Appropriation Bills

CHAPTER 25

Appropriation Bills

A. Introductory Matters; Authorization of Appropria- tions § 1. Scope of Chapter § 2. Requirement That Appropriations Be Authorized § 3. Reappropriations § 4. Appropriations in Legislative Bills § 5. Contingent Fund Expenditures

B. Reporting and Consideration of Appropriation Bills § 6. Generally; Privileged Status § 7. Nonprivileged Appropriations—‘‘Continuing’’ Ap- propriations § 8. Consideration Made in Order by Special Rule or Unanimous Consent § 9. Waiver of Points of Order—by Resolution § 10. General Appropriation Bills Considered by Unani- mous Consent § 11. Consideration and Debate; Amendments § 12. Points of Order; Timeliness § 13. House-Senate Relations

Commentary and editing by David Bird, J.D., and John Darrouzet, J.D.

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Authorization of appropriations Conferees—Cont. appropriation measure, language of, as House and Senate as to, § 13.6 authorization, §§ 2.5, 2.6 Senate amendments providing for ap- ‘‘authorized by law,’’ purposes, effect of propriations in legislative bills, duty language limiting appropriations to, of conferees as to, §§ 13.7–13.12 §§ 2.17–2.20 Conference report court judgment as, § 2.2 concurrent resolution, amendment of executive order as, §§ 2.3, 2.4 items not in disagreement made by, general grant of authority as author- § 13.19 izing specific project, § 2.11 waiver of points of order against, implied, for necessary or incidental ex- § 13.17 penses, § 2.10 Confirmation, Senate, of appointees as prerequisite to appropriation increasing appropriation within au- for salaries, § 2.9 thorized limits, §§ 2.13–2.16 Constitutional rights of House in ini- ‘‘miscellaneous expenses,’’ appropria- tiation of revenue and appropriation for, as authorized, § 2.12 tion bills, § 13.1 ‘‘not less than’’ certain amount, lan- Contingent fund expenditures guage authorizing appropriation of, layover requirement as applied to reso- held not to be appropriation, § 4.34 lution, § 5.1 prior appropriation measure, language privileged, resolution as, §§ 5.1, 5.2 in, as authorization, §§ 2.5, 2.6 surplus funds, transfer of, § 5.3 reappropriations of unexpended bal- Continuing appropriations ances, see Reappropriations of unex- privileged, not reported as, § 7.2 pended balances use of, § 7.1 refusal to appropriate for authorized Court judgment as authorization, purpose, § 2.1 § 2.2 Senate amendments, see Senate Debate, consideration and amendments close debate, motion to, § 11.1 specific project authorized by general House as in Committee of the Whole, grant of authority, § 2.11 §§ 11.5, 11.6 subsequent enactment of authoriza- reading bills for amendment, see Read- tion, § 2.21 ing bills for amendment total amount authorized, amendment Senate amendments, § 11.2 increasing appropriation to, § 2.16 suspension of the rules, § 11.7 Certification of court judgment to terms of, §§ 11.3, 11.4 Congress as prerequisite to Enrollment, changes or corrections apropriation, § 2.2 in, §§ 11.29, 13.19 Conferees Executive order as authorization, appointed for separate chapters of ap- §§ 2.3, 2.4 propriation bill, §§ 13.4, 13.5 General appropriation bills, privi- chairman, selection of, agreement be- leged status applicable only to, tween Appropriation Committees of §§ 7.2–7.4, 7.6

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General grant of authority as au- diversion of funds to new purposes, thorizing specific project, § 2.11 §§ 4.4–4.9, 4.12, 4.13 Germaneness rule applicable to ap- emergency fund, amendment providing propriation bills, § 11.10 for, § 4.25 Implied authorization for necessary exports, future, provision for use of for- or incidental expenses, § 2.10 eign currency proceeds from, § 4.44 Increasing appropriation within au- farm loans, amendment authorizing, thorized limits, amendments, § 4.37 §§ 2.13–2.16 fees or receipts of agency, allocation of, Judgment of court as authorization, §§ 4.16–4.19 § 2.2 foreign credits, additional use of, § 4.23 Legislative bills, appropriations in generally, prohibition against, § 4.1 foreign credits, amendment providing for use of, for new purpose, § 4.31 advances from Treasury directed to be made ‘‘when appropriated,’’ § 4.38 foreign currency, excess, use of, § 4.22 allocation of agency’s receipts, §§ 4.16– foreign currency proceeds from future 4.19 exports, provision for use of, § 4.44 allocation of excess foreign currency, guaranteeing agencies authorized to § 4.22 use funds ‘‘heretofore’’ approved, allocation of funds to other agencies to § 4.27 assist in carrying out purposes of Immigration and Naturalization Serv- act, § 4.36 ice, amendment providing for allocation of money repaid from loans, expenditures from funds appropriated § 4.21 for, relating to detention of illegal allocation of proceeds of sale, § 4.20 aliens, § 4.29 amendments to legislative bills, gen- interest paid to United States by India, erally, § 4.24 amendment providing for expendi- Area Redevelopment Fund, reconsti- ture of, § 4.28 tuted appropriations authorized for, loan repayments, use or allocation of, §§ 4.45, 4.46 §§ 4.21, 4.46 conferees, duty of, as to appropriations membership in international organiza- contained in Senate amendments, tion, language authorizing President §§ 13.7–13.12 to accept, as not involving appropria- Corps of Engineers, amendment per- tion, § 4.42 mitting use of appropriations ‘‘here- Mutual Security Agency, funds ‘‘heretofore or hereinafter made’’ by, § 4.33 tofore’’ appropriated for, amendment definition of ‘‘appropriation’’ as ‘‘pay- providing for use of, § 4.30 ment of funds from the Treasury’’, ‘‘not less than’’ certain amount, lan- § 4.40 guage authorizing appropriation of, definition of ‘‘appropriation’’ discussed, held to be authorization, § 4.34 generally, § 4.43 portion of bill subject to point of order, ‘‘directed,’’ Secretary of Treasury au- § 4.2 thorized and, to purchase notes and public debt issues, loans authorized to obligations, § 4.43 be made from proceeds of, § 4.43

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public debt transaction financing, Sen- Points of order ate ruling on, § 4.47 legislative bill, points of order against reappropriations as, §§ 4.4–4.7, 4.10, appropriation language included in 4.11, 4.35 conference report, § 13.12 receipts, allocation of, §§ 4.16–4.19 precedence of, over amendments, § 12.3 sale, allocation of proceeds of, § 4.20 pro forma amendment, precedence of same or related purposes, unobligated point of order over, § 12.3 funds previously appropriated for, recognition, priority in, § 12.4 §§ 4.10–4.13 reservation of, prior to referral of bills school construction, amendment pro- to Committee of the Whole, §§ 12.1, viding for payment of allotments to 12.2 states for, from tax receipts, § 4.32 Senate bills, appropriations contained Senate ruling on public debt trans- in, § 13.16 action financing, § 4.47 timeliness, see Timeliness of points of order special accounts for special purposes, language directing deposit of tax pro- two consecutive paragraphs, points of order against, made by unanimous ceeds in, § 4.39 consent, § 12.5 tax receipts, amendment providing for waiver of, against conference report, payment of allotments to states § 13.17 from, for school construction, § 4.32 Prior appropriation measure, lan- transfer of fund to new purposes, guage in, as authorization, §§ 2.5, §§ 4.4–4.9, 4.12, 4.13 2.6 Treasurer directed or authorized to use Privileged status of appropriation funds or make payments, §§ 4.14, bills 4.15 adjourn, motion to, automatic rollcall Treasury account, provision for pay- on motion to go into committee of ment into, of unused appropriations, the Whole after rejection of, § 6.2 § 4.41 agreement giving appropriation bill Treasury, payment of funds from, ‘‘ap- privilege over other privileged mat- propriation’’ defined as, § 4.40 ter, § 6.1 unemployment benefits, amendment consideration, question of, determined directing payments to states on ac- by House, § 6.2 count of, § 4.26 continuing appropriations not privi- unexpended appropriations, provision leged, § 7.2 requiring payment into Treasury ac- general appropriation bills, privilege count of, § 4.41 applicable only to, §§ 7.2–7.4, 7.6 unobligated funds previously appro- reduction in appropriations, bill propriated for same or related purposes, viding for, § 7.6 §§ 4.10–4.13 relative privilege, § 6.1 waiver of points of order, § 4.3 supplemental appropriations not privi- ‘‘Miscellaneous expenses,’’ appro- leged, § 7.4 priation for, as authorized, § 2.12 Projects or purposes authorized by law, Necessary or incidental expenses as effect of language expressly limiting impliedly authorized, § 2.10 appropriations to, §§ 2.17–2.20

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Reading bills for amendment Reappropriations of unexpended increasing funds in bill, when per- balances —Cont. mitted, §§ 11.16–11.18 transfer of funds, § 3.9 paragraph, general appropriation bills works in progress, for, § 3.15 considered by, §§ 11.8, 11.9 Recognition, priority in, to make paragraph not yet read, effect of points of order, § 12.4 amendment relating to, § 11.12 Recommittal of bill with instructions paragraph, previous line in amend- amendments previously adopted by ment affecting, § 11.14 House, changes not permitted in, passed, when paragraph considered as, § 11.26 § 11.11 Committee of the Whole, motion rec- points of order, timeliness of, see Time- ommending recommittal made in, liness of points of order § 11.22 separate votes in House on amend- deficiency appropriation bill, § 11.24 ments, § 11.21 inconsistent motions in Committee of stricken, language previously, amend- the Whole, § 11.22 ment containing, § 11.15 procedure upon reporting bill back substitute, amendment in nature of, with amendment, § 11.23 §§ 11.19, 11.20 prohibition on use of appropriations, unanimous consent, amendment of- §§ 11.27, 11.28 fered by, to paragraph passed in reduction of total appropriation, in- reading, § 11.13 structions as to, §§ 11.25, 11.26 Reappropriations of unexpended scope of instructions, § 11.26 balances Reduction of total appropriation, re- generally, as prohibited, §§ 3.1–3.5 committal of bill with instructions effecting, §§ 11.25, 11.26 authorization by statute as superseded Refusal to appropriate for author- by later rule, § 3.6 ized purpose, § 2.1 authorization by statute as super- Repeal of prior authorization, § 2.22 seding rules, §§ 3.7, 3.8 Reported, authorization enacted authorization, lack of, for project as after bill has been, § 2.21 barring reappropriation prior to rule Salaries, appropriations for, as de- prohibiting reappropriations, § 3.14 pendent on Senate confirmation of Holman Rule not applicable, § 3.10 appointees, § 2.9 legislative bills, prohibition under rule Scope of general authorization, spe- against appropriations in, §§ 4.4–4.7, cific project as within, § 2.11 4.10, 4.11 Senate amendments Legislative Reorganization Act of 1946, appropriations in legislative bills, duty enactment of prohibition in, rulings of conferees as to, §§ 13.7–13.12 prior to, §§ 3.12–3.15, 4.35 recede, motion to, agreed to in Senate, limitation, amendment prohibiting ex- § 13.2 penditures ‘‘so long as’’ prior appro- reference of bill with Senate amend- priations unexpended held to be per- ments to Committee on Appropria- missible as, § 3.11 tions, § 13.3

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Senate amendments —Cont. Supplemental appropriations —Cont. scope of House amendments to, waiver of points of order against provi- §§ 13.13–13.15 sion, § 9.1 unauthorized expenditures, Senate waiver of points of order against spe- amendment containing, perfection by cific paragraph, § 9.6 House of, §§ 13.13, 13.14 waiver of points of order by unanimous Senate bill consent, § 10.1 point of order in House against appro- waiver of three-day availability re- priations in, § 13.16 quirement, §§ 10.2, 10.3 point of order, language in Senate bill Suspension of rules for matters not stricken pursuant to, in Committee in disagreement between the of the Whole, § 12.18 Houses, § 13.18 Special rule making consideration of Suspension of rules, passage of cer- bill in order tain provisions under, § 11.7 closed rule, modified, form of, § 8.1 Timeliness of points of order continuing appropriations considered amendments, point of order too late in House as in Committee of the after consideration of, §§ 12.10, 12.11 Whole, § 8.4 amendments, points of order against, debate on, § 8.6 § 12.13 deficiency appropriation bill, § 8.3 appropriations in legislative bills, previous question on special rule, rejec- points of order against, §§ 12.14– tion of, § 8.6 12.18 rejection of special rule providing for considered as read, points of order consideration of continuing appro- where bill has been, § 12.12 priation, § 8.5 debate on paragraph, point of order temporary appropriations, § 8.1 made before, § 12.9 waiver of points of order against defi- ‘‘general’’appropriation bill, point of ciency appropriation bill, § 8.3 order that bill is not, § 12.6 waiver of points of order against general appropriation bill, § 8.2 legislative bill, appropriation language contained in conference report on, Specific approval of project or expenditure, effect of law requiring, § 13.12 §§ 2.7, 2.8 passed, point of order that paragraph Specific project as authorized by has been, § 12.7 general grant of authority, § 2.11 reading of paragraph, point of order Subsequent enactment of authoriza- made after, §§ 12.8–12.11 tion, § 2.21 Total amount authorized, amend- Supplemental appropriations ment increasing appropriation to, House as in Committee of the Whole, § 2.16 consideration in, §§ 11.5, 11.6 Unanimous consent, consideration of privileged, not reported as, § 7.4 appropriation bills by requests for consideration of, § 7.5 any time, consideration at, § 8.20 unanimous consent, consideration by, continuing appropriations, §§ 8.7–8.10, § 10.1 8.12, 8.16–8.20

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Unanimous consent, consideration of Waiver of points of order by resolu- appropriation bills by —Cont. tion —Cont. general appropriation bills have been committee amendments, points of considered by, §§ 10.1–10.3 order against, § 9.7 House as in Committee of the Whole, conference report, points of order consideration in, § 8.7 against, § 13.17 immediate consideration, § 8.21 month, consideration during current, debate, general, waiver agreed to after, § 8.19 § 9.1 reporting bill as nonprivileged, effect deficiency appropriation bill, § 8.3 of, § 8.8 general appropriation bill, § 8.2 special rule superseded, § 8.14 legislative language specifically made specified day, consideration on, § 8.9– 8.14 in order, § 9.3 supplemental appropriations, §§ 8.7, paragraph, specified, excepted from 8.11, 8.13, 8.14 waiver, § 9.2 three-day availability requirement paragraph, specified, of supplemental waived, §§ 8.15, 10.2, 10.3 appropriation bill protected, § 9.6 waiver of three-day rule, §§ 8.15, 10.2, 10.3 paragraph, specified, points of order week, following, consideration during, waived as to, § 9.6 §§ 8.17, 8.18 three-day availability requirement week, same, consideration during, waived, § 9.4 § 8.16 title, specified, points of order against, Waiver of points of order by resolution § 9.8 bill or provisions, points of order West front extension, law requiring against, § 9.5 specific approval of, § 2.7

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A. INTRODUCTORY MATTERS; AUTHORIZATION OF APPROPRIATIONS § 1. Scope of Chapter Dicussion of referral of bills to committees is accordingly to be This chapter discusses consider- found in that chapter, although ation of appropriation bills on the additional related precedents may floor, beginning with procedures be found in the chapter on intro- for reporting and calling up such duction and reference of bills.(4) It bills.(1) The requirement that ap- may be noted for present purposes propriations contained in general that the Committee on Appropria- appropriation bills must have tions has jurisdiction over all gen- been previously authorized by law eral appropriation bills. is discussed in a general way; but Similarly, issues related to com- detailed treatment of the prohibi- mittee hearings and various over- tion against unauthorized appro- sight functions of the Committee priations and legislation on gen- on Appropriations are to some ex- eral appropriation bills is to be tent covered in the chapter on found in a separate chapter.(2) committees; procedures and issues Matters relating to the duties, that have developed too recently prerogatives, and jurisdiction of for inclusion in this edition will be the Committee on Appropriations taken up in supplements to this are discussed in the chapter on edition as they appear. Accord- committees of the House.(3) ingly, the general oversight re-

1. For earlier treatment of the subject constitutional stricture (see art. I § 8 matter of this chapter, see 4 Hinds’ clause 12) that no appropriation of Precedents §§ 3553–3700; 7 Cannon’s money ‘‘to raise and support armies’’ Precedents §§ 1116–1331, 1571–1578. shall be for a longer term than two 2. Ch. 26, infra. years. Matters relating to the powers 3. Ch. 17, supra. Similarly, this chapter and prerogatives of the House, gen- does not treat in any detail the var- erally, including House authority ious powers and prerogatives of the with respect to revenue and appro- House, including any constitutional priation measures, are treated in Ch. restrictions affecting appropriations 13, supra. for particular purposes, such as the 4. Ch. 16, supra.

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sponsibilities of the committee the amount of new spending au- with respect to conducting studies thority to be effective for a fiscal and examinations of the organiza- year. Its responsibilities extend to tion and operation of executive de- measures reported by other com- partments and agencies are not mittees which exceed the appro- discussed at length here. More- over, the hearings on the budget priate allocation of new budget as a whole which are conducted authority contained in the latest by the committee in open session concurrent resolution on the budg- within 30 days of submission of et for the fiscal year (the resolu- the budget are not covered in any tion setting forth, among other detail in this chapter. things, appropriate levels of budg- In particular, procedures under et outlays and of total new budget the Congressional Budget Act of 1974, and the impact of such act authority). on the congressional budget proc- New provisions also require the ess and on the role of the Com- Committee on Appropriations (to mittee on Appropriations, are nec- the extent practicable), before re- essarily given only limited treat- porting the first regular appro- ment in this edition. A summary priation bill for the fiscal year, to of the act’s major provisions can complete subcommittee markup be found in the chapter on the and full committee action on all powers and prerogatives of the House.(5) regular appropriation bills for At this point, it is clear that the that year, and to submit to the impact of the Congressional Budg- House a summary report com- et Act on the appropriations proc- paring the committee’s rec- ess and on the responsibilities of ommendations with provisions of the Committee on Appropriations the latest concurrent resolution on will be considerable. For example, the budget.(6) the committee is given certain responsibilities with respect to re- 6. For further discussion of the above scissions of appropriations, trans- provisions, see materials contained fers of unexpended balances, and in the latest edition of the House Rules and Manual, and supplements 5. Ch. 13, supra. See House Rules and to this edition of Deschler’s Prece- Manual §§ 1007–11 (1981) for provi- dents. See also the summary of sions from the Congressional Budget Budget Act provisions in Ch. 13, Act. supra.

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§ 2. Requirement That Ap- ures.(9) Of course, the House may propriations Be Author- decline to appropriate funds for ized particular purposes, even though authorization has been given for (10) The Constitution (7) states: ‘‘No such purposes. money shall be drawn from the The enactment of authorizing Treasury, but in consequence of legislation must occur prior to, appropriations made by law.’’ Ap- and not following, the consider- propriation bills are the device ation of an appropriation for the through which money is permitted proposed purpose. Thus, delaying to be ‘‘drawn from the Treasury’’ the availability of an appropria- for expenditure. tion pending enactment of an au- But before a general appropria- thorization will not protect that tion bill may appropriate funds for appropriation against a point of ( ) particular purposes, such pur- order. 11 A bill violates the intent poses must be authorized by law. of the requirement if it permits a Thus, an appropriation for a portion of a lump sum—unauthor- project or activity not authorized ized at the time the bill is being by law is not in order on a general considered—to subsequently be- appropriation bill, and a point of come available without a further order may be made against an ap- 9. Parliamentarian’s Note: It follows, propriation that violates this re- for example, that ‘‘authorizing’’ lan- quirement.(8) guage does not itself constitute ‘‘new It can be seen that every ‘‘au- spending authority’’ which would thorization’’ for an appropriation prohibit the consideration of a bill is only one step in the process by under § 401 of the Congressional Budget Act. Where the provision in which funds ultimately may be- question either impliedly con- come available, since it contemplates further recourse to the ap- templates subsequent action propriations process, or makes ex- through appropriation meas- press reference to the appropriations process when required by § 401, such 7. Art. I § 9 clause 7. consideration is not precluded. (Note: 8. The prohibition against unauthor- The Budget Act is necessarily given ized appropriations and legislation only limited treatment herein; see on general appropriation bills is the remarks in § 1, supra, as to the found in Rule XXI clause 2, House scope of this article.) Rules and Manual § 834 (1981). The 10. See § 2.1, infra. application of this rule is discussed 11. 118 CONG. REC. 14455, 92d Cong. 2d in detail in Ch. 26, infra. Sess., Apr. 26, 1972.

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appropriation upon the enactment tion over propositions of legisla- of authorizing legislation. tion. However, as the authoriza- The ‘‘authorization’’ for an ap- tion process itself became more propriation must ordinarily derive complicated over the years, and as from statute. An executive order, the number of programs requiring for example, does not constitute annual authorization increased, sufficient authorization in the ab- there were frequent instances sence of proof of its derivation where the congressional appro- from a statute enacted by Con- priations process remained gress.(12) On the other hand, suffi- uncompleted at the beginning of a cient ‘‘authorization’’ for an appro- new fiscal year. The rule as cur- priation may be found to exist in rently implemented serves the a treaty that has been ratified by purpose of giving legislative com- both parties; (13) in a resolution of mittees the first opportunity to the House of the same Con- determine and report to both gress; (14) or in legislation con- Houses on priorities within spe- tained in a previous appropriation cific legislative programs and the act which has been allowed to be- conditions under which available ( ) come permanent law. 15 funds may be expended, before An appropriation in excess of the Appropriations Committee the specific amount authorized by recommends allocations of avail- law is in violation of the rule pro- able revenues among various leg- hibiting unauthorized appropria- islative priorities during a given ( ) tions. 16 fiscal year. Procedures under the The rule prohibiting unauthor- Congressional Budget Act gen- ized appropriations and legislation erally contemplate authorization on general appropriation bills was of expenditures by legislative com- originally intended primarily to mittees as a prior step in the prevent any delay of appropriation budget process. (See, for example, bills that might arise from conten- Congressional Budget Act §§ 301(c) and 402(a).) 12. See 119 CONG. REC. 19855, 93d Cong. 1st Sess., June 15, 1973 (pro- It should be emphasized that ceedings related to H.R. 8619). See the rule applies to ‘‘general appro- also §§ 2.3, 2.4, infra. priation bills.’’ Neither a resolu- 13. See 4 Hinds’ Precedents § 3587. tion providing an appropriation 14. See 4 Hinds’ Precedents §§ 3656– for a single government agency,(17) 3658, 3660. 15. See § 2.5, infra. 17. 108 CONG. REC. 1352, 87th Cong 2d 16. See Ch. 26, infra. Sess., Jan. 31, 1962.

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nor a joint resolution containing Commerce, and Labor appropria- continuing appropriations for di- tions for 1939 (H.R. 9544), an verse agencies (to provide funds amendment was offered as fol- until regular appropriation bills lows: are enacted),(18) is considered a general appropriation bill within Amendment offered by Mr. Tarver: the purview of the rule. In fact, On page 104, after line 25, insert a the restrictions against unauthor- new paragraph, as follows: ized items or legislation in a gen- No part of any appropriation contained in this act for the Immigration eral appropriation bill or amend- and Naturalization Service shall be ex- ment thereto are not applicable to pended for any expense incident to any a joint resolution continuing ap- procedure by suggestion or otherwise, propriations, despite inclusion of for the admission to any foreign coun- diverse appropriations which are try of any alien unlawfully in the not ‘‘continuing’’ in nature.(1) United States for the purpose of en- deavoring to secure a visa for readmis- f sion to the United States, or for the Refusal to Appropriate for Au- salary of any employee charged with any duty in connection with the read- thorized Purposes mission to the United States of any such alien without visa. § 2.1 The House in the Com- mittee of the Whole has the The following proceedings then right to refuse to appropriate took place: for any object either in MR. [SAMUEL] DICKSTEIN [of New whole or in part, even York]: Mr. Chairman, I make the same though that object may be point of order. This comes right back to authorized by law. the point I made originally, that this provision deals with the present immi- ( ) On Feb. 18, 1938, 2 during con- gration laws and is legislation on an sideration of the State, Justice, appropriation bill. It changes our present act, which contains the provi- 18. See Procedure in the U.S. House of sion that it is mandatory upon the offi- Representatives Ch. 25 § 2.2 (4th ed.). cials of the Department of Labor to ad- 1. See Procedure in the U.S. House of vise an alien of his status, whether he Representatives Ch. 25 § 2.3 (4th ed.). is legally or illegally in this country. 2. 83 CONG. REC. 2174, 2175, 75th This provision seems to suggest that Cong. 3d Sess. The principle is well even a suggestion or an inference, even established. See also, for example, 88 a suggestion over the phone, would be CONG. REC. 2114, 2115, 77th Cong. a violation of the law, and the men 2d Sess., Mar. 9, 1942 (a refusal to who are on the pay roll of the Govern- appropriate above a certain amount ment would be penalized. I respectfully per designated recipient). submit that the language offered as

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the amendment to the new section is tleman from New York and overrules absolutely in the same category, and the point of order. that it is not germane to the present bill or to the section now under consid- Court Judgment as Authoriza- eration. tion THE CHAIRMAN: (3) The Chair is ready to rule. § 2.2 An appropriation to pay a The gentleman from New York (Mr. Dickstein) makes the point of order judgment awarded by a court that the amendment now suggested is not in order unless such and offered by the gentleman from judgment has been properly Georgia is legislation. The Chair feels certified to Congress. he is bound by precedents which have ( ) been established for a long time in this On June 20, 1935, 4 the Com- House and have been ruled upon by mittee of the Whole was consid- many occupants of the chair more dis- ering H.R. 8554, a deficiency ap- tinguished than he. propriation bill. The following pro- The fact that the failure to appro- ceedings took place: priate money to carry out the purposes of an act may work an actual hardship MR. [FRANK] CARLSON [of Kansas]: in the enforcement of that act or may Mr. Chairman, I offer an amendment, even effect the practical repeal or cer- which I send to the desk. tain provisions of the act is entirely The Clerk read as follows: within the discretion of Congress itself. Mr. Carlson moves to amend H.R. Congress does not have to appropriate 8554, page 6, by inserting a new any money for laws which have been paragraph following line 6, entitled authorized by bills reported from legis- ‘‘Federal Trade Commission’’: lative committees. As long ago as 1896 ‘‘For payment to Mrs. William E. Nelson Dingley, Chairman of the Com- Humphrey, or executor of the estate mittee of the Whole House, ruled as of William E. Humphrey, $3,017 amount due as salary at time of his follows, and I read from page 47 of death as member of Federal Trade Cannon’s Procedure in the House of Commission.’’ Representatives: MR. [JAMES P.] BUCHANAN [of The House in Committee of the Texas]: Mr. Chairman, I make the Whole House has the right to refuse point of order that the amendment is to appropriate for any object either new legislation in that the judgment in whole or in part even though that object may be authorized by law. has not been certified according to law. That principle of limitation has been . . . sustained so repeatedly that it may THE CHAIRMAN: (5) The Chair is be regarded as a part of the par- ready to rule. Under the law,(6) judg- liamentary law of the Committee of the Whole. 4. 79 CONG. REC. 9811, 74th Cong. 1st Therefore, the Chair is unable to Sess. agree with the contention of the gen- 5. Franklin W. Hancock, Jr. (N.C.). 6. The Chair apparently relied on pro- 3. Frank H. Buck (Calif.). visions governing procedures where-

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ments have to be certified to the Con- ering H.R. 2374, a deficiency ap- gress before an appropriation is made; therefore the Chair sustains the point propriation bill. At one point the of order. Clerk read as follows:

Executive Order as Authoriza- WAR RELOCATION AUTHORITY tion Salaries and expenses: The limitation in the appropriation for salaries § 2.3 The words ‘‘authorized by and expenses, War Relocation Author- law’’ in Rule XXI clause 2, ity, in the National War Agency Appro- were construed to refer to a priation Act, 1945, on the amount which may be expended for travel is ‘‘law enacted by the Con- hereby increased from $375,000 to gress,’’ and not to encompass $475,000; and of said appropriation executive orders. not to exceed $280,477 is made avail- On Mar. 2, 1945,(7) the Com- able for expenses incurred during the mittee of the Whole was consid- fiscal year 1945 incident to the establishment, maintenance, and operation by claimants obtaining judgments of the emergency refugee shelter at Fort against the United States are com- Ontario, N.Y., provided for in the pensated from appropriations made President’s message of June 12, 1944, for that purpose. See, for example, to the Congress (H. Doc. 656). the present 28 USC § 2518 (based on MR. [HENRY C.] DWORSHAK [of 26 Stat. 537, Sept. 30, 1890 and 43 Idaho]: Mr. Chairman, I make the Stat. 939, Feb. 13, 1925), regarding point of order against that part of the certification to Congress of judg- section following the semicolon in line ments of the Court of Claims; see 20 and ending on page 14, line 2, that also 28 USC § 2517 (payment of it is legislation on an appropriation judgments of the Court of Claims out of general appropriations therefor); bill; furthermore, that there is no spe- 28 USC § 2414 (payment of judg- cific authority in existing statutes for ments and compromise settlements the operation of this particular pro- on claims against the United States); gram. The Executive order of the 31 USC § 724a (permanent appro- President which created the War Relo- priation to pay final judgments, cation Authority does not encompass awards, and compromise settle- the activities for which these funds ments); 28 USC §§ 2671 et seq. (tort would be used. . . . claims procedure); and House Rule ( ) THE CHAIRMAN: 8 The Chair is pre- XXII clause 2, House Rules and pared to rule. Manual § 852 (1981) (prohibiting private bills and resolutions, and The gentleman from Idaho [Mr. amendments to bills and resolutions, Dworshak] makes the point of order authorizing payment of claims for against the language beginning in the which suit may be instituted under concluding part of line 20 on page 13 tort claims procedure). and extending through the balance of 7. 91 CONG. REC. 1682, 1683, 79th Cong. 1st Sess. 8. John J. Sparkman (Ala.).

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the paragraph, that this appropriation THE SPEAKER: (10) The question is on is not authorized by law. the motion offered by the gentleman Under the rules of the House, no ap- from Missouri. propriation shall be reported in any The motion was agreed to. general appropriation bill, or be in Accordingly the House resolved itself order as an amendment thereto, for into the Committee of the Whole any expenditure not previously author- House on the State of the Union for ized by law. the consideration of the bill (H.R. It is the opinion of the Chair that an 3649) with Mr. Sparkman in the Executive order does not meet the re- chair. . . . quirement stated in that rule. There- MR. CANNON of Missouri: Mr. Chair- fore, not being authorized by law en- man, I ask unanimous consent that the acted by Congress, the appropriation bill be considered as read and that all would not be in order. The mere fact Members desiring to submit amend- that it may be a reappropriation would ments or points of order have leave to not make it in order if the original ap- submit them at this time. propriation was not authorized by law. THE CHAIRMAN: (11) Is there objection Therefore, the Chair sustains the to the request of the gentleman from point of order made by the gentleman Missouri? from Idaho. There was no objection. MR. [VITO] MARCANTONIO [of New § 2.4 An executive order does York]: Mr. Chairman, in view of the not meet the requirement unanimous consent request that has that appropriations must be just been granted, I make the point of authorized by law. order against the first item, National War Labor Board, on the ground that ( ) On July 5, 1945, 9 the following it is an appropriation not authorized proceedings took place: by law. MR. CANNON of Missouri: Mr. Chair- MR. [CLARENCE] CANNON of Mis- man, I concede the point of order. souri: Mr. Speaker, I move that the House resolve itself into the Com- THE CHAIRMAN: The point of order is mittee of the Whole House on the sustained. State of the Union for the consider- MR. MARCANTONIO: Mr. Chairman, I ation of the bill (H.R. 3649), making make a point of order on the same appropriations for war agencies for the ground against the item for the Office fiscal year ending June 30, 1946, and of Defense Transportation on page 5. for other purposes; and pending that MR. CANNON of Missouri: The point motion, Mr. Speaker, I ask unanimous of order is conceded, Mr. Chairman. consent to dispense with general de- THE CHAIRMAN: The gentleman from bate in the Committee of the New York (Mr. Marcantonio) makes a Whole. . . . point of order which the gentleman

9. 91 CONG. REC. 7226, 7227, 79th 10. Sam Rayburn (Tex.). Cong. 1st Sess. 11. John J. Sparkman (Ala.).

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from Missouri (Mr. Cannon) concedes. The point of order is sustained.(13) The Chair sustains the point of order. MR. [JOHN E.] RANKIN [of Mis- Language in Prior Appropria- sissippi]: Mr. Chairman, we do not all tion Measure as Authoriza- have to concede the point of order. I tion want to ask the gentleman from Mis- souri a question. . . . § 2.5 Legislation in an appro- MR. RANKIN: . . . If these were priation bill may be subject times of peace and this agency had to a point of order under been created by the Executive order, as it was, I submit that a point of order Rule XXI clause 2, but it may would lie against it. But the President become permanent law if it of the United States is the commander is not challenged and is per- in chief of the armed forces. One of the manent in its language and necessary incidents to that position is nature; thus, language in a the ability and the power to see that previous appropriation act our troops and the materials to support them are transported. For that providing that ‘‘hereafter reason, in order to break a bottleneck such sums . . . as may be ap- in our transportation system, the proved by Congress shall be President of the United States set up available (to increase domes- the Office of Defense Transpor- tic consumption of farm com- tation. . . . modities),’’ was held to be THE CHAIRMAN: The Chairman again permanent authorizing legis- states his opinion, regardless of his own beliefs as to the merits of this par- lation capable of supporting ticular office, that the point of order subsequent appropriations must be sustained. therefor. The rule is very explicit to the effect On May 20, 1964,(14) during con- that no appropriation shall be reported sideration in the Committee of the in any general appropriation bill or be Whole of the agriculture appro- in order as an amendment thereto, for priations bill (H.R. 11202) for fis- any expenditure not previously authorized by law. cal 1965, Mr. Paul Findley, of Illi- In this present Congress, the present nois, raised a point of order as fol- occupant of the chair ruled that an Ex- lows: ecutive order was not a law such as MR. FINDLEY: My point of order is to could comply with this rule.(12) lines 3 through 9, the portion of the The Chair sees no reason for depart- ing from that holding. The Chair feels 13. See also 119 CONG. REC. 19855, 93d constrained to sustain the point of Cong. 1st Sess., June 15, 1973 (H.R. order. 8619). 14. 110 CONG. REC. 11422, 11423, 88th 12. See § 2.3, supra. Cong. 2d Sess.

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section beginning with the figure in a lump sum supplemental ap- parentheses 5. I will read it. It reads propriation for the White as follows: House was not authorized by (5) not in excess of $25,000,000 to be used to increase domestic con- law, the Chairman deter- sumption of farm commodities pur- mined that the permanent suant to authority contained in Pub- law authorizing the Presi- lic Law 88–250, the Department of Agriculture and Related Agencies dent to appoint certain staff, Appropriation Act, 1964, of which as well as legislative provi- amount $2,000,000 shall remain available until expended for con- sions authorizing additional struction, alteration and modification employment contained in an of research facilities. earlier regular appropriation There is legislation in an appropria- bill enacted for that fiscal tion bill. . . . year, constituted sufficient THE CHAIRMAN: (15) The Chair is ready to rule. The gentleman from Illi- authorization. nois (Mr. Findley) makes a point of On Nov. 30, 1973,(16) during order addressed to the language ap- consideration in the Committee of pearing on page 16, line 2, beginning with ‘‘and’’ and continuing through and the Whole of a supplemental ap- including line 9, on the ground that it propriation bill (H.R. 11576) a is legislation on an appropriation bill. point of order was raised against The Chair has had called to its at- a provision, as follows: tention the section which was contained in Public Law 88–250, in which The Clerk read as follows: it appears that the appropriation here, THE WHITE HOUSE OFFICE which incidentally is also in the nature of a limitation, was authorized by the SALARIES AND EXPENSES Congress by the inclusion of the words pointed out by the gentleman from For an additional amount for ‘‘Sal- aries and expenses’’, $1,500,000. Mississippi that ‘‘hereafter such sums (not in excess of $25,000,000 in any MR. [JOHN D.] DINGELL [of Michi- one year) as may be approved by the gan]: Mr. Chairman, a point of Congress shall be available for such order. . . . purpose,’’ and so forth. I raise a point of order to the lan- The Chair therefore holds that the guage of lines 5, 6, 7, and 8 of page 14 language in that public law cited is au- under the provisions of rule XXI, thority for the inclusion in the pending clause 2, which prohibits legislation on bill of the language to which the point appropriation bills and which prohibits of order was addressed, and therefore the appropriation of funds without overrules the point of order. prior legislative authorization. Mr. Chairman, I would now like to § 2.6 A point of order having read from the language of the commit- been raised that a portion of 16. 119 CONG. REC. 38854, 38855, 93d 15. Eugene J. Keogh (N.Y.). Cong. 1st Sess.

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tee’s report on White House office, sal- economic policy of the President and aries and expenses: his staff and offices, appurtenances The Committee recommends an ap- and expenditures pertinent thereto. I propriation of $1,500,000, a reduction would point out further, Mr. Chair- of $110,000 below the amount of the man, that under the rules of the House budget estimate. of Representatives, that the burden is These supplemental funds were re- upon the proponent of the appropria- quested to provide the additional funds tion bill to establish the legislative needed for the activities of the Coun- basis and to cite the statutes upon selors to the President and their staffs, which the Appropriations Committee the President’s Foreign Intelligence bases its action in appropriating Advisory Board, the President’s Special funds. . . . Assistant for Consumer Affairs, the THE CHAIRMAN: (17) . . . Sections Council on Economic Policy, and other 103, 105, and 106 of title 3 authorize professional staff and consultants. appropriations for the purpose of pay- Mr. Chairman, before I pursue this ing the salaries of certain persons in matter further, I would point out first the Executive Office of the President. of all that when an item in an appro- The appropriation bill itself, in the priation bill is defective as violative of paragraph beginning on page 14, line the rules of the House—in this in- 5, gives no indication that the appro- stance, Rule XXI, clause 2—the whole priation would be used for any unau- of the particular item under the point thorized purpose. The paragraph mere- of order falls. ly provides a lump sum for the Execu- I would point out further, Mr. Chair- tive Office. man, that my point of order is directed The gentleman from Michigan, in specifically to the President’s special making his point of order, goes beyond assistant for consumer affairs and to the provisions of the bill and looks at that office, which was challenged ear- the provisions of the committee report. lier on this floor this year by the gen- The Chair does not believe that in tleman from Iowa (Mr. Gross). Upon this case, any more than in the case his point of order the Chair acted af- made by the gentleman from Iowa ear- firmatively and ruled in support of the lier in the consideration of the bill, it is point of order and ruled out the item. within his province to go beyond the I challenge further on the same plain provisions of the bill, and the au- grounds, Mr. Chairman, the appropria- thorizing statute. tions for counsellor to the President in The Chair, therefore, overrules the that there is no statutory authority for point of order. counsellors to the President. I chal- Parliamentarian’s Note: The lenge further the President’s foreign intelligence advisory board in that earlier ruling cited by Mr. Dingell there is also, to my knowledge, no stat- had taken place on June 15, 1973. utory authority for this particular of- Chairman James C. Wright, Jr., fice. of Texas, had sustained a point of Also, Mr. Chairman, I challenge on the same grounds again the counsel on 17. James G. O’Hara (Mich.).

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order against an appropriation for therefor by the Congress’’ the Office of Consumer Affairs, es- was held not to require legis- tablished by executive order, lative ‘‘approval’’ prior to the where the Committee on Appro- appropriation, where the leg- priations had not cited statutory islative history of the law in- authority for the appropriation dicated that other law was to (contained in H.R. 8619, agri- be considered sufficient au- culture-environment and con- thorization for the project sumer protection appropriations and that only further ap- bill). Congress subsequently en- proval through the appro- acted Public Law No. 93–143, the priation process was re- Treasury, Executive Office Appro- quired. priations Act for fiscal 1974, con- On Apr. 17, 1973,(18) during containing funds for the White House sideration in the Committee of the Office and legislation, effective for Whole of the legislative branch the same fiscal year covered by appropriations bill (H.R. 6691) for the supplemental appropriation fiscal 1974, Mr. J. Edward Roush, bill, permitting the President to of Indiana, raised a point of order employ consultants notwith- against the following language in standing other provisions of law. the bill, and proceedings ensued For that reason, and because it as indicated: was not readily apparent from the language of either the supple- EXTENSION OF THE CAPITOL mental bill, the authorizing stat- For an amount, additional to ute, or the committee report that amounts heretofore appropriated, for a portion of the lump sum was to ‘‘Extension of the Capitol’’, in substan- fund an unauthorized office, the tial accordance with plans for exten- Chair overruled the point of order. sion of the West Central front heretofore approved by the Commission for Extension of the United States Capitol, Appropriation Bill as Con- to be expended, as authorized by law, taining Specific Approval by the Architect of the Capitol under the direction of such Commission, § 2.7 The restriction in law $58,000,000, to remain available until prohibiting the use of any expended. . . . funds for the preparation of MR. ROUSH: Mr. Chairman, my point final plans or for construc- of order is based upon these following facts: The appropriation as proposed tion of the west front extension ‘‘until specifically ap- 18. 119 CONG. REC. 12781, 12782, 93d proved and appropriated Cong. 1st Sess. 4988

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lacks legislative authority and, sec- In substantial accordance with ondly, the language ‘‘$58,000,000 to re- Scheme B of the architectural plan main available until expended’’ con- submitted by a joint commission of stitutes legislation on a general appro- Congress and reported to Congress on March 3, 1905 (House Document priation bill. . . . Numbered 385, Fifty-Eighth Con- I would refer to the appropriation gress), but with such modifications bill last year, which would be Public and additions, including provisions Law 92–342, under the section ‘‘Exten- for restaurant facilities and such sion of the Capitol:’’ other facilities in the Capitol Grounds, together with utilities . . . Funds available under this appropriation may be used for the prepa- It does not just refer to one item. I ration of preliminary plans for the think this gives great latitude. extension of the west central front: Provided, however, That no funds Together with utilities, equipment, may be used for the preparation of approaches, and other appurtenant the final plans or initiation of con- or necessary items . . . there is struction of said project until specifi- hereby appropriated $5,000,000, to cally approved and appropriated remain available until expended: therefor by the Congress. Provided, that the Architect of the Capitol under the direction of said I point out to the Chairman that the commission and without regard to plans have not been specifically ap- the provisions of section 3709 of the proved. . . . Revised Statutes, as amended, is authorized to enter into contracts. Mr. Chairman, I have searched this matter diligently and the only author- Et cetera. ity that I can find for the extension of This law was amended February 14, the west front of the Capitol nec- 1956, and there was added this amend- essarily has to be inferred from the ment under ‘‘Extension of the Capitol.’’ language of a bill which was passed in This was Public Law 406, 84th Con- 1855. . . . gress: MR. [ROBERT R.] CASEY of Texas: The paragraph entitled ‘‘Extension . . . Mr. Chairman, this project is au- of the Capitol’’ in the Legislative Ap- thorized, and I would point out that propriation Act, 1956, is hereby the gentleman from Indiana (Mr. amended by inserting after the words ‘‘to remain available until ex- Roush) who is making the point of pended’’ and before the colon, a order, failed to read all of Public Law comma and the following: ‘‘and there 242 of the 84th Congress. are hereby authorized to be appro- The law reads: priated such additional sums as may be determined by said Commission Extension of the Capitol: The Ar- to be required for the purposes here- chitect of the Capitol is hereby au- of. . . .’’ thorized, under the direction of a Commission for Extension of the THE CHAIRMAN: (19) . . . The gen- United States Capitol, to be com- tleman from Indiana . . . contends posed of the President of the Senate, that Public Law 92–342 requires ‘‘spe- the Speaker of the House of cific’’ approval by Congress of prepara- Representatives— Et cetera. 19. John M. Murphy (N.Y.).

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tion of final plans or initiation of con- ering H.R. 3790, an Interior De- struction prior to an appropriation partment appropriation. The fol- therefor. The Chair has examined the lowing proceeding took place: legislative history of the provision relied upon by the gentleman from Indi- Amendment offered by Mr. Jackson ana in support of his argument that of Washington: On page 36, line 17, in- the appropriation must be specifically sert the following: approved by Congress prior to the ap- Sec. 104. Appropriations in this propriation, and it is clear from the de- act available for travel expenses bate in the Senate on March 28, 1972, shall be available for expenses of at- that approval in an appropriation bill tendance of officers and employees at was all that was required by the provi- meetings or conventions of members of societies or associations concerned sion in Public Law 92–342. The Chair with the work of the bureau or office feels that there is sufficient authoriza- for which the appropriation con- tion contained in [Public Law 84–242] cerned is made. as amended by Public Law 84–406 for MR. [KENNETH B.] KEATING [of New the appropriation contained in the York]: Mr. Chairman, I make the point pending bill, and that no further spe- of order against the amendment that it cific authorization is required prior to involves legislation on an appropria- an appropriation for final plans and tion bill and is not authorized by construction for the West Front. law. . . . For these reasons the Chair over- THE CHAIRMAN: (21) The gentleman rules the point of order. from Washington has called the attention of the Chair to section 83, title 5 § Sec. 2.8 An amendment to a of the United States Code. Permit the general appropriation bill Chair to read the language contained providing that appropria- in that provision: tions in the bill available for No money appropriated by any act shall be expended for membership travel expenses were to be fees or dues of any officer or em- available for expenses of at- ployee of the United States or of the tendance of officers and em- District of Columbia, in any society or association or for expenses of at- ployees at meetings or con- tendance of any person at any meet- ventions was held to be in ing or convention of members of any society or association unless such order since such provision fees, dues, or expenses are author- was authorized to be in- ized to be paid by specific appropria- cluded in appropriation bills tions for such purposes or are provided for in express terms in some by statutory provisions. general appropriation. (20) On May 2, 1951, the Com- The Chair feels that the language mittee of the Whole was consid- which has just been read governs the matter and overrules the point of order 20. 97 CONG. REC. 4738, 82d Cong. 1st Sess. 21. Wilbur D. Mills (Ark.).

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made by the gentleman from New bill, not authorized by law. It creates a York. new position, that of Minister of Lith- uania. The President has no constitu- Senate Confirmation of Ap- tional right and is empowered by no pointees Required Prior to act of Congress to create additional positions. Therefore, I make the point of Appropriation for Positions order, Mr. Chairman, and if the Chair is in doubt I would like to speak a lit- § Sec. 2.9 Although the Presi- tle further on the matter and cite some dent has the power to ap- precedents. . . . point foreign ambassadors MR. [CLIFTON A.] WOODRUM [of Vir- and ministers, an appropria- ginia]: Mr. Chairman, I think the item tion to pay such salaries is is subject to a point of order for the reason that the Minister has been ap- not in order unless the Sen- pointed but not confirmed. The Presi- ate has confirmed the ap- dent has the right to appoint, but if pointment. the minister has not been confirmed (22) the Congress would have no right to On Aug. 17, 1937, the Com- appropriate. There has been no con- mittee of the Whole was consid- firmation. I think the gentleman’s ering H.R. 8245, a deficiency appoint of order is well taken, if he propriation bill. The proceedings chooses to make it. . . . were as follows: The Chairman: (1) The Chair is ready to rule. As stated by the gentleman Salaries of ambassadors and min- from Virginia, the President has the isters: For an additional amount for right to appoint. At the present time, salaries of ambassadors and ministers, however, the Senate has not confirmed fiscal year 1938, for the salary of an the appointment. The appropriation, envoy extraordinary and minister plen- therefore, is subject to a point of order. ipotentiary to Lithuania at $10,000 per The Chair sustains the point of annum, $8,333.34: Provided, That the order. appropriation for salaries of ambassadors and ministers, fiscal year 1938, shall be available for payment of the Implied Authorization salary of an envoy extraordinary and minister plenipotentiary to Estonia § Sec. 2.10 Appropriations for and Latvia at $10,000 per travel expenses, including annum. . . . examination of estimates for MR. [HAMILTON] FISH [JR., of New appropriations in the field, York]: Mr. Chairman, I make a point under the heading ‘‘Office of on order against the language on page 28, lines 4 to 12, inclusive, as consti- the Secretary, Department of tuting legislation on an appropriation Agriculture,’’ were held authorized by law as necessary 22. 81 CONG. REC. 9175, 9176, 75th Cong. 1st Sess. 1. Claude V. Parsons (Ill.).

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to carry out the basic law cision the Chair overrules the point of setting up the Department of order. Agriculture. The 1938 decision relied on by On Apr. 27, 1950,(2) the Com- the Chair took place during con- mittee of the Whole was consid- sideration of H.R. 9621, appro- ering H.R. 7786, the Department priations for the Department of of Agriculture chapter of the gen- the Interior. An amendment had eral appropriation bill of 1951. been offered, reading in part as (4) The following proceedings took follows: place: Amendment offered by Mr. Scrugham: Page 72, beginning with MR. [KENNETH B.] KEATING [of New line 12, insert the following: York]: Mr. Chairman, I make a point of order against the language appear- Administration provisions and lim- ing in lines 6 to 7, page 204, ‘‘travel ex- itations: For all expenditures authorized by the act of June 17, 1902, and penses, including examination of esti- acts amendatory thereof or supple- mates for appropriations in the mentary thereto, known as the rec- field.’’. . . lamation law, and all other acts THE CHAIRMAN: (3) The Chair is pre- under which expenditures from said fund are authorized, including not to pared to rule. exceed $100,000 for personal services The gentleman from New York [Mr. and $15,000 for other expenses in Keating] has made a point of order the office of the chief engineer . . .; against the language appearing on examination of estimates for appro- page 204 of the chapter beginning in priations in the field; refunds of overcollections and deposits for other line 6, which has been quoted by him, purposes; not to exceed $15,000 for on the ground that it is legislation on lithographing, engraving, printing, an appropriation bill in violation of the and binding. rules of the House. The Chair has ex- The following exchange took amined the language and has listened attentively to the arguments presented place: and has also made an examination of MR. [JOHN] TABER [of New York]: the precedents and decisions of the Mr. Chairman, I make the point of House. It appears that in 1938 a point order against the amendment upon the of order was made against language ground that it is legislation upon an similar to this, and the Chairman, Mr. appropriation bill, that it includes Jones, of Texas, overruled the point of items not authorized by law, as, for in- order. The decision is found on page stance, $5,000 for making photographic 2656 of the Record of March 1, 1938. prints, not authorized by law in line 20 On the basis of that precedent and de- and in line 22, provision for examination of estimates for appropriations in 2. 96 CONG. REC. 5911, 81st Cong. 2d Sess. 4. 83 CONG. REC. 2655, 2656, 75th 3. Jere Cooper (Tenn.). Cong. 3d Sess., Mar. 1, 1938.

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the field, which is not authorized by retary of Transportation was law; $15,000 for lithographing and en- held to authorize an appro- graving, not authorized by law; the purchase of ice, the purchase of rubber priation for the construction boots for official use by employees, not of prototypes of the civil su- authorized by law. personic aircraft. THE CHAIRMAN: The Chair is ready On May 27, 1970,(5) during con- to rule. This amendment provides for all expenditures authorized by the act sideration in the Committee of the of June 17, 1902, and acts amendatory Whole of the Department of thereof or supplemenatary thereto, Transportation appropriation bill known as the reclamation law, and all for fiscal 1971 (H.R. 17755), Mr. other acts under which expenditures Sidney R. Yates, of Illinois, raised from said fund are authorized, and so a point of order against certain forth. The Chair thinks that the items language in the bill: to which the gentleman from New York objects specifically are incidental For an additional amount for ex- to the main purpose of carrying out the penses, not otherwise provided for, nec- reclamation law. These incidental essary for the development of a civil items it seems to the Chair are nec- supersonic aircraft, including the con- essary to carry out the major purposes struction of two prototype aircraft of of the reclamation law, and the Chair, the same design, and advances of therefore, overrules the point of order. funds without regard to the provisions of section 3648 of the Revised Statutes, Mr. Taber offered an amend- as amended (31 U.S.C. 529), ment to strike the words ‘‘exam- $289,965,000, to remain available until ination of estimates for appropria- expended. . . . tions in the field,’’ which amend- MR. YATES: Mr. Chairman, this is an ment was rejected. appropriation for the development of a supersonic aircraft under the terms of Specific Project Authorized by a contract between the Government and the Boeing Co. The authorization General Grant of Authority for the appropriation is admittedly section 312(b) of the Federal Aviation Act, § 2.11 Legislation authorizing which provides as follows: the Administrator of the Fed- The Administrator is empowered eral Aviation Administration to undertake or supervise such de- to develop and test improved velopment work and service testing as tends to the creation of improved aircraft, and legislation aircraft, aircraft engines, propellers, transferring and vesting and appliances. those functions ‘‘including For such purpose, the Adminis- trator is empowered to make pur- the development and construction of a civil super- 5. 116 CONG. REC. 17310, 17311, 91st sonic aircraft’’ in the Sec- Cong. 2d Sess. 4993

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chases—including exchange—by ne- The gentleman from Massachusetts gotiation, or otherwise, of experi- (Mr. Boland) in responding to the point mental aircraft, aircraft engines, proof order has cited certain provisions of pellers, and appliances, which seem to offer special advantages to aero- law which have been recognized by the nautics. gentleman from Illinois as pertaining directly to the authorization of the civil There is nothing in either provision supersonic aircraft development pro- which authorizes the spending of pub- gram. lic funds for private purposes or pri- The Chair has examined the laws to vate gains. There is nothing in either which attention has been directed. provision which gives the benefits of Chapter 20 of title 49, United States whatever development or testing is un- Code, relates to the Federal aviation dertaken to the person or the company doing the work. My point here is if the program of the Federal Government, Government pays for the work, as it is and sets forth the powers and duties of in this case, then the Government is the Federal Aviation Agency and, as entitled to the product. The Govern- has been pointed out, empowers the ment owns the product because it has Administrator to ‘‘undertake or super- paid for it. There is no provision in the vise such developmental work and law which permits gifts or for making service testing as tends to the creation grants. That is not the case in this con- of improved aircraft. For such purpose, tract because the plane when built will the Administrator is empowered to belong to Boeing. Under the contract, make purchases—of experimental air- whatever results from the development craft.’’ belongs to Boeing, which has the bur- Even broader, I think, is the delega- den of producing the SST. Under the tion of authority that appears in Public contract the Government is to be re- Law 89–670, establishing the Depart- paid for its money through royalties ment of Transportation. Section 6(c)(1) from the sale of planes, but the planes of that act states as follows: when completed will belong to the Boe- There are hereby transferred to ing Co. Yet, as I said, there is no au- and vested in the Secretary (of thority on the statute books for loans Transportation) all functions, pow- or grants to the contractor. . . . ers, and duties of the Federal Avia- THE CHAIRMAN: (6) The Chair is pre- tion Agency, and of the Adminis- pared to rule. trator and other officers and offices thereof, including the development The gentleman from Illinois (Mr. and construction of a civil supersonic Yates) raised the point of order against aircraft. the appropriation appearing on page 2 of the bill, entitled ‘‘Civil Supersonic The Chair has heard the argument Aircraft Development,’’ on the ground of the gentleman from Illinois with ref- that there is no authorization in law erence to his contention that this must for the development of such an air- be construed narrowly, but does not craft, and for the expenditure provided find in the law or in the precedents herein. any requirement for as narrow a construction as the gentleman has con- 6. Edmond Edmondson (Okla.). tended for. It is a broad delegation of

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authority, and must not be construed erence, periodicals and newspapers, as narrowly as the gentleman has communication service and postage; for sought. the maintenance, repair, and operation In view of these citations, which give of one motor-propelled delivery truck; the Secretary a broad experimental for rent in the District of Columbia, and development authority and bestow and elsewhere; for official traveling ex- upon him in explicit terms the author- penses, including examination of esti- ity to develop and construct a Civil Su- mates for appropriations in the field, personic Aircraft, the Chair is con- and other miscellaneous expenses, not strained to overrule the point of order. otherwise provided for, necessary to ef- Therefore the point of order is over- fectively carry out the provisions of the ruled. act providing for the administration of the United States courts, and for other ‘‘Miscellaneous’’ Items as Au- purposes, $26,000. . . . thorized MR. [ROBERT F.] JONES [of Ohio]: . . . I make a point of order § 2.12 Language in an appro- against the language beginning in line 15 with the word ‘‘and’’ and ending in priation bill making appro- line 16 with the word ‘‘for.’’ priations for certain items THE CHAIRMAN: (8) The gentleman ‘‘and other miscellaneous ex- makes a point of order against the lan- penses, not otherwise pro- guage reading: vided for’’ was held to apply And other miscellaneous expenses to regular expenses that are not otherwise provided for? authorized by law, and in MR. JONES: That is right. order. THE CHAIRMAN: Does the gentleman (7) from Michigan desire to be heard on On Mar. 16, 1945, the Com- the point of order? mittee of the Whole was consid- MR. [LOUIS C.] RABAUT [of Michi- ering H.R. 2603, a State, Justice, gan]: Mr. Chairman, this provides Commerce, Judiciary, and Federal merely for regular expenses that are Loan Agency appropriation. A pro- authorized by law. I do not see any- vision was read as follows, and a thing in this subject to a point of order. point of order was raised as indi- THE CHAIRMAN: The Chair fails to see any reason why the language re- cated below: ferred to should be subject to a point of Miscellaneous expenses: For sta- order, and unless the gentleman from tionery, supplies, materials and equip- Ohio can be more specific in his objec- ment, freight, express, and drayage tion the Chair is constrained to over- charges, washing towels, advertising, rule the point of order. purchase of lawbooks and books of ref- The Chair overrules the point of order. 7. 91 CONG. REC. 2378, 79th Cong. 1st Sess. 8. Wilbur D. Mills (Ark.).

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Increasing Appropriation purposes of this appropriation, and for Within Authorized Limits preliminary examinations and surveys of and contingencies in connection with § 2.13 It is in order to increase flood-control projects authorized by law, $144,973,700: . . . the appropriation in an ap- MR. [DAVID D.] TERRY [of Arkansas]: propriation bill for purposes Mr. Chairman, I offer an amendment. authorized by law if such in- The Clerk read as follows: crease does not exceed the Amendment offered by Mr. Terry: amount authorized for such ‘‘On page 7, line 5, strike out objects. $144,973,700 and insert $147,078,700.’’ On Mar. 10, 1942,(9) the Com- MR. [ROBERT F.] RICH [of Pennsyl- mittee of the Whole was consid- vania]: Mr. Chairman, I reserve a ering H.R. 6736, a War Depart- point of order against the amendment civil functions appropriation ment. . . . bill. An amendment was allowed MR. TERRY: Mr. Chairman, the pur- which restored part of a sum pose of this amendment is to raise the which had previously been strick- amount carried in the bill, $144,973,000 for flood control to an en from the bill, where such amount that will be sufficient to in- amendment did not cause the ap- clude the beginning of the work on the propriation for the objects under Table Rock Reservoir. consideration to exceed the total Congress has authorized for the amount for such objects author- White River Basin $49,000,000 to be ized by law. The portion of the bill appropriated for the prosecution of a comprehensive dual purpose flood con- in question, and proceedings relat- trol and power program in the White ing to it, were as follows: River Basin. According to the testi- Flood control, general: For the con- mony in the hearings, $15,870,000 was struction and maintenance of certain allocated from funds previously appro- public works on rivers and harbors for priated against this authorization. The flood control, and for other purposes, in Budget has presented four projects in accordance with the provisions of the the White River Basin which total Flood Control Act, approved June 22, $37,525,000. 1936, as amended and supplemented, The appropriation of this amount, in including printing and binding, news- conjunction with the $15,870,000, papers, lawbooks, books of reference, would result in a total of $53,395,000, periodicals, and office supplies and or $4,395,000 in excess of the equipment required in the Office of the $49,000,000 that has been authorized Chief of Engineers to carry out the to be appropriated. The Committee of the Whole elimi- 9. 88 CONG. REC. 2224, 2225, 77th nated the $6,500,000 which was in- Cong. 2d Sess. cluded in the Budget sent down on

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February 20 for the construction of in charge of flood control, and the fig- Table Rock Reservoir. When this mature that I have included in the amend- ter was up in the subcommittee at the ment is the figure given by the engi- time of the marking up of the bill, a neers. It shows a total of $53,395,000 motion was made by a committee will be appropriated, including member to eliminate Table Rock, but $15,870,000 past amounts, and those the subcommittee voted against cutting in the Budget estimates for 1943, in out the Table Rock item. When the bill the sum of $37,525,000, with a came up in the full committee on ap- $49,000,000 authorization. That would propriations, on a very close vote, the exceed the authorization $4,395,000. If committee eliminated Table Rock on $6,500,000 for Table Rock is stricken the theory that—and it was a fact—the out, the authorizations will exceed the appropriation was over the authoriza- appropriations in an amount of tion. So the Table Rock item was elimi- $2,105,000, which is the amount of my nated, as I say, by a very close vote. amendment, and is an amount that My amendment merely seeks to will not exceed the Budget estimate raise the amount to the limit of the and will not exceed the $49,000,000 congressional authorization. If we authorized by the Legislative Com- adopt my amendment we add mittee of this House for the com- $2,105,000 to the amount in the bill for prehensive plan for the White River Basin. flood control, but it will permit considerable work to be done on the Table MR. RICH: Mr. Chairman, I may say Rock project this year and the coming the gentleman’s own figures show that fiscal year, and we shall still be within these are the items to begin the project the authorized appropriation limit car- and they will exceed the amount of the ried in the Budget estimate for the Budget estimate. whole bill, and we shall not be above THE CHAIRMAN: The Chair is ready the $49,000,000 which has been au- to rule. thorized by the Congress for the White This section of the bill, lines 4 and 5, River Basin. . . . is for preliminary examination, sur- ( ) veys, or for contingencies in connection THE CHAIRMAN: 10 Does the gentleman from Pennsylvania [Mr. Rich] with flood-control projects authorized insist on his point of order? by law. The gentleman from Arkansas in his MR. RICH: Mr. Chairman, I insist on my point of order. amendment raises the appropriation, but in that raise it only applies to The authorization for these two those projects which are authorized by projects was only $49,000,000. . . . law; therefore, the point of order is Mr. Chairman, this exceeds the total overruled. amount authorized. . . . MR. TERRY: Mr. Chairman, the com- § 2.14 An amendment pro- mittee in charge of the bill has checked posing simply to increase an those figures with the Army engineers appropriation for a specific 10. Alfred L. Bulwinkle (N.C.). object over the amount car- 4997

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ried in the appropriation bill MR. [JOHN] TABER [of New York]: does not constitute a change Mr. Chairman, I make the point of in law unless such increase order that it is not authorized by law. . . . is in excess of that author- ( ) THE CHAIRMAN: 12 The Chair is ized. ready to rule. On Feb. 28, 1939,(11) the Com- The gentleman from Montana [Mr. mittee of the Whole was consid- O’Connor] offers an amendment on ering H.R. 4492, a Treasury and page 51, line 8, seeking to increase the appropriation there stated, Post Office appropriation bill. The $30,000,000, to the figure of following proceedings took place: $60,000,000, to which amendment the Construction of public buildings out- gentleman from New York [Mr. Taber] side of the District of Columbia: For makes a point of order on the ground continuation of construction of, and ac- that the increase in the item sought to quisition of sites for, public buildings be made is not authorized by law. outside of the District of Columbia, in- The Chair invites attention to Public cluding the purposes and objects, and Resolution 122, Seventy-fifth Congress, subject to the limitations, specified title III, Federal Public Buildings, and under this head in the Third Defi- quotes in part as follows: ciency Appropriation Act, fiscal year . . . is hereby increased from 1937, and also including those in- $70,000,000 to $130,000,000. creases in the limits of cost of certain authorized projects, 25 in number, as There is a balance remaining of that specified in House Document No. 177, authorization of $71,000,000. The Seventy-sixth Congress, $30,000,000: pending bill carries an appropriation of Provided, That the provisions of sec- $30,000,000, which would leave tion 322 of the act of June 30, 1932 (47 $41,000,000 unappropriated. The Stat. 412), shall not apply with respect amendment of the gentleman from to the rental of temporary quarters for Montana seeks to increase the housing Federal activities during the $30,000,000 appropriation to replacement or remodeling of buildings $60,000,000, or seeks to appropriate authorized under this or previous acts. $30,000,000 of the remaining MR. [JAMES F.] O’CONNOR [of Mon- $41,000,000 authorized by law. There- tana]: Mr. Chairman, I offer the fol- fore, the Chair overrules the point of lowing amendment which I send to the order. desk. The Clerk read as follows: § 2.15 Language in an appro- Amendment offered by Mr. O’Con- priation bill providing an ad- nor: Page 51, line 8, strikeout ditional amount within the ‘‘$30,000,000’’ and insert ‘‘$60,000,000.’’ total authorized was held to be in order. 11. 84 CONG. REC. 2029, 2030, 76th Cong. 1st Sess. 12. Jere Cooper (Tenn.).

