[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§ 55. President's Authority]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 6139-6151]
 
                               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. 55. President's Authority

Grant of New Discretionary Authority

Sec. 55.1 Language in a general appropriation bill which authorizes the 
    President to determine amounts of funds to be available in the 
    administration of a program, although such funds are required to be 
    distributed by application of an allotment formula in existing law, 
    confers on the President a dis

[[Page 6140]]

    cretionary authority to make determinations in contravention of 
    that law, and is therefore legislation on an appropriation bill and 
    subject to a point of order.

    On Feb. 19, 1970,(15) during consideration in the 
Committee of the Whole of the Departments of Labor, and Health, 
Education, and Welfare appropriation bill (H.R. 15931), the following 
point of order was raised:
---------------------------------------------------------------------------
15. 116 Cong. Rec. 4019, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: (16) Are there any points of order?
---------------------------------------------------------------------------
16. Chet Holifield (Calif.).
---------------------------------------------------------------------------

        Mr. [James G.] O'Hara [of Michigan]: Mr. Chairman, I rise to 
    make a point of order against the language contained in section 
    411, beginning on line 12, through line 20 on page 61, which reads 
    as follows:

            Sec. 411. In the administration of any program provided for 
        in this Act, as to which the allocation, grant, apportionment, 
        or other distribution of funds among recipients is required to 
        be determined by application of a formula involving the amount 
        appropriated or otherwise made available for distribution, the 
        amount available for expenditure or obligation (as determined 
        by the President) shall be substituted for the amount 
        appropriated or otherwise made available in the application of 
        the formula.

        Mr. Chairman, I make the point of order on the ground that the 
    section in question constitutes legislation on an appropriation 
    bill and does not come within the exception.
        The Chairman: Does the gentleman from Pennsylvania desire to be 
    heard on the point of order?
        Mr. [Daniel J.] Flood [of Pennsylvania]: Mr. Chairman, the 
    language is patently legislation on an appropriation bill. I 
    concede the point of order.
        The Chairman: The gentleman from Pennsylvania concedes the 
    point of order, and the Chair sustains the point of order.

Affirmative Directive

Sec. 55.2 A provision in a general appropriation bill directing the 
    President to ``assure that no contribution to the United Nations 
    Development Program authorized by the Foreign Assistance Act of 
    1961 . . . shall be used for projects for economic or technical 
    assistance to the Government of Cuba, so long as Cuba is governed 
    by the Castro regime,'' was ruled out as legislation [constituting 
    a directive to the President and not confined to the funds carried 
    in the bill].

    On June 4, 1970,(17) during consideration in the 
Committee of the Whole of the foreign assistance appropriation bill 
(H.R. 17867), a

[[Page 6141]]

point of order was raised against the following provision:
---------------------------------------------------------------------------
17. 116 Cong. Rec. 18395, 18396, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Technical assistance: For necessary expenses as authorized by 
    law $310,000,000, distributed as follows:
        (1) World-wide, $151,000,000 (section 212);
        (2) Alliance for Progress, $75,000,000 (section 252(a)); and
        (3) Multilateral organizations, $85,000,000 (section 302(a)), 
    of which not less than $13,000,000 shall be available only for the 
    United Nations Children's Fund: Provided, That no part of this 
    appropriation shall be used to initiate any project or activity 
    which has not been justified to the Congress, except projects or 
    activities relating to the reduction of population growth; Provided 
    further, That the President shall seek to assure that no 
    contribution to the United Nations Development Program authorized 
    by the Foreign Assistance Act of 1961, as amended, shall be used 
    for projects for economic or technical assistance to the Government 
    of Cuba, so long as Cuba is governed by the Castro regime. . . .
        Mr. [Clement J.] Zablocki [of Wisconsin]: Mr. Chairman, a point 
    of order.
        The Chairman: (18) . . . The Chair will hear the 
    gentleman from Wisconsin on his point of order.
---------------------------------------------------------------------------
18. Hale Boggs (La.).
---------------------------------------------------------------------------

