartered by the Con- the exemption is granted.... gress, the American Red Cross. My The following amendment was amendment deals with those same cat- egories, tax-exempt property and an (8) offered to the bill: organization that has been chartered Amendment offered by Mr. by the Congress of the United States. Biemiller: On page 2, following line 17, (9) add a new section as follows: The Speaker, in ruling on the point of order, stated: That the property situated in square one hundred and seventy- This bill provides only for Govern- three in the city of Washington, Dis- ment-chartered organizations that trict of Columbia . . . occupied by the Daughters of the American Revo- have given their facilities to the Gov- lution, shall no longer be exempt ernment of the United States during from taxation, as heretofore provided the war period. The amendment of- [by law] and that the said exemption fered by the gentleman from Wisconsin . . . is . . . repealed. would make an absolute repeal of law A point of order was raised on the statute books and therefore is against the amendment, as fol- not germane. The Chair sustains the lows: point of order.

8. Id. at p. 9912. 9. Sam Rayburn (Tex.).

8971 Ch. 28 §36 DESCHLER-BROWN PRECEDENTS

Bill Amending Law as to The Chairman,(12) in ruling on Transfer of Rice Acreage Al- the point of order, stated: lotments—Amendment To Re- According to section 2949, volume 8, peal Law Cannon’s Precedents of the House of Representatives, I read: § 36.2 To a bill amending a sin- To a bill amending a law in one gle aspect of that agricul- particular, an amendment repealing tural law relating to the the law is not germane. transfer of rice acreage allot- The Chair rules that the amendment ments, an amendment to re- is not germane. peal the entire provision of Bill To Amend Reclamation law regulating such transfers Act: Amendment Striking was ruled out as not ger- Part of Section of Bill—Sub- mane. stitute Repealing Law In the 88th Congress, a bill (10) was under consideration relating § 36.3 To an amendment pro- to the transfer of rice acreage al- posing to strike out part of a lotments. An amendment as de- section of a bill, thereby scribed above was offered by Mr. amending existing law, a Paul Findley, of Illinois: (11) substitute proposing to Mr. Paul C. Jones, of Missouri, strike out the entire section having raised the point of order and to repeal the existing that the amendment was not ger- law is not germane. mane to the bill, Mr. Findley stat- In the 80th Congress, a bill (13) ed: was under consideration amend- Mr. Chairman, the title of the bill ing certain provisions of the Rec- makes it clear that it is to amend the lamation Act of 1939. An amend- provisions of the Agricultural Adjust- ment striking a specified part of ment Act of 1938, as amended, relating the bill was offered by Mr. Ben F. to the transfer of producer rice allot- Jensen, of Iowa,(14) who indicated ments. The amendment that I have of- fered simply changes the subsection that the purpose of the amend- which is a part of the section dealing ment was to insure that the Sec- with the transfer of producer rice acre- retary of the Interior not be given age allotments. 12. Clifford Davis (Tenn.). 10. H.R. 3742 (Committee on Agri- 13. H.R. 2873 (Committee on Public culture). Lands). 11. 110 CONG. REC. 423, 88th Cong. 2d 14. See 94 CONG. REC. 403, 80th Cong. Sess., Jan. 14, 1964. 2d Sess., Jan. 21, 1948.

