[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[B. Appropriations for Unauthorized Purposes]
[Â§ 17. Foreign Relations]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5526-5550]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
              B. APPROPRIATIONS FOR UNAUTHORIZED PURPOSES
 
Sec. 17. Foreign Relations

Fishermen's Protective Act

Sec. 17.1 The Fishermen's Protective Act of 1957 was held sufficient 
    authorization for an appropriation to compensate certain vessel 
    owners whose vessels were seized by Ecuador.

[[Page 5527]]

    On June 28, 1971,(3) the Committee of the Whole was 
considering H.R. 9271, an appropriation bill for the Department of the 
Treasury, the Postal Service, the Executive Office, and independent 
agencies. The following proceedings took place:
---------------------------------------------------------------------------
 3. 117 Cong. Rec. 22439-42, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Amendment offered by Mr. Dingell: On page 32, after line 19, 
    insert:

         ``Title V--Claims Under Fishermen's Protective Act of 1967

        ``Sec. 501. For payment of claims settled and determined in 
    accord with the Fishermen's Protective Act of 1967 (22 U.S.C. 1971 
    and fol.) for amounts paid to the Government of Ecuador and 
    certified to the Secretary of the Treasury by the Secretary of 
    State in respect of the Ocean Queen (certified April 23, 1971), the 
    Day Island (certified May 10, 1971), the Apollo (certified May 4, 
    1971), the John F. Kennedy (certified May 4, 1971), the Quo Vadis 
    (certified May 12, 1971), and the Sun Europa (certified May 3, 
    1971), $387,190.''. . .
        Mr. [Frank T.] Bow [of Ohio]: Mr. Chairman, I reserve a point 
    of order against the amendment. . . .
        The Chairman: (4) Does the gentleman from Ohio wish 
    to be heard on his point of order?
---------------------------------------------------------------------------
 4. John S. Monagan (Conn.).
---------------------------------------------------------------------------

        Mr. Bow: I do, Mr. Chairman, and I shall be very brief.
        Mr. Chairman, there is no question but that the law does 
    provide for the payment to these fishermen who have had their ships 
    seized in Ecuador.
        But I call the attention of the Chair to what the gentleman 
    from Michigan has said, which is quite correct, that the law has 
    been amended--that is, the original law of 1926 has been amended--
    the law of 1927--to provide where there is a seizure of this kind 
    that the payment shall be made from the withholding of foreign aid 
    funds from the recipient country. The law so provides, and this has 
    not been done. So the amendment of the law would provide the method 
    of payment in those countries which receive foreign aid and Ecuador 
    is one of them. So it would seem to me that at this time there is 
    no authority for an appropriation, because the law provides that it 
    shall be paid out of foreign aid funds and not by an appropriation 
    here.
        I point this out simply to call attention to what the 
    distinguished gentleman from Michigan has stated, and I think he 
    will agree that this is what the law is. . . .
        The Chairman: Does the gentleman from Michigan (Mr. Dingell) 
    desire to be heard further on the point of order?
        Mr. [John D.] Dingell: Yes, Mr. Chairman. Mr. Chairman, I 
    happen to have before me the two statutes which are relevant here 
    and I will cite them to the Chair at this particular time.
        The first is that the act of August 27, 1954, 68 Stat. 883-22 
    U.S. 3 71-76--the relevant part of that statute reads as follows--
    and this is section 2:

            In any case where--
            (a) a vessel of the United States is seized by a foreign 
        country on the basis of rights or claims in territorial waters 
        or the high seas which are not recognized by the United States; 
        and
            (b) there is no dispute of material facts with respect to 
        the location or

[[Page 5528]]

        activity of such vessel at the time of such seizure, the 
        Secretary of State shall as soon as practicable take such 
        action as he deems appropriate to attend to the welfare of such 
        vessel and its crew while it is held by such country and to 
        secure the release of such vessel and crew. . . .

        [Subsequent language provides] that once the Secretary of State 
    has certified the amounts paid to the Secretary of the Treasury . . 
    . the Secretary of the Treasury shall procure an appropriation from 
    the Congress and shall pay from appropriated funds the fine and 
    other charges necessary.
        Then subsequently, Mr. Chairman, in the statute of the 90th 
    Congress, Public Law 90-482, dated August 12, 1968--and this 
    appears at 75 Stat. 424, 22 U.S.C. 2151--we amended the statute 
    then to add to the word ``fine,'' which the United States is 
    supposed to compensate these fishermen for; in addition to that, 
    license fee, registration fee, or any other direct charge, and the 
    committee in this report interpreted this as being anything that is 
    necessary to release the vessel from the holding of the foreign 
    government--in each of these cases, I believe, the Government of 
    Ecuador. I would be happy to read the statute further if the 
    gentleman desires.
        Mr. Bow: Mr. Chairman, will the gentleman yield to permit me to 
    read that part which says that the fine and charges shall be paid 
    out of the foreign aid funds?
    Mr. Dingell: There is such a statute, but I would tell my good 
friend from Ohio the statute to which he is now addressing himself is 
another statute which says that the Secretary of State shall withhold 
and shall compensate the United States for the amounts paid out. We 
were very careful, I want my good friend from Ohio to know, in drafting 
the statute not to set it up so that the Secretary of State would have 
to withhold the fine from foreign aid funds so as to leave our 
fishermen naked and destitute. I do not believe the committee felt that 
we should trust the Secretary, making the commercial fishermen subject 
to that kind of whim or mercy. . . .

        The Chairman: The Chair is ready to rule.
        Under section 1973 of the United States Code, title 22, there 
    is an authorization, as the gentleman from Michigan has said, which 
    does permit the payment of charges and authorizes these payments.
        In spite of the fact that there is a reference in section 1975 
    to action by the Secretary of State, nevertheless the Chair does 
    not find that the condition as contended for by the gentleman from 
    Ohio is contained in this section. The Chair believes the law cited 
    by the gentleman from Michigan would authorize the appropriation 
    carried in the amendment. The Chair finds the point of order is not 
    well taken and overrules the point of order.

International Organizations and Conferences

Sec. 17.2 An appropriation for ``International Conferences and 
    Contingencies'' which included a provision earmarking a certain 
    amount for a contribution to the International Secretariat on 
    Middle Level Manpower was

[[Page 5529]]

    held to be authorized by a law allowing the Secretary of State to 
    generally participate in international activities in conducting 
    foreign affairs.

    On Apr. 10, 1963,(5) the Committee of the Whole was 
considering H.R. 5517, a supplemental appropriation bill containing the 
following paragraph:
---------------------------------------------------------------------------
 5. 109 Cong. Rec. 6157, 6158, 88th Cong. 1st Sess.

    For an additional amount for ``International conferences and 
contingencies,'' $315,000, of which $250,000 shall be available for 
expenses of organizing and holding the World Food Congress in the 
United States, as authorized by the act of October 18, 1962 (Public Law 
87-841), and $65,000 shall be available for the U.S. contribution to 
the International Secretariat on Middle Level Manpower.

