[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[C. Provisions as "Changing Existing Law," Generally]
[Â§ 34. Exceptions From Existing Law]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5805-5820]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
        C. PROVISIONS AS ``CHANGING EXISTING LAW,'' GENERALLY
 
Sec. 34. Exceptions From Existing Law

Contracts, Competitive Bidding Waived

Sec. 34.1 Language in an appropriation bill providing that purchases 
    and contracts for supplies or services may be made by the Tennessee 
    Valley Authority without regard to any law relating to advertising 
    or competitive bidding was conceded to be legislation on an 
    appropriation bill and held not in order.

     On Dec. 15, 1950,(15) during consideration in the 
Committee of the Whole of the second supplemental appropriation bill 
(H.R. 9920), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
15. 96 Cong. Rec. 16672, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

                         Tennessee Valley Authority

         For an additional amount, $64,500,000, to remain available 
    until

[[Page 5806]]

    expended: Provided, That purchases and contracts for supplies or 
    services may be made by the Authority during the fiscal year 1951 
    without regard to any provisions of law relating to advertising or 
    competitive bidding.
        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against the proviso on line 9, running down to line 12 on 
    page 11 that it is legislation on an appropriation bill. . . .
        The Chairman: (16) Does the gentleman desire to be 
    heard further on the point of order?
---------------------------------------------------------------------------
16. Jere Cooper [Tenn.].
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        Mr. [Albert A.] Gore [of Tennessee]: If the gentleman insists 
    on the point of order it must, in my opinion, be sustained, but I 
    do feel that the gentleman will make a grievous error in insisting 
    upon it.
        The Chairman: Does the gentleman from New York insist on his 
    point of order?
        Mr. Taber: I insist on my point of order, Mr. Chairman.
        The Chairman: The gentleman from New York makes the point of 
    order that the language referred to is legislation on an 
    appropriation bill. The gentleman from Tennessee concedes the point 
    of order.
         The Chair sustains the point of order.

Exception From Civil Service Laws

Sec. 34.2 Language in an appropriation bill permitting employment of 
    personnel ``without regard to civil-service laws and regulations or 
    the Classification Act of 1923'' was conceded to be legislation and 
    not in order.

     On May 19, 1939,(17) during consideration in the 
Committee of the Whole of a general appropriation bill, a point of 
order was raised against the following provisions:
---------------------------------------------------------------------------
17. 84 Cong. Rec. 5845, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

                         Promotion of Foreign Trade

        Promotion of foreign trade: For the purpose of carrying into 
    effect the provisions of section 4 of the act entitled ``An act to 
    amend the Tariff Act of 1930'', approved June 12, 1934 (48 Stat. 
    945), as amended, including personal services without regard to 
    civil-service laws and regulations or the Classification Act of 
    1923, as amended, stenographic reporting services, by contract if 
    deemed necessary, without regard to section 3709 of the Revised 
    Statutes (41 U.S.C. 5),(18) contingent

[[Page 5807]]

    expenses, printing and binding, traveling expenses, and such other 
    expenses as the President may deem necessary, $43,000.
---------------------------------------------------------------------------
18. 41 USC Sec. 5 stated: Unless otherwise provided in the 
        appropriation concerned or other law, purchases and contracts 
        for supplies or services for the Government may be made or 
        entered into only after advertising a sufficient time 
        previously for proposals, except (1) when the amount involved 
        in any one case does not exceed $2,500, (2) when the public 
        exigencies require the immediate delivery of the articles or 
        performance of the service, (3) when only one source of supply 
        is available and the Government purchasing or contracting 
        officer shall so certify, or (4) when the services are required 
        to be performed by the contractor in person and are (A) of a 
        technical and professional nature or (B) under Government 
        supervision and paid for on a time basis. Except (1) as 
        authorized by section 1638 of Appendix to Title 50, (2) when 
        otherwise authorized by law, or (3) when the reasonable value 
        involved in any one case does not exceed $500, sales and 
        contracts of sale by the Government shall be governed by the 
        requirements of this section for advertising.
---------------------------------------------------------------------------

        Mr. [Carl E.] Mapes [of Michigan]: Mr. Chairman, I desire to 
    make a point of order against the following language in lines 11 
    and 12:

            Without regard to civil-service laws and regulations or the 
        Classification Act of 1923, as amended.

        I may say, Mr. Chairman, that I confine the point of order to 
    that specific language in order to avoid a long debate, such as we 
    got into a little while ago.
        Mr. Thomas S. McMillan [of South Carolina]: Mr. Chairman, as 
    the gentleman has confined his point of order to the specific 
    language to which he has referred, I will concede the point of 
    order.
        The Chairman: (19) The point of order is sustained.
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19. Harold D. Cooley (N.C.).
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Sec. 34.3 Provision in an appropriation bill to enable the President, 
    through appropriate agencies, to make certain expenditures and 
    employment of persons without regard to section 3709 of the Revised 
    Statutes and the civil service laws was held as legislation and not 
    in order.