        Mr. Zablocki: Mr. Chairman, I make the point of order that the 
    entire proviso beginning on line 20 and ending on line 25 of page 2 
    is legislation in an appropriation. I am for its objectives, but in 
    effect it simply says that the President should try to enforce 
    existing law. The provisions in existing law, section 620 of the 
    Foreign Assistance Act are stronger and there is no sense in this 
    useless repetition in an appropriation.
        Mr. Chairman, I make the point of order that this is 
    legislation on an appropriation bill.
        The Chairman: Does the gentleman from Louisiana wish to be 
    heard on the point of order?
        Mr. [Otto E.] Passman [of Louisiana]: Yes, sir, Mr. Chairman. 
    The proviso was added by the Committee on Appropriations in the 
    foreign assistance appropriation bill for fiscal year 1965 in order 
    to insure that no U.S. contribution to the UNDP would be used to 
    give any type of economical or technical assistance to Cuba as long 
    as Cuba is governed by the Castro regime.
        I would like to interpret this as a limitation on an 
    appropriation bill and ask for a ruling.
        The Chairman: The language in question is as follows: Line 20, 
    page 2:

            Provided further, That the President shall seek to assure . 
        . .

        And so forth.
        That is obviously a directive to the President of the United 
    States, it is not limited in application to the funds appropriated 
    in this bill or any section thereof, and the Chair sustains the 
    point of order.

Limiting President's Legal Authority

Sec. 55.3 Where existing law gives the President discretionary 
    authority to furnish and allocate foreign military assist

[[Page 6142]]

    ance, subject to the authorization levels contained therein, it is 
    not in order in a general appropriation bill to include language 
    which would limit the President's authority to allocate excess 
    defense articles to 120 percent of amounts justified to Congress 
    for any country.

    On June 4, 1970,(19) during consideration in the 
Committee of the Whole of the foreign assistance appropriation bill 
(H.R. 17867), the following paragraph was read:
---------------------------------------------------------------------------
19. 116 Cong. Rec. 18400, 18401, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Military assistance: For expenses authorized by section 504(a) 
    of the Foreign Assistance Act of 1961, as amended, including 
    administrative expenses and purchase of passenger motor vehicles 
    for replacement only for use outside of the United States, 
    $350,000,000: Provided, That none of the funds contained in this 
    paragraph shall be available for the purchase of new automotive 
    vehicles outside of the United States . . . Provided further, That 
    the military assistance program for any country shall not be 
    increased beyond twenty per centum of the amount justified to the 
    Congress, unless the President determines that an increase in such 
    program is essential to the national interest of the United States 
    and reports each such determination to the House of Representatives 
    and the Senate within thirty days after each such determination: 
    Provided further, That the Excess Defense Articles program for any 
    country shall not be increased beyond twenty per centum of the 
    amount presented to the Congress.
        Mr. [Clement J.] Zablocki [of Wisconsin]: Mr. Chairman, I make 
    a point of order against the proviso on lines 16 through 19. This 
    is clearly legislation in an appropriation and is not a proper 
    appropriation limitation. It attempts to provide that excess 
    defense articles programs may be increased up to 20 percent for any 
    country beyond the amounts presented to the Congress.
        As I stated earlier, Mr. Chairman, it is not my intention to go 
    into the substance of the proviso since this language is not in the 
    authorization act. I do want to point out, however, that this 
    proviso particularly is not in the interest of our national 
    security nor is it in the interest of our economic well-being.
        Therefore, Mr. Chairman, I want to renew my point of order that 
    this is legislation in an appropriation bill. . . .
        The Chairman: (20) The Chair is prepared to rule.
---------------------------------------------------------------------------
20. Hale Boggs (La.).
---------------------------------------------------------------------------

        The gentleman from Wisconsin has raised a point of order 
    against the language appearing on page 6 of the bill, lines 16 
    through 19, relating to excess defense articles, on the ground that 
    the proviso is in the nature of legislation on an appropriation 
    bill in violation of rule XXI, clause 2.
        The Chair has examined the Foreign Assistance Act of 1961, as 
    amended. Section 503 of that act bestows authority for military 
    assistance and gives the President wide discretion in the

[[Page 6143]]

    furnishing and allotment of such assistance, subject of course to 
    the general authorization levels set in section 504. The Chair is 
    of the opinion that the proviso to which the point of order is 
    directed places a limitation upon that Executive discretion as 
    contained in the basic act and is therefore legislation on an 
    appropriation bill that is not in order under the rule.
        The Chair therefore sustains the point of order.