        Mr. [Glenard P.] Lipscomb [of California]: Mr. Chairman, I make 
    a point of order against the language in the bill on page 23, lines 
    8 through 15, under the heading ``International Conferences and 
    Contingencies'' on the ground that it is not authorized by law. The 
    authorizations for appropriations for international conferences and 
    contingencies under section 5 of Public Law 84-885 conveys 
    authority for a general appropriation and not authority for a 
    specific appropriation such as proposed under this section which 
    provides that of the $315,000 for ``International conferences and 
    contingencies,'' $65,000 shall be available for the U.S. 
    contributions to the International Secretariat on Middle Level 
    Manpower.
        The Chairman: (6) Does the gentleman from New York 
    desire to be heard on the point of order?
---------------------------------------------------------------------------
 6. Richard Bolling (Mo.).
---------------------------------------------------------------------------

        Mr. [John J.] Rooney [of New York]: I do, Mr. Chairman.
        Mr. Chairman, I respectfully submit that this appropriation is 
    authorized by law. It is authorized by Public Law 885, 84th 
    Congress, in section 5 of which we find the following:

            The Secretary of State is authorized to (a) provide for 
        participation by the United States in international activities 
        which arise from time to time in the conduct of foreign affairs 
        for which provision has not been made by the terms of any 
        treaty, convention or special act of Congress. . . .

        The Chairman: The Chair is prepared to rule.
        The language cited by the gentleman from New York is, indeed, 
    very broad. The Chair believes that the point of order is not well 
    taken.
        The point of order is overruled.

Authority to Join International Organization Implies Authority for 
    Expenses

Sec. 17.3 An act authorizing the President to accept membership in an 
    international organization was held to be sufficient authorization 
    to support an appropriation for the obligation assumed by the 
    United States in accepting such membership.

[[Page 5530]]

    On Feb. 7, 1935,(7) the following proceedings took 
place:
---------------------------------------------------------------------------
 7. 79 Cong. Rec. 1616, 1677-80, 74th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [George H.] Tinkham [of Massachusetts]: Mr. Chairman, in 
    relation to the appropriation of $174,630 for the International 
    Labor Organization, I make the point of order that there is no 
    legislative authority to support this appropriation and, Mr. 
    Chairman, I make the further point of order that the appropriation 
    in any event is limited to the terms of the instrument which sets 
    up the International Labor Organization, namely title XIII of the 
    Versailles Treaty. . . .
        The Chairman: (8) The point of order raised by the 
    gentleman from Massachusetts (Mr. Tinkham) involves the question as 
    to the authorization of an appropriation under title I of the bill 
    (H.R. 5255) granting to the International Labor Organization the 
    sum of $174,630.
---------------------------------------------------------------------------
 8. William N. Rogers (N.H.).
---------------------------------------------------------------------------

        In order that we may not be confused, the Chair feels it proper 
    to state that the reference to the Versailles Treaty in regard to 
    the legality of this appropriation, and the point of order raised 
    thereon, is absolutely irrelevant. The Versailles Treaty is no part 
    of the law of the United States of America, is not mentioned in the 
    paragraph providing this appropriation, and is not referred to in 
    the joint resolution passed in the Seventy-third Congress and 
    approved June 19, 1934. The law under which this appropriation is 
    proposed results from the joint resolution approved June 19, 1934, 
    which provided that the President of the United States was 
    authorized to accept membership for the Government of the United 
    States of America in the International Labor Organization which, 
    through its general conference of representatives and its members 
    and through its International Labor Office, collects information 
    concerning labor throughout the world, and prepares international 
    conventions for the consideration of member governments, with a 
    view of improving conditions of labor. The Versailles Treaty and 
    other matters of that kind are not referred to in that joint 
    resolution.
        The question, it seems to the Chair, resolves itself into 
    whether or not a reasonable interpretation of the law passed during 
    the Seventy-third Congress includes therein an authorization of the 
    Congress of the United States, which enacted that legislation, to 
    make reasonable appropriations to carry it into effect. Bearing on 
    the generally recognized standard of interpretation of legislation 
    of this kind, the Chair thinks that it is proper to refer to the 
    language of the distinguished gentleman from Massachusetts [Mr. 
    Tinkham] when this bill was under debate in this House on June 16, 
    1934, when he said:

            Let me ask the chairman of the committee, on which I have 
        the honor to serve, has there been an estimate of the cost to 
        the American people of our annual contribution to this 
        organization; if so, how much?

        The gentleman from Tennessee [Mr. McReynolds] said:
        That will depend on a number of circumstances.
        Then the gentleman from Massachusetts made this remark:

            Mr. Speaker, I may say that it is estimated that we shall 
        contribute to

[[Page 5531]]

        the support of this organization from $150,000 to $400,000 a 
        year.

        At that time it seems to have been contemplated that a 
    reasonable appropriation to be made by Congress was involved in the 
    passage of that legislation. In view of that interpretation it 
    seems to the Chair that the joint resolution approved June 19, 
    1934, is sufficient authorization for this appropriation, and the 
    Chair is of the opinion that the point of order should be overruled 
    The Chair therefore overrules the point of order should be over-
    ruled.
        The Chair therefore overrules the point of order.

Foreign Currency Program--Preservation of Nubian Monuments

Sec. 17.4 An appropriation added by the Senate to a general 
    appropriation bill and included in a conference report, for the 
    purchase of Egyptian pounds accruing under the Agricultural Trade 
    Development and Assistance Act of 1954, to be used for the 
    preservation of ancient Nubian monuments on the Nile was held to be 
    authorized by a provision of the act allowing foreign currencies to 
    be used ``to promote and support programs of . . . cultural and 
    educational development'' and further specifying that ``foreign 
    currencies shall be available for purposes of this subsection . . . 
    only in such amounts as may be specified from time to time in 
    appropriation acts.''

    On the legislative day of Sept. 25, 1961,(9) the House 
was considering a conference report on H.R. 9169, a supplemental 
appropriation. The following proceedings took place:
---------------------------------------------------------------------------
 9. 107 Cong. Rec. 21521, 21522, 87th Cong. 1st Sess., Sept. 27, 1961 
        (Calendar Day)
---------------------------------------------------------------------------

        Mr. [Albert] Thomas (of Texas): Mr. Speaker, I call up the 
    conference report on the bill (H.R. 9169) and ask unanimous consent 
    that the statement of the managers on the part of the House be read 
    in lieu of the report.
        The Clerk read the title of the bill.
        The Speaker Pro Tempore:(10) Is there objection to 
    the request of the gentleman from Texas?
---------------------------------------------------------------------------
10. John W. McCormack (Mass.).
---------------------------------------------------------------------------

        Mr. [John] Taber [of New York]: Mr. Speaker, I object
        The Clerk read the conference report.
        Mr. Taber: Mr. Speaker, I make a point of order against the 
    conference report, and I refer especially to the paragraph on page 
    30, under the title of ``Preservation of Ancient Nubian Monuments--
    Special Foreign Currency Program''. . .
        The Speaker Pro Tempore: The Chair is prepared to rule.
        The gentleman from New York makes a point of order against the 
    conference report in connection with the

[[Page 5532]]

    amendment on page 30, which reads as follows:

            For the purchase of Egyptian pounds which accrue under 
        title I of the Agricultural Trade Development and Assistance 
        Act of 1954, as amended, for the purposes authorized by section 
        104(k) of that Act, $4 million to remain available until 
        expended

        The Chair has carefully studied the provisions of section 
    104(k), the organic law, which include among other things:

            To promote and support programs of medical and scientific 
        research, cultural and educational development, health, 
        nutrition, and sanitation: Provided, That foreign currencies 
        shall be available for the purpose of this subsection (in 
        addition to funds otherwise made available for such purposes) 
        only in such amounts as may be specified from time to time in 
        appropriation acts. . .

        Continuing what the Chair has said, it is the opinion of the 
    Chair that section 104(k) justifies the language contained in the 
    conference report, and the Chair overrules the point of order.

Foreign Currencies for Children's Hospital in Poland

Sec. 17.5 In a bill appropriating funds for the mutual security 
    program, a provision earmarking a part of the funds of the 
    ``special assistance'' appropriation for the purchase of foreign 
    currencies to be used for the construction of a children's hospital 
    in Poland was held to be authorized by a provision in the 1954 
    Mutual Security Act.

