[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[C. Provisions as "Changing Existing Law," Generally]
[Â§ 38. Reimbursements]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5879-5893]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
        C. PROVISIONS AS ``CHANGING EXISTING LAW,'' GENERALLY
 
Sec. 38. Reimbursements

    As used in this section, the term ``reimbursements'' refers to the 
use of generated proceeds to repay funds.(13) This section 
also addresses the consequences of provisions requiring repayments, 
refunds and other mechanisms generating funds from other than direct 
appropriations.
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13. See also Sec. 30 (Transfer of Funds Not Limited to Same Bill), 
        supra. And see Ch. 25 Sec. 3, supra, for discussion of 
        reappropriations.                          -------------------
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Refunds Credited to Current Appropriation

Sec. 38.1 Language in an appropriation bill for emergencies arising in 
    the Diplomatic and

[[Page 5880]]

    Consular Service providing that ``all refunds, repayments, or other 
    credits on account of funds disbursed under this head shall be 
    credited to the appropriation for this purpose current at the time 
    obligations are incurred or such amounts are received'' was 
    conceded and held to be legislation on an appropriation bill and 
    not in order.

    On Mar. 15, 1945,(14) 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:
---------------------------------------------------------------------------
14. 91 Cong. Rec. 2305, 79th Cong. 1st Sess.
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        Emergencies arising in the Diplomatic and Consular Service: To 
    enable the President to meet unforeseen emergencies arising in the 
    Diplomatic and Consular Service, to be expended pursuant to the 
    requirement of section 291 of the Revised Statutes (31 U.S.C. 107), 
    $16,000,000, of which not to exceed $25,000 shall, in the 
    discretion of the President, be available for personal services in 
    the District of Columbia: Provided, That all refunds, repayments, 
    or other credits on account of funds disbursed under this head 
    shall be credited to the appropriation for this purpose current at 
    the time obligations are incurred or such amounts are received.
        Mr. [Joseph P.] O'Hara [of Minnesota]: Mr. Chairman, I make the 
    point of order against the language contained in the paragraph, 
    beginning in line 11--

            That all refunds, repayments, or other credits on account 
        of funds disbursed under this head shall be credited to the 
        appropriation for this purpose current at the time obligations 
        are incurred or such amounts are received--

        That it is legislation on an appropriation bill.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I concede 
    the point of order.
        The Chairman: (15) The point of order is sustained.
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15. Wilbur D. Mills (Ark.).
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Crediting Proceeds From Sales

Sec. 38.2 A provision in a general appropriation bill that 
    appropriations contained in the Act may be reimbursed, from the 
    proceeds of sales of certain material and supplies, for 
    expenditures incident to such sales, was conceded and held to be 
    legislation on an appropriation bill and not in order.

    On Mar. 29, 1938,(16) during consideration in the 
Committee of the Whole of the military appropriation bill (H.R. 9995), 
a point of order was raised against the following provision:
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16. 83 Cong. Rec. 4315, 4316, 75th Cong. 3d Sess.
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        The Clerk read as follows:

[[Page 5881]]

            Sec. 4. Appropriations contained in this act may be 
        reimbursed from the proceeds of sales of old material, 
        condemned stores, supplies, or other property of any kind on 
        account of expenditures from such appropriations incident to 
        the handling, preparation for sale, sale, and disposition of 
        such property.

        Mr. [J. William] Ditter [of Pennsylvania]: Mr. Chairman, I make 
    the point of order against the section that it is legislation on an 
    appropriation bill. If the chairman of the subcommittee requests me 
    to withhold the point of order so that he may explain to the House 
    the justification which he or his committee has for including this 
    section in the bill I shall withhold the point of order for the 
    time being. . . .
        Mr. [J. Buell] Snyder of Pennsylvania: Mr. Chairman, I concede 
    the point of order is well taken.
        The Chairman: (17) The gentleman from Pennsylvania 
    concedes the point of order to be well taken that this is 
    legislation on an appropriation bill. The point of order is 
    sustained.
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17. Luther A. Johnson (Tex.).
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Sec. 38.3 Language in an appropriation bill for maintenance and 
    operation of air-navigation facilities, for the purchase of food 
    and other subsistence supplies for resale to employees ``the 
    proceeds from such resales to be credited to the appropriation from 
    which the expenditure for such supplies was made'' was conceded and 
    held to be legislation on an appropriation bill and not in order.

