[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[§ 31. Committee on Appropriations]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 2799-2821]
CHAPTER 17
Committees
C. COMMITTEE PROCEDURE
Sec. 31. Committee on Appropriations
Created in 1865 out of jurisdiction formerly accorded the Committee
on Ways and Means,(14) the Committee on Appropriations has
been concerned traditionally with the ``appropriation of the revenue
for the support of the Government.'' (1) Today, the
committee has plenary jurisdiction over all appropriation bills for the
various departments and agencies of government. Historically, the
committee's jurisdiction has undergone periodic transformation as
various committees had at certain times jurisdiction over particular
appropriation bills.(2)
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14. 4 Hinds' Precedents Sec. 4032.
1. This language was used in the 1865 rule as well as the 1880
revision. In 1865, however, more detail followed the general
description. See 4 Hinds' Precedents Sec. 4032.
2. Id. at Sec. 4032.
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The largest standing committee in the House, with 55 members in
1973, the Committee on Appropriations possesses 13 subcommittees. The
latter vary in size from eight to 12 members and consist of:
1. The Subcommittee on Agriculture-Environmental and Consumer
Protection;
2. The Subcommittee on Defense;
3. The Subcommittee on the District of Columbia;
4. The Subcommittee on Foreign Operations;
5. The Subcommittee on Housing and Urban Development-Space-
Science- Veterans [Matters];
6. The Subcommittee on the Interior;
7. The Subcommittee on Labor-Health, Education and Welfare;
8. The Subcommittee on Legislative [Matters];
9. The Subcommittee on Military Construction;
10. The Subcommittee on Public Works-Atomic Energy Commission;
11. The Subcommittee on State, Justice, Commerce and the
Judiciary;
12. The Subcommittee on Transportation;
13. The Subcommittee on Treasury-Postal Service-General
Government.
In addition to its jurisdiction over ``appropriation of the revenue
for the support of the Government,'' (3) the committee under
the 1973 rules,(4) was expressly authorized whether ``acting
as a whole or by any subcommittee . . . to conduct studies and
examinations of the organization and operation of any executive
department or other executive agency.'' Each subcommittee was assigned
jurisdiction over specific agencies,
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3. Rule XI clause 2(a), House Rules and Manual Sec. 679 (1973).
4. Rule XI clause 2(b), House Rules and Manual Sec. 679 (1973).
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[[Page 2800]]
commissions, councils, and departments by the main committee. The list
which follows (5) groups the specific agencies or
departments which fell under the jurisdiction of each subcommittee in
1973 [enumeration added]:
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5. This list, reproduced in its entirety, was compiled by Robert C.
Ketcham for the Select Committee on Committees. See
``Monographs on the Committees of the House of
Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974),
committee print, pp. 21-24.
Many of these agencies or departments have been transferred
to other subcommittees since 1973 (see later editions of this
work).
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Agriculture-Environmental and Consumer Protection Subcommittee
(1) Department of Agriculture (except Forest Service).
(2) Consumer Information Center (GSA).
(3) Consumer Product Safety Commission.
(4) Council on Environmental Quality and Office of
Environmental Quality.
(5) Environmental Financing Authority (Treasury).
(6) Environmental Protection Agency.
(7) Farm Credit Administration.
(8) Federal Trade Commission.
(9) Food and Drug Administration (HEW).
(10) Grants for Basic Water@Sewer Facilities (HUD).
(11) National Commission on Materials Policy.
(12) National Industrial Pollution Control Council (Commerce).
(13) National Study Commission on Water Quality Management.
Defense Subcommittee
(1) Department of Defense--Military:
--Department of Army.
--Department of Navy (including Marine Corps).
--Department of Air Force.
--Office of Secretary of Defense.
Except: Military Construction, Military Assistance, and
Civil Defense.
District of Columbia Subcommittee
(1) District of Columbia.
Foreign Operations Subcommittee
(1) Agency for International Development.
(2) Action (international programs Peace Corps).
(3) Asian Development Bank.
(4) Cuban Refugee Program (HEW).
(5) Export-Import Bank.
(6) Foreign Military Credit Sales.
(7) Inter-American Development Bank.
(8) Inter-American Foundation;
(9) International Bank for Reconstruction and Development
(World Bank).
(10) International Development Association.
(11) International Monetary Fund.
(12) Migration and Refugee Assistance (State).
(13) Military Assistance Program.
(14) Overseas Private Investment Corporation.
[[Page 2801]]
HUD-Space-Science-Veterans Subcommittee
(1) Department of Housing and Urban Development (except grants
for basic water and sewer facilities).
(2) Federal Communications Commission.
(3) Federal Home Loan Bank Board.
(4) National Aeronautics and Space Administration.
(5) National Aeronautics and Space Council.
(6) National Science Foundation.
(7) Office of Science and Technology.
(8) Renegotiation Board.
(9) Securities and Exchange Commission.
(10) Selective Service System.
(11) Veterans' Administration.
Interior Subcommittee
(1) Department of the Interior.
Except: Alaska Power Administration, Bonneville Power
Administration, Bureau of Reclamation, Southeastern Power
Administration, Southwestern Power Administration, and Underground
Electric Power Transmission Research.
Related Agencies:
--American Revolution Bicentennial Commission.
--Commission of Fine Arts.
--Federal Metal and Nonmetallic Mine Safety Board of Review.
--Forest Service (USDA).
--Franklin Delano Roosevelt Memorial Commission.
--Indian Claims Commission.
--Indian Education Activities (HEW).
--Indian Health Activities (HEW).
--Joint Federal-State Land Use Planning Commission for Alaska.
--National Capital Planning Commission.
--National Council on Indian Opportunity.
--National Foundation on the Arts and the Humanities.
--Pennsylvania Avenue Development Corporation.
--Smithsonian Institution.
--National Gallery of Art.
--Woodrow Wilson International Center for Scholars.
--Youth Conservation Corps (Forest Service).
Labor-Health, Education, and Welfare Subcommittee
(1) Department of Health, Education, and Welfare.
Except: Cuban refugee program, Emergency health activities,
Food and Drug Administration, Indian educational activities, Indian
health and construction activities, and Office of Consumer Affairs.
(2) Department of Labor.
Related Agencies:
--Action (domestic programs).
--Cabinet Committee on Opportunities for Spanish-Speaking
People.
--Commission on Railroad Retirement.
--Corporation for Public Broadcasting.
--Federal Mediation and Conciliation Service.
--National Commission on Libraries and Information Science.