    On June 17, 1960,(11) the Committee of the Whole was 
considering H.R. 12619, a bill making appropriations for mutual 
security and related agencies. At one point the Clerk read as follows, 
and proceedings ensued as indicated below:
---------------------------------------------------------------------------
11. 106 Cong. Rec. 13132, 13133, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Special assistance, general authorization: For assistance 
    authorized by section 400(a), $206,000,000, of which not to exceed 
    $1,500,000 may be used to purchase foreign currencies or credits 
    owed to or owned by the Treasury of the United States for 
    assistance authorized by section 400(c) for construction of the 
    American Research Hospital for Children in Poland at the University 
    of Krakow. . .
        Mr. [H.R.] Gross [of Iowa]: Mr. Chairman, I make the point of 
    order against the language beginning on page 3, line 7, and ending 
    on line 12 which reads as follows: ``of which not to exceed 
    $1,500,000 may be used to purchase foreign currencies or credits 
    owed to or owned by the Treasury of the United States for 
    assistance authorized by section 400(c) for construction of the 
    American Research Hospital for Children in Poland at the University 
    of Krakow:''
        Mr. Chairman, this language is legislation on an appropriation 
    bill. The authorizing act, the Mutual Security Act of 1959, 
    provides for the utilization

[[Page 5533]]

    of ``foreign currencies for hospitals abroad designed to serve as 
    centers for medical treatment, education and research founded or 
    sponsored by citizens of the United States''. . .
        Mr. [J. Vaughan] Gary [of Virginia]: Mr. Chairman, may I read 
    the provision of law authorizing it? It is section 400(c) of the 
    Mutual Security Act of 1954 as amended. It provides:

            The President is authorized to use not to exceed $20 
        million of the funds appropriated pursuant to subsection (a) of 
        this section for assistance on such terms and conditions as he 
        may specify to schools and libraries abroad founded or 
        sponsored by citizens of the United States and serving as study 
        and demonstration centers for ideas and practices of the United 
        States notwithstanding any other act authorizing assistance of 
        this kind
        And further:

            In addition to the authority contained in this subsection 
        it is the sense of Congress that the President should make a 
        special and a particular effort to utilize foreign currencies 
        accruing under title I of the Agricultural Trade, Development 
        and Assistance Act of 1954 as amended and notwithstanding the 
        provisions of Public Law 213, 82d Congress, the President is 
        authorized to utilize foreign currencies accruing to the United 
        States under this or any other act for the purposes of this 
        subsection and for hospitals abroad designed to serve as 
        centers for medical treatment, education, and research, founded 
        or sponsored by citizens of the United States.

        The Chairman: (12) the Chair is of the opinion that the 
    language of section 400(c) as read by the gentleman from Virginia 
    [Mr. Gary] is sufficient to establish the point that this language 
    is authorized by law; and therefore the Chair overrules the point 
    of order made by the gentleman from Iowa [Mr. Gross].
---------------------------------------------------------------------------
12. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

Presidential Authority to Provide for Participation in International 
    Exhibition

Sec. 17.6 An amendment providing funds for a health exhibit at the 
    Universal and International Exhibition of Brussels was held to be 
    authorized by law.

    On Feb. 26, 1958,(13) during consideration in the 
Committee of the Whole of H.R. 10881, a supplemental appropriation 
bill, a point of order against an amendment was overruled. The 
proceedings were as follows:
---------------------------------------------------------------------------
13. 104 Cong. Rec. 2910, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

                    Funds Appropriated to the President

                 President's special international program

        Not to exceed $1 million of the funds previously appropriated 
    under this head for the trade fair exhibit in Gorki Park, Moscow, 
    may be used for the Universal and International Exhibition of 
    Brussels, 1958, and the limitation thereon as contained in the 
    Supplemental Appropriation Act, 1958, is increased from 
    ``$7,045,000'' to ``$8,045,000.''

[[Page 5534]]

        Mr. [John E.] Fogarty [of Rhode Island]: Mr. Chairman, I offer 
    an amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Fogarty: On page 17, lines 21 and 
        22, strike out ``$8,045,000'' and insert in lieu thereof the 
        following: ``$9,045,000, and in addition there is hereby 
        appropriated $1,000,000 to establish and conduct a health 
        exhibit in connection with the Universal and International 
        Exhibition of Brussels.''

        Mr. [John J.] Rooney [of New York]: Mr. Chairman, I am 
    constrained to make a point of order against this amendment for the 
    reason that the purpose of it is not authorized. . . .
        The Chairman: (14) the Chair is ready to rule.
---------------------------------------------------------------------------
14.  Francis E. Walter (Pa.).
---------------------------------------------------------------------------

        The amendment offered by the gentleman from Rhode Island 
    provides:

            To establish and conduct a health exhibit in connection 
        with the Universal and International Exhibition of Brussels.

        In the statute authorizing our participation in this exhibition 
    it is provided:

            Sec. 2. The President is authorized to provide for United 
        States representation in artistic, dramatic, musical, sports, 
        and other cultural competitions and like exhibitions abroad

        The phrase ``like exhibitions abroad'' in the opinion of the 
    present occupant of the Chair, is sufficiently broad to include the 
    object of the amendment offered by the gentleman from Rhode Island, 
    particularly in view of the fact that in the stated purpose--and, 
    of course, the purpose is not binding, however, it is provided:

            The purpose of this chapter is to strengthen the ties which 
        unite us with other nations by demonstrating the cultural 
        interests, developments, and achievements of the people of the 
        United States.

        It certainly would seem to the present occupant of the Chair 
    that one of the things we could point to with greatest pride would 
    be our accomplishments in the medical field and the contributions 
    being made by the United States economic and social system toward 
    the peaceful and more fruitful life for its own people, and so on.
        Reading the broad general purpose together with the statement 
    in the statute concerning the President's authorization, leads the 
    Chair to conclude that the appropriation is authorized by law.
        The point of order is overruled.

Translation of Foreign Literature

Sec. 17.7 An amendment proposing to earmark part of the appropriation 
    for the United States Information Agency for the establishment of a 
    nonprofit book corporation to provide facilities for the 
    translation and publication of books and other printed matter in 
    various foreign languages was held to be unauthorized by law.

    On Apr. 14, 1955,(15) the Committee of the Whole was 
consid

[[Page 5535]]

ering H.R. 5502, an appropriation bill for the Departments of State and 
Justice, the Judiciary, and related agencies. At one point the Clerk 
read as follows, and proceedings ensued as indicated below:
---------------------------------------------------------------------------
15. 101 Cong. Rec. 4504, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Amendment offered by Mr. O'Hara of Illinois: On page 35, line 
    14 strike out ``Provided'' and insert in lieu thereof the 
    following: ``Provided, That not to exceed $350,000 shall be used 
    for the establishment of a nonprofit book corporation to provide 
    facilities for the translation and publication of books and other 
    printed matter in the various foreign languages: Provided 
    further,''
        Mr. [John J.] Rooney [of New York]: Mr. Chairman, I reserve a 
    point of order against the amendment.
        Mr. [Barratt] O'Hara of Illinois: Mr. Chairman, I had hoped 
    that this amendment would be accepted by the Committee.
        All that this amendment seeks to do is to make available to the 
    peoples of the world the classics of American democracy that were 
    the inspiration of our forefathers and have been an inspiration in 
    our own lives. . . .
        Mr. Rooney: Mr. Chairman, I insist on the point of order There 
    is no authority in law for the appropriation, and it is legislation 
    on an appropriation bill.
        The Chairman: (16) The gentleman from Illinois [Mr. 
    O'Hara] offers an amendment which the Clerk has reported, against 
    which the gentleman from New York [Mr. Rooney] makes a point of 
    order on the ground that it is not authorized by law. Can the 
    gentleman from Illinois, the author of the amendment, cite to the 
    Chair any authority in law for this appropriation?
---------------------------------------------------------------------------
16. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

        Mr. O'Hara of Illinois: Mr. Chairman, I am embarrassed by 
    replying that I cannot.
        The Chairman: The Chair appreciates the gentleman's reply.
        Obviously, the amendment is not in order. The Chair therefore 
    sustains the point of order.