    On Mar. 16, 1945,(18) 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:
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18. 91 Cong. Rec. 2376, 79th Cong. 1st Sess.
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        The Clerk read as follows:

            The appropriations ``Maintenance and operation of air-
        navigation facilities,'' Office of Administrator of Civil 
        Aeronautics; ``Salaries and expenses,'' Civil Aeronautics 
        Board; and ``Salaries and expenses,'' Weather Bureau, shall be 
        available, under regulations to be prescribed by the Secretary, 
        for furnishing to employees of the Civil Aeronautics 
        Administration, the Civil Aeronautics Board, and the Weather 
        Bureau in Alaska free emergency medical services by contract or 
        otherwise and medical supplies, and for the purchase, 
        transportation, and storage of food and other subsistence 
        supplies for resale to such employees, [the proceeds from such 
        resales to be credited to the appropriation from which the 
        expenditure for such supplies was made;] and appropriations of 
        the Civil Aeronautics Administration and the Weather Bureau, 
        available for travel, shall be available for the travel 
        expenses of appointees of said agencies from the point of 
        engagement in the United States to their posts of duty at any 
        point outside the continental limits of the United States or in 
        Alaska.

        Mr. [Robert F.] Jones [of Ohio]: Mr. Chairman, a point of 
    order. On page 75, line 3, the last word ``the'', all of line 4 and 
    all of line 5. It is legislation on an appropriation bill and in 
    violation of law.

[[Page 5882]]

        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede 
    the point of order.
        The Chairman: (19) The point of order is sustained.
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19. Wilbur D. Mills (Ark.).
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Commissary Revenue

Sec. 38.4 Language in a general appropriation bill providing that any 
    part of the appropriation for salaries and expenses, penal and 
    correctional institutions, shall be reimbursed from commissary 
    earnings was conceded and held to be legislation on an 
    appropriation bill and not in order.

    On Mar. 16, 1945,(20) 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:
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20. 91 Cong. Rec. 2366, 79th Cong. 1st Sess.
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        The Clerk read as follows:

            Salaries and expenses, penal and correctional institutions: 
        . . . $13,300,000: Provided, That any part of the 
        appropriations under this heading used for payment of salaries 
        of personnel employed in the operation of prison commissaries 
        shall be reimbursed from commissary earnings, and such 
        reimbursement shall be in addition to the amounts appropriated 
        herein. . . .

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make 
    the point of order against the language on page 51, beginning with 
    ``Provided'', in line 15. . . .
        Mr. [Louis C.] Rabaut [of Michigan]: We concede the point of 
    order, Mr. Chairman.
        The Chairman: (1) The point of order is sustained.
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 1. Wilbur D. Mills (Ark.).
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Sec. 38.5 Language in an appropriation bill for contingent expenses, 
    foreign service, providing that ``reimbursements incident to the 
    maintenance of commissary service authorized . . . shall be 
    credited to the appropriation for this purpose current at the time 
    obligations are incurred or such amounts are received,'' was 
    conceded and held to be legislation on an appropriation bill and 
    not in order.

    On Mar. 15, 1945,(2) 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:
---------------------------------------------------------------------------
 2. 91 Cong. Rec. 2304, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Contingent expenses, Foreign Service: For stationery; 
        blanks, record and other books; seals, presses, flags; signs; 
        military equipment and supplies; repairs, alterations, 
        preservation, and maintenance of

[[Page 5883]]

        Government-owned and leased diplomatic and consular properties 
        in foreign countries. . . . Provided further, That 
        reimbursements incident to the maintenance of commissary 
        service authorized under this head shall be credited to the 
        appropriation for this purpose current at the time obligations 
        are incurred or such amounts are received.

        Mr. [Joseph P.] O'Hara [of Minnesota]: Mr. Chairman, I make a 
    point of order against the language in the proviso beginning on 
    line 25, page 15, including all of lines 1, 2, 3, and 4 on page 16, 
    on the ground that it is legislation on an appropriation bill.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede 
    the point of order.
        The Chairman: (3) The point of order is sustained.
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 3. Wilbur D. Mills (Ark.).
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Available for Administrative Expenses

Sec. 38.6 A provision in an appropriation bill making appropriations 
    for the United States Housing Authority and providing ``not to 
    exceed $1,500,000 shall be available for such expenses incurred at 
    the site and in connection with the construction of the United 
    States Housing Authority non-Federal projects and shall be 
    reimbursed in the discretion of the Administrator by the public 
    housing agencies constructing such projects and such reimbursements 
    shall be available for administrative expenses of the Authority,'' 
    was conceded and held to be legislation and not in order on an 
    appropriation bill.