    On Jan. 30, 1941,(20) during consideration in the 
Committee of the Whole of the independent offices appropriation bill 
(H.R. 2788), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
20. 87 Cong. Rec. 407, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            To enable the President, through appropriate agencies of 
        the Government, to provide for emergencies affecting the 
        national security and defense and for each and every purpose 
        connected therewith, and to make all necessary expenditures 
        incident thereto without regard to the provisions of law 
        regulating the expenditure of Government funds or the 
        employment of persons in the Government service, such as 
        section 3709 (1) of the Revised Statutes and the 
        civil service and classification laws, $100,000,000; and, in 
        addition, the President is authorized, through such agencies, 
        to enter into contracts during the fiscal year 1942 for the 
        same purposes to an amount not exceeding $25,000,000: Provided, 
        That an account shall be kept of all expenditures made or 
        authorized hereunder, and a report thereon shall be submitted 
        to the Congress on June 30, 1942.
---------------------------------------------------------------------------
 1. See Sec. 34.2, supra, for provisions of Sec. 3709 [41 USC Sec. 5].
---------------------------------------------------------------------------

        Mr. [Robert] Ramspeck [of Georgia]: Mr. Chairman, a point of 
    order.

[[Page 5808]]

        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, a point of 
    order.
        The Chairman: (2) The Chair recognizes the gentleman 
    from South Dakota, a member of the committee.
---------------------------------------------------------------------------
 2. R. Ewing Thomason (Tex.).
---------------------------------------------------------------------------

        Mr. Case of South Dakota: Mr. Chairman, I make a point of order 
    against the words ``emergencies affecting,'' beginning in line 8, 
    and in lines 11 to 15, inclusive, these words:

            Without regard to the provisions of law regulating the 
        expenditure of Government funds or the employment of persons in 
        the Government service such as section 3709 of the Revised 
        Statutes and the civil service and classification law.
    as being legislation in an appropriation bill.

        The Chairman: Does the gentleman from Virginia desire to be 
    heard on the point of order?
        Mr. [Clifton A.] Woodrum of Virginia: With reference to the 
    latter part of the point of order, Mr. Chairman, undoubtedly that 
    is legislation, the language in lines 11 to 15 which the gentleman 
    has quoted. It is legislation and subject to a point of order, 
    although it is the same language that was carried in the 
    appropriation bill last year which made available an emergency fund 
    to the President.
        With reference to the language in line 8, I may say that simply 
    describes the method of using appropriate agencies to provide for 
    emergencies affecting the national security. I do not see that it 
    is subject to a point of order.
        The Chairman: The point of order is sustained.

Waiving Classification Act

Sec. 34.4 An appropriation for temporary employees at rates to be fixed 
    by the Director of the Census without regard to the Classification 
    Act was conceded to be legislation on an appropriation bill and 
    held not in order.

    On Mar. 16, 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. 2368, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Compiling census reports and so forth: For salaries and 
        expenses necessary for securing information for and compiling 
        and publishing the census reports provided for by law, the 
        collection, compilation and periodic publication of statistics 
        showing United States exports and imports, and for sample 
        surveys throughout the United States for the purpose of 
        estimating the size and characteristics of the Nation's labor 
        force and population, including personal services at the seat 
        of government; temporary employees at rates to be fixed by the 
        Director of the Census without regard to the Classification 
        Act; the cost of transcribing State, municipal, and other 
        records; preparation of monographs on census subjects and other 
        work of specialized character by contract or otherwise; travel 
        expenses, including not to exceed $4,000 for attendance at 
        meetings of organizations concerned with the collection of 
        statistics, when incurred on the written authority of the 
        Secretary; reimbursement for actual cost of ferry fares and 
        bridge, road and tunnel tolls, and not to exceed 3 cents per 
        mile for travel performed

[[Page 5809]]

        in privately owned automobiles within the limits of their 
        official posts of duty, of employees engaged in census 
        enumeration or surveys; maintenance, repair, and operation of 
        three motor-propelled passenger-carrying vehicles; construction 
        and repair of tabulating machines and other mechanical 
        appliances, and the rental or purchase and exchange of 
        necessary machinery, appliances, and supplies, including 
        tabulating cards and continuous form tabulating paper; books of 
        reference, periodicals, maps, newspapers (not exceeding $200), 
        $4,757,000. . . .

        Mr. [Edward H.] Rees of Kansas: Mr. Chairman, I make the point 
    of order against the language on page 56 beginning in line 16 with 
    the word ``temporary'' and ending in line 18 with the word ``act'' 
    that it is legislation on an appropriation bill.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede 
    the point of order.
        The Chairman: (4) the point of order is sustained.
---------------------------------------------------------------------------
4. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

Sec. 34.5 Language in the District of Columbia appropriation bill 
    authorizing the commissioners to enter into contracts for the 
    construction of the first unit of an extensible library building at 
    a cost not exceeding $1,118,000 and reappropriating the balance of 
    $60,000 previously appropriated for preparation of plans and 
    specifications, making same available without regard to the 
    Classification Act of 1923 or section 3709 of the Revised Statutes 
    was conceded and held to be legislation on an appropriation bill.

