[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 4. Appropriations]
[From the U.S. Government Printing Office, www.gpo.gov]


[[Page 71]]

 
                       CHAPTER 4 - APPROPRIATIONS

                              HOUSE PRACTICE

                              I. Introductory

  Sec.  1. In General; Constitutional Background
  Sec.  2. Power to Originate Appropriation Bills; House and Senate 
  Roles
  Sec.  3. Definitions; Kinds of Appropriation Measures
  Sec.  4. Committee and Administrative Expenses
  Sec.  5. Authorization, Appropriation, and Budget Processes 
  Distinguished

                      II. General Appropriation Bills

              A. Introductory

  Sec.  6. Background; What Constitutes a General Appropriation Bill
  Sec.  7. The Restrictions of Rule XXI Clause 2
  Sec.  8. Committee Jurisdiction and Functions
  Sec.  9. Duration of Appropriation

              B. Authorization of Appropriation

  Sec. 10. In General; Necessity of Authorization
  Sec. 11. Duration of Authorization
  Sec. 12. Sufficiency of Authorization
  Sec. 13. Proof of Authorization; Burden of Proof
  Sec. 14. Increasing Budget Authority

              C. Authorization for Particular Purposes or Programs

  Sec. 15. In General
  Sec. 16. Agricultural Programs
  Sec. 17. Programs Relating to Business or Commerce
  Sec. 18. Defense Programs
  Sec. 19. Funding for the District of Columbia
  Sec. 20. Interior or Environmental Programs
  Sec. 21. Programs Relating to Foreign Affairs
  Sec. 22. Legislative Branch Funding
  Sec. 23. Salaries and Related Benefits

[[Page 72]]

              D. Authorization for Public Works

  Sec. 24. In General
  Sec. 25. Works in Progress
  Sec. 26. -- What Constitutes a Work in Progress

   III. Legislation in General Appropriation Bills; Provisions Changing 
                               Existing Law

              A. Generally

  Sec. 27. The Restrictions of Rule XXI Clause 2
  Sec. 28. Changing Existing Law by Amendment, Enactment, or Repeal; 
  Waivers
  Sec. 29. Imposing Contingencies and Conditions
  Sec. 30. -- Conditions Requiring Reports to, or Action by, Congress
  Sec. 31. -- Conditions Imposing Additional Duties
  Sec. 32. Language Describing, Construing, or Referring to Existing Law
  Sec. 33. Particular Propositions as Legislation

              B. Changing Prescribed Funding

  Sec. 34. In General
  Sec. 35. Affecting Funds in Other Acts
  Sec. 36. Transfer of Funds-- Within Same Bill
  Sec. 37. -- Transfer of Previously Appropriated Funds
  Sec. 38. Making Funds Available Before, or Beyond, Authorized Period
  Sec. 39. Funds ``To Remain Available Until Expended''
  Sec. 40. Reimbursements of Appropriated Funds

              C. Changing Executive Duties or Authority

  Sec. 41. In General; Requiring Duties or Determinations
  Sec. 42. Burden of Proof
  Sec. 43. Altering Executive Authority or Discretion
  Sec. 44. Mandating Studies or Investigations
  Sec. 45. Granting or Changing Contract Authority

              D. The Holman Rule; Retrenchments

  Sec. 46. In General; Retrenchment of Expenditures
  Sec. 47. Germaneness Requirements; Application to Funds in Other Bills
  Sec. 48. Reporting Retrenchment Provisions

[[Page 73]]

  Sec. 49. Floor Consideration; Who May Offer

              IV. Limitations on General Appropriation Bills

  Sec. 50. In General; When in Order
  Sec. 51. Limitations on Amount Appropriated
  Sec. 52. Limitations on Particular Uses
  Sec. 53. Interference with Executive Discretion
  Sec. 54. Imposing Duties or Requiring Determinations
  Sec. 55. -- Duties Relating to Construction or Implementation of Law
  Sec. 56. Conditional Limitations
  Sec. 57. Exceptions to Limitations
  Sec. 58. Limitations as to Recipients of Funds
  Sec. 59. Limitations on Funds in Other Acts
  Sec. 59a. Funding Floors

                            V. Reappropriations

  Sec. 60. In General

                  VI. Reporting; Consideration and Debate

              A. Generally

  Sec. 61. Privileged Status; Voting
  Sec. 62. When Bills May Be Considered
  Sec. 63. Debate; Consideration of Amendments; Perfecting Amendments; 
  En Bloc Amendments
  Sec. 64. -- Limitation Amendments; Retrenchments
  Sec. 65. Points of Order-- Reserving Points of Order
  Sec. 66. -- Timeliness
  Sec. 67. -- Points of Order Against Particular Provisions
  Sec. 68. -- Waiving Points of Order
  Sec. 69. Amending Language Permitted to Remain

              B. Senate Amendments

  Sec. 70. In General
  Sec. 71. Authority of Conference Managers

                 VII. Nonprivileged Appropriation Measures

  Sec. 72. In General; Continuing Appropriations

[[Page 74]]

  Sec. 73. Supplemental Appropriations
  Sec. 74. Appropriations for a Single Agency
  Sec. 75. Consideration

                 VIII. Appropriations in Legislative Bills

  Sec. 76. In General
  Sec. 77. What Constitutes an Appropriation in a Legislative Bill
  Sec. 78. Points of Order; Timeliness
  Sec. 79. -- Directing Points of Order Against Objectionable Language
        Research References
          U.S. Const. art. I, Sec. Sec. 7, 9
          4 Hinds Sec. Sec. 3553-4018
          7 Cannon Sec. Sec. 1116-1720
          Deschler Chs 25, 26
          Manual Sec. Sec. 143, 716, 717, 747, 853, 1035-1065, 1127, 
            1130(6)

                              I. Introductory


  Sec. 1 . In General; Constitutional Background

      Article I, section 9, clause 7 of the Constitution provides that 
  no money ``shall be drawn from the Treasury'' but in consequence of 
  appropriations made by law. Appropriation bills are the device through 
  which money is permitted to be ``drawn from the Treasury'' for 
  expenditure. Deschler Ch 25 Sec. 2.
      This constitutional provision is construed as giving Congress 
  broad powers to appropriate money in the Treasury and as a strict 
  limitation on the authority of the executive branch to exercise this 
  function. The Supreme Court has recognized that Congress has a wide 
  discretion with regard to the details of expenditures for which it 
  appropriates funds and has approved the frequent practice of making 
  general appropriations of large amounts to be allotted and expended as 
  directed by designated government agencies. Cincinnati Soap Co. v. 
  United States, 301 U.S. 308, 322 (1937).


  Sec. 2 . Power to Originate Appropriation Bills; House and Senate 
            Roles

      Under article I, section 7, clause 1 of the Constitution, it is 
  exclusively the prerogative of the House to originate ``revenue'' 
  bills. That clause provides:

[[Page 75]]

      All Bills for raising Revenue shall originate in the House of 
    Representatives; but the Senate may propose or concur with 
    Amendments as on other Bills.

      The House has traditionally taken the view that this prerogative 
  encompasses the sole power to originate all general appropriation 
  bills. Deschler Ch 25 Sec. 13. On more than one occasion, the House 
  has returned to the Senate a Senate bill or joint resolution 
  appropriating money on the ground that it invaded the prerogatives of 
  the House. Deschler Ch 13 Sec. Sec. 20.2, 20.3. In 1962, when the 
  Senate passed a joint resolution continuing funds for the Department 
  of Agriculture, the House passed a resolution declaring that the 
  Senate's action violated article I, section 7 of the Constitution and 
  was an infringement of the privileges of the House. Deschler Ch 13 
  Sec. 20.2. In support of the view that the House has the sole power to 
  originate appropriation bills, it has been noted that at the time of 
  the adoption of the Constitution the phrase ``raising revenue'' was 
  equivalent to ``raising money and appropriating the same.'' 62-1, The 
  Supply Bills, S. Doc. No. 872.


