[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c25_txt-1]
[Page 4969-4976]
CHAPTER 25
Appropriation Bills
[[Page 4969]]
---------------------------------------------------------------------------
Commentary and editing by David Bird, J.D., and John Darrouzet,
J.D.
---------------------------------------------------------------------------
A. Introductory Matters; Authorization of Appropriations
Sec. 1. Scope of Chapter
Sec. 2. Requirement That Appropriations Be Authorized
Sec. 3. Reappropriations
Sec. 4. Appropriations in Legislative Bills
Sec. 5. Contingent Fund Expenditures
B. Reporting and Consideration of Appropriation Bills
Sec. 6. Generally; Privileged Status
Sec. 7. Nonprivileged Appropriations--``Continuing'' Appropriations
Sec. 8. Consideration Made in Order by Special Rule or Unanimous
Consent
Sec. 9. Waiver of Points of Order--by Resolution
Sec. 10. General Appropriation Bills Considered by Unanimous Consent
Sec. 11. Consideration and Debate; Amendments
Sec. 12. Points of Order; Timeliness
Sec. 13. House-Senate Relations
DESCHLER'S PRECEDENTS
[[Page 4971]]
INDEX TO PRECEDENTS
Authorization of appropriations
appropriation measure, language of, as authorization,
Sec. Sec. 2.5, 2.6
``authorized by law,'' purposes, effect of language limiting
appropriations to, Sec. Sec. 2.17-2.20
court judgment as, Sec. 2.2
executive order as, Sec. Sec. 2.3, 2.4
general grant of authority as authorizing specific project,
Sec. 2.11
implied, for necessary or incidental expenses, Sec. 2.10
increasing appropriation within authorized limits, Sec. Sec. 2.13-
2.16
``miscellaneous expenses,'' appropriation for, as authorized,
Sec. 2.12
``not less than'' certain amount, language authorizing
appropriation of, held not to be appropriation, Sec. 4.34
prior appropriation measure, language in, as authorization,
Sec. Sec. 2.5, 2.6
reappropriations of unexpended balances, see Reappropriations of
unexpended balances
refusal to appropriate for authorized purpose, Sec. 2.1
Senate amendments, see Senate amendments
specific project authorized by general grant of authority,
Sec. 2.11
subsequent enactment of authorization, Sec. 2.21
total amount authorized, amendment increasing appropriation to,
Sec. 2.16
Certification of court judgment to Congress as prerequisite to
apropriation, Sec. 2.2
Conferees
appointed for separate chapters of appropriation bill,
Sec. Sec. 13.4, 13.5
chairman, selection of, agreement between Appropriation Committees
of
House and Senate as to, Sec. 13.6
Senate amendments providing for appropriations in legislative
bills, duty of conferees as to, Sec. Sec. 13.7-13.12
Conference report
concurrent resolution, amendment of items not in disagreement made
by, Sec. 13.19
waiver of points of order against, Sec. 13.17
Confirmation, Senate, of appointees as prerequisite to appropriation
for salaries, Sec. 2.9
Constitutional rights of House in initiation of revenue and
appropriation bills, Sec. 13.1
Contingent fund expenditures
layover requirement as applied to resolution, Sec. 5.1
privileged, resolution as, Sec. Sec. 5.1, 5.2
surplus funds, transfer of, Sec. 5.3
Continuing appropriations
privileged, not reported as, Sec. 7.2
use of, Sec. 7.1
Court judgment as authorization, Sec. 2.2
Debate, consideration and
close debate, motion to, Sec. 11.1
House as in Committee of the Whole, Sec. Sec. 11.5, 11.6
reading bills for amendment, see Reading bills for amendment
Senate amendments, Sec. 11.2
suspension of the rules, Sec. 11.7
terms of, Sec. Sec. 11.3, 11.4
Enrollment, changes or corrections in, Sec. Sec. 11.29, 13.19
Executive order as authorization, Sec. Sec. 2.3, 2.4
General appropriation bills, privileged status applicable only to,
Sec. Sec. 7.2-7.4, 7.6
[[Page 4972]]
General grant of authority as authorizing specific project, Sec. 2.11
Germaneness rule applicable to appropriation bills, Sec. 11.10
Implied authorization for necessary or incidental expenses, Sec. 2.10
Increasing appropriation within authorized limits, amendments,
Sec. Sec. 2.13-2.16
