[Deschler's Precedents, Volume 8, Chapter 26]
[Chapter 26. Unauthorized Appropriations; Legislation on Appropriation Bills]
[E. Provisions as Changing Existing Law; Provisions Affecting Executive Authority; Imposition of New Duties on Officials]
[Â§ 62. Interior]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 6238-6248]
 
                               CHAPTER 26
 
    Unauthorized Appropriations; Legislation on Appropriation Bills
 
    E. PROVISIONS AS CHANGING EXISTING LAW: PROVISIONS AFFECTING 
     EXECUTIVE AUTHORITY; IMPOSITION OF NEW DUTIES ON OFFICIALS
 
Sec. 62. Interior

[[Page 6239]]



Appropriation Available Pursuant to Regulations by Secretary

Sec. 62.1 A paragraph in a general appropriation bill providing that 
    appropriations in the bill available for travel expenses shall be 
    available for expenses of attendance of officers and employees at 
    meetings or conventions ``under regulations prescribed by the 
    Secretary,'' was conceded to be legislation and held not in order.

    On May 2, 1951,(15) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 3790), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
15. 97 Cong. Rec. 4738, 82d Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Sec. 104. Appropriations in this act available for travel 
        expenses shall be available, under regulations prescribed by 
        the Secretary, for expenses of attendance of officers and 
        employees at meetings or conventions of members of societies or 
        associations concerned with the work of the bureau or office 
        for which the appropriation concerned is made.

        Mr. [Kenneth B.] Keating [of New York]: Mr. Chairman, I make 
    the point of order against section 104 that it is legislation on an 
    appropriation bill and involves additional duties.
        The Chairman: (16) Does the Chair understand that 
    the gentleman from New York raises objection to the paragraph 
    because of the use of the language ``under regulations prescribed 
    by the Secretary'' in lines 18 and 19?
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16. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

        Mr. Keating: I do object to those words, and feel that that 
    makes the section out of order as it now stands, but I would still 
    press the point of order even with those words eliminated.
        Mr. [Henry M.] Jackson of Washington: I wonder if the gentleman 
    would accept the section if it remains as is except for the 
    elimination of the words ``under regulations prescribed by the 
    Secretary.''
        Mr. Keating: I feel that even with the elimination of those 
    words it would still involve legislation on an appropriation bill, 
    for exactly the same reasons for which the Chair has held section 
    102 subject to a point of order.
        Mr. Jackson of Washington: Mr. Chairman, I concede the point of 
    order.
        The Chairman: The point of order is sustained.

Available if Determined to be ``Advantageous''

Sec. 62.2 Language in an appropriation bill making available 
    appropriations for the installation of telephones in government-
    owned residences occupied by employees of the National Park 
    Service, provided the Secretary of the Interior deter

[[Page 6240]]

    mines that such services are advantageous in the administration of 
    the park areas, was conceded and held to impose new duties on the 
    Secretary and therefore to be legislation.

    On Mar. 16, 1939,(17) 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:
---------------------------------------------------------------------------
17. 84 Cong. Rec. 2893, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Appropriations herein made for the National Park Service 
        shall be available for the installation and operation of 
        telephones in Government-owned residences, apartments, or 
        quarters occupied by employees of the National Park Service, 
        provided the Secretary determines the provision of such 
        services are advantageous in the administration of these areas.

        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against the paragraph on the ground it is not authorized by 
    law and also because it imposes additional duties on the Secretary 
    in the putting in of telephones in private houses.
        Mr. [Jed] Johnson of Oklahoma: Mr. Chairman, I concede the 
    point of order and offer an amendment.
        The Chairman: (18) The point of order is sustained.
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18. Frank H. Buck (Calif.).
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Determination of Electric Power Needs

Sec. 62.3 An amendment to an appropriation bill providing that no funds 
    therein shall be used to operate transmission lines to carry power 
    developed at Fort Randall Dam across the boundaries of South 
    Dakota, unless such power exceeds the requests for power in that 
    state, was held to be legislation on an appropriation bill, 
    imposing new duties on officials, and not in order.

