[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 25. Appropriation Bills]
[Index to Precedents]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                               CHAPTER 25
 
                          Appropriation Bills


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    Commentary and editing by David Bird, J.D., and John Darrouzet, 
J.D.
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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


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                          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

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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

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    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

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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

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    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

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    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

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