Requiring Detailed Annual Report

Sec. 55.4 Language in a general appropriation bill requiring the 
    President to report to Congress at least semiannually on certain 
    expenditures of funds under the bill, and detailing the type of 
    justification the President must make in that report, was held to 
    impose new affirmative duties on the President and was ruled out on 
    a point of order.

    On June 4, 1970,(1) during consideration in the 
Committee of the Whole of the foreign assistance appropriation bill 
(H.R. 17867), a point of order was raised against the following 
provisions:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 18405, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Sec. 108. Any expenditure made from funds provided in this 
        title for procurement outside the United States of any 
        commodity in bulk and in excess of $100,000 shall be reported 
        to the Senate and House of Representatives at least twice 
        annually: Provided, That each such report shall state the 
        reasons for which the President determined, pursuant to 
        criteria set forth in section 604(a) of the Foreign Assistance 
        Act of 1961, as amended, that foreign procurement will not 
        result in adverse effects upon the economy of the United States 
        or the industrial mobilization base which outweigh the economic 
        or other advantages to the United States of less costly 
        procurement outside the United States.

        Mr. [E. Ross] Adair [of Indiana]: Mr. Chairman, I make a point 
    of order against section 108.
        The Chairman: (2) The gentleman will state it.
---------------------------------------------------------------------------
 2. Hale Boggs (La.).
---------------------------------------------------------------------------

        Mr. Adair: This is legislation in an appropriation bill. It 
    requires a report to the Congress of all procurements of more than 
    $100,000 made outside of the United States and prescribes the type 
    of justification that the President must give. Thus, in my opinion, 
    it is clearly legislation.
        Furthermore, Mr. Chairman, to answer a point that has been made 
    earlier by the gentleman from Ohio, this same general subject 
    matter is in existing law in section 604 of the Foreign Assistance 
    Act, where again, in my opinion, it is set forth more fully and 
    effectively.
        The Chairman: Does the gentleman from Louisiana desire to be 
    heard on the point of order?
        Mr. [Otto E.] Passman [of Louisiana]: Mr. Chairman, we ask for 
    a ruling.

[[Page 6144]]

        The Chairman: The Chair is prepared to rule. The language in 
    question, the significant part of it, section 108:

            Any expenditure made from funds provided in this title for 
        procurement outside the United States of any commodity in bulk 
        and in excess of $100,000 shall be reported to the Senate and 
        the House of Representatives at least twice annually:

        That, obviously, is an imposition of new duties upon the 
    Executive and it clearly falls within the prohibition of section 
    XXI, clause 2.
        Therefore, the Chair sustains the point of order.

Imposing Duties as Condition Precedent to Funding

Sec. 55.5 To a general appropriation bill containing funds for foreign 
    assistance, an amendment restricting the availability of funds 
    therein for certain countries until the President reports to 
    Congress his determination that such country does not deny or 
    impose more than nominal restrictions on the right of its citizens 
    to emigrate was held to impose additional duties on the President 
    and was ruled out as legislation in violation of Rule XXI clause 2.

    On Dec. 11, 1973,(3) during consideration in the 
Committee of the Whole of the Foreign Assistance Appropriation Act 
(H.R. 11771), a point of order was raised against the following 
amendment:
---------------------------------------------------------------------------
 3. 119 Cong. Rec. 40871, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Richard H.] Ichord [of Missouri]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Ichord: Page 18, line 10, strike 
        out the period and insert in lieu thereof the following: ``; 
        except that no funds shall be obligated or expended under this 
        paragraph, directly or indirectly, for the use or benefit of 
        any nonmarket economy country (other than any such country 
        whose products are eligible for column 1 tariff treatment on 
        the date of the enactment of this Act) until the President 
        makes a report to the Congress on his determination that such 
        country does not (1) deny its citizens the right or opportunity 
        to emigrate; (2) impose more than a nominal tax on emigration 
        or on the visas or other documents required for emigration, for 
        any purpose or cause whatsoever; or (3) impose more than a 
        nominal tax, levy, fine, fee, or other charge on any citizen as 
        a consequence of the desire of such citizen to emigrate to the 
        country of his choice.''