    On Mar. 30, 1949,(19) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 3838), a point of order was raised against the following 
amendment:
---------------------------------------------------------------------------
19. 95 Cong. Rec. 3520, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Francis H.] Case of South Dakota: Mr. Chairman, I offer my 
    amendment at this time and ask that it be read.
        The Clerk read as follows:

            Amendment offered by Mr. Case of South Dakota: On page 47, 
        line 7, strike out the period, insert a colon and the 
        following: ``Provided further, That no part of these funds 
        shall be used to build, operate, or administer transmission 
        lines to carry power developed at Fort Randall Dam across the 
        boundaries of the State of South Dakota in which the power is 
        produced, unless the power so produced

[[Page 6241]]

        shall exceed the requests for power in that State.''. . .

        Mr. [Henry M.] Jackson of Washington: Mr. Chairman, I make the 
    point of order that this particular amendment is legislation on an 
    appropriation bill and imposes additional duties on the Bureau of 
    Reclamation. . . .
        The Chairman: (20) The Chair is prepared to rule. . 
    . .
---------------------------------------------------------------------------
20. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

        The Chair has examined the amendment with some degree of care 
    and invites attention especially to the language appearing wherein 
    it is stated, ``unless the power so produced shall exceed the 
    requests for power in that State.''
        The insertion of that language in the amendment would impose 
    additional duties under the amendment, therefore would be 
    legislation on an appropriation bill.
        The Chair sustains the point of order.

Requiring Approval by State Officials of Federal Project

Sec. 62.4 An amendment to the Interior Department appropriation bill 
    providing that none of the funds therein may be used for the 
    purchase of material for new construction of electrical generating 
    equipment in any state unless approved by the Governor or board 
    having jurisdiction over such matters was held to be legislation on 
    an appropriation bill and not in order.

    On Mar. 30, 1949,(1) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 3838), a point of order was raised against the following 
amendment:
---------------------------------------------------------------------------
 1. 95 Cong. Rec. 3530, 3531, 81st Cong. 1st Sess. For discussion of 
        the effect of duties imposed on state or local officials 
        generally, see Sec. 53, supra.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Amendment offered by Mr. [Ben F.] Jensen [of Iowa]: On page 
        43, line 3, insert: ``None of the funds herein appropriated may 
        be used for the purchase of material for the beginning of any 
        new construction of electrical generating equipment, 
        transmission lines, or related facilities in any State unless 
        approved by the governor, by the board, or commission of the 
        respective States having jurisdiction over such matters.''

        Mr. [Henry M.] Jackson of Washington: Mr. Chairman, I make a 
    point of order against the amendment on the ground that it is 
    clearly legislation on an appropriation bill.
        The Chairman: (2) Does the gentleman from Iowa 
    desire to be heard on the point of order?
---------------------------------------------------------------------------
 2. Jere Cooper (Tenn.).
---------------------------------------------------------------------------

        Mr. Jensen: If the Chair pleases; yes.
        The Chairman: The Chair will hear the gentleman, briefly.
        Mr. Jensen: Mr. Chairman, again I contend, and I am sure 
    rightly so, that

[[Page 6242]]

    my amendment is purely a limitation of appropriation. In many 
    States there are State authorities which pass on such matters as 
    this. They find it is good for the States because of the fact they 
    do not want the Government of the United States to encroach on 
    State rights. So this is in harmony with the programs which are 
    carried on in many of the States at the present time. It is very 
    important and I think for the welfare of this Nation. It is proper 
    and is not legislation on an appropriation bill.
        The Chairman: The Chair is prepared to rule. . . .
        The Chair has examined the amendment and especially invites 
    attention to the following language appearing in the amendment: 
    ``unless approved by the governor, by the board, or commission of 
    the respective States having jurisdiction over such matters.''
        There can be no doubt but what that language would impose 
    additional duties on the governor and the commission and would 
    require affirmative action, therefore it constitutes legislation, 
    and the Chair sustains the point of order.

    Parliamentarian's Note: This precedent best represents current 
rulings on issues such as those raised here. But see the ``Note on 
Contrary Rulings,'' which follows Sec. 53.6, supra, especially the 
ruling of Mar. 29, 1966, wherein prior approval by state officials was 
held merely descriptive of qualifications of recipients and not to 
impose new duties on state officials; and the ruling of June 23, 1971.