Judgment of court as authorization, Sec. 2.2
Legislative bills, appropriations in generally, prohibition against,
Sec. 4.1
advances from Treasury directed to be made ``when appropriated,''
Sec. 4.38
allocation of agency's receipts, Sec. Sec. 4.16-4.19
allocation of excess foreign currency, Sec. 4.22
allocation of funds to other agencies to assist in carrying out
purposes of act, Sec. 4.36
allocation of money repaid from loans, Sec. 4.21
allocation of proceeds of sale, Sec. 4.20
amendments to legislative bills, generally, Sec. 4.24
Area Redevelopment Fund, reconstituted appropriations authorized
for, Sec. Sec. 4.45, 4.46
conferees, duty of, as to appropriations contained in Senate
amendments, Sec. Sec. 13.7-13.12
Corps of Engineers, amendment permitting use of appropriations
``heretofore or hereinafter made'' by, Sec. 4.33
definition of ``appropriation'' as ``payment of funds from the
Treasury'', Sec. 4.40
definition of ``appropriation'' discussed, generally, Sec. 4.43
``directed,'' Secretary of Treasury authorized and, to purchase
notes and obligations, Sec. 4.43
diversion of funds to new purposes, Sec. Sec. 4.4-4.9, 4.12, 4.13
emergency fund, amendment providing for, Sec. 4.25
exports, future, provision for use of foreign currency proceeds
from, Sec. 4.44
farm loans, amendment authorizing, Sec. 4.37
fees or receipts of agency, allocation of, Sec. Sec. 4.16-4.19
foreign credits, additional use of, Sec. 4.23
foreign credits, amendment providing for use of, for new purpose,
Sec. 4.31
foreign currency, excess, use of, Sec. 4.22
foreign currency proceeds from future exports, provision for use
of, Sec. 4.44
guaranteeing agencies authorized to use funds ``heretofore''
approved, Sec. 4.27
Immigration and Naturalization Service, amendment providing for
expenditures from funds appropriated for, relating to detention of
illegal aliens, Sec. 4.29
interest paid to United States by India, amendment providing for
expenditure of, Sec. 4.28
loan repayments, use or allocation of, Sec. Sec. 4.21, 4.46
membership in international organization, language authorizing
President to accept, as not involving appropriation, Sec. 4.42
Mutual Security Agency, funds ``heretofore'' appropriated for,
amendment providing for use of, Sec. 4.30
``not less than'' certain amount, language authorizing
appropriation of, held to be authorization, Sec. 4.34
portion of bill subject to point of order, Sec. 4.2
public debt issues, loans authorized to be made from proceeds of,
Sec. 4.43
[[Page 4973]]
public debt transaction financing, Senate ruling on, Sec. 4.47
reappropriations as, Sec. Sec. 4.4-4.7, 4.10, 4.11, 4.35
receipts, allocation of, Sec. Sec. 4.16-4.19
sale, allocation of proceeds of, Sec. 4.20
same or related purposes, unobligated funds previously appropriated
for, Sec. Sec. 4.10-4.13
school construction, amendment providing for payment of allotments
to states for, from tax receipts, Sec. 4.32
Senate ruling on public debt transaction financing, Sec. 4.47
special accounts for special purposes, language directing deposit
of tax proceeds in, Sec. 4.39
tax receipts, amendment providing for payment of allotments to
states from, for school construction, Sec. 4.32
transfer of fund to new purposes, Sec. Sec. 4.4-4.9, 4.12, 4.13
Treasurer directed or authorized to use funds or make payments,
Sec. Sec. 4.14, 4.15
Treasury account, provision for payment into, of unused
appropriations, Sec. 4.41
Treasury, payment of funds from, ``appropriation'' defined as,
Sec. 4.40
unemployment benefits, amendment directing payments to states on
account of, Sec. 4.26
unexpended appropriations, provision requiring payment into
Treasury account of, Sec. 4.41
unobligated funds previously appropriated for same or related
purposes, Sec. Sec. 4.10-4.13
waiver of points of order, Sec. 4.3
``Miscellaneous expenses,'' appropriation for, as authorized, Sec. 2.12
Necessary or incidental expenses as impliedly authorized, Sec. 2.10
Points of order
legislative bill, points of order against appropriation language