Appropriations to Nations Which Are Not Authorized to Receive Aid

Sec. 17.8 To a bill making appropriations for mutual security, 1952, to 
    countries party to the North Atlantic Treaty and to countries 
    determined by the President to be eligible for such assistance, an 
    amendment providing that a part of the appropriations should be 
    available for Spain, which was not included in either of the two 
    categories, was held to be unauthorized.

    On Oct. 11, 1951,(17) the Committee of the Whole was 
considering H.R. 5684. During consideration of the bill, a point of 
order was sustained against an amendment as indicated below:
---------------------------------------------------------------------------
17. 97 Cong. Rec. 13020, 13025, 13026, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        Military assistance, title I: For assistance authorized by 
    section

[[Page 5536]]

    101(a)(1), $5,072,476,271, of which $44,476,271 is for payment of 
    obligations incurred under authority granted in the Second 
    Supplemental Appropriation Act, 1950, and extended in the Foreign 
    Aid Appropriation Act, 1951, to enter into contracts under the 
    Mutual Defense Assistance Act of 1949, as amended (22 U.S.C. 1571-
    1604); and, in addition, unexpended balances of appropriations 
    heretofore made for carrying out the purposes of title I of the 
    Mutual Defense Assistance Act of 1949, as amended, shall remain 
    available through June 30, 1952, and such unexpended balances of 
    appropriations shall be consolidated with this appropriation; . . .
        Mr. [William J.] Green [Jr., of Pennsylvania]: Mr. Chairman, I 
    offer an amendment which is at the Clerk's desk
        The Clerk read as follows:

            Amendment offered by Mr. Green: On page 2, line 12, after 
        the word ``appropriation'' and before the semicolon, insert 
        ``Provided, That of the amount appropriated by this paragraph 
        the amount of $200,000,000 shall be available for military 
        assistance to Spain.''

        Mr. [J. Vaughan] Gary [of Virginia]: Mr. Chairman, I raise a 
    point of order against the amendment. . . .
        The Chairman: (18) The first section of title I of 
    the Mutual Security Act of 1951 provides authorization for 
    appropriation for military assistance to European countries only in 
    the following categories:
---------------------------------------------------------------------------
18. Francis E. Walter (Pa.).
---------------------------------------------------------------------------

        First. To countries party to the North Atlantic Treaty, and
        Second. To countries determined by the President to be eligible 
    for such assistance under conditions spelled out by the act.
        The act does not authorize appropriations to be available for 
    countries other than those in the categories indicated. The Chair 
    understands that Spain in not a party to the North Atlantic Treaty, 
    and that the President has not designated Spain as an eligible 
    country.
        Therefore, the amendment provides for an appropriation which 
    has not been authorized by law, and the point of order is 
    sustained.

Expenses Incident to Treaty

Sec. 17.9 A treaty providing that representatives of the participating 
    countries were to determine and record amounts of water available 
    for purposes of the treaty and ``to record the amounts of water 
    used for power diversions'' was held to authorize an appropriation 
    for ``investigations, pending authorization for construction, of 
    projects for development . . . for power purposes of waters of the 
    Niagara River''; and a reservation to the treaty that ``no project 
    for redevelopment of the United States share of such waters shall 
    be undertaken until it be specifically authorized by Act of 
    Congress'' was held not to nullify such authorization.

[[Page 5537]]

    On Apr. 10, 1951,(19) the Committee of the Whole was 
considering H.R. 3587, a supplemental appropriation bill. The following 
proceedings took place:
---------------------------------------------------------------------------
19. 97 Cong. Rec. 3575, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

                         niagara power development

        For engineering and economic investigations, pending 
    authorization for construction, of projects for development and 
    utilization for power purposes of the waters of the Niagara River, 
    allocated to the United States under the treaty between the United 
    States of America and Canada signed February 27, 1950, and ratified 
    by the United States Senate on August 9, 1950, to remain available 
    until expended, $450,000.
        Mr. [Ivor D.] Fenton [of Pennsylvania]: Mr. Chairman, a point 
    of order.
        The Chairman: (20) The gentleman will state it.
---------------------------------------------------------------------------
20. James J. Delaney (N.Y.).
---------------------------------------------------------------------------

        Mr. Fenton: Mr. Chairman, I raise a point of order to the 
    language appearing on page 17, lines 9 to 18, inclusive, as an 
    appropriation not authorized by law. . . .
        The Chairman: The Chair is ready to rule.
        The point of order has been made that the item appearing on 
    page 17, lines 9 to 18, inclusive, for Niagara power development is 
    not authorized by law. It will be noted that the language of the 
    proposed appropriation provides for investigations pending 
    authorizations for construction of projects for power purposes of 
    the waters of the Niagara River allocated to the United States 
    under the treaty between the United States of America and Canada 
    signed February 27, 1950, and ratified by the United States Senate 
    on August 9, 1950.
        The Chair has examined a copy of the treaty and finds that the 
    treaty provides in some detail for distribution of the water which 
    flows over the Niagara Falls between the United States and Canada 
    and then in article 7 provides:

            The United States of America and Canada shall each 
        designate a representative, who, acting jointly, shall 
        ascertain and determine the amounts of water available for the 
        purposes of this treaty, and shall record the same, and shall 
        also record the amounts of water for power diversions.

        It has long been settled that a duly ratified treaty to which 
    the United States is party constitutes authority of law for 
    appropriations. And it has also been settled by decisions of the 
    Chair that the treaty need not specifically authorize specific 
    appropriations. It is necessary only that the proposed 
    appropriations be directly necessary to enable the United States to 
    carry out the obligations it has assumed under the treaty For 
    example, in volume 7 of Cannon's Precedents, section 1138, a 
    decision is recorded holding that where the United States has 
    entered into a treaty establishing an international institute it is 
    in order to appropriate the necessary funds to send delegates to 
    the institute. It was further held in section 1142, volume 7, 
    Cannon's Precedents, that a treaty providing for mutual reports by 
    contracting parties to an international bureau was held to

[[Page 5538]]

    sanction appropriations for the bureau's maintenance although no 
    treaty had been entered into providing for the establishment of the 
    bureau itself.
        It seems clear, therefore, that the proposed appropriation is 
    entirely within the purview of the treaty, as its only purpose is 
    to provide the necessary funds for the United States to pay the 
    expenses of the duly authorized representative of the United States 
    acting under article 7 of the treaty.
        The Chair, therefore, overrules the point of order.

Cultural Relations Program

Sec. 17.10 To a bill making appropriations for the Department of State, 
    an amendment providing an appropriation for an information and 
    cultural program to be disseminated in foreign countries was held 
    to be unauthorized.

