[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[C. Provisions as "Changing Existing Law," Generally]
[§ 38. Reimbursements]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 5879-5893]
CHAPTER 26
Unauthorized Appropriations; Legislation on Appropriation Bills
C. PROVISIONS AS ``CHANGING EXISTING LAW,'' GENERALLY
Sec. 38. Reimbursements
As used in this section, the term ``reimbursements'' refers to the
use of generated proceeds to repay funds.(13) This section
also addresses the consequences of provisions requiring repayments,
refunds and other mechanisms generating funds from other than direct
appropriations.
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13. See also Sec. 30 (Transfer of Funds Not Limited to Same Bill),
supra. And see Ch. 25 Sec. 3, supra, for discussion of
reappropriations. -------------------
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Refunds Credited to Current Appropriation
Sec. 38.1 Language in an appropriation bill for emergencies arising in
the Diplomatic and
[[Page 5880]]
Consular Service providing that ``all refunds, repayments, or other
credits on account of funds disbursed under this head shall be
credited to the appropriation for this purpose current at the time
obligations are incurred or such amounts are received'' was
conceded and held to be legislation on an appropriation bill and
not in order.
On Mar. 15, 1945,(14) during consideration in the
Committee of the Whole of a general appropriation bill (H.R. 2603), a
point of order was raised against the following provision:
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14. 91 Cong. Rec. 2305, 79th Cong. 1st Sess.
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Emergencies arising in the Diplomatic and Consular Service: To
enable the President to meet unforeseen emergencies arising in the
Diplomatic and Consular Service, to be expended pursuant to the
requirement of section 291 of the Revised Statutes (31 U.S.C. 107),
$16,000,000, of which not to exceed $25,000 shall, in the
discretion of the President, be available for personal services in
the District of Columbia: Provided, That all refunds, repayments,
or other credits on account of funds disbursed under this head
shall be credited to the appropriation for this purpose current at
the time obligations are incurred or such amounts are received.
Mr. [Joseph P.] O'Hara [of Minnesota]: Mr. Chairman, I make the
point of order against the language contained in the paragraph,
beginning in line 11--
That all refunds, repayments, or other credits on account
of funds disbursed under this head shall be credited to the
appropriation for this purpose current at the time obligations
are incurred or such amounts are received--
That it is legislation on an appropriation bill.
Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I concede
the point of order.
The Chairman: (15) The point of order is sustained.
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15. Wilbur D. Mills (Ark.).
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Crediting Proceeds From Sales
Sec. 38.2 A provision in a general appropriation bill that
appropriations contained in the Act may be reimbursed, from the
proceeds of sales of certain material and supplies, for
expenditures incident to such sales, was conceded and held to be
legislation on an appropriation bill and not in order.
On Mar. 29, 1938,(16) during consideration in the
Committee of the Whole of the military appropriation bill (H.R. 9995),
a point of order was raised against the following provision:
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16. 83 Cong. Rec. 4315, 4316, 75th Cong. 3d Sess.
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The Clerk read as follows:
[[Page 5881]]
Sec. 4. Appropriations contained in this act may be
reimbursed from the proceeds of sales of old material,
condemned stores, supplies, or other property of any kind on
account of expenditures from such appropriations incident to
the handling, preparation for sale, sale, and disposition of
such property.
Mr. [J. William] Ditter [of Pennsylvania]: Mr. Chairman, I make
the point of order against the section that it is legislation on an
appropriation bill. If the chairman of the subcommittee requests me
to withhold the point of order so that he may explain to the House
the justification which he or his committee has for including this
section in the bill I shall withhold the point of order for the
time being. . . .
Mr. [J. Buell] Snyder of Pennsylvania: Mr. Chairman, I concede
the point of order is well taken.
The Chairman: (17) The gentleman from Pennsylvania
concedes the point of order to be well taken that this is
legislation on an appropriation bill. The point of order is
sustained.
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17. Luther A. Johnson (Tex.).
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Sec. 38.3 Language in an appropriation bill for maintenance and
operation of air-navigation facilities, for the purchase of food
and other subsistence supplies for resale to employees ``the
proceeds from such resales to be credited to the appropriation from
which the expenditure for such supplies was made'' was conceded and
held to be legislation on an appropriation bill and not in order.
