302 DOCUMENTARY HISTORY OF THE FLORIDA CANAL Mr. ComPjmD. I came to the Capitol this morning expecting to raise a point of order against the proposed amendment, as I did in the subcommittee. I did what I could in that direction in the full committee. It is perfectly clear in my mind now that there is something wrong about a plan which would permit, through the medium of a regular appropriation bill, a project to be carried forward which has not been authorized by the Congress. I am perfectly clear that the President had a perfect right under the $4,880,000,000 appropriation act to allocate to the Florida canal any sum of money that he saw fit, and he can do it now. Mr. CL.an. And that has not been disputed. Mr. COPwLAND. No; and that money can be spent at any time up to the 1st of July 1987. Mr. CLra. Let me ask the Senator from New York a question. As jurisdic- tion of Senate committees goes, the authorization of a canal of this sort is a matter solely within the jurisdiction of the Committee on Commerce of the Senate, is it not? Senator CorP. Aa. That is true. Mr. CLaax. That committee has appointed a subcommittee, composed, I be. lieve, of the Senator from Florida [Mr. Fletcher], the chairman of the com- mittee, the Senator from New York [Mr. Copeland], and the Senator from Michigan [Mr. Vandenberg], to pass on this matter. Mr. COPELAND. That is correct Mr. CLAsK. Yet, while those hearings are still in progress, while the sub- committee has not reported to the full committee, and while there has been no substantive legislation on the subject, it is now sought, by rider on the appropriation bill, to give general authority for continuation of the project. Mr. CoranuaD. I am in full agreement with my friend the Senator from Missouri. When I came here to discuss this matter, my attention was called to rule XVI; and I shall now read it to the Senate. I said in my introductory statement a little while ago that I know it never was the intent of the Congress of the United States to delegate to the Director of the Budget its power to decide what projects shall be undertaken. I know certainly that I am right in estimating the sentiment of the Congress. So far as the point of order is concerned, however, it hinges wholly upon the last two lines of rule XVI; Mr. Watkins, the Parliamentarian, convinced me, I think, upon that subject. I wish to be unconvinced, because I am thoroughly out of patience with the idea of delegating our power to any executive officer of the Government. I know little about law, but It seems to me that even.the Supreme Court might find fault with such a delegation of power. However, this 4s what the rule says: "All general appropriation bills shall be referred to the Committee on Appropriations, and no amendments shall be received to any general appropriation bill the effect of which will be to Increase an appropriation already contained in the bill, or to add a new item of appro- priation, unless it be made to carry out the provisions of some existing law, or treaty stipulation, or act, or resolution previously passed by the Senate during that session"-We all agree with that Mr. Ft trcm. Go on. Mr. CorsLAm. I am going on, if the Senator will be patient. I do not like to go on, but I will go on. I continue "or unless the same be moved by direction of a standing or select committee of the Senate, or proposed in pursuance of an estimate submitted in accordance with law." Mr. CLaiK. But, Mr. President, the Senator is not giving any consideration or authority to the last four words of the rule-"in accordance with law." Submitted in accordance with what? "Submitted in accordance with law." Does the rule say "proposed in pursuance of an estimate"? It does not. It says, "proposed in pursuance of an estimate submitted in accordance with law." Mr. President, what law gives the Director of the Budget authority to submit an estimate for projects not hitherto authorized by law? When the Director of the Budget submits such an estimate, he is not submitting an estimate sub- mitted in accordance with the law. The Director of the Budget is controlled by the law creating the Bureau of the Budget: and when he goes out of his authority to submit an estimate for a project not hitherto authorized by law, he is violating the law, and does not bring himself within the Senate rules. Mr. CoPLAND. Mr. President, let me say to the Senator that if the rule sald "or proposed In pursuance of an estimate submitted and in accordance with law". tho senator and I would be all right. It is the duty of the Director of the Budget to submit estimates,