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On Feb. 25, 1958, (13) the Com- gram, and that the appropriation here- mittee of the Whole was consid- in proposed is within the authorized amount, the point of order cannot be ering H.R. 10881, a bill making sustained. supplemental appropriations. The The Chair overrules the point of following provision was read and order. a point of order was raised as in- Parliamentarian’s Note: The law dicated below: referred to in the point of order For an additional amount for ‘‘Acre- was contained in Pub. L. No. 85– age reserve program,’’ fiscal year 1958, 118 which provided, ‘‘That no part $250,000, which shall be available to of this appropriation shall be used formulate and administer an acreage to formulate and administer an reserve program in accord with the provisions of subtitles A and C of the acreage reserve program which Soil Bank Act (7 U.S.C. 1821–1824 and would result in total compensation 1802–1814), with respect to the 1958 being paid to producers in excess crops, in an amount not to exceed $175 of’’ a designated amount. That million in addition to the amount spec- limitation, since it applied only to ified for such purposes in Public Law the appropriation in that act, had 85–118. no applicability to the supple- MR. [JOHN] TABER [of New York]: Mr. Chairman, I make a point of order mental appropriation which was against the paragraph on page 4, lines in dispute here. 1 to 9 of the bill on the ground that it changes existing law. I refer the chair- Appropriation of Total Author- man to the language of the appropria- ization tion bill which became law on the 2d day of August. . . . § 2.16 Where the law author- THE CHAIRMAN: (14) The Chair is izes an appropriation of a ready to rule. specific amount and a para- The language objected to by the gen- graph of an appropriation tleman from New York [Mr. Taber] provides for an additional amount. bill appropriates a portion This of course means an additional thereof, an amendment amount to that provided for in the au- changing the figure in the thorization contained in Public Law bill to the full amount au- 540 of the 84th Congress. thorized is in order. The Chair therefore feels that in ( ) view of the fact that there are ample On Mar. 28, 1939, 15 the Com- funds authorized to carry out this pro- mittee of the Whole was considering H.R. 5269, an agricultural 13. 104 CONG. REC. 2766, 85th Cong. 2d Sess. 15. 84 CONG. REC. 3454, 3455, 76th 14. Francis E. Walter (Pa.). Cong. 1st Sess.

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appropriation bill. The following $10,000,000 shall be appropriated for portion of the bill was before the the year ending June 30, 1938; not to exceed $25,000,000 for the year ending committee: June 30, 1939; and not to exceed FARM TENANCY $50,000,000 for each fiscal year thereafter. To enable the Secretary of Agri- Therefore the point of order is over- culture to carry out the provisions of ruled. title I of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (7 Effect of Language Limiting U.S.C. 1000–1006), including the employment of persons and means in the Appropriations to Purposes District of Columbia and elsewhere, ex- Authorized by Law clusive of printing and binding, as authorized by said act, $24,984,500, to- § 2.17 A point of order will not gether with the unexpended balance of lie against a lump-sum ap- the appropriation made under said act propriation for river and for the fiscal year 1939. harbor projects on the MR. [JED] JOHNSON of Oklahoma: Mr. Chairman, I offer the following ground that some of the amendment, which I send to the desk. projects enumerated in the The Clerk read as follows: committee report for alloca- Amendment offered by Mr. John- tion of funds have not been son of Oklahoma: Page 93, line 22, authorized, since language in after the word ‘‘Act’’, strike the bill limits use of the ap- ‘‘$24,584,500’’ and insert in lieu thereof ‘‘$50,000,000.’’ propriation to ‘‘projects authorized by law.’’ MR. [JOHN] TABER [of New York]: Mr. Chairman, I make the point of On June 18, 1958,(17) a point of order that the $50,000,000 is not au- order was made against provisions thorized by law. . . . of H.R. 12858 (appropriations for ( ) THE CHAIRMAN: 16 The amendment civil functions administered by the offered by the gentleman from Okla- homa provides that the figures, Department of the Army and cer- $24,984,500, be stricken out and tain agencies of the Department of $50,000,000 inserted in lieu thereof. the Interior), as indicated below: This bill is making appropriations The Clerk read as follows: for the Department of Agriculture, and for the Farm Credit Administration, CONSTRUCTION, GENERAL for the fiscal year ending June 30, For the prosecution of river and 1940. The Chair has examined the law, harbor, flood control, shore protec- and the law provides, on the question tion, and related projects authorized of farm tenancy, that not to exceed 17. 104 CONG. REC. 11646, 85th Cong. 16. Wright Patman (Tex.). 2d Sess.

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by law; detailed studies, and plans reason that in the proviso at the bot- and specifications, of projects (in- tom of page 4 it is specifically pro- cluding those for development with vided: participation or under consideration Provided further, That no part of for participation by States, local governments, or private groups) author- this appropriation shall be used for ized or made eligible for selection by projects not authorized by law or law (but such studies shall not con- which are authorized by a law limiting stitute a commitment of the Govern- the amount to be appropriated there- ment to construction); and not to ex- for, except as may be within the limits ceed $1,600,000 for transfer to the of the amount now or hereafter author- Secretary of the Interior for con- ized to be appropriated. servation of fish and wildlife as au- So the point of order is not well thorized by law; to remain available until expended $577,085,500: . . . taken, Mr. Chairman. Provided further, That no part of MR. TABER: Mr. Chairman, these this appropriation shall be used for projects are without and beyond the projects not authorized by law or limits of the authorization. That is the which are authorized by a law lim- point of order. iting the amount to be appropriated MR. CANNON: Mr. Chairman, may I therefor, except as may be within the also call attention to the language be- limits of the amount now or hereafter authorized to be appro- ginning on page 3 as follows: priated. . . . For the prosecution of river and harbor, flood control, shore protec- MR. [JOHN] TABER [of New York]: [I tion, and related projects authorized make a point of order against the] by law. paragraph beginning page 3, line 22 and ending on page 5, line 9, on the The figure the gentleman refers to is ground it contains funds the appropria- for this specific purpose. tion which has not been authorized by THE CHAIRMAN [Hale Boggs, of Lou- law. The figure there is $577,085,500. isiana]: The Chair is prepared to rule. I am advised by the Corps of Engi- The language is very specific. As the neers, by letter dated June 11, 1958, chairman of the Committee on Appro- priations pointed out a moment ago, that there is contained here beginning on line 23, page 3, the lan- $57,702,253 in projects which are not guage is as follows: authorized by law. I am able by referring to the dif- For the prosecution of river and harbor, flood control, shore protec- ferent items on page 5 of the Report tion, and related projects authorized that there are the Beaver Reservoir in by law. Arkansas, the Bull Shoals Reservoir, Arkansas and Missouri. . . . There Then further, as again pointed out are probably 15 or 20 of those by the chairman, there is this language items. . . . on the bottom of page 4: MR. [CLARENCE] CANNON [of Mis- That no part of this appropriation souri]: [The] gentleman makes a point shall be used for projects not author- of order against the figure ized by law. $577,085,500 in line 8 on page 4. But Now, that language, in the opinion of the point of order does not lie for the the Chair, is quite specific in that none

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of these funds regardless of the of fish and wildlife as authorized by amount involved, can be used for any law; $662,622,300, to remain available project which is not authorized by law. until expended: Provided, That no part The Chair overrules the point of of this appropriation shall be used for order. projects not authorized by law or which are authorized by a law limiting § 2.18 Language in an appro- the amount to be appropriated there- priation bill providing funds for, except as may be within the limits of the amount now or hereafter author- for the construction of public ized to be appropriated: . . . works and specifying that THE CHAIRMAN: (19) The Chair recog- none of the funds appro- nizes the gentleman to make (a) point priated should be used for of order. projects not authorized by MR. [H. R.] GROSS [of Iowa]: Mr. law ‘‘or which are authorized Chairman, I make the point of order by a law limiting the amount against the language to be found on page 4, beginning on line 18 and into to be appropriated therefor, line 21, ‘‘or which are authorized by a except as may be within the law limiting the amount to be appro- limits of the amount now or priated therefor, except as may be hereafter authorized to be within the limits of the amount now or appropriated’’ was held to hereafter authorized to be appropriated.’’ limit expenditures to author- Mr. Chairman, I make the point of ized projects and a point of order against that language on the order against the language ground that it is legislation on an ap- as legislation was overruled. propriation bill. I make the further point of order that this is authorizing (18) On May 24, 1960, during con- appropriations for projects not author- sideration in the Committee of the ized by law. Whole of an appropriation bill Mr. Chairman, I would like to quote (H.R. 12326), the following para- briefly from ‘‘Cannon’s Precedents,’’ graph of the bill was read: page 63: For the prosecution of river and har- As a general proposition whenever a limitation is accompanied by the bor . . . and related projects author- words ‘‘unless,’’ ‘‘except,’’ ‘‘until,’’ ‘‘if,’’ ized by law; detailed studies, and plans ‘‘however,’’ there is ground to view and specifications, of projects . . . au- the so-called limitation with sus- thorized or made eligible for selection picion, and in case of doubt as to its by law . . .; and not to exceed ultimate effect the doubt should be resolved on the conservative side. By $1,400,000 for transfer to the Sec- doing so appropriation bills will be retary of the Interior for conservation relieved of much of the legislation which is being constantly grafted 18. 106 CONG. REC. 10979, 10980, 86th Cong. 2d Sess. 19. Hale Boggs (La.).

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upon them and a check given a prac- providing that the expenditure shall tice which seems to the Chair, both not be made until such project is au- unwise and in violation of the spirit, thorized by law. I fail to see, Mr. as well as the substance, of our rules. Chairman, where a point of order could lie against this language because it is THE CHAIRMAN: Does the gentleman purely a simple limitation of expendi- from Michigan [Mr. Rabaut] care to be ture on an appropriation bill; nothing heard on the point of order? more, nothing less. MR. [LOUIS C.] RABAUT: Mr. Chair- THE CHAIRMAN: The Chair is pre- man, I wish to explain the language. pared to rule. The legislative committee has placed It so happens that almost an iden- outside limits on the amount of money tical point of order to an identical which can be spent in a given river paragraph was raised on June 18, basin. Such basin may have a number 1958, by the gentleman from New York of dams or projects in it. Without the (Mr. Taber). It also happens that the language these monetary limits could present occupant of the chair was in be exceeded by action on an appropria- the chair at that time. The Chair ruled tion bill, thus setting aside the action then that the language was specific, of the legislative committee. that there was no question about its This is strictly a limitation. referring to the controlling phase ‘‘au- MR. GROSS: Mr. Chairman, may I be thorized by law,’’ and none of the ap- heard further? propriation can be expended unless authorized by law. THE CHAIRMAN: The Chair will hear the gentleman. The Chair overrules the point of order and sustains the ruling made on MR. GROSS: Mr. Chairman, I should June 18, 1958. like to point out to the Chair that more than one member of the committee has Parliamentarian’s Note: This admitted that there are appropriations precedent and the preceding one not authorized by law, that this is a demonstrate that when a subterfuge, and I say, Mr. Chairman, lumpsum appropriation is re- designed to controvert the rule of the House. stricted by specific language in THE CHAIRMAN: Does the gentleman the bill to projects authorized by from Iowa care to be heard on the law, indications in the committee point of order? report to the effect that certain MR. [BEN F.] JENSEN [of Iowa]: I do, unauthorized projects may be con- Mr. Chairman. templated must be conceded to be Mr. Chairman, I have been on the without legislative effect. Where Committee on Appropriations for the there is such a conflict in lan- past 18 years. I cannot recall when a point of order has ever been raised guage, the language in the bill against similar language in an appro- itself would prevail. Further dis- priation bill. The language is simply cussion of this concept appears in limiting an appropriation expenditure, Chapter 26, infra. 5003

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§ 2.19 A point of order will not without further discussion, because the lie against an amendment amendment simply changes the proposing to increase a amount of the bill without specific ref- lump-sum appropriation for erence to any project. construction and rehabilita- The point of order is overruled. tion of public works projects Parliamentarian’s Note: The when language in the bill paragraph to which this amend- limits use of the lump-sum ment was offered began as fol- appropriation to ‘‘projects lows: ‘‘Construction and Rehabili- . . . as authorized by law.’’ tation. For construction and reha- On June 5, 1959,(20) during con- bilitation of authorized reclama- sideration in the Committee of the tion projects or parts thereof (in- Whole of a bill (H.R. 7509) mak- cluding power transmission facili- ing appropriations for civil functions administered by the Depart- ties) and for other related activi- ment of Defense, the following ties, as authorized by law to re- proceedings took place: main available until expended, $128,473,239 . . .’’ MR. [HAMER H.] BUDGE [of Idaho]: Mr. Chairman, I offer an amendment. The Clerk read as follows: § 2.20 A point of order was Amendment offered by Mr. Budge: held not to lie against a On page 8, line 5, strike out lump-sum appropriation for ‘‘$128,473,239’’ and insert increased pay costs, where ‘‘$128,973,–239.’’. . . the objection was based on MR. [CLARENCE] CANNON [of Mis- the ground that a portion of souri]: The amendment has just been the increase was not yet au- read and I am reserving a point of order to the amendment. thorized by law; it was noted THE CHAIRMAN: (21) Will the gen- that language in the bill lim- tleman from Missouri state his point of ited use of the appropriation order? to pay costs ‘‘authorized by MR. CANNON: The point of order is or pursuant to law.’’ that the project is unauthorized. ( ) MR. BUDGE: Mr. Chairman, may I be On May 21, 1969, 1 the Com- heard on the point of order? mittee of the Whole was consid- THE CHAIRMAN: The Chair is constrained to overrule the point of order ering H.R. 11400, a supplemental appropriation bill. The following 20. 105 CONG. REC. 10061, 86th Cong. 1st Sess. 1. 115 CONG. REC. 13267, 13268, 91st 21. Hale Boggs (La.). Cong. 1st Sess.

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paragraphs of the bill were read MR. MAHON: The funds which have for amendment: not been authorized are included in line 12, in the $1,975,000 figure. LEGISLATIVE BRANCH MR. GROSS: Those are the only funds that have not been authorized? HOUSE OF REPRESENTATIVES MR. MAHON: Yes; that is the figure COMPENSATION OF MEMBERS involved. A small portion of that has not been authorized. . . . Compensation of Members, $1,975,000 The $19,835 included in line 12 has not been authorized. That is correct. SALARIES, OFFICERS, AND EMPLOYEES MR. GROSS: You mean the $1,975,000? ‘‘Office of the Speaker’’, $4,015 MR. MAHON: No; $19,835 has not MR. [H. R.] GROSS [of Iowa]: Mr. been authorized. But it cannot be paid Chairman, I make a point of order unless it is authorized. Otherwise, it against the language on page 23, lines would revert unused to the Treasury. 12, 13, and 14, on the ground that, as THE CHAIRMAN: The Chair again is admitted by the committee, this con- confused. The Chair sees no reference tains moneys to be appropriated that to a figure of $19,835 in the bill or in have not been authorized by Congress. the language referred to here. THE CHAIRMAN: (2) The Chair will in- MR. MAHON: It is part of the figure quire: Does the gentleman’s point of of $1,975,000. . . . order refer to lines 12, 13, and 14? THE CHAIRMAN: The Chair is still in MR. GROSS: Lines 11, 12, 13, and 14. a quandary because the language in THE CHAIRMAN: Does the gentleman line 7 says, ‘‘for increased pay costs au- from Texas desire to be heard on the thorized by or pursuant to law.’’ point of order? MR. MAHON: Mr. Chairman, all com- MR. [GEORGE H.] MAHON [of Texas]: pensation due by law to Members of Mr. Chairman, the gentleman, I be- Congress is authorized. If it is not au- lieve, does not seek to reduce funds for the Office of the Speaker, as shown on thorized, it cannot be paid. line 14. The gentleman is, I believe, THE CHAIRMAN: Yes. . . . only referring to the pay increase for The Chair is constrained to hold that the Speaker and other Members— the the gentleman’s point of order is not item on line 12. well taken, because the money amount MR. GROSS: Very frankly, I do not in line 12 cannot be used for any other know which one of these line items purpose than increased pay costs au- contains all the funds, so I am just try- thorized by or pursuant to law. There- ing to take as much as I can to be sure fore, the gentleman’s point of order is I get the funds covered. If the gen- overruled.(3) tleman will tell me what line they are in I will amend my point of order, with 3. See also 106 CONG. REC. 7941, 86th the permission of the Chair. Cong. 2d Sess., Apr. 12, 1960 [H.R. 11666], where a point of order was 2. Chet Holifield (Calif.). made against a paragraph of an ap-

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Authorizations Enacted After ANADROMOUS AND GREAT LAKES Reporting Appropriation Bill FISHERIES CONSERVATION For expenses necessary to carry out § 2.21 A point of order against the provisions of the Act of October 30, an item in a general appro- 1965 (16 U.S.C. 757), $2,168,000. priation bill was overruled MR. [DURWARD G.] HALL [of Mis- when it became apparent souri]: Mr. Chairman, I make a point of order against the language on lines that the authorizing legisla- 1 through 3 of page 19 as unauthorized tion had been enacted into for an appropriation. law between the time the ap- THE CHAIRMAN: (5) Does the gentle- propriation bill was reported woman from Washington desire to be and the time it was consid- heard on the point of order? MRS. [JULIA BUTLER] HANSEN of ered in the Committee of the Washington: Yes, I do, Mr. Chairman. Whole. May I say, relative to the Anad- On May 19, 1970,(4) during con- romous and Great Lakes Fisheries Conservation, the bill was signed by sideration in the Committee of the the President of the United States on Whole of the Department of the May 14. Interior appropriation bill for fis- THE CHAIRMAN: The Chair is ready cal 1971 (H.R. 17619) a point of to rule. The language in the bill indicates order was raised against certain that this is under the provisions of the language in the bill as follows: act of October 30, 1965. As the gentlewoman from Washington points out, propriation bill on the ground that the program has recently been reau- the lump-sum figure therein con- thorized—Public Law 91–249. tained, according to the report, funds The Chair overrules the point of for one organization in excess of the order. authorization. Although the point of order was conceded, the language of Repeal of Prior Authorization the bill specified that appropriations in the paragraph were available only § 2.22 An act providing that for ‘‘expenses authorized by the per- notwithstanding any other tinent acts’’ providing for U.S. par- law, ‘‘no appropriation may ticipation in certain organizations, be made to the National Aer- and, under the precedents, the quoted language would limit the onautics and Space Adminis- amount which could be used to the tration unless previously au- amount actually authorized, so that thorized by legislation here- the point of order would not lie. after enacted by the Con- 4. 116 CONG. REC. 16164, 16165, 91st Cong. 2d Sess. 5. Charles M. Price (Ill.).

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gress,’’ was construed to ization for this appropriation did exist at one time, but it was repealed by the have voided all previous au- act of June 15, 1959, Public Law 86– thorizations for appropria- 45, section 4, which reads as follows: tions to that agency; hence Sec. 4. Notwithstanding the provi- an appropriation was held sions of any other law, no appropria- not to be in order since not tion may be made to the National Aeronautics and Space Administra- authorized by law enacted tion unless previously authorized by after the repeal. legislation hereafter enacted by the Congress. On June 29, 1959,(6) during con- This law, Mr. Chairman, was ap- sideration in the Committee of the proved on June 15, 1959. This lan- Whole of a supplemental appro- guage clearly indicates, Mr. Chairman, priation bill (H.R. 7978), a point of that appropriations can be made for items authorized by legislation which order was raised against certain is hereafter enacted, meaning after provisions of the bill: June 15, 1959. Section 4 clearly states that appropriations can be made only The Clerk read as follows: for items authorized after June 15, 1959, hence all previous authorizations RESEARCH AND DEVELOPMENT are voided. . . . For an additional amount for ‘‘Re- THE CHAIRMAN: The gentleman from search and development,’’ fiscal year Iowa has made a point of order against 1959, $18,675,000, to remain avail- that portion of the bill appearing in able until expended. lines 2, 3, and 4, page 4, and has called the attention of the Chair to section 4 MR. [H. R.] GROSS [of Iowa]: Mr. of Public Law 86–45. In view of the Chairman, a point of order. language cited, the Chair sustains the THE CHAIRMAN: (7) The gentleman point of order. will state his point of order. MR. GROSS: Mr. Chairman, I make the point [of] order against the language on page 4, lines 2, 3, and 4, on § 3. Reappropriations the ground that there is no authorization in basic law for this appropriation A House rule states: to be made. No general appropriation bill or In connection with that, I send a amendment thereto shall be received copy of Public Law 86–45 of the 86th or considered if it contains a provision Congress to the Chair. I make the reappropriating unexpended balances of appropriations; except that this pro- point of order on the ground that there vision shall not apply to appropriations is no authorization in basic law for this in continuation of appropriations for appropriation to be made. The author- public works on which work has commenced.(8) 6. 105 CONG. REC. 12125, 86th Cong. 1st Sess. 8. Rule XXI clause 5 (renumbered as 7. Paul J. Kilday (Tex.). clause 6 beginning with the 94th

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The rule is not applicable when provisions which reappropriated the reappropriation language is in a direct manner unexpended identical to legislative authoriza- balances and continued their tion language enacted subsequent availability for the same purpose to the adoption of the rule, since for an extended period of time the law is a more recent expres- were not prohibited by Rule XXI sion of the will of the House.(9) because those provisions did not The precedents in this section contain direct language changing must be compared with those car- existing law by conferring new au- ried in Chapter 26, infra, dis- thority (see, e.g., 4 Hinds’ Prece- cussing transfer of funds affecting dents § 3592; 7 Cannon’s Prece- other appropriations, wherein pro- dents § 1152), and this doctrine visions which sought to authorize was extended even to include re- the transfer of previously appro- appropriations for different pur- priated funds into new accounts poses than those for which origi- for a different purpose have been nally appropriated, if the new ruled out as legislation changing purposes were authorized by law existing law in violation of clause (see, e.g., 7 Cannon’s Precedents 2 Rule XXI. Section 139(c) of the § 1158; § 3.14, infra). Other prece- Legislative Reorganization Act of dents, however, indicate that prior 1946, later incorporated into the to 1946, propositions to make an standing rules as clause 5 (now appropriation payable from funds clause 6) of Rule XXI in 1953, already appropriated for a dif- sought to preclude reappropri- ferent purpose have been ruled ations of unexpended balances, out as legislation (see e.g., 7 Can- which were understood to be legis- non’s Precedents § 1466). Indeed, lative methods (1) for making an on Dec. 14, 1921, Speaker Fred- appropriation available after the erick H. Gillett, of Massachusetts, period in which it may be obli- stated that ‘‘there are several de- gated has expired, or (2) for trans- cisions in print which are conferring to a given appropriation tradictory. There are decisions an amount not needed in another both ways.’’ (7 Cannon’s Prece- appropriation.(10) Prior to 1946, dents § 1158). In light of more recent precedents contained in Congress), House Rules and Manual § 847 (1981). Congress, 79th Cong. 1st Sess., p. 9. See § 3.7, infra. 824, June 19, 1945 (hearing on the 10. See, e.g., summary of hearings, Joint Legislative Reorganization Act of Committee on the Organization of 1946).

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Chapter 26, infra, however, it Generally would appear that the Chair may properly rule out as legislation in § 3.1 An amendment to an ap- violation of clause 2 Rule XXI pro- propriation bill proposing re- visions on a general appropriation appropriation of unexpended bill which confer new authority to balances of appropriations is expend previously appropriated in violation of Rule XXI funds for a new purpose or for un- clause 5 (now clause 6), and authorized projects by inclusion of therefore not in order. language permitting or mandating On July 11, 1955,(12) the Com- transfers between accounts. Both mittee of the Whole was consid- that chapter and this section indi- ering H.R. 7224, a mutual secu- cate that the Chair has on occa- rity appropriation bill. The fol- sion relied upon both clause 2 and lowing provision of the bill was clause 5 of Rule XXI to rule out read: provisions which sought to author- That the following sums are appro- ize the transfer of previously ap- priated, out of any money in the Treas- propriated funds into new ac- ury not otherwise appropriated, for the counts. Despite the conferral of fiscal year ending June 30, 1956. . . . Rule X clause 1(b)(3) in the 93d An amendment was offered as Congress of jurisdiction over indicated below: ‘‘transfers of unexpended bal- Amendment offered by Mr. Whit- ances’’ upon the Committee on ten: Appropriations, that committee On page 1, line 3, strike out the remains restricted by clause 5 word ‘‘appropriated’’ and substitute the (now clause 6) of Rule XXI from word ‘‘reappropriated.’’ including reappropriations of un- Page 1, line 4, strike out the words expended balances of appropria- ‘‘not otherwise’’ and substitute the word ‘‘heretofore.’’ tions in general appropriation bills, and only transfers between The effect of which was to accounts in the same general ap- change the text of the bill to read: propriation bill are permitted (see That the following sums are reappro- Ch. 26, infra, discussion of trans- priated, out of any money in the Treas- fer of funds within the same bill). 12. 101 CONG. REC. 10232, 84th Cong. The return of an unexpended 1st Sess. See also, for example, 106 balance to the Treasury is in Cong. Rec. 6862, 86th Cong. 2d order.(11) Sess., Mar. 29, 1960; 101 Cong. Rec. 8534, 84th Cong. 1st Sess., June 16, 11. See 4 Hinds’ precedents § 3594. 1955.

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ury heretofore appropriated, for the fis- priating unexpended bal- cal year ending June 30, 1956. ances of funds previously ap- A point of order was made as propriated was held in viola- follows: tion of the Legislative Reor-

MR. [OTTO E.] PASSMAN [of Lou- ganization Act of 1946, and isiana]: Mr. Chairman, I make a point not in order for certain mon- of order against the amendment that it itoring activities. is legislation on an appropriation bill. (14) He attempts to appropriate money On Aug. 20, 1951, the Com- heretofore appropriated . . . and it mittee of the Whole was consid- goes beyond the scope of the present ering H.R. 5215, a supplemental legislation. appropriation bill. An amendment MR. [JAMES L.] WHITTEN [of Mis- was offered and a point of order sissippi]: Mr. Chairman, it is my un- was raised as indicated below: derstanding that a rule was had on this bill on legislation included in it. It Amendment offered by Mr. Phillips: is my understanding that money now On page 9, strike out lines 22 and 23 in the Treasury to the credit of the for- and insert in lieu thereof the following: eign-aid program is not all expended. ‘‘For an additional amount, for monitoring activities, to be derived from THE CHAIRMAN: (13) The legislation funds previously appropriated, under consideration is not here under $1,000,000.’’ a special rule. If the gentleman does not care to be heard, the Chair is MR. [CLARENCE] CANNON [of Mis- ready to rule on the point of order. souri]: Mr. Chairman, a point of order. . . . MR. WHITTEN: I have nothing fur- The appropriation is from ‘‘funds ther to add, Mr. Chairman. previously appropriated’’ and therefore THE CHAIRMAN: Rule XXI, clause 5, is tantamount to a reappropriation. is very plain. It provides that— Under amendments to the rules of the No general appropriation or House enacted in the Legislative Reor- amendment thereto shall be received ganization Act of 1946, reappropri- or considered if it contains a provi- ations are not in order on general ap- sion reappropriating unexpended propriation bills. . . . balances of appropriations. THE CHAIRMAN: (15) The Chair is It seems to the Chair that this lan- ready to rule. guage very plainly deals with the The provision in the gentleman’s amendment that has just been offered, amendment providing that the funds and the Chair sustains the point of for monitoring activities are to be de- order. rived from funds previously appropriated is a violation of the Reorga- § Sec. 3.2 An amendment to an appropriation bill reappro- 14. 97 CONG. REC. 10393, 10394, 82d Cong. 1st Sess. 13. Francis E. Walter (Pa.). 15. Edward J. Hart (N.J.).

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nization Act, and therefore the Chair THE CHAIRMAN: Does the gentleman sustains the point of order. from Ohio wish to be heard on the point of order? § 3.3 In an appropriation bill a MR. [CLIFF] CLEVENGER [of Ohio]: I concede the point of order, Mr. Chair- provision that ‘‘the unex- man. pended balance of appropria- THE CHAIRMAN: The Chair thinks tions heretofore reserved for this is legislation on an appropriation moving the International bill. Therefore, the point of order is sustained. Broadcasting Service to the District of Columbia or its § 3.4 A provision in an appro- environs shall remain avail- priation bill permitting an able for such purpose until appropriation previously December 31, 1954,’’ was made in another act to be ruled out, being a reappro- used for a new purpose was priation in violation of Rule conceded to be legislation. XXI clause 5 (now clause 6), On Dec. 11, 1969,(18) during con- the Chair also construing the sideration in the Committee of the language to be legislation in Whole of a bill (H.R. 15209) mak- violation of clause 2 of Rule ing supplemental appropriations XXI. for fiscal year 1970, Mr. H. R. Gross, of Iowa, raised a point of On Mar. 3, 1954,(16) the Com- order against certain language in mittee of the Whole was consid- the bill: ering H.R. 8067, a State, Justice, and Commerce Department appro- MEMBERS’ CLERK HIRE priation. Proceedings were as fol- After June 1, 1970, but without in- lows: creasing the aggregate basic clerk hire monetary allowance to which each MR. [JOHN J.] ROONEY [of New Member and the Resident Commis- York]: Yes, Mr. Chairman. On page 49, sioner from Puerto Rico is otherwise lines 11 to 14, I make a point of order entitled by law, the appropriation for against that language. ‘‘Members’ clerk hire’’ may be used for employment of a ‘‘student congres- THE CHAIRMAN: (17) Will the gen- sional intern’’ in accord with the provi- tleman explain his point of order? sions of House Resolution 416, Eighty- MR. ROONEY: This would make avail- ninth Congress. able into another fiscal year funds appropriated in the current year. There POINT OF ORDER is no authority in law for this. MR. GROSS: Mr. Chairman, I make a point of order against the language on 16. 100 CONG. REC. 2600, 83d Cong. 2d Sess. 18. 115 CONG. REC. 38541, 38542, 91st 17. Leroy Johnson (Calif.). Cong. 1st Sess.

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page 6, beginning with line 11 and balances in violation of Rule through line 18, as being legislation on XXI clause 5 (now clause 6). an appropriation bill. (20) THE CHAIRMAN: (19) Does the gen- On June 20, 1973, during tleman desire to be heard in support of consideration in the Committee of the point of order? the Whole of the Department of MR. GROSS: I thought I made the Transportation appropriation bill point of order, Mr. Chairman. for fiscal 1974 (H.R. 8760), Mr. The Chairman: Does the gentleman George H. Mahon, of Texas, raised from Texas desire to be heard on the a point of order against an point of order? amendment offered by Mr. Silvio MR. [George H.] MAHON [of Texas]: O. Conte, of Massachusetts. Pro- Mr. Chairman, the Committee on Ap- ceedings were as follows: propriations put this legislation in the bill for the purpose of accommodating Amendment offered by Mr. Conte: Members. It is subject to a point of Page 4, after line 23, insert: order, and the point of order is con- RESERVE TRAINING ceded. For all necessary expenses for the THE CHAIRMAN: The gentleman from Coast Guard Reserve, as authorized Texas has conceded the point of order, by law; maintenance and operation and the Chair sustains the point of of facilities; and supplies, equipment, order. and services; $25,000,000: Provided, That amounts equal to the obligated § 3.5 Where the bill providing balances against appropriations for ‘‘Reserve training’’ for the two pre- an annual authorization for ceding years shall be transferred to the Coast Guard Reserve had and merged with this appropriation, and such merged appropriation shall not yet been enacted into be available as one fund, except for law, an amendment to a gen- accounting purposes of the Coast eral appropriation bill con- Guard, for payment of obligations properly incurred against such prior taining funds for Coast year appropriations and against this Guard Reserve training and appropriation. . . . providing that amounts MR. MAHON: Mr. Chairman, I insist equal to prior year appro- on my point of order against the amendment. The amendment, in my priations for that purpose opinion, is legislation on an appropria- should be transferred to that tion bill and the funds are not author- appropriation was held to ized by law, so I make the point of contain an unauthorized ap- order against the amendment. . . . THE CHAIRMAN: (1) The Chair is pre- propriation in violation of pared to rule. Rule XXI clause 2, and a reappropriation of unexpended 20. 119 CONG. REC. 20538, 20539, 93d Cong. 1st Sess. 19. James G. O’Hara (Mich.). 1. John M. Murphy (N.Y.).

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Clause 2, rule XXI, prohibits unau- order against certain language in thorized items from being included in the bill: amendments to a general appropriation bill, and also clause 5, rule XXI, MR. GROSS: Mr. Chairman, I make a has a prohibition against the reappro- point of order against the language on priation of unexpended balances of page 5, lines 1 through 8, inclusive, on sums appropriated in prior years. The the grounds it is not in order on a gen- amendment is subject to a point of eral appropriation bill under clause 5 order for these reasons and the Chair of rule XXI. This language provides for sustains the point of order. the reappropriation of funds previously made available and is not permitted Later Rule as Superseding under the rules of the House—para- Statute graph 5 of rule XXI which reads, in pertinent part, as follows: § 3.6 A provision in the mutual No general appropriation bill or security appropriation bill amendment thereto shall be received or considered if it contains a provi- reappropriating unexpended sion reappropriating unexpended balances was conceded to be balances of appropriations. a reappropriation proscribed It is true that the mutual security by Rule XXI clause 5 (now authorization law authorizes reappro- clause 6), notwithstanding a priation of unexpended balances, but provision in the Mutual Se- that authority was last contained in curity Act of 1955 (§ 548, section 548 enacted in calendar year 1956. Subsequent to that time, and at adopted July 8, 1955, 22 USC the beginning of the 86th Congress, Sec. 1767a) providing that the House adopted rules from which I ‘‘unexpended balances are have just read. Inasmuch as this rule- authorized to be continued making action occurred subsequent to available,’’ since the rules of the latest action by law, and there has the House readopted in 1959 been no enactment by statute on the particular matter during the present contained a later expression Congress, the rules of the House gov- of Congress to the contrary. ern in this situation. Furthermore, it is On June 17, 1960,(2) during con- well settled in the precedents that the sideration in the Committee of the power of the House to make its own rules may not be impaired by a law Whole of the bill (H.R. 12619) passed by a prior Congress. Therefore, making appropriations for the mu- I ask that my point of order be sus- tual security program and related tained. agencies for fiscal 1961, Mr. H. R. MR. [Otto E.] PASSMAN [of Lou- Gross, of Iowa, made a point of isiana]: Mr. Chairman, the gentleman from Iowa [Mr. Gross] was considerate 2. 106 CONG. REC. 13138, 86th Cong. enough to advise us in advance of his 2d Sess. intention to make this point of order.

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He has stated the facts of the matter (now clause 6), since the leg- accurately. I have discussed this point islative authorization bill of order with other Members and we have carefully reviewed the situation. was a more recent expres- Most regretfully I must concede that sion of the will of the House. the point of order is well taken. On Sept. 5, 1961,(4) Mr. H. R. ( ) THE CHAIRMAN: 3 The Chair sus- Gross, of Iowa, raised a point of tains the point of order. order against consideration of a Later Statute as Superseding bill (H.R. 9033) making appropria- Rule tions for foreign assistance and related agencies for fiscal year 1962. § 3.7 Rule XXI clause 5 (now The proceedings were as follows:

clause 6), relating to the re- MR. GROSS: Mr. Speaker, I make a appropriation of unexpended point of order against consideration of balances of appropriations, the bill. is not applicable when the Mr. Speaker, I call the attention of reappropriation language is the Chair to the Rules of the House of identical to the authorization Representatives, 87th Congress, rule XXI, paragraph 5, which reads as fol- language enacted subsequent lows: to adoption of the rule; thus, No general appropriation bill or where the Foreign Assistance amendment thereto shall be received Act of 1961 (Pub. L. No. 87– or considered if it contains a provision reappropriating unexpended 195) specifically provided balances of appropriations; except that ‘‘unexpended balances that this provision shall not apply to of funds made available appropriations in continuation of appropriations for public works on under the Mutual Security which work has commenced. Act of 1954 . . . are hereby Mr. Speaker, the language is explicit authorized to be continued and there is only one exception; that is available for general pur- for public works bills. I submit that poses for which appro- this is not a public works bill. priated,’’ the Speaker pro Mr. Speaker, I call attention of the tempore held that a provi- Chair to the language contained in sion in an appropriation bill H.R. 9033 for which consideration is asked, on page 3 of that bill, lines 8 reappropriating the unex- through 24. pended balances of such Unobligated balances (not to ex- funds was in order, notwith- ceed $50,000,000) as of June 30, standing Rule XXI clause 5 4. 107 CONG. REC. 18133, 87th Cong. 3. Wilbur D. Mills (Ark.). 1st Sess.

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1961, of funds heretofore made avail- may at any time be consolidated, able for military assistance under and, in addition, may be consolidated the authority of the Mutual Security with appropriations made available Act of 1954, as amended, are, except for the same general purposes under as otherwise provided by law, hereby the authority of this act. continued available for the fiscal year 1962 for the same general pur- That is the will of both branches of poses for which appropriated. the Congress as expressed very recently. The language in the pending Further, Mr. Speaker, section 101 on appropriation bill is identical and con- the same page reads: sistent with the authority contained in Amounts certified pursuant to sec- section 645. tion 1311 of the Supplemental Ap- The Chair overrules the point of propriation Act, 1955, as having order, for the reason that the recent been obligated against appropria- act of the Congress makes the actions tions heretofore made under the au- of the Committee on Appropriations thority of the Mutual Security Act of (6) 1954, as amended, for the same gen- pursuant to law. eral purpose as any of the subparagraphs under ‘‘Economic assistance’’ § 3.8 Language in an appro- except the subparagraph of this title priation bill continuing the for ‘‘Administrative expenses,’’ are hereby continued available for the availability of unobligated same period as the respective appro- balances of prior appropria- priations in such subparagraphs for the same general purpose. tions was held in order where provisions of the Mr. Speaker, the language which I original authorizing legisla- have read relates to funds not in the bill and clearly reappropriates unex- tion still in effect had pro- pended balances of appropriations in vided for such a reappropri- violation of the rules of the ation, and a dollar limitation House. . . . in the current authorization THE SPEAKER PRO TEMPORE: (5) The bill was interpreted to be a Chair is prepared to rule. limitation on new appropria- Section 645 of the Foreign Assist- tions only and not to restrict ance Act of 1961, which was passed by both Houses of Congress and signed by 6. Parliamentarian’s Note: The rules of the President yesterday, and is now the House, 87th Congress (including Public Law 87–195, specifically author- Rule XXI clause 5) were adopted on izes: Jan. 3, 1961 (H. Res. 8). The foreign- Unexpended balances of funds aid authorization bill (S. 1983) was made available pursuant to the Mu- signed by the President on Sept. 4, tual Security Act of 1954, as amend- 1961 (becoming Pub. L. No. 87–195). ed, are hereby authorized to be continued available for the general pur- Section 645 of this law contained a poses for which appropriated, and specific authorization for the reappropriation of certain unexpended 5. John W. McCormack (Mass.). balances of mutual security funds.

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the reappropriation of unex- running through the remainder of that pended balances of prior page to and through line 13 on page 4. I made the point of order on the year funds. basis that the authorization bill con- On Sept. 8, 1965,(7) the Com- tains section 649, which reads as fol- mittee of the Whole was consid- lows: ering H.R. 10871, a foreign-aid Sec. 649. Limitation on aggregate appropriation bill for fiscal 1966. authorization for use in fiscal year 1966.—Notwithstanding any other The Clerk read the following por- provision of this Act, the aggregate tion of the bill: of the total amounts authorized to be appropriated for use during the fis- Page 3, line 19: cal year 1966, for furnishing assist- Unobligated balances as of June ance and for administrative expenses 30, 1965, of funds heretofore made under this Act shall not exceed available under the authority of the $3,360,000,000. Foreign Assistance Act of 1961, as amended, except as otherwise pro- Mr. Chairman, I point out that listed vided by law, are hereby continued at the top of page 3 of the committee available for the fiscal year 1966, for report is the ‘‘carryover from prior year the same general purposes for which appropriations,’’ in the amount of appropriated and amounts certified $158,352,000, which is a part of the pursuant to section 1311 of the Sup- unobligated carryover that is con- plemental Appropriation Act, 1955, trolled under the language which I as having been obligated against ap- seek to strike under the point of order. propriations heretofore made under There is further ‘‘deobligations of prior- the authority of the Mutual Security Act of 1954, as amended, and the year obligations’’ listed in the report at Foreign Assistance Act of 1961, as the top of page 3. This is also con- amended, for the same general pur- trolled under the language that I seek pose as any of the subparagraphs to have stricken under the point of under ‘‘Economic Assistance’’ are order. hereby continued available for the Mr. Chairman, it is difficult to find same period as the respective appro- the total amounts of all appropriations priations in such subparagraphs for the same general purpose: Provided, contained in the language to be found That such purpose relates to a on pages 3 and 4, to which I have re- project or program previously justi- ferred, but in order that this bill to be fied to Congress and the Committees made to conform to the new section on Appropriations of the House of that was written into the authorization Representatives and the Senate are bill, which has been signed by the notified prior to the reobligation of President of the United States and is funds for such projects or programs. now law, I submit that the language in MR. [H. R.] GROSS [of Iowa]: Mr. the bill to which I have referred must Chairman, I make a point of order be stricken. against the language appearing on THE CHAIRMAN: (8) Does the gen- page 3, beginning with line 19 and tleman from Louisiana desire to be heard on the point of order? 7. 111 CONG. REC. 23181, 23182, 89th Cong. 1st Sess. 8. Charles M. Price (Ill.).

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MR. [OTTO E.] PASSMAN [of Lou- The Chair, after careful examination isiana]: Yes, Mr. Chairman. of the sections in the conference report It appears to me that we are dealing referred to by the various Members with two different acts. who have commented on this point of Under the authorizing legislation order, is constrained to agree that the there was a ceiling of $3,360 million of language found in the conference renew appropriations. The bill before the port on page 25 referred to authoriza- House calls for only $3,285 million in tions contained in that particular bill new appropriations. Some part of the and pertains only to new money. previous money appropriated is 1-year There is a definite feeling on the funds and does not necessarily carry part of the Chair that it did not per- over, and we are following the lan- tain to carryover funds or to the mak- guage in the authorizing legislation ing available of funds which under sec- itself. tion 645 would remain and continue to I refer to section 645 of the Foreign be available. Assistance Act of 1961 as amended: The Chair feels that section 645 is sufficient to make these carryover Unexpended balances of funds funds in order and the Chair, there- made available pursuant to this Act, the Mutual Security Act of 1954, as fore, overrules the point of order. amended or Public Law 86–735 are hereby authorized to be continued Transfer of Funds available for the general purposes for which appropriated, and may at any time be consolidated, and, in addi- § 3.9 A section in a general ap- tion, may be consolidated with appropriation bill requiring the propriations made available for the availability of funds avail- same general purposes under the authority of this Act. able in other acts for employment of guards for govern- Mr. Passman further made the argument, apparently accepted by ment buildings and confer- the Chair, that since section 645 ring certain powers on those of the Foreign Assistance Act of guards and on the Post- 1961 had not been deleted from master General was con- the current bill in conference, it ceded to be subject to a point appeared the conference intended of order and was ruled out as that the right to continue unobli- in violation of Rule XXI gated funds should remain in the clauses 2 and 5 (clause 5 is authorization. now clause 6). (9) THE CHAIRMAN: The Chair is pre- On Aug. 1, 1973, during con- pared to rule. sideration in the Committee of the The gentleman from Iowa made his Whole of the Treasury, postal point of order against the language on line 19, page 3, and through line 13 on 9. 119 CONG. REC. 27291, 93d Cong. 1st page 4. Sess.

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service, and executive office ap- THE CHAIRMAN: (10) The point of propriations bill (H.R. 9590) for order is conceded and sustained. fiscal 1974, Mr. John D. Dingell, Holman Rule Not Applicable of Michigan, raised a point of order against certain language in § 3.10 A reappropriation of un- the bill: expended balances, prohib- Sec. 610. Funds made available by ited by Rule XXI clause 5 this or any other Act to the ‘‘Building (now clause 6), is not in management fund’’ (40 U.S.C. 490(f)), order on a general appro- and the ‘‘Postal service fund’’ (39 priation bill under the guise U.S.C. 2003), shall be available for employment of guards for all buildings of a Holman rule exception and areas owned or occupied by the to Rule XXI clause 2. United States or the Postal Service On Oct. 18, 1966,(11) the Com- and under the charge and control of mittee of the Whole was consid- the General Services Administration or the Postal Service, and such guards ering H.R. 18381, a supplemental shall have, with respect to such prop- appropriation bill. Proceedings erty, the powers of special policemen were as follows: provided by the first section of the Act Amendment offered by Mr. Bow: On of June 1, 1948 (62 Stat. 281; 40 page 16 after line 3 add a new section U.S.C. 318), but shall not be restricted as follows: to certain Federal property as otherwise required by the proviso contained Sec. 803. Notwithstanding any in said section, and, as to property other provision, appropriations herein, as the President shall determine, owned or occupied by the Postal Serv- shall, not later than 120 days after ice, the Postmaster General may take the date of enactment of this Act, be the same actions as the Administrator reduced in the aggregate by not less of General Services may take under than $1,500,000,000 through substi- the provisions of sections 2 and 3 of tution by reduction and transfer of the Act of June 1, 1948 (62 Stat. 281; funds previously appropriated for governmental activities that the 40 U.S.C. 318a, 318b) attaching there- President, within the aforementioned to penal consequences under the au- 120 days, shall have determined to thority and within the limits provided be excess to the necessities of the in section 4 of the Act of June 1, 1948 services and objects for which appro- (62 Stat. 281; 40 U.S.C. 318c). priated. MR. DINGELL: Mr. Chairman, I MR. [GEORGE H.] MAHON [of Texas]: make, again, the same point of order Mr. Chairman, I make a point of order against the entirety of section 610, be- against this amendment. ginning with line 4 on page 36. MR. [THOMAS J.] STEED [of Okla- 10. Richard Bolling (Mo.). homa]: Mr. Chairman, we concede the 11. 112 CONG. REC. 27425, 89th Cong. point of order. 2d Sess.

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THE CHAIRMAN: (12) The gentleman sion suggested by the distinguished will state his point of order. chairman of the committee that addi- MR. MAHON: The point of order is tional duties are involved. that the amendment goes far beyond Under the Holman rule it is a ques- the scope of this bill and applies to tion of retrenchment of expenditures. funds made available by other laws for The legislation in this amendment is which appropriations are not provided not unrelated to the retrenchment of in the pending measure. expenditures. Instead, it is directly in- I make the further point of order strumental in accomplishing the reduc- that the amendment would obviously tion of expenditures. Thus, the pro- impose additional duties on the Presi- posed retrenchment and the legislation dent. are inseparable and must be consid- THE CHAIRMAN: Does the gentleman ered together. from Ohio wish to be heard on the ‘‘Cannon’s Precedents’’, in volume point of order? VII, 1550 and 1551, holds that an MR. [FRANK T.] BOW [of Ohio]: Yes, amendment may include such legisla- I do wish to be heard, Mr. Chairman. tion as is directly instrumental in ac- With respect to this amendment I complishing the reduction of expendi- shall not repeat the provisions of the tures proposed. That is the precise sit- Holman rule. uation with respect to this pending I believe we have changed the Hol- amendment. man rule today by making it relate to Again I cite ‘‘Cannon’s Precedents,’’ this bill. The previous precedents of volume VII, 1511, which holds that the House have been it must not nec- language admitted under the Holman essarily apply to this particular bill rule is not restricted in its application when there is a retrenchment so, we to the pending bill, and to the June 1, are making new precedents today. 1892, decision, to which I referred be- This is a general appropriation bill fore, of the Committee of the Whole affecting various agencies. Since the and its Chairman, that an amendment amendment also deals with and affects was in order under the Holman rule various appropriations of various agen- even though it changed existing law. cies, it is germane. I say, Mr. Chairman, I believe if this Again, there can be no speculation as to its retrenching Federal expendi- is held to be out of order we will be tures because it reduces appropriations changing the precedents and the rules in this bill—in this bill by $1.5 billion of the House, and we will be destroying and requires the President to fund ac- the Holman rule. tivities in this bill from previously ap- I urge the Chair to overrule the propriated funds that are excess to the point of order. necessities of the services and objects THE CHAIRMAN: The Chair is pre- for which appropriated. pared to rule. I point out again that the Holman The amendment offered by the gen- rule does not go along with the deci- tleman from Ohio specifies that appropriations herein, as the President shall 12. James G. O’Hara (Mich.). determine, shall be reduced in the ag-

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gregate by not less than $1.5 billion. proposition reduced the number of This reduction would be achieved by Army officers and provided the method authorizing and directing the Presi- by which the reduction should be ac- dent to utilize previously appropriated complished. It was an amendment, as funds for the activities carried in this it appears in the citation, to a War De- bill. partment appropriation bill and was The Chair feels that the amendment therefore germane in spite of whatever is clearly legislation. It places addi- the general proposition in the heading tional determinations and duties on may have stated. the President and involves funds other For the reasons given, the Chair will than those carried in this bill. sustain the point of order made by the gentleman from Texas. Therefore, if the amendment were to be permitted it would have to qualify, as the gentleman has attempted to Limitation of Funds in Bill so qualify it, under the Holman exception, Long as Previously Appro- under the Holman rule, rule XXI, priated Funds Remain Unex- clause 2. pended In the opinion of the Chair, the Hol- man exception is inapplicable in this § 3.11 To an appropriation bill, instance for three reasons. an amendment providing First, the payment from a fund al- that no part of the funds ready appropriated of a sum which therein should be available otherwise would be charged against the Treasury has been held not to be a for expenditure so long as retrenchment of expenditures under the funds theretofore appro- the Holman rule. priated for such purpose and Chairman Hicks, of New York, ruled unexpended exceeded three to the same effect when a proposition billion dollars, was held to be involving the Holman rule was before a proper limitation and not the House on January 26, 1921. an affirmative reappropri- Second, it seems to the Chair that the language proposed by the gen- ation of unexpended bal- tleman from Ohio (Mr. Bow) authorizes ances. the reappropriation of unexpended bal- On July 11, 1955,(13) the Com- ances, a practice prohibited by clause 5 mittee of the Whole was consid- of rule XXI. ering H.R. 7224, a mutual secu- Third, the amendment goes to funds other than those carried in this bill rity appropriation bill. The fol- and is not germane. lowing proceedings took place: With respect to the latter point and Provided further, That no part of any the citation that has been given by the appropriation contained in this act gentleman from Ohio, which is found in the precedents of the House, volume 13. 101 CONG. REC. 10235, 84th Cong. VII, 1511, the Chair will note that the 1st Sess.

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shall be available for expense of trans- which prohibited it,(15) the portation . . . and unpacking of house- hold goods and personal effects in ex- reappropriation of funds car- cess of an average of 5,000 pounds net ried in a prior appropriation but not exceeding 9,000 pounds net in bill for purposes authorized any one shipment, but the limitations imposed herein shall not be applicable by law was held in order on in the case of employees transferred to an appropriation bill. or serving in stations outside the conti- (16) nental United States under orders re- On Dec. 6, 1944, the Com- lieving them from a duty station with- mittee of the Whole was consid- in the United States prior to August 1, ering H.R. 5587, a supplemental 1953. appropriation bill. An amendment MR. [JAMIE L.] WHITTEN [of Mis- sissippi]: Mr. Chairman, I offer an was offered and a point of order amendment. raised as indicated below: The Clerk read as follows: Amendment offered by Mr. Tarver: Amendment offered by Mr. Whit- On page 19, line 3, insert: ten: On page 9, after line 9, add the following: ‘‘Provided, That no part of ‘‘CONSERVATION AND USE OF the funds herein appropriated shall AGRICULTURAL LAND RESOURCES be available for expenditure so long as the funds heretofore appropriated ‘‘The funds appropriated in the De- for such purposes and unexpended partment of Agriculture Appropriation by the Mutual Security Administra- Act, 1945, under the head ‘Conserva- tion exceed $3 billion.’’ tion and Use of Agricultural Land Re- sources,’ notwithstanding any alloca- MR. [OTTO E.] PASSMAN [of Lou- isiana]: Mr. Chairman, I make the tion thereof heretofore made by depart- point of order against the amendment mental order, may be used to discharge that it is legislation on an appropria- in full payments and grants earned by tion bill and that it attempts to re- farmers in carrying out authorized soil appropriate money previously appro- and water conservation practices.’’ priated. . . . MR. [JOHN] TABER [of New York]: THE CHAIRMAN: (14) As the Chair un- Mr. Chairman, I make the point of derstands it, the amendment provides order against the amendment that it is a very definite limitation to this appro- legislation on an appropriation bill and priation. In the opinion of the Chair it that it changes existing law. is merely a limitation and therefore overrules the point of order. 15. Act of Aug. 2, 1946, Ch. 753, § 139(c), 60 Stat. 833; Rule XXI clause 6, Reappropriations Permitted House Rules and Manual § 847 Prior to Legislative Reorga- (1981). nization Act of 1946 16. 90 CONG. REC. 8941, 8942, 78th Cong. 2d Sess. See also 89 CONG. § 3.12 Prior to the Legislative REC. 1068–70, 78th Cong. 1st Sess., Reorganization Act of 1946 Feb. 17, 1943; 81 CONG. REC. 3799, 3800, 75th Cong. 1st Sess., Apr. 23, 14. Francis E. Walter (Pa.). 1937.

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It is apparent from the reading of it the United States shall aid the States that if it were not legislation, there in the construction of rural post roads, would be no occasion for offering it, and for other purposes’’, approved July that if it did not require legislation to 11, 1916 (39 Stat., pp. 355–359), and permit the reallocation of these funds all acts amendatory thereof and sup- there is no reason why the Department plementary thereto, to be expended in would not have done it before. There accordance with the provisions of said would be nothing to stop it. So it is act, as amended, including not to ex- perfectly apparent that this is legislation. . . . ceed $556,000 for departmental personal services in the District of Colum- THE CHAIRMAN: (17) The Chair holds that this is a reappropriation of for- bia, $60,000,000 to be immediately merly appropriated money, so as to available and to remain available until carry out existing law and, therefore, expended, which sum is part of the overrules the point of order. sum of $125,000,000 authorized to be appropriated for the fiscal year 1936, § 3.13 Prior to the Legislative by section 4 of the act approved June Reorganization Act of 1946 18, 1934 (48 Stat. 994). . . . MR. [JOHN] TABER [of New York]: which prohibited reappropri- Mr. Chairman, I offer an amendment, ( ) ations, 18 the reappropri- which I send to the desk. ation of unobligated or unex- The Clerk read as follows: pended balances for pur- Amendment offered by Mr. Taber: poses authorized by law was On page 70, line 24, after ‘‘$60,000,000’’, insert the following: in order, even though for dif- ‘‘of the unobligated balances of funds ferent purposes than those allocated for other purposes than for which originally appro- road and grade-crossing eliminations appropriated by Public Resolution priated. No. 11, Seventy-fourth Congress, ap- On Feb. 28, 1936,(1) the Com- proved April 8, 1935.’’ mittee of the Whole was consid- MR. [WILLIAM M.] WHITTINGTON [of ering H.R. 11418, an Agriculture Mississippi]: Mr. Chairman, I make a Department appropriation bill. point of order that it is legislation The following portion of the bill upon an appropriation. . . . was under consideration: MR. TABER: Mr. Chairman, the gentleman is clearly in error, because this FEDERAL-AID HIGHWAY SYSTEM is a pure reappropriation of funds that For carrying out the provisions of were appropriated under the act of the act entitled ‘‘An act to provide that April 8, 1935, out of unobligated balances other than those providing for 17. Herbert C. Bonner (N.C.). the elimination of grade crossings and 18. Act of Aug. 2, 1946, Ch. 753, § 139(c), roads. It involves a reappropriation 60 Stat. 833; Rule XXI clause 6, only. . . . House Rules and Manual § 847 THE CHAIRMAN: (2) The Chair is (1981). ready to rule. 1. 80 CONG. REC. 2987, 74th Cong. 2d Sess. 2. Jere Cooper (Tenn.).

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The amendment offered by the gen- of the bill H.R. 6958, an Interior tleman from New York [Mr. Taber] Department appropriation. seeks to reappropriate certain unobligated funds heretofore appropriated. For administrative expenses on account of the above projects, including The Chair has before him a syllabus personal services and other expenses which is directly applicable to the in the District of Columbia and in the point raised. It may be found in Can- field, $750,000, in addition to and for non’s Precedents, section 1158, and is the same objects of expenditure as are as follows: hereinbefore enumerated in para- The reappropriation of unexpended graphs 2 and 3 under the caption ‘‘Bu- balances for purposes authorized by reau of Reclamation’’; in all, law is in order, even though for dif- $9,500,000, to be immediately avail- ferent purposes than those for which able: Provided, That of this amount not originally appropriated. to exceed $75,000 may be expended for The Chair thinks, therefore, that the personal services in the District of Co- amendment is in order, and overrules lumbia: Provided further, That the un- the point of order. expended balances of the amounts appropriated from the Reclamation Fund, § 3.14 Prior to the Legislative Special Fund, under the caption ‘‘Bu- reau of Reclamation, Construction,’’ in Reorganization Act of 1946 the Interior Department Appropriation ( ) which prohibited it, 3 the re- Act, fiscal year 1937, shall remain appropriation of an unex- available for the same purposes for the pended balance could be fiscal year 1938. made in a general appropria- MR. [JOHN] TABER [of New York]: Mr. Chairman, I make the point of tion bill; but a reappropri- order against the language on page 79, ation of an unexpended bal- line 4, beginning with the word ‘‘Pro- ance, to be applied to vided’’ down to the end of the para- projects unauthorized by graph. law, was not in order. Mr. Chairman, this includes a lot of allotments to irrigation projects, which On May 17, 1937,(4) the Com- would expire on the 30th of June, mittee of the Whole was consid- amounting to $33,000,000. As I under- ering for amendment a paragraph stand, a great many of them have not been authorized by law. There is included, amongst others, the Gila 3. Act of Aug. 2, 1946, Ch. 753, § 139(c), project that was ruled out on a point of 60 Stat. 833; Rule XXI clause 6, order previously. . . . House Rules and Manual § 847 THE CHAIRMAN: (5) The Chair is (1981). ready to rule. . . . 4. 81 CONG. REC. 4684, 4685, 75th The Chair invites attention to the Cong. 1st Sess. See also 91 CONG. fact it is obvious that quite a number REC. 2370, 79th Cong. 1st Sess., Mar. 16, 1945. 5. Jere Cooper (Tenn.).