On Mar. 16, 1945,(18) during consideration in the
Committee of the Whole of a general appropriation bill (H.R. 2603), a
point of order was raised against the following provision:
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18. 91 Cong. Rec. 2376, 79th Cong. 1st Sess.
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The Clerk read as follows:
The appropriations ``Maintenance and operation of air-
navigation facilities,'' Office of Administrator of Civil
Aeronautics; ``Salaries and expenses,'' Civil Aeronautics
Board; and ``Salaries and expenses,'' Weather Bureau, shall be
available, under regulations to be prescribed by the Secretary,
for furnishing to employees of the Civil Aeronautics
Administration, the Civil Aeronautics Board, and the Weather
Bureau in Alaska free emergency medical services by contract or
otherwise and medical supplies, and for the purchase,
transportation, and storage of food and other subsistence
supplies for resale to such employees, [the proceeds from such
resales to be credited to the appropriation from which the
expenditure for such supplies was made;] and appropriations of
the Civil Aeronautics Administration and the Weather Bureau,
available for travel, shall be available for the travel
expenses of appointees of said agencies from the point of
engagement in the United States to their posts of duty at any
point outside the continental limits of the United States or in
Alaska.
Mr. [Robert F.] Jones [of Ohio]: Mr. Chairman, a point of
order. On page 75, line 3, the last word ``the'', all of line 4 and
all of line 5. It is legislation on an appropriation bill and in
violation of law.
[[Page 5882]]
Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede
the point of order.
The Chairman: (19) The point of order is sustained.
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19. Wilbur D. Mills (Ark.).
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Commissary Revenue
Sec. 38.4 Language in a general appropriation bill providing that any
part of the appropriation for salaries and expenses, penal and
correctional institutions, shall be reimbursed from commissary
earnings was conceded and held to be legislation on an
appropriation bill and not in order.
On Mar. 16, 1945,(20) during consideration in the
Committee of the Whole of a general appropriation bill (H.R. 2603), a
point of order was raised against the following provision:
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20. 91 Cong. Rec. 2366, 79th Cong. 1st Sess.
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The Clerk read as follows:
Salaries and expenses, penal and correctional institutions:
. . . $13,300,000: Provided, That any part of the
appropriations under this heading used for payment of salaries
of personnel employed in the operation of prison commissaries
shall be reimbursed from commissary earnings, and such
reimbursement shall be in addition to the amounts appropriated
herein. . . .
Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make
the point of order against the language on page 51, beginning with
``Provided'', in line 15. . . .
Mr. [Louis C.] Rabaut [of Michigan]: We concede the point of
order, Mr. Chairman.
The Chairman: (1) The point of order is sustained.
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1. Wilbur D. Mills (Ark.).
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Sec. 38.5 Language in an appropriation bill for contingent expenses,
foreign service, providing that ``reimbursements incident to the
maintenance of commissary service authorized . . . shall be
credited to the appropriation for this purpose current at the time
obligations are incurred or such amounts are received,'' was
conceded and held to be legislation on an appropriation bill and
not in order.
On Mar. 15, 1945,(2) during consideration in the
Committee of the Whole of a general appropriation bill (H.R. 2603), a
point of order was raised against the following provision:
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2. 91 Cong. Rec. 2304, 79th Cong. 1st Sess.
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The Clerk read as follows:
Contingent expenses, Foreign Service: For stationery;
blanks, record and other books; seals, presses, flags; signs;
military equipment and supplies; repairs, alterations,
preservation, and maintenance of
[[Page 5883]]
Government-owned and leased diplomatic and consular properties
in foreign countries. . . . Provided further, That
reimbursements incident to the maintenance of commissary
service authorized under this head shall be credited to the
appropriation for this purpose current at the time obligations
are incurred or such amounts are received.
Mr. [Joseph P.] O'Hara [of Minnesota]: Mr. Chairman, I make a
point of order against the language in the proviso beginning on
line 25, page 15, including all of lines 1, 2, 3, and 4 on page 16,
on the ground that it is legislation on an appropriation bill.
Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede
the point of order.