    On Apr. 6, 1939,(5) during consideration in the 
Committee of the Whole of the District of Columbia appropriation bill 
(H.R. 5610), a point of order was raised against the paragraph 
containing the following provision:
---------------------------------------------------------------------------
 5. 84 Cong. Rec. 3923, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        Not to exceed $350,000 of the unexpended balance of the 
    appropriation of $500,000 contained in the District of Columbia 
    Appropriation Act for the fiscal year 1939 for beginning the 
    construction in square 533 of the first unit of an extensible 
    building for the government of the District of Columbia is hereby 
    reappropriated and made available for beginning the construction in 
    square 491 of the first unit of an extensible library building, 
    including quarters for the administrative offices of the Board of 
    Education, (and the Commissioners are authorized to enter into 
    contract or contracts for the construction of such first unit at a 
    total cost, including improvement of grounds and all necessary 
    furniture and equipment, not to exceed $1,118,000: Provided, That 
    the unexpended balance of the appropriation of $60,000, contained 
    in such act for the preparation of plans and specifications for a 
    library building to be constructed on square 491 is continued 
    available for the same purpose during the fiscal year 1940, and 
    shall

[[Page 5810]]

    be available for the employment of professional and other services, 
    without reference to the Classification Act of 1923, as amended, 
    civil-service requirements, or section 3709 of the revised 
    Statutes).(6)
---------------------------------------------------------------------------
 6. See 34.2, supra, for provisions of Sec. 3709 (41 USC Sec. 5).
---------------------------------------------------------------------------

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make 
    the point of order against the language beginning on line 23, page 
    18, after the word ``education,'' down to the end of the paragraph 
    on page 19, ending in line 10. It is legislation on an 
    appropriation bill.
        The Chairman: (7) Does the gentleman from 
    Mississippi desire to be heard on the point of order?
---------------------------------------------------------------------------
 7. Claude V. Parsons (Ill.).
---------------------------------------------------------------------------

        Mr. [Ross A.] Collins [of Mississippi]: The gentleman makes his 
    point of order to the language beginning with the word ``and'', in 
    line 23, and ending with line 10 on page 19?
        Mr. Rich: Yes.

        Mr. Collins: And not to the entire paragraph?
        Mr. Rich: Not to the entire paragraph.
        Mr. Collins: Mr. Chairman, I concede the point of order.
        The Chairman: The point of order is sustained.

Sec. 34.6 An appropriation for the District of Columbia Auditor's 
    Office coupled with language making part of the money available 
    ``without reference to the Classification Act of 1923, as amended, 
    and civil-service requirements'' was held to be legislation on an 
    appropriation bill and not in order.

    On Apr. 2, 1937,(8) during consideration in the 
Committee of the Whole of the District of Columbia appropriation bill, 
a point of order was raised against the following provision:
---------------------------------------------------------------------------
 8. 81 Cong. Rec. 3101, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

                              Auditor's Office

        For personal services, $136,700, of which $10,000 shall be 
    available immediately, without reference to the Classification Act 
    of 1923, as amended, and civil-service requirements, for 
    examination of estimates of appropriations, and for other purposes; 
    and the compensation of the present incumbent of the position of 
    disbursing officer of the District of Columbia shall be exclusive 
    of his compensation as United States property and disbursing 
    officer for the National Guard of the District of Columbia.
        Mr. [Ralph O.] Brewster [of Maine]: Mr. Chairman, I make a 
    point of order against the language, beginning on page 5, line 16, 
    as follows--

            Without reference to the Classification Act of 1923, as 
        amended, and civil-service requirements--
    on the ground that if it is in compliance with existing law it is 
    unnecessary and if it is not, it is certainly legislation on an 
    appropriation bill.

        The Chairman: (9) Does the gentleman from 
    Mississippi [Mr. Collins]

[[Page 5811]]

    desire to be heard on the point of order?
---------------------------------------------------------------------------
 9. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

        Mr. [Ross A.] Collins: I do not.
        The Chairman: The Chair is of the opinion that the provision to 
    which the gentleman from Maine has made the point of order is 
    patently legislation on an appropriation bill which is not 
    authorized under the rules of the House. Therefore, the point of 
    order is sustained.

Sec. 34.7 Employment of a real estate expert in the Auditor's Office, 
    District of Columbia, without reference to civil service 
    requirements was held legislation on an appropriation bill and not 
    in order.