    On Mar. 15, 1939,(4) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 4852), the following proceedings took place:
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 4. 84 Cong. Rec. 2780, 76th Cong. 1st Sess.
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                      United States Housing Authority

        Salaries and expenses . . . Provided, That of the $4,500,000 
    hereby made available for administrative expenses of the Authority, 
    not to exceed $1,500,000 shall be available for such expenses 
    incurred at the site and in connection with the construction of the 
    United States Housing Authority non-Federal projects and shall be 
    reimbursed in the discretion of the Administrator by the public 
    housing agencies constructing such projects and such reimbursements 
    shall be available for administrative expenses of the Authority: . 
    . .
        Mr. [Dudley A.] White of Ohio: Mr. Chairman, a point of order.
        The Chairman: (5) The gentleman will state it.
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 5. Frank H. Buck (Calif.).
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        Mr. White of Ohio: . . . Then the language beginning in line 
    13, on page 14, the entire clause, which reads:

            Provided, That of the $4,500,000 hereby made available for 
        adminis

[[Page 5884]]

        trative expenses of the Authority, not to exceed $1,500,000 
        shall be available for such expenses incurred at the site, and 
        in connection with the construction, of the United States 
        Housing Authority non-Federal projects, and shall be 
        reimbursed, in the discretion of the Administrator, by the 
        public housing agencies constructing such projects, and such 
        reimbursements shall be available for administrative expenses 
        of the Authority.

        That is a delegation of authority. It enlarges the scope of the 
    existing authority under the original law, and therefore the entire 
    paragraph should be stricken out on these points of order. This is 
    legislation on an appropriation bill.
        The Chairman: Does the gentleman from Oklahoma [Mr. Johnson] 
    desire to be heard?
        Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, we concede the 
    points of order.
        The Chairman: The points of order are sustained.

Waiver of Reimbursement Requirements in Law

Sec. 38.7 Provisions in a paragraph of a general appropriation bill (1) 
    authorizing the General Services Administration to acquire 
    leasehold interests in property; (2) removing limitations imposed 
    by law on the value of surplus strategic materials which may be 
    transferred without reimbursement to the national stockpile; and 
    (3) authorizing materials in certain stockpiles and inventories to 
    be available without reimbursement for transfer to contractors as 
    payment for expenses, were conceded to be legislation and were 
    stricken from the bill.

    On Aug. 1, 1973,(6) 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:
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 6. 119 Cong. Rec. 27288, 27289, 93d Cong. 1st Sess.
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                  Property Management and Disposal Service

                             operating expenses

        For expenses, not otherwise provided for, necessary for 
    carrying out the functions of the Administrator with respect to the 
    utilization of excess property; the disposal of surplus property; 
    the rehabilitation of personal property; the appraisal of real and 
    personal property; the national stockpile established by the 
    Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-
    98h); the supplemental stockpile established by section 104(b) of 
    the Agricultural Trade Development and Assistance Act of 1954 (68 
    Stat. 456, as amended by 73 Stat. 607); including services as 
    authorized by 5 U.S.C. 3109 and reimbursement for security guard 
    services, $33,000,000, to be derived from proceeds from transfers 
    of excess property, disposal of surplus property, and sales of 
    stockpile mate

[[Page 5885]]