The Chairman: (3) The point of order is sustained.
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3. Wilbur D. Mills (Ark.).
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Available for Administrative Expenses
Sec. 38.6 A provision in an appropriation bill making appropriations
for the United States Housing Authority and providing ``not to
exceed $1,500,000 shall be available for such expenses incurred at
the site and in connection with the construction of the United
States Housing Authority non-Federal projects and shall be
reimbursed in the discretion of the Administrator by the public
housing agencies constructing such projects and such reimbursements
shall be available for administrative expenses of the Authority,''
was conceded and held to be legislation and not in order on an
appropriation bill.
On Mar. 15, 1939,(4) during consideration in the
Committee of the Whole of the Interior Department appropriation bill
(H.R. 4852), the following proceedings took place:
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4. 84 Cong. Rec. 2780, 76th Cong. 1st Sess.
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United States Housing Authority
Salaries and expenses . . . Provided, That of the $4,500,000
hereby made available for administrative expenses of the Authority,
not to exceed $1,500,000 shall be available for such expenses
incurred at the site and in connection with the construction of the
United States Housing Authority non-Federal projects and shall be
reimbursed in the discretion of the Administrator by the public
housing agencies constructing such projects and such reimbursements
shall be available for administrative expenses of the Authority: .
. .
Mr. [Dudley A.] White of Ohio: Mr. Chairman, a point of order.
The Chairman: (5) The gentleman will state it.
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5. Frank H. Buck (Calif.).
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Mr. White of Ohio: . . . Then the language beginning in line
13, on page 14, the entire clause, which reads:
Provided, That of the $4,500,000 hereby made available for
adminis
[[Page 5884]]
trative expenses of the Authority, not to exceed $1,500,000
shall be available for such expenses incurred at the site, and
in connection with the construction, of the United States
Housing Authority non-Federal projects, and shall be
reimbursed, in the discretion of the Administrator, by the
public housing agencies constructing such projects, and such
reimbursements shall be available for administrative expenses
of the Authority.
That is a delegation of authority. It enlarges the scope of the
existing authority under the original law, and therefore the entire
paragraph should be stricken out on these points of order. This is
legislation on an appropriation bill.
The Chairman: Does the gentleman from Oklahoma [Mr. Johnson]
desire to be heard?
Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, we concede the
points of order.
The Chairman: The points of order are sustained.
Waiver of Reimbursement Requirements in Law
Sec. 38.7 Provisions in a paragraph of a general appropriation bill (1)
authorizing the General Services Administration to acquire
leasehold interests in property; (2) removing limitations imposed
by law on the value of surplus strategic materials which may be
transferred without reimbursement to the national stockpile; and
(3) authorizing materials in certain stockpiles and inventories to
be available without reimbursement for transfer to contractors as
payment for expenses, were conceded to be legislation and were
stricken from the bill.
On Aug. 1, 1973,(6) during consideration in the
Committee of the Whole of a general appropriation bill (H.R. 9590), a
point of order was raised against the following provision:
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6. 119 Cong. Rec. 27288, 27289, 93d Cong. 1st Sess.
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Property Management and Disposal Service
operating expenses
For expenses, not otherwise provided for, necessary for
carrying out the functions of the Administrator with respect to the
utilization of excess property; the disposal of surplus property;
the rehabilitation of personal property; the appraisal of real and
personal property; the national stockpile established by the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-
98h); the supplemental stockpile established by section 104(b) of
the Agricultural Trade Development and Assistance Act of 1954 (68
Stat. 456, as amended by 73 Stat. 607); including services as
authorized by 5 U.S.C. 3109 and reimbursement for security guard
services, $33,000,000, to be derived from proceeds from transfers
of excess property, disposal of surplus property, and sales of
stockpile mate
[[Page 5885]]
rials: [Provided, That during the current fiscal year the General
Services Administration is authorized to acquire leasehold
interests in property, for periods not in excess of twenty years,
for the storage, security, and maintenance of strategic, critical,
and other materials in the national and supplemental stockpiles
provided said leasehold interests are at nominal cost to the
Government: Provided further, That during the current fiscal year
there shall be no limitation on the value of surplus strategic and
critical materials which, in accordance with section 6 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e),
may be transferred without reimbursement to the national
stockpile:] Provided further, That during the current fiscal year
materials in the inventory maintained under the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061-2166), and excess
materials in the national stockpile and the supplemental stockpile,
the disposition of which is authorized by law, shall be available,
without reimbursement, for transfer at fair market value to
contractors as payment for expenses (including transportation and
other accessorial expenses) of acquisition of materials, or of
refining, processing, or otherwise beneficiating materials, or of
rotating materials, pursuant to section 3 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b), and of
processing and refining materials pursuant to section 303(d) of the
Defense Production Act of 1950, as amended (50 U.S.C. App.