    On Jan. 31, 1938,(10) during consideration in the 
Committee of the Whole of the District of Columbia appropriation bill 
(H.R. 9181), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
10. 83 Cong. Rec. 1306, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

                              Auditor's Office

        For personal services, $131,700, of which $2,000 shall be 
    available without reference to the Classification Act of 1923, as 
    amended, [and civil-service requirements for the employment of a 
    real-estate expert, to be immediately available; and the 
    compensation of the present incumbent of the position of disbursing 
    officer of the District of Columbia shall be exclusive of his 
    compensation as United States property and disbursing officer for 
    the National Guard of the District of Columbia.)
        Mr. [Vincent L.] Palmisano [of Maryland]: Mr. Chairman, I make 
    the point of order that this is legislation upon an appropriation 
    bill. The point of order is directed to page 5, line 8, after the 
    words ``as amended'', ``and civil-service requirements for the 
    employment of a real-estate expert, to be immediately available; 
    and the compensation of the present incumbent of the position.'' 
    This is legislation.
        The Chairman: (11) Does the gentleman from 
    Mississippi desire to be heard on the point of order?
---------------------------------------------------------------------------
11. William J. Driver (Ark.).
---------------------------------------------------------------------------

        Mr. [Ross A.] Collins [of Mississippi]: Is this point of order 
    made only as to the language ``and civil-service requirements for 
    the employment of a real-estate expert, to be immediately 
    available''? Is that the end of it?
        Mr. Palmisano: It is in line 8, ``civil-service requirements.''
        Mr. Collins: I am trying to find out what the gentleman is 
    objecting to--``civil-service requirements''?
        Mr. Palmisano: Beginning at the paragraph, yes.
        Mr. Collins: I have no comment to make on those words, Mr. 
    Chairman.
        The Chairman: The language to which the point of order is 
    directed is very clearly legislation, and therefore, the point of 
    order is sustained.

Sec. 34.8 Language in an appropriation bill for the District of 
    Columbia providing for the employment of a secretary to the 
    people's counsel, and not to exceed $5,000

[[Page 5812]]

    may be used for the employment of expert services by contract or 
    otherwise and without reference to the Classification Act of 1923, 
    as amended, was held legislation on an appropriation bill and not 
    in order.

    On Jan. 31, 1938,(12) during consideration in the 
Committee of the Whole of the District of Columbia appropriation bill 
(H.R. 9181), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
12. 83 Cong. Rec. 1307, 75th Cong. 3d Sess.
---------------------------------------------------------------------------

                        Public Utilities Commission

        For two commissioners, people's counsel, and for other personal 
    services, $76,000, [of which amount $1,620 shall be available for 
    the employment of a secretary to the people's counsel, and not to 
    exceed $5,000 may be used for the employment of expert services by 
    contract or otherwise and without reference to the Classification 
    Act of 1923, as amended.]
        Mr. [Vincent L.] Palmisano [of Maryland]: Mr. Chairman, I make 
    a point of order against the language on page 7, line 3, after 
    ``76,000'', and ending with the word ``amended.''
        The Chairman: (13) Does the gentleman from 
    Mississippi desire to be heard on the point of order?
---------------------------------------------------------------------------
13. William J. Driver (Ark.).
---------------------------------------------------------------------------

        Mr. [Ross A.] Collins [of Mississippi]: I may say to the 
    gentleman that this is language that has been carried in this bill 
    ever since the creation of the Public Utilities Commission, and it 
    is my understanding that under existing law appropriations can be 
    made for the employment of expert services. This is not the 
    language of the committee, but the language of the Budget, and it 
    is money that is necessary to be appropriated in order that the 
    Commission may be able to function, and without which I doubt 
    seriously that they can function.
        The Chairman: In the opinion of the Chair, very clearly this is 
    an attempt to impose legislation on an appropriation bill, and the 
    point of order is therefore sustained.

Personal Services to the President

Sec. 34.9 A paragraph in a general appropriation bill containing funds 
    for personal services for the President ``without regard to the 
    provisions of law'' regulating government employment and for 
    entertainment expenses to be accounted for solely on the 
    certificate of the President was conceded to contain legislation 
    and stricken.

    On Aug. 1, 1973,(14) During consideration in the 
Committee of the Whole of a general appropriation bill (H.R. 9590), a 
point of order was raised against the following provision:
---------------------------------------------------------------------------
14. 119 Cong. Rec. 27286, 27287, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

[[Page 5813]]

                             The White House Office

                             salaries and expenses

            For expenses necessary for the White House Office, 
        including not to exceed $2,250,000 for services as authorized 
        by title 5, United States Code, section 3109, at such per diem 
        rates for individuals as the President may specify, and other 
        personal services without regard to the provisions of law 
        regulating the employment and compensation of persons in the 
        Government service; newspapers, periodicals, teletype news 
        service, and travel (not to exceed $75,000), and official 
        entertainment expenses of the President, to be accounted for 
        solely on his certificate; $9,100,000.