  Sec. 3 . Definitions; Kinds of Appropriation Measures

                                 Generally

      An appropriation is a provision of law that provides budget 
  authority for Federal agencies to incur obligations. ``Budget 
  authority'' means the authority provided by law to incur financial 
  obligations as defined by section 3(2)(A) of the Congressional Budget 
  Act of 1974.
      An appropriation Act is the most common means of providing budget 
  authority. Deschler Ch 25 Sec. 2. It has been held that language which 
  authorizes the Secretary of the Treasury to use the proceeds of 
  public-debt issues for the purposes of making loans is not an 
  appropriation. Deschler Ch 25 Sec. 4.43.

                        Types of Appropriation Acts

      The principal types of appropriation Acts are general, 
  supplemental, special, and continuing.

     General appropriation bills provide budget authority to 
         departments and agencies, usually for a specified fiscal year. 
         Today, there are 13 regular appropriation Acts for each fiscal 
         year. See Sec. 6, infra.
     A supplemental appropriation is an Act appropriating funds in 
         addition to those in the 13 regular annual appropriation Acts. 
         Supplemental appropriations provide additional budget authority 
         beyond the original estimates for an agency or program. Such a 
         bill may be used after the fiscal year has begun to provide 
         additional funding. Supplemental bills also may be general 
         bills within the meaning of rules XIII and XXI if covering more 
         than one agency. See Sec. 73, infra.

[[Page 76]]

     A special appropriation provides funds for one government 
         agency, program, or project. See Sec. 74, infra.
     Continuing appropriations--also known as continuing 
         resolutions--provide temporary funding for agencies or programs 
         that have not received a regular appropriation by the start of 
         the fiscal year. They are used to permit agencies to continue 
         to function and to operate their programs until their regular 
         appropriations become law. Continuing resolutions are usually 
         of short duration, but they have been used to fund agencies or 
         departments for an entire fiscal year. See Sec. 72, infra.

         Privileged and Nonprivileged Appropriations Distinguished

      The term ``general appropriation bill'' is used to refer to those 
  bills that may be reported at any time and are privileged for 
  consideration. See Sec. 6, infra. A joint resolution continuing 
  appropriations also may be reported and called up as privileged under 
  the general rules of the House if reported after September 15 
  preceding the beginning of the fiscal year for which it is applicable. 
  See Sec. 72, infra. Other continuing appropriation measures, and 
  special appropriation bills, are not privileged and are therefore 
  considered under other procedures that give them privilege--such as a 
  unanimous-consent agreement, a special order reported from the 
  Committee on Rules, or under suspension. Deschler Ch 25 Sec. Sec. 6, 
  7.
      To file a report on a general appropriation bill, a member of the 
  Committee on Appropriations seeks recognition and presents the report 
  as follows:

      Member: Mr. Speaker, by direction of the Committee on 
    Appropriations, I submit the report on the bill making 
    appropriations for the Departments of  __________ for printing under 
    the rule.
      Speaker: The report is referred to the Union Calendar and ordered 
    printed.


  Sec. 4 . Committee and Administrative Expenses

                                 Generally

      Funding for House committees is provided by resolutions, which 
  allocate resources made available to the House in certain accounts in 
  annual Legislative Branch Appropriation Acts. Authorization for 
  payment may be obtained pursuant to rule X clause 6, which provides 
  detailed provisions for the consideration of a primary expense 
  resolution and for subsequent supplemental expense resolutions. With 
  the exception of the Committee on Appropriations, the rule applies to 
  ``any committee, commission, or other entity.'' Manual Sec. 763; 
  generally, see Committees.
      Under rule XV clause 1(b), the authority of all committees, and 
  other entities, to incur expenses, including travel expenses, is made 
  contingent

[[Page 77]]

  upon adoption by the House of expense resolutions as required under 
  rule X clause 6.
      Appropriations from accounts for committee salaries and other 
  administrative expenses of the House are under the jurisdiction of the 
  Committee on House Administration. Rule X clause 1(i); Manual 
  Sec. 724. A resolution reported by that committee providing for such 
  an expenditure is called up as privileged under rule XIII clause 5(a). 
  Such a resolution, if not formally reported by the committee, may be 
  called up and agreed to by unanimous consent. Deschler Ch 17 Sec. 4. 
  In recent years the resolution, although reported as privileged, has 
  been considered under a special order of business. E.g., 105-1, Mar. 
  21, 1997, p ____.


  Sec. 5 . Authorization, Appropriation, and Budget Processes 
            Distinguished

      There are three processes by which Congress allocates the fiscal 
  resources of the Federal government. There is an authorization process 
  under which Federal programs are created, amended, and extended in 
  response to national needs. There is an appropriations process that 
  provides funding for these programs. The congressional budget process, 
  which may place spending ceilings on budget authority and outlays for 
  a fiscal year and otherwise provides a mechanism for allocating 
  Federal resources among competing government programs, interacts with 
  and shapes both of the other phases. The budget process is treated 
  separately in this work. See Budget Process.
      In the authorization process, the legislative committees establish 
  program objectives and may set dollar ceilings on the amounts that may 
  be appropriated. Once this authorization process is complete for a 
  particular program or department, the Committee on Appropriations 
  recommends the actual level of ``budget authority,'' which allows 
  Federal agencies to enter into obligations. By waiving or not raising 
  a point of order, the House often grants consent to appropriate funds 
  for an unauthorized program. Special orders reported from the 
  Committee on Rules are often utilized to expedite floor consideration 
  of appropriation bills. The House may decline to appropriate funds for 
  particular purposes, even though authorization has been enacted. 
  Deschler Ch 25 Sec. 2.1.
      As a general rule, these two stages should be kept separate. With 
  certain exceptions, authorization bills should not contain 
  appropriations (Sec. 76, infra), and, again with certain exceptions, 
  appropriation bills should not contain authorizations (Sec. 27, 
  infra). This general rule is complicated by the fact that some budget 
  authority becomes available as the result of previously enacted 
  legislation and does not require current action by Congress. Examples

[[Page 78]]

  include the various trust funds for which the obligational authority 
  is already provided in basic law. See Sec. 9, infra. This general rule 
  is further complicated by the fact that Congress may combine 
  authorizations and appropriations into ``omnibus'' or ``consolidated'' 
  bills at the end of a fiscal year. In addition, some spending, 
  sometimes referred to as direct spending, is controlled outside of the 
  annual appropriations process. It is composed of entitlement and other 
  mandatory spending programs. Such programs are either funded by 
  provisions of the permanent laws that created them or by annual 
  appropriation Acts providing liquidating cash or other funds mandated 
  by law. See Budget Process. Moreover, the authorization for a program 
  may be derived not from a specific law providing authority for that 
  particular program but from more general existing law--``organic'' 
  law--mandating or permitting such programs. Thus, a paragraph in a 
  general appropriation bill purportedly containing funds not yet 
  specifically authorized by separate legislation was upheld where it 
  was shown that all of the funds in the paragraph were authorized by 
  more general provisions of law currently applicable to the programs in 
  question. Manual Sec. 1045.

                      II. General Appropriation Bills


                              A. Introductory


  Sec. 6 . Background; What Constitutes a General Appropriation Bill

      Today, much of the Federal government is funded through the annual 
  enactment of 13 regular appropriation bills. The subjects of these 
  bills are determined by and coincide with the subcommittee 
  jurisdictional structure of the Committee on Appropriations. Typically 
  the 13 regular appropriation bills are identified as:

     Agriculture, Rural Development, and related agencies.
     Commerce, Justice, State, and Judiciary and related agencies.
     Defense Department.
     District of Columbia.
     Energy and Water Development.
     Foreign Operations, Export Financing, and related programs.
     Interior Department and related agencies.
     Labor-Health and Human Services-Education Departments and 
         related agencies.
     Legislative Branch.
     Military Construction.
     Transportation Department and related agencies.
     Treasury, Postal Service, and general government.