2093(d)): Provided further, That none of the funds available under
this heading shall be available for transfer to any other account
nor for the funding of any activities other than those specifically
authorized under this heading.(7)
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7. This last proviso was deemed a proper limitation.
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Mr. [John D.] Dingell [of Michigan]: Mr. Chairman, a point of
order.
The Chairman: (8) The gentleman will state it.
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8. Richard Bolling (Mo.).
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Mr. Dingell: Mr. Chairman, I rise again out of diligence to
protect myself as to points of order.
At page 22, the first point of order is as to the words
following the word ``Provided'' on page 22, line 6, down through
the semicolon following the word ``Government'' at page 22, line
12.
I make the point of order, Mr. Chairman, together with another
point of order on the same rule beginning with the words,
``Provided further'' down through the word ``stockpile,'' at page
22, line 18, in that both of these provisos are violative of rule
XXI, clause 2, and constitute legislation in an appropriation bill.
The Chairman: Does the gentleman from Oklahoma desire to be
heard on the point of order?
Mr. [Thomas J.] Steed [of Oklahoma]: Mr. Chairman, on the
second point of order, I believe the gentleman does not intend to
stop on line 22, does he? I believe he would have to go on to the
end of the proviso.
Mr. Dingell: I intend to get the next proviso as soon as we
dispose of these points of order.
Mr. Steed: The gentleman stopped in the middle of a proviso.
Mr. Dingell: I am going to get the ``Provided further,'' next.
Mr. Steed: There is no ``Provided further,'' next. This stops
with the ``supplemental stockpile'' in line 22.
[[Page 5886]]
Mr. Dingell: In order, Mr. Chairman, to assist my good friend
from Oklahoma, I will make another point of order against the
language beginning on page 22, line 18, with ``Provided further,''
down through the conclusion of that ``Provided further,'' on page
23, line 7; and then I will make a further point of order against
the ``Provided further,'' language on page 23, line 7, down through
the end of line 10 on page 23; in that all of these provisos and
``Provided furthers'' do constitute violations of rule XXI, clause
2, and constitute legislation in an appropriation bill violation of
the rules.
I again cite the requirement of the rules as set forth in the
House rules, that the burden of establishing the soundness of an
appropriation is upon the committee which offers it to the House,
and I point out that that burden cannot be borne, and that these
are violative of the rules, constituting legislation in an
appropriation bill.
The Chairman: Does the gentleman from Oklahoma desire to be
heard on the point of order?
Mr. Steed: Mr. Chairman, we concede the point of order.
The Chairman: The point of order is conceded, and the point of
order is sustained, and the language beginning with the word
``Provided'' on line 6, page 22, down through line 10, on page 23,
ending with ``this heading'' is stricken.
Mr. Steed: Mr. Chairman, the proviso was one starting on page
22 and going down to the word ``stockpile'' on line 18. That was
the point of order made, against that language.
Mr. Dingell: Mr. Chairman, I beg to differ.
The Chairman: The Chair believes the gentleman from Michigan
made a point of order against the language in that proviso, the
language in the second proviso of ``Provided further,'' and in the
third proviso, beginning on line 18, ``Provided further,'' and then
another ``Provided further,'' beginning on line 7, page 23.
In other words, the Chair was under the impression that the
gentleman made points of order against all the provisions beginning
with ``Provided,'' on page 22, line 6, through page 23, line 10.
Mr. Dingell: The Chair is correct.
The Chairman: Which would have the effect of striking all the
language the Chair just described?