--National Commission on Marijuana and Drug Abuse.
--National Commission on the Financing of Postsecondary
Education.
--National Labor Relations Board.
--National Mediation Board.
--Occupational Safety and Health Review Commission.
--Office of Economic Opportunity.
[[Page 2802]]
--Railroad Retirement Board.
--United States Soldiers' and Airmen's Home.
Legislative Subcommittee
(1) House of Representatives.
(2) Joint Items.
(3) Architect of the Capitol (except Senate items).
(4) Botanic Garden.
(5) Cost-Accounting Standards Board.
(6) General Accounting Office.
(7) Government Printing Office.
(8) Library of Congress.
Military Construction Subcommittee
(1) Military Construction in the Army.
(2) Military Construction in the Navy (including Marine Corps).
(3) Military Construction in the Air Force.
(4) Military Construction in Defense Agencies.
(5) Military Construction for Reserve Forces.
(6) Homeowners Assistance Fund.
(7) Military Family Housing.
Public Works-AEC Subcommittee
(1) Atomic Energy Commission.
(2) Department of Defense--Civil.
Department of the Army: Cemeterial Expenses, Corps of
Engineers--Civil.
(3) Department of the Interior:
--Alaska Power Administration.
--Bonneville Power Administration.
--Bureau of Reclamation.
--Office of the Secretary: Underground Electric Power
Transmission Research.
--Southeastern Power Administration.
--Southwestern Power Administration.
Related Agencies:
--Appalachian Regional Commission.
--Appalachian Regional Development Programs.
--Delaware River Basin Commission.
--Federal Power Commission.
--Interstate Commission on the Potomac River Basin.
--National Water Commission.
--Susquehanna River Basin Commission.
--Tennessee Valley Authority.
--Water Resources Council.
State, Justice, Commerce, and Judiciary Subcommittee
(1) Department of Commerce (except NIPCC).
(2) Department of Justice.
(3) Department of State (except Migration & Refugee
Assistance).
(4) The Judiciary.
Related Agencies:
--American Battle Monuments Commission.
--Arms Control and Disarmament Agency.
--Commission on American Shipbuilding.
--Commission on Civil Rights.
--Commission on the Organization of the Government for the
Conduct of Foreign Policy.
--Equal Employment Opportunity Commission.
--Federal Maritime Commission.
--Foreign Claims Settlement Commission.
--International Radio Broadcasting.
--Marine Mammal Commissions.
--National Commission for the Review of Federal and State Laws
[[Page 2803]]
Relating to Wiretapping and Electronic Surveillance.
--Small Business Administration.
--Special Representative for Trade Negotiations.
--Subversive Activities Control Board.
--Tariff Commission.
--U.S. Information Agency.
Transportation Subcommittee
(1) Department of Transportation.
Related Agencies:
--Aviation Advisory Commission.
--Civil Aeronautics Board.
--Commission on Highway Beautification.
--Interstate Commerce Commission.
--National Transportation Safety Board.
--Panama Canal.
--Washington Metropolitan Area Transit Authority.
Treasury-Postal Service-General Government Subcommittee
(1) Treasury Department.
(2) United States Postal Service.
(3) Executive Office of the President:
--Compensation of the President.
--Council of Economic Advisers.
--Council on International Economic Policy.
--Domestic Council.
--Executive Residence.
--National Commission on Productivity.
Rule X clause 1(b) [House Rules and Manual Sec. 671(a) (1979)] sets
forth the jurisdiction of the Committee on Appropriations as follows:
(1) Appropriation of the revenue for the support of the
government.
(2) Rescissions of appropriations contained in appropriation
acts.
(3) Transfers of unexpended balances.
(4) The amount of new spending authority (as described in the
Congressional Budget Act of 1974) which is to be effective for a
fiscal year, including bills and resolutions (reported by other
committees) which provide new spending authority and are referred
to the committee under clause 4(a).
. . . In addition to its jurisdiction under the preceding
provisions of this paragraph, the committee shall have the fiscal
oversight function provided for in clause 2(b)(3) and the budget
hearing function provided for in clause 4(a).
Following a period during which certain appropriation bills were
distributed to other committees, the Committee on Appropriations was
again given jurisdiction over all appropriations by an amendment to the
rules adopted June 1, 1920.(6) Effective July 12, 1974,
special Presidential messages on rescissions and deferrals of budget
authority submitted pursuant to sections 1012 and 1013 of the
Impoundment Control Act of 1974 (88 Stat. 332 et seq.), as well as
rescission bills and impoundment resolutions defined in section 1011
and required in section 1017 to be referred to the appropriate
committee, are referred to the Committee on Appropriations if the
[[Page 2804]]
proposed rescissions or deferrals involve funds already appropriated or
obligated. Also effective July 12, 1974, in the Congressional Budget
Act of 1974 [88 Stat. 320, Sec. 404(a)] as perfected by House
Resolution 988, 93d Congress, the committee was given jurisdiction over
rescissions of appropriations (paragraph 2), transfers of unexpended
balances (paragraph 3), and the amount of new spending authority to be
effective for a fiscal year (paragraph 4) including measures reported
by other committees which exceed the appropriate allocation of new
budget authority contained in the most recently agreed to concurrent
resolution on the budget for such fiscal year as provided in clause
4(a)(2) of Rule X (H. Res. 988, 93d Congress). The authority to conduct
studies and examinations of the organization and operation of executive
departments and agencies was made part of the standing rules on Jan. 3,
1953, and is now listed as a general oversight responsibility of the
committee in clause 2(b)(3) of Rule X. The committee is also authorized
and directed to hold hearings on the budget as a whole in open session
within 30 days of its submission [clause 4(a)(1)(A) of Rule X], and to
study on a continuing basis provisions of law providing spending
authority or permanent budget authority and to report to the House
recommendations for terminating or modifying such provisions [Rule X
clause 4(a)(3)]. In addition, clause 2(l)(1)(C) of Rule XI requires the
committee to submit a summary report comparing its recommendations in
all regular appropriation bills with the appropriate levels of budget
outlays and authority contained in the most recently agreed to
concurrent resolution on the budget for that year. The requirement of
section 139 of the Legislative Reorganization Act of 1946 (60 Stat.
812) that the Committees on Appropriations of the House and Senate
develop a standard appropriation classification schedule has been
superseded by section 202(a) of the Legislative Reorganization Act of
1970 (84 Stat. 1167) which now imposes that responsibility upon the
Secretary of the Treasury and the Office of Management and Budget. The
further requirement of section 139 that the Appropriations Committees
study existing permanent appropriations and recommend which, if any,
should be discontinued has been made the responsibility of all standing
committees of the House by clause 4(f)(1), (2), Rule X, section 253 of
the Legislative Reorganization Act of 1970 (84 Stat. 1175).
