[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 25. Appropriation Bills]
[B. Reporting and Consideration of Appropriation Bills]
[Â§ 9. Waiver of Points of Order - by Resolution]
[From the U.S. Government Publishing Office, www.gpo.gov]


[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,(9) 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: (1) The question is on the 
    resolution.
---------------------------------------------------------------------------
 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,(2) 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,(3) 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,(4) 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,(5) 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,(6) 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,(7) 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,(8) 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.