Granting Discretionary Authority

Sec. 62.5 Language in a general appropriation bill providing that the 
    Secretary of the Interior may utilize appropriations for 
    encouraging self-support among Indians through several stated 
    means, and requiring the exercise of discretion by the Secretary 
    was held to be legislation on an appropriation bill and not in 
    order.

    On Mar. 1, 1938,(3) the Committee of the Whole was 
considering H.R. 9621, an Interior Department appropriation bill. The 
following proceedings took place:
---------------------------------------------------------------------------
 3. 83 Cong. Rec. 2637, 2638, 75th Cong. 3d 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, $240,000 . . . Provided, That the expenditures for the 
    purposes above set forth shall be under conditions to be prescribed 
    by the Secretary of the Interior for repayment to the United States 
    on or before June 30, 1944, except in the case of loans on 
    irrigable lands for permanent improvement of said lands, in which 
    the period for repayment may run for not exceeding 20 years, in the 
    discretion of the Secretary of the Interior . . . Provided further, 
    That the Secretary of the Interior is hereby authorized, in his 
    discretion and under

[[Page 6243]]

    such rules and regulations as he may prescribe, to make advances 
    from this appropriation to old, disabled, or indigent Indian 
    allottees, for their support, to remain a charge and lien against 
    their land until paid: Provided further, That not to exceed $15,000 
    may be advanced to worthy Indian youths to enable them to take 
    educational courses . . . 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 the point 
    of order against the paragraph that it is legislation on an 
    appropriation bill and requires additional duties of the Secretary 
    of the Interior. I call the attention of the Chair to the language 
    beginning at the end of line 18 and running through the entire 
    proviso; to the proviso beginning in line 5 on page 29; to the 
    proviso beginning on page 29, line 10; and to the proviso beginning 
    on page 29, line 17. Every one of these is subject to a point of 
    order, because each of them requires additional duties of the 
    Secretary of the Interior and is legislation on an appropriation 
    bill.
        I make the point of order against the entire paragraph. . . .
        The Chairman: (4) Does the gentleman from Oklahoma 
    desire to be heard on the point of order?
---------------------------------------------------------------------------
 4. Marvin Jones (Tex.).
---------------------------------------------------------------------------

        Mr. [Jed] Johnson of Oklahoma: I do not care to be heard on it, 
    Mr. Chairman.
        The Chairman: The Chair is ready to rule.
        It seems to the Chair the proviso beginning on page 29, line 5; 
    the second proviso, beginning on line 10; and the third proviso, 
    beginning on line 14, are all subject to a point of order, being 
    legislation on an appropriation bill. The point of order is made to 
    the entire paragraph, and, with these items included, the entire 
    paragraph is subject to the point of order.
        The point of order is therefore sustained.

Sec. 62.6 An appropriation for the giving of educational lectures in 
    national parks to be designated by the Secretary of the Interior in 
    his discretion is legislation.
    On May 17, 1937,(5) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 6958), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
 5. 81 Cong. Rec. 4713, 4714, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Appropriations herein made for the national parks, national 
        monuments, and other reservations under the jurisdiction of the 
        National Park Service shall be available for the giving of 
        educational lectures therein and for the services of field 
        employees in cooperation with such nonprofit scientific and 
        historical societies engaged in educational work in the various 
        parks and monuments as the Secretary, in his discretion, may 
        designate.

        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against the paragraph on page 109, lines 18 to 25, that it is 
    legislation on an appropriation bill not authorized by law.

[[Page 6244]]

        The Chairman: (6) Does the gentleman from Oklahoma 
    desire to be heard on the point of order?
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 6. Jere Cooper (Tenn.).
---------------------------------------------------------------------------
    Mr. [Jed] Johnson of Oklahoma: I do not care to be heard.

        The Chairman: The Chair sustains the point of order.

Sec. 62.7 An appropriation for the expenses of organizing Indian 
    chartered corporations or other tribal organizations was held to be 
    authorized by law; but a provision in the same paragraph that ``in 
    the discretion of the Secretary of the Interior, not to exceed $3 
    per diem in lieu of subsistence may be allowed'' to Indians 
    traveling on organization work was ruled out as legislation, 
    causing the entire paragraph to be stricken.

