[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[C. Provisions as "Changing Existing Law," Generally]
[Â§ 40. Commerce]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 5904-5909]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
        C. PROVISIONS AS ``CHANGING EXISTING LAW,'' GENERALLY
 
Sec. 40. Commerce

Delegation of Authority of Secretary of Commerce

Sec. 40.1 Language in an appropriation bill authorizing the Secretary 
    of Commerce to designate an officer of the Department to sign minor 
    routine official papers and documents during the temporary absence 
    of the Secretary, the Under Secretary, and the Assistant Secretary, 
    was conceded and held to be legislation on an appropriation bill.

    On Mar. 16, 1945,(4) 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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 4. 91 Cong. Rec. 2367, 2368, 79th Cong. 1st Sess.
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        The Clerk read as follows:

                       Title III--Department of Commerce

                            office of the secretary

            Salaries and expenses: For all necessary expenses of the 
        office of the Secretary of Commerce (hereafter in

[[Page 5905]]

        this title referred to as the Secretary) including personal 
        services in the District of Columbia [and] teletype news 
        service . . . Provided, That hereafter the Secretary may 
        designate an officer of the Department to sign minor routine 
        official papers and documents during the temporary absence of 
        the Secretary, the Under Secretary, and the Assistant Secretary 
        of the Department.

        Mr. [Robert F.] Jones [of Ohio]: Mr. Chairman, I make a point 
    of order against the language on page 54, line 15, as follows: 
    ``teletype news service (not to exceed $1,000)'' as not authorized 
    by law, and to the language beginning in line 21, same page, 
    starting with the word ``Provided'' and continuing to the bottom of 
    that page and including the first two lines on page 55. It is 
    legislation on an appropriation bill not authorized by law.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede 
    both points of order.
        The Chairman: (5) The points of order are sustained.
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 5. Wilbur D. Mills (Ark.).
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Sec. 40.2 Language in an appropriation bill providing that the 
    Secretary of Commerce may delegate his authority to approve payment 
    of travel and other expenses of employees on change of official 
    station was conceded and held to be legislation on an appropriation 
    bill.

    On Mar. 16, 1945,(6) 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:
---------------------------------------------------------------------------
 6. 91 Cong. Rec. 2376, 79th Cong. 1st Sess.
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        The Clerk read as follows:

            During the fiscal year 1946 the Secretary of Commerce may 
        delegate his authority to subordinate officials of the Coast 
        and Geodetic Survey, and Weather Bureau, and the Civil 
        Aeronautics Administration, to authorize payment of expenses of 
        travel and transportation of household goods of officers and 
        employees on change of official station: Provided, That in no 
        case shall such authority be delegated to any official below 
        the level of the heads of regional or field offices.

        Mr. [Robert F.] Jones [of Ohio]: Mr. Chairman, a point of 
    order. On page 75, beginning with line 12, the entire paragraph 
    down to and including line 20, on the ground it is legislation on 
    an appropriation bill, not authorized by law.
        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, we concede 
    the point of order.
        The Chairman: (7) The point of order is sustained.
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 7. Wilbur D. Mills (Ark.).
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Entertainment Expenses

Sec. 40.3 An appropriation under the heading of Office of Administrator 
    of Civil Aeronautics, Department of Commerce, ``for entertainment 
    of officials in the field of aviation of other countries when 
    specifically authorized and

[[Page 5906]]

    approved by the Administrator,'' was conceded and held to be 
    legislation on an appropriation bill.

    On Mar. 16, 1945,(8) 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:
---------------------------------------------------------------------------
 8. 91 Cong. Rec. 2369, 2370, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

                  Office of Administrator of Civil Aeronautics

            General administration, Office of the Administrator: For 
        necessary expenses of the Office of Administrator of Civil 
        Aeronautics in carrying out the provisions of the Civil 
        Aeronautics Act of 1938, as amended (49 U.S.C. 401), including 
        personal services in the District of Columbia and elsewhere; 
        contract stenographic reporting services; not to exceed $14,000 
        for expenses of attendance at meetings of organizations 
        concerned with aeronautics, when specifically authorized by the 
        Administrator; newspapers (not exceeding $200); not to exceed 
        $5,000 in fiscal year 1946 for entertainment of officials in 
        the field of aviation of other countries when specifically 
        authorized and approved by the Administrator; fees and mileage 
        of expert and other witnesses; expenses of examination of 
        estimates of appropriations in the field; hire, maintenance, 
        repair, and operation of passenger-carrying automobiles; 
        $2,680,000.