    rials: [Provided, That during the current fiscal year the General 
    Services Administration is authorized to acquire leasehold 
    interests in property, for periods not in excess of twenty years, 
    for the storage, security, and maintenance of strategic, critical, 
    and other materials in the national and supplemental stockpiles 
    provided said leasehold interests are at nominal cost to the 
    Government: Provided further, That during the current fiscal year 
    there shall be no limitation on the value of surplus strategic and 
    critical materials which, in accordance with section 6 of the 
    Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e), 
    may be transferred without reimbursement to the national 
    stockpile:] Provided further, That during the current fiscal year 
    materials in the inventory maintained under the Defense Production 
    Act of 1950, as amended (50 U.S.C. App. 2061-2166), and excess 
    materials in the national stockpile and the supplemental stockpile, 
    the disposition of which is authorized by law, shall be available, 
    without reimbursement, for transfer at fair market value to 
    contractors as payment for expenses (including transportation and 
    other accessorial expenses) of acquisition of materials, or of 
    refining, processing, or otherwise beneficiating materials, or of 
    rotating materials, pursuant to section 3 of the Strategic and 
    Critical Materials Stock Piling Act (50 U.S.C. 98b), and of 
    processing and refining materials pursuant to section 303(d) of the 
    Defense Production Act of 1950, as amended (50 U.S.C. App. 
    2093(d)): Provided further, That none of the funds available under 
    this heading shall be available for transfer to any other account 
    nor for the funding of any activities other than those specifically 
    authorized under this heading.(7)
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 7. This last proviso was deemed a proper limitation.
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        Mr. [John D.] Dingell [of Michigan]: Mr. Chairman, a point of 
    order.
        The Chairman: (8) The gentleman will state it.
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 8. Richard Bolling (Mo.).
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        Mr. Dingell: Mr. Chairman, I rise again out of diligence to 
    protect myself as to points of order.
        At page 22, the first point of order is as to the words 
    following the word ``Provided'' on page 22, line 6, down through 
    the semicolon following the word ``Government'' at page 22, line 
    12.
        I make the point of order, Mr. Chairman, together with another 
    point of order on the same rule beginning with the words, 
    ``Provided further'' down through the word ``stockpile,'' at page 
    22, line 18, in that both of these provisos are violative of rule 
    XXI, clause 2, and constitute legislation in an appropriation bill.
        The Chairman: Does the gentleman from Oklahoma desire to be 
    heard on the point of order?
        Mr. [Thomas J.] Steed [of Oklahoma]: Mr. Chairman, on the 
    second point of order, I believe the gentleman does not intend to 
    stop on line 22, does he? I believe he would have to go on to the 
    end of the proviso.
        Mr. Dingell: I intend to get the next proviso as soon as we 
    dispose of these points of order.
        Mr. Steed: The gentleman stopped in the middle of a proviso.
        Mr. Dingell: I am going to get the ``Provided further,'' next.
        Mr. Steed: There is no ``Provided further,'' next. This stops 
    with the ``supplemental stockpile'' in line 22.

[[Page 5886]]

        Mr. Dingell: In order, Mr. Chairman, to assist my good friend 
    from Oklahoma, I will make another point of order against the 
    language beginning on page 22, line 18, with ``Provided further,'' 
    down through the conclusion of that ``Provided further,'' on page 
    23, line 7; and then I will make a further point of order against 
    the ``Provided further,'' language on page 23, line 7, down through 
    the end of line 10 on page 23; in that all of these provisos and 
    ``Provided furthers'' do constitute violations of rule XXI, clause 
    2, and constitute legislation in an appropriation bill violation of 
    the rules.
        I again cite the requirement of the rules as set forth in the 
    House rules, that the burden of establishing the soundness of an 
    appropriation is upon the committee which offers it to the House, 
    and I point out that that burden cannot be borne, and that these 
    are violative of the rules, constituting legislation in an 
    appropriation bill.
        The Chairman: Does the gentleman from Oklahoma desire to be 
    heard on the point of order?
        Mr. Steed: Mr. Chairman, we concede the point of order.
        The Chairman: The point of order is conceded, and the point of 
    order is sustained, and the language beginning with the word 
    ``Provided'' on line 6, page 22, down through line 10, on page 23, 
    ending with ``this heading'' is stricken.
        Mr. Steed: Mr. Chairman, the proviso was one starting on page 
    22 and going down to the word ``stockpile'' on line 18. That was 
    the point of order made, against that language.
        Mr. Dingell: Mr. Chairman, I beg to differ.
        The Chairman: The Chair believes the gentleman from Michigan 
    made a point of order against the language in that proviso, the 
    language in the second proviso of ``Provided further,'' and in the 
    third proviso, beginning on line 18, ``Provided further,'' and then 
    another ``Provided further,'' beginning on line 7, page 23.
        In other words, the Chair was under the impression that the 
    gentleman made points of order against all the provisions beginning 
    with ``Provided,'' on page 22, line 6, through page 23, line 10.
        Mr. Dingell: The Chair is correct.
        The Chairman: Which would have the effect of striking all the 
    language the Chair just described?
        Mr. Steed: Mr. Chairman, the points of order made against the 
    language are conceded down to line 7, page 23, but the language of 
    that ``Provided further,'' is a simple limitation on an 
    appropriation bill and is not subject to a point of order.
        The Chairman: The Chair agrees with the gentleman from 
    Oklahoma.
        The various points of order that are conceded are sustained, 
    and that language is stricken. The language:

            Provided further, That none of the funds available under 
        this heading shall be available for transfer to any other 
        account nor for the funding of any activities other than those 
        specifically authorized under this heading.
    Which is a proper limitation and appears beginning in line 7, page 
    23, through line 10, remains in the bill, since the point of order 
    has not been made against the entire paragraph.

