[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§ 56. Determination of National Interest]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 6151-6160]
 
                               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. 56. Determination of National Interest

Military Assistance; Presidential Determination and Report

Sec. 56.1 In a paragraph of a foreign aid appropriation bill providing 
    funds for military assistance, language prohibiting use of those 
    funds for the furnishing of sophisticated weapons systems to 
    certain countries ``unless the President determines that the 
    furnishing of such weapons systems is important to the national 
    security of the United States and reports within thirty days each 
    such determination to the Congress'' was ruled out as legislation 
    on an appropriation bill in violation of Rule XXI clause 2.

    On June 4, 1970,(19) 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:
---------------------------------------------------------------------------
19. 116 Cong. Rec. 18400, 18401, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

                            Military Assistance

        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 none 
    of the funds appropriated in that paragraph shall be used to 
    furnish sophisticated weapons systems, such as missile systems and 
    jet aircraft for military purposes, to any underdeveloped country 
    other than Greece, Turkey, the Republic of China, the Philippines, 
    and Korea, unless the President determines that the furnishing of 
    such weapons systems is important to the national security of the 
    United States and reports within thirty days each such 
    determination to the Congress: Provided further, That the military 
    assistance program for any country shall not be increased beyond 
    twenty per centum of the amount justi

[[Page 6152]]

    fied 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 language of the proviso contained in 
    lines 1 through 9 on page 6. This is patently legislation in an 
    appropriation bill. It is not a limitation of funds. It does direct 
    the Executive that funds cannot be appropriated for or furnished to 
    support sophisticated weapons, with certain exceptions listed.
        Mr. Chairman, similar provisions and restrictions are contained 
    in sections 504 and 520(s) of the Foreign Assistance Act, and also 
    section 35 of the Military Sales Act.
        Therefore, Mr. Chairman, I say this is legislation on an 
    appropriation bill and is unnecessary because of similar provisions 
    in the Authorization Act.
        The Chairman: (20) Does the gentleman from Louisiana 
    desire to be heard on the point of order?
---------------------------------------------------------------------------
20. Hale Boggs (La.).
---------------------------------------------------------------------------

        Mr. [Otto E.] Passman [of Louisiana]: Mr. Chairman, I desire to 
    be heard.
        The committee felt this to be a limitation, because the words 
    ``none of the funds appropriated . . . shall be used'' appear in 
    this paragraph.
        This provision was added by the committee to the foreign 
    assistance appropriation bill for fiscal year 1968 in order to stop 
    underdeveloped countries from buying sophisticated weapons systems 
    with U.S. grant-aid funds. The provision was subsequently modified 
    to encourage countries away from arms races. We believe it is a 
    limitation and we ask for a ruling.
        Mr. [Silvio O.] Conte [of Massachusetts]: Mr. Chairman, I 
    desire to be heard on the point of order.
        This is an amendment that I had offered and it has been in the 
    bill for 4 years now. I believe it comes within the Holman rule. It 
    is a retrenchment of Federal expenditures. It is negative in 
    nature. It is germane, and I do not see where it imposes any 
    addition or affirmative duties on anyone. I think the point of 
    order should be ruled against.
        The Chairman: The Chair is prepared to rule.
        On September 20, 1966, a point of order was sustained against 
    language which was contained in a foreign aid appropriation bill 
    prohibiting aid to any nation that sells or permits ships on its 
    registry to transport cargo to North Vietnam and containing the 
    phrase ``unless the President determines.'' The important language 
    there is ``unless the President determines.'' The language here 
    appears to be identical, and the Chair sustains the point of order.

Economic Assistance; Presidential Determination and Report

Sec. 56.2 Language in a general appropriation bill directing

[[Page 6153]]

    the President to withhold economic assistance to certain countries 
    in an amount equivalent to that spent by those countries for 
    sophisticated military equipment, unless the President determines 
    and reports to Congress that such expenditures are important to the 
    security of the United States, was ruled out as legislation in 
    violation of Rule XXI clause 2.

    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 
provision:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 18408, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Sec. 119. The President is directed to withhold economic 
        assistance in an amount equivalent to the amount spent by any 
        underdeveloped country for the purchase of sophisticated 
        weapons systems, such as missile systems and jet aircraft for 
        military purposes from any country other than Greece, Turkey, 
        the Republic of China, the Philippines, and Korea, unless the 
        President determines that such purchase or acquisition of 
        weapons systems is important to the national security of the 
        United States and reports within thirty days each such 
        determination to the Congress.