        The Chairman: (15) The gentleman from Michigan (Mr. 
    Dingell) has reserved a point of order.
---------------------------------------------------------------------------
15. Richard Bolling (Mo.).
---------------------------------------------------------------------------

        The gentleman will state his point of order.
        Mr. [John D.] Dingell: . . . I would point out that this 
    language appearing on page 12, lines 14 through 25, constitutes a 
    violation of rule XXI, clause 2, in that it constitutes legislation 
    in an appropriation bill.
        I would point out specifically the language which reads on line 
    18:
        at such per diem rates for individuals as the President may 
        specify . . .

        Clearly this is not sanctioned by authorization or law. And 
    then the language goes on:
        and other personal services without regard to the provisions of 
        law regulating the employment and compensation of persons in 
        the Government service . . .

        And then the language goes on.
        I would state, Mr. Chairman, there is no showing that there is 
    legislative authority for this particular appropriation. I would 
    point out again to the Chair that there is a requirement in the 
    Rules of the House that appropriation committees do bear the burden 
    of establishing the legislative basis for attempted appropriations. 
    I would point out that this has not been done, and I insist on the 
    point of order.
        The Chairman: Does the gentleman from Oklahoma desire to be 
    heard on the point of order?
        Mr. [Thomas J.] Steed [of Oklahoma]: Mr. Chairman, we submitted 
    this item along with many others for expert review by the Office of 
    Management and Budget, and were advised that the language starting 
    on line 18 after ``section 3109,''--
        at such per diem rates for individuals as the President may 
        specify, . . .

        And going down to line 22, where it says--
        in the Government service . . .

        And we were advised that the language is subject to a point of 
    order, and we concede the point of order.
        We were also advised that the language on page 12, line 23, 
    after--
        (not to exceed $75,000) . . .

        The words--
        and official entertainment expenses of the President, to be 
        accounted for solely on his certificate . . .

        Is also subject to a point of order, and we concede that.
        The rest of it is not subject to a point of order because it is 
    provided by law.
        The Chairman: The Chair is ready to rule.

[[Page 5814]]

        If the Chair understands correctly, the gentleman from Michigan 
    (Mr. Dingell) has made a point of order against various items in 
    the paragraph and therefore makes a point of order against the 
    entire paragraph?
        Mr. Dingell: Mr. Chairman, that is correct.
        The Chairman: Unless the gentleman from Texas desires to be 
    heard, the Chair is ready to rule on the point of order to the 
    paragraph.
        Mr. [Robert C.] Eckhardt [of Texas]: Mr. Chairman, a 
    parliamentary inquiry.
        The Chairman:  The gentleman will state his parliamentary 
    inquiry.
        Mr. Eckhardt:  Mr. Chairman, I have been about to raise a point 
    of order on the provision ``to be accounted for solely on his 
    certificate.'' I understand that this is conceded.
        The Chairman:  The Chair also understands it is conceded. The 
    Chair's understanding of the situation is that the point of order 
    made by the gentleman from Michigan lies against the whole of the 
    paragraph. The Chair is prepared to rule that the point of order 
    has been conceded and is sustained, and that the whole paragraph, 
    therefore, is stricken.

Travel Expenses

Sec. 34.10 Language in a general appropriation bill providing for 
    transportation of prisoners in the custody of United States 
    marshals to narcotic farms without regard to the act of Jan. 19, 
    1929, and also providing that marshals and their deputies may be 
    allowed, in lieu of actual expenses of transportation, up to four 
    cents per mile for use of privately owned automobiles when 
    traveling on official business, was conceded to be legislation on 
    an appropriation bill and held not in order.

    On Mar. 16, 1945,(16) during consideration in the 
Committee of the Whole of a general appropriation bill (H.R. 2603), 
points of order were raised against the following provision:
---------------------------------------------------------------------------
16. 91 Cong. Rec. 2363, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Salaries and expenses of marshals, etc.: For salaries, fees 
        and expenses of United States marshals, deputy marshals, and 
        clerical assistants, including services rendered in behalf of 
        the United States or otherwise; services in Alaska in 
        collecting evidence of the United States when so specifically 
        directed by the Attorney General; traveling expenses, including 
        the actual and necessary expenses incident to the transfer of 
        prisoners in the custody of United States marshals to narcotic 
        farms [without regard to the provisions of the act approved 
        January 19, 1929 (21 U.S.C. 227);] (17) purchase, 
        when authorized by the Attorney General, of two motor-propelled 
        passenger-carrying vans at not to exceed $2,000 each; and 
        maintenance, repair, and operation of motor-propelled 
        passenger-carrying vehicles $3,980,000: [Pro

[[Page 5815]]

        vided, That United States marshals and their deputies may be 
        allowed, in lieu of actual expenses of transportation, not to 
        exceed 4 cents per mile for the use of privately owned 
        automobiles when traveling on official business within the 
        limits of their official station.]
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17. 21 Sec. 227 provided for the transfer of prisoner addicts to and 
        from farms.
---------------------------------------------------------------------------

        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I make the 
    point of order against the language in line 11, running down into 
    line 13, which reads as follows: ``without regard to the provisions 
    of the act approved January 19, 1929 (21 U.S.C. 27)'' on the ground 
    that it is amendatory of existing law.
        Mr. [Louis C.] Rabaut [of Michigan]: We concede the point of 
    order, Mr. Chairman.
        The Chairman: (18) The point of order is sustained.
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18. Wilbur D. Mills (Ark.).
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        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make 
    the point of order against the language in line 17, beginning with 
    the word ``Provided'' to the end of the paragraph, that it is 
    legislation on an appropriation bill.
        Mr. Rabaut: We concede the point of order, Mr. Chairman.
        The Chairman: The point of order is sustained.