[[Page 79]]

     Veterans Affairs, Housing and Urban Development, and 
         Independent Agencies.

      The question as to just what constitutes a general appropriations 
  bill is important because rule XXI clause 2, which precludes 
  unauthorized appropriations and legislation in appropriation bills 
  applies only to general appropriation bills. Manual Sec. 1044; 
  Deschler Ch 26 Sec. 1.1; Sec. 27, infra. In the House the 13 regular 
  appropriation bills and measures providing supplemental appropriations 
  to two or more agencies are general appropriation bills. Deschler Ch 
  25 Sec. 6; Deschler Ch 26 Sec. 1.3.
      Measures that have been held not to constitute a general 
  appropriation bill include:

     A joint resolution continuing appropriations for government 
         agencies pending enactment of the regular appropriation bills. 
         Deschler Ch 26 Sec. 1.2.
     A joint resolution making supplemental appropriations for one 
         agency. Deschler Ch 25 Sec. 7.4.
     A joint resolution making an appropriation to a department for 
         a specific purpose. Deschler Ch 25 Sec. 7.3.
     A bill providing appropriations for specific purposes. 8 
         Cannon Sec. 2285.
     A joint resolution providing an appropriation for a single 
         government agency even where permitting transfer of a portion 
         of those funds to another agency. Manual Sec. 1044.
     A joint resolution reported from the Committee on 
         Appropriations transferring appropriated funds from one agency 
         to another. Manual Sec. 1044.
     A joint resolution transferring unobligated balances to the 
         President to be available for specified purposes but containing 
         no new budget authority. Manual Sec. 1044.
     A bill making supplemental appropriation for emergency 
         construction of public works. 7 Cannon Sec. 1122.


  Sec. 7 . The Restrictions of Rule XXI Clause 2

                                 Generally

      Rule XXI clause 2 contains two restrictions relative to 
  appropriation bills: it (1) prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  works in progress, and (2) prohibits provisions ``changing existing 
  law''--usually referred to as ``legislation on an appropriation 
  bill''--except for provisions that retrench expenditures under certain 
  conditions, and except for rescissions of amounts provided in 
  appropriation Acts reported by the Committee on Appropriations. Manual 
  Sec. Sec. 1036, 1038. The ``retrenchment'' provision is known as the 
  Holman rule and is discussed in section 46, infra.
      In practice, the concepts ``unauthorized appropriations'' and 
  ``legislation on general appropriation bills'' sometimes have been 
  applied almost

[[Page 80]]

  interchangeably as grounds for making points of order pursuant to rule 
  XXI clause 2. This occurs because an appropriation made without prior 
  authorization has, in a sense, the effect of legislation, particularly 
  in view of rulings of long standing that a ``proposition changing 
  existing law'' may be construed to include the enactment of a law 
  where none exists. Deschler Ch 26 Sec. 1; see also Sec. 28, infra. The 
  two concepts are treated separately in this chapter, however, because 
  they derive from different paragraphs of rule XXI clause 2 and 
  constitute distinct restrictions on the authority of the Committee on 
  Appropriations. Manual Sec. Sec. 1036, 1038.

                            Enforcement of Rule

      As all bills making or authorizing appropriations require 
  consideration in the Committee of the Whole, it follows that the 
  enforcement of the rule must ordinarily occur during consideration in 
  the Committee of the Whole, where the Chair, on the raising of a point 
  of order, may rule out any portion of the bill in conflict with the 
  rule. Manual Sec. 1044; 4 Hinds Sec. 3811. Because portions of the 
  bill thus stricken are not reported back to the House, rule XXI clause 
  1 was added in the 104th Congress to empower the Committee of the 
  Whole to strike offending provisions without Members needing to 
  reserve points of order in the House. The enforcement of the rule also 
  occurs in the House, because a motion to recommit a general 
  appropriation bill may not propose an amendment in violation of the 
  rule. Deschler Ch 26 Sec. 1.4. It should be stressed, however, that 
  the House may, through various procedural devices, waive one or both 
  requirements of the rule, and thereby preclude the raising of such 
  points of order against provisions in the bill. See Sec. 68, infra.


  Sec. 8 . Committee Jurisdiction and Functions

                                 Generally

      Today, under rule X clause 1(b) the House Committee on 
  Appropriations has jurisdiction over all appropriations, including 
  general appropriation bills. Manual Sec. 716. Special Presidential 
  messages on rescissions and deferrals of budget authority submitted 
  pursuant to sections 1012 and 1013 of the Impoundment Control Act of 
  1974, as well as rescission bills as defined in section 1011, are 
  referred to the Committee on Appropriations if the proposed 
  rescissions or deferrals involve funds already appropriated or 
  obligated. Manual Sec. 717. Impoundments generally, see Budget 
  Process.
      Under the Congressional Budget Act of 1974, the committee was 
  given jurisdiction over rescissions of appropriations, transfers of 
  unexpended bal

[[Page 81]]

  ances, and the amount of new spending authority to be effective for a 
  fiscal year. Rule X clause 1(b); Manual Sec. 716.

                             Committee Reports

      Under rule XIII clause 3(f), a report from the Committee on 
  Appropriations accompanying any general appropriation bill must 
  contain a concise statement describing the effect of any provision of 
  the accompanying bill that directly or indirectly changes the 
  application of existing law. Manual Sec. 847. Provisions in the bill 
  that are described in the report as changing existing law are presumed 
  to be legislation in violation of rule XXI clause 2(b), absent 
  rebuttal by the committee. Manual Sec. 1044. Rule XIII clause 3(f) 
  further requires that such reports contain a list of appropriations in 
  the bill for expenditures not previously authorized by law.


  Sec. 9 . Duration of Appropriation

                           Annual Appropriations

      The most common form of appropriation provides budget authority 
  for a single fiscal year. All of the 13 regular appropriation bills, 
  for example, are annual, although certain accounts may ``remain 
  available until expended.'' Where a bill provides budget authority for 
  a single fiscal year, the funds have to be obligated during the fiscal 
  year for which they are provided. The funds lapse if not obligated by 
  the end of that year. Indeed, unless an Act provides that a particular 
  fund shall be available beyond the fiscal year, appropriations are 
  made for one year only and any unused funds automatically go back into 
  the Treasury at the end of the current fiscal year. Norcross v. United 
  States, 142 Ct.Cl. 763 (1958).
      An appropriation in a regular appropriation Act may be construed 
  to be permanent or available continuously only if the appropriation 
  expressly provides that it is available after the fiscal year covered 
  by the law in which it appears, or unless the appropriation is for 
  certain purposes such as public buildings. 31 USC Sec. 1301.
      The fiscal year for the Federal government begins on October 1 and 
  ends on September 30. The fiscal year is designated by the calendar 
  year in which it ends.

                         Multi-year Appropriations

      A multi-year appropriation is made when budget authority is 
  provided in an appropriations Act that is available for a specified 
  period of time in excess of one fiscal year.

[[Page 82]]

                         Permanent Appropriations

      A permanent appropriation is budget authority that becomes 
  available as the result of previously enacted legislation and that 
  does not require current action by Congress. Examples include the 
  appropriations for compensation of Members of Congress and the various 
  trust funds for which the obligational authority is already provided 
  in basic law. Pub. L. No. 97-51, Sec. 130(c); Appropriations, Budget 
  Estimates, Etc., S. Doc. No. 105-18, p 937.