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of projects are sought to be covered by remain available for the pur- the provision here contained. The pose for which allotted dur- Chair feels that under the rule cited by the gentleman from Nevada there can ing the fiscal year 1939 was be no question but what unappropri- held in order under the prin- ated balances may be reappropriated, ciple relating to ‘‘works in but the Chair is unable to see how this progress.’’ rule meets the situation here pre- (6) sented, because the question here is On Mar. 2, 1938, the Com- whether or not these various projects mittee of the Whole was consid- have been authorized by law. The ering the following paragraph of Chair feels the burden of proof is on H.R. 9621, an Interior Depart- those supporting the projects and the ment appropriation: provision contained in the bill to make some satisfactory showing, to the effect The Public Works Administration al- that the projects have been authorized. lotments made available to the Depart- The Chair invites attention to the fact ment of the Interior, Bureau of Rec- that such a showing has not been lamation, pursuant to the National In- made. It follows, therefore, that the dustrial Recovery Act of June 16, 1933, language to which the point of order either by direct allotments or by trans- has been made, in the opinion of the fer of allotments originally made to an- Chair, would be legislation on an ap- other Department or agency, and the propriation bill, a proper showing not allocations made to the Department of having been made that these items the Interior, Bureau of Reclamation, have been authorized by law. from the appropriation contained in The Chair is of the opinion this pro- the Emergency Relief Appropriation vision is not in order and, therefore, Act of 1935 and the Emergency Relief sustains the point of order. Appropriation Act of 1937, shall remain available for the purposes for Works in Progress which allotted during the fiscal year 1939. § 3.15 Language in an appro- MR. [JOHN] TABER [of New York]: priation bill providing that Mr. Chairman, I make the point of order against the paragraph upon the the Public Works Adminis- ground that it is not authorized by tration allotments (made law. available to the Bureau of THE CHAIRMAN: (7) Does the gen- Reclamation, pursuant to the tleman from Nevada desire to be heard National Industrial Recovery on the point of order? Act, either by direct allot- MR. [JAMES G.] SCRUGHAM [of Ne- ments or by transfer of allot- vada]: Mr. Chairman, the unexpended

ments originally made from 6. 83 CONG. REC. 2706, 2707, 75th the Emergency Relief Appro- Cong. 3d Sess. priation Act of 1937) should 7. Marvin Jones (Tex.). 5024

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balances proposed to be appropriated priation of unexpended balances by this paragraph are lawful projects except with respect to appropria- which have qualified as being in order tions in connection with appro- under the rules of the House for one or more of the following reasons: priations for public works on First. That they are for improve- which work has commenced), ments of existing projects. clause 2 of Rule XXI, in effect on Second. That the work on them is in the date of this decision, likewise progress. precluded appropriations for pur- Third. That there has been a finding poses not authorized by law un- of feasibility by the President, which less in continuation of appropria- automatically authorizes appropriations, as provided by the reclamation tions for public works and objects law, title 43, sections 412, 413, and already in progress. Thus this de- 414. cision stands for the proposition THE CHAIRMAN: The gentleman from that reappropriations of unex- Nevada states that all of these projects pended balances may be included are already under way and that this on general appropriation bills at paragraph simply reappropriates money already available. least if made for the same unau- MR. TABER: These allotments have thorized public works in progress been made for all sorts of projects not for which originally made. For a authorized by law, and yet the adop- discussion of precedents involving tion of this provision would authorize public works in progress, see every project that has not yet been au- Chapter 26, infra (including a thorized for which an allotment has been made. similar ruling made on May 13, THE CHAIRMAN: The gentleman 1941, discussed in that chapter). states that these projects are already under way. MR. TABER: That would not author- § 4. Appropriations in Leg- ize them. islative Bills THE CHAIRMAN: It authorizes reappropriation of appropriations heretofore made if the work is in progress. A House rule provides: The Chair, therefore, overrules the No bill or joint resolution carrying point of order. appropriations shall be reported by any Parliamentarian’s Note: While committee not having jurisdiction to this decision predates the enact- report appropriations, nor shall an ment of clause 5 (now clause 6) of amendment proposing an appropriation be in order during the consider- Rule XXI as part of the Legisla- ation of a bill or joint resolution re- tive Reorganization Act of 1946 ported by a committee not having that (which rule prohibits the reappro- jurisdiction. A question of order on an

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appropriation in any such bill, joint an appropriation already resolution, or amendment thereto may made for one purpose to an- be raised at any time.(8) other is not in order. Rulings on points of order under On Apr. 7, 1936,(12) the House the above provision have fre- was considering H.R. 12037, the quently depended on whether lan- tobacco compact bill. A point of guage allegedly making an appro- order was raised and, after de- priation was in fact merely lan- bate, Speaker Joseph W. Byrns, of guage authorizing an appropria- Tennessee, ruled as follows: tion.(9) For example, language in a bill authorizing an appropriation THE SPEAKER: The Chair is ready to of not less than a certain amount rule. for a specified purpose has been The gentleman from Michigan [Mr. (10) Mapes] makes a point of order against held not to be an appropriation. section 7(a), which reads as follows: Points of order under this rule, For the purpose of administering while in order ‘‘at any time,’’ are this act the Secretary of Agriculture received at any time while the is hereby authorized to expend amendment or provision of the bill $300,000, or so much thereof as may be necessary for that purpose, out of is pending under the five-minute funds appropriated by section 12(a) rule. See discussion in notes at of the Agricultural Adjustment Act, House Rules and Manual § 846 as amended. (1981), citing decision of Mar. 18, The gentleman from Michigan calls 1946. attention to clause 4 of rule XXI, which Points of order based on the provides: above rule have sometimes been No bill or joint resolution carrying (11) appropriations shall be reported by waived by resolution. any committee not having jurisdiction to report appropriations, nor Generally shall an amendment proposing an appropriation be in order during the consideration of a bill or joint resolu- § 4.1 Language in a bill re- tion reported by a committee not ported by a legislative com- having that jurisdiction. A question mittee reappropriating, mak- of order on an appropriation in any such bill, joint resolution, or amending available or diverting an ment thereto may be raised at any appropriation or a portion of time. The question, of course, arises as to 8. Rule XXI clause 5, House Rules and whether or not an appropriation made Manual § 846 (1981). by a preceding Congress or by this 9. See §§ 4.34 et seq., infra. 10. See § 4.34, infra. 12. 80 CONG. REC. 5108, 5109, 74th 11. See § 4.3, infra. Cong. 2d Sess.

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Congress for a particular purpose may Provided further, That out of reve- be diverted for another purpose not nues from and appropriations for the contemplated at the time the appro- Alaska Railroad, there is authorized to priation was made, under the rule be used such amount thereon as may which the Chair has just read. be necessary for the purchase of prop- The gentleman from Michigan has erty of the Mount McKinley Tourist & read rulings which were made in the Transportation Company, and the pur- Seventy-third Congress, first session, chase, construction, operation and in which it is said— maintenance of the facilities for the Language reappropriating, making public as herein authorized. available or diverting an appropria- (13) tion or a portion of an appropriation Thus, on Mar. 6, 1940, a already made for one purpose to an- Member raised a point of order other is not in order. against the language quoted above Of course, we all know that the Com- during consideration of H.R. 4868, mittee on Agriculture is not authorized a bill concerning Mount McKinley under the rules to report appropria- National Park. The following ex- tions. In the opinion of the Chair it is change took place: very clear, in a reading of the section referred to, that the language con- MR. [EVERETT M.] DIRKSEN [of Illi- stitutes a diversion of funds heretofore nois]: Mr. Chairman, I rise to a point made by the Congress for an entirely of order. different purpose and, therefore, sus- THE CHAIRMAN: (14) The gentleman tains the point of order of the gen- will state it. tleman from Michigan [Mr. Mapes] MR. DIRKSEN: I make the point of against section 7(a). order against the entire bill on the ground that the provisions beginning Portion of Bill Subject to Point in line 23, on page 2, are in contraven- of Order tion of the rule prohibiting appropriations in a bill for legislative purposes. § 4.2 Rule XXI clause 4 (subse- MR. [ROBERT A.] GREEN [of Florida]: quently clause 5) is limited Mr. Chairman, I concede the point of in application to the objec- order and desire to offer an amend- tionable language in a bill ment. MR. [JOHN] TABER [of New York]: and not to the bill in its en- But, Mr. Chairman, under the point of tirety. order the bill goes out. The rule cited above has been MR. [SAM] RAYBURN [of Texas]: Oh, held to disallow the following lan- no; it does not go out. The enacting guage in a bill reported by a legis- clause is still there, and anyone has

lative committee, without at the 13. 86 CONG. REC. 2457, 76th Cong. 3d same time disallowing the remain- Sess. der of the bill: 14. A. Willis Robertson (Va.). 5027

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authority to offer any amendment that to move that the House resolve itself he desires under the rules of the into the Committee of the Whole House. House on the State of the Union for the consideration of the bill (H.R. THE CHAIRMAN: The Chair is pre- 5404) to amend the National Science pared to rule. Foundation Act of 1950 to make This provision comes under clause 4 changes and improvements in the or- of rule XXI, which, in effect, prohibits ganization and operation of the appropriations being made by commit- Foundation, and for other purposes, tees not having jurisdiction over appro- and all points of order against said priations. Beginning with line 23 on bill are hereby waived. After general page 2 of the bill provision is made for debate, which shall be confined to the bill and shall continue not to ex- an appropriation. Therefore, the point ceed one hour, to be equally divided of order is sustained. and controlled by the chairman and ranking minority member of the Waiver of Points of Order Committee on Science and Astronau- tics, the bill shall be read for amendment under the five-minute rule. At § 4.3 Consideration of a legisla- the conclusion of the consideration of tive bill has sometimes taken the bill for amendment, the Com- place pursuant to a resolu- mittee shall rise and report the bill to the House with such amendments tion waiving points of order as may have been adopted, and the against the bill, when a pro- previous question shall be considered as ordered on the bill and amend- vision in the bill could con- ments thereto to final passage with- stitute an appropriation in out intervening motion except one violation of Rule XXI clause 4 motion to recommit. . . . (now clause 5). MR. [DURWARD G.] HALL [of Mis- On Apr. 12, 1967,(15) a Member souri]: Mr. Speaker. . . . addressed Speaker John W. I wonder if the gentleman can explain to the House why in line 7, page McCormack, of Massachusetts, as 1, House Resolution 411, all points of follows: order against the bill are waived in the MR. [CLAUDE D.] PEPPER [of Florida]: wisdom of the committee? Mr. Speaker, by direction of the Com- MR. PEPPER: I will ask the distin- mittee on Rules, I call up House Reso- guished author of the bill, the gen- lution 411 and ask for its immediate tleman from Connecticut [Mr. consideration. Daddario], if he will make the response The Clerk read the resolution, as fol- to the able gentleman from Missouri, lows: and I yield to him for that purpose. MR. [EMILIO Q.] DADDARIO: Mr. H. RES. 411 Speaker, I thank the gentleman for Resolved, That upon the adoption yielding. I would advise the gentleman of this resolution it shall be in order from Missouri that on page 17, line 12, section (g), there is reference to the 15. 113 CONG. REC. 9121–23, 9134, 90th transfer of funds from one department Cong. 1st Sess. to another.

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[Note: the language referred to lution 117 as may be necessary to prosecute and complete such works sought to permit funds available or improvements.’’ to any department of the government for scientific research to be MR. [JOSEPH J.] MANSFIELD [of transferred to the National Texas]: Mr. Chairman, I desire to make a point of order to the amend- Science Foundation under certain ment. As I understand the amend- conditions.] ment, it is the equivalent of an appropriation. It applies to a matter not Transfer or Diversion of Funds within the jurisdiction of this com- to New Purposes mittee. We have no jurisdiction over legislation of the Public Works Admin- § 4.4 The diversion or reappro- istration. Furthermore, I consider that priation of funds to a new amendment as an appropriation. . . . purpose is an appropriation MR. [JOHN J.] O’CONNOR [of New and is therefore not in order York]: Mr. Chairman, as I heard the amendment read, it makes an appro- on a rivers and harbors bill. priation, because it directs the Admin- On Apr. 8, 1935,(16) the Com- istrator of Public Works to allocate mittee of the Whole was consid- part of the funds already appropriated ering H.R. 6732, a bill dealing for these specific purposes. This is at with the construction, repair, and least a reappropriation and comes within the rule forbidding appropria- preservation of public works on tions coming from legislative commit- rivers and harbors. An amend- tees. . . . ment was offered and a point of THE CHAIRMAN: (17) . . . This bill, of order raised as indicated below: course, cannot carry an appropriation. The gentleman offers an amendment to MR. [JAMES W.] MOTT [of Oregon]: Mr. Chairman, I offer an amendment, the effect that the Administrator of which is on the Clerk’s desk. Public Works is hereby directed to allot The Clerk read as follows: and make available for the prosecution of such authorized works of improve- Amendment offered by Mr. Mott: ment on rivers and harbors and other On page 1, line 9, after the word ‘‘documents’’, change the colon to a waterways such sum or sums from the period and add the following: ‘‘The funds provided in House Joint Resolu- Administrator of Public Works is tion 117. hereby directed to allot and make This, clearly, is a diversion of funds available for the prosecution of said already appropriated, which is tanta- authorized works of improvement of rivers and harbors and other water- mount, in the opinion of the Chair, to ways, such sum or sums out of the an appropriation. funds provided in House Joint Reso- The Chair, therefore, sustains the point of order. 16. 79 CONG. REC. 5277, 5278, 74th Cong. 1st Sess. 17. William W. Arnold (Ill.).

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§ 4.5 Language in a legislative transfer of personnel under this section bill to reorganize the govern- shall be without change in classification or compensation . . . Provided ment, providing for the further, That such of the personnel so transfer of unexpended bal- transferred who do not already possess ances of appropriations and a classified civil-service status shall making such funds available not acquire such status by reason of for expenditure, was held to such transfer. . . . be an appropriation in viola- Sec. 307. There is authorized to be appropriated, out of any money in the tion of Rule XXI clause 4 Treasury not otherwise appropriated (now clause 5). such sums as may be necessary to On Apr. 8, 1938,(18) the Com- carry out the provisions of this title. mittee of the Whole was consid- Sec. 308. The provisions of this title ering S. 3331, a government reor- shall become effective 60 days after its enactment. ganization bill. At different points MR. [JOHN] TABER [of New York]: the Clerk read two sections as fol- Mr. Chairman, I make a point of order lows, and proceedings ensued as against the words beginning in line 4, indicated below: of page 57, ‘‘and such of the unexpended balances of appropriations Sec. 410. Such of the personnel of available to the General Accounting the General Accounting Office em- Office for the exercise of such func- ployed in connection with the functions tions’’; and then, beginning in line 10, exercised by the General Accounting ‘‘and any unexpended balances of ap- Office through the Audit Division of propriations so transferred shall here- that Office, and such of the unex- after be available to the auditor gen- pended balances of appropriations eral for the purpose of exercising the available to the General Accounting functions of his office and for otherwise Office for the exercise of such func- carrying out the provisions of this tions, as the President shall deem to title.’’ be necessary to enable the Auditor MR. FRED M. VINSON [of Kentucky]: General to exercise the functions vest- Mr. Chairman, I concede the point of ed in and imposed upon him by this order. title, are transferred to the office of the THE CHAIRMAN: (19) The Chair sus- Auditor General, and any unexpended tains the point of order on the ground balances of appropriations so trans- that it is in conflict with clause 4 of ferred shall hereafter be available to Rule XXI and the language to which the Auditor General for the purpose of the point of order is addressed is exercising the functions of his office stricken from the title. and for otherwise carrying out the provisions of this title: Provided, That the Subsequently in the proceedings, a point of order based on 18. 83 CONG. REC. 5083–98, 75th Cong. 3d Sess. 19. John W. McCormack (Mass.).

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the same grounds was sustained ering S. 1717, the Atomic Energy against the following language: Act of 1946. At one point the Sec. 420. Such portions of the unex- Clerk read as follows, and pro- pended balances of appropriations or ceedings ensued as indicated other funds available for the United below: States Civil Service Commission, the offices of the Civil Service Commis- APPROPRIATIONS sioners, and all other offices of such Sec. 18. (a) There are hereby author- Commission, as the President shall ized to be appropriated such sums as deem necessary, are transferred to the may be necessary and appropriate to Administration. Unexpended balances carry out the provisions and purposes of appropriations or other funds avail- of this act. The acts appropriating such able for such Commission or offices, sums may appropriate specified por- not so transferred pursuant to the tions thereof to be accounted for upon President’s determination under this section, shall be impounded and re- the certification of the Commission turned to the Treasury. only. Funds appropriated to the Com- mission shall, if obligated by contract § 4.6 A provision in a bill re- during the fiscal year for which appropriated, remain available for expendi- ported by a legislative com- ture for 4 years following the expira- mittee providing that such tion of the fiscal year for which appro- part as the President might priated. After such 4-year period, the determine of the unexpended unexpended balances of appropriations balances of appropriations, shall be carried to the surplus fund allocations, or other funds and covered into the Treasury. (b) Such part as the President may available for expenditure in determine of the unexpended balances connection with the Manhat- of appropriations, allocations, or other tan Engineer District were funds available for expenditure in con- transferred to the commis- nection with the Manhattan Engineer sion and were to be available District are hereby transferred to the Commission and shall be available for for expenditure for carrying expenditure for the purpose of carrying out the provisions of the act out the provisions of this act. was held to be an appropria- MR. [FRANCIS H.] CASE [of South Da- tion in violation of Rule XXI kota]: Mr. Chairman, I make a point of clause 4 (now clause 5), and order against subparagraph (b) on not in order. page 52, lines 18 to 23, inclusive, on the ground that it constitutes an ap- ( ) On July 20, 1946, 20 the Com- propriation and may not be reported by mittee of the Whole was consid- the Committee on Military Affairs, which is without jurisdiction to report 20. 92 CONG. REC. 9554, 9555, 79th appropriations. I am constrained to Cong. 2d Sess. make this point of order, Mr. Chair-

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man, for two or three reasons. The ap- transfer of personnel, propriations now carried in the War records, and the like, author- Department appropriation bill for ity to transfer ‘‘unexpended $375,000,000 were made in a larger amount than would have been made balances of appropriations, for 1 year only because the Budget re- allocations, and other funds quest was for only $200,000,000. The available,’’ was ruled out as additional $175,000,000 was added in an appropriation reported place of contractual authorizations for from a legislative committee obligations to mature in fiscal 1948. The total appropriation was made for in violation of Rule XXI the military features of the atomic clause 4 (now clause 5). service. It is now proposed that these On July 30, 1957,(2) the Com- appropriations be transferred for the mittee of the Whole was consid- purpose of carrying out the provisions of this act, which is much broader, pro- ering S. 1865, a bill providing for viding for loans, providing for the de- the development and moderniza- velopment of civilian production and li- tion of the national system of censing, and many other features not navigation and traffic control fa- contemplated in the appropriations for cilities to serve present and future the Military Establishment. Con- needs of civil and military avia- sequently, this paragraph constitutes tion. At one point the Clerk read an appropriation, and I make the point of order that it may not be reported in as follows: this bill. TRANSFER OF RELATED FUNCTIONS THE CHAIRMAN: (1) Does the gentleman from Kentucky desire to be Sec. 4. The Board, upon unanimous heard on the point of order? decision and with approval of the President, may transfer to itself any MR. [ANDREW J.] MAY [of Kentucky]: I do not, Mr. Chairman. functions (including powers, duties, activities, facilities, and parts of func- THE CHAIRMAN: The Chair is ready tions) of the Departments of Defense or to rule. In the opinion of the Chair, the Commerce or of any officer or organiza- language referred to by the gentleman tional entity thereof which relate pri- from South Dakota, beginning on line marily to selecting, developing, testing, 18, page 52, and extending through or evaluating systems, procedures, fa- line 23, is in violation of clause 4 of cilities, or devices for safe and efficient rule 21. Therefore, the Chair sustains air navigation and air traffic control. the point of order. In connection with any such transfer, the President may provide for appro- § 4.7 To a bill establishing an priate transfers of records, property, Airways Modernization necessary civilian personnel, and unex- Board and providing for 2. 103 CONG. REC. 13056, 85th Cong. 1. Wilbur D. Mills (Ark.). 1st Sess.

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pended balances of appropriations, al- § 303(c) [of the Higher Edu- locations, and other funds available or cation Act] to provide capital to be made available of the officers, department, or other agency from which for the fund,’’ was held to the transfer is made. constitute an appropriation MR. [FRANK T.] BOW [of Ohio]: Mr. and was ruled out as a viola- Chairman, a point of order. tion of Rule XXI clause 4 THE CHAIRMAN: (3) The gentleman (now clause 5). will state it. On May 18, 1966,(4) during con- MR. BOW: Mr. Chairman, I make the point of order against the language in sideration in the Committee of the section 4, page 7, beginning on line 12, Whole of the Participation Sales reading ‘‘and unexpended balances of Act of 1966 (H.R. 14544) a point of appropriations, allocations, and other order was raised against a provi- funds available or’’ as being an appro- sion thereof, as follows: priation on a legislative bill. THE CHAIRMAN: Does the gentleman REVOLVING LOAN FUND from Arkansas desire to be heard on the point of order? ‘‘Sec. 305. (a) There is hereby created within the Treasury a separate fund MR. [OREN] HARRIS [of Arkansas]: for higher education academic facilities Mr. Chairman, we concede the point of loans (hereafter in this section called order. ‘‘the fund’’) which shall be available to THE CHAIRMAN: The Chair is pre- the Commissioner without fiscal year pared to rule. The Chair has examined limitation as a revolving fund for the the language to which the point of purposes of this title. The total of any order has been made, and after consid- loans made from the fund in any fiscal eration finds that the language is ob- year shall not exceed limitations speci- noxious to clause 4 of rule 21 of the fied in appropriation Acts. House and therefore sustains the point of order. ‘‘(b)(1) The Commissioner is authorized to transfer to the fund available § 4.8 In a bill reported from appropriations provided under section 303(c) to provide capital for the fund. the Committee on Banking All amounts received by the Commis- and Currency, providing sioner as interest payments or repay- inter alia, a revolving fund in ments of principal on loans, and any the Treasury for higher edu- other moneys, property, or assets de- cation facility loans, a provi- rived by him from his operations in sion authorizing the Commis- connection with this title, including any moneys derived directly or indi- sioner of Education to rectly from the sale of assets, or bene- ‘‘transfer to the fund avail- ficial interests or participations in as- able appropriations under 4. 112 CONG. REC. 10913, 10918, 89th 3. George H. Mahon (Tex.). Cong. 2d Sess.

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sets of the fund, shall be deposited in the gentleman from Texas, but is of the fund. . . .’’ the opinion that since this language di- MR. [CHARLES R.] JONAS [of North rects a transfer of available appropria- Carolina]: Mr. Chairman, I make a tions it is in fact in violation of rule point of order against the language on XXI; and therefore sustains the point page 8 of the bill, lines 5, 6, and 7 of order. through the word ‘‘fund.’’ The point is based upon my feeling that the lan- § 4.9 Where a legislative bill guage violates rule XXI, clause 4, of (reported from the Com- the Rules of the House of Representa- mittee on Banking and Cur- tives. rency) authorized certain MR. [WRIGHT] PATMAN [of Texas]: government agencies that ex- Mr. Chairman, I desire to be heard on the point of order. tend credit to individuals to The appropriations referred to are use any appropriated funds future appropriations authorized and or other amounts available to be made for the specific purpose of to them for certain new pur- making the transfers here authorized. poses specified in the bill, This is not a case of changing the ob- the provision was conceded ject of past appropriations, and the point of order should be overruled. to be in violation of Rule XXI That refers to section 303(c), which I clause 4 (now clause 5). have before me now. It provides: On May 18, 1966,(6) the Com- For the purpose of making pay- mittee of the Whole was consid- ments into the fund established under section 305, there is hereby ering H.R. 14544, the Participa- authorized to be appropriated . . . . tion Sales Act of 1966. At one point the Clerk read as follows, It is not making the appropriation; it is authorizing the appropriation. and proceedings ensued as indi- I respectfully submit, Mr. Chairman, cated below: that this is not subject to the point of Sec. 2. (a) Section 302(c) of the Fed- order. eral National Mortgage Association THE CHAIRMAN: (5) . . . The gen- Charter Act is amended [by inserting tleman from North Carolina [Mr. at a designated point]: Jonas] makes a point of order to the . . . Any trustor creating a trust or language appearing on page 8, lines 5 trusts hereunder is authorized to pur- through 7, to the end of the sentence chase, through the facilities of the on that line, on the ground that it is in trustee, outstanding beneficial inter- violation of rule XXI of the Rules of the ests or participations to the extent of House of Representatives. the amount of his responsibility to the The Chair has examined the lan- trustee on beneficial interests or par- guage and has listened attentively to 6. 112 CONG. REC. 10893, 10894, 89th 5. Eugene J. Keogh (N.Y.). Cong. 2d Sess.

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ticipations outstanding, and to pay his originate in committees other than the proper share of the costs and expenses Committee on Appropriations. incurred by the Federal National Mort- THE CHAIRMAN: Does the gentleman gage Association as trustee pursuant from Texas desire to be heard on the to the trust instrument, and for these point of order? purposes may use any appropriated MR. [WRIGHT] PATMAN [of Texas]: funds or other amounts available to Mr. Chairman, we concede the point of him for the general purposes or pro- order. grams to which the obligations sub- THE CHAIRMAN: The Chair sustains jected to the trust are related. the point of order. (3) If any trustor shall guarantee to MR. JONAS: Mr. Chairman, I make a the trustee the timely payment of obli- point of order against the language ap- gations he subjects to a trust pursuant pearing on page 5, line 5, beginning to this subsection, and it becomes nec- with the word ‘‘he’’ and continuing essary for such trustor to meet his re- through lines 5, 6, 7, and 8 to the word sponsibilities under such guaranty, he ‘‘related,’’ which language is as follows: is authorized to fulfill such guaranty ‘‘he is authorized to fulfill such guar- by using any appropriated funds or anty by using any appropriated funds other amounts available to him for the or other amounts available to him for general purposes or programs to which the obligations subjected to the trust the general purposes or programs to are related. . . . which the obligations subjected to the trust are related.’’ MR. [CHARLES R.] JONAS [of North Carolina]: Mr. Chairman, a point of Mr. Chairman, I make the point of order. order against this language on the ground that it violates clause 4, rule THE CHAIRMAN: (7) The gentleman will state the point of order. XXI of the House of Representatives. R ATMAN MR. JONAS: Mr. Chairman, I make a M . P : Mr. Chairman, I won- point of order against the language ap- der if the gentleman from North Caro- pearing on page 4, line 22, beginning lina has added some language which with the word ‘‘and’’, which language is he does not really intend to include in as follows: ‘‘and for these purposes may his point of order? As I understand, use any appropriated funds or other the gentleman intended to make a amounts available to him for the gen- point of order against the language on eral purposes or programs to which the page 5, line 5, starting with the word obligations subjected to the trust are ‘‘by’’ down to and including the word related.’’ ‘‘related’’ on line 8. In other words, as Mr. Chairman, I make the point of I understand, the gentleman intends to order against this language in the bill make a point of order against the lan- on the ground that it violates clause 4, guage reading as follows: ‘‘by using any rule XXI, of the rules of the House of appropriated funds or other amounts Representatives, which requires that available to him for the general pur- bills making appropriations may not poses or programs to which the obligations subjected to the trust are re- 7. Eugene J. Keogh (N.Y.). lated.’’

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MR. JONAS: Mr. Chairman, the gen- major rivers of the United States. tleman from Texas is correct and it The following proceedings took was my purpose to have the point of place: order lie against the language on page 5, line 5, beginning with the word ‘‘by’’ The Clerk read as follows: down to and including the word ‘‘re- Sec. 2. There is hereby authorized lated’’ on line 8. to be appropriated such sums as may As I said, Mr. Chairman, I make the be necessary to carry out the provi- point of order against this language on sions of this resolution. the ground that it violates clause 4, With the following committee rule XXI, of the House of Representa- amendment: tives. Strike out all of section 2 and in- MR. PATMAN: Mr. Chairman, I con- sert: ‘‘The cost of surveys and precede the point of order. paring plans as herein authorized THE CHAIRMAN: The Chair sustains shall be paid from appropriations the point of order. heretofore or hereafter made for such purposes.’’

Unobligated Funds Previously MR. [CLARENCE] CANNON [of Mis- Appropriated for Same or Re- souri]: Mr. Chairman, I regret to have lated Purposes to make a point of order against the committee amendment. The amend- § 4.10 Language in a legislative ment changes the authorization to a direct appropriation, and, of course, an bill providing that the cost of appropriation is not in order on a legis- surveys therein authorized lative bill. . . . would be paid from the ap- THE CHAIRMAN: (9) The language propriation theretofore or against which the point of order is thereafter made for such raised reads as follow: purposes was held to be an The cost of surveys and preparing plans as herein authorized shall be appropriation and therefore paid from the appropriations herein violation of Rule XXI tofore or hereafter made for such clause 4 (now clause 5). purposes. . . . On July 29, 1937,(8) the Com- It seems clear to the Chair that the mittee of the Whole was consid- language of the amendment is prohibited by rule XXI, section 4, and, there- ering House Joint Resolution 175, fore, the Chair sustains the point of a bill to authorize the submission order. to Congress of a comprehensive national plan for the prevention § 4.11 Language in a legislative and control of floods of all the bill making available unobligated balances of appropria- 8. 81 CONG. REC. 7838–40, 75th Cong. 1st Sess. 9. Emmet O’Neal (Ky.).

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tions ‘‘heretofore’’ made to building are hereby made available for carry out the provisions of the enlarged project, including the acquisition of addition land, and con- the bill was held to be an ap- tracts may be entered into for con- propriation in violation of struction work within the full limit of Rule XXI clause 4 (now cost pending additional appropriations. clause 5) and therefore not in (c) To acquire additional land in and order. contiguous to the area in the District of Columbia defined in the act of (10) On Mar. 18, 1946, the Com- March 31, 1938 (52 Stat. 149), under a mittee of the Whole was consid- limit of cost of $2,000,000. Funds for ering H.R. 5407, a bill granting this purpose are hereby made available certain powers to the Federal from the unobligated balances of ap- Works Administrator. The Clerk propriations heretofore made for the read as follows, and proceedings construction of buildings outside the ensued as indicated below: District of Columbia. MR. [JOHN] TABER [of New York]: Be it enacted, etc., That the Federal Mr. Chairman, a point of order. Works Administrator is hereby author- THE CHAIRMAN: (11) The gentleman ized under the provisions of the Public will state it. Buildings Act of May 25, 1926, as MR. TABER: I make a point of order amended (40 U.S.C. 341–347), and as hereby further amended— against the words beginning on page 2, line 4: ‘‘and the unobligated balances of (a) For projects outside of the Dis- trict of Columbia: To construct exten- appropriations heretofore made for the sions to the marine hospitals at Se- construction of projects outside the attle, Wash., and San Francisco, District of Columbia are hereby made Calif. . . . and design new building available for this purpose’’; on the projects where the sites are in Govern- ground that it is an appropriation and ment ownership, notwithstanding the coming from a committee not author- fact that appropriations for construc- ized to report appropriation bills to the tion work shall not have been made. House. . . . The total limit of cost for the foregoing MR. [FRANCIS H.] CASE [of South Da- shall be $13,000,000 and the unobli- kota]: Mr. Chairman, I desire to make gated balances of appropriations here- a point of order against the language tofore made for the construction of in paragraph (b) and paragraph (c), projects outside the District of Colum- and in paragraph (b) I make the point bia are hereby made available for this of order against the language begin- purpose. ning in line 15 which reads: (b) To construct an additional building for the General Accounting Office. The unobligated balances of appropriations heretofore made for the . . . The unobligated balances of ap- building are hereby made available propriations heretofore made for the for the enlarged project, including the acquisition of additional land, 10. 92 CONG. REC. 2371, 2372, 79th Cong. 2d Sess. 11. Fadjo Cravens (Ark.).

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and contracts may be entered into under specified items in the for construction work within the full limit of cost pending additional ap- Agricultural Appropriation propriations. . . . Act of 1946, to the extent that

MR. [FRITZ G.] LANHAM [of Texas]: I such funds have been validly call the gentleman’s attention to the obligated, should be contin- fact that there is a committee amend- ued available for use by the ment striking out section (b). Farmers’ Home Corporation MR. CASE of South Dakota: But the established in the bill, and committee amendment has not been made. Consequently, I am making a that certain appropriated point of order lest, by some slip, the funds should be transferred amendment might not be accepted. I from one agency to another make the point of order that that agency created in the bill, would make appropriations for an un- were held to be appropria- authorized project by means of an ap- tions in violation of Rule XXI propriation reported by a committee without jurisdiction. . . . clause 4 (now clause 5), and MR. LANHAM: Mr. Chairman, I must therefore not in order. reluctantly concede the points of order. On Apr. 9, 1946,(12) the Com- I do it reluctantly because I had hoped mittee of the Whole was consid- they would not be made. ering H.R. 5991, a bill creating THE CHAIRMAN: Does the Chair understand that the gentleman from the Farmers’ Home Corporation. Texas concedes each point of order? The following proceedings took MR. LANHAM: The gentleman from place: Texas does reluctantly concede the MR. [MALCOLM C.] TARVER [of Geor- points of order. gia]: Mr. Chairman, I have several THE CHAIRMAN: The Chair is ready points of order to submit. to rule. My first point of order is against the The point of order made by the gen- language contained on page 5, lines 4 tleman from New York [Mr. Taber] to 15, inclusive, on the ground that it and the two points of order made by constitutes an appropriation upon a the gentleman from South Dakota [Mr. legislative bill and is out of order for Case] are sustained by reason of the that reason. That language reads as fact the language against which they follows: are made is tantamount to new appro- (c) The funds appropriated, au- priations; and the language is stricken thorized to be borrowed, and made from the bill in each instance. available under the items ‘‘Farmers’ crop production and harvesting § 4.12 Provisions in a bill re- loans’ (under the heading ‘‘Farm Credit Administration’’), ‘‘Loans, ported from a legislative committee that funds appro- 12. 92 CONG. REC. 3375, 79th Cong. 2d priated and made available Sess. 5038

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grants, and rural rehabilitation’’, increasing the capital of the regional and ‘‘Farm tenancy’’, in the Depart- agricultural credit corporations, pur- ment of Agriculture Appropriation suant to section 84 of the Farm Act, 1946, to the extent that such Credit Act of 1933, approved June funds are validly obligated or com- 16, 1933, as amended (U.S.C., 1940 mitted by the Secretary of Agri- ed., title 12, sec. 1148a), $10,001,000. culture, the Governor of the Farm $1,000 of the funds so transferred Credit Administration, or their dele- shall be used for capital of the Cor- gates, shall not lapse on June 30, poration, as provided in section 1946, but shall be continued avail- 40(b)(1) of the Bankhead-Jones Farm able for use by the Corporation in Tenant Act, as amended, and fulfilling such obligations or commit- $10,000,000 of such funds shall be ments, subject to the limitations set covered into the farm tenant mort- forth in the acts appropriating or au- gage insurance fund, pursuant to thorizing such funds. section 11(a) of the Bankhead-Jones Farm Tenant Act, as amended. I make the same point of order against the language contained on MR. [JOHN W.] FLANNAGAN [Jr., of page 6, lines 4 to 18, inclusive, as fol- Virginia]: Mr. Chairman, while I am lows: not certain, I am afraid the points of order are well taken. (e) All funds made available by ap- THE CHAIRMAN: (13) The points of propriation or authorization to the order are well taken. The Chair sus- Secretary of Agriculture for the fiscal year 1947 for loans and administra- tains the points of order. tive expenses for carrying on the farm tenancy program shall be avail- § 4.13 Language in a bill au- able to the Corporation for loans thorizing participation by under the provisions of section 40(d)(13)(A) hereof and for adminis- the United States in the trative expenses incident thereto. All International Development such appropriations and authorizations for loans, grants, and rural re- Association (which prohib- habilitation and farmers’ crop pro- ited further United States duction and harvesting loans shall subscription to the fund ‘‘ex- be available to the Corporation for loans for the purposes of section cept that loans or other fi- 40(d)(13)(B) hereof and for adminis- nancing may be provided by trative expenses incident thereto. The limitations on the amounts of [an] agency . . . which is au- each such appropriations and authorized . . . to make loans thorization for loans and administra- or provide other financing to tive expenses for each such purpose shall be observed by the Corporation. international organizations,’’ which would have included I make the same point of order against the language contained on funds theretofore appro- page 6, lines 19 to 25, inclusive, and on priated) was held to be in page 7, lines 1 to 5, as follows: violation of Rule XXI clause 4 (f) There is hereby transferred to (now clause 5), and ruled out the Corporation from the revolving fund established for the purpose of 13. Philip A. Traynor (Del.).

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on a point of order where it or other financing may be provided to was not clear that the excep- the Association by a United States agency created pursuant to an act of tion merely restated existing Congress which is authorized by law to authority in law to make make loans or provide other financing loans to this particular orga- to international organizations.’’ nization. I will say to the Chair that I have made inquiry of the committee here on (14) On June 28, 1960, the Com- the floor and the committee says that mittee of the Whole was consid- these are organizations already in ex- ering H.R. 11001, a bill providing istence, with the possibility of trans- for U.S. participation in the Inter- fers being made under Public Law 480 national Development Association. or by other organizations now authorized to make loans to these various At one point, the Clerk read as countries. I make the point of order follows, and proceedings ensued that this is a transfer of appropriated as indicated below: funds and is an appropriation on a legislative bill. . . . Sec. 5. Unless Congress by law au- MR. [ABRAHAM J.] MULTER [of New thorizes such action, neither the Presi- York]: . . . I suggest that the point of dent nor any person or agency shall, order should be overruled. I do not on behalf of the United States, (a) sub- think I said anything to indicate that scribe to additional funds under article there was any attempt to transfer any III, section 1, of the articles; (b) accept appropriated funds or any authorized any amendment under article IX of the funds. articles; or (c) make a loan or provide May I read from page 11 of the re- other financing to the Association, export which refers precisely to the lan- cept that loans or other financing may guage now under attack by the point of be provided to the Association by a order? U.S. agency created pursuant to an act of Congress which is authorized by law The excepting clause does not confer upon any U.S. agency any au- to make loans or provide other financ- thority it would not otherwise have ing to international organizations. and is intended to make clear that MR. [FRANK T.] BOW [of Ohio]: Mr. the prohibitory language does not in Chairman, a point of order. any way narrow, or preclude the use (15) of, authority which any agency of the THE CHAIRMAN: The gentleman U.S. Government, including the will state it. President, possesses under other leg- MR. BOW: Mr. Chairman, I make the islation to make loans or provide point of order against the language on other financing to international orga- page 3, beginning at the end of line 4 nizations, including the Inter- national Development Association. down through line 8, ‘‘except that loans I suggest the point of order is not 14. 106 CONG. REC. 14789, 14790, 86th well taken. Cong. 2d Sess. MR. BOW: Mr. Chairman, may I 15. B.F. Sisk (Calif.). reply to that and say that the one I am

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referring to is the exception to what with payment of adjusted-service the gentleman from New York has just certificates (bonus bill). The Clerk stated. read an amendment as follows MR. MULTER: I have referred only to the language which begins with the and proceedings ensued as indi- words against which the point of order cated below: is made. It is that exception to which Amendment offered by Mr. Fish: the report from which I have read is Page 7, line 13, add section 6A, as fol- directed. lows: THE CHAIRMAN: The Chair would ‘‘The Secretary of the Treasury is like to inquire of the gentleman from hereby directed to make the exchange New York whether or not he interprets stabilization fund of $2,000,000,000 this to be that the U.S. agencies could that expires on January 30, 1936, use funds heretofore appropriated for available on that date for payment of the purposes of this section? the adjusted-service certificates.’’ MR. MULTER: Only if so authorized MR. [JERE] COOPER of Tennessee: by the enabling or enacting legislation Mr. Chairman, I make the point of and the appropriation making the order against the amendment that it is funds available to such other agencies. not germane to this section or to any THE CHAIRMAN: The Chair is ready part of the bill. to rule. Under the interpretation of the THE CHAIRMAN: (17) The Chair will gentleman from New York, the point of hear the gentleman from New York on order would lie; and therefore the the point of order. Chair sustains the point of order. MR. [HAMILTON] FISH [Jr., of New York]: Mr. Chairman, the bill reads, Directing Treasury to Make ‘‘To provide for the immediate payment Funds Available of World War adjusted-service certificates’’, and my amendment offers a § 4.14 Language directing the method for the payment of these cer- Secretary of the Treasury to tificates. This is one of the many make a certain fund avail- means that may be proposed for the able for the payment of payment of these certificates, and I should think there would be the great- adjusted-service certificates est amount of latitude by the Chair for was held to be an appropria- any Member to offer a specific way of tion and not in order on a paying the certificates. legislative bill. THE CHAIRMAN: The bill is merely an authorization for an appropriation. The (16) On Jan. 9, 1936, the Com- Chair thinks that a reading of the mittee of the Whole was consid- amendment offered by the gentleman ering H.R. 9870, a bill dealing from New York clearly shows that the amendment is an appropriation, and 16. 80 CONG. REC. 273, 274, 74th Cong. 2d Sess. 17. Thomas L. Blanton (Tex.).

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not proper on this bill, and the Chair, Treasurer may from time to time therefore, sustains the point of order. prescribe. Those words take money directly § 4.15 Language in a bill re- from the Treasury of the United States ported by a legislative com- without any limitation and are in vio- mittee authorizing the Treas- lation of the provisions of clause 4 of urer of the United States to rule XXI of the House. . . . honor requisitions of the Ar- Now, this is a permanent appropriation which will go on forever of what- chivist in such manner and ever amount the Archivist cares to in accordance with such reg- draw for upon the Treasurer under ulations as the Treasurer such rules and regulations as the might prescribe was held an Treasurer may from time to time pre- appropriation and not in scribe. I make the point of order against the section. order under Rule XXI clause ( ) THE CHAIRMAN: 19 The Chair de- 4 (now clause 5). sires to direct a question to the gen- On July 13, 1939,(18) the Com- tleman from New York. In line 8, on mittee of the Whole was consid- page 6, is the gentleman of the opinion that the authorization there takes ering Senate Joint Resolution 118, money from the United States Treas- a bill to provide for the establish- ury or merely honors requisitions? ment and maintenance of the MR. TABER: It authorizes the Treas- Franklin D. Roosevelt Library. urer of the United States, without any The following proceedings took further legislation, to take money right out of the United States Treasury. It is place: a permanent appropriation. MR. [JOHN] TABER [of New York]: THE CHAIRMAN: Does the gentleman Mr. Chairman, I make a point of order from Illinois wish to be heard on the against the section on the ground that point of order? it contains an appropriation of public MR. [KENT E.] KELLER [of Illinois]: funds and that it is reported by a com- Yes, Mr. Chairman, it seems to me mittee not having jurisdiction to bring that the point of order is ill taken for into the House an appropriation bill. this reason: This is not an appropria- I call the attention of the Chair to tion. There is no appropriation pro- the following language on page 6, in vided in this at all. It is simply and line 7: solely for the purpose of accepting the requisitions of the proper authority in The Treasurer of the United States is hereby authorized to honor charge of all archives of all kinds and the requisitions of the Archivist character, because this bill provides made in such manner and in accord- that the expense shall be appropriated ance with such regulations as the for as a part of the Archivist’s expenses to the Government as a whole. 18. 84 CONG. REC. 9060, 9061, 76th Cong. 1st Sess. 19. John W. Boehne, Jr. (Ind.).

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MR. [JOHN J.] COCHRAN [of Mis- MR. KELLER: Only where the money souri]: Mr. Chairman, I call attention is already provided, not where it is not to the fact that the language in the provided. section provides for the creation of a MR. TABER: No; there is no such lim- trust fund to be deposited in the Treas- itation. ury of the United States. It provides THE CHAIRMAN: The Chair is ready for the raising of a trust fund to be to rule. placed in the Treasury, and the lan- The Chair is of the opinion that the guage does not take appropriated point of order made by the gentleman money out of the Treasury. It is not out of Government funds, but out of from New York against the section is the trust fund. It is not in itself a di- well taken, and therefore sustains the rect appropriation, but more of an au- point of order. thorization for those in charge to draw MR. [SAM] RAYBURN [of Texas]: Mr. on the trust fund. Chairman, I offer an amendment. . . . MR. TABER: Mr. Chairman, I call the THE CHAIRMAN: The gentleman from attention of the Chair to the fact that Texas is recognized for 5 minutes on there is no limitation on the funds that his amendment. this should be taken out of. The way it MR. TABER: Mr. Chairman, will the reads it would be taken directly out of gentleman yield? the Treasury and not out of any trust MR. RAYBURN: I yield. fund whatever. It does not say that it MR. TABER: Will the gentleman tell shall be taken out of a trust fund, nor us briefly what his amendment does? is it implied in any way. MR. RAYBURN: I may say to the gen- THE CHAIRMAN: Does the gentleman tleman from New York that I conceded from New York limit his point of order that his point of order was good. to the sentence which he read? The amendment I offer leaves out MR. TABER: Mr. Chairman, I made the language objected to by the gen- the point of order against the section. tleman from New York in lines 7, 8, 9, MR. KELLER: Have you read what is and 10 on page 6, reading: at the bottom of page 5 as to the method of depositing the money in the The Treasurer of the United Treasury first? States is hereby authorized to honor the requisitions of the Archivist MR. TABER: Yes; I have read that. made in such manner and in accord- There is nothing whatever that limits ance with such regulations as the the amount that can be taken out to Treasurer may from time to time the amount that is put in, nor is there prescribe. anything whatever that limits it to being taken out of that fund. It is di- This undoubtedly meets the objec- rect authority to the Treasury to pay tion raised by the gentleman from New it. York, and I contend that the amend- MR. KELLER: Well, what is a requisi- ment is in order. tion, then? THE CHAIRMAN: The question is on MR. TABER: A requisition is a draft the amendment offered by the gen- upon the Treasurer. This constitutes a tleman from Texas. permanent appropriation. The amendment was agreed to.

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Allocation of Agency’s Receipts Commissioners may deem necessary or advisable to insure the collection of § 4.16 Language in a legislative such fees as may be prescribed for the bill providing for the collec- parking of vehicles as aforesaid, and to tion of certain fees and au- pay the purchase price or rental and cost of installation of the same from thorizing the use of the fees the fees collected, the remainder of so collected for the purchase such fees to be paid to the collector of of certain installations was taxes for deposit in the Treasury of the construed to be an appro- United States to the credit of the reve- priation and not in order nues of said District. . . . under Rule XXI clause 4 MR. [THOMAS] O’MALLEY [of Wis- consin]: I make the point of order that (now clause 5). this section appropriates money out of On June 17, 1937,(20) the Com- fees to be collected, and therefore it is mittee of the Whole was consid- appropriation on a legislative bill. Line ering H.R. 7472, the District of 24 provides that the purchase price of these machines shall be paid from the Columbia tax bill. At one point, fees collected and the remainder of the the Clerk read as follows, and pro- fee shall be paid into the Treasury. ceedings ensued as indicated MR. [JACK] NICHOLS [of Oklahoma]: below: Mr. Chairman, I make the point of order that the point of order comes too The Commissioners of the District of late. The section has been debated and Columbia are hereby authorized and amendments have been offered, and an empowered, in their discretion, to fix, amendment to strike out the section prescribe, and collect fees for the park- has been offered. ing of automobiles in or upon any MR. O’MALLEY: I was attempting to street, avenue, road, highway, or other get recognition from the very begin- public space within the District of Co- ning. lumbia under their jurisdiction and (21) control, and to make and enforce regu- THE CHAIRMAN: The Chair is lations to provide for the collection of ready to rule. The last sentence of sec- such fees. Any person violating any tion 4, rule 21, provides as follows: such regulation shall be punished by a A question of order on an appro- fine of not more than $100 or impris- priation in any such bill, joint resolu- onment not to exceed 10 days. tion, or amendment thereto may be raised at any time. The Commissioners of the District of Columbia are further authorized and It is the opinion of the Chair that empowered, in their discretion, to pur- the point of order is properly raised at chase, rent, and install such mechan- this time (1) and that this is purely an ical parking meters or devices as the 21. James M. Mead (N.Y.). 20. 81 CONG. REC. 5915–18, 75th Cong. 1. Points of order against appropria- 1st Sess. tions in legislative bills may be

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appropriation, and, therefore, that lan- MR. RANKIN of [Mississippi]: I wish guage, as indicated in the gentleman’s to say that this is not an appropria- point of order, is ruled out of order. tion. This money never goes into the The Chair sustains the point of Federal Treasury. Therefore it does not order. come under the rule on which the gentleman from South Dakota relies. § 4.17 A provision in a legisla- MR. CASE of South Dakota: I pointed tive bill authorizing the Di- out that this creates a revolving fund. rector of the Census to use THE CHAIRMAN: Where does this funds collected for issuance money go if it does not go into the of birth certificates in ad- Treasury? ministering the provisions of MR. RANKIN of Mississippi: The money is used by the Director of the the bill until expended was Census to pay for the copying of these held to be an appropriation records. not in order under Rule XXI THE CHAIRMAN: What happens to clause 4 (now clause 5). the money? On July 15, 1942,(2) the Com- MR. RANKIN of Mississippi: It is held in the Bureau of the Census just ex- mittee of the Whole was consid- actly as the Tennessee Valley Author- ering H.R. 7239, a bill authorizing ity holds the money that is paid in the Director of the Census to issue there, and that is used in a revolving birth records. The following pro- fund for the construction of dams, ceedings took place: transmission lines, and so forth. THE CHAIRMAN: The question seems MR. [FRANCIS H.] CASE of [South Da- kota]: Mr. Chairman, I make the point to be whether or not the language is of order against the last sentence of equivalent to appropriating this the section just read that the language money. The language is: creates a revolving fund, constitutes an All amounts collected in payment appropriation, and is reported in the of such fees may be used by the Di- bill by a committee which is without rector in administering only the pro- authority to report appropriations. visions of this act and shall be available until expended. MR. [JOHN E.] RANKIN of Mississippi rose. There are certain precedents which THE CHAIRMAN: (3) Does the gen- indicate that that language is equiva- tleman from Mississippi desire to be lent to the phrase ’is hereby appro- heard on the point of order? priated,’ which would be in violation of the rule. The Chair cites Cannon’s raised even after debate on the mer- Precedents, volume VII, section 2152, its has taken place. See § 12.15, page 896: infra. Provision for establishment of a 2. 88 CONG. REC. 6209, 77th Cong. 2d special fund, to be available with Sess. other funds appropriated for the pur- 3. Wright Patman (Tex.). pose in payment of refunds, was

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ruled to be an appropriation and On Oct. 2, 1945,(4) the Com- subject to a point of order under section 4 of rule XXI. mittee of the Whole was consid- On January 12, 1933, in the ering H.R. 3603, a bill concerning course of the consideration of the bill the sale of surplus war vessels. At (H.R. 13991), the Farm Relief Bill, in the Committee of the Whole House one point the Clerk read as fol- on the state of the Union, this para- lows and proceedings ensued as graph was read: indicated below: ‘‘(b) The proceeds of all taxes collected under this section, less 21⁄2 Sec. 13. (a) The Commission is au- percent for the payment of adminis- thorized to reconvert or restore for nor- trative expenses under this act, shall be covered into the Treasury into a mal operation in commercial services, special fund to be available, together including removal of national defense with any other funds hereafter ap- or war service features, any vessel au- propriated for the purpose, for the thorized to be sold or chartered under payment of any refunds under this this act. The Commission is authorized section.’’ Mr. Carl R. Chindblom, of Illinois, to make such replacements, alter- raised the question of order that the ations, or modifications with respect to paragraph was in violation of section any vessel authorized to be sold or 4 of rule XXI prohibiting committees chartered under this act . . . as may other than the Committee on Appro- be necessary or advisable to make such priations from reporting appropriations. vessel suitable for commercial operation on trade routes or services or The Chairman, Mr. Lindsay C. War- comparable as to commercial utility to ren, of North Carolina, sustained the other such vessels of the same general point of order. type. . . . The Chair believes that the language objected to is in violation of section 4 of (d) All moneys received by the Com- rule XXI, and sustains the point of mission under this act shall be depos- order. ited in the construction fund of the Commission, and all disbursements § 4.18 Language in a bill re- made by the Commission in carrying ported from a legislative out this act shall be paid from such committee providing that all fund. The provisions of sections 201(d), moneys received by the Mari- 204(b), 207, 209(a), and 905(c) of the Merchant Marine Act, 1936, as amend- time Commission under the ed, shall apply to all activities and act would be deposited in the functions which the Commission is au- construction fund of the thorized to perform under this commission, and all disburse- act. . . . ments made by the commis- MR. [HERBERT C.] BONNER [of North sion in carrying out the act Carolina]: Mr. Chairman, a point of order. would be paid from such fund, was held to be an ap- 4. 91 CONG. REC. 9288, 9289, 79th propriation and not in order. Cong. 1st Sess. 5046

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THE CHAIRMAN: (5) The gentleman Amendment offered by Mr. Heinz: will state it. On page 350 following line 6: MR. BONNER: Mr. Chairman, I make ‘‘Sec. 319(a) It is the purpose of the point of order against the language this Section to supplement the enforcement procedures of this Act by on page 21, line 6, first sentence, on providing for desirable economic in- the ground that it is an appropriation. centives to water users to conserve THE CHAIRMAN: Does the gentleman water and to minimize pollution from Virginia care to be heard on the through reduction in the quantity of point of order? waste products dumped into these waterways. It is also the purpose of MR. [SCHUYLER OTIS] BLAND [of Vir- this Section to encourage the forma- ginia]: Reluctantly, upon advice from tion of regional waste treatment the parliamentarian on the point of management organizations pursuant order that I would be foolish to argue to section 208(a) of this Act. otherwise, I concede the point of order. ‘‘(b)(1) In furtherance of the pur- THE CHAIRMAN: The point of order is pose of this Section, the Adminis- trator and the Secretary of the conceded; the point of order is sus- Treasury shall prescribe such regula- tained. tions as are necessary to establish and put into effect two years after Use of Proceeds From User the enactment of this Act a schedule of national effluent charges for all Charges those discharges including municipal sewage which detract from the qual- § 4.19 An amendment estab- ity of the water for municipal agri- lishing a user charge and cultural, industrial, recreational, sport, wildlife, and commercial fish making the revenues col- uses. These discharges shall include, lected therefrom available but not be limited to, biochemical ox- ygen demand (BOD), suspended sol- without further appropria- ids, thermal discharges, and toxic tion is not in order to a bill wastes. The charges shall be set at a reported by a committee not level which will provide for the at- tainment of the standards and goals having the jurisdiction to re- of this Act. Such regulations shall port appropriations. also provide for making available as public information all amounts col- On Mar. 29, 1972,(6) during consider- lected pursuant to such charges. ation in the Committee of the Whole of ‘‘(2) Any person who willfully fails the bill (H.R. 11896) to amend the Fed- to pay any charge as required by eral Water Pollution Control Act, the regulations established pursuant to this Section or who willfully fails to following proceedings took place: make any return, keep any records, MR. [JOHN] HEINZ [of Pennsylvania]: supply any information, or to do any Mr. Chairman, I offer an amendment. other act required by such regula- The Clerk read as follows: tions shall be guilty of a mis- demeanor and, upon conviction thereof, shall be fined not more than 5. William G. Stigler (Okla.). $10,000, or imprisoned not more 6. 118 CONG. REC. 10749–51, 92d Cong. than one year or both, together with 2d Sess. costs of prosecution. . . .

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‘‘(c) Revenues collected by the Sec- MR. HEINZ: Mr. Chairman, I would retary of the Treasury pursuant to argue, in response to the statement of such charges shall be deposited in a the distinguished gentleman from Ohio trust fund (hereinafter referred to as the ‘fund’) in the Treasury to be (Mr. Harsha) in urging his point of available without further appropria- order, that effluent charges are basi- tion to the Administrator for use as cally user charges, and user charges prescribed in subsection (d). are fundamental to the bill. The bill ‘‘(d) Money from the fund shall be would not work without them; they are available for distribution by the Ad- the primary means of financing the op- ministrator in each year for the purpose of funding Section 106 of this eration and construction of the water Act (to assist water pollution control treatment works herein. programs of States and interstate And I would add further that this in agencies) . . . .’’ itself is an important consideration in THE CHAIRMAN: (7) The Chair will ruling on this. hear the gentleman from Ohio. Also I would hasten to add that MR. [WILLIAM N.] HARSHA [of Ohio]: clearly under sections 204(b)(2) and Mr. Chairman, my point of order is as 204(b)(3) that in fact the purpose of follows: . . . [T]his amendment is not this bill is to raise revenues for the within the jurisdiction of the Com- purposes of the bill, and without this mittee on Public Works. It proposes a we could not possibly construct any tax on effluents, and raises revenues, water treatment facilities. and therefore violates rule XI, which Finally—and to be brief—there are places jurisdiction of revenue raising in two historical precedents that I believe the Committee on Ways and Means. are important that establish the prin- Section 319(c), Mr. Chairman, cat- ciple that user charges are germane to egorically refers to revenues collected the legislation. by the Secretary of the Treasury pur- Volume IV, section 4119 of Hinds’ suant to such charges. Precedents of the House of Representa- . . . [T]he amendment violates rule tives—no relation, I would add—state XXI, clause 4 prohibiting appropria- that on February 23, 1905, the River tions in legislative bills. Section 319(c) and Harbor Appropriations Bill was and (d) of the amendment directs the action to be taken with the revenues under consideration, and included in raised in accordance with the amend- such bill was a section permitting the ment. In addition to the clear language collection of tolls on freight and pas- of the amendment, the stated purpose sengers. A point of order was made to of the amendment in the proponent’s that. The point of order was not sus- March 22, 1972, letter demonstrates tained. the intent that these funds be used for Similarly, at a later date, in Volume a specific purpose in violation of rule VII, section 1929 of the same prece- XXI, clause 4. dents, a bill that included a provision Therefore, Mr. Chairman, I insist calling for fines and penalties for of- upon my point of order. . . . fenses on lands of the public domain was reported from the Committee on 7. Neal Smith (Iowa). Public Lands, now called the Depart-

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ment of the Interior, and it was deter- against amendments offered from mined that those charges might prop- the floor containing such provi- erly be considered by the Committee of sion. Hence, the amendment was the House as a Whole. subject to a point of order under Mr. Chairman, I respectfully request that the Chair consider these prece- Rule XXI clause 4 (clause 5 of dents in ruling on the point of order Rule XXI in the 1981 House Rules raised by the gentleman from and Manual]. Ohio. . . . THE CHAIRMAN: . . . The Chair has Allocation of Proceeds of Sale examined the amendment. The gentleman from Pennsylvania § 4.20 In a bill providing, in states that the bill contains similar part, authority to construct provisions. However, the rule under certain facilities at military which we are operating specifically reservations, a provision per- waives all points of order against sec- mitting immediate use of tions 2, 8, and 12 of the committee amendment, but it does not waive such funds derived from the sale points of order against an amendment of the San Jacinto Depot for to the committee amendment. purchase of a site and con- So far as nongermaneness is construction of a depot at Point- cerned, the Chair finds in clause 3(c) of Aux-Pins, Alabama, was the amendment submitted a provision ruled out as an appropria- for collecting revenues or taxes. Also in section 3(d) it provides for money col- tion reported from a legisla- lected from the fund shall be available tive committee in violation of for distribution—in other words, an ap- Rule XXI clause 4 (now propriation. clause 5). So the Chair finds it is not germane On July 9, 1958,(8) the Com- for the reason that it provides for raising revenue, or a tax, and appropriates mittee of the Whole was consid- money. Therefore, the amendment is in ering H.R. 13015. At one point the violation of clause 7, rule XVI and also Clerk read as follows, and pro- it is in violation of clause 4, rule XXI, ceedings ensued as indicated prohibiting appropriations on legisla- below: tive bills. Sec. 110. The Secretary of the Army The Chair sustains the point of is authorized and directed to enter into order. a contract or contracts for the sale of Parliamentarian’s Note: Points the San Jacinto Ordnance Depot, of order had been waived against Texas. . . . The Secretary of the Army is directed to act as follows: appropriations contained in the committee amendment in the na- 8. 104 CONG. REC. 13277, 13284, ture of a substitute, but not 13285, 85th Cong. 2d Sess.

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(1) The depot shall be moved to, and graph 4 of section 110 which appears integrated with, the ammunition out- on page 18 of the bill. This paragraph loading terminal previously authorized is on appropriation in a bill from a for construction at Point-Aux-Pins, committee not having jurisdiction to Ala., and, notwithstanding any other report appropriations, and is in viola- provisions of this or any other act, the tion of rule 21, paragraph 4. authority contained in the act of July Specifically, this provides that funds 27, 1954 (68 Stat. 536), for the acquisi- from the sale of the San Jacinto Am- tion of land and initiation of construc- munition Depot shall be available to tion for the Point-Aux-Pins facility the Secretary of the Army to pay any shall continue in effect until specifi- and all expenses, including land acquisition, in connection with the reloca- cally superseded, modified, or repealed. tion, change, or sale of the San Jacinto (2) The sale of the San Jacinto Depot Depot or for the establishment of a property shall be offered by the Chief fully integrated depot at a specified lo- of Engineers, United States Army, on cation in Alabama. behalf of and under the supervision of THE CHAIRMAN: Does the gentleman the Secretary of the Army within 18 from Georgia desire to be heard on the months from the date of this act. No point of order? part of the land herein shall be sold, MR. [CARL] VINSON [of Georgia]: I do transferred, or occupied, by virtue of not desire to be heard on the point of this transaction, by any Government order, Mr. Chairman. I concede the agency or department. point of order. Therefore, paragraph 4, (3) A contract or contracts for the if the Chair sustains the point of order, sale of the San Jacinto Depot shall be will be eliminated. consummated as expeditiously as pos- THE CHAIRMAN: The gentleman from sible thereafter. . . . Georgia concedes the point of order. (4) All proceeds from the sale shall The Chair sustains the point of order. be available to administer the provisions of this section and to pay any Allocating Money Repaid From and all expenses, including land acqui- Loans sition, in connection with the relocation, exchange, or sale of the San § 4.21 A provision in a bill re- Jacinto Depot or the establishment of a ported by a legislative com- fully integrated depot at Point-Aux- Pins, Ala., or all proceeds deposited mittee making available for into the Treasury of the United States administrative purposes for obligation by the Army. . . . money repaid from advances MR. [HARRY R.] SHEPPARD [of Cali- and loans was held to be an fornia]: Mr. Chairman, a point of appropriation and not in order. order. THE CHAIRMAN: (9) The gentleman will state it. On Apr. 8, 1936,(10) the Com- MR. SHEPPARD: Mr. Chairman, I mittee of the Whole was consid- make a point of order against para- 10. 80 CONG. REC. 5207, 74th Cong. 2d 9. James J. Delaney (N.Y.). Sess.