[[Page 5887]]

Waived for Lands Not Producing Revenue

Sec. 38.8 A proposition in a general appropriation bill providing that 
    reimbursement shall not be required for expenditures in connection 
    with Indian lands for which no production or compensatory royalty 
    accrues, or for expenditures in excess of 10 percent of such 
    royalties accruing from mineral-lease operations within any 
    reservation or agency jurisdiction was conceded and held to be 
    legislation and not in order.

    On Mar. 7, 1940,(9) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 8745), the following point of order was raised:
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 9. 86 Cong. Rec. 2532, 76th Cong. 3d Sess.
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        Mr. [Jack] Nichols [of Oklahoma]: Mr. Chairman, I make a point 
    of order. On page 29, beginning with the last word on the page, 
    ``to,'' I make a point of order against the following language:
        to be reimbursed under the provisions of the Act of February 
        14, 1920, as amended (25 U.S.C. 413), except that reimbursement 
        shall not be required for expenditures in connection with 
        Indian lands for which no production or compensatory royalty 
        accrues, or for expenditures in excess of 10 percent of such 
        royalties accruing from mineral-lease operations within any 
        reservation or agency jurisdiction.

        My point of order is that it is legislation on an appropriation 
    bill.
        The Chairman: (10) Does the gentleman from Oklahoma 
    (Mr. Johnson) desire to be heard on the point of order?
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10. Jere Cooper (Tenn.).
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        Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, we concede the 
    point of order.
        The Chairman: The point of order is sustained.

For Presidential Use Without Reimbursement to Appropriation Accounts

Sec. 38.9 An amendment to an appropriation bill providing that in 
    addition to the sum appropriated, supplies or funds shall be 
    available for disposition by the President under the Act of Mar. 
    11, 1941, to carry out the provisions of the Act of Mar. 28, 1944, 
    ``without reimbursement of the appropriations from which such 
    supplies or services were procured or such funds were provided,'' 
    was conceded and held to be legislation where that law did not 
    permit disposition without reimbursement.

[[Page 5888]]

    On June 3, 1944,(11) during consideration in the 
Committee of the Whole of a general appropriation bill (H.R. 4937), a 
point of order was raised against the following amendment:
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11. 90 Cong. Rec. 5252, 78th Cong. 2d Sess.
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        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Cannon of Missouri: Page 6, after 
        line 17, insert:
            ``Sec. 202. In addition to the sum appropriated by section 
        201 of this title, any supplies, services, or funds available 
        for disposition or expenditure by the President under the act 
        of March 11, 1941, as amended (22 U.S.C. 411-419), and acts 
        supplementary thereto, may be disposed of or expended by the 
        President to carry out the provisions of the act of March 28, 
        1944, without reimbursement of the appropriations from which 
        such supplies or services were procured or such funds were 
        provided.''

        Mr. Cannon of Missouri: Mr. Chairman, I ask for a vote on the 
    amendment.
        Mr. [Joseph P.] O'Hara [of Minnesota]: I desire to make a point 
    of order against the amendment offered by the gentleman from 
    Missouri [Mr. Cannon], because it is legislation on an 
    appropriation bill and not in order at this time. . . . 
        The Chairman: (12) The gentleman from Minnesota 
    makes a point of order against the amendment and particularly 
    emphasizes that the amendment provides that the appropriation is 
    ``without reimbursement'' and that ``without reimbursement'' is not 
    contained in the statute.
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12.  William M. Whittington (Miss.).
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        The Chair will hear the gentleman from Missouri [Mr. Cannon].
        Mr. Cannon of Missouri: Mr. Chairman, we concede the point of 
    order.
        The Chairman: The point of order is sustained.

Receipts From Operations to Repay Federal Investment--District of 
    Columbia Airport

Sec. 38.10 Language in an appropriation bill providing for repayment of 
    federal appropriations for an additional airport for the District 
    of Columbia from income derived from operations was conceded and 
    held to be legislation and not in order.