        Mr. [Clement J.] Zablocki [of Wisconsin]: Mr. Chairman, I make 
    a point of order against the language on page 14, lines 13 to 22, 
    section 119, that this is clearly legislation on an appropriation 
    bill.
        It is a good provision, again, but it has no legitimate place 
    in an appropriation bill, especially when even stronger 
    restrictions are already contained in section 520(s) of the 
    existing Foreign Assistance Act. . . .
        Mr. [Clarence D.] Long of Maryland: . . . This amendment is in 
    the nature of a limitation which would withhold an equivalent 
    amount of aid in cases where underdeveloped countries otherwise 
    recipients of U.S. aid undertake to make purchases of sophisticated 
    weapons systems with their own funds. This limitation applies 
    solely to the appropriation under consideration and does not 
    operate beyond the fiscal year in which the appropriation is made. 
    . . . Under the rules and precedents, limitations may be written 
    into appropriations bills. As Chairman Dingley, of Maine, wrote in 
    1896:

            The House in Committee of the Whole has the right to refuse 
        to appropriate for any object, either in whole or in part, even 
        though that object may be authorized by law. That principle of 
        limitation has been sustained so repeatedly that it may be 
        regarded as a part of the parliamentary law of the Committee of 
        the Whole.

        Asher C. Hinds, clerk to the Speaker from 1881 until 1891, and 
    editor of the ``Rules, Manual and Digest'' of the House of 
    Representatives in 1899, and of ``Hinds' Precedents'' in 1908:

            Thus the power of limitation is solely a negative power, 
        capable of setting up a barrier, and not a positive power, 
        capable of creative func

[[Page 6154]]

        tions. The appropriation may interfere with Executive 
        discretion only in a negative way. It may decline to 
        appropriate for ships to be built in a navy yard by saying that 
        no part of the appropriation shall be used for that purpose. 
        These negative prohibitions are within the power of the 
        appropriation bill.

        In the past, limitations have prohibited such measures as the 
    payment of troops stationed in certain geographical locations, the 
    appropriations for repair of vessels in private shipyards, and 
    appropriations for the return of a Reserve Force to active duty--
    Cannon's Precedents.
        The Chairman: (2) The Chair finds the precedent 
    cited is not germane. Section 119 as it is now drafted reads as 
    follows:
---------------------------------------------------------------------------
 2. Hale Boggs (La.).
---------------------------------------------------------------------------

            The President is directed to withhold economic assistance 
        in an amount equivalent to the amount spent by any 
        underdeveloped country--

        And again on line 19 it says--
        unless the President determines that such purchase or 
        acquisition of weapons systems is important to the national 
        security of the United States and reports within 30 days each 
        such determination to the Congress.

        It is obviously legislation in an appropriation bill, and the 
    Chair sustains the point of order.

Sec. 56.3 Language in a general appropriation bill prohibiting the 
    furnishing of economic assistance under the Foreign Assistance Act 
    of 1961 to Communist Nations, unless the President determines that 
    withholding such aid would jeopardize the national security, 
    reports that determination to Congress and publishes it in the 
    Federal Register, was held similar but not identical to the 
    prohibition contained in the authorizing legislation and was 
    therefore ruled out as imposing additional duties on the President.

    On June 4, 1970,(3) 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:
---------------------------------------------------------------------------
 3. 116 Cong. Rec. 18405, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            (b) No economic assistance shall be furnished to any 
        nation, whose government is based upon that theory of 
        government known as communism, under the Foreign Assistance Act 
        of 1961, as amended (except section 214(b)), unless the 
        President determines that the withholding of such assistance 
        would be contrary to the national interest and reports such 
        determination to the House of Representatives and the Senate. 
        Reports made pursuant to this subsection shall be published in 
        the Federal Register within seven days of submission to the 
        Congress and shall contain a statement by the President of the 
        reasons for such determination.

[[Page 6155]]

        Mr. [Donald M.] Fraser [of Minnesota]: Mr. Chairman, I rise to 
    make a point of order.
        The Chairman: (4) The gentleman will state his point 
    of order.
---------------------------------------------------------------------------
 4. Hale Boggs (La.).
---------------------------------------------------------------------------

        Mr. Fraser: Mr. Chairman, I make a point of order against 
    section 109, paragraph (b). The provision forbids any economic 
    assistance to Communist countries. As with reference to the 
    previous paragraph, this one is duplicative of section 620(f). In 
    fact, it is far less precise than the provision contained in the 
    authorizing legislation. Therefore, I make the point of order that 
    the language in section 109, paragraph (b) constitutes legislation 
    in an appropriation measure.
        The Chairman: Does the gentleman from Louisiana wish to be 
    heard on the point of order?
        Mr. [Otto E.] Passman [of Louisiana]: Mr. Chairman, I ask for a 
    ruling.
        The Chairman: The Chair is prepared to rule.
        The language is similar but is not identical to the Foreign 
    Assistance Act of 1961. It imposes new duties upon the President of 
    the United States and as such clearly falls within the prohibition 
    of rule XXI, clause 2.
        The Chair sustains the point of order.

