[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[B. Appropriations for Unauthorized Purposes]
[Â§ 16. Federal Employment]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5523-5526]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
              B. APPROPRIATIONS FOR UNAUTHORIZED PURPOSES
 
Sec. 16. Federal Employment

Overseas Allowances

Sec. 16.1 Language in a general appropriation bill providing funds and 
    authority for an overseas allowance for employees of the Foreign 
    Claims Settlement Commission, ``similar to the allowance 
    established by law for Foreign Service personnel,'' was conceded to 
    be unauthorized and not in order in a general appropriation bill.

    On Aug. 26, 1960,(15) during consideration in the 
Committee of the Whole of a supplemental appropriation bill (H.R 12740) 
the following point of order was raised:
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15. 106 Cong. Rec. 17899, 86th Cong. 2d Sess.
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        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make a point of 
    order against the language in the bill on page 7, beginning on line 
    11, running through line 4 on page 8, as being legislation on an 
    appropriation bill. The language referred to is as follows:

                      Foreign Claims Settlement Commission

                             Salaries and expenses

            For an additional amount for ``Salaries and expenses,'' 
        including allowances and benefits similar to those provided by 
        title nine of the Foreign Service Act of 1946, as amended, as

[[Page 5524]]

        determined by the Commission; expenses of packing, shipping, 
        and storing personal effects of personnel assigned abroad; 
        rental or lease, for such periods as may be necessary, of 
        office space and living quarters for personnel assigned abroad; 
        maintenance, improvement, and repair of properties rented or 
        leased abroad, and furnishing fuel, water, and utilities for 
        such properties; hire of passenger motor vehicles abroad; 
        insurance on official motor vehicles abroad; and advances of 
        funds abroad; $145,000: Provided, That the limitation under 
        this head in the General Government Matters Appropriation Act, 
        1961, on the amount available for expenses of travel, is 
        increased from ``$10,000'' to ``$20,000''.

        The Chairman: (16) Does the gentleman from Texas 
    desire to be heard on the point of order?
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16. Herbert C. Bonner (N.C.).
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        Mr. [Albert] Thomas [of Texas]: Mr. Chairman, the gentleman 
    from Iowa is right. This is the first time that these people have 
    operated overseas and they asked for a little overseas allowance 
    The Bureau of the Budget recommended it. We did not feel that we 
    wanted to be the least bit oppressive on it. Mr. Chairman, the 
    point of order is conceded.
        The Chairman: The point of order made by the gentleman from 
    Iowa is sustained.

Representation Allowances

Sec. 16.2 Language in a general appropriation bill providing funds for 
    the National Aeronautics and Space Administration for 
    ``representation allowances overseas and official entertainment 
    expenses, to be expended upon the approval or authority of the 
    Administrator,'' was held to be legislation and not in order.

    On June 29, 1959,(17) during consideration in the 
Committee of the Whole of a supplemental appropriation bill (H.R 7978), 
a point of order was raised against the following provision:
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17. 105 Cong. Rec. 12125, 12126, 86th Cong. 1st Sess.
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        The Clerk read as follows:

            For contractual research, development, operations, 
        technical services, repairs, alterations, and minor 
        construction, and for supplies, materials, and equipment 
        necessary for the conduct and support of aeronautical and space 
        research and development activities of the National Aeronautics 
        and Space Administration, including not to exceed $5,000 for 
        representation allowances overseas and official entertainment 
        expenses, to be expended upon the approval or authority of the 
        Administrator. . . .

        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make the point of 
    order against the language on page 4, beginning with the word 
    ``including'' in line 10 and running through the word 
    ``Administrator'' in line 13, on the ground that it is legislation 
    on an appropriation bill. . . .
        The Chairman: (18) The Chair recognizes the 
    gentleman from Texas (Mr. Thomas) on the point of order.
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18. Paul J. Kilday (Tex.).
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        Mr. [Albert] Thomas: I cannot recall that there was any 
    legislation au

[[Page 5525]]

    thorizing this entertainment fund for the Administrator. We reduced 
    it drastically as it was sent up by the Bureau of the Budget. 
    Perhaps it would serve a useful purpose. I think the gentleman's 
    point of order is good and I concede it.
        The Chairman: The gentleman from Texas concedes the point of 
    order. The Chair sustains the point of order.