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ering H.R. 12037, the tobacco eign Assistance Act and mak- compact bill. At one point the ing excess foreign currencies Clerk read a provision of the bill available to stimulate private and proceedings ensued as indi- enterprise abroad was con- cated below: ceded to be an appropriation Sec. 7. (b) Any advances or loans and in violation of Rule XXI which are repaid to the Secretary by clause 4 (now clause 5). any commission pursuant to section 3 On Aug. 24, 1967,(12) the Com- of this act shall be held in a special fund in the Treasury of the United mittee of the Whole was consid- States and shall be available until ex- ering H.R. 12048, the Foreign As- pended for the purpose of admin- sistance Act for 1967. A provision istering this act or until such time as was read, and a point of order was the Secretary shall determine that all raised as indicated below: or any part of such funds will not be needed for such purpose, whereupon On page 35, line 1: . . . all or any part of such funds shall, ‘‘Sec. 301. Chapter 1 of part III of upon approval by the Secretary, revert the Foreign Assistance Act of 1961, as to the general fund of the Treasury of amended, which relates to general pro- the United States. visions, is amended as follows: . . . MR. [CARL E.] MAPES [of Michigan]: ‘‘(d) Section 612, which relates to the Mr. Chairman, a point of order. I de- use of foreign currencies, is amended sire to make a point of order against by adding at end thereof the following that paragraph. new subsection: MR. [MARVIN] JONES [of Texas]: We ‘‘ ‘(d) Notwithstanding section 1415 of intend to offer an amendment striking the Supplemental Appropriation Act, out the appropriation. 1953, excess foreign currencies, as defined in subsection (b) may be made MR. MAPES: Mr. Chairman, I make a point of order against the paragraph. I available, in addition to funds other- do not care to argue it. It is conceded wise available, to encourage the estab- by the chairman of the committee, I lishment, improvement, or expansion think. of private enterprises in friendly less developed countries. . . . The Presi- Mr. JONES: It is subject to a point of dent may make loans or guaranties order. with such currencies on such terms (11) THE CHAIRMAN: The Chair sus- and conditions as he may deem appro- tains the point of order. priate in the circumstances. To the maximum extent practicable in making Use of Excess Foreign Currency such loans or guaranties, the President shall utilize the services of private fi- § 4.22 Language in a bill au- nancing institutions, including inter- thorizing funds for the For- 12. 113 CONG. REC. 23974, 23975, 90th 11. John R. Mitchell (Tenn.). Cong. 1st Sess.

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mediate credit institutions which fi- tion of a bill reported by the nance private business activity even Committee on Agriculture to though there may be a governmental authorize use of such funds interest in such institutions. . . .’ ’’ for an additional purpose, MR. [THOMAS E.] MORGAN [of Penn- sylvania]: . . . Mr. Chairman, I ask was ruled out as an appro- unanimous consent that the portion of priation in violation of Rule the bill starting on page 35, line 1, to XXI clause 4 (now clause 5). the bottom of page 37, be considered as (14) read and printed in the Record, and On July 18, 1956, during con- open to amendment at any point. sideration in the Committee of the THE CHAIRMAN: (13) Is there objection Whole of H.R. 11708, a bill to to the request of the gentleman from amend the Agricultural Trade De- Pennsylvania? The Chair hears none, velopment and Assistance Act of and it is so ordered. 1954 the following proceedings oc- MR. [JOHN J.] ROONEY [of New curred: York]: Mr. Chairman, a point of order. THE CHAIRMAN: The gentleman will Sec. 2. Section 104 (h) of the act is state his point of order. amended by inserting the following language immediately before the pe- MR. ROONEY of New York: Mr. riod at the end of the section: ‘‘and for Chairman, I make a point of order the providing of assistance to activities against the language on page 36, be- and projects authorized by section 203 ginning on line 3 and running through of the United States Information and line 23, on the grounds that it makes Educational Exchange Act of 1948, as an appropriation and is therefore in amended (22 U.S.C. 1448)’’. violation of paragraph 4 of rule XXI. MR. [THOMAS B.] CURTIS [of Mis- . . . souri]: Mr. Chairman, I make the point MR. MORGAN: Mr. Chairman, we of order against all of section 2 that it concede the point of order. is an appropriation on a bill by a com- THE CHAIRMAN: The point of order is mittee not authorized to deal with ap- conceded. The Chair sustains the point propriations. of order. In support of that statement, may I say that this is exceedingly technical Additional Use of Existing For- and very difficult to follow. Nonethe- eign Credits less, by referring to the basic act, Pub- lic Law 480, with which this deals, we § 4.23 To a law authorizing, for find that it refers to foreign currencies certain purposes, use of for- and I quote, ‘‘which accrue to the United States under this act.’’ Then eign credits already gen- refer to the specific section which erated from sale of agricul- states, ‘‘to use the foreign currencies tural products abroad, a sec- 14. 102 CONG. REC. 13393, 84th Cong. 13. Charles M. Price (Ill.). 2d Sess.

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which accrue.’’ Then go right on down right to barter. He is given the right to to section (h), to which this is an sell for local currencies. He is given the amendment. It states, ‘‘for the financ- right to give away. This only provides ing of.’’ I submit this is obviously an that he can barter just as has been appropriation. I might say that if this pointed out heretofore in the debate; were only an authorization I would one of the rights he now has is to bar- have no objection to it at all, but I do ter. We say he cannot barter with the not believe this is a proper place to ap- U.S.S.R. or North Korea or China, but propriate. . . . that he can barter with all other coun- MR. [JOHN] TABER [of New York]: tries in the world. So it is not an ap- Mr. Chairman, This currency unques- propriation on legislation at all. The tionably belonging to the Government moneys have already been appro- of the United States, which it receives priated and now are in the hands of under the provisions of section 2 of the President. Mr. Chairman, without Public Law 480, 83d Congress, and unduly delaying the matter, may I being turned over by the terms of sec- point out the language. It says: tion 104 for specific purposes is for The President may use or enter other things or for anything that they into agreements with friendly na- desire to purchase. tions or organizations of nations and use the foreign currencies which ac- Paragraph (a) provides for providing crue under this title for one or more new markets for United States agricul- of the following purposes. tural commodities. And following that is barter, which Paragraph (b) to purchase strategic is one of those purposes. and critical materials. . . . THE CHAIRMAN: (15) The Chair would Paragraph (e) for promoting bal- like the gentleman from North Caro- anced economic trade among nations. lina to comment on this question. Do Paragraph (f) to pay United States we not acquire foreign currencies obligations abroad. which belong to this Government, Paragraph (g) for loans to promote which we receive for selling commod- multilateral trade. ities? Mr. Chairman, the adding of one MR. COOLEY: Certainly, we are ac- more item for which the funds can be quiring foreign currencies, and the act used constitutes an additional appro- provides for the use of those currencies priation of these currencies which be- by the President of the United States. long to the Government of the United One of the uses that he can use them States as a result of the operations for is (c) to produce military equip- under paragraph (a) section 2. . . . ment, materials and so forth and serv- MR. [HAROLD D.] COOLEY [of North ices for the common defense. Carolina]: Mr. Chairman, all of the THE CHAIRMAN: The point at issue is money that goes into the financing of whether the funds can be used without these programs have already been ap- a further appropriation by the Con- propriated and turned over to the gress. President to be used by the President. In the original act, he is given the 15. Prince H. Preston, Jr. (Ga.).

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MR. COOLEY: Yes, Mr. Chairman, for other purposes that were not al- that is the question. But the point is, lowed in the first bill is beyond the as I have pointed out, that the funds rule, and it constitutes a new appro- have already been appropriated and priation. Therefore, it is subject to a have already been used largely, and point of order because it comes from a this act itself authorizes the increase of committee other than the Committee the authorization, but it does not au- on Appropriations. thorize the President to use the foreign MR. CURTIS [of Missouri]: Mr. Chair- currencies or commodities for any pur- man, might I add also that in the com- pose foreign to or in addition to the mittee hearings witnesses testifying on enumerated uses set forth in the act, the part of the executive department one of which is to barter. used as one of their arguments that THE CHAIRMAN: The Chair would this would give them additional funds. like to inquire of the gentleman from MR. COOLEY: Mr. Chairman, may I North Carolina [Mr. Cooley] if all the add one comment? The gentleman from currencies previously acquired have New York [Mr. Taber] points out that been used by this Government. we are adding something to the authority of the President by this amend- MR. COOLEY: They have been obli- ment in the bill. Actually, I think some gated. To the exact extent, I am not of these funds are now used in connec- sure, but practically all of them have tion with the school lunch program in been obligated but not actually used. Japan. They are being used in other They are covered by gentlemen’s agree- countries in connection with the edu- ments, some of which have not been cation of the children of those coun- fully consummated. tries. Certainly we are not adding to I would like to emphasize one point, the authority of the President. It is if I may. The point of order is to the ef- rather strange that an objection to giv- fect that we are adding to the enu- ing authority to the President should meration of uses that the President come from that side of the aisle. I do could employ. We are not doing any- not think this is subject to a point of thing of the kind. Under the act we order. have a right to barter. That is what THE CHIRMAN: The Chair is ready to this provision authorizes him to do. We rule. The gentleman from Missouri are only saying that he can barter with [Mr. Curtis] has made a point of order this money. The fact of the business is against section 2 of the bill, that this it might be considered a limitation be- constitutes an appropriation. The bill cause we limit the use of the money, in under consideration by the Committee that he cannot use it in North Korea or seeks to amend existing law known as China. Public Law 480 of the 83d Congress. In MR. TABER. If the Chair will permit, the pending bill it is clearly evident this is not barter at all. It is the use of that a new activity is being created by funds. The appropriations having al- the legislation. New authority is being ready been established in section 104, granted in the handling of the foreign that of course can be continued. But to credit derived from the sale of com- add new money and appropriate money modities. Therefore, in the opinion of

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the Chair, it constitutes an appropria- $40,000,000 for the carrying out of tion. The Chair therefore feels con- the above project.’’ strained to sustain the point of order. MR. [RILEY J.] WILSON [of Lou- Parliamentarian’s Note: See isiana]: Mr. Chairman, I make the § 4.44, infra, where language au- point of order against the amendment that it makes a direct appropriation. thorizing use only of future for- . . . eign currency proceeds was held THE CHAIRMAN: (17) The amendment not to be an appropriation. proposes to appropriate $40,000,000. Rule XXI provides that no bill or joint Amendment to Legislative resolution carrying appropriations Bills—Generally shall be reported by any committee not having jurisdiction to report appropria- § 4.24 An amendment appro- tions nor shall an amendment proposing an appropriation be in order priating money is not in during consideration of a bill or joint order on a bill reported by a resolution reported by a committee not committee not having juris- having that jurisdiction. diction over appropriations. Inasmuch as the amendment appropriates money in violation of the rule, ( ) On May 22, 1936, 16 the Com- the Chair sustains the point of order. mittee of the Whole was considering S. 3531, a bill to amend an Emergency Fund act relating to Mississippi River flood control. The following pro- § 4.25 An amendment to a leg- ceedings took place: islative bill proposing to make available not to exceed MR. [ARTHUR P.] LAMNECK [of Ohio]: Mr. Chairman, I offer the following $120,000 of appropriations amendment. for rivers and harbors work The Clerk read as follows: as an emergency fund to be Page 2, line 7, after the word ‘‘En- expended for repairing dam- gineers’’, add the following: ‘‘Pro- age to and checking erosion vided, That the Chief of Engineers, on the Bayocean Peninsula under the supervision of the Sec- retary of War, shall at the expense of in Oregon was held in viola- the United States Government, con- tion of Rule XXI clause 4 struct a system of levees and res- ervoirs to adequately control the (now clause 5). floodwaters of the Scioto, Olentangy, On May 17, 1939,(18) the Com- and Sandusky River Valleys in Ohio: And provided further, There is here- mittee of the Whole was consid- by appropriated the sum of 17. John W. Flannagan, Jr. (Va.). 16. 80 CONG. REC. 7777, 74th Cong. 2d 18. 84 CONG. REC. 5679, 76th Cong. 1st Sess. Sess.

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ering H.R. 6264, a bill dealing work to be used in emergency work on with public works on rivers and this project. THE CHAIRMAN: Does the gentleman harbors. At one point the Clerk from New York insist on his point of read as follows, and proceedings order? ensued as indicated below: MR. TABER: Mr. Chairman, I think I shall have to insist on the point of Amendment offered by Mr. Mott: order. If we are to have an appropria- Page 9, after line 6, insert a new para- tion, it should come in an appropria- graph, as follows: tion bill after a hearing, and then it would go through quicker, if the need ‘‘The sum of not to exceed $120,000 were shown, than this bill. of appropriations available for river THE CHAIRMAN: The Chair is ready and harbor work shall be immediately to rule. available as an emergency fund to be The Chair is of the opinion that the expended under the direction of the amendment of the gentleman from Or- Secretary of War and the supervision egon contains language which proposes of the Chief of Engineers for repairing to divert an appropriation heretofore damage to and checking erosion on the made to a new purpose and is therefore in violation of clause 4 of rule XXI Bayocean Peninsula in Oregon, caused of the House of Representatives. The by storm in January 1939, in order to Chair sustains the point of order. provide adequate protection to property on such peninsula and in Unemployment Benefits Tillamook, Oreg.’’ MR. [JOHN] TABER [of New York]: § 4.26 To a bill amending the Mr. Chairman, I make the point of Social Security Act to pro- order against the amendment that it is vide a national program for an appropriation on a legislative bill. war mobilization and recon- THE CHAIRMAN: (19) Does the gentleman from Oregon desire to be heard version, an amendment di- on the point of order made by the gen- recting payments to states on tleman from New York? account of unemployment MR. [JAMES W.] MOTT [of Oregon]: benefits was held to be an Mr. Chairman, I think the gentleman appropriation in violation of from New York did not hear the Rule XXI clause 4 (now amendment correctly, because it is not an appropriation but an authorization clause 5), and not in order. for the engineers to use river and har- On Aug. 31, 1944, the Com- bor money. mittee of the Whole was consid- Mr. Chairman, there is no language ering S. 2051, the war mobiliza- in this amendment which is appro- tion and reconversion bill of 1944. priating language. The amendment au- The following proceedings took thorizes the use by the Army engineers place: (20) of money available for river and harbor 20. 90 CONG. REC. 7464, 78th Cong. 2d 19. Orville Zimmerman (Mo.). Sess.

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MR. [JOHN] TABER [of New York]: land that the rule under which we are Mr. Chairman, I make the point of considering this measure, waives order against the [committee] amend- points of order against the committee ment that it is an appropriation of substitute, but not against the amend- funds in violation of clause 4 of rule ments which would be offered to that XXI of the House. I call the attention substitute. The rule cited by the gen- of the Chair particularly to this lan- tleman from New York is very clear guage. I refer to the page and line of and specific: the Senate bill rather than the amend- No bill or joint resolution carrying ment, because I have that in front of appropriations shall be reported by me and I assume the Chair can refer any committee not having jurisdic- to it readily. It begins on page 21, line tion to report appropriations, nor 6: shall an amendment proposing an appropriation be in order during the (c) Each State shall be entitled to consideration of a bill or joint resolu- receive from the Federal unemploy- tion reported by a committee not ment account for each quarter, be- having that jurisdiction. A question ginning with the first quarter com- of order on an appropriation in any mencing after enactment of this act, such bills, joint resolution, or amend- an amount equal to the total of all ment thereto may be raised at any payments of unemployment com- time. pensation made by such State during such quarter, pursuant to an agree- In the opinion of the Chair, the lan- ment under this section. guage cited by the Chair and other (d) In the event that any State language cited by the gentleman from does not agree to make such pay- New York, clearly provides for an ap- ments to such persons, the Civil propriation. Service Commission is hereby au- MR. [AIME J.] FORAND [of Rhode Is- thorized and directed to make such land]: Mr. Chairman, if the committee payments. . . . (f) In case of an agreement under amendment, which is an entire new this section that a State agency will bill, had not been brought to the floor make payments as agent of the of the House as it is now, we would be United States, there shall be paid in considering the George [Senate] bill, advance to the State such sum as and that would be in the George bill. the Board estimates the State will be Would not the rule given to us by the entitled to receive for each quarter Committee on Rules clear that? We un- under such section. All money paid derstood this was a broad rule. to a State under this subsection shall be used solely for the payment THE CHAIRMAN: Yes; the rule would of unemployment compensation. Any clear the Senate bill, but we are not money so paid to a State which is considering the Senate bill; we are con- not used for the purpose for which it sidering the committee substitute was paid shall, upon termination of amendment to the Senate bill. This is the agreement, be returned to the offered as an amendment to the com- Treasury. . . . mittee amendment. In the opinion of THE CHAIRMAN: (1) The Chair will the Chair the point of order is well state to the gentleman from Rhode Is- taken. The Chair sustains the point of order 1. Fritz G. Lanham (Tex.). on the authorities cited.

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Guaranteeing Agencies’ Use MR. TABER: I call the Chair’s atten- of Previously Appropriated tion to page 7, lines 18 to 23: Funds (d) Each guaranteeing agency is hereby authorized to use for the purposes of this section any funds which § 4.27 Language in an amend- have heretofore been appropriated or ment to a bill reported by the allocated or which hereafter may be Committee on Banking and appropriated or allocated to it, or which are or may become available Currency providing that cer- to it, for such purposes or for the tain guaranteeing agencies purpose of meeting the necessities of were thereby authorized to the national defense. . . . use for the purposes of the THE CHAIRMAN: The Chair is ready section any funds ‘‘here- to rule. . . . tofore’’ appropriated was . . . . [T]he Chair is of the opinion that the language there does constitute held to be an appropriation an appropriation in violation of the in violation of Rule XXI rule cited by the gentleman from New clause 4 (now clause 5), and York, and accordingly sustains the not in order. point of order against the amendment on account of that objectionable lan- On Aug. 2, 1950,(2) the Com- guage. mittee of the Whole was considering H.R. 9176, the Defense Pro- Use of Foreign Interest Pay- duction Act of 1950. At one point, ments a Member raised a point of order against an amendment. The pro- § 4.28 To a bill authorizing the ceedings were as follows: furnishing of emergency food MR. [JOHN] TABER [of New York]: relief assistance to India on Mr. Chairman, I make a point of order specified credit terms, an against the amendment. amendment providing that THE CHAIRMAN: (3) The gentleman interest on the principal of will state it. any debt incurred pursuant MR. TABER: I make the point of order that the amendment violates the provi- to such relief program be de- sions of section 4 of rule 21. . . . posited in a special account THE CHAIRMAN: Will the gentleman in the Treasury, to be imme- from New York point out the specific diately available for certain language in the bill to which he ob- types of expenditures by the jects? Department of State was

2. 96 CONG. REC. 11599, 11600, 81st held to be an appropriation Cong. 2d Sess. in violation of Rule XXI 3. Howard W. Smith (Va.). clause 4 (now clause 5).

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On May 24, 1951,(4) the Com- lation. It introduces a great deal of mittee of the Whole was consid- new matter and provides for an appro- ering H.R. 3791, a bill to furnish priation in a legislative act, and is therefore not in order. . . . emergency food relief assistance to THE CHAIRMAN: (5) The Chair is India. An amendment was offered ready to rule. and a point of order raised as in- The gentleman from Indiana offers dicated below: an amendment, which the Clerk has MR. [WILLIAM G.] BRAY [of Indiana]: reported, providing certain conditions Mr. Chairman, I offer an amendment. relating to the assistance proposed to The Clerk read as follows: be granted under the pending bill; in addition it proposes the creation of a Amendment offered by Mr. Bray: fund and makes available those funds On page 3, at line 20, add a new section reading as follows: for certain specific purposes. ‘‘Sec. 4 (a) any sums payable by The gentleman from Ohio makes a the Government of India, under the point of order against the amendment interest terms agreed to between the on two grounds: One, that it is not ger- Government of the United States mane; two, that it seeks to make an and the Government of India, on or before January 1, 1957 . . . as inter- appropriation. est on the principal of any debt in- The Chair would call attention to curred under this act shall, when page 88 of Cannon’s Precedents where paid, be placed in a special deposit the following statement is made: account in the Treasury of the United States, notwithstanding any The mere fact that an amendment other provisions of law, to remain proposes to attain the same end available until expended. This ac- sought to be attained by the bill to count shall be available to the De- which offered— partment of State for the following uses: Which is the contention of the gen- ‘‘(1) Allocation, for designated edu- tleman from Indiana— cational, agricultural, experimental, does not render it germane. scientific, medical, or philanthropic activities, to American institutions Though the proposed amendment engaged in such activities in India. seeks accomplishment of ends un- . . .’’ doubtedly worthy and somewhat related to the aims of the pending bill, MR. [JOHN M.] VORYS [of Ohio]: Mr. it does provide conditions separate Chairman, because of my admiration and apart from the pending bill. for the gentleman I dislike to press the Clause 4 of rule 21 provides: point of order, but I think the rules of the House keep our thinking straight. No bill or joint resolution carrying I therefore make the point of order. I appropriations shall be reported by any committee not having jurisdic- submit the gentleman’s amendment tion to report appropriations, nor goes far beyond the scope of the legis- shall an amendment proposing an amendment be in order during the 4. 97 CONG. REC. 5837, 5838, 82d Cong. 1st Sess. 5. Albert A. Gore (Tenn.).

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consideration of a bill or joint resolu- The Clerk read as follows: tion reported by a committee not having that jurisdiction. Amendment offered by Mr. Celler: Add a new section: The proposed amendment would in ‘‘Sec. 512. Notwithstanding any the opinion of the Chair, violate this other provision of law to the contrary rule. and without regard to section 3709 The Chair, therefore, sustains the of the revised statutes, the Attorney point of order made by the gentleman General is authorized to purchase, construct, lease, equip, operate, and from Ohio in both respects. maintain on either Government- leased or Government-owned land Appropriations to Another such detention facilities as may be Government Agency necessary for the apprehension and removal to Mexico of Mexican aliens illegally in the United States Appro- § 4.29 To a bill to amend the priations made to the Immigration Agriculture Act of 1949 to and Naturalization Service shall be available for expenditures to carry permit the importation of out the purposes of this act.’’ Mexican agricultural work- ers, an amendment relating MR. [HAROLD D.] COOLEY [of North Carolina]: Mr. Chairman, I reserve a to the detention of Mexican point of order against the amendment aliens, generally, in the offered by the gentleman from New United States and providing York (Mr. Celler). . . . that appropriations made MR. COOLEY: Mr. Chairman, I renew heretofore shall be available my point of order. THE CHAIRMAN: (7) Will the gen- for expenditures to carry out tleman please state the grounds of his the purposes of the provision point of order? was held to be an appropria- MR. COOLEY: First, that it broadens tion in violation of Rule XXI the scope of the legislation under con- clause 4 (subsequently clause sideration. It is not germane, and it actually constitutes an appropria- 5). tion. . . . On June 27, 1951,(6) during con- THE CHAIRMAN: The Chair is ready sideration in the Committee of the to rule. Whole of H.R. 3283, a bill to The gentleman from New York offers amend the Agricultural Act of an amendment to the bill before the 1949, the following proceedings committee and the gentleman from North Carolina makes the point of occurred: order against the amendment on the MR. [EMANUEL] CELLER [of New ground that it is not germane and that York]: Mr. Chairman, I offer an it contains an appropriation. amendment. The Chair has had an opportunity to study the amendment offered by the 6. 97 CONG. REC. 7274, 7275, 82d Cong. 1st Sess. 7. Albert A. Gore (Tenn.).

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gentleman from New York. As the Amendment offered by Mr. Jones Chair understands the bill before the of Missouri: Page 2, lines 10 and 11, committee, H.R. 3283, it applies to cer- strike out the words ‘‘(including the Corporation’s investment in the com- tain Mexican aliens as a class and as modities)’’ and insert in lieu thereof described in the bill. The amendment ‘‘of funds heretofore appropriated for offered by the gentleman from New the use of the Mutual Security Agen- York broadens the group to include cy.’’ Mexican aliens illegally in the United MR. [CLIFFORD R.] HOPE [of Kansas]: States, beyond the class described in the bill. The amendment also proposes Mr. Chairman, a point of order. ( ) to appropriate funds for a certain pur- THE CHAIRMAN: 9 The gentleman pose described in the amendment. will state it. For these two reasons, the Chair is MR. HOPE: I make the point of order constrained to sustain the point of against the amendment that it is not order. germane and that it constitutes an appropriation. . . . Funds Previously Appropriated THE CHAIRMAN: The Chair is ready for Mutual Security Agency to rule. This amendment as drafted, would divert previously appropriated § 4.30 To a bill reported by the funds to a new purpose. Therefore the Committee on Agriculture, Chair sustains the point of order. an amendment authorizing the use of funds ‘‘heretofore Foreign Credits for New appropriated for the use of Purpose the Mutual Security Agency’’ was ruled out as an appro- § 4.31 To a bill providing for priation in violation of Rule extension of a law author- XXI clause 4 (now clause 5). izing, for certain purposes, use of foreign credits gen- On July 29, 1953,(8) the Com- erated from the sale of sur- mittee of the Whole was consid- plus agricultural products ering H.R. 6016, a bill concerned abroad, an amendment pro- with emergency famine relief. An posing use of a limited per- amendment was offered and the centage of the generated following proceedings occurred: funds for an additional pur- MR. [PAUL C.] JONES [of Missouri]: pose, was ruled out as an ap- Mr. Chairman, I offer an amendment propriation in violation of to the committee amendment. The Clerk read as follows: Rule XXI clause 4 (now clause 5). 8. 99 CONG. REC. 10392, 83d Cong. 1st Sess. 9. Glenn R. Davis (Wisc.).

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On June 4, 1957,(10) the Com- committee which has no authority to mittee of the Whole was consid- report appropriations to this body. . . . ering H.R. 6974, a bill to extend MR. [HAROLD D.] COOLEY [of North the Agricultural Trade Develop- Carolina]: As I understand it, the ment and Assistance Act of 1954, President now has the authority in ex- among other things. At one point isting law to make these agreements and to use the money as provided by a Member offered the following law. This is in effect saying he shall amendment, and proceedings en- not use more than 25 percent of it for sued as indicated below: these purposes. THE CHAIRMAN: The Chair is ready The Clerk read as follows: to rule. The Parliamentarian has di- Amendment offered by Mr. Cooley: rected the Chair’s attention to the fact On page 2, following line 3, add the that on July 18, 1956, in the consider- following new paragraph No. 4: ation of a similar measure, the gen- ‘‘Section 104(e) of such act is tleman from Georgia [Mr. Preston], amended by striking out the semi- being Chairman of the Committee of colon at the end thereof and adding the Whole, ruled on a point of order a comma and the following: ‘for similar to that made by the gentleman which purposes not more than 25 from New York. percent of the currencies received This is the ruling, and the reasons pursuant to each such agreement for it in the language of Chairman shall be available through and under Preston, which the Chair adopts: the procedures established by the Export-Import Bank for loans mutu- The gentleman has made a point ally agreeable to said bank and the of order against section 2 of the bill. country with which the agreement is The bill under consideration by the made to United States business Committee seeks to amend existing firms and branches, subsidiaries, or law known as Public Law 480 of the affiliates of such firms for business 83d Congress. In the pending bill it development and trade expansion in is clearly evident that a new activity such countries for the establishment is being created by the legislation. of facilities for aiding in the utiliza- New authority is being granted in tion, distribution, or otherwise in- the handling of the foreign credit de- creasing the consumption of, and rived from the sale of commodities. markets for, United States agricul- Therefore, in the opinion of the tural products. Foreign currencies Chair, it constitutes an appropria- may be accepted in repayment of tion. The Chair, therefore, feels con- such loans.’ ’’ strained to sustain the point of order. MR. [JOHN] TABER [of New York]: Mr. Chairman, a point of order. The Chair sustains the point of order THE CHAIRMAN: (11) The gentleman made by the gentleman from New York will state his point of order. [Mr. Taber]. MR. TABER: Mr. Chairman, this is an appropriation on a bill coming from a Use of Tax Receipts for School Construction 10. 103 CONG. REC. 8298, 85th Cong. 1st Sess. § 4.32 An amendment (to a bill 11. Brooks Hays (Ark.). reported from the Committee 5062

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on Education and Labor) million in any fiscal year, as may be necessary for making payments to providing that the District State educational agencies as pro- Director of Internal Revenue vided in section 104. shall, under a formula, pay ‘‘Allotments to States an allotment to each state ‘‘Sec. 102(a)(1) The sums appro- out of tax funds for school priated for any fiscal year pursuant construction has been ruled to section 101 shall be allotted among the States on the basis of the out as an appropriation in income per child of school age, the violation of Rule XXI clause 4 school-age population, and effort for (subsequently clause 5). school purposes, of the respective States. Subject to the provisions of On July 25, 1957,(12) the Com- section 103, such allotments shall be made as follows: The Commissioner mittee of the Whole was consid- shall allot to each State an amount ering H.R. 1, a bill to authorize which bears the same ratio to the federal assistance to the states sums appropriated pursuant to section 101 for such year as the product and local communities in financ- of— ing an expanded program of ‘‘(A) the school-age population of school construction so as to elimi- the State, and ‘‘(B) the state’s allotment ratio (as nate the national shortage of determined under paragraph (2)), classrooms. The following pro- bears to the sum of the cor- responding products for all the ceedings took place: States. MR. [EDWIN H.] MAY [Jr., of Con- ‘‘Payments to States necticut]: Mr. Chairman, I offer an amendment. ‘‘Sec. 104. When he has computed a State’s allotment for a year, the The Clerk read as follows: Commissioner shall certify the Amendment offered by Mr. May: amount thereof to the District Direc- Page 31, beginning with line 19, tor of Internal Revenue for the Inter- strike out everything down through nal Revenue District of which the line 11, page 46, and insert the fol- State is a part (or, if the State lies in lowing: more than one such District, to the District Director designated by the ‘‘TITLE I—PAYMENTS TO STATE Secretary of the Treasury). From the EDUCATIONAL AGENCIES collections made from such State from taxes levied under part I of ‘‘Authorization of appropriations subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of ‘‘Sec. 101. There are hereby au- 1954 (relating to income tax on indi- thorized to be appropriated for the viduals), the District Director of In- fiscal year beginning July 1, 1957, ternal Revenue shall retain an and the four succeeding fiscal years, amount equal to the State’s allot- such amounts, not to exceed $300 ment. He shall then pay the State’s allotment for the year, in equal 12. 103 CONG. REC. 12728, 12729, monthly installments, to the State 12733, 85th Cong. 1st Sess. educational agency. . . .’’

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MR. [JOHN] TABER [of New York]: harbors authorization bill Mr. Chairman, I make a point of order contained language which against the amendment on the ground that section 104 of the amendment permitted the Chief of Engi- constitutes an appropriation and it is neers to use, for certain pur- on a bill coming from a committee not poses, appropriations here- authorized to report appropriations. tofore or hereinafter made That motion is in order at any time before the bill is enacted. for civil works, the amend- MR. [Charles A.] HALLECK [of Indi- ment was conceded to con- ana]: Mr. Chairman, I would like to be tain an appropriation and heard on the point of order. was ruled out as in violation THE CHAIRMAN: (13) The gentleman is recognized. of Rule XXI clause 4 (subse- MR. HALLECK: In my opinion, the quently clause 5). point of order comes too late. The On Oct. 3, 1962,(14) the Com- amendment has been offered and re- mittee of the Whole was consid- ported and debate has begun on the amendment. ering H.R. 13273, the rivers and MR. TABER: Mr. Chairman, it is spe- harbors authorization bill for cifically specified in the rules that that 1962. At one point the Clerk read point of order is available at any time a committee amendment as fol- during the progress of the bill. lows, and proceedings ensued as MR. [H. R.) GROSS [of Iowa]: Under rule XXI indicated below: MR. TABER: Under rule XXI. The Clerk read as follows: THE CHAIRMAN: As to the question of Committee amendment: Page 13, timeliness of the point of order, there line 15, insert: is no question but that it can be made ‘‘Sec. 102. (a) The Act approved at this time. August 13, 1946, as amended by the The Chair feels that this language Act approved July 28, 1956 (33 ‘‘shall pay the State’s allotment for the U.S.C. 426e–h), pertaining to shore year, in equal monthly installments, to protection, is hereby further amend- the State educational agency’’ makes ed as follows: . . . the amendment subject to the point of ‘‘(4) Sections 2 and 3 are amended order. to read as follows: The Chair sustains the point of ‘‘ ‘Sec. 2. The Secretary of the Army is hereby authorized to reim- order. burse local interests for work done by them . . . Provided, That the Corps of Engineers—Use of work which may have been done on the projects is approved by the Chief Prior Appropriations of Engineers as being in accordance with the authorized projects: Pro- § 4.33 Where a committee vided further, That such reimburse- amendment to a rivers and 14. 108 CONG. REC. 21883, 21884, 87th 13. Francis E. Walter (Pa.). Cong. 2d Sess.

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ment shall be subject to appropria- Language Held To Be ‘‘Author- tions applicable thereto or funds available therefor and shall not take ization’’ precedence over other pending projects of higher priority for im- § 4.34 Language in a bill au- provements. thorizing an appropriation of ‘‘ ‘Sec. 3. The Chief of Engineers is hereby authorized to undertake con- not less than a certain struction of small shore and beach amount for a specified pur- restoration and protection projects not specifically authorized by Con- pose has been held not to be gress, which otherwise comply with an appropriation. section 1 of this Act, when he finds (16) that such work is advisable, and he On May 11, 1934, the Com- is further authorized to allot from mittee of the Whole was consid- any appropriations heretofore or ering a bill (17) which stated in hereinafter made for civil works, not to exceed $3,000,000 for any one fis- part as follows: cal year for the Federal share of the Be it enacted, etc., That for the pur- costs of construction of such projects. . . .’ ’’ pose of increasing employment by providing for emergency construction of MR. [WILLIAM C.] CRAMER [of Flor- public highways and other related ida]: Mr. Chairman, I raise a point of projects there is hereby authorized to order against the amendment in that it be appropriated, out of any money in appears clearly in the amendment that the Treasury not otherwise appro- it is an appropriation on an authoriza- priated, the sum of not less than tion bill. $400,000,000 for allocation under the THE CHAIRMAN: (15) Does the gen- provisions of section 204 of the Na- tleman from Minnesota desire to be tional Industrial Recovery Act. heard? A point of order was raised MR. [JOHN A.] BLATNIK [of Min- against the provision, as follows, nesota]: Mr. Chairman, the committee and proceedings ensued as indi- concedes the point of order. cated below: THE CHAIRMAN: The Chair sustains the point of order. MR. [JOHN] TABER [of New York]: The Chair will state, this applies to The language of this section provides the entire amendment from page 13, that there is authorized to be appropriated the sum of not less than line 15, down to and including line 19 $400,000,000. That is, in effect, a man- on page 16. datory piece of legislation, and must MR. BLATNIK: Mr. Chairman, am I result in an appropriation. This bill correct, then, that this applies to the does not come from the Committee on entire section 102, it deletes that sec- Appropriations and therefore this section? THE CHAIRMAN: That is correct. 16. 78 CONG. REC. 8640, 73d Cong. 2d Sess. 15. Francis E. Walter (Pa.). 17. H.R. 8781.

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tion, with that language in it, is out of propriated’’, insert ‘‘out of any unex- order. . . . pended balances heretofore appro- THE CHAIRMAN: (18) . . . This is sim- priated or made available for emergency purposes.’’ ply an authorization, and the point of order is overruled. MR. [WILLIAM M.] WHITTINGTON [of Mississippi]: Mr. Chairman, I make Reappropriation the point of order against the amendment that it is not definite enough. It § 4.35 Language of an amend- does not specify what law or what ap- ment providing that an appropriation is intended to be covered propriation when made by the proposed amendment. MR. TREADWAY: Mr. Chairman, I should come out of any unex- should like to be heard on the point of pended balances heretofore order. appropriated or made avail- MR. [JOHN W.] MCCORMACK [of Mas- able for emergency purposes sachusetts]: Mr. Chairman, I make the was held to be in order on a further point of order that it is an ap- legislative bill since such lan- propriation. . . . THE CHAIRMAN: (2) The Chair does guage did not constitute an not think it necessary to hear the gen- appropriation. tleman from Massachusetts unless the On Jan. 9, 1936,(1) the Com- gentleman seeks to convince the Chair mittee of the Whole was consid- that the Chair would be in error in holding his amendment in order. ering H.R. 9870, a bill dealing While it is restrictive and limits with payment of adjusted service Congress to just one source in making certificates. At one point the Clerk its appropriation, while the bill in no read as follows, and proceedings way limits, the amendment is merely ensued as indicated below: an authorization. It will require action on the part of Congress later to appro- Sec. 7. There is hereby authorized to priate the money, and the Chair, be appropriated such sums as may be therefore, overrules the point of necessary to carry out the provisions of order.(3) this act. . . . MR. [ALLEN T.] TREADWAY [of Mas- sachusetts]: Mr. Chairman, I offer an Funds Made Available to Other amendment, which I send to the Agencies Clerk’s desk. The Clerk read as follows: § 4.36 Language in a bill re- Amendment by Mr. Treadway: ported by a legislative com- Page 7, line 13, after the word ‘‘ap- mittee providing that all

18. David D. Glover (Ark.). 2. Thomas L. Blanton (Tex.). 1. 80 CONG REC. 274, 74th Cong. 2d 3. Reappropriations are no longer per- Sess. mitted. See § 3, supra.

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funds available for carrying of tobacco for so-called marketing out the act would be avail- agreements under section 3 go into the Treasury of the United States and are able for allotment to other a part of the funds referred to in this bureaus and offices for a section. They would remain in the similar purpose was held not Treasury and not be available to the to be an appropriation, inas- Secretary of Agriculture or to anyone much as the bill permitted except for the language in section 8. no use of existing funds but . . . MR. [MARVIN] JONES [of Texas]: Mr. merely authorized new Chairman, I submit the suggestion funds, when appropriated, to that by the provisions of the amend- be so allocated. ment to the previous section any advance or loans repaid to the Secretary On Apr. 8, 1936,(4) during con- by any commission, and so forth, shall sideration in the Committee of the revert to the Treasury of the United Whole of H.R. 12037, the tobacco States; so the point of order made by compact bill, the Clerk read as fol- the gentleman is not applicable. Sec- lows, and a point of order was tion 7(a) is where provision is made made as indicated below: with reference to the funds mentioned in section 3. All that is involved in sec- Sec. 8. All funds available for car- tion 8 is the amount appropriated to rying out this act shall be available for the Secretary of Agriculture for admin- allotment to the bureaus and offices of istrative purposes, and this is merely a the Department of Agriculture and for matter of allowing him to permit some transfer to such other agencies of the other bureau assisting him to use the Federal or State governments as the same fund. It is not a new appropria- Secretary may request to cooperate or tion, it is the same appropriation and assist in carrying out this act. it is for the same function, that of ad- MR. [CARL E.] MAPES [of Michigan]: ministration. It does not involve a new Mr. Chairman, I desire to make a point of order against section 8 for the appropriation if a man’s assistant same reason as applied to section 7. spends the man’s money helping do the The section makes available and trans- job. In fact, this involves no appropria- fers funds in the Treasury for a dif- tion at all. It only refers to the use of ferent purpose than that for which funds authorized to be appropriated in they have been appropriated, and I a previous section—if and when such think under the precedents and deci- appropriation is made. sion of the Speaker and of the Chair it If the gentleman from Michigan will is subject to the same point of order as look at the previous section, he will was raised to section 7. . . . find the funds mentioned in section 3, I call the Chair’s attention to the and the collections thereof revert to the fact that the fees paid by the handlers Treasury automatically, under the amendment which we just adopted and 4. 80 CONG. REC. 5207, 5208, 74th which takes the place of the provision Cong. 2d Sess. which was stricken out. . . .

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MR. MAPES: Will not the gentleman shall not have first established to the from Texas admit that section 8 might satisfaction of the proper officer or em- divert some of the funds which may be ployee of the Farm Credit Administra- appropriated under the committee’s tion, under such regulations as the substitute for section 7, which would Governor may prescribe, that such ap- not be so diverted except for section 8? plicant is unable to procure from other MR. JONES: That would be true for sources a loan in an amount reason- any part of the funds that are appro- ably adequate to meet his needs for the priated there for administrative pur- purposes for which loans may be made poses but not for advances and loans, because subdivision (b) of section 7 under this act; and preference shall be specifically eliminates all loans and ad- given to the applications of farmers vances and puts them back into the whose cash requirements are small. Treasury when they are repaid. So, by . . . virtue of the limitation in section (b) Amendment offered by Mr. this can apply only to administrative Massingale: Amend paragraph C of funds. section 2, page 3, by striking out the THE CHAIRMAN: (5) . . . As the Chair period after the word ‘‘prescribe’’, on understands, this bill does not carry line 5 of said paragraph, inserting a any appropriation—that part of the bill comma, and adding the following: ‘‘and was stricken out on a point of order— loans for seed oats shall be imme- and therefore there are no funds avail- diately available in localities where it able so far as the bill stands at the present time. is customary that sowing or planting shall be done in the late winter or The Chair therefore overrules the ( ) point of order. early spring months.’’ . . . 7 MR. [MARVIN] JONES [of Texas]: Mr. Farm Loans Chairman, I am sorry to have to disagree with the gentleman from Okla- § 4.37 An amendment author- homa [Mr. Massingale]. Mr. Chairman, I make the point of izing the making of farm order that the gentleman’s amendment loans was held not to be an would amount to inserting an appro- appropriation under Rule priation in a legislative bill. . . . XXI clause 4 (now clause 5). THE CHAIRMAN: (8) The Chair over- (6) rules the gentleman’s point of order in- On Jan. 25, 1937, the Com- sofar as the point of order is based on mittee of the Whole was consid- the ground that the amendment in- ering H.R. 1545. At one point the volves an appropriation. Clerk read as follows, and proceedings ensued as indicated Advances From Treasury below: Sec. 2. (a) No loan shall be made § 4.38 Language authorizing under this act to any applicant who and directing an executive

5. John R. Mitchell (Tenn.). 7. Note: Loans are not considered 6. 81 CONG. REC. 394–98, 75th Cong. charges against the Treasury. 1st Sess. 8. Edward E. Cox (Ga.).

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officer to advance, when ap- . . . I make the same point of order propriated, sums of money against the amendment as was raised by the gentleman from New York [Mr. out of the Treasury was held Taber] and upon which the Chair just not to constitute an appro- ruled. The language of the District of priation on a legislative bill. Columbia Appropriation Act makes ( ) this amendment an exception to the On June 17, 1937, 9 the Com- appropriation act. The amendment mittee of the Whole was consid- states ‘‘out of any money in the Treas- ering H.R. 7472. At one point an ury of the United States not otherwise amendment was offered and pro- appropriated.’’ It seems to me the ceedings ensued as indicated amendment seeks to have Congress below: authorize and appropriate a certain amount of money which the Congress The Clerk read as follows: would have to reimburse the Treasury Amendment offered by Mr. Nich- for if the District itself was not able to ols: Page 1, after line 4, insert the reimburse the Treasury out of the rev- following: enues to be obtained under this bill. THE CHAIRMAN: (10) The Chair is ‘‘TITLE I—AUTHORIZATION FOR ready to rule. It is the opinion of the ADVANCE OF FUNDS Chair that the language included in ‘‘Until and including June 30, the amendment offered by the gen- 1938, the Secretary of the Treasury, tleman from Oklahoma [Mr. Nichols], notwithstanding the provisions of which indicates that the money cannot the District of Columbia Appropria- become available until and when ap- tion Act approved June 29, 1922, is propriated, is proper, and therefore authorized and directed, when appropriated, to advance, on the req- overrules the point of order. uisition of the Commissioners of the Parliamentarian’s Note: The District of Columbia, made in the manner now prescribed by law, out language objected to by Mr. John of any money in the Treasury of the Taber, and subsequently referred United States not otherwise appro- to by Mr. O’Malley in his point of priated, such sums as may be necessary from time to time during said order, was substantially the same fiscal year to meet the general ex- as that in the Nichols amend- penses of said District, as provided ment, but did not include the by law, and such amounts so ad- (11) vanced shall be reimbursed by the phrase ‘‘when appropriated.’’ said Commissioners to the Treasury out of the taxes and revenue col- Special Accounts for Specified lected for the support of the government of the said District of Colum- Purposes bia.’’ § 4.39 Language directing that MR. [THOMAS] O’MALLEY [of Wis- consin]: Mr. Chairman, a point of the proceeds of taxes shall be order. . . . 10. James M. Mead (N.Y.). 9. 81 CONG. REC. 5914, 75th Cong. 1st 11. 81 CONG. REC. 5910, 75th Cong. 1st Sess. Sess.

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deposited in a special ac- that it is an appropriation and violates count in the Treasury en- the rule which requires that appropriations shall come from the Committee tirely to the credit of the Dis- on Appropriations. trict of Columbia and would THE CHAIRMAN: (13) Will the gen- thereafter be appropriated tleman advise the Chair of the lan- and used solely and exclu- guage to which he makes the point of sively for certain enumer- order. ated purposes was held MR. ENGEL: On page 12, line 2, com- merely a direction to appro- mencing with the words ‘‘and shall be appropriated’’, continuing through the priate in the future and not remainder of the section. in violation of Rule XXI THE CHAIRMAN: Does the gentleman clause 4 (subsequently clause from Illinois desire to be heard on the 5), as being an appropriation point of order? on a legislative bill. MR. [EVERETT M.] DIRKSEN [of Illi- nois]: Yes, Mr. Chairman. I do not be- (12) On June 17, 1937, the Com- lieve the point of order will lie. This mittee of the Whole was consid- section first does not appropriate any ering H.R. 7472. At one point the money. It is only an affirmative direc- Clerk read as follows, and pro- tion for the expenditure of money or an ceedings ensued as indicated indication of how the money shall be below: expended, but it does not undertake, either by language or implication, to ‘‘All proceeds of the taxes imposed appropriate money. under this act . . . shall be deposited THE CHAIRMAN: The Chair is ready in a special account in the Treasury of to rule. The Chair will state that the the United States entirely to the credit gentleman from Illinois [Mr. Dirksen] of the District of Columbia, and shall has stated the matter correctly. The be appropriated and used solely and point of order is overruled. exclusively for the following purposes: ‘‘(1) For the construction, reconstruc- tion, improvement, and maintenance of ‘‘Appropriation’’ Defined as public highways, including the nec- ‘‘Payment of Funds From the essary administrative expenses in con- Treasury’’ nection therewith . . .’’ MR. [ALBERT J.] ENGEL [of Michi- § 4.40 A bill to regulate bar- gan]: Mr. Chairman, I make a point of bers in the District of Colum- order against that part of section 2 on bia containing language pro- page 12, line 2, beginning with the words ‘‘and shall’’, through and includ- viding that fees and charges ing line 24 on page 12, on the ground payable under the act would be paid to the secretary- 12. 81 CONG. REC. 5924, 5925, 75th Cong. 1st Sess. 13. James M. Mead (N.Y.).

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treasurer of a board to carry cess of the sum of $1,000 shall be paid out these regulations and into the Treasury of the United States to the credit of the District of Colum- providing compensation of bia: Provided, That no expense in- members of the board from curred under this act shall be a charge such funds was held not to against the funds of the United States be an appropriation of funds or the District of Columbia. . . . from the Treasury where it MR. [THOMAS] O’MALLEY [of Wis- was stated that expenses consin]: Mr. Speaker, I make the point of order that sections 11 and 12 pro- under the bill were not vide for an appropriation which the chargeable against the Committee on the District of Columbia, United States or the District as a legislative committee, is not au- of Columbia. thorized to do. Section 11 sets up a schedule of fees and section 12 appro- (14) On Jan. 24, 1938, the House priates such fees to the use of the was considering H.R. 7085. At one Commissioners, stating that any sums point the Clerk read as follows, unexpended in excess of a thousand and a point of order was raised as dollars shall revert to the Treas- indicated below: ury. . . . THE SPEAKER: (15) The Chair is ready Sec. 11. All fees and charges payable to rule on the point of order raised by under the provisions of this act shall the gentleman from Wisconsin. be paid to the secretary-treasurer of The gentleman from Wisconsin the Board. The Board is hereby author- makes the point of order against sec- ized to refund any license fee or tax, or tion 12 of the bill that under the terms portion thereof, erroneously paid or of the section there is an appropriation collected under this act. of funds out of the Public Treasury. (a) For the examination of an appli- If, in the opinion of the Chair, the cant for a certificate as a registered language of the section sustained that barber, $5. . . . position, clearly the point of order of Sec. 12. The Commissioners are au- the gentleman from Wisconsin would thorized and directed to provide suit- be good. However, the Chair calls at- able quarters for examinations and tention to the fact it is stated in a equipment to the Board and for the precedent which will be found in the compensation of the members of the Congressional Record, Sixty-seventh Board at the rate of $9 per day . . . Congress, first session, page 3388: Provided, That payments under this section shall not exceed the amount re- The term ‘‘appropriation’’ in the ceived from the fees provided for in rule means the payment of funds from the Treasury. this act; and if at the close of each fiscal year any funds unexpended in ex- As far as the Chair is able to read the language of section 12, it provides 14. 83 CONG. REC. 1008, 1009, 75th Cong. 3d Sess. 15. William B. Bankhead (Ala.)

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only the payment of funds into the Paragraph (b) reads as follows: Treasury under certain contingencies, The Congress further determines and does not provide for the payment that substantial amounts of the of funds out of the Treasury. sums which have heretofore been ap- For the reasons stated, the Chair propriated for making parity pay- overrules the point of order made by ments will not be needed for making the gentleman from Wisconsin. such payments; and it hereby directs that so much of the money appropriated in the Department of Agri- Unused Appropriations Paid culture Appropriation Act, 1942, for Into Treasury Account the purpose of making parity payments as is not used for such pur- § 4.41 A provision in a legisla- pose shall be covered into the Treas- ury to offset the appropriations made tive bill providing that sums pursuant to the authority of this already appropriated and act. . . . not used for making parity My contention is that paragraph (b) payments would be covered diverts an appropriation already made into the Treasury to offset to a different purpose, therefore is a violation of the rule. If there should be the subsequent appropria- any doubt in the mind of the Chair, I tions made pursuant to the should like to be heard further on the authority of the bill under point of order. consideration was held not THE CHAIRMAN: (17) Does the gen- in violation of Rule XXI tleman from South Carolina [Mr. Fulmer] desire to be heard on the point clause 4 (subsequently clause of order? 5), inasmuch as further ac- MR. [HAMPTON P.] FULMER: Mr. tion would be required to ap- Chairman, I do not care to comment on propriate such sums author- the point of order except to state I do ized. not believe that the point of order is germane; therefore, it should not be On Jan. 29, 1942,(16) the Com- sustained. . . . mittee of the Whole was consid- THE CHAIRMAN: The Chair is ready ering H.R. 6350, a bill dealing to rule. with relief for certain agricultural The Chair has examined this para- producers. The following pro- graph very carefully. The Chair calls attention to the fact that the para- ceedings took place: graph provides that the sum of money, MR. [FRANCIS H.] CASE [of South Da- whatever sum it may be, appropriated kota]: Mr. Chairman, I wish to make a for the purpose of making parity pay- point of order against paragraph (b), ments and not used for such purpose on the ground that it violates clause 4 shall be covered into the Treasury to of rule XXI. offset the appropriations made pursuant to the authority of this act. 16. 88 CONG. REC. 851, 852, 77th Cong. 2d Sess. 17. Alfred L. Bulwinkle (N.C.).

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The paragraph contemplates that 1945, by the United Nations there will be further action by the Con- Conference for the establish- gress before any appropriation is made ment of an Educational, Sci- available. Therefore, the Chair overrules the point of order. entific, and Cultural Organi- MR. CASE of South Dakota: Mr. zation, and deposited in the Chairman, a parliamentary inquiry Archives of the Government THE CHAIRMAN: The gentleman will of the United Kingdom’’ was state it. held not to involve an appro- MR. CASE of South Dakota: Is the priation in violation of Rule holding of the Chair in the language XXI clause 4 (subsequently the Chair just used to the effect that further action is necessary, that under clause 5) merely because the the legislative history of this bill it constitution of the organiza- would not be possible for the pro- tion provided that ‘‘the gen- ponents of this legislation to come be- eral conference shall ap- fore the Committee on Appropriations prove and give final effect to and maintain that the hands of the the budget and to the appor- Committee on Appropriations had already been tied by the action on this tionment of financial respon- bill? sibility among the states THE CHAIRMAN: Before there could members of the organization be any activity under the provisions of . . . .’’ since a subsequent ap- this bill, there must be appropriate ac- propriation was authorized tion by the Congress making money by the bill. available for the purposes therein set ( ) forth. On May 21, 1946, 18 the Com- mittee of the Whole was consid- Membership in International ering House Joint Resolution 305, Organization relating to United States participation in the United Nations Edu- § 4.42 Language in a bill re- cational, Scientific, and Cultural ported by a legislative com- Organization. The following pro- mittee providing ‘‘that the ceedings took place as the joint President is hereby author- resolution was considered for ized to accept membership amendment: for the United States in the Resolved, etc., That the President is United Nations Educational, hereby authorized to accept member- Scientific, and Cultural Or- ship for the United States in the United Nations Educational, Scientific, ganization, the Constitution of which was approved in 18. 92 CONG. REC. 5388–95, 79th Cong. London on November 16, 2d Sess 5073

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and Cultural Organization (hereinafter later date to be appropriated by the referred to as the ‘‘Organization’’), the appropriate committee.(20) constitution of which was approved in The Chair overrules the point of London on November 16, 1945. . . . order. MR. [JOHN] TABER (of New York): MR. [FRANK A.] MATHEWS [Jr., of Mr. Chairman, I make a point of order New Jersey]: Mr. Chairman, a point of against section 1 of the bill, beginning order. in line 3 on page 1, and ending in line THE CHAIRMAN: The gentleman will 2 on page 2. . . . state it. I make the point of order, Mr. Chair- MR. MATHEWS: The point of order is man, on the ground that it is an appro- as follows: As I understand, upon the priation coming from a committee not authorized to report appropriations to adoption of this resolution the United the House. That kind of a point of States of America authorizes the Presi- order can be made at any time during dent to make it, the United States, a the consideration of the bill. member of this Organization whose I call the attention of the Chair to constitution is set forth in the report of article IX of the constitution of this Or- the committee. ganization which appears in the report Under article IX of that constitution of the committee on page 9. headed ‘‘Budget’’ the following appears: It says: Sec. 1. The budget shall be admin- The General Conference shall ap- istered by the Organization. prove and give final effect to the 2. The General Conference shall budget and to the apportionment of approve and give final effect to the financial responsibility among the budget and to the apportionment of states members of the Organization financial responsibility among the subject to such arrangement with states members of the the United Nations as may be pro- Organization— vided in the agreement to be entered into pursuant to article X. 20. Sec. 4 stated in part: There is hereby authorized to be Let me call attention to the fact that this authorizes the validation of that appropriated annually to the Depart- article. . . . ment of State, out of any money in the Treasury not otherwise appro- THE CHAIRMAN: (19) The Chair is prepared to rule. The gentleman from priated, such sums as may be nec- New York makes a point of order essary for the payment by the against section 1 of the resolution on United States of its share of the ex- the ground that it appropriates money penses of the Organization as appor- and comes from a committee not au- tioned by the General Conference of thorized to make appropriations. the Organization in accordance with No appropriation is made in section article IX of the constitution of the 1 of the bill. Organization, and such additional Section 4 of the joint resolution sums as may be necessary to pay the would authorize an appropriation at a expenses of participation by the United States in the activities of the 19. William M. Colmer (Miss.) Organization.

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And so forth. I contend, Mr. Chair- issues for the purpose of man, that that in effect practically del- making loans was held not to egates the power of appropriation of this body to an organization or a part be an appropriation and not of an organization which is not com- in violation of Rule XXI posed of Members of this body and not clause 4 (subsequently clause acting officially. I contend further, 5). therefore, that we have no right con- (21) stitutionally to so delegate liability for On June 27, 1949, the House those appropriations or expenditures. resolved itself into the Committee . . . of the Whole to consider the Hous- ( ) MR. [KARL E.] MUNDT [of South Da- ing Act of 1949. 22 During the kota]: May I suggest to the gentleman committee’s consideration, the fol- from New Jersey that the Chair has allowing language was read: (1) ready ruled on practically an identical point of order. (e) To obtain funds for loans under this title, the Administrator, on and MR. MATHEWS: That was not the same point. after July 1, 1949, may, with the approval of the President, issue and have THE CHAIRMAN: The Chair is pre- outstanding at any one time notes and pared to rule. The Chair, in construing obligations for purchase by the Sec- a point of order raised by the gen- retary of the Treasury in an amount tleman from New York (Mr. Taber) on not to exceed $25,000,000. . . . a similar proposition, ruled that it was (f) Notes or other obligations issued not an appropriation and, therefore, by the Administrator under this title the point of order did not lie. The shall be in such forms and denomina- Chair calls the attention of the gen- tions, have such maturities, and be tleman from New Jersey to the fact subject to such terms and conditions as that section 4, page 5, is the authoriza- may be prescribed by the Adminis- tion section of the joint resolution, and trator, with the approval of the Sec- that money could not be appropriated retary of the Treasury. Such notes or until it was authorized by that section. other obligations shall bear interest at The point of order is overruled. a rate determined by the Secretary of the Treasury, taking into consideration Loans From Public Debt the current average rate on out- Proceeds standing marketable obligations of the United States as of the last day of the § 4.43 A discussion of the na- month preceding the issuance of such ture of an ‘‘appropriation’’ notes or other obligations. The Sec- took place in the House 21. 95 CONG. REC. 8451, 81st Cong. 1st when language in a housing Sess. bill authorizing the Sec- 22. H.R. 4009. retary of the Treasury to use 1. 95 CONG. REC. 8480, 81st Cong. 1st proceeds of public-debt Sess. 5075

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retary of the Treasury is authorized develop a device or mechanism for get- and directed to purchase any notes and ting funds out of the Federal Treasury other obligations of the Administrator in an unprecedented degree. issued under this title and for such The Constitution has said that no purpose is authorized to use as a pub- money shall be drawn from the Treas- lic debt transaction the proceeds from ury but in consequence of appropria- the sale of any securities issued under tions made by law. It must follow that the Second Liberty Bond Act, as the mechanism which gets the money amended, and the purposes for which out of the Treasury is an appropria- securities may be issued under such tion. act, as amended, are extended to in- I invite the attention of the Chair- clude any purchases of such notes and man to the fact that subparagraph (e) other obligations. The Secretary of the states: Treasury may at any time sell any of the notes or other obligations acquired To obtain funds for loans under this title, the Administrator may by him under this section. All redemp- issue and have outstanding at any tions, purchases, and sales by the Sec- one time notes and obligations for retary of the Treasury of such notes or purchase by the Secretary of the other obligations shall be treated as Treasury in an amount not to exceed public debt transactions of the United $25,000,000, which limit on such States. outstanding amount shall be increased by $225,000,000 on July 1, On the next day, Members dis- 1950, and by further amounts of $250,000,000 on July 1 in each of the cussed the effect of such lan- years 1951, 1952, and 1953, guage: (2) respectively—

MR. [FRANCIS H.] CASE [of South Da- Within the total authorization of kota]: Mr. Chairman, the point of order $1,000,000,000. I make is that subparagraphs (e) and Further that subparagraph (f) pro- (f) of section 102 in title I constitute vides that— the appropriation of funds from the The Secretary of the Treasury is Federal Treasury, and that the Com- authorized and directed— mittee on Banking and Currency is without jurisdiction to report a bill car- And I call particular attention to the rying appropriations under clause 4, use of the words ‘‘and directed’’—to rule 21, which says that no bill or joint purchase any notes and other obliga- resolution carrying appropriations tions of the Administrator issued shall be reported by any committee not under this title and for such purpose is having jurisdiction to report appropria- authorized to use as a public debt tions. transaction the proceeds from the sale This is no casual point of order made of any securities issued under the Sec- as a tactical maneuver in consideration ond Liberty Bond Act, as amended— of the bill. I make this point of order And so forth. The way in which this because this proposes to expand and particular language extends this device of giving the Secretary authority to 2. Id. at pp. 8536–38. subscribe for notes by some authority

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is this: It includes the words ‘‘and di- poration was also financed by that rected.’’ method. It does not seem to me that In other words, the Secretary of the this is a seasonable objection. This has Treasury has no alternative when the been the policy of the Congress for Administrator presents to him some of years. these securities for purchase but to Mr. Chairman, this is not raising purchase them. The Secretary of the money to be appropriated for the pur- Treasury is not limited to purchasing poses that ordinary appropriation bills them by proceeds from the sale of carry. All of this money is to be used bonds or securities. He is directed to as loans. purchase these notes and obligations The gentleman says that in other issued by the Administrator. That acts the Secretary of the Treasury is means he might use funds obtained ‘‘authorized’’ but not ‘‘directed’’. I con- from taxes, that he might use funds tend that the meaning of ‘‘authorized’’ obtained through the assignment of and ‘‘directed’’ in this act is absolutely miscellaneous receipts to the Treasury, the same. that he might use funds obtained through the proceeds of bonds. . . . Do you think when you authorize the Secretary of the Treasury to raise Mr. Chairman, this is not, as I said funds to carry out a great public pur- earlier, a casual point of order; we are here dealing with the fundamental pose it is in his discretion whether he power of the Congress to control appro- shall raise those funds and that that priations. No such device has ever be- shall depend on the discretion of the fore, so far as I can find out, been pre- Secretary of the Treasury? I say ‘‘au- sented to the Congress for getting thorized’’ in this sense means ‘‘di- money in the guise of a legislative bill rected.’’ It could not mean anything without its having been considered by else, otherwise you would be dele- the Committee on Appropriations. It is gating to an officer of the Government a mandatory extraction of funds from entire discretion as to whether or not the Public Treasury, and, con- great national acts should be carried sequently, constitutes an appropriation out and the purposes of Congress and is beyond the authority or the ju- should be subserved. risdiction of the Committee on Banking MR. CASE of South Dakota: Mr. and Currency to report in this bill. Chairman, in most of the acts which . . . the gentleman has suggested, points of MR. [BRENT] SPENCE [of Kentucky]: order were waived, and I refer to Mr. Chairman, the raising of funds by Bretton Woods and some of the other public debt transaction has been fre- bills. But as to the particular point quently authorized by the Congress: here in issue, the question whether the The Export-Import Bank raises funds words ‘‘and directed’’ have any mean- by that method; the Bretton Woods ing, if they do not have any meaning Agreement, in my recollection, is car- why are they there? The present hous- ried out by that method; the British ing act merely authorizes the Secretary loan was financed by that method, and of the Treasury to purchase. It does the Federal Deposit Insurance Cor- not say ‘‘and directed.’’ The very inclu-

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sion of the words ‘‘and directed’’ is evi- The provisions of this bill are not dence of the fact they have a special taking for one’s own use, because meaning They create a mandatory ex- this is a loan designed purely for traction of funds from the Public loan purposes. It is not a definite appropriation. It is giving authority to Treasury. utilize for loan purposes and the MR. SPENCE: Mr. Chairman, I still money comes back into the Treasury contend unless you would make our of the United States with interest. acts a nullity ‘‘authorized’’ and ‘‘di- Again, the word ‘‘appropriations’’ rected’’ have exactly the same meaning is defined: when applied to a public official Something, as money, appropriated— charged with carrying out a great national act. I do not think there can be I call particular attention to those any reasonable construction that would words ‘‘something, as money, hold otherwise. . . . appropriated’’— MR. [JOHN W.] MCCORMACK [of Mas- or set apart, as by a legislature, for sachusetts]: Mr. Chairman, I agree a special use. with my friend who has raised the point of order that this is not a casual I repeat ‘‘something, as money.’’ one, but, on the contrary, is a very sin- The provision in paragraph (f) that cere one. It presents a new question my friend has raised a point of order from a legislative angle to be passed against relates entirely to loans. As we upon in the direct question raised by read section 102 of title I it starts out the point of order. with loans. Throughout the bill, a The gentleman from South Dakota number of times, there is reference to has referred to the Constitution. The loans. Constitution says: Paragraph (e) says: No money shall be drawn from the To obtain funds for loans under Treasury but in consequence of ap- this title. propriations made by law. It is a loan. The word ‘‘appropriations’’ is used. The meat of the two paragraphs, as The rule referred to, clause 4, rule I see it, is this: 21, says: Paragraph (f), line 23, page 8, says: No bill or resolution carrying ap- The Secretary of the Treasury is propriations shall be reported by any authorized and directed to purchase committee not having jurisdiction to any notes and other obligations of report appropriations. the Administrator issued under this title and for such purpose is author- You will note the word ‘‘appropria- ized to use as a public-debt trans- tions’’ is used. Now, let us see what action the proceeds from the sale of ‘‘appropriations’’ means. any securities issued under the Sec- I have before me Funk & Wagnalls ond Liberty Bond Act, as amended, Standard Dictionary and ‘‘appropria- and the purposes for which securities may be issued under such act, as tions’’ is defined as follows: To set amended, are extended to include apart for a particular use. To take for any purchases of such notes and one’s own use. other obligations.