8972 AMENDMENTS AND THE GERMANENESS RULE Ch. 28 §36 excessive authority with respect to to the Congress the power to deter- undertaking certain construction mine whether these projects shall be projects. Mr. Gordon L. feasible and shall be initiated.... McDonough, of California, speak- The following exchange occurred ing in support of the amendment, with respect to the precise effect discussed its purpose as fol- of the Jensen amendment: (16) (15) lows: MR. JENSEN: This amendment takes . . . I want to read the section of the nothing away from the weight and ef- bill that this amendment will strike fect of the present law, specifically re- out, so that those who have any doubts ferring to section 9 of the Reclamation about the authority that the Secretary Act. It leaves that intact but simply of the Interior now has under the provides and assures us that no addi- present Reclamation Act may under- tional authorization and power will be stand what this amendment would do given to the Secretary of the Interior to to correct that. The section that this authorize more projects. amendment strikes out begins on line MR. [FRANK A.] BARRETT [of Wyo- 11, page 6, and reads as follows: ming]: I am very much afraid that the gentleman is entirely mistaken be- If the proposed construction is found by the Secretary to have engi- cause existing law provides for all of neering feasibility and if the repay- the elements that are outlined on page able and returnable allocations to ir- 6, from line 11 to the bottom of the rigation, power, and municipal water page. That is in existing law at the supply or other miscellaneous pur- present time and you are repealing it. poses found by the Secretary to be proper pursuant to subdivisions (3), A was (4), (5), and (6) hereof, together with then offered, as follows: any allocation to flood control or navigation made under subsection MR. [FOREST A.] HARNESS of Indi- (b) of this section, and together with ana: Mr. Chairman, I offer a substitute any allocation made pursuant to sub- division (7) hereof, which shall be for the pending amendment. nonreimbursable and nonreturnable, The Clerk read as follows: equal the total estimated cost of con- Substitute amendment offered by struction as determined by the Sec- Mr. Harness of Indiana to the retary, then the new project, new di- amendment offered by Mr. Jensen: vision of a project, or supplemental On page 4, line 15, to page 7, line works on a project, covered by his 15, delete all and substitute ‘‘Section findings, shall be deemed authorized 9 (a) of the Reclamation Act of 1939 and may be undertaken by the Sec- is hereby repealed.’’ retary. The following proceedings then Evidently that is a repetition of what is now in the 1939 Reclamation Act as took place with respect to a ques- far as authority is concerned. This tion as to the propriety of the amendment amends that out and gives Harness amendment:

15. Id. at p. 404. 16. Id. at p. 405.

8973 Ch. 28 §36 DESCHLER-BROWN PRECEDENTS

THE CHAIRMAN: (17) I will say to the that provision rather than repeal- gentleman from Indiana that is not a ing it may be germane; but the substitute for the Jensen amendment. The Jensen amendment applied only to modification must relate to the ( ) the section at the bottom of page 6 of provision of law being repealed. 19 the bill. Thus, where a bill seeks to repeal MR. HARNESS of Indiana: It is the a provision of existing law, an same section that I am striking out by my amendment. amendment proposing modifica- MR. [FRANCIS H.] CASE of South Da- tion of that law may be held ger- kota: Mr. Chairman, I make a point of mane (20) or not germane,(1) de- order against the substitute amend- pending on whether the amend- ment. ment relates specifically to the THE CHAIRMAN: The gentleman may offer his amendment after the Jensen fundamental purpose of the bill amendment is disposed of.... and to the provision of law being MR. HARNESS of Indiana: Mr. Chair- repealed by the bill. man, the Jensen amendment proposes To a bill consisting of two sec- to strike out, beginning on page 6, line tions, the first stating the title of 11, all of that section down to line 25 and add the word ‘‘a.’’ My amendment the bill, the second repealing a strikes out that same section and also narrow provision of an existing provides for the repeal of the same sec- act, an amendment inserting a tion which is in the 1939 act. statement of congressional policy THE CHAIRMAN: The Chair must hold that the amendment is not germane to applicable not only to the pending the Jensen amendment. The gentle- bill but to the administration of man’s amendment can be offered after the whole act is not germane.(2) the Jensen amendment is disposed of.

National Labor Relations Act § 37. Amendments to Bills Which Repeal Existing § 37.1 To a bill repealing a pro- Law vision of existing labor law, thereby depriving the states To a bill repealing several sec- of the power to prohibit tions of an existing law, an ‘‘closed shop contracts,’’ an amendment proposing to repeal amendment modifying the the entire law may be germane.(18) provision of law, to permit Where a bill a provision of law, an amendment modifying 19. See § 37.8, infra. 20. See § 37.13, infra. 17. George A. Dondero (Mich.). 1. See §§ 37.1, 37.2, 41.1–41.4, infra. 18. See § 37.4, infra. 2. See § 37.9, infra.

8974