    On Aug. 6, 1957,(13) during consideration in the 
Committee of the Whole of a supplemental appropriation bill (H.R. 
9131), a point of order was raised against the following provision:
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13. 103 Cong. Rec. 13780, 85th Cong. 1st Sess.
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        The Clerk read as follows:

[[Page 5889]]

                                   Chapter I

                             Department of Commerce

                        Civil Aeronautics Administration

          Construction and Development, Additional Washington Airport

            For necessary expenses for the construction and development 
        of a public airport in the vicinity of the District of 
        Columbia, as authorized by the act of September 7, 1950 (64 
        Stat. 770), including acquisition of land, $12,500,000, to 
        remain available until expended: Provided, That not to exceed a 
        total of $250,000 may be advanced to the applicable 
        appropriations of the Civil Aeronautics Administration for 
        necessary administrative expenses: Provided further, That 
        beginning on June 30, 1965, and not later than June 30 of each 
        year thereafter, the Administrator of the Civil Aeronautics 
        Administration shall pay from income derived from operation of 
        the airport an amount which will repay to the Treasury of the 
        United States the full capital investment from Federal 
        appropriations in a period of 35 years.

        Mr. [Samuel N.] Friedel [of Maryland]: Mr. Chairman, a point of 
    order.
        The Chairman: (14) The gentleman will state his 
    point of order.
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14. Paul J. Kilday (Tex.).
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        Mr. Friedel: Mr. Chairman, I make a point of order against the 
    entire paragraph on page 2, lines 1 to 20 inclusive, on the ground 
    that the last proviso thereof contains legislation on an 
    appropriation bill. This proviso requires repayment of Federal 
    appropriations made for the airport, and in that respect amends the 
    basic law which authorized the airport.
        The Chairman: Does the gentleman from Texas wish to be heard on 
    the point of order?
        Mr. [Albert] Thomas [of Texas]: Mr. Chairman, it is, perhaps, a 
    close point, whether this comes under the Holman rule; but we 
    concede the point of order and offer an amendment.
        The Chairman: The gentleman from Texas [Mr. Thomas] concedes 
    the point of order made by the gentleman from Maryland [Mr. 
    Friedel]. The Chair sustains the point of order.

--Receipts Generated From Irrigation Projects

Sec. 38.11 Language in a general appropriation bill providing that 
    money received by the United States in connection with any 
    irrigation project constructed by the federal government shall be 
    covered into the general fund until such fund has been reimbursed, 
    was conceded and held to be legislation on an appropriation bill 
    and not a Holman rule retrenchment of funds covered by the bill.

    On Nov. 29, 1945,(15) during consideration in the 
Committee of the Whole of the first deficiency appropriation bill (H.R. 
4805), a point of order was raised against the following provision:
---------------------------------------------------------------------------
15. 91 Cong. Rec. 11192, 11193, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Total, general fund, construction, $42,765,000: Provided, 
        That all mon

[[Page 5890]]

        eys hereafter received by the United States in connection with 
        any irrigation project, including the incidental power features 
        thereof, constructed by the Secretary of the Interior through 
        the Bureau of Reclamation, and financed in whole or in part 
        with moneys heretofore or hereafter appropriated or allocated 
        therefor by the Federal Government from the general fund, shall 
        be covered into the general fund until the general fund has 
        been reimbursed in full for allocations and appropriations made 
        to such project from the general fund, except in cases where 
        provision has been made by law or contract for the use of such 
        revenues for the benefit of users of water from such project: 
        Provided further, That the portion of appropriations or 
        allocations invested in the power features of such projects 
        shall be fully amortized and repaid within 50 years with 
        interest at the rate of 3 percent per annum.

        Mr. (J. W.) Robinson of Utah: Mr. Chairman, I make the point of 
    order against the proviso commencing on page 30, line 15, and 
    continuing on page 31 down to the end of line 6 that it is 
    legislation on an appropriation bill.
        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, the committee 
    concedes the point of order. . . .
        Mr. [John] Taber [of New York]: Mr. Chairman, I desire to be 
    heard on the point of order. It is manifest that this item requires 
    that funds received shall be covered into the general fund of the 
    Treasury until the general fund has been fully reimbursed for the 
    amount that it has expended. In my opinion that is in order under 
    the Holman rule. It saves money to the Treasury on the face of the 
    document.
        The Chairman: (16) The Chair thinks it is clearly 
    legislation on an appropriation bill, and so holds. The point of 
    order is sustained.
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16. R. Ewing Thomason (Tex.).
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    Parliamentarian's Note: To justify legislative language in an 
appropriation bill under the Holman rule, the provision must show a 
retrenchment as a necessary result; and if an amendment, must be 
germane to the bill.