        Mr. [Otto E.] Passman [of Louisiana]: Mr. Chairman, I make a 
    point of order against the amendment in that it requires a 
    Presidential determination and is legislation on an appropriation 
    bill.
        The Chairman: (4) Does the gentleman from Missouri 
    wish to be heard on the point of order?
---------------------------------------------------------------------------
 4. Charles M. Price (Ill.).
---------------------------------------------------------------------------

        Mr. Ichord: I do, Mr. Chairman.
        Mr. Chairman, I would hope that the gentleman from Louisiana 
    would with

[[Page 6145]]

    draw his point of order, because the amendment which I offer is 
    exactly the Vanik amendment which has been adopted by the House by 
    a vote of 4 to 1.
        Mr. Chairman, I submit that the amendment is in order, and I 
    refer the Chair to Hinds' Precedents, section 3942. An amendment 
    which was submitted to an appropriation bill, to an agricultural 
    appropriation bill, provided that no part of the appropriation 
    shall be available for the agricultural college of Utah until the 
    Secretary of Agriculture shall be satisfied and shall so certify to 
    the Secretary of the Treasury that no trustee, officer, instructor, 
    and so forth, is engaged in the practice of polygamy.
        That required a certification by the Secretary of Agriculture, 
    Mr. Chairman. This requires a certification by the President that 
    certain nations do not deny the rights of immigration to their 
    citizens. It is a certification and report on the basis of that 
    precedent, and I submit, Mr. Chairman, that the amendment is in 
    order. If not, I have another amendment at the desk which will be 
    in order, on trade to Russia. . . .
        The Chairman: The Chair is ready to rule. The amendment 
    requires the President to make a report to the Congress on his 
    determination that a certain country does not deny its citizens the 
    right or opportunity to emigrate, impose more than a nominal tax on 
    emigration, and certain other factors.
        This evidently places additional duties upon the President and 
    requires new determinations. A similar amendment was ruled out as 
    legislation when the foreign aid appropriation bill was considered 
    in 1972. The Chair holds that the amendment is legislation on an 
    appropriation bill and sustains the point of order.

    Parliamentarian's Note: This ruling is another indication, similar 
to the ruling in Sec. 52.2, supra, that the precedent cited in 4 Hinds' 
Precedents Sec. 3942 has been overruled.

Imposing Presidential Determination of Military Procurement Policies

Sec. 55.6 A provision in a foreign aid appropriation bill requiring the 
    President to consider a recipient country's military procurement 
    policies before furnishing assistance under that act or under the 
    Agricultural Trade Development and Assistance Act was held to 
    require additional duties on the part of the President and was 
    ruled out on a point of order.

    On June 4, 1970,(5) during consideration in the 
Committee of the Whole of the foreign assistance appropriation bill 
(H.R. 17867), a point of order was raised against the following 
provision:
---------------------------------------------------------------------------
 5. 116 Cong. Rec. 18408, 18409, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Sec. 120. (a) In order to restrain arms races and 
        proliferation of so

[[Page 6146]]

        phisticated weapons, and to insure that resources intended for 
        economic development are not diverted to military purposes, the 
        President shall take into account before furnishing development 
        loans, Alliance loans, or supporting assistance to any country 
        under this Act, and before making sales under the Agricultural 
        Trade Development and Assistance Act of 1954, as amended:
            (1) the percentage of the recipient or purchasing country's 
        budget which is devoted to military purposes;
            (2) the degree to which the recipient or purchasing country 
        is using its foreign exchange resources to acquire military 
        equipment; and
            (3) the amount spent by the recipient or purchasing country 
        for the purchase of sophisticated weapons systems, such as 
        missile systems and jet aircraft for military purposes, from 
        any country.