Sec. 16.3 A section of a general appropriation bill authorizing the 
    Secretaries of Labor and Health, Education, and Welfare to use 
    funds in the bill for official reception and representation 
    expenses was conceded to be unauthorized and was ruled out in 
    violation of Rule XXI clause 2.

    On June 27, 1974,(19) during consideration in the 
Committee of the Whole of H.R. 15580 (Departments of Labor and Health, 
Education, and Welfare appropriations), a point of order was sustained 
against the following provision:
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19. 120 Cong. Rec. 21686, 21687, 93d Cong. 2d Sess.
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        The Clerk read as follows:

            Sec. 404. The Secretary of Labor and the Secretary of 
        Health, Education, and Welfare are each authorized to make 
        available not to exceed $7,500 from funds available for 
        salaries and expenses under titles I and II, respectively, for 
        official reception and representation expenses.

        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make a point of 
    order against the language to be found on page 37, beginning with 
    line 21 and running through line 25 as being appropriation not 
    authorized by law. . . .
        Mr. [Daniel J.] Flood [of Pennsylvania]: It is the entire 
    section 404?
        Mr. Chairman, we concede the point of order.
        The Chairman: (20) The point of order is conceded 
    and sustained.
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20. James C. Wright, Jr. (Tex.).
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Funds for Presidential Commission

Sec. 16.4 A lump-sum amount for the Civil Service Commission contained 
    in a general appropriation bill was conceded to be in violation of 
    Rule XXI clause 2 where it was shown that a portion of that amount 
    was intended to fund the President's Commission on Personnel 
    Interchange--a Commission established solely by Executive order and 
    not created by law.

    On June 25, 1974,(1) during consideration in the 
Committee of the Whole of the Department of Treasury, Postal Service, 
and Executive Office appropriation bill, a

[[Page 5526]]

point of order was sustained as indicated below:
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 1. 120 Cong. Rec. 21036, 21037, 93d Cong. 2d Sess.
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        The Chairman: (2) The Clerk will read.
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 2. B. F. Sisk (Calif.).
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        The Clerk read as follows:

            For necessary expenses, including services as authorized by 
        5 U.S.C. 3109 . . . not to exceed $2,500 for official reception 
        and representation expenses; and advances or reimbursements to 
        applicable funds of the Commission and the Federal Bureau of 
        Investigation for expenses incurred under Executive Order 10422 
        of January 9, 1953, as amended; $90,000,000 together with not 
        to exceed $18,698,000 for current fiscal year administrative 
        expenses for the retirement and insurance programs to be 
        transferred from the appropriate trust funds of the Commission 
        in amounts determined by the Commission without regard to other 
        statutes: Provided, That the provisions of this appropriation 
        shall not affect the authority to use applicable trust funds 
        for administrative expenses of effecting statutory annuity 
        adjustments. . . .

        Mr. [Charles A.] Vanik [of Ohio]: Mr. Chairman, I make a point 
    of order on the language beginning at line 12 on page 12 of this 
    bill with the figures ``$90,000,000'' through line 20 ending in the 
    word ``adjustments.''. . .
        Mr. Chairman, it is my understanding that there is in fact no 
    authorization for the President's Commission on Personnel 
    Interchange for which $353,000 is herein requested. It was created 
    solely by Executive Order 11451 on January 19, 1969.
        This House rule is supported in this regard by title 36 of the 
    United States Code, section 673, which also indicates that no funds 
    should be expended by this body without authorization. The full 
    section of the law reads as follows:

                             Title 36, Section 673

             No part of the public monies, or of any appropriation made 
        by Congress, shall be used for the payment of compensation or 
        expenses of any commission, council or other similar body, or 
        any members thereof, or for expenses in connection with any 
        work or the results of any work or action of commission, 
        council, board, or similar body, unless the creation of the 
        same shall be or shall have been authorized by law; nor shall 
        there be employed any detail hereafter or heretofore made or 
        otherwise personal services from any Executive Department or 
        other Government establishment in connection with any such 
        commission, council, board, or similar body. . . .

        The Chairman: Does the gentleman from Oklahoma desire to be 
    heard on the point of order?
        Mr. [Tom] Steed [of Oklahoma]: Mr. Chairman, we concede the 
    point of order.
        The Chairman: The gentleman from Oklahoma (Mr. Steed) concedes 
    the point of order.
        The point of order is sustained.