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It seems to me that that is the meat. MR. [JOHN] PHILLIPS of California: Certainly, the language there does not The question has to do with the mean- amount to an appropriation. It is en- ing of ‘‘authorized and directed.’’ With- tirely for loan purposes. . . . in the past 6 weeks I have had a bill MR. [RALPH E.] CHURCH [of Illinois]: before one of the major committees of The gentleman has discussed the this House. The county counsel of my point—the difference between the word home county raised the question of ‘‘authorized’’ and ‘‘directed.’’ Does not whether the wording should be the gentleman realize that he is ‘‘au- ‘‘authorized‘‘ or ‘‘authorized and di- thorized’’ to appear on the floor and rected’’ in four different places in the ‘‘authorized’’ to make statements? The bill. It was taken up with the attorneys gentleman is not ‘‘directed’’ to. Now, for the Interior Department. The attor- following further, the Committee on neys recognized the distinction be- Appropriations of this House is ‘‘au- tween ‘‘authorized’’ and ‘‘authorized thorized’’ to do certain things, but the and directed,’’ and agreed upon the in- gentleman must realize that the Com- clusion in certain instances and not in mittee on Appropriations is not ‘‘di- others. There is a recognized distinc- rected’’ to do certain things. There is a tion, Mr Chairman. real difference, a constitutional dif- THE CHAIRMAN: (3) The Chair is preference between the words ‘‘author- pared to rule. ized’’ and ‘‘directed.’’ The gentleman is The Chair agrees with the gen- ‘‘authorized’’ to walk down the street tleman from South Dakota that the and ‘‘authorized’’ to do many things. point which has been raised is not a But the gentleman would fight for his casual point of order. As a matter of right not to be ‘‘directed’’ to do what he fact, as far as the Chair has been able is ‘‘authorized’’ to do. The gentleman’s to ascertain, this is the first time a argument is farfetched. This is a seri- point of order has been raised on this ous situation. issue as violative of clause 4 of rule MR. MCCORMACK: There is nothing XXI. the gentleman has said that I can dis- As the Chair sees the point of order, agree with except that everything the the issue involved turns on the mean- gentleman has said has no application ing of the word ‘‘appropriation.’’ ‘‘Ap- to the matter pending now. The basic propriation,’’ in its usual and cus- question here is whether or not this is tomary interpretation, means taking an appropriation within the meaning money out of the Treasury by appro- of the rules or money that is going to priate legislative language for the sup- be utilized for loan purposes and recov- port of the general functions of Govern- ered back into the General Treasury. ment. The language before us does not So the gentleman’s observations, as I do that. This language authorizes the see it, respecting the gentleman as I Secretary of the Treasury to use pro- do, have no application at all to the ceeds of public-debt issues for the pur- basic and pertinent question presented pose of making loans. Under the lan- to the Chair by the point of order guage, the Treasury of the United raised by the gentleman from South Dakota. . . . 3. Hale Boggs (La.).

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States makes advances which will be to be an appropriation in repaid in full with interest over a pe- violation of Rule XXI clause 4 riod of years without cost to the tax- payers. (now clause 5). Therefore, the Chair rules that this On June 29, 1954,(4) the Committee language does not constitute an appro- of the Whole was considering H.R. priation, and overrules the point of 9678, the Mutual Security Act of 1954. order. . . . An amendment was offered and a point MR. CASE of South Dakota: Would of order raised as indicated below: the Chair hold then that that language The Clerk read as follows: restricts the Secretary of the Treasury Amendment offered by Mr. Judd: to using the proceeds of the securities Page 29, line 15, strike out all on issued under the Second Liberty Bond lines 15 through 23 and insert in Act and prevents him from using the lieu thereof the following: proceeds from miscellaneous receipts ‘‘Sec. 402. Earmarking of funds: Of the funds authorized to be made or tax revenues? available pursuant to this act, not THE CHAIRMAN: The Chair does not less than $500 million shall be used have authority to draw that distinc- to finance the purchase and export of tion. The Chair is passing on the par- surplus agricultural commodities or ticular point which has been raised. products thereof produced in the United States and foreign currency . . . The Chair can make a distinction proceeds therefrom shall be used for between the general funds of the the purposes of this act pursuant to Treasury and money raised for a spe- section 104 of the Agricultural Trade cific purpose by the issuance of securi- and Development Act of 1954.’’ ties. That is the point involved here. MR. [JOHN] TABER [of New York]: Mr. Chairman, a point of order. Future Foreign Currency Pro- THE CHAIRMAN: (5) The gentleman ceeds From Exports will state it. Mr. TABER: Mr. Chairman, I make § 4.44 To a bill reported by the the . . . point of order that it involves Committee on Foreign Af- an appropriation of funds, and I call fairs, an amendment ear- attention to the fact that the language marking a specified amount says that these funds that are realized from the sale of these products can be of the funds authorized by used for a particular purpose. That the bill to be used specifi- makes an appropriation out of it. cally for the purchase and THE CHAIRMAN: Does the gentleman export of surplus agricul- from Minnesota desire to be heard? tural commodities and pro- MR. [WALTER H.] JUDD [of Min- viding that future foreign nesota]: Yes, Mr. Chairman.

currency proceeds therefrom 4. 100 CONG. REC. 9238, 9239, 83d would be used for the pur- Cong. 2d Sess. poses of the act was held not 5. Clarence J. Brown (Ohio). 5080

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This is not an appropriation. The Committee on Banking and total bill authorizes the appropriation Currency repealing the pub- of about $3.4 billion. This section is a limitation or earmarking of funds that lic-debt financing provisions may be appropriated under the author- of the Area Redevelopment ization. It says that of the $3.4 billion, (revolving) Fund, and, in lieu if and when it is appropriated, not less thereof, authorizing appro- than $500 million shall be used for a priations for a reconstituted given purpose. This is language that is almost word for word the same as sec- Area Redevelopment Fund, tion 550 of the act last year, except the was held not to be an appro- act last year said not less than $100 priation within the purview million and not to exceed $250 million of Rule XXI clause 4 (subse- should be used for this purpose of pur- quently clause 5) where an- chasing surplus agricultural commod- other section of the bill au- ities to be used as aid instead of dollars. . . . thorized subsequent appro- THE CHAIRMAN: The Chair is pre- priations for the fund. pared to rule. On June 12, 1963,(6) the Com- On a careful reading of the amend- mittee of the Whole was consid- ment as modified—and I wish to read ering H.R. 4996, a bill amending the wording of it—‘‘of the funds authorized to be made available pursuant the Area Redevelopment Act. At to this act not less than,’’ and so one point the Clerk read as fol- forth—it is the ruling of the Chair that lows, and a point of order was this amendment should be interpreted raised as indicated below: to mean that unless the appropriation Sec. 6. (a) Subsection (a) of section 9 is first authorized, the amendment has of the Area Redevelopment Act is re- no effect whatsoever and therefore the pealed. Chair overrules the point of order. (b) Subsection (b) of section 9 of such Parliamentarian’s Note: See Act is redesignated as subsection (a), Sec. 4.23, supra, where language and the first sentence of such sub- authorizing new use of existing section as so redesignated is amended to read as follows: ‘‘There shall be in foreign currency proceeds already the Treasury of the United States an available for a different purpose area redevelopment fund (hereinafter under existing law was ruled out referred to as the ‘fund’) which shall be as an appropriation. available to the Secretary for the purpose of extending financial assistance under sections 6 and 7 and for repay- Reconstituted Area Redevelop- ment of all obligations and expendi- ment Fund tures arising therefrom.’’. . .

§ 4.45 Language in an amend- 6. 109 CONG. REC. 10721, 10722, 88th ment to a bill reported by the Cong. 1st Sess

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MR. [H. R.] GROSS [of Iowa]: Mr. Use of Loan Repayments Chairman, a point of order. THE CHAIRMAN: (7) The gentleman § 4.46 Language in an amend- from Iowa will state it. ment to a bill reported by the MR. GROSS: Mr. Chairman, I make a Committee on Banking and point of order against the language on page 5, line 18, beginning with the Currency repealing the pub- words ‘‘and the first sentence of such lic debt financing provisions subsection as so redesignated is of the Area Redevelopment amended to read as follows:’’. . . Act fund, in lieu thereof au- Mr. Chairman, I make the point of thorizing appropriations for order that this constitutes, in fact, an a reconstituted fund, and ap- appropriation in a legislative bill plying receipts from the re- THE CHAIRMAN: Does the gentleman from Texas desire to be heard on the payments of loans to the point of order? credit of available appropria- MR. [WRIGHT] PATMAN [of Texas]: tions was held not to be an Mr. Chairman, this just merely reappropriation within the states existing law. It just creates a purview of Rule XXI clause 4 fund which already exists, really, and (subsequently clause 5) upon the fund will be supplemented by the amount appropriated through regular assurances that such receipts channels. . . . could not be reused without THE CHAIRMAN: The Chair would a subsequent appropriation. like to inquire of the gentleman wheth- On June 12, 1963,(8) during con- er or not additional appropriations are required for this fund? sideration in the Committee of the MR. PATMAN: Yes, sir; they are re- Whole of the Area Redevelopment quired. Act amendments (H.R. 4996) a THE CHAIRMAN: They are required? point of order was raised against MR. PATMAN: Yes; section 10 says: the following language, and pro- Funds appropriated for the pur- ceedings ensued as indicated pose of extending financial assist- below: ance under sections 6 and 7 shall be deposited in the Area Redevelopment Sec. 7. Section 11 of the Area Rede- Fund in the Treasury of the United velopment Act is amended— States. (1) by striking out ‘‘$4,500,000’’ and THE CHAIRMAN: Additional legisla- inserting in lieu thereof ‘‘$10,000,000’’; tion would be necessary to appropriate and funds. The Chair holds this is an au- (2) by inserting before the last sen- thorization and overrules the point of tence the following: ‘‘The Secretary, in order. 8. 109 CONG. REC. 10722, 88th Cong. 7. Frank M. Karsten (Mo.). 1st Sess.

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his discretion, may require repayment point of order because additional legis- of the assistance provided under this lation would be necessary. section and prescribe the terms and conditions of such repayment. Receipts Senate Ruling on Public Debt from such repayments shall be credited Transaction Financing to the appropriation available for assistance under this section which is § 4.47 The Presiding Officer of current at the time of repayment.’’. . . the Senate ruled that a pro- MR. [H. R.] GROSS [of Iowa]: Mr. Chairman, a point of order. vision in a bill authorizing THE CHAIRMAN: (9) The gentleman use of proceeds of public will state it. debt transactions for financ- MR. GROSS: Mr. Chairman, I make a ing loans to the Development point of order against the language Loan Fund did not constitute found on page 6 of the bill, line 23, which reads as follows: an appropriation in a legislative bill in contravention of Receipts from such repayments shall be credited to the appropriation Senate Rule XVI. available for assistance under this (10) section which is current at the time On July 1, 1959, the fol- of repayment. lowing point of order was raised, I again make the point of order that and the proceedings were as indi- this constitutes in fact an appropria- cated below: tion in a legislative act. MR. [FRANCIS H.] CASE of South Da- THE CHAIRMAN: Does the gentleman kota: Mr. President, I desire to make a from Texas wish to be heard on the point of order regarding the language point of order? which appears on page 16, beginning MR. [WRIGHT] PATMAN [of Texas]: in line 13, and through line 13 on page Mr. Chairman, this concerns repay- 17. That part of the bill is section 203; ment and disposal of it after it has and I make the point of order against been repaid from which it was origi- it. . . . nally appropriated. I do not believe the The point of order is that that provi- gentleman’s point of order is well sion constitutes an appropriation, and taken. that an appropriation cannot be made THE CHAIRMAN: May the Chair in- in a legislative bill reported by the For- quire whether these funds can be re- eign Relations Committee. . . . used? I invite the attention of the Chair to MR. PATMAN: I am sure they have to the language of the provision itself: be reappropriated. The funds received (b) For purposes of the loans pro- cannot be reused, they have to be re- vided for in this section, the Sec- appropriated. THE CHAIRMAN: Relying upon that 10. 105 CONG. REC. 12435–37, 86th assurance, the Chair overrules the Cong. 1st Sess. See also § 4.43, supra, for a similar 9. Frank M. Karsten (Mo.). ruling under the rules of the House.

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retary of the Treasury is authorized revolving funds created thereunder, to use the proceeds of the sale of any even though the point of order was not securities issued under the Second squarely raised before, the Chair feels Liberty Bond Act as now in force or disposed to follow the precedents, and as hereafter amended, and the purposes for which securities may be overrules the point of order. issued under the Second Liberty Bond Act are hereby extended to include this purpose. The President shall determine the terms and condi- § 5. Contingent Fund Ex- tions of any advances or loans made penditures to the Fund pursuant to this section. . . . The amount of such obligations Money appropriated for the con- also may not exceed the limitations tingent fund of the House is used specified in section 203(a) of this Act except that, to the extent that assets for such miscellaneous purposes of the Fund other than capitalization as employees salaries or salary in- provided pursuant to section 203(a) creases, including those of com- are available, obligations may be incurred beyond such limitations. . . . mittee investigative personnel; certain allowances (12) house- (11) THE PRESIDING OFFICER: The keeping actions (13) and the like. Chair has not had an opportunity to study the point of order. After discus- Simple House resolutions, which sion with the Parliamentarian, the provide for expenditures from the Chair believes it may be necessary to contingent fund, are reported by examine the precedents in connection the Committee on House Adminis- with this matter. tration and called up as privi- The Chair wonders whether the leged.(14) chairman of the Foreign Relations On occasion, a resolution not Committee has any comment to make formally reported by the Com- in connection with this matter. mittee on House Administration, MR. [J. WILLIAM] FULBRIGHT [of Ar- kansas]: Mr. President, I think the providing for payment from the precedents are so clear that the Chair contingent fund of salaries of in- would not need to study the matter. There have been many precedents. The 12. On one occasion, expenses incident form of this provision is precisely the to a special session of Congress, in- same as the language used 2 years ago cluding mileage for the Vice Presi- when the Senate voted to approve this dent, Senators, and Representatives, very operation of borrowing through and payments to pages, were pro- the public debt transactions. . . . vided for by appropriations made in a joint resolution. See § 8.21, infra. THE PRESIDING OFFICER: In view of the precedents of other legislation 13. See Procedure in the U.S. House of which has passed this body, including Representatives, Ch. 6 §§ 10–13 (4th ed.). 11. Frank E. Moss (Utah). 14. See § 5.1, infra.

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vestigative personnel of standing and the Resident Commissioner to and select committees for a three employ a ‘‘summer Congressional months period (pending adoption Intern’’ and permitting payment of annual committee funding reso- from the contingent fund of lution), is called up and agreed to amounts required to carry out the by unanimous consent.(15) resolution, was reported by the The Committee on House Ad- Committee on House Administra- ministration formerly had author- tion and called up as privileged:

ity to fix allowances without sub- MR. [SAMUEL N.] FRIEDEL [of Mary- sequent House approval. Such au- land]: Mr. Speaker, by direction of the thority, except for cost of living Committee on House Administration, I adjustments, was withdrawn on call up House Resolution 416, with July 1, 1976, by a House resolu- amendments thereto, and ask for its immediate consideration. tion thereafter enacted into law. The Clerk read the resolution, as fol- Subsequent House approval is lows: presently required for Committee on House Administration orders H. RES. 416 fixing allowances beyond the 94th Resolved, That (a) notwithstanding (16) any other provision of law, each Congress. Member of the House of Representa-

f tives and the Resident Commissioner from Puerto Rico are authorized to hire . . . one additional em- Privileged Resolution ployee. . . . For this purpose each Member of the House of Representa- § 5.1 A resolution reported by tives and the Resident Commissioner from Puerto Rico shall have avail- the Committee on House Ad- able for payment to such intern a ministration providing for an gross allowance of $750 . . . payable from the contingent fund of the expenditure from the contin- House until otherwise provided by gent fund is called up as law. privileged. In response to a parliamentary On June 16, 1965,(1) a resolu- inquiry, Speaker John W. McCor- tion (2) authorizing each Member mack, of Massachusetts, indicated that such a report, privileged 15. See Procedure in the U.S. House of under Rule XI, may be called up Representatives Ch. 25 § 4.4 (4th ed.) for consideration on the same day 16. See Procedure in the U.S. House of Representatives Ch. 25 § 4.5 (4th ed.) reported, and unanimous consent 1. 111 CONG. REC. 13799, 89th Cong. is not required. 1st Sess. Parliamentarian’s Note: Such 2. H. Res. 416. reports are now subject to the

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three-day layover requirement of title 5, United States Code. The contingent fund of the House of Rep- Rule XI clause 2(l)(6). resentatives is made available to carry out the purposes of this resolu- § 5.2 A resolution reported by tion. the Committee on House Ad- [The resolution was rejected.] ministration, providing for payment from the contingent Surplus Contingent Funds fund of additional compensation for certain positions cre- § 5.3 The House agreed to a ated by House resolution, resolution authorizing the was called up as privileged. transfer of surplus 1960 contingent funds to liquidate On Aug. 5, 1970,(3) the following 1962 contingent fund obliga- proceedings took place: tions of the House. MR. [WAYNE L.] HAYS [of Ohio]: Mr. On June 21, 1962,(4) the fol- Speaker, by direction of the Committee on House Administration, I [call up] a lowing proceedings took place: privileged report (Rept. No. 91–1378) MR. [SAMUEL N.] FRIEDEL [of Mary- on the resolution (H. Res. 1117) relat- land]: Mr. Speaker, by direction of the ing to the compensation of two posi- Committee on House Administration, I tions created by House Resolution 543, call up the resolution (H. Res. 694) au- 89th Congress, and ask for immediate thorizing the transfer of certain funds consideration of the resolution. within the contingent fund of the The Clerk read the resolution as fol- House of Representatives, and ask for lows: its immediate consideration. The Clerk read the resolution, as fol- H. RES. 1171 lows: Resolved, That, until otherwise Resolved, That such funds as may provided by law, effective as of Janu- be necessary to liquidate the 1962 ary 1, 1970, the per annum (gross) obligations may be transferred, with- rate of compensation (basic com- in the contingent fund of the House pensation plus additional compensa- of Representatives, from ‘‘Miscella- tion authorized by law) of each of the neous Items, 1960’’, to ‘‘Special and two positions referred to in House Select Committees, 1962’’. Resolution 543, Eighty-ninth Con- gress, shall not exceed the annual The resolution was agreed to. rate of basic pay for level IV of the A motion to reconsider was laid on Executive Schedule of section 5315 of the table.

3. 116 CONG. REC. 27449–51, 91st resolution authorizing transfer of Cong. 2d Sess. surplus 1961 contingent funds to liq- 4. 108 CONG. REC. 11314, 87th Cong. uidate 1963 contingent fund obliga- 2d Sess. tions of the House. See also 109 CONG. REC. 11462, 88th Cong. 1st Sess., June 25, 1963, for a

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B. REPORTING AND CONSIDERATION OF APPROPRIATION BILLS TEXT § 6. Generally; Privileged The precedence of appropriation Status bills is also recognized in provisions relating to the order of busi- The rules (5) give a privileged ness in Committee of the Whole.(8) status to reports on general ap- But the usual practice is to con- propriation bills. Under the rules, sider general appropriation bills the Committee on Appropriations under the rule giving privileged is given ‘‘leave to report at any status to a motion that the House time’’ on general appropriation resolve itself into the Committee bills. But the privilege is subject of the Whole for the purpose of to the requirement under another considering general appropriation (6) rule that general appropriation bills.(9) The motion ordinarily des- bills not be considered in the ignates the particular bill to be House until printed committee hearings and a committee report considered. thereon have been available for It should be emphasized that the Members for at least three the right of the Committee on Ap- calendar days (excluding Satur- propriations to report at any time days, Sundays, and legal holi- is confined strictly to general ap- days). Of course, the rule requir- propriation bills, and does not in- ing printed hearings and the com- clude appropriations for specific mittee report to have been avail- purposes or resolutions extending able for three days may be waived appropriations. An example of ( ) by unanimous consent. 7 measures not considered ‘‘general 5. See Rule XI clause 4(a), House Rules appropriation bills,’’and therefore and Manual Sec. 726 (1981). not reported or called up as privi- See § 5, supra, for discussion of the leged, is a joint resolution pro- privileged status of resolutions re- viding continuing appropriations ported by the Committee on House for departments and agencies of Administration that provide for expenditures from the contingent fund 8. See Rule XXIII clause 4, House of the House. Rules and Manual § 869 (1981). 6. Rule XXI clause 6 (subsequently 9. Rule XVI clause 9, House Rules and clause 7), House Rules and Manuals Manual § 802 (1981). Under the rule, § 848 (1981). the motion to consider general ap- 7. See 108 CONG. REC. 19237, 87th propriation bills and the motion to Cong. 2d Sess., Sept. 12, 1962 (pro- consider revenue bills are of equal ceedings relating to H.R. 13175). privilege.

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government, to provide funds consent, the House may make in until the regular appropriation order the consideration of a reso- bills are enacted.(10) Similarly, a lution providing supplemental ap- joint resolution providing an appropriations for a single govern- propriation for a single government agency.(14) ment agency is not a general ap- All bills that make appropria- propriation bill and is not re- tions—in fact all proceedings ported as privileged.(11) touching appropriations of Of course, consideration of non- money—require consideration first privileged appropriation bills may in Committee of the Whole, and a be made in order by unanimous point of order made pursuant to consent. Thus, a joint resolution this rule is good at any time be- continuing appropriations for a fore the consideration of a bill has fiscal year may be called up as if commenced.(15)

privileged pursuant to a special f order entered into by unanimous consent, even where such joint Relative Privilege resolution has been reported pursuant to the rule (12) relating to § 6.1 The House having agreed the filing of nonprivileged re- that consideration of a gen- ports.(13) Similarly, by unanimous eral appropriation bill take priority over all business ex- 10. See § 8.9, infra. cept conference reports, it 11. See § 7.4, infra; and 111 CONG. REC. was held that such agree- 9518, 89th Cong. 1st Sess., May 5, ment gave a higher privilege 1965. The Committee on Appropriations to the appropriation bill filed as privileged a joint resolution than to consideration of a making supplemental appropriations resolution disapproving reor- to two diverse departments for the ganization plans of the Presi- balance of the fiscal year. See Proce- dure in the U.S. House of Represent- Whole,’’ but are sometimes consid- atives Ch. 25 § 1.2 (4th ed.). ered in Committee of the Whole to 12. Rule XIII clause 2, House Rules and permit more extensive general de- Manual § 743 (1981). bate. See 115 CONG. REC. 31867, 13. See § 8.8, infra. Joint resolutions 31886, 91st Cong. 1st Sess., Oct. 28, continuing appropriations pending 1969 (H.J. Res. 966). enactment of regular annual appro- 14. 108 CONG. REC. 1149, 87th Cong. 2d priation measures are, by unanimous Sess., Jan. 30, 1962. consent, generally considered ‘‘in the 15. Rule XXIII clause 3, House Rules House as in Committee of the and Manual § 865 (1981).

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dent, business in order under that the appropriation bill should have the ‘‘21-day rule,’’ and other the right-of-way over other privileged business under the rules until disposi- business tion, with the exception of conference On May 9, 1950 (16) the fol- reports. Therefore, I believe the reg- lowing proceedings took place: ular order would be to proceed with the further consideration of H.R. MR. [CLARE E.] HOFFMAN of Michi- 7786. . . . gan: Mr. Speaker, I make the point of MR. [JOHN] TABER [of New York]: order that the House is not proceeding Under the estabished rules of practice in the regular order because under sec- of the House, when a special order like tion 205a of the Reorganization Act, that is granted, like that which was which is Public Law 109 of the Eighty- granted at the request of the gen- first Congress, first session, any Mem- tleman from Missouri (Mr. Cannon), if ber of the House is privileged, and this those in charge of the bill do not is a highly privileged motion, to make present on any occasion a motion to go the motion that the House proceed to into Committee of the Whole, it is in the consideration of House Resolution order for the Speaker to recognize 516. other Members for other items that are The gentleman from Michigan being in order on the calendar. That does not on his feet to present this highly privi- deprive the holder of that special order leged motion, the regular order is that of the right, when those items are dis- he be recognized for that purpose that posed of, to move that the bill be con- the motion be entertained and the sidered further in Committee of the question put before the House, and my Whole. . . . motion is that the House proceed to MR. [ROBERT F.] RICH [of Pennsyl- the consideration of House Resolution vania]: If the 21 resolutions that were 516. presented to the House by the Presi- ( ) THE SPEAKER PRO TEMPORE: 17 That dent, a great many of which have been is the resolution disapproving one of considered by the Committee on Ex- the reorganization plans? penditures in the Executive Depart- MR. HOFFMAN of Michigan: That is ments—of which the chairman is a right, House Resolution 516 dis- member, and which have been acted on approving plan No. 12. . . . by that committee—are not presented MR. [GEORGE H.] MAHON (of Texas): to the House before the twenty-fourth Mr. Speaker, on April 5, 1960, as of this month, they become law. The shown at page 4835 of the daily Record general appropriation bill does not nec- of that day, the chairman of the Com- essarily have to be passed until the mittee on Appropriations, the gen- 30th of June, but it is necessary that tleman from Missouri (Mr. Cannon) the 21 orders of the President be asked and received unanimous consent brought before the House so they can be acted on by the twenty-fourth of 16. 96 CONG. REC. 6720–24, 81st Cong. this month, and it seems to me that 2d Sess. they ought to take precedence over any 17. John W. McCormack (Mass.). other bill. . . .

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MR. [JOHN E.] RANKIN [of Mis- has the force of a rule, and which re- sissippi]: Mr. Speaker, may I be heard lates to the rules of the House gov- on the point of order? erning the consideration of the omni- THE SPEAKER PRO TEMPORE: The bus appropriation bill while it is before Chair will hear the gentleman. the House and, of course, incidentally MR. RANKIN: I was going to say that affecting other legislation. The consent if this is of the highest constitutional request submitted by the gentleman privilege it comes ahead of the present from Missouri was ‘‘that the general legislation. appropriation bill for the fiscal year 1951 have right-of-way over all other THE SPEAKER PRO TEMPORE: The privileged business under the rules Chair is prepared to rule. until disposition, with the exception of The gentleman from Michigan conference reports.’’ makes a point of order, the substance That request was granted by unani- of which is that the motion he desires mous consent. On the next day the to make or that someone else should gentleman from Missouri [Mr. Can- make in relation to the consideration non], in correcting and interpreting the of a disapproving resolution of one of consent request granted on April 5, the reorganization plans takes prece- submitted a further unanimous-con- dence over the appropriation bill inso- sent request. far as recognition by the Chair is con- The daily Record shows, on page cerned. The gentleman from Michigan 4976, April 6, that the gentleman from raises a very serious question and the Missouri [Mr. Cannon] said: Chair feels at this particular time that it is well that he did so. Mr. Speaker, on page 4835 of the daily Record of yesterday, the first The question involved is not a con- column carrying the special order stitutional question but one relating to made by the House last night reads the rules of the House and to the Leg- that the general appropriation bill islative Reorganization Act of 1949. shall be a special order privileged . . . The Chair calls attention to the above all other business of the House under the rule until disposition. The language of paragraph (b) of section order made was until final disposi- 201 of title II of the Reorganization Act tion. I ask unanimous consent that of 1949 which reads as follows: ‘‘with the Record and Journal be corrected full recognition of the constitutional to conform with the proceedings on right of either House to change such the floor of the House yesterday. rules so far as relating to procedure in The Record further shows that the such House at any time in the same Speaker put the request and there was manner and to the same extent as in no objection. the case of any other rule of such MR. RANKIN: Mr. Speaker, a par- House.’’. . . liamentary inquiry. . . . On April 5, the gentleman from Mis- We for the first time this year have souri [Mr. Cannon], chairman of the all the appropriations in one bill. Now, Committee on Appropriations, sub- if they drag out consideration under mitted a unanimous-consent request to the 5-minute rule beyond the 24th, the House, which was granted, which would that not shut the Congress off

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entirely from voting on any of these THE SPEAKER PRO TEMPORE: They recommendations? So we do have a were specifically exempted. In relation constitutional right to consider these to the observation made by the gen- propositions without having them tleman from Michigan [Mr. Hoffman) smothered in this way. that because other business has been THE SPEAKER PRO TEMPORE: The brought up and that therefore con- Chair will state that the House always stitutes a violation of the unanimous- has a constitutional right and power to consent request, the Chair, recognizing refuse to go into the Committee of the the logic of the argument, disagrees Whole on any motion made by any with it because that action was done Member, so that the House is capable through the sufference of the Appro- of carrying out its will, whatever may priations Committee and, in the opin- be the will of the majority of the ion of the Chair, does not constitute a House. violation in any way; therefore does Continuing, the Chair will state that not obviate the meaning and effect of in the opinion of the present occupant, the unanimous-consent request herein view of the unanimous-consent re- tofore entered into, and which the quest made by the gentleman from Chair has referred to. Missouri and granted by the House, if For the reasons stated, the Chair any member of the Appropriations overrules the point of order. . . . Committee moves that the House re- MR. [HERMAN P.] EBERHARTER [of solve itself into the Committee of the Pennsylvania]: Mr. Speaker, a par- Whole on the State of the Union to liamentary inquiry. consider the appropriation bill, that motion has preference over any other THE SPEAKER PRO TEMPORE: The preferential motion. It is a matter that gentleman will state it. the House decides when the motion is MR. EBERHARTER: I believe I am cor- made as to what it wants to do and it rect, Mr. Speaker, in stating that since has an opportunity when that motion the unanimous-consent request of the is made to carry out its will. gentleman from Missouri [Mr. Cannon] MR. [ARTHUR L.] MILLER of Ne- was granted, that the House took up a braska: Mr. Speaker, a parliamentary measure under the new 21-day rule. I inquiry. . . . would like to know, Mr. Speaker, I understood the statement of the whether or not that was taken up be- gentleman from Missouri on April 6 cause of its high privilege or whether it was that the appropriation bill would was taken up because of the sufferance take precedence over all legislation and of the chairman of the Committee on special orders until entirely disposed Appropriations, the gentleman from of. Does that include conference re- Missouri [Mr. Cannon]. ports? THE SPEAKER PRO TEMPORE: The THE SPEAKER PRO TEMPORE: A con- present occupant of the Chair, of ference report is in a privileged status course, is unable to look into the mind in any event. of the Speaker who was presiding at MR. TABER: They were specifically the time. But from the knowledge that exempted. the Chair has, which, of course, is

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rather close, it was because the chair- bill after a motion to adjourn man of the Committee on Appropria- was rejected. tions permitted it to be done through ( ) sufferance. In other words, if the chair- On Feb. 14, 1946, 18 a Member man of the Committee on Appropria- addressed Speaker pro tempore tions had insisted on going into the John J. Sparkman, of Alabama, as Committee of the Whole House on the follows, and proceedings ensued State of the Union, and if the present as indicated below: occupant of the chair had been presiding, there is nothing else that could MR. [LOUIS T.] LUDLOW [of Indiana]: have been done under the unanimous- Mr. Speaker, I move that the House consent request, in the Chair’s opinion, resolve itself into the Committee of the but to recognize the motion. Whole House on the State of the Union MR. EBERHARTER: A further par- for the further consideration of the bill liamentary inquiry, Mr. Speaker. . . . (H.R. 5452) making appropriations for As I understand the unanimous-con- the Treasury and Post Office Depart- sent request of the gentleman from ments for the fiscal year ending June Missouri, it was that the appropriation 30, 1947, and for other purposes. bill would take preference over any THE SPEAKER PRO TEMPORE: The other matters having a high privilege. question is on the motion offered by My understanding of the new 21-day the gentleman from Indiana. rule is that that is a matter of the Te question was taken; and on a di- highest privilege, and therefore I am vision (demanded by Mr. Cochran) wondering whether the same rule ap- there were—ayes 103, no 1. plies. MR. [JOHN J.] COCHRAN [of Mis- THE SPEAKER PRO TEMPORE: The souri]: Mr. Speaker, I object to the vote gentleman is correct, but that rule can on the ground that a quorum is not be changed just like any other rule of present and make the point of order the House can be changed. . . . that a quorum is not present. The unanimous-consent request . . . THE SPEAKER PRO TEMPORE: The appears in the Record of April 6, that Chair will count. (After counting.) One hundred and seventy-four Members the general appropriation bill shall be present; not a quorum. a special order privileged above all other business of the House under the MR. [COMPTON I.] WHITE [of Idaho]: Mr. Speaker, I move that the House do rule until disposition. The order made now adjourn. was ‘‘until final disposition.’’ The question was taken; and on House Determines Question of a division (demanded by Mr. Consideration White) there were—ayes 31, noes 103. § 6.2 An automatic roll call was So the motion was rejected. had on the motion to go into the Committee of the Whole 18. 92 CONG. REC. 1324, 79th Cong. 2d to consider an appropriation Sess. 5092

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THE SPEAKER PRO TEMPORE: The appropriations for a single agency question is on the motion offered by or department of government do the gentleman from Indiana [Mr. Lud- low]. not comprise a ‘‘general’’ appro- The Doorkeeper will close the doors, priation bill, though bills making the Sergeant-at-Arms will notify ab- supplemental appropriations for sent Members, and the Clerk will call diverse agencies are considered the roll. general appropriation bills.(1) The question was taken; and there were—yeas 243, nays 16, not voting Use of Continuing Appropria- 171. tions

§ 7.1 Where appropriations for § 7. Nonprivileged Appro- certain operations of the priations—‘‘Continuing’’ Federal Government have re- Appropriations mained unprovided for at the beginning of a fiscal year, The right of the Committee on through the failure of enact- Appropriations to report at any ment of the supply bills cus- time is confined strictly to general tomarily providing for such appropriation bills.(19) This section operations, a bill to extend discusses the consideration of ap- appropriations for a limited propriations not falling within the time period for the same op- category of general appropriation erations as those previously bills. For example, joint resolu- provided for, and under the tions continuing appropriations same conditions, restrictions, pending enactment of general ap- and limitations has been con- propriation bills for the ensuing sidered by unanimous con- fiscal year are not ‘‘general’’ ap- sent. propriation bills and therefore are (2) not reported or called up as privi- On June 30, 1937, the fol- leged.(20) Similarly, supplemental lowing actions took place in the

19. See the discussion at the beginning tinuing appropriation bills to be re- of § 6, supra; and the precedents in ported as privileged after September this section. 15 (H. Res. 5, 97th Cong.). Prece- 20. See Procedure in the U.S. House of dents arrising under this new rule Representatives Ch. 25 § 2.2 (4th ed.). will appear in later volumes. See also 8 Cannon’s Precedents 1. See § 7.4, infra. § 2282, et seq. In 1981, rule XI 2. 81 CONG. REC. 6611, 6612, 75th clause 4, was amended to allow con- Cong. 1st Sess.

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House prior to passage of H.R. that time are without authority to op- 7726: erate. They can spend no money; they cannot enter into contracts; they can- MR. [CLARENCE] CANNON of Mis- not employ assistants, rent quarters, souri: Mr. Speaker, I call up . . . H.R. buy supplies, or legally transact busi- 7726 . . . and ask unanimous consent ness of any character. that the bill may be considered in the All of the supply bills have been en- House as in Committee of the Whole. acted with the exception of two War The Clerk read the title of the bill. Department bills and the Interior bill. MR. [JOHN] TABER [of New York]: It is our hope that they will be Mr. Speaker, reserving the right to ob- ready, in the next day or two, but in ject, as I understand it, the Senate has the meantime, in order to provide for adjourned until tomorrow, so that it is the maintenance of the War Depart- absolutely impossible to have all the ment and the Interior Department, it appropriation bills passed before the is necessary to pass a continuing reso- 1st of July. I have never known of this lution. kind of a situation arising before. This is the usual bill, prepared in THE SPEAKER: (3) Is there objection to the regular form, and has been sub- the request of the gentleman from Mis- mitted to, and approved by, the Comp- souri? troller and the Director of the Budget. There was no objection. The Clerk read the bill, as follows: Continuing Appropriations Not Be it enacted, etc., That for defray- ing during the first half of the month Privileged of July 1937 all expenses of the necessary operations of the Federal Gov- § 7.2 A joint resolution pro- ernment, which, on July 1, 1937, re- viding continuing appropria- main unprovided with appropriations through the failure of enact- tions for departments and ment on or before such date of the agencies of government, to supply bills customarily providing for such operations, there are hereby provide funds until the reg- extended for and during such period ular appropriation bills are all appropriations available for obli- enacted, is not a ‘‘general ap- gation for such expenses during the fiscal year ending June 30, 1937, in propriation bill,’’ and is not the same detail and under the same reported as privileged. conditions, restrictions, and limitations as such appropriations were Whereas general appropriation provided for on account of such fiscal bills are normally called up as year. . . . privileged, consideration of joint MR. CANNON of Missouri: Mr. Speak- resolutions continuing appropria- er, the fiscal year ends at midnight to- tions is usually made in order by night, and all departments for which supply bills have not been enacted by unanimous consent, since such resolutions are not reported as 3. William B. Bankhead (Ala.). privileged. The following pro- 5094

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ceedings (4) are illustrative of the MR. [H. R.] GROSS [of Iowa]: Mr. manner in which bills providing Speaker, further reserving the right to for continuing appropriations for object, I would assume the Speaker could add to that the statement: ‘‘If the departments or agencies of gov- gentleman is recognized for the pur- ernment are made in order for pose of offering an amendment.’’ consideration: Mr. Speaker, as a parliamentary in- MR. [GEORGE H.] MAHON [of Texas]: quiry is that not correct? . . . Mr. Speaker, I ask unanimous consent THE SPEAKER: The Chair will state that it may be in order on Wednesday, that the question answers itself. The September 27, or any day thereafter, answer would be yes, subject to the for the House to consider a joint reso- right of recognition, it is a question lution making continuing appropria- within the discretion of the Speak- tions. er. . . . THE SPEAKER: (5) Is there objection to MR. MAHON: Mr. Speaker, this is the the request of the gentleman from third continuing resolution to be con- Texas? sidered by the House this year. MR. [FRANK T.] BOW [of Ohio]: Mr. I would also say in this case, as in Speaker, reserving the right to object, former cases, that the continuing reso- I wish to address a parliamentary in- lution would be considered in the quiry to the Chair. House under the 5-minute rule, and I THE SPEAKER: The gentleman will assume any relevant amendment could state his parliamentary inquiry. be offered. . . . MR. BOW: Mr. Speaker, the par- MR. GROSS: . . . I assume the con- liamentary inquiry is this: Is a continuing resolution is for a month or is tinuing resolution subject to amend- it for a longer period? ment when it is brought onto the floor MR. MAHON: It would probably be for of the House, if the amendment is ger- 1 month. The committee meets next mane? week to consider the matter. We are THE SPEAKER: The Chair will state pushing to get our bills through, but that any germane amendment will be there are three appropriation bills in order. It would have to be a ger- which we have not been able to report. mane amendment. One of them is military construction; MR. BOW: I thank the Speaker, and another is foreign assistance; both of I withdraw my reservation of objection. these are awaiting authorization; an- THE SPEAKER: Is there objection to other is the final supplemental which the request of the gentleman from will include the poverty program for Texas? which authorization legislation has not been considered. There is other legisla- 4. See 113 CONG. REC. 26370, 90th tion to be worked on before the supple- Cong. 1st Sess., Sept. 21, 1967. See mental appropriation bill can be re- also 8 Cannon’s Precedents §§ 2282 ported. . . . et seq. MR. GROSS: Mr. Speaker, in view of 5. John W. McCormack (Mass.). the fact that the gentleman says the 5-

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minute rule will prevail and that any H. RES. 577 germane amendments will be in order Resolved, That immediately upon to the continuing resolution, I with- the adoption of this resolution it draw my reservation of objection. shall be in order to move that the THE SPEAKER: Is there objection to House resolve itself into the Com- the request of the gentleman from mittee of the Whole House on the Texas [Mr. Mahon]? State of the Union for the consideration of the joint resolution (H.J. There was no objection. Res. 833) making an appropriation for the Department of Labor for the Appropriation for Specific Pur- fiscal year 1972, and for other purpose poses. . . . THE SPEAKER: (7) The gentleman § 7.3 A joint resolution making from California (Mr. Sisk) is recognized an appropriation to a depart- for 1 hour. MR. SISK: . . . Mr. Speaker, House ment for a specific purpose is Resolution 577 provides an open rule not a ‘‘general’’ appropria- with 1 hour of debate on House Joint tion bill within the meaning Resolution 833, which implements the emergency assistance Employment Act of Rule XI clause 22 [now of 1971. clause 4(a)] and is therefore House Joint Resolution 833, being not privileged for consider- for a single purpose, is not regarded as a general appropriation bill. For this ation when reported by the reason it was necessary to grant a rule Committee on Appropria- providing for its consideration. tions. For this reason the Committee on Rules may Supplemental Appropriations provide for the immediate § 7.4 A joint resolution making consideration of a special bill a supplemental appropria- reported from the Committee tion for a single department on Appropriations. of the government is not a ( ) On Aug. 4, 1971, 6 the following ‘‘general appropriation bill,’’ proceedings took place in the and not reported as privi- House: leged, and is therefore MR. [B. F.] SISK [of California]: Mr. brought up for consideration Speaker, by direction of the Committee in a different manner. on Rules, I call up [House Resolution (8) 577] and ask for its immediate consid- On Jan. 30, 1962, a joint reso- eration. lution was made in order by unan- The Clerk read the resolution, as fol- imous consent, as follows: lows: 7. Carl Albert (Okla.). 6. 117 CONG. REC. 29384, 92d Cong. 1st 8. 108 CONG. REC. 1149, 87th Cong. 2d Sess. Sess.

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MR. [CARL] ALBERT [of Oklahoma]: appropriations for the Veterans’ Ad- Mr. Speaker, I ask unanimous consent ministration for the fiscal year ending that a joint resolution providing appro- June 30, 1962, and for other purposes; priations for the Veterans’ Administra- without amendment (Rept. No. 1294). tion may be in order for consideration Referred to the Committee of the tomorrow. Whole House on the State of the (11) THE SPEAKER: (9) Is there objection to Union. the request of the gentleman from Oklahoma? Requests for Supplemental Ap- There was no objection. propriations (10) On the next day, proceedings § 7.5 The House has given were as indicated below: unanimous consent to make MR. [ALBERT] THOMAS [of Texas]: in order ‘‘tomorrow, or on a Mr. Speaker, in accordance with the subsequent day this week,’’ unanimous-consent agreement of yes- consideration of a joint reso- terday, I call up the joint resolution (H.J. Res. 612) making supplemental lution providing supple- appropriations for the Veterans’ Ad- mental appropriations for ministration for the fiscal year ending the Department of Defense, June 30, 1962, and for other purposes, pursuant to a message from and ask unanimous consent that it be the President. considered in the House as in Com- ( ) mittee of the Whole. On May 4, 1965, 12 the fol- The Clerk read the title of the joint lowing proceedings occurred in the resolution. House: THE SPEAKER: Is there objection to MR. [GEORGE H.] MAHON [of Texas]: the request of the gentleman from Mr. Speaker, I ask unanimous consent Texas? that it may be in order tomorrow, or on The reference of the joint reso- a subsequent day this week, to con- lution to the Union Calendar was sider a House joint resolution making carried in the Record as follows: 11. Note: Proposals for supplemental ap- Under clause 2 of rule XIII, reports propriations, normally requested by of committees were delivered to the a communication from the President Clerk for printing and reference to the (31 USC § 14) are sometimes re- proper calendar, as follows: quested by message. The usual prac- MR. THOMAS: Committee on Appro- tice is for the President to transmit priations. House Joint Resolution 612. letters requesting such appropria- Joint resolution making supplemental tions to the Speaker, who refers them to the Committee on Appro- 9. John W. McCormack (Mass.). priations and orders them printed. 10. 108 CONG. REC. 1352, 1385, 87th 12. 111 CONG. REC. 9390, 89th Cong. 1st Cong. 2d Sess, Jan. 31, 1962. Sess.

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a supplemental appropriation for the tions reducing certain appro- Department of Defense. priations and contract au- (13) THE SPEAKER: Is there objection thorizations available for fis- to the request of the gentleman from Texas? cal 1946 was held not to be a MR. [MELVIN R.] LAIRD [of Wis- general appropriation bill consin]: Mr. Speaker, reserving the and a germane amendment right to object, it is my understanding rescinding appropriations that the message from the President of was permitted. the United States which has been just (14) (15) submitted will satisfy the Budget and On Oct. 19, 1945, a bill as Accounting Act as far as a budget esti- described above was under consid- mate is concerned. eration. The bill contained a para- MR. MAHON: Mr. Speaker, if the gen- graph appropriating money for tleman will yield, that is certainly my grants to states for unemployment opinion, and I am sure the gentleman compensation benefits and related is correct. This is a request for $700 million by the President. It follows one expenses. During consideration of of the procedures used by the Execu- the bill, an amendment was of- tive in submitting budget estimates fered, and a point of order made and I consider this, and I am sure the against the amendment. During gentleman does, a budget request from the ensuing debate on a point of the President. order, a question arose as to the MR. LAIRD: I would like to state to the gentleman from Texas [Mr. Mahon] nature of the bill. The proceedings that it was my understanding yester- were as follows: day that before we considered this we The Clerk read as follows: . . . would have a budget estimate. I whole- heartedly support the principle of fol- SOCIAL SECURITY BOARD lowing the regular procedure in seeing There is appropriated, out of any that these funds are appropriated, and money in the Treasury not otherwise if this satisfies the Budget and Ac- appropriated, for the fiscal year end- counting Act, I certainly would have no ing June 30, 1946, for grants to objection to its being considered either States for administration of unemployment compensation and employ- tomorrow or the next day. ment service facilities operated in Mr. Speaker, I withdraw my reserva- conjunction therewith, as authorized tion of objection. in title III of the Social Security Act, approved August 14, 1935, as amended, $30,000,000, which shall Bill Reducing Appropriations be in addition to the amounts appropriated for such purposes in title II § 7.6 A bill reported from the Committee on Appropria- 14. 91 CONG. REC. 9851, 79th Cong. 1st Sess. 13. John W. McCormack (Mass.). 15. H.R. 4407.

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of the Labor-Federal Security Appro- MR. [JOHN] TABER [of New York]: priation Act, 1946. Mr. Chairman, this, to my mind, is the MR. [JOHN W.] MCCORMACK [of Mas- situation: The amendment is a rescis- sachusetts]: Mr. Chairman, I offer an sion. The paragraph which is made in amendment. order under the rule is an appropria- The Clerk read as follows: tion; therefore the amendment is not in order. Amendment offered by Mr. McCor- mack: On page 8, line 10, after the THE CHAIRMAN: In the opinion of the period, strike out lines 11 through 20 Chair, the amendment offered is ger- and insert the following: mane to the paragraph which deals ‘‘On July 1, 1946, any unobligated with appropriations for this purpose. balance of the appropriation made in The amendment offered also deals with the first paragraph under the heading ‘Employment Office Facilities appropriations for the same purpose. and Services’ in title VII of the In the opinion of the Chair the amend- Labor-Federal Appropriation Act, ment offered by the gentleman from 1946, shall be carried to the surplus Massachusetts is clearly germane and fund and covered into the Treasury, the Chair overrules the point of and after June 30, 1946, appropriations shall be made only for grants order. . . . to States for administration of unem- MR. CASE of South Dakota: Has the ployment compensation and employ- Chair ruled at any time whether this ment service facilities as authorized is an appropriation bill or a legislative in title III of the Social Security Act, bill? approved August 11, 1935, as amended, and in the act of June 6, THE CHAIRMAN: The Chair does not 1933, as amended, known as the have to rule upon that question. This Wagner-Peyser Act.’’. . . is a question with reference to rescis- MR. [EVERETT M.]. DIRKSEN [of Illi- sion of funds and incidentally involves nois]: Mr. Chairman, I make the point appropriations, as does this particular of order that the amendment is not paragraph. The Chair, in a bill of this germane, that it is legislative in char- character, which is not a general ap- acter. propriation bill, is simply called upon THE CHAIRMAN: (16) In the opinion of to pass upon the question of germane- the Chair, the amendment is obviously ness. . . . germane. It relates to the same subject MR. CASE of South Dakota: I do not as specified in the bill. question the germaneness, but I heard MR. [FRANCIS H.] CASE of [South Da- the bill referred to as a legislative bill, kota]: Mr. Chairman, I make an addi- and if it is interpreted as a legislative tional point of order. If I understood bill, the amendment making an appro- the amendment correctly, it makes an appropriation. Has this bill not been priation, of course, would not be in regarded as a legislative bill? order. THE CHAIRMAN: The paragraph THE CHAIRMAN: This certainly is not under consideration makes an appro- a general appropriation bill but a bill priation of $30,000,000. with reference to rescission of appropriations. The only question which 16. Fritz G. Lanham (Tex.). could occur from a parliamentary

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standpoint would be the question of Committee on Rules making germaneness. . . . The Chair over- in order consideration of a ruled the point of order. . . . MR. [JOHN E.] RANKIN [of Mis- joint resolution providing sissippi]: As a matter of fact, the rule temporary appropriations, waiving points of order would apply to fixing debate, and limiting any point of order that an amendment was legislation on an appropriation amendments to those offered bill. by direction of the Com- THE CHAIRMAN: The Chair is not at mittee on Appropriations. all passing upon that question. . . . On June 28, 1951,(18) a resolu- MR. CASE of South Dakota: Mr. Chairman, since that question has tion was called up as follows: been raised, may we have a ruling on MR. [ADOLPH J.] SABATH [of Illinois]: the question whether or not the rule Mr. Speaker, I call up House Resolu- waives points of order as against amendments or merely waives points tion 287 and ask for its immediate con- of order against the contents of the sideration. bill? The Clerk read the resolution, as fol- THE CHAIRMAN: The Chair is called lows: upon to rule only upon the point of Resolved, That immediately upon order made and cannot rule upon other the adoption of this resolution it points of order not pertinent to the shall be in order to move that the pending amendment. The Chair has House resolve itself into the Com- overruled the point of order.(17) mittee of the Whole House on the State of the Union for the consideration of the joint resolution (H.J Res. 277) making temporary appropria- § 8. Consideration Made in tions for the fiscal year 1952, and for other purposes. That after general Order by Special Rule or debate, which shall be confined to the joint resolution and continue not Unanimous Consent to exceed 3 hours, to be equally divided and controlled by the chairman Special Orders and ranking minority member of the Committee on Appropriations, the § 8.1 The form of a modified joint resolution shall be read for amendment. No amendment shall be closed rule reported from the in order to said joint resolution except amendments offered by the di- 17. Parliamentarian’s Note: A special rection of the Committee on Appro- rule (see 91 CONG. REC. 9813, 79th priations. At the conclusion of the Cong. 1st Sess., Oct. 18, 1945) had consideration of the joint resolution provided that the above bill be con- for amendment, the Committee shall rise and report the joint resolution to sidered for amendment by appropria- the House with such amendments as tion titles. Appropriation bills are, of may have been adopted, and the pre- course, generally read for amendment by paragraphs. See §§ 11.8– 18. 97 CONG. REC. 7408, 82d Cong. 1st 11.10, infra. Sess.

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vious questions shall be considered for amendment under the 5-minute as ordered on the joint resolution rule. At the conclusion of the reading and amendments thereto to final of the bill for amendment, the Com- passage without intervening motion mittee shall rise and report the same except one motion to recommit. to the House with such amendments as may have been adopted, and the pre- § 8.2 The form of a resolution vious question shall be considered as providing for consideration ordered on the bill and amendments of a general appropriation thereto to final passage without intervening motion except one motion to re- bill and waiving points of commit. order against the bill or any of the provisions contained Deficiency Appropriations therein, excepting a specific paragraph, is set out below. § 8.3 An illustrative resolution, making in order consider- On Apr. 7, 1949,(1) the following ation of the first deficiency resolution was read: appropriation bill of 1949, Resolved, That upon the adoption of notwithstanding the require- this resolution, notwithstanding any ment that committee reports rule of the House to the contrary, it shall be in order to move that the and hearings on appropria- House resolve itself into the Com- tion bills be made available mittee of the Whole House on the three calendar days before State of the Union for the consider- consideration, is set out ation of the bill (H.R. 4046) making ap- below. propriations to supply deficiencies in (2) certain appropriations for the fiscal On Feb. 15, 1949, a resolution year ending June 30, 1949, and for was called up as follows: other purposes, and all points of order MR. [ADOPLH J.] SABATH [of Illinois]: against the bill or any of the provisions Mr. Speaker, I call up House Resolu- contained therein are hereby waived tion 99 and ask for its immediate con- excepting the provision appearing on sideration. page 19, lines 18 to 21, inclusive, in The Clerk read the resolution, as fol- the paragraph under the heading lows: ‘‘General Provisions.’’ That after general debate, which shall be confined to 2. 95 CONG. REC. 1214, 81st Cong. 1st the bill and continue not to exceed 2 Sess. Under § 139(a) of the Legisla- hours, to be equally divided and con- tive Reorganization Act of 1946, com- trolled by the chairman and ranking mittee reports and hearings were re- minority member of the Committee on quired to be made available three Appropriations, the bill shall be read calendar days before general appropriation bills were to be considered. 1. 95 CONG. REC. 4113, 81st Cong. 1st See Rule XXI clause 7, House Rules Sess. and Manual § 848 (1981)

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Resolved, That, notwithstanding MR. [GEORGE H.] MAHON [of Texas]: any rule of the House to the con- Mr. Speaker, pursuant to the order of trary, it shall be in order on Tues- the House of June 19, 1969, I call up day, February 15, 1949, to move that the House resolve itself into the House Joint Resolution 790, making Committee of the Whole House on continuing appropriations for the fiscal the State of the Union for consider- year 1970 and for other purposes, and ation of the bill (H.R. 2632) making ask unanimous consent that it be con- appropriations to supply urgent defi- sidered in the House as in the Com- ciencies for the fiscal year 1949, and mittee of the Whole. for other purposes, and all points of order against the bill or any of the The Clerk read the title of the joint provisions contained therein are resolution hereby waived. That after general THE SPEAKER: (4) Is there objection to debate which shall be confined to the the request of the gentleman from bill and continue not to exceed three Texas? hours, to be equally divided and controlled by the chairman and ranking There was no objection. minority member of the Committee The Clerk read the joint resolution. on Appropriations, the bill shall be read for amendment under the 5- minute rule. At the conclusion of the Special Order Rejected reading of the bill for amendment, the Committee shall rise and report § 8.5 The House has rejected a the same to the House with such resolution providing for con- amendments as may have been adopted, and the previous question sideration of a joint resolu- shall be considered as ordered on the tion continuing appropria- bill and amendments thereto to final passage without intervening motion tions. except one motion to recommit. On Oct. 1, 1964,(5) a Member § 8.4 Pursuant to a special called up a resolution as follows: order previously agreed to, a MR. [HOWARD W.] SMITH of Virginia: joint resolution continuing Mr. Speaker, by direction of the Com- appropriations has been mittee on Rules I call up House Reso- lution 892, and ask for its immediate called up as if privileged and consideration. considered in the House as The Clerk read the resolution, as fol- in the Committee of the lows: Whole. Resolved, That immediately upon On June 24, 1969,(3) the fol- the adoption of this resolution it shall be in order to move that the lowing proceedings took place in House resolve itself into the Com- the House: mittee of the Whole House on the State of the Union for the consider- 3. 115 CONG. REC. 17015–17, 91st Cong. 1st Sess. See also 109 CONG. 4. John W. McCormack (Mass.) REC. 20361, 20362, 88th Cong. 1st 5. 110 CONG. REC. 23361, 23363, Sess., Oct. 28, 1963 23364, 88th Cong. 2d Sess.

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ation of the joint resolution (H.J. was sought for purposes of Res. 1183), making continuing appropriations for the fiscal year 1965, opening the special rule to and for other purposes. That after amendment and further de- general debate, which shall be confined to the joint resolution and con- bate. tinue not to exceed one hour, to be On Oct. 3, 1967,(8) a simple res- equally divided and controlled by the chairman and ranking minority olution was called up providing member of the Committee on Appro- for consideration of a joint resolu- priations, the joint resolution shall be read for amendment. At the con- tion continuing certain appropria- clusion of the consideration of the tions. It was desired by some joint resolution for amendment, the Committee shall rise and report the Members to vote down the pre- joint resolution to the House with vious question on the special rule, such amendments as may have been thereby opening it for amendment adopted, and the previous question ( ) shall be considered as ordered on the and debate. 9 The following pro- joint resolution and amendments ceedings took place during consid- thereto to final passage without intervening motion except one motion eration of the special rule: to recommit. . . . MR. [WILLIAM H.] COLMER [of Mis- MR. SMITH of Virginia: Mr. Speaker, sissippi]: Mr. Speaker, by direction of I move the previous question the Committee on Rules, I call up The previous question was ordered House Resolution 938 and ask for its ( ) THE SPEAKER PRO TEMPORE: 6 The immediate consideration. question is on the resolution. The Clerk read the resolution, as fol- MR. [CLARENCE J.] BROWN of Ohio: Mr. Speaker, on that I demand the lows: yeas and nays. H. RES. 938 The yeas and nays were ordered. The question was taken; and there Resolved, That upon the adoption were—yeas 160, nays 193, not voting of this resolution it shall be in order 78. . . . to move that the House resolve itself So the resolution was rejected.(7) into the Committee of the Whole House on the State of the Union for the consideration of the joint resolu- Debate on Special Orders tion (H.J. Res. 853) making continuing appropriations for the fiscal § 8.6 Rejection of the previous year 1968, and for other purposes. question on a special rule After general debate, which shall be confined to the joint resolution and shall continue not to exceed one 6. Carl Albert (Okla.). hour, to be equally divided and con- 7. Note: A prior continuing resolution had expired, and the chairman of the 8. 113 CONG. REC. 27644, 27652, 90th Committee on Appropriations had Cong. 1st Sess. requested a special rule from the Committee on Rules for consider- 9. For discussion of special rules and ation of a resolution to extend the their consideration, generally, see continuing resolution. Ch. 21, supra.

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trolled by the chairman and ranking THE SPEAKER: The question is on the minority member of the Committee resolution. on Appropriations, the joint resolu- The resolution was agreed to. tion shall be read for amendment. At A motion to reconsider was laid on the conclusion of the consideration of the joint resolution for amendment, the table. the Committee shall rise and report the joint resolution to the House Consideration by Unanimous with such amendment as may have Consent been adopted, and the previous question shall be considered as ordered on the joint resolution and amend- § 8.7 Pursuant to unanimous ments thereto to final passage with- consent previously obtained, out intervening motion except one motion to recommit. a joint resolution continuing appropriations (or making a THE SPEAKER: (10) The gentleman from Mississippi is recognized. special supplemental appro- MR. COLMER: . . . Mr. Speaker, I priation) may be called up as move the previous question. if privileged and considered THE SPEAKER: The question is on or- in the House as in the Com- dering the previous question. mittee of the Whole MR. [H. ALLEN] SMITH [of Cali- (11) fornia]: Mr. Speaker, on that I demand On Aug. 18, 1964, the fol- the yeas and nays. lowing proceedings occurred in the The yeas and nays were ordered House: MR. GERALD R. FORD [of Michigan]: MR. [GEORGE H.] MAHON [of Texas]: Mr. Speaker, a parliamentary inquiry. Mr. Speaker, pursuant to the unani- THE SPEAKER: The gentleman will mous-consent agreement obtained yes- state it. terday, I call up the joint resolution MR. GERALD R. FORD: If the previous (H.J. Res. 1160) making continuing ap- question is rejected, then the rule will propriations for the fiscal year 1965, be open to amendment and there will and for other purposes, and ask unani- be debate on any amendments to the mous consent that it be considered in rule. Is that correct? the House as in the Committee of the THE SPEAKER: Of course, the gentle- Whole. man’s question answers itself. But the answer, specifically and directly, is 11. 110 CONG. REC. 20055, 88th Cong. ‘‘Yes.’’ 2d Sess. MR. GERALD R. FORD: I thank the See also 116 CONG. REC. 21239, Speaker 91st Cong. 2d Sess., June 24, 1970 The question was taken; and there [H.J. Res. 1264]; 115 CONG. REC. were—yeas 213, nays 205, not voting 17015–17, 91st Cong. 1st Sess., June 14. . . . 24, 1969 [H.J. Res. 790]; 111 CONG. So the previous question was or- REC. 26881, 89th Cong. 1st Sess., dered. . . . Oct. 13, 1965; and 111 CONG. REC. 25342, 89th Cong. 1st Sess., Sept. 10. John W. McCormack (Mass.). 28, 1965.