        Mr. [Clement J.] Zablocki [of Wisconsin]: Mr. Chairman, I make 
    a point of order against section 120. It clearly constitutes 
    detailed legislative provisions in an appropriation. Furthermore, 
    in essence and detail, its language is already in existing law--
    section 620(s) of the Foreign Assistance Act. . . .
        The Chairman: (6) . . . Does the gentleman from 
    Louisiana care to be heard on the point of order?
---------------------------------------------------------------------------
 6. Hale Boggs (La.).
---------------------------------------------------------------------------

        Mr. [Otto E.] Passman [of Louisiana]: Mr. Chairman, I ask for a 
    ruling.
        The Chairman: The Chair is prepared to rule.
        Again a careful reading will show that the President is 
    directed to take into account various considerations, all of which 
    constitute legislation on an appropriation bill.
        Therefore, the Chair sustains the point of order.

Presidential Determination of Soviet Troop Reductions

Sec. 55.7 To an amendment to the Department of Defense appropriation 
    bill, prohibiting the use of funds in that act in excess of a 
    specified amount for support of U.S. Armed Forces in Europe, an 
    amendment providing that the limitation shall cease to apply if the 
    President determines that the Soviet Union has not made comparable 
    withdrawals of forces from the Mideast following the reduction of 
    U.S. troop strength in Europe was held to impose additional 
    affirmative duties upon the President and was ruled out in 
    violation of Rule XXI clause 2.

    On Oct. 8, 1970,(7) during consideration in the 
Committee of the Whole of the Defense Department appropriation bill 
(H.R. 19590), a point of order was raised against the following 
amendment:
---------------------------------------------------------------------------
 7. 116 Cong. Rec. 35822, 35826, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Edward G.] Biester [Jr., of Pennsylvania]: Mr. Chairman, I 
    offer an amendment.

[[Page 6147]]

        The Clerk read as follows:

            Amendment offered by Mr. Biester: on page 45, line 5, 
        insert the following new section and renumber succeeding 
        sections:
            ``Sec. 844. After June 1, 1971, no part of the funds 
        appropriated in this Act shall be expended for the support of 
        United States Armed Forces assigned to the United States 
        European Command in excess of 270,000 members.''. . .

        Mr. [Jonathan B.] Bingham [of New York]: Mr. Chairman, I offer 
    an amendment to the amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Bingham to the amendment offered 
        by Mr. Biester: Delete the period at the end of the sentence 
        and insert: ``except that this limitation shall not apply if 
        the President shall determine, after the United States Armed 
        Forces assigned to the United States European Command have been 
        reduced to the level of 290,000, that the Soviet Union has made 
        no comparable withdrawal of forces from the countries of 
        Eastern Europe to the territory of the Soviet Union itself.''

        Mr. [George H.] Mahon [of Texas]: Mr. Chairman, I make a point 
    of order against the amendment on the ground that it requires a 
    determination on the part of the President.
        The Chairman Pro Tempore: (8) The Chair has read the 
    amendment and is of the opinion that it does require determinations 
    and additional duties on the part of the President and, therefore, 
    the Chair sustains the point of order.
---------------------------------------------------------------------------
 8. Charles M. Price (Ill.).
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Presidential Certification Following Investigation of British Aid to 
    Arab League

Sec. 55.8 To the foreign aid appropriation bill, an amendment providing 
    that no part of the funds shall be paid to Great Britain until the 
    President, after investigation, certifies that Great Britain is not 
    selling war material to the Arab League was held to be legislation 
    on an appropriation bill and therefore not in order.

    On June 4, 1948,(9) during consideration in the 
Committee of the Whole of the foreign aid appropriation bill (H.R. 
6801), a point of order was raised against the following amendment:
---------------------------------------------------------------------------
 9. 94 Cong. Rec. 7207, 7208, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Walter A.] Lynch [of New York]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Lynch: Strike out the period on 
        line 16, page 3, after the figures 1948 and insert a colon and 
        add the following words: ``And provided further, That no part 
        of the funds appropriated herein shall be paid over or 
        transferred or placed to the credit of, or otherwise made 
        available, directly or indirectly to Great Britain until the 
        President of the United States, after investigation, certifies 
        that he is of the opinion that Great Britain is not selling,

[[Page 6148]]

        leasing, lending, or making otherwise available war material to 
        any member of the Arab League, and that he further certifies 
        that Great Britain has given to the United States Government 
        satisfactory assurance that it will not thereafter sell, lease, 
        lend, or make otherwise available war material to any member of 
        the Arab League, which will or may be used to render 
        inoperative the recommendation of the United Nations General 
        Assembly for the partition of Palestine made on November 29, 
        1947.''