    On May 14, 1937,(7) the Committee of the Whole was 
considering H.R. 6958, an Interior Department appropriation bill. At 
one point the Clerk read as follows, and proceedings ensued as 
indicated below:
---------------------------------------------------------------------------
 7. 81 Cong. Rec. 4592, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        For expenses of organizing Indian chartered corporations, or 
    other tribal organizations, in accordance with the provisions of 
    the act of June 18, 1934 (48 Stat., p. 986), including personal 
    services, purchase of equipment and supplies, not to exceed $3,000 
    for printing and binding, and other necessary expenses, $100,000 of 
    which not to exceed $25,000 may be used for personal services in 
    the District of Columbia: Provided, That in the discretion of the 
    Secretary of the Interior, not to exceed $3 per diem in lieu of 
    subsistence may be allowed to Indians actually traveling away from 
    their place of residence when assisting in organization work.
        Mr. [John] Taber [of New York]: Mr. Chairman, I make the point 
    of order against the paragraph upon the ground that it contains 
    legislation and changes existing law, that the provision appearing 
    on page 16, from lines 16 to 20, is legislation not authorized by 
    law, and I make the point of order against the entire paragraph. . 
    . .
        The Chairman: (8) The Chair is ready to rule. The 
    Chair thinks that the first part of the paragraph down to the 
    proviso in line 16 on page 16 is authorized under section 9 of the 
    statute approved June 18, 1934, and, therefore, is in order. The 
    Chair thinks, however, so far as the proviso, line 16 down to the 
    word ``work'' on line 20, is concerned, that it does not appear on 
    the face of this proviso that it necessarily is a saving, and 
    therefore does not come within the Holman rule and appears to be 
    legislation on an appropriation bill. The Chair, therefore, 
    sustains the point of order as to the proviso.
---------------------------------------------------------------------------
 8. Lister Hill (Ala.).
---------------------------------------------------------------------------

        Mr. Taber: Mr. Chairman, I make the point of order against the 
    whole paragraph.
        The Chairman: If the gentleman from New York insists on his 
    point of

[[Page 6245]]

    order to the entire paragraph, the entire paragraph will go out, 
    and the Chair so rules.

Bestowing New Responsibilities on Secretary

Sec. 62.8 Language in the Interior Department appropriation bill 
    reserving such part of the storage capacity of the Cascade 
    Reservoir for other projects ``as shall be determined by the 
    Secretary of the Interior'' was conceded to be legislation and held 
    not in order.

    On May 13, 1941,(9) during consideration in the 
Committee of the Whole of the Interior Department appropriation bill 
(H.R. 4590), the following proceedings took place:
---------------------------------------------------------------------------
 9. 87 Cong. Rec. 4009, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Boise project, Idaho, Payette division, $500,000: Provided, 
        That such part of the storage capacity of the Cascade 
        Reservoir, and the costs thereof, shall be reserved for other 
        irrigation or power developments in and adjacent to the Boise 
        project, as shall be determined by the Secretary of the 
        Interior.

        Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Chairman, I make a 
    point of order against the language on page 78, beginning in line 
    15, reading as follows:

            Provided, That such part of the storage capacity of the 
        Cascade Reservoir, and the cost thereof, shall be reserved for 
        other irrigation or power development in and adjacent to the 
        Boise project, as shall be determined by the Secretary of the 
        Interior--

        On the ground that this is legislation on an appropriation 
    bill.
        Mr. [Charles H.] Leavy [of Washington]: Mr. Chairman, does the 
    gentleman make the point of order just against the proviso?
        Mr. Rich: Yes.
        Mr. Leavy: Mr. Chairman, we concede the point of order.
        The Chairman: (10) The point of order is sustained.
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10. Jere Cooper (Tenn.).
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Directions to Secretary; New Reporting Requirement

Sec. 62.9 A provision in an appropriation bill that the ``Secretary of 
    the Interior shall include in his annual report a full statement of 
    all expenditures made under authority of this paragraph'' was held 
    to be legislation and not in order on an appropriation bill.

