[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 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)
---------------------------------------------------------------------------
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,
---------------------------------------------------------------------------
 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]:
---------------------------------------------------------------------------
 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).
---------------------------------------------------------------------------
 6. See 7 Cannon's Precedents Sec. 1741.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------
 7. See Ch. 13 (Powers and Prerogatives of the House) Sec. 21 
        (Congressional Budget Act), supra.
---------------------------------------------------------------------------

    In 1973, this joint prohibition was contained within Rule XXI, 
which read,(8) as follows:
---------------------------------------------------------------------------
 8. Rule XXI clause 2, House Rules and Manual Sec. 834 (1973).
---------------------------------------------------------------------------

        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
---------------------------------------------------------------------------
 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.
---------------------------------------------------------------------------
11. House Rules and Manual Sec. 839 (1979).
12. House Rules and Manual Sec. 839 (1979).
13. House Rules and Manual Sec. 840 (1979).
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
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
---------------------------------------------------------------------------
 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)
---------------------------------------------------------------------------
 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.
---------------------------------------------------------------------------

    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:
---------------------------------------------------------------------------
 5. Rule XXI clause 6, House Rules and Manual Sec. 847 (1979).
---------------------------------------------------------------------------

        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)
---------------------------------------------------------------------------
 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.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
 8. See Sec. 31.8, infra.
 9. See Sec. Sec. 31.1, 31.3, infra.
---------------------------------------------------------------------------

    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
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    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:
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
18. 89 Cong. Rec. 734, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
19. Id. at p. 742.
---------------------------------------------------------------------------

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).

---------------------------------------------------------------------------

[[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.
---------------------------------------------------------------------------