    Parliamentarian's Note: The provisions of the authorizing 
legislation stated:

        (f) No assistance shall be furnished under this chapter, as 
    amended, (except section 2174(b) of this title) to any Communist 
    country. This restriction may not be waived pursuant to any 
    authority contained in this chapter unless the President finds and 
    promptly reports to Congress that: (1) such assistance is vital to 
    the security of the United States; (2) the recipient country is not 
    controlled by the international Communist conspiracy; and (3) such 
    assistance will further promote the independence of the recipient 
    country from international communism. For the purposes of this 
    subsection, the phrase ``Communist country'' shall include 
    specifically, but not be limited to, the following countries: 
    Peoples Republic of Albania, Peoples Republic of Bulgaria, Peoples 
    Republic of China (and other named countries).
See Public Law No. 87-195 as amended by Public Law No. 87-565, 
Sec. 301(d)(3).

No Aid to United Arab Republic Unless President Determines

Sec. 56.4 A provision in a foreign aid appropriation bill prohibiting 
    assistance under that bill for the United Arab Republic ``unless 
    the President determines that such availability is essential to the 
    national interest of the United States'' was held to be legislation 
    and was ruled out on a point of order.

    On June 4, 1970,(5) during consideration in the 
Committee of the

[[Page 6156]]

Whole of the foreign assistance appropriation bill (H.R. 17867), a 
point of order was raised against the following provision:
---------------------------------------------------------------------------
 5. 116 Cong. Rec. 18406, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk read as follows:

            Sec. 117. None of the funds appropriated or made available 
        in this Act for carrying out the Foreign Assistance Act of 
        1961, as amended, shall be available for assistance to the 
        United Arab Republic, unless the President determines that such 
        availability is essential to the national interest of the 
        United States. . . .

        Mr. [Clement J.] Zablocki [of Wisconsin]: Mr. Chairman, I rise 
    to a point of order.
        The Chairman: (6) The gentleman will state the point 
    of order.
---------------------------------------------------------------------------
 6. Hale Boggs (La.).
---------------------------------------------------------------------------

        Mr. Zablocki: Mr. Chairman, I make the point of order against 
    section 117 on the ground that it constitutes legislation in an 
    appropriation bill.
        It is almost identical with the prohibitions contained in 
    section 620(p) of the existing Foreign Assistance Act.
        The Chairman: The Chair is prepared to rule.
        The language on page 13, line 19, ``unless the President 
    determines,'' is clearly legislation on an appropriation bill and 
    clearly violates clause 2 of rule XXI.
        The Chair sustains the point of order.

Nations Assisting Cuba; No Aid Unless President Determines

Sec. 56.5 Language in a general appropriation bill which specifies that 
    no part of funds therein shall be available to nations providing 
    assistance to the Castro regime in Cuba ``unless the President 
    determines that the withholding . . . would be contrary to the 
    national interest'' was held to impose additional burdens on the 
    Chief Executive and was ruled out as legislation.

    On Sept. 20, 1962,(7) during consideration in the 
Committee of the Whole of the foreign aid appropriation bill (H.R. 
13175), the following point of order was raised:
---------------------------------------------------------------------------
 7. 108 Cong. Rec. 20181, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make a point of 
    order against the language on page 6, line 17, as follows: ``unless 
    the President determines that the withholding of such assistance to 
    such country would be contrary to the national interest.''
        The Chairman: (8) The gentleman will state the point 
    of order.
---------------------------------------------------------------------------
 8. Wilbur D. Mills (Ark.).
---------------------------------------------------------------------------

        Mr. Gross: Mr. Chairman, I make a point of order against the 
    language I have just read on the ground that it is legislation on 
    an appropriation bill.
        The Chairman: Does the gentleman from Louisiana desire to be 
    heard on the point of order?
        Mr. [Otto E.] Passman [of Louisiana]: Mr. Chairman, I ask for a 
    ruling on the point of order.
        The Chairman: The language referred to by the gentleman from 
    Iowa

[[Page 6157]]

    against which he makes his point of order does impose additional 
    burdens upon the President and is therefore legislation on an 
    appropriation bill.
        The point of order is sustained.

