[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c25_txt-10]
[Page 5111-5116]
CHAPTER 25
Appropriation Bills
B. REPORTING AND CONSIDERATION OF APPROPRIATION BILLS TEXT
Sec. 9. Waiver of Points of Order--by Resolution
Waiver Agreed to After General Debate
Sec. 9.1 A resolution waiving points of order against a certain
provision in a supplemental appropriation bill was considered and
agreed to by the House after general debate on the bill had been
concluded and reading for amendment had begun in the Committee of
the Whole.
On May 21, 1969,<SUP>(9)</SUP> the following proceedings took
place:
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9. 115 Cong. Rec. 13246, 13251, 13252, 91st Cong. 1st Sess.
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Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, by
direction of the Committee on Rules, I call up House Resolution 414
and ask for its immediate consideration.
[[Page 5112]]
The Clerk read the resolution, as follows:
H. Res. 414
Resolved, That during the consideration of the bill (H.R
11400) making supplemental appropriations for the fiscal year
ending June 30, 1969, and for other purposes, all points of
order against title IV of said bill are hereby waived.
Mr. Colmer: . . . The language that the rule waives the point
of order against is found in title IV of the bill. Title IV of the
bill places a ceiling upon the amount of the expenditures that the
Chief Executive can make within the fiscal year. Now, that amount
is, roughly, $192 billion. . . .
The Speaker Pro Tempore: <SUP>(1)</SUP> The question is on the
resolution.
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1. Edmond Edmondson (Okla.).
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The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [William F.] Ryan [of New York]: Mr. Speaker, I object to
the vote on the ground that a quorum is not present and make the
point of order that a quorum is not present. . . .
The question was taken; and there were--yeas 326, nays 53, not
voting 54. . . .
Mr. [George H.] Mahon [of Texas]: Mr. Speaker, I move that the
House resolve itself into the Committee of the Whole House on the
State of the Union for the further consideration of the bill (H.R.
11400) making supplemental appropriations for the fiscal year
ending June 30, 1969, and for other purposes.
The motion was agreed to.
Accordingly the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration
of the bill H.R. 11400, with Mr. [Chet] Holifield [of California]
in the chair.
The Chairman: When the Committee rose on yesterday, the Clerk
had read through line 7 on page 2 of the bill.
Points of Order Against All Provisions But One
Sec. 9.2 The form of a resolution waiving all points of order against
consideration of an appropriation bill, waiving points of order
against the bill or any of the provisions contained therein
excepting a specific paragraph is set out below.
On Apr. 7, 1949,<SUP>(2)</SUP> the Clerk read the following
resolution:
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2. 95 Cong. Rec. 4113, 81st Cong. 1st Sess.
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Resolved, That upon the adoption of this resolution,
notwithstanding any rule of the House to the contrary, it shall
be in order to move that the House resolve itself into the
Committee of the Whole House on the State of the Union for the
consideration of the bill (H.R. 4046) making appropriations to
supply deficiencies in certain appropriations for the fiscal
year ending June 30, 1949, and for other purposes, and all
points of order against the bill or any of the provisions
contained therein are hereby waived excepting the provision
appearing on page 19, lines 18 to 21, inclusive, in the
paragraph under the heading ``General Provisions.'' That after
general de
[[Page 5113]]
bate, which shall be confined to the bill and continue not to
exceed 2 hours, to be equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations, the bill shall be read for amendment under the
5-minute rule. At the conclusion of the reading of the bill for
amendment, the Committee shall rise and report the same to the
House with such amendments as may have been adopted, and the
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit.
Certain Legislative Language Made in Order
Sec. 9.3 The form of a resolution waiving points of order against the
independent offices appropriation bill, and making in order a
legislative amendment described in general terms in the text of the
resolution is set out below.
On June 17, 1947,<SUP>(3)</SUP> the following proceedings took
place:
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3. 93 Cong. Rec. 7166, 80th Cong. 1st Sess.
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Mr. [Forest A.] Harness [of Indiana]: Mr. Speaker, I call up
House Resolution 248 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That during the consideration of the bill (H.R
3839) making appropriations for the Executive Office and sundry
independent executive bureaus, boards, commissions, and
offices, for the fiscal year ending June 30, 1948, and for
other purposes, all points of order against the bill or any
provisions contained therein are hereby waived; and it shall
also be in order to consider without the intervention of any
point of order any amendment to said bill prohibiting the use
of the funds appropriated in such bill or any funds heretofore
made available, including contract authorizations, for the
purchase of any particular site or for the erection of any
particular hospital.
Waiver of Three-day Availability Requirement
Sec. 9.4 The House has considered a resolution on the same day reported
making in order consideration of an appropriation bill,
notwithstanding the fact that the bill and report have not been
available for three calendar days as required by Rule XXI clause 6
(subsequently clause 7) and waiving all points of order against the
bill.
On Sept. 19, 1968,<SUP>(4)</SUP> a Member addressed Speaker John W.
McCormack, of Massachusetts, as follows, and proceedings ensued as
indicated below:
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4. 114 Cong. Rec. 27646, 27647, 90th Cong. 2d Sess.
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Mr. [William M.] Colmer [of Mississippi]: Mr. Speaker, by
direction of the Committee on Rules, I call up House Resolution
1308 and ask for its immediate consideration.
[[Page 5114]]
The Clerk read the resolution, as follows:
H. Res. 1308
Resolved, That upon the adoption of this resolution,
notwithstanding any rule of the House to the contrary, it shall
be in order to move that the House resolve itself into the
Committee of the Whole House on the State of the Union for the
consideration of the bill (H.R. 19908) making appropriations
for Foreign Assistance and related agencies for the fiscal year
ending June 30, 1969, and for other purposes, and all points of
order against said bill are hereby waived.
