[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[B. Appropriations for Unauthorized Purposes]
[Â§ 13. Defense and Veterans]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5459-5465]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
              B. APPROPRIATIONS FOR UNAUTHORIZED PURPOSES
 
Sec. 13. Defense and Veterans

Veterans' Administration

Sec. 13.1 Language in a general appropriation bill including funds for 
    Veterans' Administration operating expenses, providing expenses for 
    the issuance of memorial certificates to families of deceased 
    veterans, was conceded to be unauthorized by law.

    On May 11, 1965,(13) during consideration in the 
Committee of the Whole of the independent offices appropriations bill 
(H.R. 7997), a point of order was raised against the following 
provision:
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13. 111 Cong. Rec. 10166, 89th Cong. 1st Sess.
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         The Clerk read as follows:

                            Veterans Administration

                           General operating expenses

            For necessary operating expenses of the Veterans 
        Administration, not otherwise provided for, including expenses 
        incidental to securing employment for [and recognition of war 
        veterans;] uniforms or allowances therefor, as authorized by 
        law; not to exceed $1,000 for official reception and 
        representation expenses; purchase of one passenger motor 
        vehicle (medium sedan for replacement only) at not to exceed 
        $3,000; and reimbursement of the General Services 
        Administration for security guard services; $157,000,000: 
        Provided, That no part of this appropriation shall be used to 
        pay in excess of

[[Page 5460]]

        twenty-two persons engaged in public relations work. . . .

        Mr. [Robert J.] Dole [of Kansas]: Mr. Chairman, I make a point 
    of order against the language on page 39, commencing in line 18 
    with the words ``and recognition of war veterans'' on the basis 
    that it is legislating in an appropriation bill and not authorized.
        The Chairman: (14) Does the gentleman from Texas 
    [Mr. Thomas] wish to be heard on the point of order?
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14. Richard Bolling (Mo.).
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        Mr. [Albert] Thomas: Does the gentleman wish that the words 
    ``war veterans'' go with it? If the gentleman does, the gentleman's 
    point of order is good, if the gentleman insists upon it. I hope 
    the gentleman does not. The gentleman knows what the program is. It 
    is not too expensive. It is a recognition to which certainly any 
    deceased veteran's family is entitled. But if my distinguished 
    friend insists upon it, we have to admit the point of order is 
    good, because it is.
        Mr. Dole: I will say to the gentleman that I shall insist upon 
    the point of order. There is legislation pending now and the 
    projected cost of this little program is $4.2 million. On that 
    basis, Mr. Chairman, I insist upon the point of order.
        The Chairman: The gentleman makes a point of order against the 
    language on line 18 and the point of order is good and the Chair 
    sustains it.

Committee on Fair Employment Practice

Sec. 13.2 An amendment to a war agencies appropriation bill making an 
    appropriation for the Fair Employment Practice Committee was held 
    unauthorized by law.

    On June 8, 1945,(15) the Committee of the Whole was 
considering H.R. 3368, a war agencies appropriation.
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15. 91 Cong. Rec. 5831, 79th Cong. 1st Sess.
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        Amendment offered by Mr. Marcantonio: Page 35, after line 24, 
    insert the following new paragraph:
        ``Fair Employment Practice Committee: For all necessary 
    salaries and expenses, $599,000.''
        Mr. [John E.] Rankin [of Mississippi]: Mr. Chairman, a point of 
    order.
        The Chairman: (16) The gentleman will state the 
    point of order.
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16. John J. Sparkman (Ala.).
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        Mr. Rankin: Mr. Chairman, I make the point of order that the 
    amendment is not germane, it is not in order on this bill, it is 
    legislation on an appropriation bill and it is not authorized by 
    law. . . .
        The Chairman: The point of order is well taken. It is . . . not 
    authorized by law. The point of order is sustained.

Foreign Military Assistance

Sec. 13.3 Appropriations to enable the President, through such 
    departments or agencies of the government as he might designate, 
    further to carry out the provisions of the act

[[Page 5461]]

    of Mar. 11, 1941, to promote the defense of the United States, were 
    held authorized by the act cited and were not a conferral of new 
    authority on the President.