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make a 
    point of order against the language on page 57, line 22: ``not to 
    exceed $5,000 in fiscal year 1946 for entertainment of officials in 
    the field of aviation of other countries when specifically 
    authorized and approved by the Administrator,'' on the ground that 
    it is legislation on an appropriation bill.
        The Chairman: (9) Does the gentleman from Michigan 
    desire to be heard on the point of order?
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 9. Wilbur D. Mills (Ark.).
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        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Chairman, I concede 
    the point of order.
        The Chairman: The point of order is sustained.

Foreign Trade Statistics, Site of Compilation; Permanent Provision of 
    Law

Sec. 40.4 Language in an appropriation bill appropriating for current 
    census statistics providing that ``after October 1, 1947, all 
    functions necessary to the compilation of foreign trade statistics 
    shall be performed in New York, N.Y.'' instead of Washington, D.C., 
    was conceded and held to be legislation on an appropriation bill 
    and not in order.

    On May 14, 1947,(10) during consideration in the 
Committee of the Whole of a general appropriation bill (H.R. 3311), a 
point of order

[[Page 5907]]

was raised against the following provision:
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10. 93 Cong. Rec. 5303, 80th Cong. 1st Sess.
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        The Clerk read as follows:

            Current census statistics: For expenses necessary for 
        collecting, compiling, and publishing current census statistics 
        provided for by law . . . Provided, That on and after October 
        1, 1947, all functions necessary to the compilation of foreign 
        trade statistics shall be performed in New York, N.Y., and of 
        the foregoing amount $1,200,000 shall be available exclusively 
        for this purpose.

        Mr. [J. Glenn] Beall [of Maryland]: I make a point of order 
    against the language on page 43, line 18, beginning with the word 
    ``provided'' and going through line 22 on the same page, that it is 
    legislation on an appropriation bill.
        Mr. [Karl] Stefan [of Nebraska]: Mr. Chairman, I concede the 
    point of order and I offer an amendment.
        The Chairman: (11) The point of order is conceded. 
    The Chair sustains the point of order.
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11. Carl T. Curtis (Nebr.).
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Business Statistics; Waiver of Classification Act

Sec. 40.5 A paragraph carrying an appropriation for all expenses of the 
    Bureau of the Census necessary to collect, compile, analyze, and 
    publish a sample census of business was conceded to include 
    legislation and was ruled out in violation of Rule XXI clause 2.

    On Dec. 8, 1944,(12) during consideration in the 
Committee of the Whole of a supplemental appropriation bill (H.R. 
5587), a point of order was raised against the following provision:
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12. 90 Cong. Rec. 9066, 9067, 78th Cong. 2d Sess.
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        The Clerk read as follows:

            Sample census of business: For all expenses of the Bureau 
        of the Census necessary to collect, compile, analyze, and 
        publish a sample census of business, including the employment 
        by the Director, at rates to be fixed by him, of personnel at 
        the seat of government and elsewhere without regard to the 
        Classification Act . . . $1,200,000, to remain available until 
        June 30, 1946.

        Mr. [Francis H.] Case [of South Dakota]: Mr. Chairman, I make a 
    point of order against the paragraph just read on the ground it 
    contains legislation unauthorized by law in an appropriation bill. 
    The paragraph is cited in the report of the committee as one of 
    those paragraphs containing legislation.
        The Chairman: (13) Does the gentleman from Missouri 
    [Mr. Cannon] desire to be heard?
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13. Herbert C. Bonner (N.C.).
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        Mr. [Clarence] Cannon of Missouri: Mr. Chairman, we concede the 
    point of order.
        The Chairman: The gentleman from Missouri concedes the point of 
    order.