                     B. Authorization of Appropriation


  Sec. 10 . In General; Necessity of Authorization

                                 Generally

      Rule XXI clause 2(a) prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  ``public works and objects that are already in progress.'' Manual 
  Sec. 1036. Thus, any Member may make a point of order on the House 
  floor to prevent inclusion of an unauthorized appropriation, although 
  the House frequently waives the enforcement of the rule. See 
  Sec. Sec. 67, 68, infra.

                  Authorization to Precede Appropriation

      The enactment of authorizing legislation must occur before, and 
  not following, the consideration of an appropriation for the proposed 
  purpose. Thus, delaying the availability of an appropriation pending 
  enactment of an authorization will not protect that appropriation 
  against a point of order. Deschler Ch 26 Sec. 7.3. A bill may not 
  permit a portion of a lump sum--unauthorized at the time the bill is 
  being considered--to subsequently become available; a further 
  appropriation upon the enactment of authorizing legislation would be 
  needed. Deschler Ch 25 Sec. 2. Likewise an appropriation will not be 
  permitted that is conditioned on a future authorization. Deschler Ch 
  26 Sec. Sec. 7.2, 47.4. However, where lump sums are involved, 
  language that limits use of an appropriation to programs ``authorized 
  by law'' or that permits expenditures ``within the limits of the 
  amount now or hereafter authorized to be appropriated,'' has been held 
  to insulate the provision against the point of order. Deschler Ch 26 
  Sec. 7.10 (note).
      The requirement that the authorization precede the appropriation 
  is satisfied if the authorizing legislation has been enacted into law 
  between the time the appropriation bill is reported and the time it is 
  considered in the Committee of the Whole. Deschler Ch 25 Sec. 2.21.

[[Page 83]]

      It should be emphasized that the rule applies to general 
  appropriation bills. A joint resolution containing continuing 
  appropriations is not considered a general appropriation bill within 
  the purview of the rule, despite inclusion of diverse appropriations 
  that are not continuing in nature. Deschler Ch 25 Sec. 2.


  Sec. 11 . Duration of Authorization

                            Generally; Renewals

      Until recent years, many authorizations were permanent, being 
  provided for by the organic statute that created the agency or 
  program. Such statutes often include provisions to the effect that 
  there are hereby authorized to be appropriated ``hereafter'' such sums 
  ``as may be necessary'' or ``as approved by Congress,'' to implement 
  the law, thereby requiring the appropriate budget authority to be 
  enacted each year in accordance with this permanent authorization. 
  See, e.g., Deschler Ch 26 Sec. 11.1.
      Today, the House more commonly authorizes appropriations for only 
  a certain number of years at a time. Authorizations may extend for 
  two, five, or 10 years and may be renewed periodically. The trend 
  toward periodic authorizations is reflected in the rule adopted in 
  1970 that requires each standing committee to ensure that 
  appropriations for continuing programs and activities will be made 
  annually ``to the maximum extent feasible,'' consistent with the 
  nature of the programs involved. Programs for which appropriations are 
  not made annually may have ``sunset'' provisions that require their 
  review periodically to determine whether they can be modified to 
  permit annual appropriations. Rule X clause 4(e); Manual Sec. 755.


  Sec. 12 . Sufficiency of Authorization

                                 Generally

      The term ``authorized by law'' in rule XXI clause 2 is ordinarily 
  construed as a ``law enacted by the Congress.'' Manual Sec. 1036. 
  Statutory authority for the appropriation must exist. Deschler Ch 25 
  Sec. 2.3. It has been held, for example, that a bill passed by both 
  Houses but not signed by the President or returned to the originating 
  House is insufficient authorization to support an appropriation. 92-1, 
  May 11, 1971, p 14471. Similarly, an executive order does not 
  constitute sufficient authorization in the absence of proof of its 
  derivation from a statute enacted by Congress. Deschler Ch 26 
  Sec. 7.7. On the other hand, sufficient authorization for an 
  appropriation may be found to exist in a treaty that has been ratified 
  by both parties. 4 Hinds Sec. 3587; Deschler Ch 26 Sec. 17.9. 
  Sufficient authorization also may be found

[[Page 84]]

  in legislation contained in a previous appropriation Act that has 
  become permanent law. Deschler Ch 25 Sec. 2.5.

       Authorization From Specific Statutes or General Existing Law

      Authorization for a program may be derived from a specific law 
  providing authority for that particular program or from a more general 
  existing law--``organic law''--authorizing appropriations for such 
  programs. Thus, a paragraph in a general appropriation bill 
  purportedly containing funds not yet specifically authorized by 
  separate legislation was held not to violate rule XXI clause 2, where 
  it was shown that all of the funds in the paragraph were authorized by 
  more general provisions of law currently applicable to the programs in 
  question. Deschler Ch 26 Sec. 10.8. Organic statutes or general grants 
  of authority in law constitute sufficient authorization to support 
  appropriations only where the general laws applicable to the function 
  or department in question do not require specific or annual 
  authorizations or a periodic authorization scheme has not subsequently 
  occupied the field. Manual Sec. 1045.
      Similarly, a permanent law authorizing the President to appoint 
  certain staff, together with legislative provisions authorizing 
  additional employment contained in an appropriation bill enacted for 
  that fiscal year, constituted sufficient authorization for a lump-sum 
  supplemental appropriation for the White House for the same fiscal 
  year. Deschler Ch 25 Sec. 2.6. The legislative history of the law in 
  question may be considered to determine whether sufficient 
  authorization for the project exists. Deschler Ch 25 Sec. 2.7. The 
  omission to appropriate during a series of years for a program 
  previously authorized by law does not repeal the law, and it may be 
  cited as providing authorization for a subsequent appropriation. 4 
  Hinds Sec. 3595.
      Some statutes expressly provide, however, that there may be 
  appropriated to carry out the functions of certain agencies only such 
  sums as Congress may thereafter authorize by law, thus requiring 
  specific subsequently enacted authorizations for the operations of 
  such agencies and not permitting appropriations to be authorized by 
  the ``organic statute'' creating the agency. See, e.g., 15 USC 
  Sec. 1024(e), establishing the Joint Economic Committee and 
  authorizing the appropriation of ``such sums as may be necessary 
  during each fiscal year;'' Deschler Ch 26 Sec. 49.2 (note).

                Effect of Prior Unauthorized Appropriations

      An appropriation for an object unauthorized by law, however 
  frequently made in former years, does not warrant similar 
  appropriations in succeeding years, unless the program in question is 
  such as to fall into the category of a continuation of work in 
  progress, or unless authorizing legislation in

[[Page 85]]

  a previous appropriation Act has become permanent law. Manual 
  Sec. Sec. 1036, 1045; 7 Cannon Sec. 1150; Sec. 25, infra.

                Incidental Expenses; Implied Authorizations

      A general grant of authority to an agency or program may be found 
  sufficiently broad to authorize items or projects that are incidental 
  to carrying out the purposes of the basic law. Deschler Ch 25 
  Sec. 2.10. An amendment proposing appropriations for incidental 
  expenses that contribute to the main purpose of carrying out the 
  functions of the department for which funds are being provided in the 
  bill is generally held to be authorized by law. Deschler Ch 26 
  Sec. 7.15. For example, appropriations for certain travel expenses for 
  the Secretary of the Department of Agriculture were held authorized by 
  law as necessary to carry out the basic law setting up that 
  department. Deschler Ch 25 Sec.  2.10.
      On the other hand, where the authorizing law authorizes a lump-sum 
  appropriation and confers broad discretion on an executive in 
  allotting funds, an appropriation for a specific purpose may be ruled 
  out as inconsistent therewith. Deschler Ch 26 Sec. 15.5 (note). The 
  appropriation of a lump sum for a general purpose having been 
  authorized, a specific appropriation for a particular item included in 
  such general purpose may be a limitation on the discretion of the 
  executive charged with allotment of the lump sum and not in order on 
  the appropriation bill. 7 Cannon Sec. 1452. Such a limitation also may 
  be ruled out on the ground that it is ``legislation'' on an 
  appropriation bill. See Sec. 43, infra. An appropriation to pay a 
  judgment awarded by a court is in order if such judgment has been 
  properly certified to Congress. Deschler Ch 25 Sec. 2.2.