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6. See 7 Cannon's Precedents Sec. 1741.
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The House rules in 1973 contained a specific conferral of sub
[[Page 2805]]
pena authority [see Rule XI clause 2, House Rules and Manual Sec. 679
(1973)]. This conferral of authority was superseded by the Committee
Reform Amendments of 1974. Rule XI clause 2(m) [House Rules and Manual
Sec. 718 (1979)] contains a general conferral of subpena authority on
all committees.
The principal task of the Committee on Appropriations is its
comprehensive review of the federal budget (7)--a process
oriented toward funding requirements and spending levels as opposed to
explicit statements of any policy implications or legislative concepts.
The latter are matters within the purview of the standing committees
which authorize the particular appropriations. Accordingly, the rules
prohibit any legislation on general appropriation bills as well as the
making of any unauthorized appropriations in general bills.
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7. See Ch. 13 (Powers and Prerogatives of the House) Sec. 21
(Congressional Budget Act), supra.
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In 1973, this joint prohibition was contained within Rule XXI,
which read,(8) as follows:
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8. Rule XXI clause 2, House Rules and Manual Sec. 834 (1973).
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No appropriation shall be reported in any general appropriation
bill, or be in order as an amendment thereto, for any expenditure
not previously authorized by law, unless in continuation of
appropriations for such public works and objects as are already in
progress. Nor shall any provision in any such bill or amendment
thereto changing existing law be in order, except such as being
germane to the subject matter of the bill shall retrench
expenditures by the reduction of the number and salary of the
officers of the United States, by the reduction of the compensation
of any person paid out of the Treasury of the United States, or by
the reduction of amounts of money covered by the bill: Provided,
That it shall be in order further to amend such bill upon the
report of the committee or any joint commission authorized by law
or the House Members of any such commission having jurisdiction of
the subject matter of such amendment, which amendment being germane
to the subject matter of the bill shall retrench expenditures.
While the reporting in general appropriation bills of
appropriations unauthorized by law is expressly forbidden, exceptions
are granted ``in continuation of appropriations for such public works
and objects as are already in progress.'' Interpretation of this
language by precedent has clarified the committee's jurisdictional
authority.(9) Thus, a public work which is continued ``must
not be so conditioned in relation to place as to become a new work.''
(10) An
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9. For more details see Ch. 26, Unauthorized Appropriations;
Legislation on Appropriation Bills, infra.
10. House Rules and Manual Sec. 839 (1979).
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[[Page 2806]]
appropriation for site selection of a public building is not the
equivalent of a public work in progress.'' (11) A general
system of roads on which some work has been done cannot be admitted as
a work in progress.(12) Conversely, the continuation of such
works as a topographical survey, a geological map, the marking of a
boundary line, and the recoinage of coins in the Treasury
(13) are deemed, by precedent, to constitute the
continuation of works in progress.
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11. House Rules and Manual Sec. 839 (1979).
12. House Rules and Manual Sec. 839 (1979).
13. House Rules and Manual Sec. 840 (1979).
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The prohibition against any provision in ``[an appropriation] bill
or amendment thereto changing existing law'' is construed to mean the
enactment of law where none exists (14) or a proposition for
the repeal of existing law.(15) The committee may not report
a bill with a provision construing existing law since such a
proposition, itself, constitutes legislation.(16)
Propositions establishing affirmative directions for executive officers
are also outside the committee's jurisdiction as is the making or
changing of cost limitations involving public works. Limitations on the
use of funds, however, are not forbidden--the theory being that since
the House may decline to appropriate for a purpose authorized by law,
so it may prohibit the use of the money for part of the purpose while
appropriating for the remainder of it.(1)
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14. House Rules and Manual Sec. 842 (1979).
15. House Rules and Manual Sec. 842 (1979).
16. House Rules and Manual Sec. 842 (1979).
1. House Rules and Manual Sec. 843 (1979).
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In addition to works in progress, the other exception to Rule XXI,
clause 2 prohibitions affecting appropriations measures in the ``Holman
rule.'' The latter consists of the language commencing with the second
sentence of clause 2 (i.e., Rule XXI clause 2, House Rules and Manual
Sec. 834 [1979]) and pertains to the permissibility of germane
amendments notwithstanding their legislative effect so long as the
amendments ``shall retrench [i.e., reduce]'' expenditures from the U.S.
Treasury.(2) It should be noted, however, that any
appropriations
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2. The Holman rule also permits the offering of further germane
amendments retrenching expenditures when offered by a committee
or commission (authorized by law or by the House) to have
jurisdiction over the subject matter of such amendment.
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[[Page 2807]]
measure or amendment thereto which is purported to fall within the
Holman rule must reduce expenditures on its face; (3) the
mere probability of a reduction in expenditures is insufficient to meet
this obligatory criterion.(4)
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3. House Rules and Manual Sec. 844 (1979).
4. Thus, even a provision reducing the number and salary of certain
officers of the United States does not necessarily comport with
the Holman rule; see 7 Cannon's Precedents Sec. 1500.
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The jurisdiction of the Committee on Appropriations is further
affected by another restriction contained within the House rules
(5) pertaining to general appropriation measures. To wit:
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5. Rule XXI clause 6, House Rules and Manual Sec. 847 (1979).
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No general appropriation bill or amendment thereto shall be
received or considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this provision
shall not apply to appropriations in continuation of appropriations
for public works on which work has commenced.
The foregoing rule notwithstanding, where the reappropriation
language is identical to the language of a legislative authorization
enacted subsequent to the adoption of the rule,(6) the
latter yields to the more recently expressed will of the House evinced
by the law.(7)
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6. The reader should bear in mind that the rules of one Congress do
not automatically govern the next. Each Congress adopts its own
rules.
7. 107 Cong. Rec. 18133, 87th Cong. 1st Sess., Sept. 5, 1961.
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As the precedents reveal, the Committee on Appropriations has
reported measures containing legislation which did not fall within the
exceptions specified in the rules. Such instances occur where the
measure is not a general appropriation bill (8) or where an
express waiver is granted by the House.(9)
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8. See Sec. 31.8, infra.