        Mr. [John] Taber [of New York]: Mr. Chairman, a point of order.
        The Chairman: (10) The gentleman will state it.
---------------------------------------------------------------------------
10. W. Sterling Cole (N.Y.).
---------------------------------------------------------------------------

        Mr. Taber: Mr. Chairman, this is legislation on an 
    appropriation bill and requires additional duties of officials of 
    the United States. . . .
        The Chairman: The amendment offered by the gentleman from New 
    York contains a limitation upon an appropriation bill and also 
    embodies legislation; therefore the Chair sustains the point of 
    order.

Requiring Presidential Proclamation of Foreign Aggression

Sec. 55.9 To a bill making appropriations for foreign aid, an amendment 
    providing that all sums granted or used under the Act shall be 
    reduced by any and all sums granted where such country is engaged 
    in acts of aggression as determined by proclamation of the 
    President or by the United Nations, was held to be legislation on 
    an appropriation bill and therefore not in order.

    On June 4, 1948,(11) during consideration in the 
Committee of the Whole of the foreign aid appropriation bill (H.R. 
6801), a point of order was raised against the following amendment:
---------------------------------------------------------------------------
11. 94 Cong. Rec. 7209, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Abraham J.] Multer [of New York]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Multer: On page 3, line 16, after 
        ``1948'' insert ``And provided further, That all sums granted, 
        lent or used to or for any country under this act shall be 
        reduced by any and all sums granted, lent or used directly or 
        indirectly by or for such country to or for the account or 
        benefit of any country, State, or people engaged directly or 
        indirectly in acts of aggression as determined by proclamation 
        of the President of the United States of America or by the 
        United Nations.''

        Mr. [John] Taber [of New York]: Mr. Chairman, I make the point 
    of order that this is legislation on an appropriation bill, and 
    requires additional duties of officers of the United States. . . .
        The Chairman: (12) The Chair is ready to rule.
---------------------------------------------------------------------------
12. W. Sterling Cole (N.Y.).
---------------------------------------------------------------------------

        In the opinion of the Chair, the amendment offered by the 
    gentleman from New York contains legislation

[[Page 6149]]

    and, therefore, is subject to a point of order. The Chair sustains 
    the point of order.

No Funds for Nations Proclaimed to be Aggressors as Determined by 
    President

Sec. 55.10 To a bill making appropriations for foreign aid, an 
    amendment providing that no part be paid to any country which the 
    President proclaims to be an aggressor or a participant in an 
    aggression was conceded to be subject to a point of order as 
    legislation.

    On June 4, 1948,(13) the Committee of the Whole was 
considering H.R. 6801, a bill making appropriations for foreign aid. 
The Clerk read as follows:
---------------------------------------------------------------------------
13. 94 Cong. Rec. 7189, 7190, 80th Cong. 2d Sess.
---------------------------------------------------------------------------

        Be it enacted, That the following sums are appropriated, out of 
    any money in the Treasury not otherwise appropriated, for foreign 
    aid for the period beginning April 3, 1948, and ending June 30, 
    1949, and for other purposes, namely: . . .
        Mr. [Emanuel] Celler [of New York]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Celler: Page 1, line 6, after the 
        word ``purposes'', strike out the comma and the word ``namely'' 
        and insert ``on condition, however, that no moneys authorized 
        for appropriation hereunder shall be paid or credited to any 
        country which participates in or aids in acts of aggression, 
        such acts of aggression to be determined by proclamation by the 
        President of the United States, namely.''