  Sec. 13 . Proof of Authorization; Burden of Proof

                         Burden of Proof Generally

      Under House practice, those upholding an item of appropriation 
  have the burden of showing the law authorizing it. 4 Hinds Sec. 3597; 
  7 Cannon Sec. Sec. 1179, 1276. Thus, a point of order having been 
  raised, the burden of proving the authorization for language carried 
  in an appropriation bill falls on the proponents and managers of the 
  bill, who must shoulder this burden of proof by citing statutory 
  authority for the appropriation. Deschler Ch 25 Sec. 9.5; Deschler Ch 
  26 Sec. 9.4. The Chair may overrule a point of order upon citation to 
  an organic statute creating an agency, absent any showing that such 
  law has been amended or repealed to require specific annual 
  authorizations. Deschler Ch 26 Sec. 9.6.

[[Page 86]]

                      Burden of Proof as to Amendment

      The burden of proof to show that an appropriation contained in an 
  amendment is authorized by law is on the proponent of the amendment, a 
  point of order having been raised against the appropriation. Manual 
  Sec. 1044; Deschler Ch 26 Sec. Sec. 9.1, 9.2. If the amendment is 
  susceptible to more than one interpretation, it is incumbent upon the 
  proponent to show that it is not in violation of the rule. Manual 
  Sec. 1044.

                   Evidence of Compliance with Condition

      An authorizing statute may provide that the authorization for a 
  program is to be effective only upon compliance by executive officials 
  with certain conditions or requirements. In such a case, a letter 
  written by an executive officer charged with the duty of furthering a 
  certain program may be sufficient documentary evidence of 
  authorization in the manner prescribed. Deschler Ch 26 Sec. Sec. 10.2, 
  10.3.


  Sec. 14 . Increasing Budget Authority

                    Increases within Authorized Limits

      Authorizing legislation may place a ceiling on the amount of 
  budget authority that can be appropriated for a program or may 
  authorize the appropriation of ``such sums as are necessary.'' Absent 
  restrictions imposed by the budget process, it is in order to increase 
  the appropriation in an appropriation bill for a purpose authorized by 
  law if such increase does not exceed the amount authorized for that 
  purpose. Deschler Ch 25 Sec. Sec. 2.13, 2.15. An amendment proposing 
  simply to increase an appropriation for a specific purpose over the 
  amount carried in the appropriation bill does not constitute a change 
  in law unless such increase is in excess of that authorized. Deschler 
  Ch 25 Sec. 2.14. An amendment changing the figure in the bill to the 
  full amount authorized is in order. Deschler Ch 25 Sec. 2.16. Of 
  course, if the authorization does not place a cap on the amount to be 
  appropriated, an amendment increasing the amount of the appropriation 
  for items included in the bill is in order. Deschler Ch 25 Sec. 11.16.

                 Increases in Excess of Amount Authorized

      An appropriation in excess of the specific amount authorized by 
  law may be in violation of rule XXI clause 2, the rule prohibiting 
  unauthorized appropriations. Deschler Ch 26 Sec. 21. Thus, where 
  existing law limited annual authorizations of appropriations for 
  incidental expenses of a program to $7,500, an appropriation for 
  $10,000 was held to be unauthorized and was ruled out on a point of 
  order. 94-1, Sept. 30, 1974, p 30981.

[[Page 87]]

      The rule that an appropriation bill may not provide budget 
  authority in excess of the amount specified in the authorizing 
  legislation has also been applied to:

     An amendment proposing an increase in the amount of an 
         appropriation authorized by law for compensation of Members of 
         the House. Deschler Ch 26 Sec. 21.2.
     A provision increasing the loan authorization for the rural 
         telephone program above the amount authorized for that purpose. 
         Deschler Ch 26 Sec. 33.3.
     A provision providing funds for the Joint Committee on Defense 
         Production in excess of the amount authorized by law. Deschler 
         Ch 26 Sec. 21.5.
     A provision containing funds in excess of amounts permitted to 
         be committed by a Federal agency for mortgage purchases. 97-2, 
         July 29, 1982, p 18636.
     An amendment en bloc transferring appropriations among objects 
         in the bill, offered under rule XXI clause 2(f), increasing an 
         appropriation above the authorized amount. Manual Sec. 1063a.

                             Waiver of Ceiling

      Where a limitation on the amount of an appropriation to be 
  annually available for expenditure by an agency has become law, 
  language in an appropriation bill seeking to waive or change this 
  limitation gives rise to a point of order that the language is 
  legislation on an appropriation bill. Deschler Ch 26 Sec. 33.2.

           C. Authorization for Particular Purposes or Programs


  Sec. 15 . In General

      Absent an appropriate waiver, language in a general appropriation 
  bill providing funding for a program that is not authorized by law is 
  in violation of rule XXI clause 2(a) and also may ``change existing 
  law'' in violation of clauses 2(b) or 2(c). Provisions that have been 
  ruled out as unauthorized under rule XXI clause 2 include:

     Appropriations for fiscal year 1979 for the Department of 
         Justice and its related agencies. Deschler Ch 26 Sec. 18.3.
     An appropriation for expenses incident to the special 
         instruction and training of United States attorneys and United 
         States marshals, their assistants and deputies, and United 
         States commissioners. Deschler Ch 26 Sec. 18.1.
     An appropriation for Coast Guard acquisitions, construction, 
         research, development, and evaluation. 95-1, June 8, 1977, pp 
         17945, 17946.
     An appropriation for the U.S. Customs Service air interdiction 
         program. 98-2, June 21, 1984, pp 17693, 17694.

[[Page 88]]

     An appropriation for liquidation of contract authority to pay 
         costs of certain subsidies granted by the Maritime 
         Administration. 92-1, June 24, 1971, p 21901.
     A provision permitting the Secretary of Labor and the 
         Secretary of Health, Education, and Welfare to use funds for 
         official reception and representation expenses. Deschler Ch 26 
         Sec. 20.19.
     A provision making funds available for distribution of 
         radiological instruments and detection devices to States by 
         loan or grant for civil defense purposes. Deschler Ch 26 
         Sec. 20.1.
     A provision making funds available for reimbursements of 
         government employees for use by them of their privately owned 
         automobiles on official business. Deschler Ch 26 Sec. 20.6.
     An appropriation for the American Revolution Bicentennial 
         Commission. 91-2, May 19, 1970, p 16165.
     An appropriation for the National Cancer Institute where a 
         lapsed periodic authorization scheme had preempted reliance on 
         an organic statute as the source of authorization. Manual 
         Sec. 1045.
     An appropriation for the President to meet ``unanticipated 
         needs.'' Manual Sec. 1045.

      The rulings cited in this division are intended to illustrate the 
  application of the rule requiring appropriations to be based on prior 
  authorization. No attempt has been made to indicate whether measures 
  similar to those ruled upon, if offered today, would in fact be 
  authorized under present laws.


  Sec. 16 . Agricultural Programs

                      Held Authorized by Existing Law

     An appropriation to be used to increase domestic consumption 
         of farm commodities. Deschler Ch 26 Sec. 11.1.
     Appropriations for cooperative range improvements (including 
         construction, maintenance, control of rodents, and eradication 
         of noxious plants in national forests). Deschler Ch 26 
         Sec. 11.3.
     An appropriation to enable the Secretary of Agriculture to 
         carry out the provisions of the National School Lunch Act of 
         1946. Deschler Ch 26 Sec. 11.5.
     Appropriations for the acquisition and diffusion of 
         information by the Department of Agriculture. 4 Hinds 
         Sec. 3649; Deschler Ch 26 Sec. 11.10.
     Appropriations for agricultural engineering research and for 
         programs relating to the prevention and control of dust 
         explosions and fires during the harvesting and storing of 
         agricultural products. Deschler Ch 26 Sec. 11.11.
     An appropriation for the purchase and installation of weather 
         instruments and the construction or repair of buildings of the 
         Weather Bureau. Deschler Ch 26 Sec. 11.16.