--Tennessee Valley Authority

Sec. 38.12 Language in an appropriation bill providing funds for 
    resource development activities of the Tennessee Valley Authority, 
    stating that part of the funds therefor should be derived from the 
    appropriated funds and part from proceeds of operation, was held to 
    be legislation and not in order.

    On May 28, 1956,(17) during consideration in the 
Committee of the Whole of the Department of the Interior appropriation 
bill (H.R. 11319), the following point of order was raised:
---------------------------------------------------------------------------
17. 102 Cong. Rec. 8725, 84th Cong. 2d Sess.
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        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I make a 
    point of order against certain language in the Tennessee Valley 
    Authority paragraph as follows: . . .
        . . . On page 3, lines 1 to 3 ``, of which $400,000 shall be 
    derived from this appropriation and $750,000 shall

[[Page 5891]]

    be derived from proceeds of operations of the Tennessee Valley 
    Authority.''
        Mr. Chairman, I make the point of order that all of the 
    language to which I have referred is legislation on an 
    appropriation bill. . . .
        The Chairman: (18) . . . It is clearly legislation 
    on an appropriation bill and the point of order is sustained.
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18. Jere Cooper (Tenn.).
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--Travel Expenses Paid by States

Sec. 38.13 In an appropriation bill providing funds for salaries and 
    expenses, Office of Education, a provision that ``all receipts from 
    non-Federal agencies representing reimbursement for expenses of 
    travel of employees of the Office of Education performing advisory 
    functions to the said agencies shall be deposited in the Treasury 
    of the United States to the credit of this appropriation,'' was 
    conceded and held to be legislation and not in order.

    On Apr. 2, 1957,(19) during consideration in the 
Committee of the Whole of the Departments of Labor and Health, 
Education, and Welfare appropriation bill (H.R. 6287), a point of order 
was raised against the following provision:
---------------------------------------------------------------------------
19. 103 Cong. Rec. 4972, 85th Cong. 1st Sess.
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        Salaries and expenses: For expenses necessary for the Office of 
    Education, including surveys, studies, investigations, and reports 
    regarding libraries; fostering coordination of public and school 
    library service; coordination of library service on the national 
    level with other forms of adult education; developing library 
    participation in Federal projects; fostering nationwide 
    coordination of research materials among libraries, interstate 
    library coordination and the development of library service 
    throughout the country; purchase, distribution, and exchange of 
    educational documents, motion-picture films, and lantern slides; 
    collection, exchange, and cataloging of educational apparatus and 
    appliances, articles of school furniture and models of school 
    buildings illustrative of foreign and domestic systems and methods 
    of education, and repairing the same; and cooperative research, 
    surveys, and demonstrations in education as authorized by the act 
    of July 26, 1954 (20 U.S.C. 331-332); $7 million, of which not less 
    than $550,000 shall be available for the Division of Vocational 
    Education as authorized: Provided, That all receipts from non-
    Federal agencies representing reimbursement for expenses of travel 
    of employees of the Office of Education performing advisory 
    functions to the said agencies shall be deposited in the Treasury 
    of the United States to the credit of this appropriation.
        Mr. [Edgar W.] Hiestand [of California]: Mr. Chairman, I make a 
    point of order against the language beginning in line 17, page 19, 
    down through line 22.
        The Chairman: (20) Beginning where?
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20. Aime J. Forand (R.I.).

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[[Page 5892]]

        Mr. Hiestand: This language:

            Provided, That all receipts from non-Federal agencies 
        representing reimbursement for expenses of travel of employees 
        of the Office of Education performing advisory functions to the 
        said agencies shall be deposited in the Treasury of the United 
        States to the credit of this appropriation.

        We would redistribute the money, and I suggest, Mr. Chairman, 
    that that is definitely legislation on an appropriation bill.
        The Chairman: Does the gentleman from Rhode Island desire to be 
    heard on the point of order?
        Mr. [John E.] Fogarty [of Rhode Island]: This was only an 
    attempt to have the States reimburse the Federal Government for the 
    technical assistance that the States call on the Department of 
    Education to give. Now, if you want it all to come out of the 
    Federal Treasury and not have the States make this reimbursement, 
    this is the way to do it. It is clearly subject to a point of 
    order, and I concede the point of order.
        The Chairman: The Chair has examined the language in the bill 
    and sustains the point of order.