included in conference report, Sec. 13.12
precedence of, over amendments, Sec. 12.3
pro forma amendment, precedence of point of order over, Sec. 12.3
recognition, priority in, Sec. 12.4
reservation of, prior to referral of bills to Committee of the
Whole, Sec. Sec. 12.1, 12.2
Senate bills, appropriations contained in, Sec. 13.16
timeliness, see Timeliness of points of order
two consecutive paragraphs, points of order against, made by
unanimous consent, Sec. 12.5
waiver of, against conference report, Sec. 13.17
Prior appropriation measure, language in, as authorization,
Sec. Sec. 2.5, 2.6
Privileged status of appropriation bills
adjourn, motion to, automatic rollcall on motion to go into
committee of the Whole after rejection of, Sec. 6.2
agreement giving appropriation bill privilege over other privileged
matter, Sec. 6.1
consideration, question of, determined by House, Sec. 6.2
continuing appropriations not privileged, Sec. 7.2
general appropriation bills, privilege applicable only to,
Sec. Sec. 7.2-7.4, 7.6
reduction in appropriations, bill providing for, Sec. 7.6
relative privilege, Sec. 6.1
supplemental appropriations not privileged, Sec. 7.4
Projects or purposes authorized by law, effect of language
expressly limiting appropriations to, Sec. Sec. 2.17-2.20
[[Page 4974]]
Reading bills for amendment
increasing funds in bill, when permitted, Sec. Sec. 11.16-11.18
paragraph, general appropriation bills considered by,
Sec. Sec. 11.8, 11.9
paragraph not yet read, effect of amendment relating to, Sec. 11.12
paragraph, previous line in amendment affecting, Sec. 11.14
passed, when paragraph considered as, Sec. 11.11
points of order, timeliness of, see Timeliness of points of order
separate votes in House on amendments, Sec. 11.21
stricken, language previously, amendment containing, Sec. 11.15
substitute, amendment in nature of, Sec. Sec. 11.19, 11.20
unanimous consent, amendment offered by, to paragraph passed in
reading, Sec. 11.13
Reappropriations of unexpended balances
generally, as prohibited, Sec. Sec. 3.1-3.5
authorization by statute as superseded by later rule, Sec. 3.6
authorization by statute as superseding rules, Sec. Sec. 3.7, 3.8
authorization, lack of, for project as barring reappropriation
prior to rule prohibiting reappropriations, Sec. 3.14
Holman Rule not applicable, Sec. 3.10
legislative bills, prohibition under rule against appropriations
in, Sec. Sec. 4.4-4.7, 4.10, 4.11
Legislative Reorganization Act of 1946, enactment of prohibition
in, rulings prior to, Sec. Sec. 3.12-3.15, 4.35
limitation, amendment prohibiting expenditures ``so long as'' prior
appropriations unexpended held to be permissible as, Sec. 3.11
transfer of funds, Sec. 3.9
works in progress, for, Sec. 3.15
Recognition, priority in, to make points of order, Sec. 12.4
Recommittal of bill with instructions
amendments previously adopted by House, changes not permitted in,
Sec. 11.26
Committee of the Whole, motion recommending recommittal made in,
Sec. 11.22
deficiency appropriation bill, Sec. 11.24
inconsistent motions in Committee of the Whole, Sec. 11.22
procedure upon reporting bill back with amendment, Sec. 11.23
prohibition on use of appropriations, Sec. Sec. 11.27, 11.28
reduction of total appropriation, instructions as to,
Sec. Sec. 11.25, 11.26
scope of instructions, Sec. 11.26
Reduction of total appropriation, recommittal of bill with instructions
effecting, Sec. Sec. 11.25, 11.26
Refusal to appropriate for authorized purpose, Sec. 2.1
Repeal of prior authorization, Sec. 2.22
Reported, authorization enacted after bill has been, Sec. 2.21
Salaries, appropriations for, as dependent on Senate confirmation of
appointees, Sec. 2.9
Scope of general authorization, specific project as within, Sec. 2.11
Senate amendments
appropriations in legislative bills, duty of conferees as to,
Sec. Sec. 13.7-13.12
recede, motion to, agreed to in Senate, Sec. 13.2
reference of bill with Senate amendments to Committee on
Appropriations, Sec. 13.3
[[Page 4975]]
scope of House amendments to, Sec. Sec. 13.13-13.15