9. See Sec. Sec. 31.1, 31.3, infra.
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The investigative jurisdiction of the Committee on Appropriations
overlaps with the jurisdiction of the Committee on Government
Operations and with the jurisdiction of the Committee on Ways and
Means. The rules (10) charge the Committee on Government
Operations with the duty of ``studying the operation of Government
activities at all levels with a view to determining its economy and
efficiency.'' Although this would seem to conflict with the oversight
responsibilities of the Committee on Appropriations, no
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10. Rule XI clause 8, House Rules and Manual Sec. 691 (1973). See also
Rule X clause 1(i), House Rules and Manual Sec. 678 (1979).
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[[Page 2808]]
significant jurisdictional conflict has resulted. The jurisdiction of
the Committee on Ways and Means, however, extends to major entitlement
spending authorities resulting in significant impacts on the budget.
This impact on the budget is derived from certain permanent
spending authorities which fall within the jurisdiction of the
Committee on Ways and Means such as social security, medicare, interest
on the national debt, general revenue sharing (after 1974, within
jurisdiction of Committee on Government Operations), public assistance
grants, and other social services and benefits.(11) It has
been estimated that in light of such permanent spending authorities, in
1973, the Committee on Appropriations ``has effective control over only
about 44 percent of net budget authority.'' (12) The
Committee on Appropriations must, however, recommend appropriations of
funds to finance entitlement spending programs within the jurisdiction
of other committees.
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11. Robert C. Ketcham, ``Monographs on the Committees of the House of
Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974),
committee print, p. 12.
12. Id.
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As a final note, it should be borne in mind that the committee's
jurisdictional control over appropriations sometimes had been eroded by
the historical growth of so-called ``back door'' appropriations.
Programs of such magnitude as revenue sharing, highway trust funds,
public works projects, and mass transit have come ``through the `back
door.' ''(13) Four types of ``back door'' funding mechanisms
have been defined, as follows:
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13. Id. at p. 14.
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(1) Borrowing authority--the authority to obligate and spend
from funds obtained by borrowing from the general public by either
the Secretary of the Treasury or by a federal agency or
corporation.
(2) Contract authority--the requirement of subsequent action in
appropriations bills to liquidate a contractual obligation that the
Executive Department has made under its authority to enter into
contracts.
(3) Permanent appropriations--those which provide for specific
amounts of time in a definite or indefinite amount (i.e., interest
on the public debt, revenue sharing).
(4) Mandatory entitlements--instances in which the Federal
Government is obligated to pay benefits established by law.
Parliamentarian's Note: The common element in each of these funding
mechanisms was the inability of the Committee on Appropriations to
limit in advance of the obligation being incurred the amount of the
obligation.(14)
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14. Note: Under the Congressional Budget Act of 1974 [88 Stat. 297, 31
USC Sec. Sec. 1302-1353], certain types of borrowing
(Sec. 401(a)), contract (Sec. 401(a)), and entitlement
authority (Sec. 401(b)) may not be included in legislation,
unless limited by amounts in advance in appropriations acts,
and points of order may be raised against the bills pursuant to
the Budget Act provisions. Thus, an enforcement mechanism
against backdoor spending has emerged. See House Rules and
Manual Sec. 1008 (1979).
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[[Page 2809]]
Effective on July 12, 1974, the Congressional Budget Act of 1974
granted to the Committee on Appropriations jurisdiction over
rescissions of appropriations contained in appropriations acts, over
the amount of new spending (contract and indebtedness) authority to be
effective for a fiscal year, and over bills and resolutions reported
from other committees, providing new spending (entitlement) authority
in excess of that allocated to the reporting committee in connection
with the most recently agreed--to concurrent resolution on the budget
for the fiscal year in question.(15)
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15. Pub. L. No. 93-344, Sec. 404(a). See Sec. 401(b)(2) of Pub. L. No.
93-344 for the requirement that certain entitlement bills be
referred to the Committee on Appropriations, and for the
authority of the committee over such measures.
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Effective Jan. 3, 1975, the Committee Reform Amendments of 1974
included within the jurisdiction of the Committee on Appropriations
transfers of unexpended balances,(16) and included within
Rule X clause 4(a)(2), the requirement under the Budget Act that
certain bills and resolutions reported from other committees be
referred to the Committee on Appropriations for not to exceed 15
legislative days.(17) Thus in the 94th Congress, the
jurisdiction of the committee read as follows:
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16. H. Res. 988, Sec. 301, 120 Cong. Rec. 34447-70, Oct. 8, 1974.
17. H. Res. 988, Sec. 101.
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(b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the
Government.
(2) Rescissions of appropriations contained in appropriation
Acts.
(3) Transfers of unexpended balances.
(4) The amount of new spending authority (as described in the
Congressional Budget Act of 1974) which is to be effective for a
fiscal year, including bills and resolutions (reported by other
committees) which provide new spending authority and are referred
to the committee under clause 4(a).
The committee shall include separate headings for
``Rescissions'' and ``Transfers of Unexpended Balances'' in any
bill or resolution as reported from the committee under its
jurisdiction specified in subparagraph (2) or (3), with all
proposed rescissions and proposed transfers listed therein; and
shall include a separate section with respect to such rescissions
or transfers in the accompanying committee report.
[[Page 2810]]
In addition to its jurisdiction under the preceding provisions of
this paragraph, the committee shall have the fiscal oversight
function provided for in clause 2(b)(3) and the budget hearing
function provided for in clause 4(a).
Parliamentarian's Note: The language ``transfers of unexpended
balances'' refers to transfers of appropriations within the confines of
the same bill, which are normally considered in order on a general
appropriation bill. These should be distinguished from reappropriations
of unexpended, or lapsed, balances, which are prohibited by Rule XXI
clause 6, House Rules and Manual Sec. 847 (1979). Under the latter
rule, a provision in an appropriation bill permitting an appropriation
previously made (in another act) to be used for a new purpose is not in
order. -------------------
Express House Authorization to Incorporate Specific Legislation in Any
General or Special Appropriation Measure
Sec. 31.1 The Committee on Appropriations has been authorized by
resolution to investigate allegations that certain federal
employees were unfit to continue in that employment by reason of
association with subversive groups and to incorporate legislation
approved by the committee emanating from the same resolution in any
general or special appropriation measure or to be offered as a
committee amendment to such measure notwithstanding the rules.
On Feb. 9, 1943,(18) Mr. Adolph J. Sabath, of Illinois,
submitted a privileged resolution (H. Res. 105), reported from the
Committee on Rules, which he sent to the desk and called up for
immediate consideration.
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18. 89 Cong. Rec. 734, 78th Cong. 1st Sess.