Mr. Steed: Mr. Chairman, the points of order made against the
language are conceded down to line 7, page 23, but the language of
that ``Provided further,'' is a simple limitation on an
appropriation bill and is not subject to a point of order.
The Chairman: The Chair agrees with the gentleman from
Oklahoma.
The various points of order that are conceded are sustained,
and that language is stricken. The language:
Provided further, That none of the funds available under
this heading shall be available for transfer to any other
account nor for the funding of any activities other than those
specifically authorized under this heading.
Which is a proper limitation and appears beginning in line 7, page
23, through line 10, remains in the bill, since the point of order
has not been made against the entire paragraph.
[[Page 5887]]
Waived for Lands Not Producing Revenue
Sec. 38.8 A proposition in a general appropriation bill providing that
reimbursement shall not be required for expenditures in connection
with Indian lands for which no production or compensatory royalty
accrues, or for expenditures in excess of 10 percent of such
royalties accruing from mineral-lease operations within any
reservation or agency jurisdiction was conceded and held to be
legislation and not in order.
On Mar. 7, 1940,(9) during consideration in the
Committee of the Whole of the Interior Department appropriation bill
(H.R. 8745), the following point of order was raised:
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9. 86 Cong. Rec. 2532, 76th Cong. 3d Sess.
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Mr. [Jack] Nichols [of Oklahoma]: Mr. Chairman, I make a point
of order. On page 29, beginning with the last word on the page,
``to,'' I make a point of order against the following language:
to be reimbursed under the provisions of the Act of February
14, 1920, as amended (25 U.S.C. 413), except that reimbursement
shall not be required for expenditures in connection with
Indian lands for which no production or compensatory royalty
accrues, or for expenditures in excess of 10 percent of such
royalties accruing from mineral-lease operations within any
reservation or agency jurisdiction.
My point of order is that it is legislation on an appropriation
bill.
The Chairman: (10) Does the gentleman from Oklahoma
(Mr. Johnson) desire to be heard on the point of order?
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10. Jere Cooper (Tenn.).
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Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, we concede the
point of order.
The Chairman: The point of order is sustained.
For Presidential Use Without Reimbursement to Appropriation Accounts
Sec. 38.9 An amendment to an appropriation bill providing that in
addition to the sum appropriated, supplies or funds shall be
available for disposition by the President under the Act of Mar.
11, 1941, to carry out the provisions of the Act of Mar. 28, 1944,
``without reimbursement of the appropriations from which such
supplies or services were procured or such funds were provided,''
was conceded and held to be legislation where that law did not
permit disposition without reimbursement.
[[Page 5888]]
On June 3, 1944,(11) during consideration in the
Committee of the Whole of a general appropriation bill (H.R. 4937), a
point of order was raised against the following amendment:
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11. 90 Cong. Rec. 5252, 78th Cong. 2d Sess.
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Mr. [Clarence] Cannon of Missouri: Mr. Chairman, I offer an
amendment.
The Clerk read as follows:
Amendment offered by Mr. Cannon of Missouri: Page 6, after
line 17, insert:
``Sec. 202. In addition to the sum appropriated by section
201 of this title, any supplies, services, or funds available
for disposition or expenditure by the President under the act
of March 11, 1941, as amended (22 U.S.C. 411-419), and acts
supplementary thereto, may be disposed of or expended by the
President to carry out the provisions of the act of March 28,
1944, without reimbursement of the appropriations from which
such supplies or services were procured or such funds were
provided.''
Mr. Cannon of Missouri: Mr. Chairman, I ask for a vote on the
amendment.
Mr. [Joseph P.] O'Hara [of Minnesota]: I desire to make a point
of order against the amendment offered by the gentleman from
Missouri [Mr. Cannon], because it is legislation on an
appropriation bill and not in order at this time. . . .
The Chairman: (12) The gentleman from Minnesota
makes a point of order against the amendment and particularly
emphasizes that the amendment provides that the appropriation is
``without reimbursement'' and that ``without reimbursement'' is not
contained in the statute.
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12. William M. Whittington (Miss.).
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The Chair will hear the gentleman from Missouri [Mr. Cannon].
Mr. Cannon of Missouri: Mr. Chairman, we concede the point of
order.
