[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[B. Appropriations for Unauthorized Purposes]
[§ 16. Federal Employment]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 5523-5526]
CHAPTER 26
Unauthorized Appropriations; Legislation on Appropriation Bills
B. APPROPRIATIONS FOR UNAUTHORIZED PURPOSES
Sec. 16. Federal Employment
Overseas Allowances
Sec. 16.1 Language in a general appropriation bill providing funds and
authority for an overseas allowance for employees of the Foreign
Claims Settlement Commission, ``similar to the allowance
established by law for Foreign Service personnel,'' was conceded to
be unauthorized and not in order in a general appropriation bill.
On Aug. 26, 1960,(15) during consideration in the
Committee of the Whole of a supplemental appropriation bill (H.R 12740)
the following point of order was raised:
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15. 106 Cong. Rec. 17899, 86th Cong. 2d Sess.
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Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make a point of
order against the language in the bill on page 7, beginning on line
11, running through line 4 on page 8, as being legislation on an
appropriation bill. The language referred to is as follows:
Foreign Claims Settlement Commission
Salaries and expenses
For an additional amount for ``Salaries and expenses,''
including allowances and benefits similar to those provided by
title nine of the Foreign Service Act of 1946, as amended, as
[[Page 5524]]
determined by the Commission; expenses of packing, shipping,
and storing personal effects of personnel assigned abroad;
rental or lease, for such periods as may be necessary, of
office space and living quarters for personnel assigned abroad;
maintenance, improvement, and repair of properties rented or
leased abroad, and furnishing fuel, water, and utilities for
such properties; hire of passenger motor vehicles abroad;
insurance on official motor vehicles abroad; and advances of
funds abroad; $145,000: Provided, That the limitation under
this head in the General Government Matters Appropriation Act,
1961, on the amount available for expenses of travel, is
increased from ``$10,000'' to ``$20,000''.
The Chairman: (16) Does the gentleman from Texas
desire to be heard on the point of order?
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16. Herbert C. Bonner (N.C.).
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Mr. [Albert] Thomas [of Texas]: Mr. Chairman, the gentleman
from Iowa is right. This is the first time that these people have
operated overseas and they asked for a little overseas allowance
The Bureau of the Budget recommended it. We did not feel that we
wanted to be the least bit oppressive on it. Mr. Chairman, the
point of order is conceded.
The Chairman: The point of order made by the gentleman from
Iowa is sustained.
Representation Allowances
Sec. 16.2 Language in a general appropriation bill providing funds for
the National Aeronautics and Space Administration for
``representation allowances overseas and official entertainment
expenses, to be expended upon the approval or authority of the
Administrator,'' was held to be legislation and not in order.
On June 29, 1959,(17) during consideration in the
Committee of the Whole of a supplemental appropriation bill (H.R 7978),
a point of order was raised against the following provision:
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17. 105 Cong. Rec. 12125, 12126, 86th Cong. 1st Sess.
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The Clerk read as follows:
For contractual research, development, operations,
technical services, repairs, alterations, and minor
construction, and for supplies, materials, and equipment
necessary for the conduct and support of aeronautical and space
research and development activities of the National Aeronautics
and Space Administration, including not to exceed $5,000 for
representation allowances overseas and official entertainment
expenses, to be expended upon the approval or authority of the
Administrator. . . .
Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make the point of
order against the language on page 4, beginning with the word
``including'' in line 10 and running through the word
``Administrator'' in line 13, on the ground that it is legislation
on an appropriation bill. . . .
The Chairman: (18) The Chair recognizes the
gentleman from Texas (Mr. Thomas) on the point of order.
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18. Paul J. Kilday (Tex.).
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Mr. [Albert] Thomas: I cannot recall that there was any
legislation au
[[Page 5525]]
thorizing this entertainment fund for the Administrator. We reduced
it drastically as it was sent up by the Bureau of the Budget.
Perhaps it would serve a useful purpose. I think the gentleman's
point of order is good and I concede it.