The Speaker: The question is, will the House now consider House
Resolution 1308?
The question was taken.
Mr. [Peter H. B.] Frelinghuysen [of New Jersey]: Mr. Speaker, I
object to the vote on the ground that a quorum is not present and
make the point of order that a quorum is not present.
The Speaker: Evidently a quorum is not present.
The Doorkeeper will close the doors, the Sergeant at Arms will
notify absent Members, and the Clerk will call the roll.
The question was taken; and there were--yeas 293, nays 58, not
voting 80. . . .
So (two-thirds having voted in favor thereof), the House agreed
to consider House Resolution 1308. . . .
Mr. Colmer: Mr. Speaker, the House has just voted to consider
the resolution which provides for consideration, in turn, of the
foreign aid appropriation bill.
Frankly, I do not subscribe to this procedure generally. I do
subscribe to this procedure in this particular instance.
This matter was presented to the committee only this morning
The conference report on the authorization bill was adopted only a
few hours ago by the House. But it is anticipated that the other
body will approve it and that it will go to the White House for the
President's signature. . . .
Mr. [H. Allen] Smith [of California]: . . . [B]y way of a
simple review of the matter, the last vote was for two-thirds to
consider this particular resolution, House Resolution 1308.
Otherwise it would have had to have laid over until tomorrow or
next week.
Mr. Speaker, this procedure is as the chairman of the Committee
on Rules said, unorthodox and unusual, and insofar as I am
concerned I doubt that there will be any other type of piece of
legislation that I would agree to this particular procedure being
worked upon a bill.
After all, the bill is here and the conference report has been
adopted. Further, if we are ever going to adjourn we will have to
proceed in this particular manner even though it is a little
unusual.
The matter we have under consideration right now is House
Resolution 1308 that waives points of order on the foreign
assistance bill; namely, H.R. 19908. If this rule is adopted by a
majority vote then we can proceed to its consideration with 2 hours
of debate, proceed to the consideration of the Foreign Assistance
Act for the fiscal year ending June 30, 1969, with the time equally
divided.
Waiver of Points of Order Against Bill or Provisions
Sec. 9.5 The form of a resolution waiving all points of order
[[Page 5115]]
against a general appropriation bill or any provisions contained
therein is set out below.
On June 26, 1945,<SUP>(5)</SUP> a resolution was called up, as
follows:
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5. 91 Cong. Rec. 6766, 79th Cong. 1st Sess.
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Mr. [Joe B.] Bates [of Kentucky]: Mr. Speaker, I call up House
Resolution 301 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That during the consideration of the bill (H.R
3579) making appropriations to supply deficiencies in certain
appropriations for the fiscal year ending June 30, 1945, and
for prior fiscal years, to provide supplemental appropriations
for the fiscal years ending June 30, 1945, and June 30, 1946,
to provide appropriations for the fiscal year ending June 30,
1946, and for other purposes all points of order against the
bill or any provisions contained therein are hereby waived.
Specific Paragraph of Supplemental Appropriation Bill Protected
Sec. 9.6 The form of a resolution waiving points of order against a
specific paragraph of a supplemental appropriation bill (language
making certain funds that were available for construction also
available for purchase of furniture for the new Rayburn Office
Building) is set out below.
On Apr. 9, 1963,<SUP>(6)</SUP> a Member called up a resolution, as
follows:
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6. 109 Cong. Rec. 6043, 88th Cong. 1st Sess.
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Mr. [James J.] Delaney [of New York]: Mr. Speaker, by direction
of the Committee on Rules, I call up House Resolution 311 and ask
for its immediate consideration.
The Clerk read the resolution as follows:
Resolved, That during the consideration of the bill (H.R
5517) making supplemental appropriations for the fiscal year
ending June 30, 1963, and for other purposes, all points of
order against the provisions contained in lines 5 through 10,
page 22, are hereby waived.
Points of Order Against Committee Amendments
Sec. 9.7 The form of a resolution waiving points of order against a
supplemental appropriation bill or any of the provisions contained
therein, and waiving points of order against any amendment offered
by direction of the Committee on Appropriations is set out below.
On June 9, 1948,<SUP>(7)</SUP> the following resolution was called
up:
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7. 94 Cong. Rec. 7603, 80th Cong. 2d Sess. See also 83 Cong. Rec 6777,
75th Cong. 3d Sess., May 12, 1938.
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Mr. [Leo E.] Allen [of Illinois]: Mr. Speaker, I call up House
Resolution
[[Page 5116]]
651 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That during the consideration of the bill (H.R
6829) making supplemental appropriations for the Executive
Office and sundry independent executive bureaus, boards,
commissions, and offices, for the fiscal year ending June 30,
1949, and for other purposes, all points of order against the
bill or any provisions contained therein are hereby waived, and
it shall be in order to consider without the intervention of
any point of order any amendment offered by direction of the
Committee on Appropriations.
Waiver Against One Title of Bill
Sec. 9.8 The form of a resolution waiving points of order against part
of a military establishment appropriation bill is set out below.
On June 4, 1947,<SUP>(8)</SUP> a resolution was called up, as
follows:
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8. 93 Cong. Rec. 6346, 80th Cong. 1st Sess.
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Mr. [Robert F.] Rich [of Pennsylvania]: Mr. Speaker, by
direction of the Committee on Rules, I call up House Resolution 230
and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That during the consideration of the bill (H.R
3678) making appropriations for the Military Establishment for
the fiscal year ending June 30, 1948, and for other purposes,
all points of order against title II of said bill or any
provisions contained therein are hereby waived.