Reimbursements for Indian Educational Expenses

Sec. 38.14 Language in an appropriation bill appropriating money to be 
    advanced for certain purposes coupled with a direction that such 
    advances shall be reimbursable during a fixed period under rules 
    and regulations prescribed by an executive officer was held to be 
    legislation and not in order.

    On May 14, 1937,(1) the Committee of the Whole was 
considering H.R. 6958, an Interior Department appropriation bill. A 
point of order was raised against the following paragraph:
---------------------------------------------------------------------------
 1. 81 Cong. Rec. 4598, 4599, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        For the purpose of encouraging industry and self-support among 
    the Indians and to aid them in the culture of fruits, grains, and 
    other crops, $165,000, which sum may be used for the purchase of 
    seeds, animals, machinery, tools, implements, and other equipment 
    necessary . . . Provided further, That not to exceed $15,000 may be 
    advanced to worthy Indian youths to enable them to take educational 
    courses, including courses in nursing home economics, forestry, and 
    other industrial subjects in colleges, universities, or other 
    institutions, and advances so made shall be reimbursed in not to 
    exceed 8 years, under such rules and regulations as the Secretary 
    of the Interior may prescribe.
        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against the paragraph beginning on page 26, line 4. The point 
    of order is that this is legislation on an appropriation bill and 
    it imposes discretionary duties upon the Secretary of the Interior. 
    The language at the bottom of the bill, beginning with ``Provided 
    further'', line 22, and the last proviso are entirely the same. 
    They provide that the Secretary of the Interior shall make

[[Page 5893]]

     rules and regulations and there is no question but what it imposes 
    additional duties upon the Secretary of the Interior all the way 
    through.
        In lines 17 and 18 the terms of repayment are made subject to 
    the discretion of the Secretary of the Interior and in lines 9 and 
    10 it is subject to that same discretion. This is all on page 26. 
    The whole paragraph is subject to discretion and imposes duties 
    upon the Secretary. . . .
        The Chairman: (2) The Chair would like to inquire 
    further of the gentleman with reference to the language appearing 
    in lines 7 and 8, page 27, reading as follows:
---------------------------------------------------------------------------
 2. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

            And advances so made shall be reimbursed in not to exceed 8 
        years under such rules and regulations as the Secretary of the 
        Interior may prescribe.

        Will the gentleman advise the Chair as to any provision of 
    existing law upon which this language is based?
        Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, this is the exact 
    language that has been used for several years and the gentleman 
    from Oklahoma knows of no specific basis of law for it.
        The Chairman: The Chair is ready to rule.
        The gentleman from New York makes a point of order against the 
    entire paragraph beginning in line 4, page 26, extending down to 
    and including line 9, page 27. The gentleman from New York [Mr. 
    Taber] in making his point of order invited attention to certain 
    language appearing in lines 10 and 11, page 26, with reference to 
    the discretion of the Secretary of the Interior.
        The Chair has examined the act commonly referred to and known 
    as the Snyder Act and invites attention to section 13 of that act, 
    in which the following appears:

            Expenditures of appropriations by Bureau of Indian Affairs: 
        The Bureau of Indian Affairs, under the supervision of the 
        Secretary of the Interior, shall direct, supervise, and expend 
        such moneys as Congress may from time to time appropriate for 
        the benefit, care, and assistance of the Indians throughout the 
        United States for the following purposes: General support and 
        civilization, including education; for industrial assistance 
        and advancement and general administration of Indian problems. 
        Further, for general and incidental expenses in connection with 
        the administration of Indian affairs.

        It is the opinion of the Chair that the act to which attention 
    has been invited confers upon the Secretary of the Interior rather 
    broad discretionary authority. The Chair is of opinion that the 
    language to which the gentleman invited attention is not subject to 
    a point of order, but that the language to which the Chair invited 
    the attention of the gentleman from Oklahoma with reference to the 
    provisos does constitute legislation on an appropriation bill not 
    authorized by the rules of the House. It naturally follows that as 
    the point of order has to be sustained as to these two provisos, it 
    has to be sustained as to the entire paragraph. The Chair therefore 
    sustains the point of order made by the gentleman from New York.

[[Page 5894]]