    On Mar. 14, 1939,(11) 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:
---------------------------------------------------------------------------
11. 84 Cong. Rec. 2733, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        For investigating official matter under the control of the 
    Department of

[[Page 6246]]

    the Interior; for protecting timber on the public lands, and for 
    the more efficient execution of the law and rules relating to the 
    cutting thereof . . . and for traveling and other expenses of 
    persons employed hereunder, $548,000. . . . The Secretary of the 
    Interior shall include in his annual report a full statement of all 
    expenditures made under authority of this paragraph.
        Mr. [John] Taber [of New York]: Mr. Chairman, a point of order.
        The Chairman: (12) The gentleman will state it.
---------------------------------------------------------------------------
12. Frank H. Buck (Calif.).
---------------------------------------------------------------------------

        Mr. Taber: Mr. Chairman, I make a point of order against the 
    paragraph that it is not authorized by law. There is no authority 
    in the law, as I understand it, for the maintenance of this 
    division. It went out on a point of order last year, and, as I 
    remember the situation, there has been no change in the law since. 
    I believe that is all that needs to be said on the subject at this 
    time. . . .
        The Chairman: The Chair is ready to rule.
        The Chair believes the last sentence in the paragraph as it now 
    stands, reading, ``The Secretary of the Interior shall include in 
    his annual report a full statement of all expenditures made under 
    authority of this paragraph,'' is clearly legislation and is 
    subject to a point of order. If the gentleman from New York insists 
    upon his point of order going against the entire section, the Chair 
    will necessarily be forced to sustain it. The Chair does sustain 
    the point of order.

Authorizing Advances Under Rules to be Promulgated

Sec. 62.10 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,(13) the Committee of the Whole was 
considering H.R. 6958, an Interior Department appropriation bill. At 
one point the Clerk read as follows, and proceedings ensued as 
indicated below:
---------------------------------------------------------------------------
13. 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 fruit, grains, and 
    other crops, $165,000 . . . 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

[[Page 6247]]

    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 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: (14) The Chair would like to inquire . 
    . . of the gentleman with reference to the language appearing in 
    lines 7 and 8, page 27, reading as follows:
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14. 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

[[Page 6248]]

    Chair therefore sustains the point of order made by the gentleman 
    from New York.

Historic Preservation; Limiting Legal Authority, Not Funds

Sec. 62.11 Language in an appropriation bill providing that ``hereafter 
    the authority of the Secretary of the Interior . . . to acquire by 
    gift on behalf of the United States any historic site, building, 
    object, and antiquity of national significance, shall not be 
    effective until an appropriation has been made for the operation 
    and maintenance thereof subsequently to such proposed 
    acquisition,'' was conceded and held to be a change in law and 
    legislation on an appropriation bill.

    On Mar. 20, 1939,(15) 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:
---------------------------------------------------------------------------
15. 84 Cong. Rec. 3000, 76th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Historic sites and buildings: For carrying out the 
        provisions of the act entitled ``An act to provide for the 
        preservation of historic American sites, buildings, objects, 
        and antiquities of national significance, and for other 
        purposes,'' approved August 21, 1935 (49 Stat. 666), including 
        personal services in the District of Columbia, $24,000: 
        Provided, That hereafter the authority of the Secretary of the 
        Interior contained in such act, to acquire by gift on behalf of 
        the United States any historic site, building, object, and 
        antiquity of national significance, shall not be effective 
        until an appropriation has been made for the operation and 
        maintenance thereof subsequently to such proposed acquisition.

        Mr. [Schuyler Otis] Bland [of Virginia]: Mr. Chairman, I desire 
    to make a point of order against the proviso, commencing with the 
    word ``Provided,'' line 17, page 119, down to the end of the 
    paragraph, in that it is legislation on an appropriation bill. 
    According to the report, it expressly changes the language of the 
    act.
        The Chairman: (16) Does the gentleman from Oklahoma 
    [Mr. Johnson] desire to be heard?
---------------------------------------------------------------------------
16. Frank H. Buck (Calif.).
---------------------------------------------------------------------------

        Mr. [Jed] Johnson: Mr. Chairman, I concede the point of order.
        The Chairman: The point of order is sustained.