Nations Dealing With Cuba or North Vietnam; No Aid Unless President 
    Determines

Sec. 56.6 Language in a foreign aid appropriation bill prohibiting aid 
    (not merely limiting funds in the bill) to any nation which permits 
    ships under its registry to carry cargo to Cuba or North Vietnam 
    unless the President determines that withholding of assistance 
    would be contrary to the national interest and reports such 
    determination to Congress, was conceded to be legislation and ruled 
    out on a point of order.

    On Sept. 20, 1966,(9) during consideration in the 
Committee of the Whole of the foreign aid appropriation bill (H.R. 
17788), a point of order was raised against the following provision:
---------------------------------------------------------------------------
 9. 112 Cong. Rec. 23265, 23266, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Chairman: (10) The Clerk will read.
---------------------------------------------------------------------------
10. Charles M. Price (Ill.).
---------------------------------------------------------------------------

        The Clerk read as follows:

            (b) No economic assistance shall be furnished under the 
        Foreign Assistance Act of 1961, as amended, to any country 
        which sells, furnishes, or permits any ships under its registry 
        to carry items of economic assistance to Cuba, so long as it is 
        governed by the Castro regime, or to North Vietnam, unless the 
        President determines that the withholding of such assistance 
        would be contrary to the national interest and reports such 
        determination to the Foreign Relations and Appropriations 
        Committees of the Senate and the Foreign Affairs and 
        Appropriations Committees of the House of Representatives. 
        Reports made pursuant to this subsection shall be published in 
        the Federal Register within seven days of submission to the 
        committees and shall contain a statement by the President of 
        the reasons for such determination.

        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I make a point of 
    order against the language on page 8, beginning with line 8, and 
    running through line 22.
        The Chairman: The gentleman will state his point of order.
        Mr. Gross: Mr. Chairman, I make a point of order against the 
    language on page 8, beginning with line 8 and running through line 
    22, as being legislation on an appropriation bill.
        The Chairman: Does the gentleman from Louisiana [Mr. Passman] 
    desire to be heard on the point of order?
        Mr. [Otto E.] Passman: Mr. Chairman, we concede the point of 
    order.
        The Chairman: The gentleman from Louisiana concedes the point 
    of order.
        The Chair sustains the point of order.

[[Page 6158]]

Procurement From Foreign Firms; Waiver of Restriction by President

Sec. 56.7 To a bill making appropriations for the Department of 
    Defense, an amendment denying the use of funds appropriated or made 
    available by the bill for procurement from foreign firms which 
    receive government subsidies thereby constituting unfair 
    competition, but permitting the President to waive such restriction 
    in the national interest with prior notice to Congress was held to 
    be legislation (imposing additional duties) and was ruled out on a 
    point of order.

    On Sept. 12, 1968,(11) during consideration in the 
Committee of the Whole of the Defense Department appropriation bill 
(H.R. 18707), a point of order was raised against the following 
amendment:
---------------------------------------------------------------------------
11. 114 Cong. Rec. 26563, 26564, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Durward G.] Hall [of Missouri]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Hall: On page 44, after line 14, 
        add a new section 542, as follows:
            ``. . . None of the funds which are appropriated or made 
        available for expenditure by this Act for the procurement of 
        aircraft or major components thereof, shall be expended outside 
        the United States in any instance with a foreign firm which is 
        the recipient of direct foreign government products development 
        support, which would constitute unfair competition for any 
        United States firm which has a similar product, capability, or 
        proposal. This limitation is waived for continuing prior year's 
        procurement actions; and further, this limitation may be waived 
        on determination of necessity in the national interest by the 
        President on prior notification of the House and Senate.''
            And renumber the subsequent section accordingly. . . .

        Mr. [George H.] Mahon [of Texas]: Mr. Chairman, I rise to make 
    a point of order, regretfully, because I have the highest esteem 
    for the gentleman from Missouri.
        In the first place, the amendment states: ``shall be expended 
    outside the United States in any instance with a foreign firm which 
    is the recipient of direct foreign government product development 
    support.'' A determination as to whether or not a foreign firm is 
    the recipient of a direct foreign government subsidy will be 
    difficult. This would place a special burden on the executive.
        Then proceeding further it says: ``which would constitute 
    unfair competition for any U.S. firm which has a similar product, 
    capability, or proposal.'' Here determinations also would have to 
    be made with respect to these matters.
        Now proceeding with the next sentence it says: ``This 
    limitation is waived for continuing and prior year's procurement 
    actions.'' This is clearly