Sec. 34.11 Language in a general appropriation bill providing that the 
    Secretary of State is authorized to pay the actual transportation 
    expenses and $10 per diem in lieu of subsistence of citizens of the 
    other American republics while traveling in the Western Hemisphere 
    without regard to the standardized government travel regulations 
    and to make advances of funds notwithstanding section 3648 of the 
    Revised Statutes, and to make contracts and grants of money without 
    regard to section 3709 of the Revised Statutes, was held 
    legislation on an appropriation bill and not in order.

    On Mar. 15, 1945,(19) during consideration in the 
Committee of the Whole of a general appropriation bill (H.R. 2603), the 
following transpired:
---------------------------------------------------------------------------
19. 91 Cong. Rec. 2307, 2308, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Cooperation with the American republics: For all expenses 
        necessary to enable the Secretary of State to meet the 
        obligations of the United States under the Convention for the 
        Promotion of Inter-American Cultural Relations between the 
        United States and the other American republics, signed at 
        Buenos Aires, December 23, 1936, and to carry out the purposes 
        of the Act entitled ``An Act to authorize the President to 
        render closer and more effective the relationship between the 
        American republics,'' approved August 9, 1939, and to 
        supplement appropriations available for carrying out other 
        provisions of law authorizing related activities . . . such 
        expenses to include personal services in the District of 
        Columbia, not to exceed $125,000 for printing and binding; 
        stenographic reporting, translating and other services by 
        contract, without regard

[[Page 5816]]

        to section 3709 of the Revised Statutes (41 U.S.C. 5) 
        (20) . . . Provided, That the Secretary of State is 
        authorized under such regulations as he may adopt, [to pay the 
        actual transportation expenses and not to exceed $10 per diem 
        in lieu of subsistence and other expenses, of citizens of the 
        other American republics while traveling in the Western 
        Hemisphere, without regard to the Standardized Government 
        Travel Regulations, and to make advances of funds 
        notwithstanding section 3648 of the Revised Statutes] 
        (1) . . . and the Secretary of State, or such 
        official as he may designate is hereby authorized, in his 
        discretion, [to make contracts with, and grants of money or 
        property to, governmental and public or private nonprofit 
        institutions and facilities in the United States and the other 
        American republics, including the free distribution, donation, 
        or loan of publications, phonograph records, radio 
        transcriptions, art works, motion-picture films, educational 
        material, and other material and equipment, and other 
        gratuitous assistance in the fields of the arts and sciences, 
        education and travel, publications, the radio, the press, and 
        the cinema; all without regard to the provisions of section 
        3709 of the Revised Statutes.]. . . .
---------------------------------------------------------------------------
20. See Sec. 34.2, supra, for provisions of 41 USC Sec. 5.
 1 Section 3648 provided: No advance of public money shall be made in 
        any case unless authorized by the appropriation concerned or 
        other law. And in all cases of contracts for the performance of 
        any service, or the delivery of articles of any description, 
        for the use of the United States, payment shall not exceed the 
        value of the service rendered, or of the articles delivered 
        previously to such payment. It shall, however, be lawful, under 
        the special direction of the President, to make such advances 
        to the disbursing officers of the Government as may be 
        necessary to the faithful and prompt discharge of their 
        respective duties, and to the fulfillment of the public 
        engagements. The President may also direct such advances as he 
        may deem necessary and proper, to persons in the military and 
        naval service employed on distant stations, where the discharge 
        of the pay and emoluments to which they may be entitled cannot 
        be regularly effected.
---------------------------------------------------------------------------

        Mr. [Edward H.] Rees [of Kansas]: Mr. Chairman, I make the 
    point of order against the language on page 33, line 16, beginning 
    with the word ``to'' and ending with the word ``Statutes'', on line 
    22, that it is legislation on an appropriation bill and without 
    authority in law.
        Mr. (Emmet) O'Neal [of Kentucky]: Mr. Chairman, a great many 
    points of order are being made on matters which seem to me to be 
    largely administrative. I believe that executives should not need 
    authority in law for many things which in the common ordinary 
    practice of business or operation of Government bureaus are 
    considered to be part of an executive job. The tendency of our 
    courts in recent years has been to do away with legal 
    technicalities which often defeat justice. Sometimes I feel that 
    the House defeats proper legislation by a too strict adherence to 
    superannuated procedure. If you must have laws to authorize every 
    little incidental effort to be made by an executive, it would be 
    impossible, in my opinion, for any executive to carry on properly 
    the business of his office.