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The Clerk read the title of the joint There was no objection. resolution. The Clerk read the joint resolution, The Clerk read the joint resolution, as follows: as follows: H.J. RES. 584 Resolved by the Senate and House Resolved by the Senate and House of Representatives of the United of Representatives of the United States of America in Congress assem- States of America in Congress assem- bled, That clause (c) of section 102 of bled, That the following sum is ap- the joint resolution of June 29, 1964 propriated out of any money in the (Public Law 88–325), is hereby Treasury not otherwise appropriated, amended by striking out ‘‘August 31, to supply a supplemental appropria- 1964’’ and inserting in lieu thereof tion for the fiscal year ending June ‘‘September 30, 1964’’. 30, 1969, and for other purposes; THE SPEAKER: (12) Is there objection namely: to the request of the gentleman from DEPARTMENT OF AGRICULTURE Texas? Commodity Credit Corporation There was no objection. MR. MAHON: Mr. Speaker, I move to For partial restoration of capital strike out the last word. impairment of the Commodity Credit Corporation for costs heretofore in- On Mar. 25, 1969,(13) the fol- curred, $1,000,000,000. lowing proceedings occurred in the § 8.8 Parliamentarian’s Note: A House with respect to a joint reso- joint resolution continuing lution making a supplemental ap- appropriations for a fiscal propriation: year may be called up as if MR. MAHON: Mr. Speaker, pursuant privileged pursuant to a pre- to the unanimous-consent agreement vious order entered into by on yesterday, I call up House Joint Resolution 584, making a supple- unanimous consent, although mental appropriation for the fiscal year it had been reported pursu- ending June 30, 1969, and for other ant to Rule XIII clause 2 as purposes, and ask unanimous consent nonprivileged by filing in the that the joint resolution be considered hopper. in the House as in the Committee of the Whole. Procedures like those described The Clerk read the title of the joint above took place on June 28, (14) resolution. 1965, with respect to a joint THE SPEAKER: Is there objection to resolution making continuing ap- the request of the gentleman from propriations for fiscal 1966: Texas? MR. [GEORGE H.] MAHON [OF TEXAS]: Mr. Speaker, I call up House Joint 12. John W. McCormack (Mass.). 13. 115 CONG. REC. 7378, 7383, 91st 14. See 111 CONG. REC. 14846–50, 89th Cong. 1st Sess. Cong. 1st Sess.

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Resolution 553 making continuing ap- ular appropriation bills are propriations for the fiscal year 1966, enacted, is not a ‘‘general ap- and for other purposes, and I ask propriation bill,’’ and not unanimous consent that it be considered in the House as in the Committee called up as privileged, but a of the Whole House on the State of the unanimous-consent request Union. may be granted that it be in The Clerk read the House joint reso- order for the House to con- lution as follows: sider such a resolution on a Resolved by the Senate and House specified day. of Representatives of the United ( ) States of America in Congress assem- On Sept. 21, 1967, 16 Mr. bled, That the following sums is ap- George H. Mahon, of Texas, made propriated out of any money in the Treasury not otherwise appropriated, the following unanimous-consent and out of applicable corporate or request, which was granted: other revenues, receipts, and funds, for the several departments, agen- Mr. Speaker, I ask unanimous con- cies, corporations, and other organi- sent that it may be in order on zational units of the Government for Wednesday, September 27, or any day the fiscal year 1966, namely: . . . thereafter, for the House to consider a joint resolution making continuing ap- (15) THE SPEAKER: Is there objection propriations. to the request of the gentleman from Texas? § 8.10 Unanimous consent of There was no objection. . . . the House has been obtained MR. [CHARLES R.] JONAS [of North on one day to make in order Carolina]: Mr. Speaker, I move to strike out the last word. . . . on the following day consid- THE SPEAKER: The question is on the eration of a joint resolution joint resolution. providing for continuing ap- The joint resolution was agreed to. propriations. A motion to reconsider was laid on On July 25, 1962,(1) the fol- the table. lowing unanimous-consent request was made and agreed to: Consideration on Specified Day MR. [CLARENCE] CANNON [of Mis- souri]: Mr. Speaker, I ask unanimous § 8.9 A joint resolution pro- consent that it may be in order tomorrow to take up for consideration a viding continuing appropria- House joint resolution to provide con- tions for departments and agencies of government, to 16. 113 CONG. REC. 26370, 90th Cong. provide funds until the reg- 1st Sess. 1. 108 CONG. REC. 14731, 87th Cong. 15. John W. McCormack (Mass.). 2d Sess.

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tinuing appropriations for the month of On Aug. 21, 1967,(5) the fol- August. lowing proceedings took place: THE SPEAKER: (2) Is there objection to MR. [GEORGE H.] MAHON [of Texas]: the request of the gentleman from Mis- Mr. Speaker, I ask unanimous consent souri? that it be in order on Thursday, Au- There was no objection. gust 24, or any subsequent day, to consider a joint resolution making con- § 8.11 Consideration of a bill tinuing appropriations for the month of making appropriations for a September. THE SPEAKER: (6) Is there objection to single agency of government the request of the gentleman from for the fiscal year was, by Texas? unanimous consent, made in There was no objection. order on a designated day, or any day thereafter. § 8.13 Consideration of a supplemental appropriation bill, ( ) On Aug. 15, 1967, 3 the fol- providing funds for a single lowing exchange took place: government agency, was MR. [JOSEPH L.] EVINS [of Ten- made in order on a des- nessee]: Mr. Speaker, I ask unanimous ignated day by unanimous consent that it may be in order on consent of the House. Tuesday next or any day thereafter for (7) the House to consider the National On Mar. 24, 1969, a unani- Aeronautics and Space Administration mous-consent request was made appropriation bill for 1968. as follows: THE SPEAKER PRO TEMPORE: (4) Is MR. [GEORGE H.] MAHON [of Texas]: there objection to the request of the Mr. Speaker, I ask unanimous consent gentleman from Tennessee? that it may be in order on Tuesday, There was no objection. March 25, for the House to consider a House joint resolution making appropriations for the Commodity Credit § 8.12 A unanimous-consent re- Corporation. quest has been granted mak- THE SPEAKER: (8) Is there objection to ing in order, on a specified the request of the gentleman from day or on any day subse- Texas? . . . quent thereto, consideration 5. 113 CONG. REC. 23279, 90th Cong. of a joint resolution con- 1st Sess. tinuing appropriations. 6. John W. McCormack (Mass.). 7. 115 CONG. REC. 7147, 91st Cong. 1st 2. John W. McCormack (Mass.). Sess. See also 109 CONG. REC. 3. 113 CONG. REC. 22678, 90th Cong. 23971, 88th Cong. 1st Sess., Dec. 10, 1st Sess. 1963 (foreign aid appropriation bill). 4. Carl Albert (Okla.). 8. John W. McCormack (Mass.).

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There was no objection bills would not be available for the three days required Special Order Superseded by the rule. § 8.14 Consideration of a sup- On June 15, 1972,(12) the fol- plemental appropriation bill lowing proceedings occurred in the was made in order, by unani- House: mous consent, on a day cer- MR. [GEORGE H.] MAHON [of Texas]: tain, even though the House Mr. Speaker, I ask unanimous consent that it may be in order in the House on had earlier agreed to a spe- Tuesday next— clause 6 of rule XXI to cial order establishing a dif- the contrary notwithstanding—to have ferent date for taking up the general debate only on the bill making bill. appropriations for public works for water and power development, the On Oct. 11, 1965,(9) the fol- Atomic Energy Commission, and cer- lowing exchange took place: tain other agencies for the fiscal year ending June 30, 1973, and to have gen- MR. [GEORGE H.] MAHON [of Texas]: eral debate only on the bill making ap- Mr. Speaker, I ask unanimous consent propriations for the Treasury Depart- that it may be in order on Thursday, ment, the Postal Service, the Executive October 14, to consider the supple- Office of the President, and certain mental appropriation bill for 1966. independent agencies, for the fiscal THE SPEAKER: (10) Is there objection year ending June 30, 1973. to the request of the gentleman from THE SPEAKER: (13) Is there objection Texas? to the request of the gentleman from There was no objection.(11) Texas? There was no objection. Reports Not Available for Three Days Consideration Within Same Week § 8.15 General debate on two general appropriation bills § 8.16 The House has given was made in order on a day unanimous consent making certain during the following in order ‘‘on any day later week by unanimous consent, this week’’ consideration of a although reports on those joint resolution continuing appropriations. 9. 111 CONG. REC. 26528, 89th Cong. 1st Sess. 12. 118 CONG. REC. 21150, 92d Cong. 2d 10. John W. McCormack (Mass.). Sess. See also 94 CONG. REC 2844, 11. Note: The House had, on Oct. 7, 80th Cong. 2d Sess., Mar. 15, 1948 agreed to take up this bill on Oct. (agriculture appropriations bill). 15. 13. Carl Albert (Okla.).

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On Aug. 24, 1965,(14) a unani- THE SPEAKER PRO TEMPORE: (1) Is mous-consent request was made there objection to the request of the and agreed to as follows: gentleman from Missouri? . . . There was no objection. MR. [GEORGE H.] MAHON [of Texas]: Mr. Speaker, I ask unanimous consent that it may be in order on any day During Following Week later this week to consider a House joint resolution making continuing ap- § 8.18 The House has given its propriations for the month of Sep- consent to make in order tember. consideration during the fol- ( ) THE SPEAKER: 15 Is there objection lowing week of a joint resolu- to the request of the gentleman from Texas? . . . tion providing for continuing There was no objection. appropriations On June 20, 1963,(2) the fol- § 8.17 The unanimous consent lowing exchange took place: of the House has been obtained to make it in order to MR. [CLARENCE] CANNON [of Mis- call up at any time during souri]: Mr. Speaker, I ask unanimous consent that it may be in order during the week a joint resolution the coming week to consider a joint providing continuing appro- resolution providing continuing appropriations for departments priations. and agencies of government THE SPEAKER: (3) Is there objection to where the regular appropria- the request of the gentleman from Mis- tion bills had not been souri? passed for the fiscal year. MR. [H. R.] GROSS [of Iowa]: Mr. Speaker, reserving the right to object, On June 22, 1962,(16) the fol- what is the nature of the continuing lowing proceedings took place: resolution? MR. CANNON: I will say to the distin- MR. [CLARENCE] CANNON [of Mis- souri]: Mr. Speaker, I ask unanimous guished gentleman from Iowa it is the consent that it may be in order any stereotyped continuing resolution such time next week to call up a joint reso- as has been presented, I am sorry to lution to provide continuing appropria- say, every year for a number of years, tions for the various Government de- due to our failure to get all of the ap- partments and agencies for the fiscal propriation bills through before the year beginning July 1. 1. Carl Albert (Okla.). 14. 111 CONG. REC. 21545, 89th Cong. 2. 109 CONG. REC. 11236, 88th Cong. 1st Sess. 1st Sess. See also 115 CONG REC. 15. John W. McCormack (Mass.). 16630, 16631, 91st Cong. 1st Sess., 16. 108 CONG. REC. 11410, 87th Cong. June 19, 1969. 2d Sess. 3. John W. McCormack (Mass.).

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end of the fiscal year. It follows in gen- government has been made eral the language of every previous in order for consideration at continuing resolution. any time. THE SPEAKER: Is there objection to ( ) the request of the gentleman from Mis- On Oct. 11, 1962, 6 a Member souri? addressed Speaker John W. There was no objection. McCormack, of Massachusetts, as follows, and proceedings ensued Consideration During Current as indicated below:

Month MR. [JAMIE L.] WHITTEN [of Mis- sissippi]: Mr. Speaker, by direction of § 8.19 Consideration of a joint the Committee on Appropriations I resolution providing con- submit a report (Rept. No. 2551) on the tinuing appropriations was joint resolution (H.J. Res. 903) making continuing appropriations for the De- made in order, by unanimous partment of Agriculture and related consent, on any day during agencies for the fiscal year ending the current month June 30, 1963, and for other purposes and ask unanimous consent that it (4) On June 20, 1967, the fol- may be taken up at any time lowing proceedings took place in THE SPEAKER: The Clerk will report the House: the joint resolution. The Clerk read as follows: MR. [GEORGE H.] MAHON [of Texas]: Mr. Speaker, I ask unanimous consent Resolved by the Senate and House that it may be in order on Monday, of Representatives of the United States of America in Congress assem- June 26, or any succeeding day in bled, That there is appropriated out June, to consider a joint resolution of any money in the Treasury not making continuing appropriations. otherwise appropriated, and out of THE SPEAKER: (5) Is there objection to applicable corporate and other revenues, receipts, and funds, such the request of the gentleman from amounts as may be necessary for Texas? continuing projects or activities There was no objection. which were conducted in the fiscal year 1962 by the Department of Ag- At Any Time riculture. . . . THE SPEAKER: The joint resolution is § 8.20 By unanimous consent, a referred to the Union Calendar and or- House joint resolution con- dered to be printed. Is there objection to the request of tinuing certain appropria- the gentleman from Mississippi [Mr. tions for a department of the Whitten] that it be in order to consider the joint resolution at any time? . . . 4. 113 CONG. REC. 16420, 90th Cong. 1st Sess. 6. 108 CONG. REC. 23206, 23207, 87th 5. John W. McCormack (Mass.). Cong. 2d Sess.

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There was no objection. House of Representatives, at $4 per day each, for the period commencing September 21, 1939, and ending Immediate Consideration with the last day of the month in When Introduced which the Seventy-sixth Congress adjourns sine die at the second ses- § 8.21 A joint resolution pro- sion thereof, so much as may be necessary for each the Senate and viding appropriations for House of Representatives. mileage for the Vice Presi- THE SPEAKER: (8) Is there objection to dent, Senators, Representa- the request of the gentleman from Col- tives, and for other expenses orado? incident to a special session There was no objection. of Congress, was given immediate consideration. On Sept. 25, 1939,(7) a Member § 9. Waiver of Points of introduced a resolution as follows, Order—by Resolution and proceedings were as indicated below: Waiver Agreed to After General MR. [EDWARD T.] TAYLOR [of Colo- Debate rado]: Mr. Speaker, I send to the desk a joint resolution and ask unanimous § 9.1 A resolution waiving consent for its immediate consider- points of order against a cer- ation. tain provision in a supple- The Clerk read the joint resolution, as follows: mental appropriation bill was considered and agreed HOUSE JOINT RESOLUTION 384 to by the House after general Resolved, etc., That the following sums are hereby appropriated, out of debate on the bill had been any money in the Treasury not oth- concluded and reading for erwise appropriated, for the payment amendment had begun in the of expenses incident to the second session of the Seventy-sixth Con- Committee of the Whole. gress, namely: On May 21, 1969,(9) the fol- For mileage of the President of the Senate and of Senators, $51,000. lowing proceedings took place: For mileage of Representatives, MR. [WILLIAM M.] COLMER [of Mis- the Delegate from Hawaii, and the sissippi]: Mr. Speaker, by direction of Resident Commissioner from Puerto Rico, and for expenses of the Dele- the Committee on Rules, I call up gate from Alaska, $171,000. House Resolution 414 and ask for its For the payment of 21 pages for immediate consideration. the Senate and 48 pages for the 8. William B. Bankhead (Ala.). 7. 85 CONG. REC. 16, 76th Cong. 2d 9. 115 CONG. REC. 13246, 13251, Sess. 13252, 91st Cong. 1st Sess.

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The Clerk read the resolution, as fol- House on the State of the Union for lows: the further consideration of the bill H.R. 11400, with Mr. [Chet] Holifield H. RES. 414 [of California] in the chair. Resolved, That during the consid- THE CHAIRMAN: When the Com- eration of the bill (H.R 11400) mak- mittee rose on yesterday, the Clerk ing supplemental appropriations for had read through line 7 on page 2 of the fiscal year ending June 30, 1969, the bill. and for other purposes, all points of order against title IV of said bill are hereby waived. Points of Order Against All

MR. COLMER: . . . The language that Provisions But One the rule waives the point of order against is found in title IV of the bill. § 9.2 The form of a resolution Title IV of the bill places a ceiling waiving all points of order upon the amount of the expenditures against consideration of an that the Chief Executive can make appropriation bill, waiving within the fiscal year. Now, that amount is, roughly, $192 billion. . . . points of order against the THE SPEAKER PRO TEMPORE: (1) The bill or any of the provisions question is on the resolution. contained therein excepting The question was taken; and the a specific paragraph is set Speaker pro tempore announced that out below. the ayes appeared to have it. On Apr. 7, 1949,(2) the Clerk MR. [WILLIAM F.] RYAN [of New York]: Mr. Speaker, I object to the vote read the following resolution: on the ground that a quorum is not Resolved, That upon the adoption present and make the point of order of this resolution, notwithstanding that a quorum is not present. . . . any rule of the House to the contrary, it shall be in order to move The question was taken; and there that the House resolve itself into the were—yeas 326, nays 53, not voting Committee of the Whole House on 54. . . . the State of the Union for the consid- MR. [GEORGE H.] MAHON [of Texas]: eration of the bill (H.R. 4046) mak- Mr. Speaker, I move that the House ing appropriations to supply deficiencies in certain appropriations for resolve itself into the Committee of the the fiscal year ending June 30, 1949, Whole House on the State of the Union and for other purposes, and all for the further consideration of the bill points of order against the bill or (H.R. 11400) making supplemental ap- any of the provisions contained propriations for the fiscal year ending therein are hereby waived excepting June 30, 1969, and for other purposes. the provision appearing on page 19, lines 18 to 21, inclusive, in the para- The motion was agreed to. graph under the heading ‘‘General Accordingly the House resolved itself Provisions.’’ That after general de- into the Committee of the Whole 2. 95 CONG. REC. 4113, 81st Cong. 1st 1. Edmond Edmondson (Okla.). Sess.

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bate, which shall be confined to the and offices, for the fiscal year ending bill and continue not to exceed 2 June 30, 1948, and for other pur- hours, to be equally divided and con- poses, all points of order against the trolled by the chairman and ranking bill or any provisions contained minority member of the Committee therein are hereby waived; and it on Appropriations, the bill shall be shall also be in order to consider read for amendment under the 5- without the intervention of any point minute rule. At the conclusion of the of order any amendment to said bill reading of the bill for amendment, prohibiting the use of the funds ap- the Committee shall rise and report propriated in such bill or any funds the same to the House with such heretofore made available, including amendments as may have been contract authorizations, for the pur- adopted, and the previous question chase of any particular site or for the shall be considered as ordered on the erection of any particular hospital. bill and amendments thereto to final passage without intervening motion except one motion to recommit. Waiver of Three-day Avail- ability Requirement Certain Legislative Language § 9.4 The House has considered Made in Order a resolution on the same day § 9.3 The form of a resolution reported making in order waiving points of order consideration of an appro- against the independent of- priation bill, notwith- fices appropriation bill, and standing the fact that the bill making in order a legislative and report have not been amendment described in gen- available for three calendar eral terms in the text of the days as required by Rule XXI resolution is set out below. clause 6 (subsequently clause On June 17, 1947,(3) the fol- 7) and waiving all points of lowing proceedings took place: order against the bill. On Sept. 19, 1968,(4) a Member MR. [FOREST A.] HARNESS [of Indi- ana]: Mr. Speaker, I call up House addressed Speaker John W. Resolution 248 and ask for its imme- McCormack, of Massachusetts, as diate consideration. follows, and proceedings ensued The Clerk read the resolution, as fol- as indicated below: lows: MR. [WILLIAM M.] Colmer [of Mis- Resolved, That during the consid- sissippi]: Mr. Speaker, by direction of eration of the bill (H.R 3839) making appropriations for the Executive Of- the Committee on Rules, I call up fice and sundry independent execu- House Resolution 1308 and ask for its tive bureaus, boards, commissions, immediate consideration.

3. 93 CONG. REC. 7166, 80th Cong. 1st 4. 114 CONG. REC. 27646, 27647, 90th Sess. Cong. 2d Sess.

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The Clerk read the resolution, as fol- this procedure in this particular in- lows: stance. This matter was presented to the H. RES. 1308 committee only this morning The con- Resolved, That upon the adoption ference report on the authorization bill of this resolution, notwithstanding was adopted only a few hours ago by any rule of the House to the con- the House. But it is anticipated that trary, it shall be in order to move the other body will approve it and that that the House resolve itself into the it will go to the White House for the Committee of the Whole House on President’s signature. . . . the State of the Union for the consid- MR. [H. ALLEN] SMITH [of Cali- eration of the bill (H.R. 19908) mak- fornia]: . . . [B]y way of a simple re- ing appropriations for Foreign As- view of the matter, the last vote was sistance and related agencies for the for two-thirds to consider this par- fiscal year ending June 30, 1969, and ticular resolution, House Resolution for other purposes, and all points of 1308. Otherwise it would have had to order against said bill are hereby have laid over until tomorrow or next waived. week. THE SPEAKER: The question is, will Mr. Speaker, this procedure is as the the House now consider House Resolu- chairman of the Committee on Rules tion 1308? said, unorthodox and unusual, and insofar as I am concerned I doubt that The question was taken. there will be any other type of piece of MR. [PETER H. B.] FRELINGHUYSEN legislation that I would agree to this [of New Jersey]: Mr. Speaker, I object particular procedure being worked to the vote on the ground that a upon a bill. quorum is not present and make the After all, the bill is here and the con- point of order that a quorum is not ference report has been adopted. Fur- present. ther, if we are ever going to adjourn THE SPEAKER: Evidently a quorum is we will have to proceed in this par- not present. ticular manner even though it is a little unusual. The Doorkeeper will close the doors, the Sergeant at Arms will notify ab- The matter we have under consideration right now is House Resolution sent Members, and the Clerk will call 1308 that waives points of order on the the roll. foreign assistance bill; namely, H.R. The question was taken; and there 19908. If this rule is adopted by a ma- were—yeas 293, nays 58, not voting jority vote then we can proceed to its 80. . . . consideration with 2 hours of debate, So (two-thirds having voted in favor proceed to the consideration of the For- thereof), the House agreed to consider eign Assistance Act for the fiscal year House Resolution 1308. . . . ending June 30, 1969, with the time equally divided. MR. COLMER: Mr. Speaker, the House has just voted to consider the resolution which provides for consider- Waiver of Points of Order ation, in turn, of the foreign aid appro- Against Bill or Provisions priation bill. Frankly, I do not subscribe to this § 9.5 The form of a resolution procedure generally. I do subscribe to waiving all points of order 5114

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against a general appropria- burn Office Building) is set tion bill or any provisions out below. contained therein is set out On Apr. 9, 1963,(6) a Member below. called up a resolution, as follows: ( ) On June 26, 1945, 5 a resolu- MR. [JAMES J.] DELANEY [of New tion was called up, as follows: York]: Mr. Speaker, by direction of the Committee on Rules, I call up House MR. [JOE B.] BATES [of Kentucky]: Resolution 311 and ask for its imme- Mr. Speaker, I call up House Resolu- diate consideration. tion 301 and ask for its immediate con- The Clerk read the resolution as fol- sideration. lows: The Clerk read the resolution, as fol- Resolved, That during the consid- lows: eration of the bill (H.R 5517) making supplemental appropriations for the Resolved, That during the consid- fiscal year ending June 30, 1963, and eration of the bill (H.R 3579) making for other purposes, all points of order appropriations to supply deficiencies against the provisions contained in in certain appropriations for the fis- lines 5 through 10, page 22, are cal year ending June 30, 1945, and hereby waived. for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1945, and Points of Order Against Com- June 30, 1946, to provide appropria- mittee Amendments tions for the fiscal year ending June 30, 1946, and for other purposes all § 9.7 The form of a resolution points of order against the bill or any provisions contained therein are waiving points of order hereby waived. against a supplemental appropriation bill or any of the Specific Paragraph of Supple- provisions contained therein, mental Appropriation Bill and waiving points of order Protected against any amendment offered by direction of the § 9.6 The form of a resolution Committee on Appropria- waiving points of order tions is set out below. against a specific paragraph ( ) of a supplemental appropria- On June 9, 1948, 7 the fol- tion bill (language making lowing resolution was called up: certain funds that were MR. [LEO E.] ALLEN [of Illinois]: Mr. Speaker, I call up House Resolution available for construction also available for purchase of 6. 109 CONG. REC. 6043, 88th Cong. 1st furniture for the new Ray- Sess. 7. 94 CONG. REC. 7603, 80th Cong. 2d 5. 91 CONG. REC. 6766, 79th Cong. 1st Sess. See also 83 Cong. Rec 6777, Sess. 75th Cong. 3d Sess., May 12, 1938.

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651 and ask for its immediate consid- poses, all points of order against title eration. II of said bill or any provisions con- The Clerk read the resolution, as fol- tained therein are hereby waived. lows: § 10. General Appropriation Resolved, That during the consideration of the bill (H.R 6829) making Bills Considered by Unani- supplemental appropriations for the mous Consent Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fis- Generally cal year ending June 30, 1949, and for other purposes, all points of order § 10.1 Consideration of a sup- against the bill or any provisions plemental appropriation bill, contained therein are hereby waived, and it shall be in order to consider without the intervention of without the intervention of any point any point of order against of order any amendment offered by direction of the Committee on Appro- the provisions of the bill, was priations. made in order on the following Tuesday or any day Waiver Against One Title of thereafter, by unanimous Bill consent. ( ) § 9.8 The form of a resolution On Dec. 6, 1967, 9 the following waiving points of order proceedings took place: against part of a military es- MR. [GEORGE H.] MAHON [of Texas]: tablishment appropriation Mr. Speaker, I ask unanimous consent bill is set out below. that it may be in order on Tuesday next or any subsequent day next week On June 4, 1947,(8) a resolution to consider a bill making supplemental was called up, as follows: appropriations for fiscal year 1968 and that all points of order against the bill MR. [ROBERT F.] RICH [of Pennsyl- or any provisions contained therein be vania]: Mr. Speaker, by direction of the considered as waived. Committee on Rules, I call up House THE SPEAKER: (10) Is there objection Resolution 230 and ask for its immediate consideration. to the request of the gentleman from Texas? . . . The Clerk read the resolution, as follows: MR. GERALD R. FORD [of Michigan]: I am glad that point has just been Resolved, That during the consid- clarified. As I understand it, the rea- eration of the bill (H.R 3678) making son for waiving points of order is be- appropriations for the Military Es- tablishment for the fiscal year ending June 30, 1948, and for other pur- 9. 113 CONG. REC. 35164, 35165, 90th Cong. 1st Sess. See also the unani- 8. 93 CONG. REC. 6346, 80th Cong. 1st mous-consent requests in § 8, supra. Sess. 10. John W. McCormack (Mass.).

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cause the authorization bill for the Of- McCormack, of Massachusetts, as fice of Economic Opportunity will not follows, and proceedings ensued have become law through the signa- as indicated below: ture of the President at the time specified? In other words, that is the only MR. [GEORGE H.] MAHON [of Texas]: reason that the gentleman from Texas Mr. Speaker, I ask unanimous consent [Mr. Mahon] asks to waive all points of that the Committee on Appropriations order? may have until midnight Monday, Feb- MR. MAHON: Mr. Speaker, if the gen- ruary 19, to file a privileged report on tleman from Ohio will yield further, the urgent supplemental appropriation the gentleman from Michigan is cor- bill for the fiscal year 1968. rect. This is the only reason for the re- THE SPEAKER: Is there objection to quest. There is nothing else that I can the request of the gentleman from envisage in the appropriation bill Texas? . . . where a point of order might obtain. MR. MAHON: Mr. Speaker, I ask MR. [FRANK T.] BOW [of Ohio]: Mr. unanimous consent to revise and ex- Speaker, I withdraw my reservation of tend my remarks during the colloquy objection. just held to make it in order for the House to consider the urgent supple- THE SPEAKER: Is there objection to mental appropriations bill for 1968 on the request of the gentleman from Tuesday, February 20, or any day sub- Texas [Mr. Mahon]. sequent thereto. . . . There was no objection. THE SPEAKER: Is there objection to the request of the gentleman from Three-day Availability Re- Texas? quirement There was no objection. § 10.2 Consideration of a sup- § 10.3 By unanimous consent, plemental appropriation bill the rule [Rule XXI clause 6 was made in order on the fol- (now clause 7)] prohibiting lowing Tuesday or any day consideration of general ap- thereafter, by unanimous propriation bills until print- consent, despite the fact that ed committee hearings and the bill and report would not the committee report have be available for three cal- been available for three days endar days as required by was waived. Rule XXI clause 6 (now On Sept. 12, 1962,(12) the fol- clause 7). lowing proceedings took place: (11) On Feb. 15, 1968, a Member MR. [OTTO E.] PASSMAN [of Lou- addressed Speaker John W. isiana]: Mr. Speaker, I take this time

11. 114 CONG. REC. 3022, 3023, 90th 12. 108 CONG. REC. 19237, 87th Cong. Cong. 2d Sess. 2d Sess.

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in order to announce that it is our in- Whole House on the State of the Union tention to report the foreign aid appro- for the consideration of the bill (H.R. priation bill for 1963 to the House on 1968) making appropriations to supply Tuesday, September 18. I therefore urgent deficiencies in certain appro- now ask unanimous consent that the 3- priations for the fiscal year ending day rule be waived and that the bill be June 30, 1947, and for other purposes; considered in the House on Thursday, and pending that motion, Mr. Speaker, September 20. I ask unanimous consent that general THE SPEAKER: (13) Is there objection debate be limited to 1 hour, to be to the request of the gentleman from equally divided and controlled by the Louisiana? gentleman from Missouri [Mr. Cannon] There was no objection. and myself. THE SPEAKER: Is there objection to the request of the gentleman from New York? § 11. Consideration and MR. [VITO] MARCANTONIO [of New Debate; Amendments York]: Mr. Speaker, reserving the right to object, is this the bill that contains Motion to Close Debate the cuts of appropriations for OPA? MR. TABER: Yes. § 11.1 A motion to fix the time MR. MARCANTONIO: Then I object, of general debate on an ap- Mr. Speaker. MR. TABER: Mr. Speaker, a par- propriation bill is not in liamentary inquiry. order prior to resolving into THE SPEAKER: The gentleman will the Committee of the Whole; state it. but after there has been de- MR. TABER: The House may go into bate in the Committee of the the Committee of the Whole and later, Whole and the Committee after debate has occurred, rise, and then a motion would be in order to rises, the motion is in order close debate; but otherwise a motion in the House. would not be in order at this time to On Feb. 18, 1947,(14) a Member close? addressed Speaker Joseph W. THE SPEAKER: The gentleman from New York states the situation accu- Martin, Jr., of Massachusetts, as rately. The House must first go into follows and proceedings ensued as Committee and have general debate, indicated below: and then rise and fix the time of debate by vote. MR. [JOHN] TABER [of New York]: Mr. Speaker, I move that the House resolve itself into the Committee of the Consideration of Senate Amendments 13. John W. McCormack (Mass.). 14. 93 CONG. REC. 1138, 80th Cong. 1st § 11.2 The House has consid- Sess. ered Senate amendments to a

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general appropriation bill in The motion was agreed to. Committee of the Whole Accordingly the House resolved itself under the five-minute rule. into the Committee of the Whole House on the State of the Union for On July 12, 1945,(1) a Member the consideration of the bill (H.R. addressed Speaker Sam Rayburn, 3368) making appropriations for war of Texas, and proceedings ensued agencies for the fiscal year ending as indicated below: June 30, 1946, and for other purposes, with Senate amendments, with Mr. MR. [CLARENCE] CANNON [of Mis- Sparkman in the chair. souri]: Mr. Speaker, I move that the The Clerk read the title of the bill. House resolve itself into the Com- mittee of the Whole House on the Parliamentarian’s Note: This State of Union for the consideration of procedure is different from consid- the bill (H.R. 3368) making appropria- eration in the House as in Com- tions for war agencies for the fiscal mittee of the Whole, where mo- year ending June 30, 1946, and for tions under Rule XVI clause 4 are other purposes, with Senate amend- in order. ments. Pending that motion, Mr. Speaker, I ask unanimous consent to dispense with general debate. Terms of Debate THE SPEAKER: Is there objection to the request of the gentleman from Mis- § 11.3 Before consideration of souri? the general appropriation MR. [JOHN] TABER [of New York]: bill, 1951, containing all the Mr. Speaker, reserving the right to ob- appropriations for the var- ject, that is satisfactory to me. That ious agencies of the govern- would not mean, of course, that there could be no debate on amendments? ment, it was agreed by unan- MR. CANNON of Missouri: Amend- imous consent that general ments will be considered under the 5- debate run without limit to minute rule. be equally divided between THE SPEAKER: Is there objection to the Chairman and ranking the request of the gentleman from Mis- minority member of the Com- souri? There was no objection. mittee on Appropriations; THE SPEAKER: The question is on the and that following the read- motion of the gentleman from Mis- ing of the first chapter of the souri. bill not to exceed two hours general debate be had before 1. 91 CONG. REC. 7474, 79th Cong. 1st the reading of each subse- Sess. See also 91 CONG. REC. 7226, 7227, 79th Cong. 1st Sess., July 5, quent chapter, one-half to be 1945. For further discussion see Ch. controlled by the chairman 32, House-Senate Relations, infra. and one-half by the ranking 5119

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minority member of the sub- bill. I think we should have the great- committee in charge of the est leeway to discuss these things. chapter. THE SPEAKER: The Chair would think that this appropriation bill actu- On Apr. 3, 1950,(2) a Member ally being 11 bills in one, and covering addressed Speaker Sam Rayburn, everything in the Government, a Mem- of Texas, as follows, and the pro- ber speaking on the bill would have a ceedings were as indicated below: rather wide range. MR. JENSEN: I thank the Speaker. I MR. [CLARENCE] CANNON [of Mis- was hoping the Speaker would say just souri]: Mr. Speaker, I move that the that. House resolve itself into the Com- THE SPEAKER: Is there objection to mittee of the Whole House on the the request of the gentlman from Mis- State of the Union for the consider- souri? ation of the bill (H.R. 7786) making ap- There was no objection. propriations for the support of the Gov- ernment for the fiscal year ending § 11.4 During the consider- June 30, 1951, and for other purposes; and pending that I ask unanimous con- ation of the general appro- sent that time for general debate be priation bill, 1951, terms of equally divided, one-half to be con- consideration were agreed trolled by the gentleman from New upon, including: that a chap- York [Mr. Taber] and one-half by my- ter then under consideration self; that debate be confined to the bill; and that following the reading of the be considered as read and first chapter of the bill, not to exceed 2 open to points of order and hours general debate be had before the amendment; and that a cer- reading of each subsequent chapter, tain Member be authorized one-half to be controlled by the chair- to offer a blanket amend- man and one-half by the ranking mi- ment to a part of the chapter. nority member of the subcommittee in charge of the chapter. . . . On Apr. 27, 1950,(3) the fol- MR. [BEN F.] JENSEN [of Iowa]: Of lowing unanimous-consent recourse, Mr. Speaker, I will not object, quests were made: except to say that I trust and am sure the majority of the Members of the MR. [CLARENCE] CANNON [of Mis- House hope that the chairman of the souri]: Mr. Speaker, I ask unanimous full committee, the gentleman from consent that— Missouri [Mr. Cannon] will not make The chapter on agricultural appro- points of order against Members on the priations be considered as read and ground that they are speaking out of open to points of order and amend- order when so much is involved in this ment; that the gentleman from Min-

2. 96 CONG. REC. 4614, 4615, 81st 3. 96 CONG. REC. 5910, 81st Cong. 2d Cong. 2d Sess. Sess.

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nesota [Mr. H. Carl Andersen] have I ask unanimous consent, Mr. Speaker, consent to offer a blanket amendment that it be considered in the House as relating to administrative expenses; in Committee of the Whole. That when the House adjourns on The Clerk read the title of the joint Friday it adjourn to meet on Monday resolution. next; THE SPEAKER: (5) Is there objection to That no debate be in order on Fri- the request of the gentleman from day, Monday, and Tuesday except gen- Texas? . . . eral debate; There was no objection. That general debate on the civil functions appropriations bill be con- § 11.6 Unanimous consent was fined to Tuesday; granted that a joint resolu- That when the House adjourns on tion providing supplemental Tuesday next all general debate be appropriations for the De- concluded on the entire bill. partment of Labor be consid- There was no objection to the ered in the House as in Com- request. mittee of the Whole. On Mar. 24, 1964,(6) the fol- House as in Committee of the lowing proceedings took place in Whole the House:

§ 11.5 On numerous occasions MR. [JOHN E.] FOGARTY [of Rhode Is- the House has by unanimous land]: Mr. Speaker, in accordance with consent provided for the con- the unamimous consent granted yes- sideration of a nongeneral terday, I call up House Joint Resolu- tion 962, making a supplemental ap- appropriation bill in the propriation for the fiscal year ending House as in the Committee of June 30, 1964, for the Department of the Whole. Labor, and for other purposes, and ask unanimous consent that the joint reso- On June 14, 1962,(4) the fol- lution be considered in the House as in lowing request was made in the Committee of the Whole. House: The Clerk read the title of the joint MR. [ALBERT] THOMAS [of Texas]: resolution ( ) Mr. Speaker, in accordance with the THE SPEAKER: 7 Is there objection to unanimous-consent agreement of yes- the request of the gentleman from terday, I ask for the immediate consid- Rhode Island? eration of the joint resolution (H.J. There was no objection. Res. 745), making supplemental appropriations for the fiscal year 1962; and 5. John W. McCormack (Mass.). 6. 110 CONG. REC. 6096, 88th Cong. 2d 4. 108 CONG. REC. 10481, 87th Cong. Sess. 2d Sess. See also § 8, supra. 7. John W. McCormack (Mass.).

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The Clerk read the joint resolution, the rules and pass the bill H.R. 7349, as follows: which I send to the Clerk’s desk. Resolved by the Senate and House The Clerk read as follows: of Representatives of the United A bill making appropriations for States of America in Congress assem- the Department of Agriculture for bled, That the following sum is ap- the fiscal year ending June 30, 1943, propriated, out of any money in the and for other purposes. Treasury not otherwise appropriated, for the fiscal year ending June 30, THE SPEAKER: Is a second de- 1964, namely: manded? MR. [EVERETT M.] DIRKSEN [of Illi- DEPARTMENT OF LABOR nois]: Mr. Speaker, I demand a second. Bureau of Employment Security MR. TARVER: Mr. Speaker, I ask unanimous consent that a second be Unemployment Compensation for Federal Employees and ex-Service- considered as ordered. men THE SPEAKER: Is there objection to the request of the gentleman from For an additional amount for ‘‘Un- employment compensation for Fed- Georgia [Mr. Tarver]? eral employees and ex-servicemen’’, There was no objection. $42,000,000. After some discussion,(9) the Suspension of the Rules rules were suspended and the bill was passed.(10) § 11.7 The two Houses having been unable to agree on all Amendments—Reading Bill provisions of the 1943 agri- § 11.8 General revenue and ap- culture appropriation bill, propriation bills are consid- the House adopted a motion ered by paragraph for to suspend the rules and amendment and all other pass a new bill containing bills are considered by sec- matters in the original bill tions, including bills making not in controversy. appropriations for specific On July 2, 1942,(8) a Member purposes. addressed Speaker Sam Rayburn, On May 21, 1940,(11) the Com- of Texas, as follows, and pro- mittee of the Whole was consid- ceedings ensued as indicated ering House Joint Resolution 544, below: 9. Id. at pp. 5954–60. MR. [MALCOLM C.] TARVER [of Geor- gia]: Mr. Speaker, I move to suspend 10. Id. at p. 5960. 11. 86 CONG. REC. 6542, 76th Cong. 3d 8. 88 CONG. REC. 5953, 5954, 77th Sess. For discussion of amendments Cong. 2d Sess. generally, see Ch. 27, infra.

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a relief appropriation bill. The fol- ering H.R. 7922, an independent lowing proceedings took place: offices appropriation bill. Pro- MR. [JOHN] TABER [of New York]: ceedings took place as indicated Mr. Chairman, a parliamentary in- below: quiry. THE CHAIRMAN: (12) The gentleman MR. [ROBERT] LUCE [of Massachu- will state it. setts]: A parliamentary inquiry. MR. TABER: Mr. Chairman, this bill THE CHAIRMAN: (14) The gentleman comes from the Appropriations Com- will state it. mittee. Ordinarily bills coming from MR. LUCE: May I ask where the the Appropriations Committee are read proper place would be to insert an by paragraph. Bills coming from other amendment before the next part of the committees are read by sections. I want to ask the Chairman, so that all bill headed by capitals? Members may know as we approach THE CHAIRMAN: The Chair was un- the reading of the bill, how this bill able to hear all of the inquiry by the will be read, so that they may know gentleman from Massachusetts. where to offer amendments. MR. LUCE: May I ask how far the bill THE CHAIRMAN: The Chair will state, has been read? in response to the parliamentary in- THE CHAIRMAN: Down through the quiry presented by the gentleman from New York [Mr. Taber], that it is the bottom of page 50. The only paragraph understanding of the Chair that, under under the heading ‘‘United States the rule, general revenue measures Housing Authority’’ that would now be and appropriation bills are considered subject to amendment would be the by paragraph and that all other meas- last four lines on page 50. ures are considered by sections. Con- MR. LUCE: Mr. Chairman, if I recol- sequently, the pending bill will be con- lect the practice of the House, it has sidered by sections and amendments always been to include everything offered by sections rather than by paragraphs. under a heading for amendment. THE CHAIRMAN: It has been the prac- § 11.9 Appropriation bills are tice of the House from time immemo- read by paragraph and rial to read appropriation bills by para- amendments are in order graphs only to the paragraph just § 11.10 The rule of germane- read, not to the entire sub- ness applies to amendments ject matter under a heading to appropriation bills; and an in an appropriation bill. amendment proposing a spe- On Jan. 17, 1940,(13) the Com- cific appropriation must be mittee of the Whole was consid- 11648, 91st Cong. 2d Sess., Apr. 14, 12. Fritz G. Lanham (Tex.). 1970 (proceedings relating to H.R. 13. 86 CONG. REC. 442, 443, 76th Cong. 16916). 3d Sess. See also 116 CONG. REC. 14. Lindsay C. Warren (N.C.).

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offered when the paragraphs not be available for the payment of advertising in newspapers published dealing with that subject are outside of the District of Columbia, being considered notwithstanding the requirement for ( ) such advertising provided by existing On Jan. 31, 1938, 15 the Com- law. . . . mittee of the Whole was consid- Amendment by Mr. [Alfred N.] Phil- ering H.R. 8181, a District of Co- lips [Jr., of Connecticut]: On page 11, lumbia appropriation bill. An line 13, after the period, insert two amendment was read and a point new paragraphs as follows: of order raised as follows: ‘‘For the employment of a secretary to the People’s Counsel before the pub- PUBLIC UTILITIES COMMISSION lic utilities commission, $1,620. ‘‘For the employment of expert aid to For two commissioners, people’s the People’s Counsel, $5,000.’’. . . counsel, and for other personal serv- MR. PALMISANO: Mr. Chairman, I ices, $76,000, of which amount $1,620 made a point of order against the lan- shall be available for the employment guage on page 7, line 13, after the fig- of a secretary to the people’s counsel, ures ‘‘$76,000’’ to the end of the para- and not to exceed $5,000 may be used graph, which point of order was sus- for the employment of expert services tained on the ground that it was legis- by contract or otherwise and without lation in an appropriation bill. The reference to the Classification Act of amendment offered by the gentleman 1923, as amended. from Connecticut would restore the MR. [VINCENT L.] PALMISANO [of language that was stricken out on the Maryland]: Mr. Chairman, I make a point of order; not only that, but we point of order against the language on have passed that particular section page 7, line 3, after ‘‘$76,000’’, begin- and the amendment comes too late. ning with the words ‘‘of which’’ and . . . ending with the word ‘‘amended.’’. . . THE CHAIRMAN: The gentleman from THE CHAIRMAN: (16) In the opinion of Maryland bases his point of order on the Chair, very clearly this is an at- two grounds. . . . tempt to impose legislation on an ap- The second ground raised by the propriation bill, and the point of order gentleman from Maryland, that the is therefore sustained. . . . amendment comes too late, and the point of order raised by the gentleman The Clerk read as follows: from Oklahoma, that the amendment For general advertising, author- is not germane to the paragraph of- ized and required by law, and for tax fered, the Chair will be forced to sus- and school notices and notices of tain. changes in regulations, $9,000: Pro- vided, That this appropriation shall When Paragraph Is Considered 15. 83 CONG. REC. 1307–09, 75th Cong. Passed 3d Sess. For discussion of amendments generally, see Ch. 27, infra. § 11.11 In reading a general 16. William J. Driver (Ark.). appropriation bill under the 5124

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five-minute rule, a section or Mr. Lambertson rose. paragraph is considered as MR. [CLARENCE] CANNON of Mis- souri: Mr. Chairman, I offer the fol- having been passed for an lowing amendment, which I send to amendment when an amend- the desk. ment in the form of a new The Clerk read as follows: section or paragraph has Amendment offered by Mr. Can- been agreed to. On appeal, non of Missouri: Page 4, after line 9, the Chair’s ruling that the insert: adoption of an amendment ‘‘DEPARTMENT OF STATE adding a new paragraph pre- ‘‘Transportation Foreign Service: cludes further amendments For an additional amount for Trans- portation, Foreign Service, fiscal to the prior paragraph of the year 1942, including the objects spec- bill was sustained. ified under this head in the Depart- ( ) ment of State Appropriation Act, On Jan. 23, 1942, 17 the Com- 1942, $800,000.’’ mittee of the Whole was consid- MR. CANNON of Missouri: Mr. Chair- ering H.R. 6448, a supplemental man, the purpose of this amendment is appropriation bill for national de- to make provision for a deficiency fense. The Clerk read as follows, which was not foreseen, and which has and proceedings ensued as indi- occurred as the result of the declara- cated below: tion of war. We have in all parts of Eu- rope and Asia diplomatic and consular Tennessee Valley Authority Fund: representatives and attache´s who must For an additional amount for the Ten- be brought home, together with their nessee Valley Authority fund, fiscal families and clerks and office staffs. year 1942, for (1) the construction of a They have to be shifted as a result of hydroelectric project on the French a change in the status brought about Broad River near Dandridge, Tenn., (2) by the declaration of war. In the origi- the purchase or building of trans- nal appropriation there was something mission facilities needed to connect in excess of $700,000 in this fund—an this project to the existing trans- amount which would have sufficed mission system of the Authority, and under normal conditions, but under re- (3) the acquisition of land necessary for cent developments there have been and the relocation of highways in con- such heavy expenditures that only nection with the accomplishment of the about $17,000 remains, which is insuf- above project; $30,000,000, to be avail- ficient to carry the Service beyond the able for the administrative objects of 1st of the month. I offer this amend- expenditure and subject to the condi- ment to make provision for the unex- tions specified under this heading in pected deficiency. the Independent Offices Appropriation THE CHAIRMAN: (18) The question is Act, 1942. on agreeing to the amendment offered by the gentleman from Missouri. 17. 88 CONG. REC. 606, 607, 77th Cong. 2d Sess. 18. J. Bayard Clark (N.C.).

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The amendment was agreed to. the amendment was offered by the MR. [WILLIAM P.] LAMBERTSON [of gentleman from Missouri, but that Kansas]: Mr. Chairman, I have an would not preclude this amendment amendment at the desk. from being offered. This is an amend- The Clerk read as follows: ment to strike out the previous paragraph. The amendment that the gen- Amendment offered by Mr. tleman from Missouri [Mr. Cannon], Lambertson: Page 3, line 22, strike added was an amendment adding an out lines 22, page 3, to and including line 9 on page 4. additional paragraph. MR. CANNON of Missouri: Mr. Chair- MR. CANNON of Missouri: Mr. Chair- man, the gentleman did not address man, I make the point of order that the Chair at all. He at no time ad- the amendment comes too late. We dressed the Chair until after the Clerk have passed that paragraph. We have had concluded the reading of the new adopted an amendment since the para- paragraph and the committee had graph was read and it is no longer sub- adopted it. ject to amendment. MR. LAMBERTSON: I beg your pardon; MR. LAMBERTSON: Mr. Chairman, I I did. I did stand and I did address the was on my feet standing alone before Chair. I was standing before he ever the gentleman from Missouri rose. The started to get up. Chair recognized the gentleman from THE CHAIRMAN: The Chair was Missouri, but I had the floor ahead of aware of the fact that the gentleman him. from Kansas [Mr. Lambertson] was on MR. [FRANCIS H.] CASE of South Da- his feet, and the Chair would like to kota: Mr. Chairman, it is my impres- overrule the point of order, but feels sion that the gentleman from Kansas that technically the point of order is well taken, and it being insisted upon was on his feet, and, seeing that the by the chairman of the Committee on chairman of the subcommittee rose, he Appropriations, the Chair is con- deferred to him to offer an amendment strained to sustain the point of order. first. MR. TABER: Mr. Chairman, I appeal THE CHAIRMAN: The chairman of the from the decision of the Chair. committee was recognized by the THE CHAIRMAN: The question is, Chair. The Chair asks the gentleman Shall the decision of the Chair stand from Missouri if he insists upon his as the judgment of the Committee? point of order The question was taken; and on a di- MR. CANNON of Missouri: Mr. Chair- vision [demanded by Mr. Taber] there man, I regret that I must insist on the were ayes 75 and noes 62. point of order. MR. TABER: Mr. Chairman, I demand MR. [JOHN] TABER [of New York]: tellers. Mr. Chairman, may I be heard on the Tellers were ordered, and the Chair point of order? appointed Mr. Cannon of Missouri and THE CHAIRMAN: Certainly. Mr. Taber to act as tellers. MR. TABER: The gentleman from The Committee again divided, and Kansas was on his feet asking for rec- the tellers reported there were ayes ognition at the time and on top of that 126 and noes 89.

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So the decision of the Chair was sus- apply to line 17. If this amendment tained. were acted on, would that prevent my amendment from being offered at the § 11.12 If an amendment af- end of the paragraph which begins on fects, in part, a paragraph of line 5 and ends on line 17? an appropriation bill not yet THE CHAIRMAN: The amendment of the gentleman applies to that portion read by the Clerk, but no between line 15 and line 17? point of order is made MR. PELLY: That is correct. against the amendment, it is THE CHAIRMAN: It would be in order, considered, but further because the Clerk has not read the amendments to intervening next 3 lines, 18, 19, and 20. portions of text that have not MR. [JOHN E.] FOGARTY [of Rhode Is- land]: May I be heard, Mr. Chairman? been read are not precluded. THE CHAIRMAN: Yes. (19) On Apr. 3, 1957, the Com- MR. FOGARTY: It was my under- mittee of the Whole was consid- standing that the amendment offered ering H.R. 6287, the Departments by the gentleman from Louisiana went of Labor, Health, Education, and down to and included the language at Welfare, and related agencies ap- the end of line 20 on page 25. propriation bill. At one point the THE CHAIRMAN: The amendment does go down that far, but the Clerk Clerk read as follows, and the pro- has not read those last three lines. ceedings were as indicated below: MR. FOGARTY: Mr. Chairman, I make MR. [THOMAS M.] PELLY [of Wash- the point of order that further amend- ington]: Mr. Chairman, a parliamen- ments cannot be offered to the lan- tary inquiry. guage before line 20 on page 25, be- THE CHAIRMAN: (20) The gentleman cause the amendment offered by the will state it. gentleman from Louisiana [Mr. MR. PELLY: I did not understand He´bert] takes in 3 places in the bill that the Clerk had read beyond line and goes down to and including the 17. May I inquire if this amendment paragraph ‘‘Salaries and expenses’’ includes the figure on line 20? where his amendment offers to cut the THE CHAIRMAN: The amendment amount in line 20. that the gentleman from Louisiana of- THE CHAIRMAN: The statement the fered was addressed to the language gentleman makes is correct, but the beginning on line 5 but does touch on fact remains no point of order was a sum included in the next paragraph made when the amendment was read. beginning on line 18. MR. FOGARTY: Mr. Chairman, the MR. PELLY: Mr. Chairman, I have an point I was trying to make is that amendment at the desk which would there were no objections raised when the amendment was offered and con- 19. 103 CONG. REC. 5018, 5019, 85th sidered down through line 20. Cong. 1st Sess. THE CHAIRMAN: The portion of the 20. Aime J. Forand (R.I.) gentleman’s amendment having to do

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with those three lines, lines 18, 19, Whole of the education appropria- and 20, can have no effect until those tion bill (H.R 19616) a point of lines are read and then considered. order was raised against an MR. FOGARTY: Mr. Chairman, a fur- amendment, as follows: ther parliamentary inquiry. THE CHAIRMAN: The gentleman will MR. [MARVIN L.] ESCH [of Michigan]: state it. Mr. Chairman, I offer an amendment. MR. FOGARTY: Is the gentleman’s The Clerk read as follows: amendment in order when he has, in Amendment offered by Mr. Esch: one amendment, sought to cut three Strike out lines 17 and 18 on page 3 places in the bill, from lines 5 to 20? and insert in lieu thereof the fol- THE CHAIRMAN: No point of order lowing ‘‘titles I, III, IV (except part was raised against it. F), part E of title V and title VI of the Higher Education Act of 1965, as MR. FOGARTY: I thought that would amended, title I, including section’’. be a concession that those lines had And, on line 2 of page 4, strike out been read, the lines down to and in- ‘‘$899,880,000’’ and insert in lieu cluding line 20. thereof ‘‘$992,100,000’’ THE CHAIRMAN: It is no concession MR. [DANIEL J.] FLOOD [of Pennsyl- until such time as that portion of the vania]: Mr. Chairman, I make a point bill is read of order against the amendment on MR. PELLY: Mr. Chairman, reserving precisely the same grounds. The Clerk the right to object, if no objection were has now read past page 4, line 17, made, would that preclude the consid- ‘‘Community Education.’’ eration of my amendment which begins The gentleman was not on his feet. on line 17, following the action on the He did not address the Chair. The amendment of the gentleman from amendment is clearly out of order. Louisiana [Mr. He´bert]? MR. ESCH: Mr. Chairman, I was on THE CHAIRMAN: No. my feet, and as soon as the Clerk read ‘‘higher education’’ I said, ‘‘Mr. Chair- Unanimous Consent To Offer man.’’ Amendment Mr. Chairman, I sincerely object to the fact that I am not given recogni- § 11.13 An amendment to a tion. I was on my feet, having recognized the experience of the previous paragraph of an appropria- Member. tion bill which has been As soon as the Clerk read ‘‘higher passed during the reading of education,’’ I said ‘‘Mr. Chairman’’ the bill may be offered only twice. THE CHAIRMAN: (2) The Chair would by unanimous consent. like to protect the gentleman in his On Apr. 14, 1970,(1) during consideration in the Committee of the 21118–22, 92d Cong. 2d Sess., June 15, 1972 (proceedings relating to 1. 116 CONG. REC. 11648, 91st Cong. 2d H.R. 15417). Sess. See also 118 CONG REC. 2. Chet Holifield (Calif.).

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rights. If the gentleman did address line occurring earlier in the the Chair, the Chair did not hear the paragraph. gentleman at that point. The gen- ( ) tleman may make a unanimous-con- On July 23, 1970, 3 during consent request that his amendment be sideration in the Committee of the considered although the Clerk had Whole of the Departments of passed it at the time he was recognized Labor and Health, Education, and by the Chair, and, if there is no objec- Welfare appropriation bill (H.R. tion, the amendment can be considered 18515) the following proceedings under those circumstances. Does the took place: gentleman make such a request? MR. ESCH: Mr. Chairman, I ask MR. [GEORGE H.] MAHON [of Texas]: unanimous consent that my amend- Mr. Chairman, I have an amendment at the desk. ment be considered. THE CHAIRMAN: (4) The Clerk will re- THE CHAIRMAN: Is there objection to port the amendment. the request of the gentleman from MR. [CHARLES R.] JONAS [of North Michigan? Carolina]: Mr. Chairman, a parliamen- MR. FLOOD: Mr. Chairman, I must tary inquiry. protect the bill. I am pained, but I THE CHAIRMAN: The gentleman will must object. state it. THE CHAIRMAN: The Chair is con- MR. JONAS: May I respectfully re- strained to uphold the point of order of mind the Chair that I was recognized, the gentleman from Pennsylvania. The and that the Chair allowed a point of Chair wants to be fair, but the gentle- order to intervene only, and I had been men in the Chamber that wish to offer recognized. The Chair ruled that since their amendments must be on their a point of order had been made, the feet. Chair would dispose of the point of order first. THE CHAIRMAN: The Chair respect- Amendment Affecting Previous fully states that the point of order did Line in Paragraph intervene following the gentleman’s recognition. The Chair intends to rec- § 11.14 The pending paragraph ognize members of the committee in of an appropriation bill the order of their seniority. The Chair, being read under the five- therefore, recognized the gentleman from Texas. The Chair will later recog- minute rule is open to nize the gentleman from North Caro- amendment at any point; lina. thus, a senior member of the MR. [ROBERT H.] MICHEL [of Illinois]: committee reporting the bill Mr. Chairman, a parliamentary in- may be recognized to offer quiry.

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THE CHAIRMAN: The gentleman will Whole of a general appropriation state it. bill (H.R 18515), a point of order MR. MICHEL: Did the Clerk read was raised against the following through the section concluding with line 3, page 39? amendment, and proceedings en- THE CHAIRMAN: It is the under- sued as indicated below: standing of the Chair that he did. Amendment offered by Mr. [Robert MR. JONAS: Mr. Chairman, a further H.] Michel [of Illinois]: on page 38, line parliamentary inquiry. 1, insert the following: THE CHAIRMAN: The gentleman will state it. OFFICE OF ECONOMIC OPPORTUNITY MR. JONAS: I respectfully ask the ECONOMIC OPPORTUNITY PROGRAM Chair to rule that my amendment does For expenses necessary to carry precede the amendment that will be of- out the provisions of the Economic fered by the gentleman from Texas. My Opportunity Act of 1964 (Public Law amendment goes to line 5, page 38, 88–452, approved August 20, 1964), and my information is that the amend- as amended, $2,046,200,000, plus re- ment to be offered by the gentleman imbursements: Provided, That this from Texas comes at a later point in appropriation shall be available for the paragraph. transfers to the economic opportunity loan fund for loans under title THE CHAIRMAN: A whole paragraph III, and amounts so transferred shall is open to amendment at the same remain available until expended: time. Therefore, the line does not de- Provided further, That this appro- termine the order of the amendment. priation shall be available for the purchase and hire of passenger motor vehicles, and for construction, Language Previously Stricken alteration, and repair of buildings and other facilities, as authorized by § 11.15 A point of order having section 602 of the Economic Oppor- been sustained against an tunity Act of 1964: Provided further, That this appropriation shall not be entire paragraph in an ap- available for contracts under titles I, propriation bill, it is in order II, V, VI, and VIII extending for to offer an amendment at more than twenty-four months. . . . that point in the bill to insert MR. [DURWARD G.] HALL [of Mis- a new paragraph containing souri]: Mr. Chairman, I make a point of order against the amendment. the stricken language except- THE CHAIRMAN: (6) The gentleman ing those provisions which will state the point of order. were held in violation of the MR. HALL: Mr. Chairman, the point rules. of order against the amendment is that all of the language to which the (5) On July 23, 1970, during con- amendment addresses itself on page 38 sideration in the Committee of the of the bill, H.R. 18515, has been stricken. 5. 116 CONG. REC. 25634, 25635, 91st Cong. 2d Sess. 6. Chet Holifield (Calif.).

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Mr. Chairman, there is no way that The Clerk read as follows: we can amend something that is not Amendment offered by Mr. Hyde: before the House. On page 22, line 20, strike out THE CHAIRMAN: The gentleman from ‘‘$1,124,365’’ and insert in lieu there- Illinois (Mr. Michel) has offered a sepa- of ‘‘$1,393,665.’’ rate amendment to insert a new para- On page 22, line 20, strike out graph, and the amendment is in order. ‘‘$135,406’’ and insert in lieu thereof The gentleman from Illinois (Mr. ‘‘$404,706.’’ Michel) is recognized for 5 minutes in support of his amendment. MR. [EARL] WILSON of Indiana: Mr. Chairman, I make a point of order Changing Figures in Bill against the amendment on the ground that it is legislation upon an appro- § 11.16 To a bill making appropriation bill. There is no authority of law for the District of Columbia to priations for the District of enter into a new activity of this kind, Columbia that were to be and a new business venture. Therefore, chargeable against revenues the subcommittee saw fit to eliminate of the District for the ensu- that from the bill, and I make a point ing fiscal year, an amend- of order against it. (8) ment increasing the amount THE CHAIRMAN: Permit the Chair to make this statement. The amend- of the appropriation for cer- ment, which is before the Committee tain items included in the and which the Chair now has before bill was held to be in order. him, simply increases the amount of money in the bill. Does the gentleman On June 14, 1954,(7) during con- from Indiana make a point of order sideration in the Committee of the against increasing the amount of Whole of the District of Columbia money in the bill? appropriations bill (H.R. 9517), MR. WILSON of Indiana: Mr. Chair- which made appropriations for the man, I was under the impression that government of the District of Co- it was for the purpose of starting the lumbia and other activities District of Columbia in the parking chargeable in whole or in part business. If I may reserve my point of against the revenues of said Dis- order until the gentleman explains trict for the fiscal year ending what the purpose of his amendment is, June 30, 1955, a point of order of course I will be in a better position to speak against it. . . . was raised against an amend- Mr. Chairman, I still insist on the ment, and proceedings ensued as point of order on the ground that the indicated below: appropriation is not authorized by law. MR. [DEWITT S.] HYDE [of Maryland]: THE CHAIRMAN: The Chair is of the Mr. Chairman, I offer an amendment. opinion that if the money is unauthorized it is ineffective. The Chair is also 7. 100 CONG. REC. 8191, 8192, 83d Cong. 2d Sess. 8. J. Harry McGregor (Ohio).