Census of Manufactures; Waiver of Classification Act

Sec. 40.6 An appropriation for all expenses of the Bureau of

[[Page 5908]]

    the Census necessary to collect, compile, and analyze a census of 
    manufactures for 1944, was conceded and held to contain a provision 
    unauthorized by law and to be legislation.

    On Dec. 7, 1944,(14) during consideration in the 
Committee of the Whole of a supplemental appropriation bill (H.R. 
5587), a point of order was raised against the following provision:
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14. 90 Cong. Rec. 8995, 78th Cong. 2d Sess.
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        The Clerk read as follows:

            Census of manufactures for 1944: For all expenses of the 
        Bureau of the Census necessary to collect, compile, analyze, 
        and publish a census of manufactures for 1944, including the 
        employment by the Director, at rates to be fixed by him, of 
        personnel at the seat of government and elsewhere without 
        regard to the Classification Act . . . $2,400,000, to remain 
        available until June 30, 1946.

        Mr. [Francis H.] Case [of South Dakota]: Mr. Chairman, I rise 
    to make a point of order against the paragraph just read on the 
    ground it contains legislation and is not authorized in an 
    appropriation bill. The paragraph is one of those cited in the 
    report as embodying legislation.
        The Chairman: (15) Does the gentleman from 
    Pennsylvania [Mr. Snyder] desire to be heard?
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15. Herbert C. Bonner (N.C.).
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        Mr. [J. Buell] Snyder: Mr. Chairman, I concede the point of 
    order.
        The Chairman: The gentleman concedes the point of order and the 
    Chair sustains the point of order.

    Immediately following this ruling, an appropriation for compiling 
census reports, ``including the objects specified under this head in 
the Department of Commerce Appropriation Act, and including expenses . 
. . for sample surveys . . . for the purpose of estimating the size, 
characteristics and distribution of the nation's population,'' was held 
to be legislation and unauthorized by law.(16) The point of 
order was as follows:
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16. 90 Cong. Rec. 8995, 78th Cong. 2d Sess.
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        Mr. [John] Taber [of New York]: Mr. Chairman, I make the point 
    of order that this is not authorized by law, it is legislation on 
    an appropriation bill, and I make the same statement made before, 
    namely, it is cited in the report.
        The Chairman: Does the gentleman from Pennsylvania [Mr. Snyder] 
    desire to be heard?
        Mr. Snyder: Mr. Chairman, I concede the point of order.
        The Chairman: The gentleman concedes the point of order, and 
    the Chair sustains the point of order.

Consumer Income

Sec. 40.7 An appropriation for all expenses of the Bureau of the Census 
    to collect, compile, and analyze statistics with respect to 
    consumer income was conceded and held

[[Page 5909]]

    to contain legislation not authorized.

    On Dec. 7, 1944,(17) during consideration in the 
Committee of the Whole of a supplemental appropriation bill (H.R. 
5587), a point of order was raised against the following provision:
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17. 90 Cong. Rec. 8995, 78th Cong. 2d Sess.
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        Consumer income study: For all expenses of the Bureau of the 
    Census necessary to collect, compile, and analyze statistics with 
    respect to the consumer income, and to publish the results thereof, 
    including the employment by the Director, at rates to be fixed by 
    him, of personnel at the seat of government . . . $3,500,000, to 
    remain available until June 30, 1946.
        Mr. H. Carl Andersen [of Minnesota]: Mr. Chairman, I make the 
    point of order against the paragraph that it is legislation on an 
    appropriation bill and not authorized by law.
        The Chairman: (18) Does the gentleman from 
    Pennsylvania wish to be heard on the point of order?
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18. Herbert C. Bonner (N.C.).
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        Mr. [J. Buell] Snyder [of Pennsylvania]: I concede the point of 
    order, Mr. Chairman.
        The Chairman: The Chair sustains the point of order.