[[Page 89]]

                         Ruled Out as Unauthorized

     An appropriation for a celebration of the centennial of the 
         establishment of the Department of Agriculture. Deschler Ch 26 
         Sec. 11.2.
     A provision providing for the organization of a new bureau to 
         conduct investigations relating to agriculture. 4 Hinds 
         Sec. 3651.
     A provision providing for cooperation by and with State 
         agriculture investigators. 4 Hinds Sec. 3650; 7 Cannon 
         Sec. Sec. 1301, 1302.
     An appropriation to collect, compile, and analyze data 
         relating to consumer expenditures and savings. Deschler Ch 26 
         Sec. 11.7.
     An appropriation to permit the Department of Agriculture to 
         investigate and develop methods for the manufacture and 
         utilization of starches from cull potatoes and surplus crops. 
         Deschler Ch 26 Sec. 11.9.
     A provision for the refund of certain penalties to wheat 
         producers. Deschler Ch 26 Sec. 11.6.
     An amendment appropriating funds for the immediate acquisition 
         of domestic meat and poultry to be distributed consistently 
         with provisions of law relating to distribution of other foods. 
         93-2, June 21, 1974, p 20620.
     An appropriation for the control of certain crop diseases or 
         infestations. Deschler Ch 26 Sec. Sec. 11.12, 11.13.


  Sec. 17 . Programs Relating to Business or Commerce

                      Held Authorized by Existing Law

     An appropriation for the Director of the Bureau of the Census 
         to publish monthly reports on coffee stocks on hand in the 
         United States. Deschler Ch 26 Sec. 12.1.
     An appropriation for the Office of the Secretary of Commerce 
         for expenses of attendance at meetings of organizations 
         concerned with the work of his office. Deschler Ch 26 
         Sec. 12.6.

                         Ruled Out as Unauthorized

     An appropriation for sample surveys by the Census Bureau to 
         estimate the size and characteristics of the nation's labor 
         force and population. Deschler Ch 26 Sec. 12.2.
     An appropriation for necessary expenses in the performance of 
         activities and services relating to technological development 
         as an aid to business in the development of foreign and 
         domestic commerce. Deschler Ch 26 Sec. 12.4.
     An appropriation for travel in privately owned automobiles by 
         employees engaged in the maintenance and operation of remotely 
         controlled air-navigation facilities. Deschler Ch 26 Sec. 12.5.
     An appropriation for necessary expenses of the National Bureau 
         of Standards (including amounts for the standard reference data 
         program) for fiscal year 1979. Deschler Ch 26 Sec. 12.9.

[[Page 90]]

  Sec. 18 . Defense Programs

                      Held Authorized by Existing Law

     An appropriation for paving of streets and erection of 
         warehouses incident to the establishment of a naval station. 7 
         Cannon Sec. 1232.
     An appropriation to enable the President, through such 
         departments or agencies of the government as he might 
         designate, to carry out the provisions of the Act of March 11, 
         1941, to promote the defense of the United States. Deschler Ch 
         26 Sec. 13.3.

                         Ruled Out as Unauthorized

     An appropriation for transportation of successful candidates 
         to the Naval Academy. 7 Cannon Sec. 1234.
     An appropriation for establishment of shooting ranges and 
         purchase of prizes and trophies. 7 Cannon Sec. 1242.
     An appropriation for the construction and improvement of 
         barracks for enlisted men and quarters for noncommissioned 
         officers of the Army. Deschler Ch 26 Sec. 13.5.
     An amendment striking funds for a nuclear aircraft carrier 
         program and inserting funds for a conventional-powered aircraft 
         carrier program. Deschler Ch 26 Sec. 13.6.
     A provision increasing the funds appropriated for a fiscal 
         year for military assistance to South Vietnam and Laos. 93-2, 
         Apr. 10, 1974, p 10594.
     An appropriation for Veterans' Administration expenses for the 
         issuance of memorial certificates to families of deceased 
         veterans. Deschler Ch 26 Sec. 13.1.


  Sec. 19 . Funding for the District of Columbia

                    Held Authorized Under Existing Law

     An appropriation for opening, widening, or extending streets 
         and highways in the District of Columbia. 7 Cannon Sec. 1189.
     An appropriation for streetlights or for improving streets out 
         of a special fund created by the District of Columbia Gasoline 
         Tax Act. Deschler Ch 26 Sec. Sec. 11.15, 14.7.
     An appropriation for expenses of keeping school playgrounds 
         open during the summer months. Deschler Ch 26 Sec. 14.5.
     An appropriation for the preparation of plans and 
         specifications for a branch library building in the District of 
         Columbia. Deschler Ch 26 Sec. 14.13.

[[Page 91]]

                         Ruled Out as Unauthorized

     Appropriations for certain Federal office buildings in the 
         District of Columbia that were not approved by the Public Works 
         Committees of the House and Senate as required by the Public 
         Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
     A provision permitting the use of funds by the Office of the 
         Corporation Counsel to retain professional experts at rates 
         fixed by the commissioner. Deschler Ch 26 Sec. 14.1.
     An appropriation for the preparation of plans and 
         specifications for a new main library building in the District 
         of Columbia. Deschler Ch 26 Sec. 14.12.
     An appropriation for the salary and expenses of the Office of 
         Director of Vehicles and Traffic out of the District Gasoline 
         Tax Fund. Deschler Ch 26 Sec. 14.14.
     A provision permitting the Commissioners of the District of 
         Columbia to purchase a municipal asphalt plant. Deschler Ch 26 
         Sec. 14.19.
     An amendment making funds available for expenditure by the 
         American Legion in connection with its national convention. 
         Deschler Ch 26 Sec. 14.3.
     An appropriation to reimburse certain District of Columbia 
         officials for services and expenses. 7 Cannon Sec. 1184.


  Sec. 20 . Interior or Environmental Programs

                    Held Authorized Under Existing Law

     An appropriation for suppression of liquor or peyote traffic 
         among Indians. 7 Cannon Sec. Sec. 1210, 1212.
     An appropriation for the examination of mineral resources of 
         the national domain. 7 Cannon Sec. 1222.
     An appropriation for the development of an educational program 
         of the National Park Service. Deschler Ch 26 Sec. 15.17.
     An appropriation for the purpose of encouraging industry and 
         self-support among Indians and outlining areas of discretionary 
         authority to be exercised by the Secretary of the Interior. 
         Deschler Ch 26 Sec. 15.26.
     Appropriations for irrigation projects that had been 
         recommended by the Secretary of the Interior and approved by 
         the President. Deschler Ch 26 Sec. 15.30.

                         Ruled Out as Unauthorized

     An appropriation to enable the EPA to obtain reports as to the 
         probable adverse effect on the economy of certain Federal 
         environmental actions. Deschler Ch 26 Sec. 15.1.
     An appropriation to the EPA to establish an independent review 
         board to review the priorities of the agency. Deschler Ch 26 
         Sec. 15.2.