unauthorized expenditures, Senate amendment containing, perfection
by House of, Sec. Sec. 13.13, 13.14
Senate bill
point of order in House against appropriations in, Sec. 13.16
point of order, language in Senate bill stricken pursuant to, in
Committee of the Whole, Sec. 12.18
Special rule making consideration of bill in order
closed rule, modified, form of, Sec. 8.1
continuing appropriations considered in House as in Committee of
the Whole, Sec. 8.4
debate on, Sec. 8.6
deficiency appropriation bill, Sec. 8.3
previous question on special rule, rejection of, Sec. 8.6
rejection of special rule providing for consideration of continuing
appropriation, Sec. 8.5
temporary appropriations, Sec. 8.1
waiver of points of order against deficiency appropriation bill,
Sec. 8.3
waiver of points of order against general appropriation bill,
Sec. 8.2
Specific approval of project or expenditure, effect of law requiring,
Sec. Sec. 2.7, 2.8
Specific project as authorized by general grant of authority, Sec. 2.11
Subsequent enactment of authorization, Sec. 2.21
Supplemental appropriations
House as in Committee of the Whole, consideration in,
Sec. Sec. 11.5, 11.6
privileged, not reported as, Sec. 7.4
requests for consideration of, Sec. 7.5
unanimous consent, consideration by, Sec. 10.1
waiver of points of order against provision, Sec. 9.1
waiver of points of order against specific paragraph, Sec. 9.6
waiver of points of order by unanimous consent, Sec. 10.1
waiver of three-day availability requirement, Sec. Sec. 10.2, 10.3
Suspension of rules for matters not in disagreement between the Houses,
Sec. 13.18
Suspension of rules, passage of certain provisions under, Sec. 11.7
Timeliness of points of order
amendments, point of order too late after consideration of,
Sec. Sec. 12.10, 12.11
amendments, points of order against, Sec. 12.13
appropriations in legislative bills, points of order against,
Sec. Sec. 12.14-12.18
considered as read, points of order where bill has been, Sec. 12.12
debate on paragraph, point of order made before, Sec. 12.9
``general''appropriation bill, point of order that bill is not,
Sec. 12.6
legislative bill, appropriation language contained in conference
report on, Sec. 13.12
passed, point of order that paragraph has been, Sec. 12.7
reading of paragraph, point of order made after, Sec. Sec. 12.8-
12.11
Total amount authorized, amendment increasing appropriation to,
Sec. 2.16
Unanimous consent, consideration of appropriation bills by
any time, consideration at, Sec. 8.20
continuing appropriations, Sec. Sec. 8.7-8.10, 8.12, 8.16-8.20
[[Page 4976]]
general appropriation bills have been considered by,
Sec. Sec. 10.1-10.3
House as in Committee of the Whole, consideration in, Sec. 8.7
immediate consideration, Sec. 8.21
month, consideration during current, Sec. 8.19
reporting bill as nonprivileged, effect of, Sec. 8.8
special rule superseded, Sec. 8.14
specified day, consideration on, Sec. 8.9-8.14
supplemental appropriations, Sec. Sec. 8.7, 8.11, 8.13, 8.14
three-day availability requirement waived, Sec. Sec. 8.15, 10.2,
10.3
waiver of three-day rule, Sec. Sec. 8.15, 10.2, 10.3
week, following, consideration during, Sec. Sec. 8.17, 8.18
week, same, consideration during, Sec. 8.16
Waiver of points of order by resolution
bill or provisions, points of order against, Sec. 9.5
committee amendments, points of order against, Sec. 9.7
conference report, points of order against, Sec. 13.17
debate, general, waiver agreed to after, Sec. 9.1
deficiency appropriation bill, Sec. 8.3
general appropriation bill, Sec. 8.2
legislative language specifically made in order, Sec. 9.3
paragraph, specified, excepted from waiver, Sec. 9.2
paragraph, specified, of supplemental appropriation bill protected,
Sec. 9.6
paragraph, specified, points of order waived as to, Sec. 9.6
three-day availability requirement waived, Sec. 9.4
title, specified, points of order against, Sec. 9.8
West front extension, law requiring specific approval of, Sec. 2.7
[[Page 4977]]