    On May 14, 1947,(1) during consideration in the 
Committee of the Whole of a general appropriation bill (H.R. 3311), a 
point of order was raised against the following amendment:
---------------------------------------------------------------------------
 1. 93 Cong. Rec. 5291, 5292, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [J. Vaughan] Gary [of Virginia]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Gary: Page 2, line 18, after the 
        semicolon insert ``acquisition, production, and free 
        distribution of informational materials for use in connection 
        with the operation, independently or through individuals, 
        including aliens, or public or private agencies (foreign or 
        domestic), and without regard to section 3709 of the Revised 
        Statutes, of an information program outside of the continental 
        United States, including the purchase of radio time . . . and 
        the purchase, rental . . . and operation of facilities for 
        radio transmission and reception, the acquisition of land and 
        interests in land . . . for radio broadcasting and relay 
        facilities, and the acquisition or construction of buildings 
        and necessary improvements on such lands; purchase and 
        presentation of various objects of a cultural nature suitable 
        for presentation (through diplomatic and consular offices) to 
        foreign governments, schools, or other cultural or patriotic 
        organizations . . . not to exceed $13,000 for entertainment.''

        Mr. [Karl] Stefan [of Nebraska]: Mr. Chairman, I make a point 
    of order against the amendment.
        The Chairman: (2) The gentleman will state his point 
    of order.
---------------------------------------------------------------------------
 2. Carl T. Curtis (Nebr.).
---------------------------------------------------------------------------

        Mr. Stefan: Mr. Chairman, I make the point of order this is not 
    authorized by law and it is legislation on an appropriation bill. . 
    . .
        The Chairman: Does the gentleman from Virginia desire to be 
    heard on the point of order?
        Mr. Gary: I do not, Mr. Chairman.
        The Chairman: The Chair is prepared to rule. It is the opinion 
    of the Chair that the amendment does propose legislation on an 
    appropriation bill, the functions therein referred to not being 
    authorized by law. The point of order is sustained.

[[Page 5539]]

Sec. 17.11 An appropriation to enable the Secretary of State to carry 
    out a program of ``cultural relations with China and countries of 
    the Near East and Africa'' was held unauthorized by law and to be 
    legislation waiving existing law.

    On Mar. 15, 1945,(3) 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:
---------------------------------------------------------------------------
 3. 91 Cong. Rec. 2307, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Cultural relations with China and the neighboring countries and 
    countries of the Near East and Africa: For all expenses, without 
    regard to section 3709 of the Revised Statutes, necessary to enable 
    the Secretary of State independently or in cooperation with other 
    agencies of the Government to carry out a program of cultural 
    relations with China and the neighboring countries and with 
    countries of the Near East and Africa, $1,390,000 (payable from the 
    appropriation ``Emergency fund for the President,'' contained in 
    the First Supplemental National Defense Appropriation Act, 1943, as 
    supplemented and amended). . . .
        Mr. [Henry C.] Dworshak [of Idaho]: Mr. Chairman, I make a 
    point of order against all of the paragraph beginning line 25, page 
    29, to and including line 17, on page 31, on the ground it is 
    legislation on an appropriation bill and there is no authority in 
    law for such an appropriation.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I concede 
    the point of order.
        The Chairman: (4) The point of order is sustained
---------------------------------------------------------------------------
 4. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

International Conference on Education

Sec. 17.12 Appropriations for a Conference of Allied Ministers of 
    Education in London were conceded and held to be unauthorized by 
    law.

    On Mar. 15, 1945,(5) the Committee of the Whole was 
considering H.R. 2603, a bill making appropriations for the State, 
Judiciary, and Commerce Departments, and the Federal Loan Agency. The 
following proceedings took place:
---------------------------------------------------------------------------
 5. 91 Cong. Rec. 2307, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Conference of Allied Ministers of Education in London: For all 
    necessary expenses of the participation by the United States in the 
    Conference of Allied Ministers of Education in London, or its 
    successor, and in addition for surveys and studies related to the 
    work thereof, including personal services in the District of 
    Columbia and elsewhere without regard to civil-service and 
    classification laws; travel expenses without regard to the 
    Standardized Government Travel Regulations and the Subsistence 
    Expense Act of 1926, as amended; entertainment,

[[Page 5540]]

    stenographic reporting and other services by contract, books of 
    reference and periodicals, and rent of office space, without regard 
    to section 3709 of the Revised Statutes; printing and binding; and 
    the share of the United States in the expenses of the secretariat 
    of the Conference; $172,000, payable from the appropriation 
    ``Emergency fund for the President,'' contained in the First 
    Supplemental National Defense Appropriation Act, 1943, as 
    supplemented and amended.
        Mr. [Robert F.] Jones [of Ohio]: Mr. Chairman, I make a point 
    of order against the entire paragraph, beginning line 7, page 29, 
    and continuing through line 24, on the ground this is not 
    authorized by law.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede 
    the point of order.
        The Chairman: (6) The point of order is sustained.
---------------------------------------------------------------------------
 6. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

Foreign Service Incidental Expenses

Sec. 17.13 ``Representation'' allowances for ambassadors and foreign 
    service officers were held authorized by law.

    On Feb. 26, 1943,(7) the Committee of the Whole was 
considering H.R. 1975, a deficiency appropriation bill Proceedings were 
as follows:
---------------------------------------------------------------------------
 7. 89 Cong. Rec. 1369, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Foreign Service, auxiliary (emergency): For an additional 
    amount for Foreign Service, auxiliary (emergency), Department of 
    State, fiscal year 1943, including the objects specified under this 
    head in the Department of State Appropriation Act, 1943, $491,000: 
    Provided, That cost of living and representation allowances, as 
    authorized by the act approved February 23, 1931, as amended, may 
    be paid from this appropriation to American citizens employed 
    hereunder.
        Mr. [Edward H.] Rees of Kansas: Mr. Chairman, a point of order.
        The Chairman: (8) The gentleman will state it.
---------------------------------------------------------------------------
 8. Howard W. Smith (Va.).
---------------------------------------------------------------------------

        Mr. Rees of Kansas: Mr. Chairman, I make a point of order 
    against the words ``and representation,'' in line 11 on page 23, on 
    the ground that they are legislation on an appropriation bill.
        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, the item is 
    authorized by law. Paragraph 12 of title XXII, found on page 1877 
    of the United States Code, provides specific authorization for the 
    item.
        Mr. Rees of Kansas: As I understand, this appropriation is for 
    a new auxiliary service, not the regular service.
        The Chairman: Will the gentleman from Missouri advise the Chair 
    whether the auxiliary service referred to in the paragraph is 
    authorized by law?
        Mr. Cannon of Missouri: This comes within the provisions of the 
    statute, which reads:

            Under such regulations as the President may prescribe, and 
        within the limitations of such appropriations as may be made 
        therefor, which appropriations are authorized, ambassadors, 
        ministers, Diplomatic,

[[Page 5541]]

        Consular, and Foreign Service officers may be granted 
        allowances for representation; and also post allowances 
        wherever the cost of living may be proportionately so high 
        that, in the opinion of the Secretary of State, such allowances 
        are necessary to enable such Diplomatic, Consular, and Foreign 
        Service officers to carry on their work efficiently.