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The Clerk read the resolution as follows:
Resolved, That the Committee on Appropriations, acting through
a special subcommittee thereof appointed by the chairman of such
committee for the purposes of this resolution, is authorized and
directed to examine into any and all allegations or charges that
certain persons in the employ of the several executive departments
and other executive agencies are unfit to continue in such
employment by reason of their present association or membership or
past association or membership in or with organizations whose aims
or purposes are or have been subversive to the Government of the
United States. Such examination shall be pursued with the view of
obtaining all available evidence bearing upon each particular case
and reporting to the House the conclusions of the committee
[[Page 2811]]
with respect to each such case in the light of the factual evidence
obtained. The committee, for the purposes of this resolution, shall
have the right to report at any time by bill, amendment, or
otherwise, its findings and determination. Any legislation approved
by the committee as a result of this resolution may be incorporated
in any general or special appropriation measure emanating from such
committee or may be offered as a committee amendment to any such
measure notwithstanding the provisions of clause 2 of rule XXI.
For the purposes of this resolution, such committee or any
subcommittee thereof is hereby authorized to sit and act during the
present Congress at such times and places within the United States,
whether the House is in session, has recessed, or has adjourned, to
hold such hearings, to require the attendance of such witnesses,
and the production of such books or papers or documents or vouchers
by subpena or otherwise, and to take such testimony and records as
it deems necessary. Subpenas may be issued over the signature of
the chairman of the committee or subcommittee, or by any person
designated by him, and shall be served by such person or persons as
the chairman of the committee or subcommittee may designate. The
chairman of the committee or subcommittee, or any member thereof,
may administer oaths to witnesses.
With the following committee amendment:
Page 2, line 4, after the period, strike out all of the
language following up to the period in line 6.
Immediately thereafter, Speaker Sam Rayburn, of Texas, put the
question on whether the House would consider the resolution, since the
resolution had been called up the same day as reported from the
Committee on Rules. Two-thirds of the House having voted in favor
thereof in the Chair's estimation, the matter was entertained, and
debate ensued. At the conclusion of the debate, none of it touching
upon the aforementioned exception to Rule XXI, the resolution, with the
committee amendment, was agreed to.(19)
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19. Id. at p. 742.
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General Appropriation Bills With Senate Amendments
Sec. 31.2 General appropriation bills with Senate amendments thereto
may be referred to the Committee on Appropriations.
On July 2, 1945,(1) Speaker Sam Rayburn, of Texas,
announced that he had referred H.R. 3368, the ``war agencies bill''
with Senate amendments thereto, to the Committee on Appropriations
pursuant to his discretionary authority under Rule XXIV clause 2,
seldom exercised, to refer Senate amendments to any House-passed bill
to the appropriate committee.(2)
---------------------------------------------------------------------------
1. Cong. Rec. 7142, 79th Cong. 1st Sess.
2. H.R. 3368 was reported by the Committee on Appropriations on July
11, 1945 (H. Rept. No. 880).
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[[Page 2812]]
Legislation in Appropriation Bills
Sec. 31.3 The Chairman of the Committee on Appropriations has addressed
himself to the use of resolutions reported by the Committee on
Rules and adopted by the House, waiving points of order against
noncontroversial legislation in appropriation bills.
On Mar. 23, 1945,(3) the House entertained consideration
of a resolution (H. Res. 194), reported from the Committee on Rules
which called for the waiver of points of order against legislative
provisions in an agricultural appropriations bill (H.R.
2689).(4)
---------------------------------------------------------------------------
3. 91 Cong. Rec. 2668, 79th Cong. 1st Sess.
4. For discussion of this subject in general, see Ch. 26, Legislation
in Appropriation Bills, infra.
---------------------------------------------------------------------------
In the course of that consideration, Speaker Sam Rayburn, of Texas,
recognized (5) Clarence Cannon, of Missouri, Chairman of the
Committee on Appropriations, who elaborated, in part, on the practice
of his committee with respect to requesting such resolutions.
Said Mr. Cannon: (6) May I again allude to the long-
established policy of the committee, which the members of the
committee have so frequently emphasized from the well of this
House, under which the Committee on Appropriations does not include
new or controversial legislation in its bills. Our bills are
uniformly clean of any new legislation, any major legislation. We
include only those provisions which have been carried in the bills
for many years by both parties, or of an emergency nature, on which
there is general agreement. In this instance, the great Committee
on Agriculture, which has jurisdiction, approved the bill and the
Committee on Rules approved it; otherwise we would not have
reported it to the House.
---------------------------------------------------------------------------
5. 91 Cong. Rec. 2671, 79th Cong. 1st Sess.
6. Id. at p. 2672.
---------------------------------------------------------------------------
Sec. 31.4 The Chairman of the Committee on Appropriations gave notice
to the executive departments and the legislative committees that in
the next session of Congress nothing would be included in any
appropriation bill which was not specifically authorized by law
regardless of custom or urgency.
On Mar. 23, 1945,(7) as the House considered a
resolution (H. Res. 194), waiving points of order against legislative
provisions in an upcoming appropriations bill (H.R.
2689),(8) Speaker Sam Ray
---------------------------------------------------------------------------
7. 91 Cong. Rec. 2671, 79th Cong. 1st Sess.
8. For further discussion of this subject, see Ch. 26, Legislation in
Appropriation Bills, infra.
---------------------------------------------------------------------------
[[Page 2813]]
burn, of Texas, recognized Clarence Cannon, of Missouri, Chairman of
the Committee on Appropriations, who made the following remarks, among
others: (9)
---------------------------------------------------------------------------
9. 91 Cong. Rec. 2672, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
. . . I would like to take advantage of the opportunity to add
as an individual member of the committee that in view of the fact
that points of order have been so persistently raised on this bill
that the Committee on Appropriations should in the future,
notwithstanding the needs of the departments in the transaction of
their routine business, be like Caesar's wife: innocent of even the
implication of any infringement upon any rule or practice of the
House. I should like to give notice to the departments, to the
legislative committees of the House and to all concerned that in
the next session nothing will be included in any appropriation
bill, however customary or however urgent, that is not specifically
authorized by law. I trust this notice is in ample time to permit
any department to make application to legislative committees having
jurisdiction, and in time for such committees to report such
authorization, if they so desire.
Monthly Budget Summary
Sec. 31.5 The Committee on Appropriations has been authorized to insert
in the Congressional Record a summary of national budget receipts
and expenditures each month of a session.