[[Page 92]]

     A provision authorizing the Secretary of the Interior, in 
         administering the Bureau of Reclamation, to contract for 
         medical services for employees and to make certain payroll 
         deductions. Deschler Ch 26 Sec. 15.9.
     An appropriation for the Division of Investigations in the 
         Department of the Interior, to be expended under the direction 
         of the Secretary, to meet unforeseen emergencies of a 
         confidential character. Deschler Ch 26 Sec. 15.12.
     An appropriation ``out of the general funds of the Treasury'' 
         (and not the reclamation fund) for investigations of proposed 
         Federal reclamation projects. Deschler Ch 26 Sec. 15.28.
     A provision requiring that part of an appropriation for 
         general wildlife conservation be earmarked expressly for the 
         leasing and management of land for the protection of the 
         Florida Key deer. Deschler Ch 26 Sec. 15.5.
     An appropriation for the National Power Policy Committee to be 
         used by the committee in the performance of functions 
         prescribed by the President. Deschler Ch 26 Sec. 15.7.


  Sec. 21 . Programs Relating to Foreign Affairs

                      Held Authorized by Existing Law

     An appropriation for transportation and subsistence of 
         diplomatic and consular officers en route to and from their 
         posts. 7 Cannon Sec. 1251.
     A provision earmarking an amount for a contribution to the 
         International Secretariat on Middle Level Manpower. Deschler Ch 
         26 Sec. 17.2.
     An appropriation for the obligation assumed by the United 
         States in accepting membership in the International Labor 
         Organization. Deschler Ch 26 Sec. 17.3.
     An amendment providing funds for a health exhibit at the 
         Universal and International Exhibition of Brussels. Deschler Ch 
         26 Sec. 17.6.
     An appropriation for commercial attaches to be appointed by 
         the Secretary of Commerce. 7 Cannon Sec. 1257.
     An appropriation to compensate the owners of certain vessels 
         seized by Ecuador. Deschler Ch 26 Sec. 17.1.

                         Ruled Out as Unauthorized

     An amendment to earmark part of the appropriation for the 
         United States Information Agency to provide facilities for the 
         translation and publication of books and other printed matter 
         in various foreign languages. Deschler Ch 26 Sec. 17.7.
     Appropriations for incidental and contingent expenses in the 
         consular and diplomatic service. 4 Hinds Sec. 3609.
     An appropriation for the Foreign Service Auxiliary. Deschler 
         Ch 26 Sec. 17.14.
     An appropriation for the salary of a particular U.S. minister 
         to a foreign country where the Senate had not confirmed the 
         appointee. Deschler Ch 26 Sec. 17.17.

[[Page 93]]

     An amendment providing funds for acquisition of sites and 
         buildings for embassies in foreign countries. 4 Hinds 
         Sec. 3606.


  Sec. 22 . Legislative Branch Funding

      It is not in order to provide in an appropriation bill for 
  payments to employees of the House unless the House by prior action 
  has authorized such payments. 4 Hinds Sec. 3654. Such authorization is 
  generally provided for by resolution from the Committee on House 
  Administration. The House in appropriating funds for an employee may 
  not go beyond the terms of the resolution creating the office. 4 Hinds 
  Sec. 3659.
      A resolution of the House has been held sufficient authorization 
  for an appropriation for the salary of an employee of the House even 
  though on one occasion the resolution may have been agreed to only by 
  a preceding House. 4 Hinds Sec. Sec. 3656-3658, 3660. A resolution 
  intended to justify appropriations beyond the term of a Congress is 
  ``made permanent law'' by a legislative provision in a Legislative 
  Branch Appropriation Act.

                              Held Authorized

     Funds for employment of counsel to represent Members and to 
         appear in court officially. 7 Cannon Sec. 1311.
     Funds for expenses incurred in contested election cases when 
         properly certified. 7 Cannon Sec. 1231.
     Salaries for certain House employees. 91-1, Aug. 5, 1969, p 
         22197.
     An increase in the salary of an officer of the House. 89-2, 
         Sept. 8, 1966, p 22020.
     The salary of the Chief of Staff of the Joint Committee on 
         Internal Revenue Taxation. 92-2, Oct. 4, 1972, p 33744.
     Salary adjustments for certain House employees. 92-2, Jan. 27, 
         1972, p 1531.
     Overtime compensation for employees of the Publications 
         Distribution Service (Folding Room). 92-2, Mar. 2, 1972, p 
         6627.
     Costs of stenographic services and transcripts in connection 
         with a meeting or hearing of a committee. Manual Sec. 789.
     Certain costs associated with the organizational meeting of 
         the Democratic Caucus or Republican Conference. Manual 
         Sec. 1126.
     The transfer of surplus prior-year funds to liquidate certain 
         current obligations of the House. Deschler Ch 25 Sec. 5.3.

                         Ruled Out as Unauthorized

     An increase in the total amount for salaries of Members beyond 
         that authorized. Deschler Ch 26 Sec. 21.2.
     An allowance payable to the attending physician of the 
         Capitol. 86-2, May 17, 1960, p 10447.

[[Page 94]]

     Funds for a parking lot for the use of Members and employees 
         of Congress. Deschler Ch 26 Sec. 20.3.
     Funds for employment by the Committee on Appropriations of 50 
         qualified persons to investigate and report on the progress of 
         certain contracts let by the United States. Deschler Ch 26 
         Sec. 20.2.


  Sec. 23 . Salaries and Related Benefits

      Language in a general appropriation bill providing funding for 
  salaries that are not authorized by law is in violation of rule XXI 
  clause 2(a). Such propositions, whether to appropriate for salaries 
  not established by law or to increase salaries fixed by law, are out 
  of order either as unauthorized or as changing existing law. 4 Hinds 
  Sec. Sec. 3664-3667, 3676-3679; Deschler Ch 26 Sec. 43. The mere 
  appropriation for a salary for one year does not create an office so 
  as to justify appropriations in succeeding years. 4 Hinds 
  Sec. Sec. 3590, 3697. However, it has been held that a point of order 
  does not lie against a lump-sum appropriation for increased pay costs 
  as being unauthorized where language in the bill limits use of the 
  appropriation to pay costs ``authorized by or pursuant to law.'' 
  Deschler Ch 25 Sec. 2.20.

                         Ruled Out as Unauthorized

     Funds for necessary expenses for a designated number of 
         officers on the active list of an agency. 98-2, May 31, 1984, p 
         14590.
     Funds for salaries and expenses of the Commission on Civil 
         Rights above the amount authorized by existing law for that 
         purpose. 92-1, June 24, 1971, p 21902.
     Funds for salaries and expenses of additional inspectors in 
         the U.S. Customs Service. 98-2, Aug. 1, 1984, pp 21904, 21905.
     A salary of $10,000 per year for the wife of the President for 
         maintaining the White House. Deschler Ch 26 Sec. 20.13.


                     D. Authorization for Public Works


  Sec. 24 . In General

      Language in a general appropriation bill providing funding for a 
  public work that is not authorized by law is in violation of rule XXI 
  clause 2(a), unless the project can be deemed a work in progress 
  within the meaning of that rule. Deschler Ch 26 Sec. 19.13; 
  seeSec. 25, infra. An appropriation for a public work in excess of the 
  amount fixed by law, or for extending a public service beyond the 
  limits assigned by an executive officer exercising a lawful 
  discretion, is out of order. 4 Hinds Sec. Sec. 3583, 3584, 3598; 7 
  Cannon Sec. 1133.

[[Page 95]]

                      Held Authorized by Existing Law

     An appropriation for necessary advisory services to public and 
         private agencies with regard to construction and operation of 
         airports and landing areas. Deschler Ch 26 Sec. 19.4.
     An amendment proposing to increase a lump-sum appropriation 
         for river and harbor projects. Deschler Ch 26 Sec. 19.6.
     An appropriation for the Tennessee-Tombigbee inland waterway. 
         Deschler Ch 26 Sec. 19.9.
     An appropriation for construction of transmission lines from 
         Grand Coulee Dam to Spokane. Deschler Ch 25 Sec. 19.11.