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of the opinion that the money can be (The amendment was adopted.) used only for the items included in the MR. [JAMES] DOMENGEAUX [of Lou- bill and as authorized by law. isiana]: Mr. Chairman, I offer the fol- The Chair, therefore, overrules the lowing amendment, which I send to point of order. the desk. The Clerk read as follows: Parliamentarian’s Note: If a Page 7, line 5, strike out ceiling had been specified on total ‘‘$144,973,700’’ and insert in lieu authorized expenditures, an thereof ‘‘$145,933,700.’’

amendment which had the effect MR. [JOHN] TABER [of New York]: of exceeding that total would not Mr. Chairman, I make the point of have been permitted. The order against the amendment on the amounts added to the appropria- ground that there has been a change already in this figure and another tion here did not cause a specific change cannot be considered. authorized total to be exceeded, THE CHAIRMAN: (10) The gentleman is and the Chair took the view that correct. The figure cannot now be the increase in the appropriation amended. would apply only to items in- § 11.18 Where a figure in an cluded in the bill and already au- appropriation bill has been thorized. agreed to (and hence cannot § 11.17 Where the House has be altered by an amendment adopted an amendment proposing a further change changing a figure in an ap- in amount), an amendment propriation bill, it is not in inserted following the figure order to further amend such agreed upon and providing figure. funds ‘‘in addition thereto’’ is in order if authorized. On Mar. 11, 1942,(9) the Com- ( ) mittee of the Whole was consid- On June 5, 1959, 11 the Com- ering H.R. 6736. The following mittee of the Whole was consid- proceedings took place: ering H.R. 7509, a bill making appropriations for the civil functions MR. [JOHN J.] COCHRAN [of Mis- administered by the Department souri]: Mr. Chairman, I offer an of the Army. The Clerk read as amendment. follows, and proceedings ensued The Clerk read as follows: as indicated below: Amendment offered by Mr. Coch- ran: On page 7, line 5, after the Amendment offered by Mr. (Fred) word ‘‘law’’, strike out ‘‘$144,973,700’’ Wampler [of Indiana]: On page 21, line and insert ‘‘$128,273,700.’’ 10. Alfred L. Bulwinkle (N.C.). 9. 88 CONG. REC. 2270, 2272, 77th 11. 105 CONG. REC. 10057, 86th Cong. Cong. 2d Sess. 1st Sess.

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7, after the amount shown add the fol- ering H.R. 13111, a Departments lowing: ‘‘And in addition $52,000 for of Labor and Health, Education, the following projects: Sugar Creek, West Terre Haute, Clinton, and and Welfare appropriation bill. Conover Levee.’’ The proceedings were as follows: MR. [JOHN] TABER [of New York]: The Clerk read as follows: Mr. Chairman, a point of order. (12) Amendment offered by Mr. [Robert THE CHAIRMAN: The gentleman H.] Michel [of Illinois]: On page 25 will state it. strike out line 9 and all that follows MR. TABER: Mr. Chairman, I make on page 25 and insert in lieu thereof the point of order that the language the following: has been once amended. ‘‘For carrying out titles II, III, V, VII, and section 807 of the Elemen- THE CHAIRMAN: The gentleman from tary and Secondary Education Act of New York must have misunderstood 1965, as amended, section 402 of the the reading of the amendment, because Elementary and Secondary Edu- it follows the amount and does not cation Admendments of 1967, and alter the amount. title III-A and V-A of the National The gentleman from Indiana is rec- Defense Education Act of 1958, ognized for 5 minutes in support of his $254,163,000. . . . ’’ amendment. MR. [JAMES G.] O’HARA [of Michi- gan]: Mr. Chairman, I make a point of Amendment in Nature of Sub- order against the amendment stitute THE CHAIRMAN: (14) The gentleman will state his point of order § 11.19 Where an appropria- MR. O’HARA: Mr. Chairman, I make tion bill is being read by a point of order against the amendment on the ground that the para- paragraphs, a subsitute for graph which it amends has not yet several paragraphs of the bill been read. . . . may be offered to the first Mr. Chairman, when the amendment paragraph modified by the was offered, the Clerk had finished amendment only if notice is reading the paragraph which begins on given that, if the amendment line 9, page 25, and concludes on line 24, page 25. is agreed to, motions will be At that point amendments to that made subsequently to strike paragraph were in order. But the out the remaining para- amendment of the gentleman from Illi- graphs affected thereby. nois does not change so much as a comma in that paragraph; it repeats it (13) On July 29, 1969, the Com- absolutely verbatim. It is not an mittee of the Whole was consid- amendment to that paragraph. It is only in subsequent paragraphs that 12. Hale Boggs (La.). any amendment is made. 13. 115 CONG. REC. 21217, 21218, 91st Cong. 1st Sess. 14. Chet Holifield (Calif.).

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I would make the point of order, Mr. change whatsoever in the paragraph Chairman, that the gentleman from Il- just read; absolutely no change. linois will have to wait until that para- If the Chair is going to hold that one graph is read before he can offer an can offer an amendment at any place amendment to it. one wants in the bill in order to get a THE CHAIRMAN: The Chair will hear provision that comes a page later, or the gentleman from Illinois on the two pages later, or 10 pages later—and point of order. that is what he has done; he has of- MR. MICHEL: Mr. Chairman, I sub- fered an amendment here that changes mit that really all I am doing is adding nothing but gets at something on the to the first paragraph; therefore, it is next page—and if we are going to say very much in order. that the precedents of this House say THE CHAIRMAN: The Chair has con- one can offer an amendment any place sidered the arguments both for and and repeat some language until it gets against the point of order. The Chair to the thing he wants to amend, we are sees no inconsistency in the gentle- heading for legislative chaos, Mr. man’s amendment repeating the para- Chairman. graph on page 26 which the Clerk had I believe this is a very serious prob- not yet read. It is a different para- lem, and I most earnestly ask the graph, but the Chair feels that the fol- Chair to carefully consider his ruling, lowing paragraph can be consolidated because otherwise it might be possible with an amendment to the total para- to offer an amendment to repeat the graph. . . . language for the next 25 pages until it gets to the things one seeks to change. MR. O’HARA: Mr. Chairman, under the rules of the House, when a bill is I believe it is terribly important that this amendment be considered out of to be read by paragraph and a Member order, Mr. Chairman. . . . wishes to amend a paragraph that has been read and several succeeding para- THE CHAIRMAN: The Chair is pre- graphs he is permitted to offer an pared to rule. The Chair is presented amendment at the time the first of with a most difficult ruling at this those paragraphs is read that he wants time. He has resorted to a precedent in ‘‘Hinds’ Precedent,’’ volume V, page to amend and then at the same time 404, paragraph 5795, which reads as give notice that if his amendment, follows: which goes beyond the first paragraph and into several others, is adopted he When it is proposed to offer a sin- will move to strike the succeeding gle substitute for several paragraphs of a bill which is being considered by paragraphs. paragraphs, the substitute may be In the first place, the gentleman moved to the first paragraph with from Illinois gave no such notice, but notice that if it be agreed to, motions let us not dwell on that. Let us dwell will be made to strike out the re- on the danger of upholding the amend- maining paragraphs. ment he is offering. The Chair notes that the gentleman The gentleman from Illinois, I am from Illinois did not give such notice. sure, will agree that he makes no The amendment goes beyond the para-

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graph which has been read and in ef- The Clerk read as follows: fect modifies a paragraph which has Amendment offered by Mr. Hatha- not yet been read. way: On page 19, strike out lines 6 The Chairman, therefore, sustains through 13 and substitute in lieu the point of order. thereof: . . . The amendment in the form in which it is offered is not in order. The amendment was agreed to.(17) § 11.20 Where an amendment Subsequently,(18) the following in the nature of a substitute proceedings occurred: for several paragraphs of an MR. HATHAWAY: Mr. Chairman, I appropriation bill has been move to strike the paragraph begin- agreed to and notice has ning on line 16, page 20, and extending been given that motions down through line 8 on page 21. would be made to strike out THE CHAIRMAN: (19) Without objec- ensuing paragraphs of the tion, the motion is agreed to. bill as read, the paragraphs MR. [ALBERT H.] QUIE [of Min- nesota]: Mr. Chairman reserving the are subject to perfecting right to object, I would like to make a amendments while such mo- parliamentary inquiry. tions to strike are pending. . . . I have an amendment at the On June 15, 1972, during con- desk which would, on page 21, line 1, sideration of the Departments of strike out the words after ‘‘1974’’ down Labor and Health, Education, and through the word ‘‘Act’’ on line 3. Is it possible to offer that amendment now (15) Welfare appropriation bill Mr. that the Hathaway amendment has William D. Hathaway, of Maine, been adopted? offered an amendment in the na- THE CHAIRMAN: It is possible. (16) ture of a substitute, as follows: MR. QUIE: Mr. Chairman, I offer that MR. HATHAWAY: Mr. Chairman, I amendment. have an amendment to the paragraph The Clerk read as follows: of the bill just read which is a single Amendment offered by Mr. Quie: substitute for several paragraphs of On page 21, line 1, strike out all the bill dealing with the Office of Edu- that follows after ‘‘1974’’ through the cation, and I hereby give notice that if word ‘‘Act’’ on line 3. the amendment is agreed to I will make motions to strike out the remain- THE CHAIRMAN: The Chair was of ing paragraphs beginning with line 14 the impression that the amendment of- on page 19 and extending through and fered by the gentleman from Maine including line 17 on page 21. had been agreed to, striking out the

15. H.R. 15417. 17. Id. at p. 21118. 16. 118 CONG. REC. 21106, 92d Cong. 2d 18. Id. at p. 21119. Sess. 19. Chet Holifield (Calif.).

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paragraph to which the amendment is MR. [DANIEL J.] FLOOD [of Pennsyl- offered. . . . vania]: Mr. Chairman, my point of MR. QUIE: In my copy of the Hatha- order is that the committee has just way amendment it was not stricken agreed to this. out. If that is correct, the Hathaway THE CHAIRMAN: The committee has amendment would put a period after agreed to what? ‘‘1974’’ on line 1 and strike out the MR. FLOOD: The position taken by rest. It was my understanding the my friend, the gentleman from Min- Hathaway amendment put a period nesota (Mr. Quie). I have here, for in- after the word ‘‘Act’’ on line 3 and stance, that we voted not to exceed $18 struck out the proviso, which is the million for research and training, rest of line 3 down through line 8. under part C of said 1963 act. Now I It then appeared that the had the clear impression, I am sorry to say, that the committee just agreed to Chairman had not heard Mr. this. . . . Quie’s reservation of objection. THE CHAIRMAN: The Chair will state The following exchange occurred: that the first amendment offered by Mr. Hathaway on page 19, was to the THE CHAIRMAN: The Chair would have to rule that the gentleman rose paragraph beginning on line 7 and too late. The motion had been offered that amendment was a substitute by Mr. Hathaway, and there was no amendment, and was agreed to. objection and it was acceded to. Now we still have to read each one of the paragraphs of the bill duplicated MR. QUIE: Mr. Chairman, the Chair asked if there was any objection, and I or modified by the Hathaway amend- reserved the right to object, which I ment, and a perfecting amendment to am still reserving, and on that I asked those paragraphs is in order even my parliamentary inquiry. though a motion to strike out is first offered. THE CHAIRMAN: The Chair must state that the Chair did not hear the MR. O’HARA: Mr. Chairman, a point gentleman say he was reserving the of order. right to object on the Hathaway mo- THE CHAIRMAN: The gentleman will tion. . . . state his point of order. The Chair will recognize the gen- MR. O’HARA: Mr. Chairman, my tleman on the basis of his statement point of order is if a motion to strike which the Chair did not hear. has been made, is it not then out of order to try to amend the paragraph The Clerk will report the amend- that the motion to strike applies to? ment offered by the gentleman from Minnesota. THE CHAIRMAN: The Chair would have to rule that a perfecting amend- Further objection was made to ment is in order although a motion to the Quie amendment, however: (20) strike is pending. Therefore the Chair rules that the amendment offered by 20. 118 CONG. REC. 21119, 21120, 92d the gentleman from Minnesota (Mr. Cong. 2d Sess. Quie) is in order on the basis that it is

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a perfecting amendment to the para- Recommittal of Bill With In- graph to which the motion to strike is structions pending. § 11.22 A motion that the Com- Separate Votes in House on mittee of the Whole rise and Amendments report a bill back to the House with the recommenda- § 11.21 Separate votes have tion that the enacting clause been demanded on amend- be stricken and that the bill ments adopted in the Com- be recommitted to the Com- mittee of the Whole. mittee on Appropriations On Apr. 4, 1957,(1) H.R. 6287, with instructions was held the Departments of Labor and not to be in order in the Health, Education, and Welfare Committee of the Whole. appropriation bill was being con- On Apr. 3, 1957,(3) the Com- sidered in the House after amend- mittee of the Whole was consid- ments had been adopted in the ering H.R. 6287, the Departments Committee of the Whole. Speaker of Labor and Health, Education, Sam Rayburn, of Texas, stated: (2) and Welfare appropriation bill. The unfinished business is the fur- The Clerk read a motion as fol- ther consideration of the bill H.R. lows, and proceedings ensued as 6287, which the Clerk will report by indicated below. title. Mr. Hoffman moves that the Com- [The Clerk read the title of the bill.] mittee do now rise, report the bill back Separate votes having been de- to the House with the recommendation manded on all amendments adopted in that the enacting clause be stricken the Committee of the Whole, the Clerk and that the bill be recommitted to the will report the first amendment on Committee on Appropriations with instructions that it be reported back to which a separate vote was demanded. the House within 5 days with amendments which will indicate the places 1. 103 CONG. REC. 5162, 85th Cong. 1st and amounts in the budget where the Sess. committee believes, in view of the 2. Note: The Committee on Appropria- statements made in the Committee of tions furnished printed forms con- the Whole House on the State of the taining all 18 amendments to the bill Union, that substantial reductions may adopted in the Committee of the best be made and will meet the views Whole, with further pertinent infor- of the House with the least curtailment mation. Fourteen rollcalls occurred in one day with respect to such 3. 103 CONG. REC. 5013, 85th Cong. 1st amendments. Sess.

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of efficient administration by the De- considered under the general partments affected. rules of the House (see 4 Hinds’ MR. [JOHN E.] FOGARTY [of Rhode Is- Precedents §§ 4761, 4762; 8 Can- land]: Mr. Chairman, I reserve a point non’s Precedents § 2329), it is not of order on the motion. . . . in order in the form presented THE CHAIRMAN: (4) Does the gentleman from Rhode Island care to be above (where inconsistent motions heard on the point of order? The Chair are joined) nor is it in order when is ready to rule. a bill is being considered under a MR. FOGARTY: Mr. Chairman, as I special rule (see 96 CONG. REC. remember the reading of the motion, 12219, 81st Cong. 2d Sess., Aug. there is a matter of wording contained 10, 1950). therein that is not permissible under the rules governing procedure in the § 11.23 On occasion a general Committee of the Whole, but would be appropriation bill has been allowed under the rules of procedure in the House. recommitted with instruc- THE CHAIRMAN: Does the gentleman tions to report back forth- from Michigan desire to be heard? with with an amendment; the MR. [CLARE E.] HOFFMAN [of Michi- bill has then been so re- gan]: Yes, Mr. Chairman. I want to ported, the amendment point out that there is a precedent for agreed to, the bill again or- the motion and the rules cite a precedent where that motion has been held dered engrossed and read a to be proper in the Committee third time, and the bill THE CHAIRMAN: The Chair is not fa- passed, in that order. miliar with that precedent, but the On June 8, 1945,(5) during con- rules of the House provide that certain sideration in the House of H.R. language contained in the motion made by the gentleman from Michigan 3368, a war agencies appropria- could be entertained in the Committee tion bill, the following proceedings of the Whole, but the balance of the occurred: motion would only be appropriate in THE SPEAKER: (6) The question is on the House. For that reason, the Chair the engrossment and third reading of sustains the point of order the bill. Parliamentarian’s Note: While The bill was ordered to be engrossed the motion that the Committee and read a third time, and was read the third time. rise and report the bill back to the House with the recommendation 5. 91 CONG. REC. 5832, 5833, 79th that the bill be recommitted may Cong. 1st Sess. See also 97 CONG. be in order when the bill is being REC. 6533, 6534, 82d Cong. 1st Sess., June 13, 1951. 4. Aime J. Forand (R.I.). 6. Sam Rayburn (Tex.).

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MR. [JOHN] TABER [of New York]: The Clerk read as follows: Mr. Speaker, I offer a motion to recom- [Amendment reducing the Office of mit. War Information by $17,000,000, to THE SPEAKER: Is the gentleman op- apply to the estimates for activities posed to the bill? in Europe and the United States.] R ABER M . T : I am, Mr. Speaker. MR. CANNON of Missouri: Mr. Speak- THE SPEAKER: The Clerk will report er, I move the previous question. the motion to recommit. The previous question was ordered. The Clerk read as follows: THE SPEAKER: The question is on Mr. Taber moves to recommit the agreeing to the amendment. bill to the Committee on Appropria- The amendment was agreed to. tions with instructions to report the THE SPEAKER: The question is on the same back forthwith with an amendment reducing the Office of War In- engrossment and third reading of the formation by $17,000,000, to apply to bill. the estimates for activities in Europe The bill was ordered to be engrossed and the United States. and read a third time, and was read the third time. MR. [CLARENCE] CANNON of Mis- souri: Mr. Speaker, I move the pre- THE SPEAKER: The question is on the vious question on the motion to recom- passage of the bill. mit MR. CANNON of Missouri: Mr. Speak- The previous question was ordered. er, I demand the yeas and nays. THE SPEAKER: The question is on the The yeas and nays were ordered. motion to recommit. The question was taken; and there The question was taken; and the were—yeas 252, nays 2, not voting Chair being in doubt, the House di- 178. . . . vided, and there were—ayes 120, noes So the bill was passed. 108. MR. CANNON of Missouri: Mr. Speak- § 11.24 A deficiency appropria- er, I demand the yeas and nays. tion bill has been recommit- The yeas and nays were ordered. ted with instructions to re- The question was taken; and there port back forthwith with an were—yeas 133, nays 128, not voting amendment. 166. . . . (7) MR. CANNON of Missouri: Mr. Speak- On Apr. 1, 1948, the Com- er, pursuant to the instructions of the mittee of the Whole was consid- House, I now report back to the House ering H.R. 6055. The Clerk read the bill H.R. 3368, the war agencies as follows, and proceedings en- appropriation bill, with the amendment incorporated in the motion to re- sued as indicated below: commit, and with the recommendation MR. [CLARENCE] CANNON [of Mis- that the amendment be agreed to and souri) moves to recommit the bill to the bill as amended do pass. THE SPEAKER: The Clerk will report 7. 94 CONG. REC. 3994, 3995, 80th the amendment. Cong. 2d Sess.

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the Committee on Appropriations with amendment reducing the instructions to report the bill back total appropriation to a fig- forthwith with an amendment as fol- ure not to exceed 95 percent lows: On page 10, line 7, strike out of the budget estimates. ‘‘$300,000,000’’ and insert in lieu there- On July 18, 1967,(9) during con- of ‘‘$400,000,000.’’ sideration in the House of H.R. MR. [JOHN] TABER [of New York]: 11456, a Department of Transpor- Mr. Speaker, I move the previous ques- tation appropriation bill, the fol- tion on the motion to recommit. lowing proceedings occurred: The previous question was ordered. MR. CANNON: Mr. Speaker, I ask for The Clerk read as follows: the yeas and nays. Mr. [Melvin R.] Laird [of Wisconsin] The yeas and nays were ordered. moves to recommit the bill to the Com- The question was taken; and there mittee on Appropriations with instruc- were—yeas 199, nays 154, not voting tions to that committee to report it 78. . . . back forthwith with the following amendment: On page 18, immediately MR. TABER: Mr. Speaker, in accord- following line 15, insert a new section ance with the instructions of the as follows: House, I report the bill back with an amendment which is at the desk. ‘‘Sec. 702. Money appropriated in (8) this Act shall be available for ex- THE SPEAKER: The Clerk will read penditure in the fiscal year ending the amendment. June 30, 1968, only to the extent The Clerk read as follows: that expenditure thereof shall not result in total aggregate net expendi- Page 10, line 7, strike out tures of all agencies provided for ‘‘$300,000,000’’ and insert in lieu herein beyond 95 per centum of the thereof ‘‘$400,000,000.’’ total aggregate net expenditures es- timated therefor in the budget for THE SPEAKER: The question is on the 1968 (H. Doc 15).’’ amendment. The amendment was agreed to. THE SPEAKER: (10) Without objection, the previous question is ordered on the Reduction of Total Appropria- motion to recommit tion There was no objection. THE SPEAKER: The question is on the § 11.25 The House has agreed motion to recommit. MR. GERALD R. FORD [of Michigan]: to a motion to recommit an Mr. Speaker, on that I demand the appropriation bill with in- yeas and nays. structions to the Committee The yeas and nays were ordered. on Appropriations to report back forthwith with an 9. 113 CONG. REC. 19273-75, 90th Cong. 1st Sess. 8. Joseph W. Martin, Jr. (Mass.). 10. John W. McCormack (Mass.).

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The question was taken; and there On May 15, 1939,(11) the House were—yeas 213, nays 188, not voting was considering H.R 6260, a War 30. . . . Department civil functions appro- So the motion to recommit was agreed to. . . . priation bill. The Clerk read as MR. [EDWARD P.] BOLAND [of Massa- follows, and proceedings ensued chusetts]: Mr. Speaker, pursuant to as indicated below: the instructions of the House, in the MR. [D. LANE] POWERS [of New Jer- motion to recommit, I report back the sey] moves to recommit the bill to the bill H.R. 11456 with an amendment. Committee on Appropriations with in- THE SPEAKER: The Clerk will report structions to report the same back the amendment. forthwith with amendments reducing The Clerk read as follows: the total amount of the bill On page 18, immediately following $50,000,000 line 15, insert a new section as fol- MR. [ROSS A.] COLLINS [of Mis- lows: sissippi]: Mr. Speaker, I make the ‘‘Sec. 702. Money appropriated in point of order that the motion to re- this Act shall be available for ex- commit undertakes to do indirectly penditure in the fiscal year ending June 30, 1968, only to the extent what cannot be done directly. that expenditure thereof shall not re- The amount carried in this bill, with sult in total aggregate net expendi- these amendments, totals tures of all agencies provided for $305,000,000. Part of it is for the Pan- herein beyond 95 percent of the total ama Canal, part for cemeterial ex- aggregate net expenditures esti- mated therefor in the budget for pense, part for the Signal Corps and 1968 (H. Doc 15).’’ Alaskan Communications Commission, part for rivers and harbors, part for THE SPEAKER: The question is on the flood control, and part for the United amendment. States Soldiers’ Home. Of the amount The amendment was agreed to. of $305,000,000, $277,000,000 is for rivers and harbors and flood control, § 11.26 A motion to recommit leaving only $28,000,000 for all of an appropriation bill with in- these other governmental activities. A structions to the committee reduction of $50,000,000 would take to reduce the amount of the away a large part of the money carried appropriation by $50 million in the two amendments voted in the House last Wednesday. A motion to re- is in order; but the com- commit to do this cannot be done. This mittee, if the motion is motion to recommit attempts to do in- adopted, may not report the directly what cannot be done directly. bill back to the House with It proposes a second vote on the same an amendment proposing a propositions that were voted on last change in the amendments 11. 84 CONG. REC. 5535, 5536, 76th adopted by the House. Cong. 1st Sess.

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Wednesday, therefore is subject to a which sought a prohibition point of order. on the use of funds in a sup- THE SPEAKER: (12) The Chair may state, in connection with the point of plemental appropriation bill order made by the gentleman from (providing funds for the De- Mississippi, that the Chair under- partment of Agriculture) to stands the purpose of the motion to recommit, one motion to recommit al- finance the export of agricul- ways being in order after the third tural commodities to the reading, is to give to those Members United Arab Republic. opposed to the bill an opportunity to (13) have an expression of opinion by the On Jan. 26, 1965, the House House upon their proposition. It is true was considering House Joint Reso- that under the precedents it is not in lution 234. The Clerk read a mo- order by way of a motion to recommit tion to recommit and proceedings to propose an amendment to an amendment previously adopted by the ensued as indicated below: House, but the motion now pending MR. [ROBERT H.] MICHEL [of Illinois] does not specifically propose to instruct moves to recommit House Joint Reso- the Committee on Appropriations to do lution 234 to the Committee on Appro- that. The Chair is inclined to the opin- priations with instructions to report ion that the motion to recommit in the the same back to the House forthwith form here presented is not subject to a with the following amendment: On point of order. page 2, line 13, strike the period at the The Chair overrules the point of end of the sentence and insert the fol- order. . . . lowing: ‘‘: Provided, That no part of MR. [DEWEY] SHORT [of Missouri]: this appropriation shall be used during Mr. Speaker, the motion is simply to the fiscal year 1965 to finance the ex- reduce the bill $50,000,000. port of any agricultural commodity to THE SPEAKER: The Chair under- the United Arab Republic under the stands the rule to be that the House provisions of title I of such Act.’’ can adopt a motion to recommit with instructions to reduce the amount of The previous question was ordered. ( ) the appropriation by $50,000,000, but THE SPEAKER: 14 The question is on the committee, if this motion should be the motion to recommit. adopted, could not report the bill back MR. MICHEL: Mr. Speaker, on that I to the House with an amendment pro- ask for the yeas and nays. posing a change in the amendments The yeas and nays were ordered. adopted by the House. The question was taken; and there were—yeas 204, nays 177, not voting Prohibition on Use of Appro- 53. . . . priations So the motion to recommit was agreed to. . . . § 11.27 The House has agreed to a recommittal motion 13. 111 CONG. REC. 1194, 1195, 89th Cong. 1st Sess. 12. William B. Bankhead (Ala.). 14. John W. McCormack (Mass.).

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The result of the vote was an- MR. [PAUL] FINDLEY [of Illinois] nounced as above recorded. moves that the bill be recommitted to the Committee on Appropriations MR. [GEORGE H.] MAHON [of Texas]: with instructions to report it back Mr. Speaker, pursuant to the instruc- forthwith with the following amend- tions of the House, I report back to the ment: On page 36, on line 6 strike House, House Joint Resolution 234, the period, insert a colon and the fol- with an amendment. lowing: THE SPEAKER: The Clerk will report ‘‘Provided, That no funds appropriated by this Act shall be used to the amendment. . . . formulate or administer programs The question is on the amendment. for the sale of agricultural commod- The amendment was agreed to. ities pursuant to title I or IV of Pub- THE SPEAKER: The question is on the lic Law 480, Eighty-third Congress, as amended, to any nation which engrossment and third reading of the sells or furnishes or which permits joint resolution. ships or aircraft under its registry to The joint resolution was ordered to transport to North Vietnam any be engrossed and read a third time, equipment, materials, or commod- and was read the third time. ities, so long as North Vietnam is governed by a Communist regime.’’ THE SPEAKER: The question is on the passage of the joint resolution. The previous question was ordered. ( ) The joint resolution was passed. THE SPEAKER: 16 The question is on the motion to recommit. A motion to reconsider was laid on MR. FINDLEY: Mr. Speaker, on this the table. vote I demand the yeas and nays. The yeas and nays were ordered. § 11.28 The House adopted an The question was taken; and there amendment, reported pursu- were—yeas 290, nays, 98, not voting ant to a recommittal motion, 44. . . . to prohibit the use of appro- So the motion to recommit was agreed to. . . . priations in the bill to ad- MR. [JAMIE L.] WHITTEN [of Mis- minister any program for the sissippi]: Mr. Speaker, pursuant to the sale of agricultural commod- instructions of the House in the motion to recommit, I report back the bill H.R. ities to nations that sell sup- 14596 with an amendment. plies to North Vietnam. THE SPEAKER: The Clerk will report On Apr. 26, 1966,(15) during con- the amendment. . . . The question is on the amendment. sideration in the House of H.R. The amendment was agreed to. 14596, a Department of Agri- THE SPEAKER: The question is on the culture appropriation bill, the fol- engrossment and third reading of the lowing proceedings occurred: bill. The bill was ordered to be engrossed The Clerk read as follows: and read a third time, and was read the third time. 15. 112 CONG. REC. 8972, 8973, 89th Cong. 2d Sess. 16. John W. McCormack (Mass.).

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THE SPEAKER: The question is on the agreed to was, by unanimous con- passage of the bill. sent, laid on the table. Mr. Whitten: Mr. Speaker, on that I demand the yeas and nays. § 12. Points of Order; Timeli- The yeas and nays were ordered. ness The question was taken; and there Parliamentarian’s Note: The were—yeas 366, nays 23, not voting Committee of the Whole has no 43. authority to delete by points of order portions of a bill referred to Enrollment of Appropriation it by the House absent reservation Bills of that authority in the House at the time the bill is first referred to § 11.29 Set out below is the the Calendar of the Committee of form of a concurrent resolu- the Whole House on the state of tion providing that in the en- the Union (the Union Calendar). rollment of general appro- Absent reserved authority to de- priation bills enacted during lete provisions in violation of the remainder of a session clauses 2 and 6 of Rule XXI, the the Clerk of the House may Committee of the Whole can merely recommend amendments correct chapter, title, and to be acted upon by the House to section numbers. change general appropriation bills On July 4, 1952,(17) Mr. George committed thereto.

H. Mahon, of Texas, by unani- f mous consent, submitted the following concurrent resolution (H. Reservation of Points of Order Con. Res. 239]: § 12.1 Points of order are ordi- Resolved by the House of Representa- narily reserved against gen- tives (the Senate concurring), That in the enrollment of general appropria- eral appropriation bills prior tion bills enacted during the remainder to referral of the bills to the of the second session of the Eighty-sec- Committee of the Whole, i.e., ond Congress the Clerk of the House when placed upon the Union may correct chapter, title, and section Calendar, and may be re- numbers. served thereafter only by The concurrent resolution was unanimous consent. considered and agreed to. A mo- On Feb. 26, 1940,(18) the fol- tion to reconsider the vote where- lowing proceedings took place: by the concurrent resolution was 18. 86 CONG. REC. 1991, 76th Cong. 3d 17. H. JOUR. 746, 82d Cong. 2d Sess. Sess.

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MR. [CLIFTON A.] WOODRUM of Vir- Calendar, it is then too late ab- ginia: Mr. Speaker, I move that the sent unanimous consent. House resolve itself into the Com- mittee of the Whole House on the § 12.2 The committee chairman State of the Union for the consider- obtained unanimous consent ation of the bill (H.R 8341) making appropriations to supply deficiencies in that the committee have certain appropriations for the fiscal until midnight to file a re- year ending June 30, 1940, to provide port on an appropriation bill, supplemental appropriations for such and a Member thereafter ob- fiscal year, and for other purposes; and tained unanimous consent to pending that motion, I ask unanimous consent that general debate shall con- reserve all points of order on tinue for 21⁄2 hours, to be confined to the bill. the bill and the time to be equally di- On Nov. 26, 1945,(20) the fol- vided between myself and the gentleman from New York [Mr. Taber]. lowing unanimous-consent request THE SPEAKER: (19) Is there objection was made: to the request of the gentleman from MR. [CLARENCE] CANNON [of Mis- Virginia (Mr. Woodrum)? souri]: Mr. Speaker, I ask unanimous MR. [JOHN] TABER [of New York]: consent that the Committee on Appro- Mr. Speaker, reserving the right to ob- priations may have until midnight to- ject, has this bill been reported? night to file a report on the first defi- MR. WOODRUM of Virginia: Yes; it ciency appropriation bill. has been reported. THE SPEAKER: (1) Is there objection to MR. TABER: Mr. Speaker, I desire to the request of the gentleman from Mis- reserve all points of order against the souri? bill. There was no objection. . . . THE SPEAKER: Without objection, the MR. [EARL C.] MICHENER [of Michi- gentleman from New York reserves all gan]: Mr. Speaker, a parliamentary in- points of order against the bill. quiry. There was no objection. THE SPEAKER: The gentleman will state it. Parliamentarian’s Note: Unani- MR. MICHENER: I have been on the mous consent was requested since floor all morning, but I have been ad- the bill had been referred to the vised that earlier in the day unani- Committee of the Whole by the mous consent was given to the chair- Speaker when reported. That is man of the Committee on Appropria- tions to have until midnight to file a the proper time to reserve points report on the deficiency appropriation of order in the House against a bill. I did not hear that request. general appropriation bill. Once the bill is referred to the Union 20. 91 CONG. REC. 10984, 10993, 79th Cong. 1st Sess. 19. William B. Bankhead (Ala.). 1. Sam Rayburn (Tex.).

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THE SPEAKER: The request was made sential to the national interest of the and the consent was granted. United States. MR. MICHENER: The gentleman from MR. [GEORGE H.] MAHON [of Texas]: New York [Mr. Taber], the ranking Mr. Chairman, I move to strike the member of the Committee on Appro- last word. priations, was in the committee room, MR. [CLEMENT J.] ZABLOCKI [of Wis- as I am advised, at the time. Had he consin]: Mr. Chairman, I was on my been present and known about it, he feet to make a point of order as to sec- would have asked permission to re- tion 117 that was just read. serve all points of order on the bill. THE CHAIRMAN: (3) The gentleman I now ask unanimous consent to re- from Wisconsin has a point of order on serve all points of order on the bill. section 117? THE SPEAKER: Is there objection to MR. ZABLOCKI: That is correct, Mr. the request of the gentleman from Chairman. Michigan? THE CHAIRMAN: The Chair will hear There was no objection. the gentleman from Wisconsin on his point of order. Precedence Over Pro Forma MR. ZABLOCKI: Mr. Chairman, I will Amendment gladly defer to the gentleman from Texas (Mr. Mahon) if I do not lose my § 12.3 A point of order against opportunity to make my point of order a paragraph in a general ap- in so doing. propriation bill takes prece- THE CHAIRMAN: The Chair will state dence over any amendment that the point of order takes prece- (including a pro forma dence. amendment) to that para- Priority in Recognition graph. On June 4, 1970,(2) during con- § 12.4 Members of the com- sideration in the Committee of the mittee reporting a bill have Whole of the foreign assistance priority of recognition in appropriation bill (H.R. 17867) the making points of order following proceedings took place: against proposed amend- Sec. 117. None of the funds appro- ments to bills. priated or made available in this Act On Mar. 30, 1949,(4) the Com- for carrying out the Foreign Assistance mittee on the Whole was consid- Act of 1961, as amended, shall be available for assistance to the United ering H.R. 3838, an Interior De- Arab Republic, unless the President partment appropriation bill. The determines that such availability is es- 3. Hale Boggs (La.). 2. 116 CONG. REC. 18406, 91st Cong. 2d 4. 95 CONG. REC. 3520, 81st Cong. 1st Sess. Sess.

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Clerk read as follows, and pro- ering H.R. 17867, a foreign assist- ceedings ensued as indicated ance appropriation bill. A Member below: stated as follows, and proceedings Amendment offered by Mr. [Francis ensued as indicated below: H.] Case of South Dakota: On page 47, MR. [DONALD M.] FRASER [of Min- line 7, strike out the period, insert a nesota]: Mr. Chairman, I move to colon and the following: ‘‘Provided fur- strike the requisite number of words. ther, That no part of these funds shall be used to build, operate, or administer Mr. Chairman, when the Clerk reads transmission lines to carry power de- the next section, I propose to raise a veloped at Fort Randall Dam across point of order against both clauses (a) the boundaries of the State of South and (b), and I rise at this time to in- Dakota in which the power is pro- quire if I can make the point of order duced, unless the power so produced against both clauses and have it con- shall exceed the requests for power in sidered at the same time. that State.’’ THE CHAIRMAN: (7) The Chair will MR. [HENRY M.] JACKSON [of Wash- state to the gentleman from Minnesota ington]: Mr. Chairman, a point of that that can be done only by unani- order. mous consent. MR. [CARL T.] CURTIS [of Nebraska]: Is there objection to the request of Mr. Chairman, a point of order. the gentleman from Minnesota? THE CHAIRMAN: (5) The Chair recog- MR. [OTTO E.] PASSMAN [of Lou- nizes the gentleman from Washington, a member of the committee, to state a isiana]: Mr. Chairman, I object. point of order. Assertion That Bill Is Not Point of Order Against Two ‘‘General’’ Appropriation Bill. Paragraphs § 12.6 In response to a point of § 12.5 Because a general ap- order based on Rule XXI propriation bill is read for clause 2, it was asserted that amendment by paragraphs, a the bill under consideration point of order against two was not a ‘‘general’’ appro- consecutive paragraphs com- priation bill and therefore prising a section in the bill not subject to the rule; but can be made only by unani- the Chair ruled that such as- mous consent. sertion should have been On June 4, 1970,(6) the Com- made when the bill was first mittee of the Whole was consid- taken up as a privileged general appropriation bill and 5. Jere Cooper (Tenn.). was not timely made after 6. 116 CONG. REC. 18405, 91st Cong. 2d Sess. 7. J. Caleb Boggs (Del.).

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the stage of amendment was bill. . . . For any expenditure not previously authorized by law. . . . reached. Nor shall any provision in any such On June 21, 1939,(8) the Com- bill or amendment thereto changing existing law be in order— mittee of the Whole was considering an appropriations bill.(9) A And so forth. The limitations apply only to recognized general appropria- point of order was raised against tion bills. In Cannon’s Procedure, the following amendment: which I have in my hand, on page 20, Amendment offered by Mr. [Ross A.] this point is specifically treated, and Collins [of Mississippi]: Page 10, line on page 20 the statement is flatly 11, after the word ‘‘thereof’’, insert made: ‘‘Provided further, That of the amounts The rule applies to general appro- herein appropriated and authorized to priation bills only. be obligated for the procurement of THE CHAIRMAN: (10) The Chair is 2,290 airplanes, obligations shall not ready to rule. The argument just made, be incurred for the procurement of if containing merit, should have been more than 1,007 airplanes unless and made earlier, when the bill was taken until the President shall determine up. It has been reported as a general that the interests of national defense appropriation bill and so considered, require the procurement of any portion and was reported under the rules as a or all of the number in excess of general appropriation bill. 1,007.’’ A point of order having been Point of Order That Para- raised, the following exchange graph Has Been Passed took place: § 12.7 A point of order that a MR. [FRANCIS H.] CASE of [South Da- paragraph has been passed kota]: Mr. Chairman, there are two and is therefore not subject points on which this is in order. In the first place, it proposes retrenchment; to amendment will not lie and, if so, comes under the Holman where a Member was on his Rule. In the second place, the bill be- feet seeking recognition to fore us is not a general appropriation offer an amendment, while bill. The rule under which the point of the Clerk continued to read. order is made is rule XXI, section 2, (11) and that rule specifically says: On Apr. 3, 1957, The Com- No appropriation shall be reported mittee of the Whole was consid- in any general appropriation ering H.R. 6287, the Departments of Labor and Health, Education, 8. 84 CONG. REC. 7673, 76th Cong. 1st Sess. 10. Schuyler Otis Bland (Va.). 9. H.R. 6791, supplemental military es- 11. 103 CONG. REC. 5034–36, 85th Cong. tablishment appropriation of 1940. 1st Sess.

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and Welfare appropriation bill. MR. [JOHN] TABER [of New York]: The following proceedings took Mr. CHAIRMAN, I make a point of order place: against the amendment on the ground that it is not in order at this point in THE CHAIRMAN: (12) For what purpose the bill, the Clerk having read down to does the gentleman from North Caro- line 2 on page 33; and, furthermore, lina rise? that it is not authorized by law. MR. [HAROLD D.] COOLEY [of North MR. COOLEY: May I be heard on the Carolina]: Mr. Chairman, I offer an point of order, Mr. Chairman? amendment which is at the Clerk’s THE CHAIRMAN: The Chair will hear desk. the gentleman. THE CHAIRMAN: The Clerk will report the amendment. MR. COOLEY: Do I understand the gentleman to base his point of order MR. [HAMER H.] BUDGE [of Idaho]: Mr. Chairman. upon the ground that this amount was not authorized by law? THE CHAIRMAN: For what purpose does the gentleman from Idaho rise? MR. TABER: Upon the ground that MR. BUDGE: Mr. Chairman, I have the amendment is not in order at the an amendment. point where the Clerk had finished THE CHAIRMAN: The gentleman from reading. North Carolina has just been recog- THE CHAIRMAN: The Chair is ready nized to offer an amendment. to rule on that point. The gentleman The Clerk read as follows: from North Carolina was on his feet while the Clerk was reading. The Amendment offered by Mr. Cooley: On page 32, after line 21, insert the Clerk continued to read before the gen- following paragraph: ‘‘Grants to tleman had a chance to offer his States for training public-welfare amendment. personnel: For grants to States for The gentleman was entitled to rec- increasing the number of adequately trained public-welfare personnel ognition. available for work in the The Chair overrules the point of publicassistance programs as author- order. ized by section 705 of the Social Se- curity Act, as amended, $2,500,000.’’ After Reading of Paragraph MR. [ALBERT P.] MORANO [of Con- necticut]: Mr. Chairman, I make a § 12.8 The time for making point of order. I believe that section points or order against items was passed, but I will reserve the point in an appropriation bill is of order. MR. COOLEY: It was not passed. My after the House has resolved amendment was at the Clerk’s desk, itself into the Committee of but the Clerk was reading so rapidly the Whole and after the para- that he passed that section inadvert- graph containing such items ently. . . . has been read for amend- 12. Aime J. Forand (R.I.). ment.

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On July 5, 1945,(13) the fol- after the paragraph has been lowing proceedings took place in read but before debate starts the House: thereon. (Note: The Chair,

MR. [CLARENCE] CANNON [of Mis- however, will not permit the souri]: Mr. Speaker, I move that the reading of an amendment to House resolve itself into the Com- preclude a point of order mittee of the Whole House on the made by a Member who has State of the Union for the consider- shown due diligence and ation of the bill (H.R. 3649), making appropriations for war agencies for the who sought recognition at fiscal year ending June 30, 1946, and the proper time.) for other purposes; and pending that On May 24, 1960,(15) during con- motion, Mr. Speaker, I ask unanimous consent to dispense with general de- sideration in the Committee of the bate in the Committee of the Whole. Whole of a general appropriation MR. [VITO] MARCANTONIO [of New bill, the following proceedings oc- York]: Mr. Speaker, a parliamentary curred: inquiry. The Clerk read as follows: THE SPEAKER: (14) The gentleman will state it. CONSTRUCTION, GENERAL MR. MARCANTONIO: Mr. Speaker, if, For the prosecution of river and as in this case, the bill contains many harbor, flood control, shore protec- items that are subject to a point of tion, and related projects authorized order, is it not in order to make a point by law. . . . of order against sending this bill to the MR. [FRED] WAMPLER [of Indiana]: Committee of the Whole? Mr. Chairman, I offer an amendment. THE SPEAKER: Under the rules of the The Clerk read as follows: House, it is not. Amendment offered by Mr. Wam- MR. MARCANTONIO: Then the proce- pler: On page 4, line 16, strike the dure to make the point of order is to amount ‘‘$662,622,300’’ and insert in make it as the bill is being read for lieu thereof the amount amendment? ‘‘$662,807,300’’. THE SPEAKER: As the paragraphs in MR. [H. R.] GROSS [of Iowa]: Mr. the bill are reached. Chairman, a parliamentary inquiry. (16) § 12.9 The proper time to raise THE CHAIRMAN: The gentleman will state it. a point of order against lan- MR. GROSS: I have a point of order guage in a paragraph of a against the language to be found on general appropriation bill is this page. Will the discussion of this

13. 91 CONG. REC. 7226, 79th Cong. 1st 15. 106 CONG. REC. 10979, 10980, 86th Sess. Cong. 2d Sess. 14. Sam Rayburn (Tex.). 16. Hale Boggs (La.).

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amendment abrogate my right to make The Clerk will read. a point of order? THE CHAIRMAN: The gentleman is § 12.11 A point of order against correct, it would. If the gentleman has language in a paragraph of a point of order, it would have to be an appropriation bill comes urged at this point. too late after the paragraph MR. GROSS: The gentleman is trying to obtain recognition from the Chair to has been read and an amend- make a point of order. ment thereto has been THE CHAIRMAN: The Chair recog- agreed to. nizes the gentleman to make the point (19) of order. On June 13, 1961, the Com- mittee of the Whole was consid- § 12.10 A point of order against ering H.R. 7577, a bill making ap- language in a paragraph of propriations for the executive of- an appropriation bill comes fice and the Department of Com- too late after the paragraph merce. The Clerk read as follows, has been read and amend- and proceedings ensued as indi- ments thereto have been con- cated below: sidered. For necessary expenses, not other- On May 25, 1959,(17) during con- wise provided for, of the Small Busi- sideration in the Committee of the ness Administration, including hire of passenger motor vehicles, Whole of a general appropriation $6,750,000. . . . bill (H.R. 7176) the following pro- MR. [WRIGHT] PATMAN [of Texas]: ceedings took place: Mr. Chairman, I offer an amendment.

MR. [CHARLES A.] VANIK [of Ohio]: The Clerk read as follows: Mr. Chairman, I make a point of order. Amendment offered by Mr. Pat- THE CHAIRMAN: (18) The gentleman man: On page 28, lines 11 and 12, will state it. after ‘‘exceed’’, strike out ‘‘$17,524,000’’ and insert MR. VANIK: I make a point of order ‘‘$18,447,000’’. to the language on page 9, lines 5 and 6 ‘‘from the Baltic countries.’’ MR. [GEORGE W.] ANDREWS [of Ala- THE CHAIRMAN: The Chair must ad- bama]: Mr. Chairman, the committee vise the gentleman that the point of accepts the amendment. order comes too late. That section has THE CHAIRMAN: (20) The question is been read and amendments to the sec- on the amendment offered by the gen- tion have been considered. The point of tleman from Texas. order is overruled. The amendment was agreed to.

17. 105 CONG. REC. 9013, 86th Cong. 1st 19. 107 CONG. REC. 10177, 10178, 87th Sess. Cong. 1st Sess. 18. Carl Albert (Okla.). 20. Carl Albert (Okla.).

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The Clerk read as follows: . . . On June 26, 1972,(1) during con- For necessary expenses of the Sub- sideration in the Committee of the versive Activities Control Board, in- Whole of a general appropriation cluding services as authorized by bill (H.R. 15586) the following section 15 of the Act of August 2, 1946 (5 U.S.C. 55a) . . . $305,000. proceedings took place: THE CHAIRMAN: (2) The Clerk will MR. [H. R.] GROSS [of Iowa]: Mr. read. Chairman, a parliamentary inquiry. The Clerk proceeded to read the bill. THE CHAIRMAN: The gentleman will MR. [JOSEPH L.] EVINS of Tennessee: state it. Mr. Chairman, I ask unanimous con- MR. GROSS: Is a point of order to the sent that the remainder of the bill be language on page 29 in order? considered as read in full and open to THE CHAIRMAN: If it is to language amendment at any point. preceding line 5 on page 29 it is not in THE CHAIRMAN: Is there objection to order. the request of the gentleman from Ten- nessee? MR. GROSS: It does precede line 5 on MR. [ROBERT H.] MICHEL [of Illinois]: page 29. The Clerk did not read the Mr. Chairman, reserving the right to language on page 29, lines 1 to 5. object, would that foreclose the making THE CHAIRMAN: The Clerk has read of a point of order against a point that and an amendment has been adopted has not been reached in the bill? to the paragraph starting on page 28, A point of order can still be made? line 8 and ending on page 29, line 5. THE CHAIRMAN: Yes. MR. GROSS. Then a point of order to MR. [H. R.] GROSS [of Iowa]: Mr. the language on page 29, line 5, is not Chairman, a further parliamentary inquiry. in order? Mr. Chairman, is it not necessary THE CHAIRMAN: The Chair will ad- that the point of order be made now? vise the gentleman it comes too late at Having dispensed with the reading this time. of the bill, the point of order has to be made now? Bill Considered as Read THE CHAIRMAN: If the unanimous- consent request of the gentleman from § 12.12 Where the remainder of Tennessee is approved, the gentleman from Iowa is correct, the point of order a general appropriation bill should be made at that time. has been considered as read and open to amendment at Points of Order Against any point by unanimous con- Amendments sent, points of order against § 12.13 Points of order against any provision in that portion proposed amendments must of the bill must be made

prior to debate or amend- 1. 118 CONG. REC. 22428, 92d Cong. 2d ment to the remainder of the Sess. bill. 2. Wayne N. Aspinall (Colo.). 5152

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be made immediately after THE CHAIRMAN: The point of order the amendment is read; after comes too late. a Member has been granted MR. [JOHN] TABER [of New York): The regular order, Mr Chairman. 15 minutes to address the THE CHAIRMAN: The point of order Committee of the Whole on comes too late. The gentleman has his amendment, it is too late been recognized and has been granted to make a point of order permission to proceed for 15 minutes. against it. The gentleman from Missouri is recognized. On Apr. 17, 1943,(3) the Com- mittee of the Whole was consid- Appropriations in Legislative ering H.R. 2481, an Agriculture Bills Department appropriation bill. The Clerk read as follows, and § 12.14 While Rule XXI clause 4 proceedings ensued as indicated (now clause 5) provides that below: points of order against appropriations in legislative Amendment offered by Mr. [Clar- ence] Cannon of Missouri: On page 65, bills may be raised at any line 6, after the colon, insert: ‘‘Provided time, the practice of the further, That no part of said appropria- House is that such points of tion or any other appropriation carried order should be raised when in this bill shall be used for incentive the bill is read for amend- payments or subsidies or for any expense for or incident to the payment of ment. incentive payments or any other form On Mar. 18, 1946,(5) the Com- of subsidy payments.’’ mittee of the Whole was consid- MR. CANNON of Missouri: Mr. Chair- ering H.R. 5407, a bill granting man, I ask unanimous consent to speak for 15 minutes. certain powers to the Federal THE CHAIRMAN: (4) Is there objection Works Administration. The fol- to the request of the gentleman from lowing proceedings took place: Missouri? Accordingly the House resolved itself There was no objection. into the Committee of the Whole THE CHAIRMAN: The gentleman is House on the State of the Union for recognized for 15 minutes. the consideration of the bill H.R. 5407, MR. [USHER L.] BURDICK (of North with Mr. [Fadjo] Cravens [of Arkansas] Dakota): Mr. Chairman, I reserve a in the chair. point of order on the amendment. MR. [FRANCIS H.] CASE of South Da- kota: Mr. Chairman, I desire to make 3. 89 CONG. REC. 3510, 78th Cong. 1st Sess. 5. 92 CONG. REC. 2365, 79th Cong. 2d 4. William M. Whittington (Miss.). Sess.

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a point of order against portions of the THE CHAIRMAN: The Chair is in- bill in paragraphs (a), (b), and what formed that under the previous prac- was originally (c), proposed now to be tice of the House, such points of order made (b) by a committee amendment, should be raised when the bill is read on the ground that they constitute ap- for amendment. propriations. Under the rule forbidding MR. CASE of South Dakota: I have no the reporting of appropriations by a objection to presenting them later, but committee without jurisdiction, I make I do not want to lose my right to a point of order against the consider- present them by failure to raise them ation of the language on page 2, begin- at this time. ning in line 4, reading: THE CHAIRMAN: The gentleman will And the unobligated balances of not lose any of his rights. appropriations heretofore made for the construction of projects outside § 12.15 Points of order against the District of Columbia. appropriations in legislative Also on page 2, beginning in line 23, bills may be raised at any the last sentence of that paragraph time, even though debate has which reads: taken place on the merits of Funds for this purpose are hereby the proposition. made available from the unobligated balances of appropriations heretofore On June 17, 1937,(6) the Com- made for the construction of build- mittee of the Whole was consid- ings outside the District of Colum- bia. ering H.R. 7472, a District of Co- lumbia tax bill. The Clerk read as Under the rule, a point of order would lie against consideration of those follows, and proceedings ensued portions of the bill, and I make such a as indicated below: point of order at this time. The Commissioners of the District of MR. [FRITZ G.] LANHAM [of Texas]: Columbia are hereby authorized and Mr. Chairman, the appropriations re- empowered, in their discretion, to fix, ferred to by the gentleman from South prescribe, and collect fees for the park- Dakota (Mr. Case) have already been ing of automobiles. . . . made, and this money has been appro- The Commissioners of the District of priated. Columbia are further authorized and THE CHAIRMAN: The Chair believes empowered, in their discretion, to pur- that the proper time to raise such chase, rent, and install such mechan- points of order is not at the present ical parking meters or devices as the time, but when the bill is read under Commissioners may deem necessary or the 5-minute rule for amendment. MR. CASE of South Dakota: Of 6. 81 CONG. REC. 5915–18, 75h Cong. course, I know that is frequently done, 1st Sess. See also 99 CONG. REC. but I think the rule authorizes the 10398, 83d Cong. 1st Sess., July 29, point of order to be made at any time 1953 (proceedings relating to H.R. during consideration of the bill. . . . 6016).

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advisable to insure the collection of be raised at any time’’; and in such fees. . . . response to an inquiry the MR. [THOMAS] O’MALLEY [of Wis- Chair advised a Member that consin]: I make the point of order that this section appropriates money out of if the offending. Language fees to be collected, and therefore it is was not stricken by amend- appropriation on a legislative bill. Line ment it could still be reached 24 provides that the purchase price of by a point of order. these machines shall be paid from the ( ) fees collected and the remainder of the On May 18, 1966, 8 during con- fee shall be paid into the Treasury. sideration in the Committee of the MR. [JACK] NICHOLS [of Oklahoma]: Whole of an amendment to H.R. Mr. Chairman, I make the point of 14544, the Participation Sales Act order that the point of order comes too late. The section has been debated and of 1966, proceedings occurred as amendments have been offered, and an follows: amendment to strike out the section Committee amendment: On page 3, has been offered. line 3 strike out ‘‘Notwithstanding any MR. O’MALLEY: I was attempting to other provision of law,’’ and insert: get recognition from the very begin- ‘‘Subject to the limitations provided in ning. paragraph (4) of this subsection.’’ THE CHAIRMAN: (7) The Chair is The committee amendment was ready to rule. The last sentence of sec- agreed to Mr. [CHARLES R.] JONAS [of tion 4, rule 21, provides as follows: North Carolina]: Mr. Chairman, a par- A question of order on an appro- liamentary inquiry. priation in any such bill, joint resolu- (9) tion, or amendment thereto may be THE CHAIRMAN: The gentleman raised at any time. will state the parliamentary inquiry. MR. JONAS: Mr. Chairman, I have a It is the opinion of the Chair that point of order against the language to the point of order is properly raised at be amended by the committee amend- this time and that this is purely an ap- ment. I would not insist on the point of propriation, and, therefore, that lan- order if I knew the committee amend- guage, as indicated in the gentleman’s ment would be adopted. point of order, is ruled out of order. Should the committee amendment be The Chair sustains the point of rejected, I inquire of the Chair if I then order. might be able to lodge my point of § 12.16 A point of order under order against the language stricken by the amendment. Rule XXI clause 4 (now THE CHAIRMAN: The Chair will state clause 5) against an appro- to the gentleman from North Carolina priation in a bill reported by a legislative committee) ‘‘may 8. 112 CONG. REC. 10894, 89th Cong. 2d Sess. 7. James M. Mead (N.Y.). 9. Eugene J. Keogh (N.Y.).

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that the Chair will undertake to pro- now rise, and so, Mr. Chairman, I tect the gentleman’s right to raise make that motion. points of order under clause 4 of rule THE CHAIRMAN: (11) The Chair is pre- XXI at any time during the consider- pared to rule on the point of order, but ation of this section of the bill whether the motion offered by the gentleman the committee amendments are adopt- from North Carolina that the Com- ed or rejected. mittee do now rise is in order, and the Chair will put the question. § 12.17 A point of order having The question is on the motion offered been raised in the Committee by the gentleman from North Carolina. of the Whole against a bill re- The motion was agreed to. ported by a legislative com- Accordingly the Committee rose; and mittee, on the ground that it the Speaker having resumed the chair, proposed an appropriation Mr. Hays of Arkansas, Chairman of contrary to Rule XXI clause 4 the Committee of the Whole House on the State of the Union, reported that (now clause 5), the Com- that Committee, having had under con- mittee rose pending decision sideration the bill (H.R. 6974) to ex- by the Chair on the point of tend the Agricultural Trade Develop- order. ment and Assistance Act of 1954, and for other purposes, had come to no res- On June 4, 1957,(10) the Committee olution thereon. of the Whole was considering H.R. 6974, a bill to extend the Agricultural Parliamentarian’s Note: In this Development and Assistance Act of case the language of the bill was 1954. The following proceedings took in fact in violation of Rule XXI place: clause 4 (now clause 5), and the MR. [JOHN J.] ROONEY [of New York]: Mr. Chairman, I rise to a point Member in charge of the bill of order against the entire bill, H.R. moved that the Committee rise so 6974, on the ground that it is a bill application could be made to the from a committee not having authority Committee on Rules for a resolu- to report an appropriation. . . . tion waiving points of order MR. [HAROLD D.] COOLEY [of North Carolina]: . . . I am a little bit appre- against the bill. See House Reso- hensive that the point of order may be lution 274. However, a point of sustained if the Chair is called upon to order under this rule applies only rule on it. But, I think it would be very to offensive language in the bill, unfortunate for us to delay final action and not against consideration of on the bill, and in the circumstances we have no other alternative other the entire bill (see 7 Cannon’s than to move that the Committee do Precedents § 2142; 121 CONG. REC. 12049, 94th Cong. 1st Sess., 10. 103 CONG. REC. 8318, 8319, 85th Cong. 1st Sess. 11. Brooks Hays (Ark.).

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Apr. 28, 1975). If the entire lan- State of the Union, stated that that guage of the bill were ruled out in Committee having had under consideration the bill (S. 1856) to provide for Committee of the Whole, the en- the development and modernization of acting clause would still exist and the national system of navigation and an amendment would still be in traffic-control facilities to serve present order if germane to the title of the and future needs of civil and military bill and not containing an appro- aviation, and for other purposes, pur- priation. suant to House Resolution 361, he reported the same back to the House. The Chairman also reported that the Point of Order Against Senate language in the bill on page 7, line 12, Bill reading as follows: ‘‘and unexpended balances of appropriations, allocations, § 12.18 Where language in vio- and other funds available or’’ was lation of Rule XXI clause 4 stricken out on a point of order.(14) (now clause 5) is stricken from a Senate bill in Com- mittee of the Whole by a § 13. House-Senate Rela- point of order, the Chairman tions reports that fact to the House. The general subject of relations between the House and Senate, On July 31, 1957,(12) the Com- and that of House-Senate con- mittee of the Whole was consid- ferences, are discussed in other ering S. 1865, a bill providing for chapters.(15) This section discusses development and modernization of a few issues that arise specifically the national system of navigation with respect to appropriations. and traffic control facilities. At Under the Constitution, it is ex- one point, proceedings were as fol- clusively the prerogative of the lows:

THE CHAIRMAN: (13) The time of the 14. Parliamentarian’s Note: The result- gentleman from Michigan has expired. ing change in the Senate bill was All time has expired. treated as an amendment of the Sen- The Committee will rise. ate bill and so engrossed and mes- Accordingly the Committee rose; and saged to the Senate, though not the Speaker having resumed the chair, voted upon as a separate amend- Mr. Mahon, Chairman of the Com- ment. mittee of the Whole House on the 15. See Ch. 32, House-Senate Relations, infra; Ch. 33, House-Senate Con- 12. 103 CONG. REC. 13181, 13182, 85th ferences, infra. See also Ch. 13, Pow- Cong. 1st Sess. ers and Prerogatives of the House, 13. George H. Mahon (Tex.). supra.

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House to originate revenue bills. the House of Representatives and Article I, section 7, clause 1, pro- there has been no deviation from that vides that, practice since the establishment of the Constitution. All Bills for raising Revenue shall originate in the House of Representa- Following the view expressed by tives; but the Senate may propose or Mr. Cannon, the House has re- concur with Amendments as on other turned Senate-passed general ap- ( ) Bills. 16 propriation bills.(2) The scope of this prerogative is The Senate has not always ac- discussed in detail elsewhere.(17) cepted the view that the House (Because questions relating to the has the exclusive right to origi- prerogative of the House to originate appropriation measures.(3) nate revenue legislation involve Issues sometimes arise with re- interpretation of the Constitution spect to the implications of House rather than House rules, they are rules barring, in specified cir- decided by the House rather than cumstances, unauthorized appro- the Chair.) (18) priations and legislation on gen- The House has traditionally eral appropriation bills,(4) and ap- taken the view that this preroga- propriations on legislative bills.(5) tive encompasses the sole power to originate at least the general Points of order under the House appropriation bills. Mr. Clarence rule prohibiting appropriations on (6) Cannon, of Missouri, has ob- legislative bills have been suc- served: (19) cessfully directed against items of appropriation in Senate bills, for Under immemorial custom the gen- example,(7) but not against a Sen- eral appropriation bills, providing for a number of subjects (20) as distinguished ate amendment to an appropria- from special bills appropriating for sin- tion bill.(8) Procedural remedies gle, specific purposes,(1) originate in 2. See Ch. 13 § 20.3, supra. 16. See House Rules and Manual § 102 3. See Ch. 13 § 20.1, supra. (1981). 4. See Ch. 26, infra, for general discus- See also Constitution of the United sion of Rule XXI clause 2. States of America: Analysis and In- 5. See § 4, supra, for general discussion terpretation, S. Doc. No. 92–82, 92d of appropriations on legislative bills. Cong. 2d Sess. pp. 125, 126 (1972). 6. Rule XXI clause 5, House Rules and 17. See Ch. 13 § 13–20, supra. Manual § 846 (1981). 18. See Ch. 13 § 13, supra. 7. See § 13.16, infra. 19. Cannon’s Procedure (1959) p. 20. 8. See 7 Cannon’s Precedents § 1572. 20. 4 Hinds’ Precedents §§ 3566–68. Rule XXI clause 5 does apply to an 1. 8 Cannon’s Precedents § 2285. amendment in the House to a Senate

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against the inclusion of appropria- nor any amendment of the Senate pro- tions in Senate bills also include viding for an appropriation upon any possible points of order under sec- bill other than a general appropriation bill, shall be agreed to by the man- tion 401 of the Congressional agers on the part of the House unless Budget Act (if the Senate provi- specific authority to agree to such sion can be construed as new amendment shall be first given by the spending authority not subject to House by a separate vote on every amounts specified in advance in such amendment. appropriations acts where budget Under this rule, where a House authority has not been provided in legislative measure has been com- advance; section 401 is not appli- mitted to conference, and the con- cable where money has already ferees agree to a Senate amend- been appropriated and is in a re- ment appropriating funds, the volving fund). conference report thereon may be The House may also return Sen- ruled out.(11) In the 96th Con- ate bills which contain appropria- gress, a point of order that House tions to the Senate by asserting conferees had violated clause 2 of the constitutional prerogative of Rule XX by agreeing to a provi- the House to originate ‘‘revenue’’ sion in a Senate amendment to a measures, which, as noted above, House legislative bill, directing are construed to include at least the use of funds already appro- ‘‘general appropriation bills.’’ priated for a new purpose, was A rule of the House (9) provides: conceded, and the conference re- (12) No amendment of the Senate to a port was ruled out of order. But general appropriation bill which would a point of order against an appro- be in violation of the provisions of priation in a conference report on clause 2 of Rule XXI, if said amend- a legislative bill will only lie ( ) ment had originated in the House, 10 under the rule if that provision amendment to a House legislative was originally contained in a Sen- bill. See Procedure in the U.S. House ate amendment and if House con- of Representatives Ch. 25 § 3.29 (4th ferees were without specific au- ed.). thority to agree to that amend- 9. Rule XX clause 2, House Rules and Manual § 829 (1981). ized appropriations and legislation 10. Rule XXI clause 2, House Rules and on general appropriation bills, gen- Manual § 834 (1981), prohibits unau- erally, and Senate amendments that thorized appropriations and legisla- violate the rule, see Ch. 26, infra. tion on general appropriation bills. 11. See § 13.8, 13.9, infra. For further discussion of unauthor- 12. See § 13.9, infra.