        Mr. [John] Taber [of New York]: Mr. Chairman, I make a point of 
    order against the amendment that it is legislation on an 
    appropriation bill and that it is not in order at this point in the 
    bill and not germane.
        The Chairman: (14) Does the gentleman from New York 
    desire to be heard on the point of order?
---------------------------------------------------------------------------
14. W. Sterling Cole (N.Y.).
---------------------------------------------------------------------------

        Mr. Celler: I agree to the point of order, Mr. Chairman.
        The Chairman: The point of order is sustained.

New Discretionary Authority Bestowed on President

Sec. 55.11 To a supplemental appropriation bill for defense aid to 
    foreign governments, an amendment prohibiting expenditure of such 
    appropriation unless such government transfer collateral security 
    deemed by the President to be satisfactory, was held to be 
    legislation.

    On Mar. 19, 1941,(15) the following proceedings took 
place:
---------------------------------------------------------------------------
15. 87 Cong. Rec. 2376, 77th Cong. 1st Sess.
---------------------------------------------------------------------------

        Amendment offered by Mr. [John M.] Vorys of Ohio: On page 4, 
    between

[[Page 6150]]

    lines 15 and 16, insert a new section, as follows:
        ``Sec. 4. No part of any appropriation made by this act shall 
    be used to procure defense articles for any foreign government 
    which has not made arrangements, prior to receiving such articles, 
    in order to protect the economic and financial interest of the 
    United States, to reimburse the United States for the cost of such 
    defense articles, or to guarantee such reimbursement by 
    transferring, or causing to be transferred, to the United States 
    property deemed by the President to be satisfactory collateral 
    security for such reimbursement, insofar as the President shall 
    find that such government has property available for such 
    purpose.''
        Mr. [Clifton A.] Woodrum of Virginia: Mr. Chairman, I make the 
    point of order against the amendment that it is not a limitation. 
    It is phrased, generally speaking, as a limitation, but on careful 
    analysis the Chair will see it is not a limitation in that it is 
    not a complete negative, and to be a limitation it must be a 
    complete negative. . . .
        The Chairman: (16) The gentleman from Ohio has 
    offered an amendment as a new section to the bill. The amendment is 
    in the form of a limitation, but in the opinion of the Chair, in 
    essence, it clearly is legislative in its character. It is not 
    sufficient for an amendment to be in the form of a limitation. In 
    view of the fact that the amendment as offered by the gentleman 
    from Ohio very clearly imposes an additional duty on the President 
    of the United States, the Chair is of the opinion that the 
    amendment is a limitation only in form and that it is legislation 
    upon an appropriation bill and therefore sustains the point of 
    order.
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16. Fritz G. Lanham (Tex.).
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Earmarking Funds for Use as President May Direct

Sec. 55.12 Language in an appropriation bill earmarking some of the 
    appropriations for the Veterans' Administration for use as the 
    President may direct for a special study of the compensation and 
    pensions program was conceded to be legislation and held not in 
    order.

    On Mar. 30, 1955,(17) during consideration in the 
Committee of the Whole of the independent offices appropriation bill 
(H.R. 5240), a point of order was raised against the following 
provision:
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17. 101 Cong. Rec. 4070, 84th Cong. 1st Sess.
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        The Clerk read as follows:

            General operating expenses: For necessary operating 
        expenses of the Veterans' Administration, not otherwise 
        provided for, including expenses incidental to securing 
        employment for war veterans . . . $155 million, of which (a) 
        $15,150,000 shall be available for such expenses as are 
        necessary for the loan guaranty program, and (b) $300,000 shall 
        be available as the President may direct for a special study of 
        the compensation and pensions program: Provided, That no part 
        of this appropriation shall be used to pay in excess of 20 
        persons engaged in public relations work. . . .

[[Page 6151]]

        Mr. [Wright] Patman [of Texas]: Mr. Chairman, I make a point of 
    order against the language starting at the end of line 10, page 28, 
    reading ``$300,000 shall be available as the President may direct 
    for a special study of the compensation and pensions program.''
        Mr. [Albert] Thomas [of Texas]: Mr. Chairman, I concede the 
    point.
        The Chairman: (18) The Chair is ready to rule. This 
    is obviously legislation on an appropriation bill, and the point of 
    order is sustained.
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18. Albert Rains (Ala.).
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