The Chairman: The point of order is sustained.
Receipts From Operations to Repay Federal Investment--District of
Columbia Airport
Sec. 38.10 Language in an appropriation bill providing for repayment of
federal appropriations for an additional airport for the District
of Columbia from income derived from operations was conceded and
held to be legislation and not in order.
On Aug. 6, 1957,(13) during consideration in the
Committee of the Whole of a supplemental appropriation bill (H.R.
9131), a point of order was raised against the following provision:
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13. 103 Cong. Rec. 13780, 85th Cong. 1st Sess.
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The Clerk read as follows:
[[Page 5889]]
Chapter I
Department of Commerce
Civil Aeronautics Administration
Construction and Development, Additional Washington Airport
For necessary expenses for the construction and development
of a public airport in the vicinity of the District of
Columbia, as authorized by the act of September 7, 1950 (64
Stat. 770), including acquisition of land, $12,500,000, to
remain available until expended: Provided, That not to exceed a
total of $250,000 may be advanced to the applicable
appropriations of the Civil Aeronautics Administration for
necessary administrative expenses: Provided further, That
beginning on June 30, 1965, and not later than June 30 of each
year thereafter, the Administrator of the Civil Aeronautics
Administration shall pay from income derived from operation of
the airport an amount which will repay to the Treasury of the
United States the full capital investment from Federal
appropriations in a period of 35 years.
Mr. [Samuel N.] Friedel [of Maryland]: Mr. Chairman, a point of
order.
The Chairman: (14) The gentleman will state his
point of order.
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14. Paul J. Kilday (Tex.).
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Mr. Friedel: Mr. Chairman, I make a point of order against the
entire paragraph on page 2, lines 1 to 20 inclusive, on the ground
that the last proviso thereof contains legislation on an
appropriation bill. This proviso requires repayment of Federal
appropriations made for the airport, and in that respect amends the
basic law which authorized the airport.
The Chairman: Does the gentleman from Texas wish to be heard on
the point of order?
Mr. [Albert] Thomas [of Texas]: Mr. Chairman, it is, perhaps, a
close point, whether this comes under the Holman rule; but we
concede the point of order and offer an amendment.
The Chairman: The gentleman from Texas [Mr. Thomas] concedes
the point of order made by the gentleman from Maryland [Mr.
Friedel]. The Chair sustains the point of order.
--Receipts Generated From Irrigation Projects
Sec. 38.11 Language in a general appropriation bill providing that
money received by the United States in connection with any
irrigation project constructed by the federal government shall be
covered into the general fund until such fund has been reimbursed,
was conceded and held to be legislation on an appropriation bill
and not a Holman rule retrenchment of funds covered by the bill.
On Nov. 29, 1945,(15) during consideration in the
Committee of the Whole of the first deficiency appropriation bill (H.R.
4805), a point of order was raised against the following provision:
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15. 91 Cong. Rec. 11192, 11193, 79th Cong. 1st Sess.
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The Clerk read as follows:
Total, general fund, construction, $42,765,000: Provided,
That all mon
[[Page 5890]]
eys hereafter received by the United States in connection with
any irrigation project, including the incidental power features
thereof, constructed by the Secretary of the Interior through
the Bureau of Reclamation, and financed in whole or in part
with moneys heretofore or hereafter appropriated or allocated
therefor by the Federal Government from the general fund, shall
be covered into the general fund until the general fund has
been reimbursed in full for allocations and appropriations made
to such project from the general fund, except in cases where
provision has been made by law or contract for the use of such
revenues for the benefit of users of water from such project:
Provided further, That the portion of appropriations or
allocations invested in the power features of such projects
shall be fully amortized and repaid within 50 years with
interest at the rate of 3 percent per annum.
Mr. (J. W.) Robinson of Utah: Mr. Chairman, I make the point of
order against the proviso commencing on page 30, line 15, and
continuing on page 31 down to the end of line 6 that it is
legislation on an appropriation bill.
Mr. [Clarence] Cannon of Missouri: Mr. Chairman, the committee
concedes the point of order. . . .