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ment, and will not lie against a tion that the House instruct provision permitted by the House its managers of a conference to remain in its bill.(13) Moreover, committee not to agree to a since the rule applies only to Sen- Senate amendment to a War ate amendments which are sent to Department appropriation conference, it does not apply to bill. appropriations contained in Sen- On June 24, 1937,(16) during ( ) ate legislative bills. 14 consideration of the War Depart- Where an appropriation for a ment appropriation bill of 1938, certain purpose has been enacted the following proceedings took into law, a provision in a legisla- place: tive bill authorizing the use, with- MR. [J. BUELL] SNYDER of Pennsyl- out a subsequent appropriation, of vania: Mr. Speaker, I ask unanimous those funds for a new purpose consent to take from the Speaker’s constitutes an appropriation pro- table the bill H.R. 6692, with Senate hibited by clause 5 of Rule XXI, amendments thereto, disagree to the and if in a Senate amendment in- Senate amendments, and agree to the cluded in a conference report vio- conference asked by the Senate. THE SPEAKER: (17) Is there objection? lates clause 2 of Rule XX (prohib- . . . iting House conferees from agree- MR. [CLARENCE] CANNON of Mis- ing to such a provision absent au- souri: Mr. Speaker, by direction of the thority from the House).(15) Committee on Appropriations, I submit a motion, which I send to the desk. f The Clerk read as follows: Prerogatives of House and Sen- Mr. Cannon of Missouri moves that the managers on the part of the ate House at the conference on the disagreeing votes of the two Houses on § 13.1 A discussion took place the amendments of the Senate to the in the House with regard to the prerogatives of the 16. 81 CONG. REC. 6304–06, 75th Cong. 1st Sess. House in initiating the forms For further discussion of the pow- of general appropriation ers of the two Houses with respect to bills, during debate on a mo- revenue and appropriation measures, see Ch. 13, supra. See also Chs. 32 13. See § 13.12, infra. and 33, infra, for discussion of 14. See § 13.11, infra. House-Senate relations, conferences, 15. See Procedure in the U.S. House of and related matters. And see § 13.2, Representatives Ch. 25 § 3.30 and Ch. infra. 33 § 15.13. (4th ed.). 17. William B. Bankhead (Ala.).

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bill H.R. 6692, the Military Appro- member of the Senate, which was pub- priation Act, 1938, be instructed not lished as a Senate document and to agree to the Senate amendments which so conclusively confirmed the to such bill numbered 47 to 77, in- contention of the House that its right clusive, and 80, and not to agree to the amendment of the Senate to originate the general supply bills amending the title of such bill. and determine their form had not since been challenged until the receipt just MR. CANNON of Missouri: Mr. Speak- now of a message from the Senate in- er, the Constitution confers upon the forming the House that the Senate has House and the Senate respectively cer- assumed the right to combine the two tain exclusive prerogatives. Among War Department appropriation bills by those reserved to the House by the attaching the nonmilitary bill to the Constitution is the right to originate military bill as an amendment. . . . revenue bills, and from the beginning The motion offered proposes [that of the Government the House has as- House conferees be instructed] to de- serted and successfully maintained cline to agree to the amendment by that the right to originate revenue bills which the two bills have been merged also involves the right to initiate gen- or to any perfecting amendment which eral appropriation bills. That has been may have been made to the text of the the uniform practice, and in keeping nonmilitary bill. Under such instruc- with that doctrine the House has for- tion, House conferees will be at liberty to consider and agree in full on the mulated the general appropriation bills final text of the War Department ap- since the establishment of the Govern- propriation bill providing for military ment. Of course, the right to originate activities and the Senate may then general appropriation bills necessarily message over as a separate bill the includes the right to determine the nonmilitary bill, as amended by the form and the manner in which they Senate, and the House will appoint shall be presented, and from the begin- conferees to meet with Senate con- ning the number and scope of the var- ferees on the disagreeing votes of the ious annual supply bills have been de- two Houses on the bill as originated by termined by the House with the acqui- the House of Representatives. escence of the Senate. Only on one or two rare occasions has this right of the The motion was agreed to. House been questioned, and in each such instance the Senate has promptly § 13.2 The Senate receded from disavowed any intention of infringing its amendments which pro- on the constitutional prerogatives of posed to attach a non- the House and yielded without conten- military appropriation bill to tion. a military activities appro- The last instance was in the second priation bill and in so doing session of the Sixty-second Congress discussed the role of the Sen- and was the occasion for an exhaustive study of the subject by Hon. John ate in amending general ap- Sharp Williams, formerly minority propriation bills of the leader of the House and at the time a House. 5161

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On July 1, 1937,(18) the fol- After discussing the response of lowing proceedings took place in the House, and noting the exist- the Senate during consideration of ence of divergent views of the re- a conference report on H.R. 6692 spective prerogatives of the (appropriations for the military Houses relating to appropriation establishment): bills and their form, the Senator stated: MR. [ROYAL S.] COPELAND [of New York]: Mr. President, I am about to Of course, we do not concede . . . move the adoption of the report, but that the Constitution confers upon the before doing so I think an explanation House any such right to initiate gen- should be made to the Senate. I am eral appropriation bills. . . . sure that the matter which I shall Mr. President, I am instructed by present will be of interest to every Sen- the Committee on Appropriations to ator, because it has to do with the say that we challenge the contention rights of the Senate regarding appro- that it is the exclusive right of the priation bills. House to determine the form and num- During the 15 years of my member- ber of appropriation bills. ship in the Senate, and for a long time The Senator, however, noted the prior thereto, it has been the custom to embody all appropriations for the Mili- existence of special circumstances tary Establishment in one bill. This in the present case, and indicated year the House . . . undertook to . . . he would therefore move that the separate the appropriations and em- conference report be agreed to. body them in two bills, one devoted to The conference report was accord- the strictly military activities . . . and ingly agreed to. The following pro- a second to the nonmilitary activities of the Government. . . . ceedings then took place: The Senate Committee on Appro- MR. COPELAND: I now move that the priations decided to blend the bills and Senate agree to the amendments of the to present them to the Senate as they House to the amendments of the Sen- have been presented through many ate numbered 24, 26, and 79. years. Explanation was made to the The motion was agreed to. Senate, and the Senate, by unanimous MR. COPELAND: I now move that the vote, decided to accept and act upon Senate recede from its amendments the bill in the usual form. still in disagreement, and its amendment to the title of the bill. 18. CONG. REC. 6652–54, 75th Cong. 1st The motion was agreed to. Sess. For further discussion of the MR. [J. W.] ROBINSON [of Utah]: Mr. powers of the two Houses with re- President, I should like to ask the Sen- spect to revenue and appropriation ator from New York to tell the Senate measures, see Ch. 13, supra. See the status of the military appropria- also Chs. 32 and 33, infra, for discus- tions, and the status of the nonmilitary sion of House-Senate relations, con- appropriations. In what condition does ferences, and related matters. this action leave them?

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MR. COPELAND: Mr. President, title I ments to any bill under Rule of the Senate bill, which is the military XXIV clause 2, it is seldom exer- part, has now been agreed to by both Houses, and on my motion, just made, cised. we receded from the amendments which covered the nonmilitary appro- Conferees for Separate Chap- priations. ters of Bill I now wish to present to the Senate for immediate action House bill 7493, § 13.4 The Speaker has ap- as amended by the Senate committee pointed a series of conferees and by the Senate to cover the non- for separate chapters of an military item, so that the House will be in the position of having two bills, appropriation bill. as it desires. On July 27, 1955,(1) a Member MR. ROBINSON: In other words, that addressed Speaker Sam Rayburn, puts the Senate in the position of com- of Texas, as follows, and pro- pletely yielding to the House? ceedings ensued as indicated MR. COPELAND: Yes. below:

Reference of Bill to Committee MR. [CLARENCE] CANNON [of Mis- on Appropriations souri]: Mr. Speaker, I ask unanimous consent to take from the Speaker’s § 13.3 The Speaker announces table the bill (H.R. 7278) making sup- to the House that he has re- plemental appropriations for the fiscal ferred a general appropria- year ending June 30, 1956, and for other purposes, with Senate amend- tion bill with Senate amendments thereto, disagree to the Senate ments thereto to the Com- amendments, and agree to the con- mittee on Appropriations ference asked by the Senate. On July 2, 1945,(19) Speaker THE SPEAKER: Is there objection to the request of the gentleman from Mis- Sam Rayburn, of Texas, stated as souri? [After a pause.] The Chair hears follows: none and appoints the following con- THE SPEAKER: The Chair desires to ferees: Messrs. Cannon and Taber; and announce that he has referred the bill on chapter I, Messrs. Whitten, Mar- H.R. 3368, the war agencies bill, with shall, and H. Carl Anderson; on chap- Senate amendments thereto, to the ter II, Messrs. Preston, Thomas, and Committee on Appropriations. Bow; on chapter III, Messrs. Mahon, Sheppard, Sikes, Wigglesworth, Parliamentarian’s Note: While Scrivner, and Ford; on chapter IV, the Speaker has this discretionary Messrs. Passman, Gary, and authority to refer Senate amend- Wigglesworth.

19. 91 CONG. REC. 7142, 79th Cong. 1st 1. 101 CONG. REC. 11686, 84th Cong. Sess. 1st Sess.

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§ 13.5 In appointing conferees MR. CASE of South Dakota: Will the on the general appropriation chairman take a minute to explain how bill, 1951, the Speaker ap- the conferees will operate under this arrangement? pointed a set of conferees for Mr. Cannon: Mr. Speaker, I ask each chapter of the bill, and unanimous consent to address the four Members to sit in the House for 1 minute. conference on all chapters. THE SPEAKER: Is there objection to the request of the gentleman from Mis- On Aug. 7, 1950,(2) a Member souri? addressed Speaker Sam Rayburn, There was no objection. of Texas, and the following pro- MR. CANNON: Mr. Speaker, we ex- ceedings ensued: pect to go to conference tomorrow MR. [CLARENCE] CANNON [of Mis- morning at 10 o’clock. The bill will be souri]: Mr. Speaker, I ask unanimous taken up by chapters seriatim. As a consent to take from the Speaker’s chapter is reached the entire sub- desk the bill H.R. 7786, an act making committee which wrote that particular appropriations for the support of the chapter, and which therefore is more Government for the fiscal year ending familiar with it than anyone else on June 30, 1951, and for other purposes, the committee, along with the other with Senate amendments thereto, dis- managers on the part of the House, agree to the Senate amendments, and will take up the chapter with the Sen- ask for a conference with the Senate. ate conferees. THE SPEAKER: Is there objection to MR. CASE of South Dakota: This the request of the gentleman from Mis- means, then, that the four Members souri? [After a pause.] The Chair hears who were first named will sit through none and appoints the following con- the entire conference. ferees. MR. CANNON: They are the ranking Managers on the part of the House: members on the central subcommittee Messrs. Cannon, Rabaut, Norrell, which reported the bill to the House Taber, and on Chap. I, Messrs. Bates and will sit with the respective sub- of Kentucky, Yates, Furcolo, Stockman, committees throughout the conference. and Wilson of Indiana; on Chap. II, Messrs. McGrath, Kirwan, Andrews, MR. CASE of South Dakota: And the Canfield, and Scrivner; on Chap. III, Members who are assigned to a par- Messrs. Rooney, Flood, Preston, Ste- ticular chapter will receive notification fan, and Clevenger. . . . as their particular chapter is ap- MR. [FRANCIS H.] CASE of South Da- proached? kota: Mr. Speaker, a parliamentary in- MR. CANNON: When a chapter is quiry. taken up, the conferees on the next THE SPEAKER: The gentleman will succeeding chapter will be notified. We state it. hope to proceed with as little delay as possible, subject always to the ap- 2. 96 CONG. REC. 11894, 11895, 81st proval of the managers on the part of Cong. 2d Sess. the Senate.

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Agreement as to Selection of to a Senate amendment pro- Conference Chairman viding for an appropriation upon any other than a gen- § 13.6 An agreement was made eral appropriation bill with- between the House and the out first having secured spe- Senate Committees on Ap- cific authority from the propriations with respect to House to do so. selecting a conference chair- (4) man. On May 22, 1936, a Member addressed Speaker Joseph W. On July 19, 1962,(3) Mr. Clar- Byrns, of Tennessee, as follows, ence Cannon, of Missouri, stated as follows: and proceedings ensued as indicated below: Mr. Speaker, each branch of Con- gress in conference has group auton- MR. [JAMES M.] MEAD [of New York]: omy. The selection of the conference Mr. Speaker, I call up the conference chairman is procedural for orderly report on the bill (H.R. 9496) to protect functioning of the conference. Realizing the United States against loss in the this, the question of the selection of delivery through the mails of checks in the conference chairman for the payment of benefits provided for by present session of Congress shall be left to the decision of the two sub- laws administered by the Veterans’ Ad- committee chairmen. ministration, and I ask unanimous It is agreed by the joint committee consent that the statement may be on behalf of the full Committees on Ap- read in lieu of the report. propriations of the Senate and House The Clerk read the title of the bill. of Representatives that for this session MR. [JAMES P.] BUCHANAN [of only the subcommittee chairmen of Texas]: Mr. Speaker, I make a point of each body shall decide who shall act as order on the conference report that it chairman of the conference. It is further agreed that the chairmen of the includes an appropriation which is con- Senate and House Committees on Ap- trary to the rules of the House and the propriations appoint representatives of Senate. . . . each committee to serve as a joint com- THE SPEAKER: The gentleman from mittee to study all the issues involved New York [Mr. Mead], chairman of the and to report in January 1963 their Committee on the Post Office and Post recommendations. Roads, presents a conference report signed by the conferees on the part of Appropriations on Legislative the Senate and the House. The gen- Bills—Duty of Conferees tleman from Texas [Mr. Buchanan] makes the point of order that the con- § 13.7 Conferees of the House ference report is out of order because may not in conference agree the conferees on the part of the House

3. 108 CONG. REC. 14133, 14134, 87th 4. 80 CONG. REC. 7790–92, 74th Cong. Cong. 2d Sess. 2d Sess.

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in conference agreed to an amendment It is clear to the Chair that the man- of the Senate providing an appropria- agers on the part of the House in tion contrary to the rules of the House. agreeing in conference to Senate Senate amendment no. 1 contains amendment no. 1 violated the provi- the following language: sions of rule XX, inasmuch as the amendment provides an appropriation. The Secretary of the Treasury is authorized to advance, from time to The Chair therefore sustains the time, to the Postmaster General, point of order. from the appropriation contained in The Clerk will report the first the Supplemental Appropriation Act, amendment in disagreement. fiscal year 1936, approved February 11, 1936, for ‘‘administrative ex- MR. [BERTRAND H.] SNELL [of New penses, adjusted-compensation pay- York]: Mr. Speaker, a parliamentary ment act, 1936, Treasury Depart- inquiry. ment, 1936 and 1937’’, such sums as THE SPEAKER: The gentleman will are certified by the Postmaster Gen- state it. eral to be required for the expenses of the Post Office Department in con- MR. SNELL: Mr. Speaker, if the connection with the handling of the ference report is out of order, how can bonds issued hereunder. Such we consider it? bonds— THE SPEAKER: The amendments are This amendment also contains the before the House and must be disposed following language: of. MR. SNELL: I supposed that the The Secretary of the Treasury whole report went out. shall reimburse the Postmaster Gen- eral, from the aforesaid appropria- THE SPEAKER: The report goes out, tion contained in said supplemental but that leaves the amendments before appropriation act, for such postage the House, and some action must be and registry fees as may be required taken on them. It is for the House to in connection with such transmittal. say what action it will take. . . . Rule XX, clause 2, of the rules of the MR. [CARL E.] MAPES [of Michigan] House of Representatives, reads as fol- (interrupting the reading of the Senate lows: amendment): Mr. Speaker, a point of No amendment of the Senate to a order. general appropriation bill which THE SPEAKER: The gentleman will would be in violation of the provi- state it. sions of clause 2 of rule XXI, if said MR. MAPES: Mr. Speaker, amendment had originated in the supplementing what the gentleman House, nor any amendment of the Senate providing for an appropria- from New York [Mr. Snell] has said, an tion upon any bill other than a gen- attempt was made to get this bill be- eral appropriation bill, shall be fore the House by calling up the con- agreed to by the managers on the ference report and the conference re- part of the House unless specific au- port was held out of order. No further thority to agree to such amendment shall be first given by the House by action to get the bill before the House a separate vote on every such has been taken. There has been no re- amendment. quest to bring it up in any other way

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except through the conference report, For this reason it is necessary that the and the Speaker, very properly I think, House take some action upon the has ruled that the conference report is amendments at this time. out of order. THE SPEAKER: The conference report § 13.8 Where House conferees was called up by the gentleman from agreed to a Senate amend- New York [Mr. Mead]. The conference ment providing that ‘‘bene- report has been held to be out of order, which leaves the Senate amendments fits shall be paid from the before the House for consideration. The civil service retirement and House must take some action on them. disability fund’’, such an MR. MAPES: How do the amend- agreement constituted a vio- ments get before the House for consid- lation of Rule XX clause 2, eration? and was ruled out on a point THE SPEAKER: They are called up by the gentleman from New York [Mr. of order. Mead]. On Oct. 4, 1962,(5) a Member MR. MAPES: No attempt has been addressed Speaker pro tempore made by the gentleman from New York Carl Albert, of Oklahoma, and [Mr. Mead], as I understand, to call proceedings ensued as follows: them up. THE SPEAKER: The Chair, in answer MR. [THOMAS J.] MURRAY [of Ten- to the gentleman from Michigan, reads nessee]: Mr. Speaker, I call up the con- from section 3257 of Cannon’s Prece- ference report on the bill (H.R. 7927) to dents: adjust postal rates, and for other purposes, and ask unanimous consent that When a conference report is ruled the statement of the managers on the out of order the bill and amendments are again before the House as when part of the House be read in lieu of the first presented, and motions relating report. to amendments and conference are THE SPEAKER PRO TEMPORE: Is there again in order. objection to the request of the gentleman from Tennessee? The Chair thinks that completely an- MR. [H. R.] GROSS [of Iowa]: Mr. swers the gentleman from Michigan. Speaker, reserving the right to object MR. MAPES: That seems to cover the and I do so in order to make a par- matter. liamentary inquiry, I desire to make a MR. [FREDERICK R.] LEHLBACH [of point of order against considerations of New Jersey]: Mr. Speaker, a par- the conference report. . . . liamentary inquiry. Mr. Speaker, I desire to make a THE SPEAKER: The gentleman will point of order against consideration of state it. the conference report, and I ask to be MR. LEHLBACH: Are amendments put recognized at the proper time to make on a House bill by the Senate privi- that point of order. leged? THE SPEAKER: After the stage of dis- 5. 108 CONG. REC. 22332, 22333, 87th agreement has been reached they are. Cong. 2d Sess.

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THE SPEAKER PRO TEMPORE: When THE SPEAKER PRO TEMPORE: Does the Clerk reports the title of the bill, the gentleman from Tennessee [Mr. the gentleman may be recognized. Murray] desire to be heard on the The Clerk will report the title of the point of order? bill. MR. MURRAY: I do not, Mr. Speaker. The Clerk read the title of the bill. THE SPEAKER PRO TEMPORE: The THE SPEAKER PRO TEMPORE: The gentleman from Iowa [Mr. Gross] gentleman from Iowa makes a point of makes a point of order that the lan- order. The gentleman will state the guage contained on page 110, section point of order. 1104, line 12, ‘‘shall be paid from the MR. GROSS: Mr. Speaker, I make the civil service retirement and disability point of order against the conference fund’’ is in violation of clause 2, rule report on the ground that it violates XX. clause 2 of rule XX of the House rules. The Chair sustains the point of Clause 2, rule XX, reads in part as order. follows: Nor any amendment of the Senate § 13.9 A point of order that providing for an appropriation upon House conferees had violated any bill other than a general appropriation bill shall be agreed to by the clause 2, Rule XX by agreeing managers on the part of the House to a provision in a Senate unless specific authority to agree to such amendment shall first be given amendment to a House legis- by the House by a separate vote on lative bill, directing the use every such amendment. of funds already appro- Mr. Speaker, H.R. 7927 as passed priated for a new purpose, with the amendment of the Senate pro- was conceded and the con- vides in section 1104, page 110, the fol- ference report was ruled out lowing: of order. Sec. 1104. Notwithstanding any other provision of law the benefits On Nov. 29, 1979,(6) a con- made payable under the Civil Serv- ference report on H.R. 2676 (EPA ice Retirement Act by reason of the enactment of this part shall be paid research authorization for appro- from the civil service retirement and priations, fiscal year 1980) author- disability fund. izing appropriations for environ- The words ‘‘shall be paid from the civil service retirement and dis- mental research and development ability fund’’ constitute an appropria- was called up for consideration. tion within the meaning of clause 2 of rule XX. . . . Included in the conference report Inasmuch as the House, when it was a provision originally consent the bill to conference, did not tained in a Senate amendment, give specific authority to agree to such amendment I, therefore, submit directing that funds appropriated that it is not in order for such language to be included in the con- 6. 125 CONG. REC. 34113, 96th Cong. ference report. . . . 1st Sess.

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pursuant to the authorization be Provided, That of the funds appropriated pursuant to this paragraph obligated and expended on a cer- $900,000 shall be obligated and ex- tain project not specifically funded pended on the Cold Climate Re- by the appropriation law. search program through the Envi- ronmental Protection Agency’s Cor- The Chair, noting that the ap- vallis Environmental Research Lab- propriation bill for the activity oratory, Corvallis, Oregon. concerned had already been en- The 1980 Environmental Protection acted for the year in question, Agency budget request did not include ruled that the provision at that any funding for cold climate research. time constituted an appropriation The 1980 appropriation of EPA’s re- on a legislative bill and could not, search and development programs also under clause 2 of Rule XX, be did not include any funding for cold cli- agreed to by House conferees. The mate research. proceedings were as follows: The proviso amounts to a diversion of funds previously appropriated and MR. [EDWARD P.] BOLAND [of Massa- violates clause 5, rule XXI. chusetts]: Mr. Speaker, I make a point Mr. Speaker, I urge that the point of of order against the conference report. order be sustained. (7) THE SPEAKER PRO TEMPORE: The THE SPEAKER PRO TEMPORE: Does gentleman from Massachusetts will the gentleman from Florida (Mr. state the point of order. Fuqua) wish to speak on the point of MR. BOLAND: Mr. Speaker, clause 5 order? of rule XXI prohibits committees with- MR. [DON] FUQUA: Mr. Speaker, I out proper jurisdiction from reporting concede the point of order. measures carrying appropriations. In- THE SPEAKER PRO TEMPORE: The terpretation of the rule has held that point of order is conceded and sus- language reappropriating, making tained. available, or diverting an appropriation already made for one purpose to an- In this instance, the conference other is not in order. This has been report containing the Senate sustained numerous times, but it is amendment having been ruled out very clearly stated in a ruling on Au- gust 11, 1921, and is a precedent that of order because containing an ap- is nearly identical to the issue that is propriation, the manager of the before us now. conference report moved to recede In the paragraph authorizing appro- and concur in the Senate amend- priations for the health and ecological ment with an amendment merely effects activity of the water quality research and development program encouraging, but not mandating, House conferees on H.R. 2676 agreed the use of funds already appro- to retain in the bill the following provi- priated for a new purpose.(8) sion added by the Senate: 8. 125 CONG. REC. 34114, 96th Cong. 7. Abraham Kazen, Jr. (Tex.). 1st Sess., Nov. 29, 1979.

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§ 13.10 The rule restricting the Mr. Speaker, I make a point of order authority of conferees in on the grounds that certain provisions of the bill are not germane and exceed agreeing to appropriation the authority of the conference. I point language in Senate amend- specifically, Mr. Speaker, to the lan- ments does not apply to language to be found on page 13 of the re- guage in Senate bills. port, section 658: On Jan. 25, 1972,(9) a con- Sec. 658. Limitation on Use of Funds.— ference report on S. 2819 (the for- (a) Except as otherwise provided in eign military assistance author- this section, none of the funds appro- ization) was under consideration priated to carry out the provisions of this Act or the Foreign Military which contained an additional Sales Act shall be obligated or ex- provision beyond the scope of the pended until the Comptroller Gen- differences committed to con- eral of the United States certifies to ( ) the Congress that all funds preference. 10 The Speaker, Carl Al- viously appropriated and thereafter bert, of Oklahoma, in overruling a impounded during the fiscal year 1971 for programs and activities ad- point of order against the report, ministered by or under the direction noted that the House had adopted of the Department of Agriculture, a resolution waiving points of the Department of Housing and Urban Development, and the Depart- order against the inclusion of such ment of Health, Education and Wel- additional matter, and that fare have been released for obliga- clauses 2 and 3 of Rule XX (re- tion and expenditure. stricting the authority of House Mr. Speaker, I contend that this lan- conferees from agreeing to appro- guage goes far beyond the scope of the priation or nongermane language, legislation, far beyond any intent of the Congress It is neither germane nor respectively, in Senate amend- does it come within the scope of the ments) are not applicable where a legislation. . . . Senate bill and House amend- MR. [THOMAS E.] MORGAN [of Penn- ments are committed to con- sylvania]: . . . The rule is broad and ference. The proceedings were as covers the objections made by the gen- indicated below: tleman from Iowa. Last November the House sent to conference two foreign MR. [H. R.] GROSS [of Iowa]: Mr. aid bills, one economic and one mili- Speaker, I desire to make a point of tary, which passed the Senate. At that order against the consideration of the time the House struck out all after the conference report. . . . enacting clauses of both bills and inserted in lieu thereof the complete text 9. 118 CONG. REC. 1076, 1077, 92d of H.R. 9910, which had passed the Cong. 2d Sess. House last August. 10. Inclusion of such matter violates All the provisions of both the House Rule XXVIII clause 3. and Senate bills that were in disagree-

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ment were considered in conference. For these reasons the Chair over- The House having adopted a rule to rules the point of order. send these two Senate bills (to conference) the amendments to which the § 13.11 Clause 2 of Rule XX gentleman from Iowa has objected which precludes House con- automatically became House amend- ferees from agreeing to Sen- ments and the provisions from the ate amendments providing Senate bill are no longer subject to a point of order. for appropriations in a con- THE SPEAKER: The Chair is ready to ference report absent spe- rule. cific authority applies only The gentleman from Iowa has raised to Senate amendments which a point of order against the conference are sent to conference and report on the ground that the House not to appropriations con- conferees have exceeded their author- tained in Senate legislative ity by including in the conference report provisions not germane or not in bills. either the Senate bill or the House On June 30, 1976,(11) the Speak- amendment and agreed to an appro- er (12) overruled a point of order priation in violation of clause 2, rule against a conference report con- XX. That rule provides in relevant taining a provision permitting a part: new use of funds in an existing re- No amendment of the Senate . . . volving fund, even though such providing for an appropriation upon any bill other than a general appro- provision constituted an appropriation bill, shall be agreed to by priation on a legislative bill, since the managers on the part of the House. the provision had been contained in the Senate bill and since clause The Chair would point out that it 2 of Rule XX is not applicable was a Senate bill which was sent to where a Senate bill and House conference, with a House amendment thereto. The rule is restricted in its ap- amendments are committed to plication to Senate amendments, and conference. The proceedings were thus is not applicable in the present as follows: situation. MR. [HENRY S.] REUSS [of Wis- The Chair also points out that the consin]: Mr. Speaker, I call up the con- resolution under which this conference ference report on the Senate bill (S. report is being considered specifically 3295) to extend the authorization for waives points of order under clause 3, annual contributions under the U.S. rule XXVIII. Housing Act of 1937, to extend certain The action of the conferees in adding the language in section 658 of the con- 11. 122 CONG. REC. 21632, 21633, 94th ference report is protected by this Cong. 2d Sess. waiver of points of order. 12. Carl Albert (Okla.).

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housing programs under the National benefits on the mortgage covering Housing Act, and for other purposes, the structure to which the expendi- and ask unanimous consent that the tures relate. statement of the managers be read in The words ‘‘Expenditures pursuant lieu of the report. . . . to this subsection shall be made from MR. [GARRY] BROWN [of Michigan]: the insurance fund’’ constitute an ap- Mr. Speaker, I make a point of order propriation within the meaning of against the conference report on S. clause 2, rule XX. Based on precedents 3295 on the basis that the House man- under clause 5, rule XXI, it is clear agers exceeded their authority by that payments out of funds such as the agreeing to two matters not in the FHA insurance fund are within the original House amendment to the Sen- meaning of the term ‘‘appropriation’’ ate bill and which violates clause 2, and that the action taken by the House rule XX, of the House Rules and Prece- managers is violative of clause 2, rule dents of the House. Clause 2, rule XX, XX. reads in part as follows: In support of this point of order, I Nor any amendment of the Senate cite the ruling of the Chair on a point providing for an appropriation upon of order raised by H.R. Gross on Octo- any bill other than a general appro- ber 1, 1962, to the conference report on priation bill shall be agreed to by the H.R. 7927. A Senate provision agreed managers on the part of the House unless specific authority to agree to to in that report provided that— such amendment shall first be given The benefits made payable . . . by by the House by a separate vote on reason of enactment of this part every such amendment. shall be paid from the civil service retirement and disability fund. The Senate-passed bill contains section 9(a)(2) and 9(b) which in effect Inasmuch as when the House agreed provide for expenditures to be made to go to conference, it did not give spe- from the various FHA insurance funds cific authority to agree to such an to honor claims made eligible for pay- amendment. I therefore submit that it ment by the provisions of section 9 is not in order for such language to be generally. These amendments are to included in the conference report. section 518(b) of the National Housing The FHA insurance funds are de- Act and relate to sections 203 and 221 signed to provide the reserves for pay- housing programs for which the au- ments on defaulted mortgages and for thority of the Secretary of HUD to pay the operation of HUD related to the claims related to certain structural de- various insurance programs and any fects has expired if the claims were not diversion of the use of such funds such filed by March 1976. as for payment for defects in the struc- Both sections 9(a)(2) and 9(b) include ture would violate clause 5 of rule XXI. identical language which states as fol- In further support of this point of lows: order, and specifically on the point Expenditures pursuant to this sub- that the provisions constitute a diver- section shall be made from the insur- sion of funds for a separate purpose ance fund chargeable for insurance not within the intention of the legisla-

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tion establishing the fund, I cite the be violative of the House rules. But the ruling of the Chair on October 5, 1972, very fact that this is not a Senate which holds that an amendment allow- amendment on a House bill is insignifi- ing for the use of highway trust fund cant if the rules of the House are going moneys to purchase buses, to have any real meaning because would seem to violate clause 4 of what we are saying is any time we rule XXI in that it would divert or want to violate the House rules, we actually reappropriate for a new pur- can have the rule provide that after pose funds which have been appro- consideration of the bill it shall be in priated and allocated and are in the order for the such-and-such Senate bill pipeline for purposes specified by the law under the original 1956 act. to be taken from the Speaker’s desk and everything after the enacting I say, Mr. Speaker, I make a point of clause stricken and apply the House order against the conference report on language. . . . this basis. MR. [THOMAS L.] ASHLEY [of I would note, Mr. Speaker, that the Ohio]: . . . Mr. Speaker, clause 2 of gentleman from Oklahoma is the one rule XX of the rules of the House who sustained the point of order raised makes out of order any provision in a by Mr. Gross in the case which I have Senate amendment which provides for referred to. an appropriation. However, the rule Mr. Speaker, I am inclined to antici- does not address itself to provisions in pate a ruling against my point of Senate bills. The conferees accepted order, but if that should be the case, the provision in question, without Mr. Speaker, I suggest we are making change, from a Senate bill and not a mockery of the rules of the House. from a Senate amendment. Therefore, Since some of my comrades may not no violation of the House rules is in- be aware of it, the rules of the House volved even if the provision is consid- in clause 5, rule XXI, provide: ered to be an appropriation. No bill or joint resolution carrying THE SPEAKER: The Chair is ready to appropriations shall be reported by rule. any committee not having jurisdic- The gentleman from Michigan has tion to report appropriations, nor shall an amendment proposing an made a point of order against the con- appropriation be in order during the ference report, referring to the lan- consideration of a bill or joint resolu- guage of rule XX, clause 2, which tion reported by a committee not places certain restrictions on the man- having that jurisdiction. . . . agers on the part of the House in a Mr. Speaker, that is a rule of the conference with the Senate. House. Now, since the House in its The Chair has ruled on this matter rules cannot have extraterritorial effect before. or extra body effect, in order to protect On January 25, 1972, the Chair the House from having its rules vio- ruled in connection with a point of lated by the Senate, we adopted clause order made by the gentleman from 2 of rule XX which related to action Iowa (Mr. Gross) against the con- that the Senate might take that would ference report on a foreign military as-

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sistance authorization bill (S. 2819) on ference report represents only a the ground that the House conferees proposed compromise and not a had exceeded their authority by includ- Senate amendment originally ing in the conference report an appro- (13) priation entirely in conflict with clause committed to conference. 2, rule XX. That rule provides, in relevant part, that ‘‘no amendment of the § 13.12 Although Rule XXI Senate’’—that is the important lan- clause 5 permits a point of guage—no amendment of the Senate order against an appropria- providing for an appropriation upon tion in a legislative bill or any bill other than a general appro- amendment to be raised ‘‘at priation bill, shall be agreed to by the managers on the part of the House. any time’’ during the initial The Chair would point out that it consideration of the bill or was a Senate bill which was sent to amendment under the five- conference with a House amendment minute rule in the House, a thereto. The rule is restricted in its appoint of order against similar plication to Senate amendments and, language permitted to re- thus, is not applicable in the present situation. main in the House version The Chair, therefore, overrules the and included in a conference point of order. report on that bill will not After the above ruling, Mr. lie, since the only rule pro- Brown pointed to the following hibiting such inclusion (Rule language in the conference report XX clause 2) is limited to lan- as representing, in effect, an guage originally contained in agreement by the Senate ‘‘with a a Senate amendment where Senate amendment’’: House conferees have not been specifically authorized That the Senate recede from its dis- to agree thereto. agreement to the amendment of the House to the text of the bill and agree The following proceedings took to the same with an amendment. place on May 1, 1975,(14) during The Speaker responded that a consideration of a conference re- conference report on a Senate bill port, as indicated below: which recommends that the Sen- MR. [THOMAS E.] MORGAN [of Penn- ate concur in the House amend- sylvania]: Mr. Speaker, I call up the ment with an amendment does conference report on the bill (H.R. not place before the House a Sen- 13. 122 CONG. REC. 21634, 94th Cong. ate amendment against which a 2d Sess., June 30, 1976. point of order can be raised under 14. 121 CONG. REC. 12752, 12753, 94th clause 2 of Rule XX, since the con- Cong. 1st Sess.

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6096) to authorize funds for humani- House bill and section 7 of the con- tarian assistance and evacuation pro- ference report referred to use of funds grams in Vietnam and to clarify re- of the Armed Forces of the United strictions on the availability of funds States for the protection and evacu- for the use of U.S. Armed Forces in ation of certain persons from South Indochina, and for other purposes, and Vietnam. The language of the con- ask unanimous consent that the state- ference report does not increase funds ment of the managers be read in lieu available for that purpose. Both the of the report. . . . House bill and the conference report MS. [ELIZABETH] HOLTZMAN [of New simply removed limitations on the use York]: Mr. Speaker, I would like to of funds from the DOD budget. These make a point of order against the con- limitations were not applicable to the ference report. funds authorized in H.R. 6096. The THE SPEAKER [Carl Albert, of Okla- scope of the waiver is the same in the homa]: The gentlewoman will state it. conference report and the House bill. MS. HOLTZMAN: Mr. Speaker, section Mr. Speaker, the changes in lan- 7 of the conference report in the last guage are merely conforming changes. sentence refers to evacuation programs Section 2 of the House bill was a sec- authorized by this act. It permits a tion which authorized the evacuation waiver of a series of laws for the pur- programs in the House bill. The con- pose of allowing those evacuation pro- ference version contains the evacuation grams to take place. programs authority in several sections In the House bill (H.R. 6096), section plus reference to the entire act rather 3 dealt with evacuation programs re- than to one specific section. . . . ferred to in section 2 of the bill and THE SPEAKER: The Chair is ready to waived the same series of laws with re- rule. spect thereto. In order for section 3 to be considered, it required a rule from The gentlewoman from New York the Rules Committee. And a rule was makes the point of order that section 7 granted waiving points of order against of the conference report constitutes an section 3 of the bill. But section 7 of appropriation on a legislative bill in the conference report, in speaking of violation of clause 5, rule XXI, to evacuation programs authorized by the which the House conferees were not entire act and not just by one section, authorized to agree pursuant to clause exceeds the scope of section 3 of the 2, rule XX. bill and exceeds the waiver that was The Chair would first point out that permitted under the rule. It therefore the provisions of clause 2, rule XX, pre- violates rule XXI, clause 5, and vio- clude House conferees from agreeing to lates rule XX, clause 2, which prohibits a Senate amendment containing an ap- House conferees from accepting a Sen- propriation on a legislative bill, and do ate amendment providing for an appro- not restrict their authority to consider priation on a nonappropriation bill in an appropriation which might have excess of the rules of the House. . . . been contained in the House-passed MR. MORGAN: . . . The point of version. In this instance, the conferees order has no standing. Section 3 of the have recommended language which is

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virtually identical to section 3 of the the language beyond that contained in House bill, and they have not agreed to either version, does not necessarily a Senate amendment containing an ap- render the conference report subject to propriation. Therefore, clause 2, rule a point of order. In this instance, it ap- XX, is not applicable to the present pears to the Chair that the only effect conference report. of the language in the conference report was to accomplish the same result While clause 5, rule XXI, permits a that would have been reached by sec- point of order to be raised against an tion 3 of the House bill, namely to reappropriation in a legislative bill ‘‘at move certain limitations on the use of any time’’ consistent with the orderly funds in the Defense budget for mili- consideration of the bill to which ap- tary evacuation programs under this plied—Cannon’s VII, sections 2138– bill. 39—the Chair must point out that The Chair therefore holds that the H.R. 6096 was considered in the House conferees have not exceeded their au- under the terms of House Resolution thority and overrules the point of 409 which waived points of order order. against section 3 of the House bill as constituting an appropriation of avail- Amendments to Senate Amend- able funds for a new purpose. . . . ments The gentlewoman from New York also has in effect made the point of § 13.13 Where a Senate amend- order that section 7 of the conference ment on a general appropria- report goes beyond the issues in dif- tion bill proposes an expend- ference between the two Houses committed to conference in violation of iture not authorized by law, clause 3, rule XXVIII. it is in order in the House to In the House-passed bill, section 3 perfect such Senate amend- contained waivers of certain provisions ment by germane amend- of law in order to make available funds ments. already appropriated to the Depart- ment of Defense to be used for the The following proceedings took ( ) Armed Forces in ‘‘evacuation programs place on Feb. 8, 1937, 15 during referred to in section 2 of the act.’’ The consideration of H.R. 3587, a defi- conferees have recommended that the ciency appropriations bill: same waivers of law shall apply to MR. [CLIFTON A.] WOODRUM [of Vir- ‘‘evacuation programs authorized by ginia]: Mr. Speaker, I move to recede this act.’’ and concur in the Senate amendment In the opinion of the Chair, a con- with an amendment, which I send to forming change in phraseology in a the Clerk’s desk. . . . conference report from language con- MR. [HENRY] ELLENBOGEN [of Penn- tained in the House or Senate version sylvania]: Mr. Speaker, I offer a pref- to achieve consistency in the language thereof, absent proof that the effect of 15. 81 CONG. REC. 975, 976, 75th Cong. that change is to broaden the scope of 1st Sess.

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erential motion, which I send to the amendment to that amendment offered Clerk’s desk. by the gentleman from Virginia is not The Clerk read as follows: out of order because it contains legisla- Mr. Ellenbogen moves that the tion. The Chair therefore overrules the House recede and concur in Senate point of order. amendment no. 9. MR. [THOMAS] O’MALLEY [of Wis- MR. WOODRUM: Mr. Speaker, I ask consin]: Mr. Speaker, a point of order. for a division of the question. THE SPEAKER PRO TEMPORE: The THE SPEAKER PRO TEMPORE: (16) The gentleman will state it. gentleman from Virginia demands a di- MR. O’MALLEY: Mr. Speaker, I make vision of the question. The question is, the point of order that the amendment Shall the House recede from its dis- of the gentleman from Virginia is not agreement to the Senate amendment? germane, since it limits the Senate The question was taken, and the mo- amendment by date. tion to recede was agreed to. THE SPEAKER PRO TEMPORE. The Chair will state that it deals with the MR. WOODRUM: Mr. Speaker, I move same subject matter, and the mere to concur in the Senate amendment limitation of the Senate amendment by with an amendment, which I send to date does not destroy its germaneness, the Clerk’s desk. and the Chair therefore overrules the The Clerk read as follows: point of order. Mr. Woodrum moves that the House concur in the Senate amend- § 13.14 Where the Senate at- ment with an amendment as follows: In lieu of the matter inserted by said taches to an appropriation amendment insert the following: ‘‘or bill a legislative amendment, of any appropriation or other funds it is in order in the House to of any executive department or independent executive agency shall be concur with a perfecting used after June 30, 1937, to pay the amendment provided such compensation of any person detailed or loaned for service in connection amendment does not broad- with any investigation or inquiry un- en the scope of the legisla- dertaken by any committee of either tion in the Senate amend- House of Congress under special resolution thereof.’’ ment. (17) MR. ELLENBOGEN: Mr. Speaker, I On June 15, 1933, during make the point of order that the mo- consideration of Senate amend- tion of the gentleman from Virginia ments to the independent offices violates the rules of the House in that appropriation bill,(18) the following it is legislation on an appropriation proceedings took place: bill. THE SPEAKER PRO TEMPORE: The The Clerk read as follows: Chair will state that the Senate amendment is legislation, and the 17. 77 CONG. REC. 6150, 73d Cong. 1st Sess. 16. John J. O’Connor (N.Y.). 18. H.R. 5389.

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Amendment No. 30: On page 57, manent, forever. The word ‘‘hereafter’’ after line 14, insert: makes it legislation on an appropria- ‘‘Sec. 6. After the enactment of this tion bill, which makes it permanent act the Postmaster General is di- legislation. rected to suspend payments upon any air mail or ocean mail contract MR. WOODRUM: The original text to any individuals, companies, or cor- makes it permanent legislation. porations which, singly or in com- MR. GOSS: But it reads ‘‘after the en- bination with other individuals, com- actment of this act.’’ panies, or corporations receiving a THE SPEAKER: (19) We are considering subsidy, pay any salary or salary the Senate amendment. The entire combined with bonus to any officer, amendment of the Senate is legislation agent, or employee in excess of a salary of $17,500. . . .’’ which the House may now perfect by any germane amendment. MR. [CLIFTON A.] WOODRUM [of Vir- MR. GOSS: I will reserve it for the ginia]: Mr. Speaker, I move to recede moment, to hear further explanation. I and concur with an amendment, which do not want to see it made permanent I send to the desk. law. The Clerk read as follows: MR. WOODRUM: The only change Mr. Woodrum moves that the which the House makes in it is the House recede from its disagreement very proper change not to undertake to to the amendment of the Senate make this retroactive to apply to con- numbered 30, and agree to the same tracts. They have postoffice contracts with an amendment as follows: In that have already been made in good lieu of the matter inserted by said faith, but it does provide—— amendment insert the following: MR. GOSS: For all time. ‘‘Sec. 6. Hereafter the Postmaster General shall not award any air mail MR. WOODRUM: Yes; until Congress contract or any ocean mail contract changes it, because the original lan- under the Merchant Marine Act of guage was for all time. . . . 1928 to any individuals, companies, THE SPEAKER: The Chair overrules or corporations which, singly or in the point of order made by the gen- combination with other individuals, tleman from Connecticut. companies, or corporations pay any salary, or salary combined with bonus, to any officer, agent, or em- § 13.15 In amending a Senate ployee in excess of $17,500. . . .’’ amendment the House is not MR. [EDWARD W.] GOSS [of Con- confined within the limits of necticut]: Mr. Speaker, a point of the amount set by the origi- order. nal bill and the Senate The amendment as I heard it read amendment. contains the word ‘‘hereafter’’, making ( ) this permanent law, forever. I have no On June 20, 1932, 20 during particular objection to the language consideration of H.R. 11267, the contained, that makes it for the dura- tion of the life of this appropriation 19. Henry T. Rainey (Ill.). bill, but it might not be wise, under 20. 75 CONG. REC. 13522–25, 72d Cong. certain circumstances, to make it per- 1st Sess.

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Economy Committee amendment legislative action de novo on a matter to the legislative appropriation which has already been passed on by the House. When we come to that bill, a Senate amendment was point—enter on our own initiative or under consideration which pro- from the Senate—new conferees rep- vided for an 11 percent reduction resenting the views of the House in all government salaries in ex- should be and would be appointed. I cess of $2,500. An amendment repeat, Mr. Speaker, that the view of was offered proposing to reduce the House must first be presented by friends of the proposition to the Senate salaries by a graduated scale with conferees. There is no indication in the a minimum exemption of $1,200. report or otherwise that the House bill A point of order was made as fol- was actually sponsored in conference lows, and proceedings ensued as by the conferees on the part of the indicated below: House, and I submit that at this stage we can not legislate de novo in order to MR. [FIORELLO H.] LAGUARDIA [of carry out the personal views or pref- New York]: Mr. Speaker, I make the erence of the conferees. The House point of order that the subject matter should at least be given the oppor- contained in the gentleman’s motion at tunity to express itself on its own bill. this time is not proper in that there is In this roundabout method the House nothing before the House at this time is compelled to take other action with- which shows a change of attitude on out first knowing what the attitude of the part of the House in its action on the other body on the proposition may the question of salary reduction. There be. are two propositions before the House. MR. [JOHN C.] SCHAFER [of Wis- One is the House bill providing for a consin]: Mr. Speaker, I believe the reduction with a $2,500 exemption, Chair should hold that the amendment and the other is the Senate so-called offered by the gentleman from Ala- furlough plan. The gentleman seeks to bama is out of order, because the concur in the Senate plan with an amendment goes beyond the range of amendment, and the matter in the difference between the action of the amendment is not germane to that House and the Senate. The furlough plan. The gentleman’s motion is be- plan incorporated in the bill by the yond the province of conferees. The Senate and the salary-reduction plan subject matter contained in the motion as passed by the House contain no sal- is an entirely new proposition. If con- ary reductions in salaries below $2,500 ferees have failed to agree on either per year. I believe on that point alone the House bill or Senate bill, then they the amendment is not germane, and should be discharged. If the gentleman therefore it is not in order, as the con- seeks to carry out a reduction plan, ferees have exceeded their authority. then I submit that the House has not MR. [JOHN] MCDUFFIE [of Alabama]: indicated by vote or otherwise that it Mr. Speaker, I think the Chair has recedes from its original position. What ample precedent for overruling the the gentleman is seeking to do is to get point of order raised by the gentleman

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from Wisconsin, because, in the first passing upon these points of order that place we are not dealing with a con- in cases of this kind the only require- ference report, and in the second place, ment is that the amendment proposed I direct the attention of the Speaker to in the motion to recede and concur the fact that anything that is germane with an amendment must be germane is permissible to be written in an to the Senate amendment. This ques- amendment such as I have offered. tion arose on May 3, 1922, when Mr. THE SPEAKER PRO TEMPORE [Wil- Speaker Gillett, in overruling a point liam B. Bankhead, of Alabama]: The of order similar to this, held that to a Chair is ready to rule. Senate amendment providing a new The gentleman from New York (Mr. method of taxation in the District of LaGuardia) interposes a point of order Columbia and revising the fiscal rela- against the amendment offered by the tionship of the District of Columbia gentleman from Alabama (Mr. and the United States with other inci- McDuffie) to the Senate proposal, upon dental propositions an amendment pro- the ground that it does not affirma- posing a different scheme is germane, tively appear that the House conferees although different in detail. really took into consideration the ac- The Chair thinks that these deci- tion and voice of the House in the con- sions fully cover points of order raised ference. That, of course, is a matter en- by the gentleman from New York and tirely beyond the province of the Chair, the gentleman from Wisconsin, and and is a matter of speculation, nec- therefore overrules the points of order. essarily. The Chair, therefore, over- Similarly, on June 28, 1932, (1) rules that point of order. the following proceedings took The gentleman from Wisconsin (Mr. place during consideration of the Schafer) raised the point of order that (2) the provisions embodied in the motion Navy appropriation bill: of the gentleman from Alabama to re- THE SPEAKER: (3) The Clerk will recede and concur with an amendment to port the next amendment in disagree- the Senate amendment was beyond the ment. limits fixed in either the House bill or The Clerk read as follows: the Senate amendment. The Parlia- Amendment No. 16: Page 23, line mentarian has furnished the Chair 17, strike out ‘‘$1,014,250’’ and in- with a syllabus of an opinion by Chair- sert in lieu thereof ‘‘$1,191,850.’’ man Hepburn, of Iowa, made on Feb- ruary 26, 1902, which may be found in MR. [WILLIAM A.] AYRES (of Kansas): Hinds’ Precedents (vol. 5, sec. 6187). It Mr. Speaker, I move that the House recede and concur with an amendment. is as follows: ‘‘In amending a Senate amendment the House is not confined The Clerk read as follows: within the limits of amount set by the Mr. Ayres moves to recede and original bill and the Senate amend- concur in Senate amendment No. 16 ment.’’ The Chair thinks that that decision disposes of the point of order 1. Id. at pp. 14207, 14208. raised by the gentleman from Wis- 2. H.R. 11452. consin. The Chair desires to say in 3. John N. Garner (Tex.).

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with the following amendment: In appropriation in a Senate lieu of the sum proposed by said amendment insert the following: bill. ‘‘$1,157,535 (none of which shall be On July 30, 1957, (4) during con- available for increased pay for making aerial flights by nonflying offi- sideration of S. 1865, a bill estab- cers or observers except eight officers lishing an airways modernization above the grade of lieutenant com- board and to provide for the devel- mander, to be selected by the Sec- opment and modernization of the retary of the Navy).’’ national system of navigation and Mr. LaGuardia: I make the point of traffic control facilities to serve order that the amendment offered by present and future needs of civil the gentleman from Kansas is beyond and military aviation, a provision the power and scope of the conferees; that it brings in entirely new matter, granting authority to transfer that the difference between the Senate ‘‘unexpended balances of appro- bill and the House bill is simply one of priations, allocations, and other amount, and we can not at this stage funds available,’’ was ruled out by of the proceedings legislate on the bill. Chairman George H. Mahon, of THE SPEAKER: On the grounds the Texas, as an appropriation re- gentleman makes his point of order the ported from a nonappropriating Chair will overrule it. The question is committee in violation of clause 4, on the motion to concur with an rule XXI. amendment. The language having been The motion was agreed to. stricken from the Senate bill pur- THE SPEAKER: Let the Chair say in connection with that point of order suant to the point of order, that that if the gentleman from New York fact was reported by Chairman ( ) had made the point of order that the Mahon to the House. 5 The lan- proposed amendment was not germane guage stricken from the bill on to the Senate amendment, the Chair the point of order was treated as thinks it would have been sufficient, an amendment of the Senate bill but the gentleman from New York said and so engrossed and messaged to it was beyond the jurisdiction of the the Senate. conferees, and the motion to concur with an amendment is not subject to Special Rule Waiving Points of that point of order. Order Point of Order Against Appro- § 13.17 A resolution is set forth priations in Senate Bill below waiving points of § 13.16 A point of order under 4. 103 CONG. REC. 13056, 85th Cong. the rule barring appropria- 1st Sess. tions in a legislative bill may 5. Id. at pp. 13181, 13182, July 31, be raised against an item of 1957. 5181

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order against a conference motion by the Chairman of the Man- agers on the part of the House to re- report on a general appro- cede and concur in said Senate priation bill, and making in amendment numbered 20 with an order a motion to recede amendment. from disagreement and to Suspension of Rules for Mat- concur therein with an ters Not in Disagreement amendment. On Dec. 23, 1963, (6) the fol- § 13.18 The two Houses having lowing proceedings took place: been unable to agree on all

MR. [HOWARD W.] SMITH of Virginia: provisions of the bill, the Mr. Speaker, I present a privileged House, under a motion to resolution (H. Res. 600) from the Com- suspend the rules, passed a mittee on Rules and ask for its imme- new bill containing matters diate consideration. in the original bill not in The Clerk read the title of the resolution. controversy. THE SPEAKER: (7) The resolution will On July 2, 1942, (8) the Depart- be referred to the House Calendar and ment of Agriculture appropriation ordered to be printed. bill for fiscal 1943 was passed in The resolution is as follows: the House in the following man- Resolved, That upon the adoption ner: of this resolution it shall be in order to consider without the intervention MR. [MALCOLM C.] TARVER [of Geor- of any point of order the conference gia]: Mr. Speaker, I move to suspend report on the bill (H.R. 9499) making appropriations for foreign aid and re- the rules and pass the bill H.R. 7349, lated agencies for the fiscal year end- which I send to the Clerk’s desk. ing June 30, 1964, and for other pur- The Clerk read as follows: poses, and that during the consideration of the amendment of the Sen- A bill making appropriations for ate numbered 20 to the bill, it shall the Department of Agriculture for be in order to consider, without the the fiscal year ending June 30, 1943, intervention of any point of order, a and for other purposes. THE SPEAKER: (9) Is a second de- 6. 109 CONG. REC. 25495, 88th Cong. manded? 1st Sess. MR. [EVERETT M.] DIRKSEN [of Illi- Note: The waiver of points of order nois]: Mr. Speaker, I demand a second. against the amendment was nec- MR. TARVER: Mr. Speaker, I ask essary because the language of the unanimous consent that a second be amendment would have been subject considered as ordered. to the point of order that it constituted further legislation on an ap- 8. 88 CONG. REC. 5953, 5954, 5960, propriation bill. 5961, 77th Cong. 2d Sess. 7. John W. McCormack (Mass.). 9. Sam Rayburn (Tex.).

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THE SPEAKER: Is there objection to There is also a further proviso in the request of the gentleman from title II of the bill which I have just Georgia (Mr. Tarver)? sent to the Clerk’s desk, which would There was no objection. validate expenditures upon the bases MR. TARVER: Mr. Speaker, I yield which I have described to and includ- myself 4 minutes. ing the 1st day of July. Mr. Speaker, this is a proposal to H.R. 7349 passed in the House. enact for the present fiscal year 1943, Subsequently, various Members the provisions of H.R. 6709, the Agri- discussed the consequences of the cultural appropriation bill, insofar as those provisions have been agreed bill’s passage. Some of the re- upon by the House and the Senate, marks are as follows: and with respect to the appropriations MR. DIRKSEN: Mr. Speaker, may I infor the farm tenant land purchase pro- quire whether or not the majority lead- gram and for the Farm Security Ad- er wants to say anything about the sit- ministration, which are in disagree- uation that is now in abeyance for the ment, the provisions of the bill are for information of the House? expenditures by the Farm Security Ad- MR. [JOHN W.] MCCORMACK [of Mas- ministration for these purposes for the sachusetts]: I have nothing to advise next 60 days; that is, for the months of the House about at this time. The Sen- July and August, which will be author- ate has adjourned, and I have been in- ized upon the same bases propor- formed that they sent the bill which tionate for the time involved as the ex- passed the House a short time ago to penditures for those purposes were au- the committee. thorized in the Agricultural Appropria- MR. DIRKSEN: Mr. Speaker, I ask tion Act for the fiscal year 1942, with unanimous consent to proceed for 1 the proviso that any amount expended minute. by the Farm Security Administration THE SPEAKER: Is there objection? for these purposes during the months Mr. [EARL C.] MICHENER [of Michi- of July and August shall be charged gan]: Mr. Speaker, reserving the right against whatever amounts are finally to object, as I understand the par- appropriated by the Congress to the liamentary situation, as far as the ap- uses of the Farm Security Administra- propriation bill is concerned, it is this. tion for these objectives. The House passed the regular Depart- As I said, all of the provisions of the ment of Agriculture appropriation bill. bill, and all of the limitations in the It went to the Senate. The Senate bill so far as there does not exist dis- placed amendments. The two Houses agreement between the House and were in disagreement and conferees Senate with reference thereto, are pro- were appointed. That appropriation bill posed to be enacted. The proviso with is in conference. This afternoon certain regard to Commodity Credit Corpora- members of the Appropriations Com- tion funds is to be enacted except as mittee who happened to be the con- the Senate amendments thereto in dis- ferees on the agriculture bill brought agreement are involved. in another and different appropriation

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bill.(10) It was passed under suspension between the two Houses, and of the rules, with a new number. It had no connection with the bill in con- hence not committed to the ference. It was an independent bill. conferees, have been After that bill passed the House and changed through consider- went to the Senate, the Senate recognized it as a new appropriation bill, ation by unanimous consent which it is, and treated it according to of a concurrent resolution di- the rules of the Senate, and referred it recting the changes in the to the Appropriations Committee of the Senate for consideration. The Senate enrollment of the bill. conferees had no part in framing the On July 23, 1962, (11) the fol- new bill. So that today the regular agriculture appropriation bill is in con- lowing proceedings took place: ference between the two Houses. To- MR. [ALBERT] THOMAS [of Texas]: day’s House action has had no effect on Mr. Speaker, pursuant to the unani- the conference committee. Another ap- mous agreement of last Friday, I call propriation bill covering much of the up for consideration a House concur- same matter has been referred to the rent resolution. Senate Committee on Appropriations. The Clerk read as follows: MR. MCCORMACK: I think the gentleman’s statement fairly presents the H. CON. RES. 505 picture except—I would not want to take issue—but I would want to en- Resolved by the House of Rep- large or express my own views on one resentatives (the Senate concurring), observation which the gentleman That the Clerk of the House of Rep- made—that it had no relationship to resentatives be authorized and di- the bill in conference. It at least had rected in the enrollment of the bill an attempted relationship. H.R. 11038 to make the following changes in the engrossed House bill: MR. MIRCHENER: Yes; the two bills deal with the same subject matter, but (1) Page 2, strike out lines 13 to 16, inclusive. . . . one bill was the legitimate child of the rules of the House and the Appropria- (28) Page 14, strike out lines 4 to 7, inclusive. tions Committee. The other bill was not. (29) Page 14, strike out lines 17 to 21, inclusive. MR. MCCORMACK: I am not taking issue with my friend, but I will cer- MR. THOMAS (interrupting reading of tainly say there was an attempted re- the House concurrent resolution): Mr. lationship. At least the House in its Speaker, I ask unanimous consent that own way attempted to meet the legisla- further reading of the resolution be tive situation that exists. dispensed with, I shall attempt to explain what it is. Amendment by Concurrent Res- THE SPEAKER: (12) Is there objection olution to the request of the gentleman from Texas? § 13.19 Items in an appropriation bill not in disagreement 11. 108 CONG. REC. 14400–03, 87th Cong. 2d Sess. 10. H.R. 7349. 12. John W. McCormack (Mass.).

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There was no objection. tion because it could not be in the con- MR. THOMAS: Mr. Speaker, it will be ference report, and the reason it could recalled this deals with what we call not be in the conference report is be- the second supplemental appropriation bill for 1962 When the supplemental cause it is a reduction in those left the House it had 55 items carrying amounts. . . . about $447 million, which was a reduc- THE SPEAKER: The question is on the tion, in round figures, of $100 million under the budget, a reduction of about resolution. 20 percent. The concurrent resolution was It went to the other body and that agreed to. body added some 29 items, increasing A motion to reconsider was laid on the amount over the House by $112 ( ) million, which made a round figure of the table. 13 about $560 million. 13. Parliamentarian’s Note: The second We bring to you two items, one a concurrent resolution and the other a supplemental appropriation bill, conference report. First, why the con- H.R. 11038, was passed by the current resolution? We put in the con- House on Mar. 30, 1962; by the Sen- current resolution some 29 items ate, amended, on Apr. 6. The con- which were originally in the supplemental, but those 29 items are a reduc- ference report was not filed until tion—follow me now—below the figure July 20. Since fiscal year 1962 ex- that was in the supplemental when it pired on June 30, the need for some left the House and the figure when it of the funds in the bill had dis- left the Senate. sipated. To eliminate the sums no It is a complete reduction and a change. It is in the concurrent resolu- longer required and not in disagreement, the concurrent resolution was agreed to.

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