On Mar. 11, 1963,(10) Mr. Clarence Cannon, of Missouri,
initiated the following exchange with the Speaker:
---------------------------------------------------------------------------
10. 109 Cong. Rec. 3943, 3944, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Speaker, the Committee on Appropriations each month makes a
concise summary of current budget results in relation to the
previous year and the current budget estimates.
For the information of Members and others who may find it of
interest, I ask unanimous consent to include in the Record a
synoptic tabulation of the trend of net budget receipts and
expenditures in the current fiscal year 1963 with comparisons to
the official budget estimates for the fiscal year 1963 and to
corresponding actual data for the previous fiscal year 1962.
The Speaker: (11) Without objection, it is so
ordered.
---------------------------------------------------------------------------
11. John W. McCormack (Mass.).
---------------------------------------------------------------------------
There was no objection.
Following the insertion of the above-mentioned summary, Mr. Cannon
made this request:
Mr. Speaker, I ask unanimous consent that we may have leave to
insert a similar type of statement each month of the session.
The Speaker: Is there objection to the request of the gentleman
from Missouri?
There was no objection.
Previously Appropriated Revenues
Sec. 31.6 The Committee on Appropriations, under the
[[Page 2814]]
rules, does not have jurisdiction over a proposition amending
section 305 of the Higher Education Facilities Act of 1963 to make
the revolving loan fund therein, which consists of funds already
appropriated for one purpose, available for a new purpose.
On Oct. 27, 1971,(12) pursuant to a special rule (H.
Res. 661), the House resolved itself into the Committee of the Whole
for the consideration of a bill (H.R. 7248), to amend and extend the
Higher Education Act of 1965 and other acts dealing with higher
education.(13)
---------------------------------------------------------------------------
12. 117 Cong. Rec. 37769, 92d Cong. 1st Sess.
13. Id. at p. 37765.
---------------------------------------------------------------------------
House Resolution 661 provided, among other things, that an
amendment in the nature of a substitute recommended by the Committee on
Education and Labor would be treated as an original bill, and all
points of order against the amendment for failure to comply with the
provisions of Rule XVI clause 7,(14) and Rule XXI clause
4,(15) would be waived. The resolution further provided
that:
---------------------------------------------------------------------------
14. This clause read [see Rule XVI clause 7, House Rules and Manual
Sec. Sec. 793 794 (1973)] as follows: ``A motion to strike out
and insert is indivisible, but a motion to strike out being
lost shall neither preclude amendment nor motion to strike out
and insert; and no motion or proposition on a subject different
from that under consideration shall be admitted under color of
amendment.''
15. This clause [see Rule XXI clause 4, House Rules and Manual Sec. 846
(1973)] provided: ``No bill or joint resolution carrying
appropriations shall be reported by any committee not having
jurisdiction to report appropriations, nor shall an amendment
proposing an appropriation be in order during the consideration
of a bill or joint resolution reported by a committee not
having that jurisdiction. A question of order on an
appropriation in any such bill, joint resolution, or amendment
thereto may be raised at any time.''
---------------------------------------------------------------------------
. . . [A]ll titles, parts, or sections of the said substitute,
the subject matter of which is properly within the jurisdiction of
any other standing committee of the House of Representatives, shall
be subject to a point of order for such reason if such point of
order is properly raised during the consideration of H.R. 7248.
After considerable discussion the Committee rose,(16)
and Chairman James C. Wright, Jr., of Texas, reported to Speaker Carl
Albert, of Oklahoma, that the Committee had come to no resolution on
the bill. The next day, however, on Oct. 28, 1971,(17) the
---------------------------------------------------------------------------
16. 117 Cong. Rec. 37812, 92d Cong. 1st Sess.
17. 117 Cong. Rec. 38036, 92d Cong. 1st Sess.
---------------------------------------------------------------------------
[[Page 2815]]
Committee reconvened, and H.R. 7248 was considered again.
In the course of that further consideration, a point of order was
raised (18) with respect to section 712 of the amendment in
the nature of a substitute. Section 712 amended existing law so as to
enable a revolving loan fund to be utilized to provide loan insurance.
As the following exchange reveals, this was thought by Mr. Frank T.
Bow, of Ohio, to infringe upon the jurisdiction of the Committee on
Appropriations:
---------------------------------------------------------------------------
18. Id. at p. 38077.
---------------------------------------------------------------------------
Mr. Bow: Mr. Chairman, I make a point of order against lines 5
through 19 on page 173 on the ground that it constitutes an
appropriation of the revenue of the support of the Government which
falls within the jurisdiction of the Committee on Appropriations
under the provisions of rule 11, clause 2.(19)
---------------------------------------------------------------------------
19. The jurisdiction of the Committee on Appropriations [see Rule XI
clause 2, House Rules and Manual Sec. 679 (1973)] extends to
all matters relating to the appropriation of revenue for the
support of the government.
---------------------------------------------------------------------------
Now, under the rude, if adopted, there is a waiver of
appropriations under clause 4 of rule 21 and clause 7 of rule 16.
However, under the rule to which I refer, which gives the Committee
on Appropriations the jurisdiction to appropriate revenue for the
support of the Government, it is not waived and the rule under
which we are now working provides that ``all titles, parts, or
sections of the said substitute, the subject matter of which is
properly within the jurisdiction of any other standing committee of
the House of Representatives, shall be subject to a point of order
for such reason if such point of order is properly raised during
the consideration of H.R. 7248.''
This is not a transfer of funds. This is the incorporation of a
revolving fund into an insurance fund. This is properly within the
jurisdiction of the Appropriations Committee.
Under the rule under which we are operating, although they have
waived some of the rules on appropriations, there was no waiver of
rule XI, clause 2.
Therefore, Mr. Chairman, I insist upon my point of order
providing for the jurisdiction of the Appropriations Committee.
The Chairman: Does any other Member desire to be heard on the
point of order?
If not, the Chair is prepared to rule.
It is quite true as the gentleman from Ohio points out that the
rule under which this bill is being considered expressly makes in
order any point of order against any title, part, or section of the
committee substitute which falls properly within the jurisdiction
of any other standing committee of the House of Representatives.
The Chair has referred to rule XI(2) (a) to which the gentleman
from Ohio makes reference and in which jurisdiction over certain
matters is given to the Committee on Appropriations.
