without discrimination. . . . The chairman . . . Mr. Walter, of Pennsylvania

held the amendment germane upon the ground, "that the amendment offered by the gentleman from New York is restricted to any title of this act and is specific in the opinion of the Chair."

The Chairman,(15) in ruling on the point of order, stated:(16)

The Chair is of the opinion that the subject matter of the amendment comes within the jurisdiction of the Committee on Foreign Affairs, and not the Committee on Armed Services which reported the bill now before the Committee.

The Chair refers the Committee to a decision by Chairman Metcalf, of Montana, in the 85th Congress. The bill then under consideration authorized the sale or loan of certain vessels to friendly foreign nations. It had been reported by the Committee on Armed Services. The amendment on which the Chair was called upon to rule provided that no vessels could be made available under the act unless the recipient country agreed to waive criminal jurisdiction over troops of the United States stationed therein-an amendment which clearly called for diplomatic negotiations with the foreign nations involved.

In holding the amendment not germane, the Chair stated that it consisted of an unrelated matter under the jurisdiction of the Committee on Foreign Affairs-Congressional Record, volume 103, part 6, page 7272....

15. Daniel D. Rostenkowski (Ill.). 16. 113 CONG. REC. 5141, 90th Cong. 1st Sess., Mar. 2, 1967.

The Chair, applying one of the accepted tests for germaneness, is of the opinion that the amendment is essentially on a "subject other than that under consideration" and is not germane to the bill under consideration. The Chair therefore sustains the point of order.

Foreign

Assistance-Restrictions Affecting Grain Used to Produce Distilled Spirits

§ 30.7 To a bill authorizing an appropriation for foreign relief, an amendment providing that no part of the funds to be appropriated or advanced shall be used to furnish grain to the peoples of certain countries "as long as grain is used in such countries for the production of distilled spirits for spirits for beverage purposes" was held to be ger

mane.

In the 80th Congress, during consideration of a bill(17) providing for aid to foreign countries, an amendment was offered(18) as described above. Mr. John M. Vorys, of Ohio, raised the point of order that the amendment was not germane to the section or to the bill. The Chairman(19) overruled the point of order.

17. H.R. 4604 (Committee on Foreign Affairs).

18. 93 CONG. REC. 11272, 80th Cong. 1st Sess., Dec. 10, 1947.

19. Earl C. Michener (Mich.).

United Nations Relief and Rehabilitation Organization-Proposed Audit

§30.8 To a bill to enable the United States to participate in the work of the United Nations Relief and Rehabilitation Organization, and authorizing an appropriation for such purpose, an amendment was held to be not germane which proposed that the Appropriations Committee of the House employ an auditor to examine the books and files pertaining to expenditures made by the organization from funds appropriated in accordance with the authorization, and report thereon to such committee.

In the 78th Congress, during consideration of a bill(20) to enable the United States to participate in the United Nations Relief and Rehabilitation Organization, an amendment was offered(1) as follows:

MR. [BENTON F.] JENSEN [of Iowa]: Mr. Chairman, I offer an amendment. The Clerk read as follows:

On page 15, after line 3, insert the following:

"The Appropriations Committee of the House of Representatives shall

20. H.J. Res. 192 (Committee on Foreign Affairs).

1. 90 CONG. REC. 683, 78th Cong. 2d Sess., Jan. 25, 1944.

employ an experienced auditor and other necessary personnel whose duty it shall be to examine the books, files, papers, and accounts of U. N. R. R. A. and all official documents pertaining to expenditures made by U. N. R. R. A. from funds appropriated in accordance with this authorization. Said auditor shall make a comprehensive report of same to the full Committee of Appropriations quarterly, or at such other times as said committee may direct." A point of order was raised against the amendment, as follows:

MR. [JOHN J.] COCHRAN [of Missouri]: Mr. Chairman, I make the point of order against the amendment that it is not germane to the joint resolution.

The resolution .. authorizes the expenditure of money for the United Nations relief and rehabilitation organization to be handled . . . by the State Department. This amendment seeks to give a legislative committee of this House the power to employ an experienced auditor and other necessary personnel to examine the books, files, papers, and so forth, of U.N.R.R.A. As I understand the resolution, it requires a report to the Congress. The Committee on Appropriations has control over the appropriations. This is simply an authorization. If it is desired to place any limitations upon the appropriations, they should be on that bill, not this resolution.

The Chairman (2) sustained the point of order.(3)

2. Emmet O'Neal (Ky.).

3. 90 CONG. REC. 684, 78th Cong. 2d Sess., Jan. 25, 1944.

Emergency Relief Bill-Prohibition on Discrimination Based on Union Membership

§ 30.9 To that part of an emergency relief bill stating certain criteria affecting eligibility of applicants for relief or for employment on government projects, an amendment prohibiting, in the distribution of funds authorized by the act, any discrimination on account of union membership or nonmembership was held to be germane.

In the 75th Congress, the Emergency Relief and Public Buildings Bill(4) was under consideration, which stated in part:(5)

Sec. 10. In the employment of persons on projects under the appropriations in this title, applicants in actual need whose names have not heretofore been placed on relief rolls shall be given the same eligibility for employment as applicants whose names have heretofore appeared on such rolls: Provided, That . . . no relief worker shall be eligible for employment on any project of the Works Progress Administration who has refused to accept employment on any other Federal or nonFederal project at a wage rate comparable with or higher than the wage rate established for similar work on projects of the Works Progress Administration...