        The Chairman: The Chair has advised itself on the language 
    referred to by the gentleman from Missouri, but the point on which 
    the Chair would like to be enlightened is the language in the last 
    sentence of the paragraph referring to the fact that moneys may be 
    paid from this appropriation to American citizens employed 
    thereunder.
        Mr. Cannon of Missouri: Mr. Chairman, there is no specific 
    legislation authorizing the Foreign Service Auxiliary, but it is in 
    existence and is in operation at this time for this fiscal year. No 
    point of order was made by the gentleman on that score. The point 
    of order was directed at the provision for representation 
    allowances, which are authorized by law, as I have indicated.
        Mr. Rees of Kansas: Not for this kind of organization, Mr. 
    Chairman.
        The Chairman: Will the gentleman from Missouri kindly answer 
    one more questions the Chair has in mind? Is there legislative 
    authorization for representation allowances to be made to American 
    citizens employed in accordance with this paragraph?
        Mr. Cannon of Missouri: Mr. Chairman, language could not be 
    more explicit than that just cited from paragraph 12 of title XXII, 
    which specifically covers authorization of appropriations for cost 
    of living and representation allowances under such circumstances.
        The Chairman: What the Chair is concerned about is, Does the 
    term ``American citizens'' as used in this paragraph refer to 
    ambassadors, ministers, diplomatic, consular, and Foreign Service 
    officers. Is that what the committee has in mind?
        Mr. Cannon of Missouri: Unless they were American citizens they 
    could not be serving as representatives of this Government.
        The Chairman: Are they employees under the terms of this law?
        Mr. Cannon of Missouri: Certainly; there can be no question 
    about it.
        The Chairman: In view of the explanation made by the chairman 
    of the Committee on Appropriations as to the existing law, the 
    Chair is constrained to overrule the point of order made by the 
    gentleman from Kansas.(9)
---------------------------------------------------------------------------
 9. A further point of order made by Mr. Rees is discussed in 
        Sec. 17.14, infra.
---------------------------------------------------------------------------

Foreign Service Auxiliary.

Sec. 17.14 Appropriations for the Foreign Service Auxiliary were not 
    authorized by law.

    On Feb. 26, 1943,(10) the Committee of the Whole was 
considering H.R. 1975, a deficiency appropriation. At one point the 
Clerk read as follows, and proceedings ensued as indicated below:
---------------------------------------------------------------------------
10. 89 Cong. Rec. 1369, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        Foreign Service, auxiliary (emergency): For an additional 
    amount for

[[Page 5542]]

    Foreign Service, auxiliary (emergency), Department of State, fiscal 
    year 1943, including the objects specified under this head in the 
    Department of State Appropriation Act, 1943, $491,000: Provided, 
    That cost of living and representation allowances, as authorized by 
    the act approved February 23, 1931, as amended, may be paid from 
    this appropriation to American citizens employed hereunder.
        Mr. [Edward H.] Rees of Kansas: Mr. Chairman, I make the . . . 
    point of order against the language in lines 6 to 13 on page 23 
    that it is legislation on an appropriation bill not authorized by 
    law. . . .
        Mr. [Clarence] Cannon of Missouri: We have passed the 
    proposition, Mr. Chairman; we are now on the proviso. The point of 
    order made by the gentleman did not apply to the first portion, 
    which is a separate entity as against the proviso. Inasmuch as the 
    point of order was not interposed at the time, it now comes too 
    late.(11)
---------------------------------------------------------------------------
11. The prior point of order is discussed in Sec. 17.13, supra.
---------------------------------------------------------------------------

        The Chairman: (12) The Chair advises the gentleman 
    from Missouri that he will hold that the point of order does not 
    come too late, in view of the fact that the proviso is a part of 
    the paragraph. Does the gentleman desire to advise the Chair any 
    further on the paragraph?
---------------------------------------------------------------------------
12. Howard W. Smith (Va.).
---------------------------------------------------------------------------

        Mr. Cannon of Missouri. The point has been covered.
        The Chairman: Will the gentleman from Missouri point out to the 
    Chair the legislative authority for the Foreign Service Auxiliary? 
    The section referred to by the gentleman from Missouri, which has 
    been analyzed by the Chair, refers to the language [``and 
    representation''] on line 11, page 23. Is there legislation to 
    which the gentleman can refer the Chair authorizing the Foreign 
    Service Auxiliary?
        Mr. Cannon of Missouri: There is no specific legislation on 
    that, Mr. Chairman.
        The Chairman: In view of the statement of the gentleman from 
    Missouri, the Chair sustains the point of order made by the 
    gentleman from Kansas.

International Committee on Political Refugees

Sec. 17.15 An appropriation for expenses of participation by the United 
    States in the International Committee on Political Refugees was not 
    authorized by law.

    On June 23, 1939, (13) the Committee of the Whole was 
considering H.R. 6970, a deficiency and supplemental appropriation 
bill. The following proceedings took place:
---------------------------------------------------------------------------
13. 84 Cong. Rec. 7827, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        International Committee on Political Refugees: For the expenses 
    of participation by the United States in the International 
    Committee on Political Refugees, including personal services in the 
    District of Columbia and elsewhere without regard to the civil 
    service laws and regulations or the Classification Act of 1923, as 
    amended; sten

[[Page 5543]]

    ographic reporting, translating, and other services by contract if 
    deemed necessary, without regard to section 3709 of the Revised 
    Statutes (41 U.S.C. 5); rent; traveling expenses; purchase of 
    necessary books, documents, newspapers, and periodicals; 
    stationery, equipment; official cards; printing and binding; 
    entertainment; and such other expenses as may be authorized by the 
    Secretary of State, including the reimbursement of other 
    appropriations from which payments may have been made for any of 
    the purposes herein specified, fiscal year 1940, $20,000, together 
    with the unexpended balance of the appropriation for this purpose 
    for the fiscal years 1938 and 1939 contained in the Second 
    Deficiency Appropriation Act, fiscal year 1938: Provided, That no 
    salary shall be paid hereunder at a rate in excess of $10,000 per 
    annum.
        Mr. [John] Taber [of New York]: Mr. Chairman, I make the point 
    of order on the paragraph on the ground that it is not authorized 
    by law.
        The Chairman: (14) Does the gentleman from Virginia 
    wish to be heard upon the point of order?
---------------------------------------------------------------------------
14. R. Ewing Thomason (Tex.).
---------------------------------------------------------------------------

        Mr. [Clifton A.] Woodrum of Virginia: Mr. Chairman, I think the 
    point of order is well taken.
        The Chairman: The point of order is sustained.

Ambassadors' and Ministers' Pay

Sec. 17.16 Where the President at will has raised a legation to an 
    embassy or reduced an embassy to a legation and followed it with an 
    appointment under his constitutional authority in article II 
    section 2, that has been approved by the Senate, an appropriation 
    for the salary of the appointee has been held in order if the rate 
    of pay was not in contravention of law.

    On May 19, 1939, (15) the Committee of the Whole was 
considering H.R. 6392, a State, Justice, Judiciary, and Commerce 
Departments appropriation. The following proceedings took place:
---------------------------------------------------------------------------
15. 84 Cong. Rec. 5846, 5847, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

                            Foreign Intercourse

        Salaries, Ambassadors and Ministers: Ambassadors Extraordinary 
    and Plenipotentiary to Argentina, Brazil, Chile, China, Colombia, 
    Cuba, France, Germany, Great Britain, Italy, Japan, Mexico, Panama, 
    Peru, Poland, Spain, Turkey, Union of Soviet Socialist Republics, 
    and Venezuela, at $17,500 each;
        Mr. [John M.] Vorys of Ohio: Mr. Chairman, I make the point of 
    order in the paragraph to the words ``Columbia'' in line 21, 
    ``Panama'' in line 22, ``Union of Soviet Socialist Republics'' and 
    ``Venezuela'' in line 23. I make the point of order that each is an 
    appropriation not authorized by law. Title 22, section 31, of the 
    Code sets forth the act of March 2, 1909, which provides:

            No new ambassadorships shall be created unless the same 
        shall be provided for by act of Congress.