    On Dec. 5, 1941,(17) the Committee of the Whole was 
considering H.R. 6159, a supplemental appropriation for national 
defense. At one point the Clerk read as follows:
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17. 87 Cong. Rec. 9482, 77th Cong. 1st Sess.
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                           Title III--Defense Aid

        Sec. 301. To enable the President, through such departments or 
    agencies of the Government as he may designate, further to carry 
    out the provisions of an act to promote the defense of the United 
    States, approved March 11, 1941, and for each and every purpose 
    incident to or necessary therefor, the following sums for the 
    following respective purposes, namely:
        (a) For the procurement, by manufacture or otherwise, of 
    defense articles, information, and services for the government of 
    any country whose defense the President deems vital to the defense 
    of the United States, and the disposition thereof, including all 
    necessary expenses in connection therewith, as follows:
        (1) Ordnance and ordnance stores, supplies, spare parts, and 
    materials, including armor and ammunition and components thereof, 
    $830,507,246. . . .

        (6) Facilities and equipment for the manufacture, production, 
    or operation of defense articles and for otherwise carrying out the 
    purposes of the act of March 11, 1941, including the acquisition of 
    land, and the maintenance and operation of such facilities and 
    equipment, $125,000,000. . . .
        (c) Each of the foregoing appropriations shall be additional 
    to, and consolidated with, the appropriations for the same purposes 
    contained in section 1 (a) of the Defense Aid Supplemental 
    Appropriation Act, 1941, and section 101 (a) of the Defense Aid 
    Supplemental Appropriation Act, 1942, and the proviso in section 
    101 (f) of such latter act shall be applicable to such consolidated 
    appropriations.
        Sec. 302. Any defense article procured pursuant to this title 
    shall be retained by or transferred to and for the use of such 
    department or agency of the United States as the President may 
    determine, in lieu of being disposed of to a foreign government, 
    whenever in the judgment of the President the defense of the United 
    States will be best served thereby. . . .
        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make 
    the point of order against title III that it is legislation on an 
    appropriation bill.
        The Chairman: (18) Will the gentleman point out for 
    the benefit of the Chair what there is in the title that is 
    legislation?
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18. Robert Ramspeck (Ga.).
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        Mr. Rich: It reads as follows:

            To enable the President, through such departments or 
        agencies of the Government as he may designate, further to 
        carry out the provisions of an act to promote the defense of 
        the United States.

        It gives the President of the United States power here.

[[Page 5462]]

        The Chairman: The Chair will be glad to hear the gentleman from 
    Missouri on the point of order.
        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, that is merely 
    a repetition of what is in the act of March 11, 1941, which fully 
    authorizes every item in the title with the exception of section 
    302, and that paragraph is no longer subject to a point of order 
    because consent has been given to consider it and allow amendments 
    to be offered to it. Section 3 of Public Law No. 11 of the Seventy-
    seventh Congress provides in full for the authorizations necessary 
    to the consideration of this title.
        The Chairman: The Chair has examined the act of March 11, 1941, 
    which authorizes the appropriations contained in this title, and 
    the Chair overrules the point of order.

 Travel and Other Expenses Incidental to Authorized Program

Sec. 13.4 An appropriation for travel by privately owned automobiles 
    and per diem expenses of personnel of the Office of Contract 
    Settlement, Office of War Mobilization and Reconversion was held 
    authorized by a general provision in the law establishing that 
    office.