Mr. [John] Taber [of New York]: Mr. Chairman, I desire to be
heard on the point of order. It is manifest that this item requires
that funds received shall be covered into the general fund of the
Treasury until the general fund has been fully reimbursed for the
amount that it has expended. In my opinion that is in order under
the Holman rule. It saves money to the Treasury on the face of the
document.
The Chairman: (16) The Chair thinks it is clearly
legislation on an appropriation bill, and so holds. The point of
order is sustained.
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16. R. Ewing Thomason (Tex.).
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Parliamentarian's Note: To justify legislative language in an
appropriation bill under the Holman rule, the provision must show a
retrenchment as a necessary result; and if an amendment, must be
germane to the bill.
--Tennessee Valley Authority
Sec. 38.12 Language in an appropriation bill providing funds for
resource development activities of the Tennessee Valley Authority,
stating that part of the funds therefor should be derived from the
appropriated funds and part from proceeds of operation, was held to
be legislation and not in order.
On May 28, 1956,(17) during consideration in the
Committee of the Whole of the Department of the Interior appropriation
bill (H.R. 11319), the following point of order was raised:
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17. 102 Cong. Rec. 8725, 84th Cong. 2d Sess.
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Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I make a
point of order against certain language in the Tennessee Valley
Authority paragraph as follows: . . .
. . . On page 3, lines 1 to 3 ``, of which $400,000 shall be
derived from this appropriation and $750,000 shall
[[Page 5891]]
be derived from proceeds of operations of the Tennessee Valley
Authority.''
Mr. Chairman, I make the point of order that all of the
language to which I have referred is legislation on an
appropriation bill. . . .
The Chairman: (18) . . . It is clearly legislation
on an appropriation bill and the point of order is sustained.
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18. Jere Cooper (Tenn.).
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--Travel Expenses Paid by States
Sec. 38.13 In an appropriation bill providing funds for salaries and
expenses, Office of Education, a provision that ``all receipts from
non-Federal agencies representing reimbursement for expenses of
travel of employees of the Office of Education performing advisory
functions to the said agencies shall be deposited in the Treasury
of the United States to the credit of this appropriation,'' was
conceded and held to be legislation and not in order.
On Apr. 2, 1957,(19) during consideration in the
Committee of the Whole of the Departments of Labor and Health,
Education, and Welfare appropriation bill (H.R. 6287), a point of order
was raised against the following provision:
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19. 103 Cong. Rec. 4972, 85th Cong. 1st Sess.
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Salaries and expenses: For expenses necessary for the Office of
Education, including surveys, studies, investigations, and reports
regarding libraries; fostering coordination of public and school
library service; coordination of library service on the national
level with other forms of adult education; developing library
participation in Federal projects; fostering nationwide
coordination of research materials among libraries, interstate
library coordination and the development of library service
throughout the country; purchase, distribution, and exchange of
educational documents, motion-picture films, and lantern slides;
collection, exchange, and cataloging of educational apparatus and
appliances, articles of school furniture and models of school
buildings illustrative of foreign and domestic systems and methods
of education, and repairing the same; and cooperative research,
surveys, and demonstrations in education as authorized by the act
of July 26, 1954 (20 U.S.C. 331-332); $7 million, of which not less
than $550,000 shall be available for the Division of Vocational
Education as authorized: Provided, That all receipts from non-
Federal agencies representing reimbursement for expenses of travel
of employees of the Office of Education performing advisory
functions to the said agencies shall be deposited in the Treasury
of the United States to the credit of this appropriation.
Mr. [Edgar W.] Hiestand [of California]: Mr. Chairman, I make a
point of order against the language beginning in line 17, page 19,
down through line 22.
The Chairman: (20) Beginning where?
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20. Aime J. Forand (R.I.).
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Mr. Hiestand: This language:
Provided, That all receipts from non-Federal agencies
representing reimbursement for expenses of travel of employees
of the Office of Education performing advisory functions to the
said agencies shall be deposited in the Treasury of the United
States to the credit of this appropriation.
We would redistribute the money, and I suggest, Mr. Chairman,
that that is definitely legislation on an appropriation bill.
The Chairman: Does the gentleman from Rhode Island desire to be
heard on the point of order?