4. H.J. Res. 679 (Committee on Appropriations).

5. 83 CONG. REC. 6808, 75th Cong. 3d Sess., May 12, 1938.

An amendment was offered which sought to add a provision stating:(6)

Provided further, That in the distribution of the funds appropriated or authorized by this act, no discrimination shall be made because of membership or nonmembership in any union or organization.

A point of order was raised against the amendment, as follows:

MR. [CLIFTON A.] WOODRUM [of Virginia]: Mr. Chairman, I make the point of order that that is not germane to this section. Section 19 deals with that subject matter.

The Chairman,(7) in ruling on the point of order, stated:

. . Section 10 relates to the employment of persons on projects under appropriations in this title and .. covers in a broad way the applicants who are eligible for employment by W.P.A. The gentleman from Virginia [Mr. Woodrum] has called to the attention of the Chair the provisions of section 19, and the gentleman from New York [Mr. Taber] has called to the attention of the Chair that section 19 is of a penalty nature. . . . The amendment of the gentleman from Michigan has no relation as the Chair sees it to the penalty provisions of section 19, and, if germane, would have to have some relationship to the employment of persons on projects under the appro

6. Id. at p. 6812.

7. John W. McCormack (Mass.).

priations in this title as contained in section 10....

In the opinion of the Chair [the amendment] is a direction to the Works Progress Administrator in relation to the appointment of persons on projects under the appropriations in this title. The Chair feels that the amendment is germane. . .

Discrimination in Sale of Housing-Basis for Withholding Funds

§ 30.10 To a substitute for a committee amendment to a housing bill, an amendment was held germane which sought to give the Federal Housing Administrator authority to withhold financial aid under any title of the substitute unless written assurances were received from the recipients of such aid that the property on account of which the aid was to be given would be available for sale or occupancy without discrimination.

In the 86th Congress, during consideration of the Housing Act of 1959, (8) the following amendment was offered to a substitute(9) for a committee amendment:(10)

8. S. 57 (Committee on Banking and Currency).

9. The substitute to the committee amendment was language of H.R. 7117.

10. 105 CONG. REC. 8654, 86th Cong. 1st Sess., May 20, 1959.

Amendment offered by Mr. [Adam C.] Powell [Jr., of New York] to the amendment offered by Mr. [Albert S.] Herlong [Jr., of Florida]: Add a new title as follows:

TITLE VIII-NONDISCRIMINATION

Sec. 1007. No . . . assistance authorized under any title of this Act shall be given or made . . . unless the recipient and beneficiary of such assistance gives assurance in writing that the property for which the... commitment is to be given or made shall be available for sale, lease or occupancy without regard to the race, creed, or color of the purchaser, lessee or occupant. . . .

A point of order was raised against the amendment, as follows:

MR. [WILLIAM M.] COLMER [of Mississippi]: Mr. Chairman, I raise the point of order that the amendment is not germane because it is too general in its nature, it is not specific in applying to any particular provision.

The Chairman,(11) in ruling on the point of order, stated:

The Chair is ready to rule.

The amendment offered by the gentleman from New York [Mr. Powell] is restricted to any title of this act and is specific, in the opinion of the Chair.

Therefore the point of order is overruled.

Scholarships to Medical SchoolsRequirements for Eligibility

§ 30.11 To a bill providing for scholarships, an amendment re

11. Francis E. Walter (Pa.).

lating to requirements for eligibility for such scholarships was held to be germane.(12)

§ 30.12 To a bill making grants to medical schools to be used for student scholarships, an amendment establishing a National Commission on Medical, Dental, and Optometric Scholarships to prepare and evaluate national examinations for purposes of testing qualifications of scholarship applicants was held to be germane.

In the 89th Congress, during consideration of the Health Professions Educational Assistance Act of 1965,(13) an amendment was offered(14) as described above. The amendment prohibited the award of scholarships to those not deemed qualified, and further required as a condition of receiving a scholarship that the recipient serve for one year in designated geographic areas. A point of order was raised against the amendment, as follows:

MR. [OREN] HARRIS [of Arkansas]: . . . The gentleman's amendment sets up an entirely different program, apart from any program that we have, an en

12. 111 CONG. REC. 22475, 89th Cong. 1st Sess., Sept. 1, 1965. See § 30.12, infra. 13. H.R. 3141 (Committee on Interstate and Foreign Commerce).

14. 111 CONG. REC. 22475, 89th Cong. 1st Sess., Sept. 1, 1965.

Conditions on Payment of Agricultural Subsidies-Compliance With Specified Provisions of Law

§ 30.13 To that title in an omnibus agriculture bill establishing an annual ceiling on subsidy payments to producers of cotton, wheat, and feed grains, an amendment was held to be not germane which sought to make such payments conditional upon compliance with the minimum wage provisions of another act and with applicable health and safety laws.

In the 91st Congress, during consideration of the Agricultural

15. Martha W. Griffiths (Mich.).

16. 111 CONG. REC. 22476, 39th Cong. 1st Sess., Sept. 1, 1965.