[[Page 5544]]

        As to the other ambassadorships which are listed in this 
    paragraph, they have been provided for by acts of Congress. As to 
    these four, the Union of Soviet Socialist Republics has no 
    statutory authorization, and the other three are new 
    ambassadorships created in South America during last fall by the 
    Department of State, for which there is no authority in law. There 
    is not only no authority, but the appropriation is in clear 
    violation of the act of Congress which I have quoted, which forbids 
    the creation of new ambassadorships unless the same shall be 
    provided for by act of Congress. . . .
        The Chairman: (16) Will the gentleman permit the 
    Chair to ask the gentleman from Ohio a question? The Chair would 
    like to know whether or not the gentleman has taken the position 
    that the Ambassadors or Ministers referred to have not been 
    actually appointed and confirmed.
---------------------------------------------------------------------------
16. Harold D. Cooley (N.C.).
---------------------------------------------------------------------------

        Mr. Vorys of Ohio: Oh, no, Mr. Chairman, that is not the point 
    at all.
        The Chairman: The gentleman concedes that these Ambassadors 
    have been appointed and confirmed by the Senate?
        Mr. Vorys of Ohio: I concede that.
        The Chairman: The Chair feels justified in taking judicial 
    notice of the appointment of these Ambassadors to these various 
    countries named. . . .
        The Chair is prepared to rule. This specific question seems to 
    have been passed upon on a former occasion. In Cannon's Precedents, 
    volume 7, section 1248, we find the following language:

            The power of the President to appoint diplomatic 
        representatives to foreign governments and to determine their 
        rank is derived from the Constitution and may not be 
        circumscribed by statutory enactments.
            Where the President has appointed a diplomatic 
        representative and the appointment has been approved by the 
        Senate, a point of order does not lie against an appropriation 
        for the salary of such representative unless the rate of pay 
        has been otherwise fixed by law.
            A statute prohibiting the creation of new ambassadorships 
        except by act of Congress is in contravention of the 
        President's constitutional prerogatives and will not support a 
        point of order against an appropriation for the salary of an 
        ambassadorship not created by act of Congress but appointed by 
        the President and confirmed by the Senate.
            The President, at will, may raise a legation to an embassy 
        or reduce an embassy to a legation, any statute to the contrary 
        notwithstanding, and where the President has made such change 
        and followed it with an appointment which has been approved by 
        the Senate, an appropriation for the salary of the appointee is 
        in order unless the rate of pay is in contravention of law.

        In the decision to which the Chair has referred the Honorable 
    Horace M. Towner, of Iowa, Chairman of the Committee of the Whole 
    House on the state of the Union, referred to the identical statute 
    referred to by the gentleman from Ohio, and that was taken into 
    consideration at the time the decision was rendered.
        In view of the precedents of the House, the Chair overrules the 
    point of order.

Sec. 17.17 An appropriation for the salary of a particular U.S minister 
    to a foreign country

[[Page 5545]]

    is not authorized by law (the Constitution) if the President has 
    made an appointment but the Senate has not confirmed the appointee.

    On Aug. 17, 1937,(17) the Committee of the Whole was 
considering H.R. 8245, a deficiency appropriation bill. The following 
proceedings took place:
---------------------------------------------------------------------------
17. 81 Cong. Rec. 9175, 9176, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        Salaries of ambassadors and ministers: For an additional amount 
    for salaries of ambassadors and ministers, fiscal year 1938, for 
    the salary of an envoy extraordinary and minister plenipotentiary 
    to Lithuania at $10,000 per annum, $8,333.34: Provided, That the 
    appropriation for salaries of ambassadors and ministers, fiscal 
    year 1938, shall be available for payment of the salary of an envoy 
    extraordinary and minister plenipotentiary to Estonia and Latvia at 
    $10,000 per annum. . . .
        Mr. [Hamilton] Fish [Jr., of New York]: Mr. Chairman, I make a 
    point of order against the language on page 28, lines 4 to 12, 
    inclusive, as constituting legislation on an appropriation bill, 
    not authorized by law. It creates a new position, that of Minister 
    of Lithuania. The President has no constitutional right and is 
    empowered by no act of Congress to create additional positions. . . 
    .
        The Chairman: (18) The Chair is ready to rule As 
    stated by the gentleman from Virginia, the President has the right 
    to appoint. At the present time, however, the Senate has not 
    confirmed the appointment. The appropriation, therefore, is subject 
    to a point of order.
---------------------------------------------------------------------------
18. Claude V. Parsons (Ill.).
---------------------------------------------------------------------------

        The Chair sustains the point of order.

Arms Control and Disarmament

Sec. 17.18 A paragraph in a general appropriation bill containing funds 
    for the Arms Control and Disarmament Agency was conceded to be 
    unauthorized by law for the fiscal year in question and was ruled 
    out in violation of Rule XXI clause 2.

    On June 14, 1978,(19) during consideration in the 
Committee of the Whole of the Departments of State, Justice, Commerce, 
and Judiciary appropriation bill (H.R. 12934) a point of order was 
raised and sustained against the following provision:
---------------------------------------------------------------------------
19. 124 Cong. Rec. 17629, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

                    Arms Control and Disarmament Agency

                  arms control and disarmament activities

        For necessary expenses, not otherwise provided for, for arms 
    control and disarmament activities, including not to exceed $15,000 
    for official reception and representation expenses, author

[[Page 5546]]

    ized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 
    et seq.), $16,395,000.
        Mr. [John H.] Rousselot [of California]: Mr. Chairman, I make a 
    point of order on the basis of clause 2, rule XXI, that this is an 
    unauthorized appropriation and is not authorized by law.
        Mr. [John M.] Slack [of West Virginia]: Mr. Chairman, I concede 
    the point of order.
        The Chairman: (20) The gentleman from West Virginia 
    (Mr. Slack) concedes the point of order, the paragraph is stricken, 
    and the Clerk will read.
---------------------------------------------------------------------------
20. George E. Brown, Jr. (Calif.).
---------------------------------------------------------------------------

    Parliamentarian's Note: 22 USC Sec. 2589 contains specific 
authorization for this agency on a fiscal year basis, and the bill 
amending this law to authorize appropriations for fiscal 1979 had 
passed both Houses prior to June 14 but had not yet been enacted into 
law (Public Law No. 95-338). This agency was not covered by the State 
Department authorization restriction cited supra, but is an independent 
agency governed solely by 22 USC Sec. Sec. 2551-2589.

Board for International Broadcasting

Sec. 17.19 A paragraph in a general appropriation bill containing funds 
    for the Board for International Broadcasting was conceded to be 
    unauthorized by law for the fiscal year in question and was ruled 
    out in violation of Rule XXI clause 2.

    On June 14, 1978, (1) during consideration in the 
Committee of the Whole of the Departments of State, Justice, Commerce, 
and Judiciary appropriation bill (H.R. 12934), a point of order was 
sustained against the following provision:
---------------------------------------------------------------------------
 1. 124 Cong. Rec. 17629, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

                      Board for International Broadcasting

                              grants and expenses

            For expenses of the Board for International Broadcasting, 
        including grants to RFE/RL, Inc., $85,000,000, of which 
        $2,000,000, to remain available until expended, shall be 
        available only for fluctuations in foreign currency exchange 
        rates in accordance with the provisions of section 8 of the 
        Board for International Broadcasting Act of 1973, as amended: 
        Provided, That not to exceed $40,000 shall be available for 
        official reception and representation expenses.

        Mr. [John H.] Rousselot [of California]: Mr. Chairman, I make a 
    point of order on the basis of clause 2, rule XXI, that this is an 
    unauthorized appropriation and has not been authorized by law.
        Mr. [John M.] Slack [of West Virginia]: Mr. Chairman, I concede 
    the point of order.