Subparagraph (a) the Chair observes that the Committee on
Appropriations is to be given jurisdiction over the appropriation
of the revenues for the sup
[[Page 2816]]
port of the Government. It appears to the Chair that the language
in the section under dispute, section 712, refers not to an
appropriation of revenues, but to a use of revenues which already
have been appropriated and that the reappropriation of these
revenues would not fall within the exclusive jurisdiction of the
Committee on Appropriations. For those reasons, the Chair is
constrained to overrule the point of order.
The point of order is overruled.
Public Buildings Act Project; Prospectus Approval
Sec. 31.7 A communication from the Chairman of the Committee on Public
Works, advising of the approval of a prospectus for a project under
the Public Buildings Act of 1959, is laid before the House and
referred to the Committee on Appropriations.
On Apr. 19, 1961,(20) Speaker Sam Rayburn, of Texas,
laid before the House the following communication from Charles A.
Buckley, of New York, Chairman of the Committee on Public Works:
---------------------------------------------------------------------------
20. 107 Cong. Rec. 6284, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
My Dear Mr. Speaker: Pursuant to the provisions of section 7(a)
of the Public Buildings Act of 1959, the Committee on Public Works
of the House of Representatives approved on April 18, 1961, a
prospectus for the following public building project which was
transmitted to this committee from the General Services
Administration: Macon, Ga., Post Office and Federal Office
Building.
This message was then referred to the Committee on
Appropriations.(21)
---------------------------------------------------------------------------
21. Communications under the Public Buildings Act are customarily
referred in this manner, pursuant to the law. For a similar
instance, see 106 Cong. Rec. 4223, 86th Cong. 2d Sess., Mar. 2,
1960.
---------------------------------------------------------------------------
Special Appropriation Bills Containing Legislative Provisions
Sec. 31.8 The Committee on Appropriations has jurisdiction over a bill
providing ``special'' appropriations even if it contains
legislative provisions, and no point of order lies against such
legislative provisions under Rule XXI clause 2, as the restrictions
contained therein apply only to general appropriation bills.
On June 16, 1939,(1) the House resolved itself into the
Committee of the Whole for the further consideration of a joint
resolution (H.J. Res. 326), making appropriations for work relief,
relief, and to
---------------------------------------------------------------------------
1. 84 Cong. Rec. 7282, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
[[Page 2817]]
increase employment by providing loans and grants for public works
projects for the fiscal year ending June 30, 1940. The measure had been
reported to the House by the Committee on Appropriations (2)
and had been made in order by unanimous consent.(3)
---------------------------------------------------------------------------
2. 84 Cong. Rec. 7198, 76th Cong. 1st Sess., June 14, 1939.
3. 84 Cong. Rec. 7018, 76th Cong. 1st Sess., June 12, 1939.
---------------------------------------------------------------------------
Among the many sections of the measure, in addition to the specific
language appropriating funds from the Treasury, were the following:
(4)
---------------------------------------------------------------------------
4. 84 Cong. Rec. 7345, 76th Cong. 1st Sess., June 16, 1939.
---------------------------------------------------------------------------
Sec. 29. (a) It shall be unlawful for any person knowingly to
solicit, or knowingly be in any manner concerned in soliciting, any
assessment, subscription, or contribution for the campaign expenses
of any individual or political party from any person entitled to or
receiving compensation or employment provided for by this title.
(b) Any person who knowingly violates any provision of this
section shall be guilty of a felony and, upon conviction, shall be
fined not more than $1,000 or imprisoned for not more than 1 year,
or both. The provisions of this section shall be in addition to,
not in substitution for, any other section of existing law, or of
this title.
Sec. 30. (a) It shall be unlawful for any person, directly or
indirectly, to promise any employment, position, work,
compensation, or other benefit, provided for or made possible by
this title, or any other act of the Congress, to any person as
consideration, favor, or reward for any political activity or for
the support of or opposition to any candidate or any political
party in any election.
(b) Except as may be required by the provisions of subsection
(b) of section 31 hereof, it shall be unlawful for any person to
deprive, attempt to deprive, or threaten to deprive, by any means,
any person of any employment, position, work, compensation, or
other benefit, provided for or made possible by this title, on
account of race, creed, color, or any political activity, support
of, or opposition to any candidate or any political party in any
election.
(c) Any person who knowingly violates any provision of this
section shall be guilty of a felony and, upon conviction, shall be
fined not more than $1,000 or imprisoned for not more than 1 year,
or both. The provisions of this section shall be in addition to,
not in substitution for, any other sections of existing law, or of
this title.
Sec. 31. (a) It shall be unlawful for any person employed in
any administrative or supervisory capacity by any agency of the
Federal Government, whose compensation or any part thereof is paid
from funds authorized or appropriated by this title, to use his
official authority or influence for the purpose of interfering with
an election or affecting the results thereof. While such persons
shall retain the right to vote as they please and to express
privately their opinions on all political subjects, they shall take
no active part, directly or indirectly, in political management or
in political campaigns or in political conventions.
[[Page 2818]]
(b) Any person violating the provisions of this section shall
be immediately removed from the position or office held by him, and
thereafter no part of the funds appropriated by this title shall be
used to pay the compensation of such person. The provisions of this
section shall be in addition to, not in substitution for, any other
sections of existing law, or of this title.
In the course of the bill's consideration, Chairman of the
Committee of the Whole, John W. McCormack, of Massachusetts, recognized
Mr. Claude V. Parsons, of Illinois, who initiated the following
exchange with respect to the aforementioned sections: (5)
---------------------------------------------------------------------------
5. 84 Cong. Rec. 7365, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. Chairman, I rise to make the point of order against
sections 29, 30, and 31, on page 27, on the ground that this is an
appropriation bill, and the sections mentioned are legislation on
an appropriation bill. Also, I make the point of order that in
addition to its being legislation on an appropriation bill contrary
to existing law, the language seeks to enact penalties involving
far-reaching consequences to practically everyone outside of the W.
P. A. appropriation bill. This point was brought up 1 year ago when
something like the same language was used in this bill, and the
language was ruled out on a point of order.(6)
---------------------------------------------------------------------------
6. Rule XXI clause 2, provided then, as in 1973, that ``No
appropriations shall be reported in any general appropriation
bill, or be in order as an amendment thereto, for any
expenditure not previously authorized by law, unless in
continuation of appropriations for such public works and
objects as are already in progress. Nor shall any provision in
any such bill or amendment thereto changing existing law be in
order, except such as being germane to the subject matter of
the bill shall retrench expenditures. . . .'' [H. Jour. 1122,
76th Cong. 1st Sess. (1939); Rule XXI clause 2, House Rules and
Manual Sec. 834 (1973)].