Mr. [John E.] Fogarty [of Rhode Island]: This was only an
attempt to have the States reimburse the Federal Government for the
technical assistance that the States call on the Department of
Education to give. Now, if you want it all to come out of the
Federal Treasury and not have the States make this reimbursement,
this is the way to do it. It is clearly subject to a point of
order, and I concede the point of order.
The Chairman: The Chair has examined the language in the bill
and sustains the point of order.
Reimbursements for Indian Educational Expenses
Sec. 38.14 Language in an appropriation bill appropriating money to be
advanced for certain purposes coupled with a direction that such
advances shall be reimbursable during a fixed period under rules
and regulations prescribed by an executive officer was held to be
legislation and not in order.
On May 14, 1937,(1) the Committee of the Whole was
considering H.R. 6958, an Interior Department appropriation bill. A
point of order was raised against the following paragraph:
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1. 81 Cong. Rec. 4598, 4599, 75th Cong. 1st Sess.
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For the purpose of encouraging industry and self-support among
the Indians and to aid them in the culture of fruits, grains, and
other crops, $165,000, which sum may be used for the purchase of
seeds, animals, machinery, tools, implements, and other equipment
necessary . . . Provided further, That not to exceed $15,000 may be
advanced to worthy Indian youths to enable them to take educational
courses, including courses in nursing home economics, forestry, and
other industrial subjects in colleges, universities, or other
institutions, and advances so made shall be reimbursed in not to
exceed 8 years, under such rules and regulations as the Secretary
of the Interior may prescribe.
Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of
order against the paragraph beginning on page 26, line 4. The point
of order is that this is legislation on an appropriation bill and
it imposes discretionary duties upon the Secretary of the Interior.
The language at the bottom of the bill, beginning with ``Provided
further'', line 22, and the last proviso are entirely the same.
They provide that the Secretary of the Interior shall make
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rules and regulations and there is no question but what it imposes
additional duties upon the Secretary of the Interior all the way
through.
In lines 17 and 18 the terms of repayment are made subject to
the discretion of the Secretary of the Interior and in lines 9 and
10 it is subject to that same discretion. This is all on page 26.
The whole paragraph is subject to discretion and imposes duties
upon the Secretary. . . .
The Chairman: (2) The Chair would like to inquire
further of the gentleman with reference to the language appearing
in lines 7 and 8, page 27, reading as follows:
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2. Jere Cooper (Tenn.).
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And advances so made shall be reimbursed in not to exceed 8
years under such rules and regulations as the Secretary of the
Interior may prescribe.
Will the gentleman advise the Chair as to any provision of
existing law upon which this language is based?
Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, this is the exact
language that has been used for several years and the gentleman
from Oklahoma knows of no specific basis of law for it.
The Chairman: The Chair is ready to rule.
The gentleman from New York makes a point of order against the
entire paragraph beginning in line 4, page 26, extending down to
and including line 9, page 27. The gentleman from New York [Mr.
Taber] in making his point of order invited attention to certain
language appearing in lines 10 and 11, page 26, with reference to
the discretion of the Secretary of the Interior.
The Chair has examined the act commonly referred to and known
as the Snyder Act and invites attention to section 13 of that act,
in which the following appears:
Expenditures of appropriations by Bureau of Indian Affairs:
The Bureau of Indian Affairs, under the supervision of the
Secretary of the Interior, shall direct, supervise, and expend
such moneys as Congress may from time to time appropriate for
the benefit, care, and assistance of the Indians throughout the
United States for the following purposes: General support and
civilization, including education; for industrial assistance
and advancement and general administration of Indian problems.
Further, for general and incidental expenses in connection with
the administration of Indian affairs.
It is the opinion of the Chair that the act to which attention
has been invited confers upon the Secretary of the Interior rather
broad discretionary authority. The Chair is of opinion that the
language to which the gentleman invited attention is not subject to
a point of order, but that the language to which the Chair invited
the attention of the gentleman from Oklahoma with reference to the
provisos does constitute legislation on an appropriation bill not
authorized by the rules of the House. It naturally follows that as
the point of order has to be sustained as to these two provisos, it
has to be sustained as to the entire paragraph. The Chair therefore
sustains the point of order made by the gentleman from New York.
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