[[Page 5817]]

     You could go through any appropriation bill and pick out small 
    duties that an executive is called upon to do which could not be 
    authorized specifically by any act of Congress because they are too 
    multitudinous. . . .
        The Chairman: (2) Does the gentleman from Kansas 
    insist on his point of order?
---------------------------------------------------------------------------
 2 Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

        Mr. Rees of Kansas: Mr. Chairman, the gentleman from Kansas 
    does insist on his point of order and suggests that after all the 
    Appropriations Committee is not a legislative committee, as I 
    understand it.
        The Chairman: The gentleman from Kansas insists on his point of 
    order.
        The Chair is ready to rule.
        The language referred to by the gentleman from Kansas 
    definitely changes existing law and therefore is subject to a point 
    of order. The Chair is constrained to sustain the point of order.

        Mr. Rees of Kansas: Mr. Chairman, a further point of order.
        The Chairman: The gentleman will state it.
        Mr. Rees of Kansas: Mr. Chairman, I make the point of order 
    against the language beginning on page 34, line 9, with the 
    word``to'' and extending down to and including line 6 on page 35, 
    that it is legislation on an appropriation bill and without 
    authority of law.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, this is 
    based on 22 United States Code 501, 502, and is in use by other 
    agencies of the Government.
        The Chairman: The Chair calls to the attention of the gentleman 
    from Michigan that there is a specific waiver of existing law in 
    regard to the very subject mentioned by him.
        Mr. Rabaut: Then, Mr. Chairman, we will have to concede the 
    point of order.
        The Chairman: The Chair sustains the point of order.

International Conferences, Incidental Printing Expenses

Sec. 34.12 Language in a general appropriation bill permitting the 
    Secretary of State under the heading ``International conferences 
    (emergency)'' for ``printing and binding without regard to section 
    11 of the act of March 1, 1919 (44 U.S.C. 111)'' was conceded to be 
    legislation on an appropriation bill and held not in order.

        On Mar. 15, 1945,(3) during consideration in the 
    Committee of the Whole of a general appropriation bill (H.R. 2305), 
    a point of order was raised against the following provision:
---------------------------------------------------------------------------
 3. 91 Cong. Rec. 2305, 2306, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        International conferences (emergency): For all necessary 
    expenses, without regard to section 3709 of the Revised 
    Statutes,(4) of participation by the United States, upon 
    approval by the Secretary of State, in international activities 
    which arise from time to time in the conduct of foreign affairs and 
    for which specific appropriations have not

[[Page 5818]]

    been provided pursuant to treaties, conventions, or special acts of 
    Congress, including personal services in the District of Columbia 
    or elsewhere without regard to civil service and classification 
    laws; employment of aliens; travel expenses without regard to the 
    Standardized Government Travel Regulations and the Subsistence 
    Expense Act of 1926, as amended; transportation of families and 
    effects under such regulations as the Secretary of State may 
    prescribe; stenographic and other services; rent of quarters by 
    contract or otherwise; purchase or rental of equipment, purchase of 
    supplies, books, maps, periodicals and newspapers; transportation 
    of things; contributions for the share of the United States in 
    expenses of international organizations; [printing and binding 
    without regard to section 11 of the act of March 1, 1919 (44 U.S.C. 
    111); (5) entertainment;] and representation allowances 
    as authorized by the act of February 23, 1931, as amended (22 
    U.S.C. 12, 23c); $1,500,000.
---------------------------------------------------------------------------
 4. See Sec. 34.2, supra, for provisions of 41 USC Sec. 5.
 5. 44 USC Sec. 111 referred to government printing required to be done 
        at the Government Printing Office.
---------------------------------------------------------------------------

        Mr. [Joseph P.] O'Hara [of Minnesota]: Mr. Chairman, I make the 
    point of order against that part of the paragraph commencing in 
    line 20 on page 21 with the word ``printing'' and extending down to 
    and including the figure ``$1,500,000'', in line 24, that it is 
    legislation on an appropriation bill and is contrary to the 
    specific law against such expenditures.
        The Chairman: (6) Does the gentleman desire to 
    include the sum of money contained in the paragraph within his 
    point of order?
---------------------------------------------------------------------------
 6. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

        Mr. O'Hara: No; I do not intend to include the sum of money.
        The Chairman: The gentleman intends, then, to include the 
    language in lines 20, 21, 22, and 23?
        Mr. O'Hara: Yes.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I concede 
    the point of order.
        The Chairman: The point of order is sustained.

Purchase of Reindeer; Waiving Certain Laws Regulating Contracts

Sec. 34.13 Provision in an appropriation bill authorizing the purchase 
    of reindeer without regard to sections 3709 and 3744 of the Revised 
    Statutes was conceded to be legislation and held not in order.