The Chairman: The gentleman from Texas concedes the point of
order. The Chair sustains the point of order.
Sec. 16.3 A section of a general appropriation bill authorizing the
Secretaries of Labor and Health, Education, and Welfare to use
funds in the bill for official reception and representation
expenses was conceded to be unauthorized and was ruled out in
violation of Rule XXI clause 2.
On June 27, 1974,(19) during consideration in the
Committee of the Whole of H.R. 15580 (Departments of Labor and Health,
Education, and Welfare appropriations), a point of order was sustained
against the following provision:
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19. 120 Cong. Rec. 21686, 21687, 93d Cong. 2d Sess.
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The Clerk read as follows:
Sec. 404. The Secretary of Labor and the Secretary of
Health, Education, and Welfare are each authorized to make
available not to exceed $7,500 from funds available for
salaries and expenses under titles I and II, respectively, for
official reception and representation expenses.
Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make a point of
order against the language to be found on page 37, beginning with
line 21 and running through line 25 as being appropriation not
authorized by law. . . .
Mr. [Daniel J.] Flood [of Pennsylvania]: It is the entire
section 404?
Mr. Chairman, we concede the point of order.
The Chairman: (20) The point of order is conceded
and sustained.
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20. James C. Wright, Jr. (Tex.).
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Funds for Presidential Commission
Sec. 16.4 A lump-sum amount for the Civil Service Commission contained
in a general appropriation bill was conceded to be in violation of
Rule XXI clause 2 where it was shown that a portion of that amount
was intended to fund the President's Commission on Personnel
Interchange--a Commission established solely by Executive order and
not created by law.
On June 25, 1974,(1) during consideration in the
Committee of the Whole of the Department of Treasury, Postal Service,
and Executive Office appropriation bill, a
[[Page 5526]]
point of order was sustained as indicated below:
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1. 120 Cong. Rec. 21036, 21037, 93d Cong. 2d Sess.
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The Chairman: (2) The Clerk will read.
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2. B. F. Sisk (Calif.).
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The Clerk read as follows:
For necessary expenses, including services as authorized by
5 U.S.C. 3109 . . . not to exceed $2,500 for official reception
and representation expenses; and advances or reimbursements to
applicable funds of the Commission and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422
of January 9, 1953, as amended; $90,000,000 together with not
to exceed $18,698,000 for current fiscal year administrative
expenses for the retirement and insurance programs to be
transferred from the appropriate trust funds of the Commission
in amounts determined by the Commission without regard to other
statutes: Provided, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
for administrative expenses of effecting statutory annuity
adjustments. . . .
Mr. [Charles A.] Vanik [of Ohio]: Mr. Chairman, I make a point
of order on the language beginning at line 12 on page 12 of this
bill with the figures ``$90,000,000'' through line 20 ending in the
word ``adjustments.''. . .
Mr. Chairman, it is my understanding that there is in fact no
authorization for the President's Commission on Personnel
Interchange for which $353,000 is herein requested. It was created
solely by Executive Order 11451 on January 19, 1969.
This House rule is supported in this regard by title 36 of the
United States Code, section 673, which also indicates that no funds
should be expended by this body without authorization. The full
section of the law reads as follows:
Title 36, Section 673
No part of the public monies, or of any appropriation made
by Congress, shall be used for the payment of compensation or
expenses of any commission, council or other similar body, or
any members thereof, or for expenses in connection with any
work or the results of any work or action of commission,
council, board, or similar body, unless the creation of the
same shall be or shall have been authorized by law; nor shall
there be employed any detail hereafter or heretofore made or
otherwise personal services from any Executive Department or
other Government establishment in connection with any such
commission, council, board, or similar body. . . .
The Chairman: Does the gentleman from Oklahoma desire to be
heard on the point of order?
Mr. [Tom] Steed [of Oklahoma]: Mr. Chairman, we concede the
point of order.
The Chairman: The gentleman from Oklahoma (Mr. Steed) concedes
the point of order.
The point of order is sustained.