    On Dec. 6, 1944,(19) the Committee of the Whole was 
considering H.R. 5587, a supplemental appropriation bill. A point of 
order was raised against the following provision in the bill:
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19. 90 Cong. Rec. 8939, 78th Cong. 2d Sess.
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      office of war mobilization and reconversion, office of contract 
                                 settlement

        For all necessary expenses, fiscal year 1945, of the Office of 
    Contract Settlement established by the Contract Settlement Act of 
    1944, including fees and expenses of witnesses; travel expenses, 
    including (1) expenses of attendance at meetings of organizations 
    concerned with the work of said office, (2) actual transportation 
    and other necessary expenses and not to exceed $10 per diem in lieu 
    of subsistence of persons serving while away from their permanent 
    homes or regular places of business in an advisory capacity to or 
    employed by the Office of Contract Settlement without other 
    compensation from the United States, or at $1 per annum, and (3) 
    upon the approval of the Director of Contract Settlement, expenses 
    to and from their homes or regular places of business in accordance 
    with the Standardized Government Travel Regulations, including 
    travel in privately owned automobiles (and including per diem in 
    lieu of subsistence at place of employment), of persons employed 
    intermittently away from their homes or regular places of business 
    as consultants and receiving compensation on a per diem when 
    actually employed basis. . . .
        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Chairman, I make the 
    point of order against the paragraph beginning on page 5, line 17, 
    and running down to and including line 17 on page

[[Page 5463]]

    6, that it is legislation on an appropriation bill. . . .
        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, this provision 
    is in order under the new law, that has just been enacted at this 
    session of Congress, the Office of Contract Settlement law, Public 
    Law No. 395, Seventy-eighth Congress, second session.
        Mr. Hoffman: Mr. Chairman, I call the attention of the Chair to 
    the language on page 6 beginning with ``(3).'' That is legislation.
        Mr. Cannon of Missouri: These are merely expenses incidental to 
    the conduct of any office authorized by law, Mr. Chairman, and 
    unquestionably are in order on the bill as proposed. The law itself 
    imposed no restrictions whatever. . . .
        The Chairman: (20) The Chair refers to lines 7 to 
    12.
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 20. Herbert C. Bonner (N.C.).
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        Mr. Cannon of Missouri: Mr. Chairman, that is with respect to 
    travel. This is in the nature of a limitation, referring to the 
    limitation set by the standardized Government travel regulations. 
    If that was not included here, there would be no limitation. It 
    could not be subject to a point of order.
        The Chairman: Does the gentleman maintain that it is an 
    authorization for travel in privately owned automobiles?
        Mr. Cannon of Missouri: Mr. Chairman, this merely provides in 
    the usual way, as in all the departments, the authority to carry 
    out the law as enacted in Public Law No. 395. I do not see how it 
    could be construed in any other way. It is the method and the means 
    ordinarily provided in all the departments for carrying out 
    legislation of this character.
        The Chairman: Will the gentleman from Missouri, referring to 
    line 23, on page 5, state whether there is any authority in law for 
    payment of $10 per diem in lieu of subsistence of persons serving 
    while away from their permanent homes?
        Mr. Cannon of Missouri: Mr. Chairman, when a law is enacted by 
    Congress, the authorization provides for the administration of that 
    law, both as to its spirit and its letter. The authorization here 
    involves and includes all the methods ordinarily used by the 
    departments in the administration of such laws. It would be 
    inconsistent to enact a law and then hold there is no authorization 
    to administer it.
        These are not extraordinary provisions. These are ordinary 
    provisions under which all laws of this character are enforced. . . 
    .
        The Chairman: The Chair wishes to call to the attention of the 
    gentleman from Michigan section 22, ``Use of appropriated funds,'' 
    item (b) of the Contract Settlement Act:

            To use any such funds appropriated, allocated, or available 
        to it for expenditures for or in behalf of any other 
        contracting agency for the purposes authorized in this act.

        Therefore the Chairman overrules the point of order.

Construction and Improvement of Barracks

Sec. 13.5 An appropriation for the construction and improvement of 
    barracks for enlisted men and quarters for noncommissioned officers 
    of the

[[Page 5464]]

    Army was held not authorized by law.