    On Mar. 15, 1939,(7) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 4852), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
 7. 84 Cong. Rec. 2789, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Reindeer industry, Alaska: For the purchase, in such manner 
        as the Secretary of the Interior shall deem advisable and 
        without regard to sections 3709 (8) and 3744 
        (9) of the Re

[[Page 5819]]

        vised Statutes, of reindeer, abbatoirs, cold-storage plants, 
        corrals, and other buildings, and communication and other 
        equipment, owned by nonnatives in Alaska, as authorized by the 
        act of September 1, 1937 (50 Stat. 900), $820,000; and for 
        necessary administrative expenses in connection with such 
        purchase and the establishment and development of the reindeer 
        industry for the benefit of the Eskimos and other natives of 
        Alaska, as authorized by said act, including personal services 
        in the District of Columbia (not to exceed $2,300) and 
        elsewhere, traveling expenses, erection, repair, and 
        maintenance of corrals, fences, and other facilities $250,000; 
        in all $1,070,000 to be immediately available: Provided, That 
        under this appropriation not exceeding an average of $4 per 
        head shall be paid for reindeer purchased from nonnative 
        owners: Provided further, That the foregoing limitation shall 
        not apply to the purchase of reindeer located on Nunivak 
        Island.
---------------------------------------------------------------------------
 8. See Sec. 34.2, supra, for provisions of Sec. 3709.
 9. Section 3744 referred in part to contracts made by the Secretary of 
        the Interior required to be in writing, and copies to be filed 
        as specified.
---------------------------------------------------------------------------

        Mr. [John C.] Schafer of Wisconsin: Mr. Chairman, I make the 
    point of order against the paragraph on the ground that it is 
    legislation on an appropriation bill unauthorized by law. In fact, 
    the language clearly indicates that it repeals the specific 
    provisions of existing law as incorporated in sections 3709 and 
    3744 of the Revised Statutes.
        The Chairman: (10) Does the gentleman from Oklahoma 
    desire to be heard?
---------------------------------------------------------------------------
10. Frank H. Buck (Calif.).
---------------------------------------------------------------------------

        Mr. (Jed) Johnson of Oklahoma: No; I concede the point of 
    order.
        The Chairman: The point of order is sustained.

Waiving Application of Davis-Bacon

Sec. 34.14 An amendment to a general appropriation bill making 
    inapplicable those provisions of law, requiring payment of 
    prevailing wage rates under federal construction contracts, to 
    wages paid under contracts funded by that bill, was conceded to be 
    legislation waiving existing law and not in the form of a 
    limitation.

    On Sept. 16, 1981,(11) during consideration in the 
Committee of the Whole of the military construction appropriation bill 
(H.R. 4241), a point of order was raised and sustained against 
amendments offered to the bill, as follows:
---------------------------------------------------------------------------
11. 127 Cong. Rec. 20737, 20738, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

        Amendments offered by Mr. [M. Caldwell] Butler [of Virginia]: 
    Page 2, line 11, strike out ``$1,029,519,000'' and insert in lieu 
    thereof ``$1,009,276,-400''. . . .
        Sec. 123. The provisions of the Act of March 3, 1931 (40 U.S.C. 
    276a-276a-5; 46 Stat. 1494), commonly referred to as the Davis-
    Bacon Act, shall not apply to the wages paid to laborers and 
    mechanics for any work or services performed under any contract 
    entered into on or after the date of enactment of this Act for the 
    construction of any project funds for which are appropriated by 
    this Act. . . .

[[Page 5820]]

        Mr. [Bo] Ginn [of Georgia]: Mr. Chairman, I make a point of 
    order against the amendments because they constitute legislation in 
    an appropriations bill, which is in violation of clause 2, rule 
    XXI. . . .
        Mr. Butler: Mr. Chairman, if the gentleman insists on his point 
    of order, I will not put him further to the proof. I will concede 
    that perhaps he is correct.
        The Chairman: (12) The Chair sustains the point of 
    order.
---------------------------------------------------------------------------
12. Philip R. Sharp (Ind.).
---------------------------------------------------------------------------

Waiving Certain Laws Regulating Contracts

Sec. 34.15 Language in a general appropriation bill waiving the 
    provisions of existing law was held to constitute legislation where 
    the law being waived did not specifically permit exceptions 
    therefrom to be contained in appropriation bills.

    On Nov. 13, 1975,(13) it was held that, while 41 United 
States Code section 5 provides that ``unless otherwise provided in the 
appropriation concerned or other law, purchases and contracts for 
supplies or services for the government may be made or entered into 
only after advertising a sufficient time previously for proposals'', 
language in a general appropriation bill authorizing the Congressional 
Budget Office to contract without regard to that provision constituted 
legislation in violation of Rule XXI clause 2, based upon a prior 
ruling of the Chair and also upon the language of the statute itself 
permitting an appropriation or other law, but not a bill, to waive its 
provisions. The proceedings are discussed in Sec. 37.13, infra.
---------------------------------------------------------------------------
13. 121 Cong. Rec. 36271, 94th Cong. 1st Sess.
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