[[Page 5547]]

        The Chairman: (2) The gentleman from West Virginia 
    (Mr. Slack) concedes the point of order.
---------------------------------------------------------------------------
 2. George E. Brown, Jr. (Calif.).
---------------------------------------------------------------------------

        The paragraph is stricken and the Clerk will read.

    Parliamentarian's Note: 22 USC Sec. 2877 contains specific 
authorization for the Board on a fiscal year basis, and the fiscal 1979 
authorization bill for this Board was part of H.R. 12598, State 
Department and other agencies authorization bill, which had passed the 
House but not the Senate on this date (see Public Law No. 95-426). 
Under 22 USC Sec. 2872, however, the Board was established 
independently of the Department of State and was not therefore subject 
to the restrictions in 22 USC Sec. 2680(a) requiring specific 
authorization for State Department activities.

International Communications Agency

Sec. 17.20 The creation of the International Communications Agency by 
    Reorganization Plan No. 2 of 1977 was conceded not to constitute 
    sufficient authorization in law for appropriations for that agency 
    for fiscal 1979, where under section 2 of that plan the agency 
    remained subject to direction of the Department of State and thus 
    subject to the requirement for specific authorization in law 
    applicable to the Department, where the specific authorization bill 
    for the fiscal year in question had not yet been enacted, and where 
    the reorganization plan contained no specific authorization for 
    appropriations.

    On June 14, 1978,(3) during consideration in the 
Committee of the Whole of the Departments of State, Justice, Commerce, 
and Judiciary appropriation bill (H.R. 12934), a point of order was 
sustained against the following provision:
---------------------------------------------------------------------------
 3. 124 Cong. Rec. 17630, 95th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

                       International Communication Agency

                             salaries and expenses

            For expenses, not otherwise provided for, necessary to 
        enable the International Communication Agency, as authorized by 
        Reorganization Plan No. 2 of 1977, the Mutual Educational and 
        Cultural Exchange Act (22 U.S.C. 2451 et seq.), and the United 
        States Information and Educational Exchange Act, as amended (22 
        U.S.C. 1431 et seq.), to carry out international communication, 
        educational and cultural activities. . . .

        Mr. [John H.] Rousselot [of California]: Mr. Chairman, I make a 
    point

[[Page 5548]]

    of order on the basis of rule XXI, clause 2, that this is an 
    unauthorized appropriation and has not been authorized by law.
        Mr. [John M.] Slack [of West Virginia]: Mr. Chairman, I concede 
    the point of order.
        The Chairman: (4) The point of order is conceded, 
    sustained, and the paragraph is stricken.
---------------------------------------------------------------------------
 4. George E. Brown, Jr. (Calif.).
---------------------------------------------------------------------------

Department of State, Requirement for Annual Authorization

Sec. 17.21 Appropriations in a general appropriation bill for the 
    Department of State, including salaries and expenses, 
    representation allowances, expenses under the Foreign Services 
    Buildings Act, special foreign currency program, emergencies in the 
    diplomatic and consular service, retirement and disability fund, 
    international conferences, international peacekeeping activities, 
    missions to international organizations, international conferences 
    and contingencies, international trade negotiations, international 
    commissions, construction, and general provisions, no 
    authorizations for such appropriations having been enacted for the 
    fiscal year in question as specifically required by law, were 
    conceded to be unauthorized and were ruled out as in violation of 
    Rule XXI clause 2.

    Pursuant to law [22 USC Sec. 2680(a)(1)], no funds shall be 
available to the Department of State for obligation or expenditure 
unless the appropriation thereof has been authorized by law enacted 
after February 1972 (thus requiring specific subsequently enacted 
authorizations for both the direct operations of that Department and 
related functions delegated to it by laws enacted prior to that date, 
and not permitting appropriations under Rule XXI clause 2 to be 
authorized by the ``organic statute'' or other laws earlier authorizing 
appropriations for related activities). Accordingly, on June 14, 1978, 
(5) during consideration of H.R. 12934 (Departments of 
State, Justice, Commerce, and the Judiciary, and related agencies 
appropriations for fiscal 1979), several points of order made against 
paragraphs of the bill were conceded and sustained. Among the 
provisions subject to points of order were the following:
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 5. 124 Cong. Rec. 17616, 17617, 17620, 95th Cong. 2d Sess.
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        The Clerk read as follows:

[[Page 5549]]

            For necessary expenses of the Department of State and the 
        Foreign Service, not otherwise provided for, including 
        allowances as authorized by 5 U.S.C. 5921-5925; expenses of 
        binational arbitrations arising under international air 
        transport agreements; expenses necessary to meet the 
        responsiblities and obligations of the United States in Germany 
        (including those arising under the supreme authority assumed by 
        the United States on June 5, 1945, and under contractual 
        arrangements with the Federal Republic of Germany) . . . 
        $659,000,000. . . .

        Mr. [John H.] Rousselot [of California]: Mr. Chairman, I make a 
    point of order against this language in this paragraph in that it 
    amounts to an unauthorized appropriation, and it cannot be 
    contained in an appropriation bill unless authorized by law. . . .
        Mr. [John M.] Slack [of West Virginia]: . . . Mr. Chairman, the 
    gentleman is correct if he insists on his point of order, in which 
    event I would concede the point of order.
        The Chairman: (6) The point of order is conceded and 
    sustained. The paragraph in question is stricken from the bill. . . 
    .
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 6. George E. Brown, Jr. (Calif.).
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        The Clerk read as follows:

            For necessary expenses of carrying into effect the Foreign 
        Service Buildings Act, 1926, as amended (22 U.S.C. 292-300), 
        including personal services in the United States and abroad; 
        salaries and expenses of personnel and dependents as authorized 
        by the Foreign Service Act of 1946, as amended (22 U.S.C 801-
        1158); allowances as authorized by 5 U.S.C. 5921-5925; and 
        services as authorized by 5 U.S.C. 3109; $125,000,000, to 
        remain available until expended: Provided, That not to exceed 
        $2,544,000 may be used for administrative expenses during the 
        current fiscal year. . . .

        Mr. Rousselot: Mr. Chairman, I make a point of order against 
    the language in this paragraph in that it amounts to an 
    unauthorized appropriation, and it cannot be contained in an 
    appropriation bill unless authorized by law. . . .
        Mr. Slack: . . . Mr. Chairman, again, if the gentleman from 
    California insists on his point of order, I concede the point of 
    order. . . .
        The Clerk read as follows:

            For payment to the Foreign Service Retirement and 
        Disability Fund, as authorized by law, $38,107,000.

        Mr. Rousselot: Mr. Chairman, on the basis of clause 2, rule 
    XXI, I make the same point of order. . . .

        Mr. Slack: Mr. Chairman, I concede the point of order.
        The Chairman: The Chair makes the same ruling. . . .
        The Clerk read as follows:

                        international trade negotiations

            For necessary expenses of participation by the United 
        States in international trade negotiations, including not to 
        exceed $25,000 for representation allowances, as authorized by 
        section 901 of the Act of August 13, 1946, as amended (22 
        U.S.C. 1131), and for official entertainment, $4,717,000: 
        Provided, That this appropriation shall be available in 
        accordance with the authority provided in the current 
        appropriation for ``International conferences and 
        contingencies''.

        Mr. Rousselot: Mr. Chairman, on the basis of clause 2, rule 
    XXI, I make the same point of order once again. . . .

[[Page 5550]]

        Mr. Slack: Mr. Chairman, I concede the point of order.
        The Chairman: The Chair sustains the point of order. In each 
    case the paragraph will be stricken.