---------------------------------------------------------------------------
The Chairman: The Chair is prepared to rule. On May 21, 1937,
in connection with the W. P. A. relief bill, which was under
consideration at the time, the Chairman, Mr. O'Connor, ruled on the
identical question which the gentleman from Illinois has raised and
on that occasion the Chairman said:
The bill in question is not a general appropriation bill
and, therefore, clause 2 of rule XXI does not apply.
Following that precedent, the Chair overrules the point of
order.
Mr. Parsons: But, Mr. Chairman, the Chair does not take into
consideration the point I raised that the language seeks to impose
penalties involving every person outside of the W. P. A.
The Chairman: The ruling which the Chair has just quoted
applies also to the point of order raised by the gentleman on the
matter of penalties.
Shortly after this exchange, another point of order was raised by
Mr. Jack Nichols, of Oklahoma, who stated: (7)
---------------------------------------------------------------------------
7. 84 Cong. Rec. 7366, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
[[Page 2819]]
I make a point of order, Mr. Chairman, against section 30 of
the bill and direct the attention of the Chair to that language in
section 30 of the bill, in line 23, which reads, ``or any other act
of the Congress''; for the reason that it is legislation on an
appropriation bill and it goes far beyond the purview of the
instant bill under consideration and is not germane to this bill.
As Mr. Nichols elaborated under the Chair's questioning:
Of course, I thoroughly understood the ruling of the Chair on
the point of order raised by the gentleman from Illinois. I want to
read, for the benefit of the Chair . . . section 30:
It shall be unlawful for any person, directly or
indirectly, to promise any employment, position, work,
compensation, or other benefit provided for or made possible by
this title--
Up to that point I quite agree with the ruling of the Chair--
or any other act of the Congress--
Which is the part of the section to which I direct my point of
order.
Now, this bill is brought to the floor of the House by the
Committee on Appropriations. While I have been a Member of this
body only a limited number of years and while I have no disposition
to argue with the ruling of the Chair, if my feeble conception of
the rules of the House has taught me anything it has taught me that
legislation in an appropriation bill can only place a limitation on
the appropriation.
At this juncture, Mr. Clifton A. Woodrum, of Virginia, contended
that:
The gentleman has an improper premise. This is not an
appropriation bill. It is a general legislative bill.
Mr. Nichols took exception to that position after which Mr. Herman
P. Eberharter, of Pennsylvania, obtained the floor and stated:
I just want to call the attention of the Chair to the title of
the bill, which reads:
Joint resolution making appropriations for work relief,
relief, and to increase employment by providing loans and
grants for public-works projects, for the fiscal year ending
June 30, 1940.
The title of the bill says nothing whatever about regulation or
legislation in any respect whatsoever, and is nothing except an
appropriation bill under its title.
The Chair then announced he was ready to rule and rendered the
following decision:
The Chair will state that the title of a bill is merely for the
purpose of identification. The position taken by the gentleman from
Oklahoma, as well as that taken by the gentleman from Illinois,
would have been correct, in the opinion of the Chair, if applied to
a general appropriation bill; but in the opinion of the Chair there
is a clear distinction between a general appropriation bill and the
joint resolution pending before the Committee today, which is a
combination of appropriation and legislation.
When this bill was introduced on June 13 it was referred by the
Speaker to the Committee on Appropriations and reported by the
Committee on Appropriations and is being considered now as the
result of a unanimous-consent agreement.
[[Page 2820]]
This bill not being a general appropriation bill, but being
legislative in character, the Chair is constrained to rule that the
point of order of the gentleman from Oklahoma is not well taken.
For the reasons stated the point of order is
overruled.(8)
---------------------------------------------------------------------------
8. General and special appropriation bills are distinguished in Chs.
25 and 26, infra.
---------------------------------------------------------------------------
Watershed Protection and Flood Prevention Act Plans
Sec. 31.9 A communication from the Chairman of the Committee on
Agriculture, advising of the approval of plans under the Watershed
Protection and Flood Prevention Act, was laid before the House and
referred to the Committee on Appropriations.
On May 21, 1959,(9) Speaker Sam Rayburn, of Texas,
placed before the House the following communication from Harold D.
Cooley, of North Carolina, Chairman of the Committee on Agriculture:
---------------------------------------------------------------------------
9. 105 Cong. Rec. 8808, 86th Cong. 1st Sess.
---------------------------------------------------------------------------
Dear Mr. Speaker: Pursuant to the provisions of section 2 of
the Watershed Protection and Flood Prevention Act, as amended, the
Committee on Agriculture has today considered the work plans
transmitted to you by Executive Communication 921 and referred to
this committee and unanimously approved each of such plans. The
work plans involved are:
State and Watershed
Alabama: Little Paint Creek.
Iowa: Big Park.
Tennessee: Jennings Creek.
Utah: American Fork-Dry Creek.
The message was then referred to the Committee on
Appropriations.(10)
---------------------------------------------------------------------------
10. For a similar instance, see 105 Cong. Rec. 3042, 3043, 86th Cong.
1st Sess., Feb. 26, 1959.
---------------------------------------------------------------------------
Parliamentarian's Note: The Speaker refers to the Committee on
Appropriations communications from the Chairmen of the Committees on
Agriculture and Public Works, respectively, advising the Speaker of
approval of plans under the provisions of the Watershed Protection and
Flood Prevention Act [16 USC Sec. 1002] which prohibit appropriations
from being made prior to such approval.
Sec. 31.10 A communication from the Chairman of the Committee on Public
Works, advising of the approval of plans under the Watershed
Protection and Flood Prevention Act, was laid before the House by
the Speaker and referred to the Committee on Appropriations.
[[Page 2821]]
On June 8, 1959,(11) Speaker Sam Rayburn, of Texas, laid
before the House the following communication from Charles A. Buckley,
of New York, Chairman of the Committee on Public Works:
---------------------------------------------------------------------------
11. 105 Cong. Rec. 10164, 86th Cong. 1st Sess.
---------------------------------------------------------------------------
Dear Mr. Speaker: Pursuant to the provisions of section 2 of
the Watershed Protection and Flood Prevention Act, as amended, the
Committee on Public Works has approved the work plans transmitted
to you which were referred to this committee. [The work plans were
here set forth.]
This information, in its entirety, was then referred to the
Committee on Appropriations.(12)
---------------------------------------------------------------------------
12. For a similar instance, see 105 Cong. Rec. 3784, 86th Cong. 1st
Sess., Mar. 10, 1959.
---------------------------------------------------------------------------