[[Page 6159]]

    legislation on an appropriation bill, just as the previous portions 
    which I have read.
        Under all of the circumstances, I make the point of order that 
    this is legislation on an appropriation bill and requires extra 
    duties to be placed on those who administer it.
        Mr. Hall: Mr. Chairman, I wish to be heard on the point of 
    order.
        I submit that this point of order should not be sustained and 
    should be overruled, because this is a simple limitation on 
    expenditures under the general provisions of this bill which has 
    many additional general provisions limiting expenditures. I think 
    anyone in this Chamber knows that any Government procurement 
    officer and particularly those Government procurement officers who 
    work for the armed services know immediately--and, in fact, it is 
    an open record--when there is a foreign subsidy. That is exactly 
    what is meant by waiver clauses in the amendment which I reread 
    once and which I will not bore the Members with again.
        Insofar as direct subsidy appropriations by a foreign nation 
    are concerned, it is in no way legislation on an appropriation 
    bill, because it only involves techniques of ordinary procurement, 
    contract assignment, and negotiation within or without those who 
    respond to ``requests for proposals,'' in the ordinary manner of 
    contracting for arms. This is the very title of the bill.
        I submit that the point of order should be overruled, although 
    I will be glad to hear any further debate on the question of the 
    substance of the amendment. . . .
        The Chairman: (12) The Chair is ready to rule.
---------------------------------------------------------------------------
12. Daniel D. Rostenkowski (Ill.).
---------------------------------------------------------------------------

        The Chair agrees with the gentleman from Texas that the 
    amendment contains legislation which goes beyond the form of proper 
    limitation, and therefore sustains the point of order.

Sales to Communist Countries; Presidential Exception

Sec. 56.8 To a bill making appropriations for the Department of 
    Agriculture and including funds for the Commodity Credit 
    Corporation, an amendment prohibiting the use of funds for export 
    subsidies on commodities being sold to Communist countries except 
    when the President determines such transaction to be in the public 
    interest and reports his finding to the Congress, imposed extra 
    duties on the President and was ruled out as legislation.

    On May 20, 1964,(13) during consideration in the 
Committee of the Whole of the Agriculture Department appropriation bill 
(H.R. 11202), a point of order was raised against the following 
amendment:
---------------------------------------------------------------------------
13. 110 Cong. Rec. 11434, 11435, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Paul] Findley [of Illinois]: Mr. Chairman, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Findley: Page 31, line 8, after 
        the word

[[Page 6160]]

        ``hereof'' strike the period, insert a colon and the following: 
        ``Provided further, That no part of the funds herein 
        appropriated shall be available for any expense incident to 
        making export payments or export subsidies on any agricultural 
        commodities being sold or sold to the government of any 
        Communist country (as defined in section 620(f) of the Foreign 
        Assistance Act of 1961) or to any agency or national thereof, 
        except when the President determines that such guarantees would 
        be in the national interest and reports each such determination 
        to the House of Representatives and the Senate within 30 days 
        after such determination.''. . .

        Mr. [Jamie L.] Whitten [of Mississippi]: Mr. Chairman, I make a 
    point of order against the amendment offered by the gentleman from 
    Illinois on the ground that it is legislation on an appropriation 
    bill.
        I will say that I have not had a chance to review the 
    authorities, but it is my recollection during the years that I have 
    served in this capacity handling this bill on the floor of the 
    House, when any provision requires extra duties and imposes those 
    extra duties on the executive department, the President in this 
    instance, such a proposal goes beyond being a restriction on the 
    expenditure of money and amounts to legislation. For that reason, 
    Mr. Chairman, I believe the point of order should be sustained.
        The Chairman: (14) Does the gentleman from Illinois 
    desire to be heard on the point of order?
---------------------------------------------------------------------------
14. Eugene J. Keogh (N.Y.).
---------------------------------------------------------------------------

        Mr. Findley: Yes, Mr. Chairman, simply to say that in my 
    opinion, the amendment amounts to a limitation on the use of funds 
    and, therefore, comes within the rules.
        The Chairman: The Chair is ready to rule.
        The gentleman from Illinois [Mr. Findley] has offered an 
    amendment to the language appearing at page 31, line 8, to insert 
    the following language:

            Provided further, That no part of the funds herein 
        appropriated shall be available for any expense incident to 
        making export payments or export subsidies on any agricultural 
        commodities being sold or sold to the government of any 
        Communist country (as defined in section 620(f) of the Foreign 
        Assistance Act of 1961) or to any agency or national thereof, 
        except when the President determines that such guarantees would 
        be in the national interest and reports each such determination 
        to the House of Representatives and the Senate within 30 days 
        after such determination.

        In the opinion of the Chair, the language last read, beginning 
    with the words ``except when the President determines'' does impose 
    additional duties upon the President.