    On Feb. 13, 1936,(1) the Committee of the Whole was 
considering H.R. 11035, a War Department appropriation. A point of 
order was raised against an amendment to the following paragraph:
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 1. 80 Cong. Rec. 1983, 1984, 74th Cong. 2d Sess.
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        For the equipment and conduct of school, reading, lunch, and 
    amusement rooms, service clubs, chapels, gymnasiums, and libraries, 
    including periodicals and other publications and subscriptions for 
    newspapers, salaries of civilians employed in the hostess and 
    library services, transportation of books and equipment for these 
    services, rental of films, purchase of slides for and making 
    repairs to moving-picture outfits, and for similar and other 
    recreational purposes at training and mobilization camps now 
    established or which may be hereafter established, $34,940.
        Mr. [Francis D.] Culkin [of New York]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Culkin: After the period in line 
        24, page 9, insert a new paragraph, as follows:
            ``For the construction or betterments of barracks for 
        enlisted men and quarters for noncommissioned officers, staff 
        or otherwise, the sum of $50,000,000, to be allocated by the 
        Quartermaster General in the manner heretofore authorized by 
        Congress.

        Mr. [Tilman B.] Parks [of Arkansas]: Mr. Chairman, I make the 
    point of order against the amendment that it is not authorized by 
    law and therefore is not in order, and, in addition, it is 
    legislation on an appropriation bill. . . .
        The Chairman: (2) The Chair is ready to rule. The 
    amendment proposed by the gentleman from New York is for the 
    construction or betterment of barracks for enlisted men and 
    quarters for noncommissioned officers, staff or otherwise, the sum 
    of $50,000,000, to be allocated by the Quartermaster General in the 
    manner heretofore authorized by Congress.
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 2. Claude V. Parsons (Ill.).
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        The Chair has been unable to find any law authorizing this 
    appropriation, and the Chair thinks no authorization has been made 
    to include the sum of $50,000,000, and no legislation has been had 
    authorizing the disbursement of the money by the Quartermaster 
    General, and therefore sustains the point of order.
        Mr. Culkin: Mr. Chairman, I defer to the Chair's ruling, but 
    may I later present it if I find such legislation? I now offer 
    another amendment.
        The Clerk read as follows:

            Amendment by Mr. Culkin: Page 9, after line 24, insert the 
        following: ``For the construction or betterment of barracks for 
        enlisted men and quarters for noncommissioned officers, staff 
        or otherwise, the sum of $50,000,000.''

        Mr. Parks: Mr. Chairman, I make the same point of order stated 
    a moment ago.
        The Chairman: The Chair is ready to rule. This amendment of the 
    gentleman from New York proposes to appropriate $50,000,000 for the 
    construc

[[Page 5465]]

    tion or betterment of barracks for enlisted men, and so forth, as 
    the other amendment provided. In the law regarding the construction 
    or improvements of barracks, the Chair finds the following language 
    in title 10, section 1339, of the United States Code:

            Permanent barracks or quarters and buildings and structures 
        of a permanent nature shall not be constructed unless detailed 
        estimates shall have been previously submitted to Congress, and 
        approved by a special appropriation for the same, except when 
        constructed by the troops; and no such structures, the cost of 
        which shall exceed $20,000, shall be erected unless by special 
        authority of Congress.

        That special authority the Chair thinks has not been granted 
    and, therefore, sustains the point of order, because it is 
    legislation on an appropriation bill.

    Parliamentarian's Note: The Chair evidently construed the cited 
provision in title 10 to require, for structures over $20,000, a 
separate authorization in law. For structures under that amount, 
approval by a special appropriation would have been adequate.

Substituting Conventional for Nuclear Naval Vessel; Both Unauthorized

Sec. 13.6 For an item in a general appropriation bill containing funds 
    for a nuclear aircraft carrier program, against which points of 
    order had been waived for failure of the authorization bill to be 
    enacted into law, a substitute amendment striking out those funds 
    and inserting unauthorized funds for a conventional-powered 
    aircraft carrier program was ruled out under Rule XXI clause 2, as 
    unprotected by the waiver against the bill.

    On Aug. 7, 1978,(3) the Chair ruled that, an 
unauthorized item in a general appropriation bill being permitted to 
remain by a special rule waiving points of order, figures in such item 
may be perfected but the provision may not be changed by an amendment 
substituting funds for a different and specified unauthorized purpose. 
The proceedings are discussed in Sec. 3.45, supra.
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 3. 124 Cong. Rec. 24710-12, 95th Cong. 2d Sess.
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