                         Ruled Out as Unauthorized

     Language providing an additional amount for construction of 
         certain public buildings. Deschler Ch 26 Sec. 19.1.
     Appropriations for certain Federal office buildings in the 
         District of Columbia where not approved by the Public Works 
         Committees of the House and Senate as required by the Public 
         Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
     An appropriation for construction of a connecting highway 
         between the United States and Alaska. Deschler Ch 26 Sec. 19.5.
     An amendment making part of an appropriation to the Army Corps 
         of Engineers for flood control available for studying specified 
         work of the Bureau of Reclamation. Deschler Ch 26 Sec. 19.8.
     A provision appropriating certain trust funds for expenses 
         relating to forest roads and trails. Deschler Ch 26 Sec. 28.2.


  Sec. 25 . Works in Progress

      Rule XXI clause 2(a), the rule that bars appropriations not 
  previously authorized by law, provides for an exception for 
  appropriations for ``public works and objects that are already in 
  progress.'' Manual Sec. 1036. Thus, when the construction of a public 
  building has commenced and there is no limit of cost, further 
  appropriations may be made under the exception for works in progress. 
  Deschler Ch 26 Sec. 8.1. The exception for works in progress under 
  rule XXI may apply even though the original appropriation for the 
  project was unauthorized. 7 Cannon Sec. 1340; Deschler Ch 26 Sec. 8.2.
      Historically, the works-in-progress exception has been applied 
  only to projects funded from the general fund of the Treasury for 
  which no authorization has been enacted. It does not apply to language 
  changing existing law by extending the authorized availability of 
  funds or in contravention of law restricting use of a special fund. An 
  appropriation for construction that is in violation of existing law, 
  which exceeds the limit fixed by law, or is governed by a lapsed 
  authorization is not permitted under the works-in-

[[Page 96]]

  progress exception of rule XXI. Manual Sec. 1048; 4 Hinds 
  Sec. Sec. 3587, 3702; 7 Cannon Sec. 1332.
      The tendency of later decisions is to narrow the application of 
  the exception under rule XXI clause 2(a) making in order 
  appropriations for works in progress. 7 Cannon Sec. 1333. The work in 
  question, to qualify under the rule, must have moved beyond the 
  planning stage. 7 Cannon Sec. 1336. To come within the terms of the 
  rule, it must be actually ``in progress,'' according to the usual 
  significance of those words, with actual work having been initiated. 4 
  Hinds Sec. 3706; Deschler Ch 26 Sec. 8.5. Merely selecting or 
  purchasing a site for the construction of a building is not 
  sufficient. 4 Hinds Sec. Sec. 3762, 3785. However, the fact that the 
  work has been interrupted--even for several years--does not prevent it 
  from qualifying under the works-in-progress exception of clause 2(a). 
  4 Hinds Sec. Sec. 3707, 3708.
      To establish that actual work has begun on the project, the Chair 
  may require some documentary evidence that work has been initiated. 
  Deschler Ch 26 Sec. 8.5. To this end, the Chair may consider a letter 
  from an executive officer charged with the duty of constructing the 
  project. Deschler Ch 26 Sec. 8.2. News articles merely suggesting that 
  work may have begun have been regarded as insufficient evidence that 
  work is in progress within the meaning of the rule. Deschler Ch 26 
  Sec. 8.7.


  Sec. 26 . -- What Constitutes a Work in Progress

      The term ``works and objects'' in the exception to the rule 
  prohibiting unauthorized appropriations is construed as something 
  tangible, such as a building or road. 4 Hinds Sec. Sec. 3714, 3715; 
  see also Deschler Ch 26 Sec. 8. The term does not extend to projects 
  that are indefinite as to completion and intangible in nature, such as 
  the gauging of streams or an investigation. 4 Hinds Sec. Sec. 3714, 
  3715, 3719. The term does not extend to the ordinary duties of an 
  executive or administrative office. 4 Hinds Sec. Sec. 3709, 3713.
      Appropriations for extension or repair of an existing road (4 
  Hinds Sec. Sec. 3793, 3798), bridge (4 Hinds Sec. 3803), or public 
  building have been admitted as in continuation of a work (4 Hinds 
  Sec. Sec. 3777, 3778), although it is not in order as such to provide 
  for a new building in place of one destroyed (4 Hinds Sec. 3606). The 
  purchase of adjoining land for a work already established has been 
  admitted under this principle (4 Hinds Sec. Sec. 3766-3773), as well 
  as additions to or extensions of existing public buildings (4 Hinds 
  Sec. Sec. 3774, 3775). However, the purchase of a separate and 
  detached lot of land is not admitted. 4 Hinds Sec. 3776.
      Appropriations for new buildings as additional structures at 
  government institutions have sometimes been admitted (4 Hinds 
  Sec. Sec. 3741-3750), but

[[Page 97]]

  propositions to appropriate for new buildings that were not necessary 
  adjuncts to the institution have been ruled out (4 Hinds 
  Sec. Sec. 3755-3759).
      Projects that have qualified as a work in progress under rule XXI 
  clause 2(a) include:

     A topographical survey. 7 Cannon Sec. 1382.
     The continuation of construction at the Kennedy Library, a 
         project owned by the United States and funded by a prior year's 
         appropriation. Manual Sec. 1049.
     A continuation of aircraft experimentation and development. 
         69-1, Jan. 22, 1926, p 2623.

      Projects that have been ruled out because they did not qualify as 
  a work in progress under rule XXI clause 2(a) include:

     New Army hospitals. 4 Hinds Sec. 3740.
     A new lighthouse. 4 Hinds Sec. 3728.
     An extension of an existing road. Manual Sec. 1049.

   III. Legislation in General Appropriation Bills; Provisions Changing 
                               Existing Law


                               A. Generally


  Sec. 27 . The Restrictions of Rule XXI Clause 2

                     In General; Historical Background

      Almost continuously since the 44th Congress, the rules have 
  contained language forbidding the inclusion in general appropriation 
  bills of language ``changing existing law.'' In 1835, when it became 
  apparent that appropriation bills were being delayed because of the 
  intrusion of legislative matters, John Quincy Adams suggested the 
  desirability of a plan that such bills ``be stripped of everything but 
  the appropriations.'' 4 Hinds Sec. 3578.
      Today, rule XXI clause 2 provides that, with two exceptions, ``A 
  provision changing existing law may not be reported in a general 
  appropriation bill . . .'' and that ``An amendment to a general 
  appropriation bill shall not be in order if changing existing law.'' 
  The exceptions set forth in clause 2(b) are for germane provisions 
  that change existing law in a way that would ``retrench'' 
  expenditures, and for rescissions of previously enacted 
  appropriations. Manual Sec. 1038; see Sec. 46, infra.
      Language changing existing law in violation of rule XXI often is 
  referred to as ``legislation on an appropriation bill.'' Deschler Ch 
  26 Sec. 1. What ``legislation'' means in this context is a change in 
  an existing law that governs how appropriations may be used.

[[Page 98]]

      Like the rule generally prohibiting unauthorized appropriations, 
  the restriction against legislating on general appropriation bills is 
  only enforced if a Member takes the initiative to enforce it by 
  raising a point of order. See Sec. 67, infra. Such a point of order 
  may be waived pursuant to various procedural devices. See Sec. 68, 
  infra.
      The rule against legislation in appropriation bills is limited to 
  general appropriation bills. Thus, a joint resolution merely 
  continuing appropriations for government agencies pending enactment of 
  the regular appropriation bills is not subject to the rule XXI clause 
  2 prohibitions against legislative language. A point of order under 
  this rule does not apply to a special order reported from the 
  Committee on Rules ``self-executing'' the adoption in the House of an 
  amendment changing existing law. Manual Sec. 1044.

                           Construction of Rule

      The rule that forbids language in a general appropriation bill 
  that changes existing law is strictly construed. Deschler Ch 26 
  Sec. 64.23. The restriction is construed to apply not only to changes 
  in an existing statute but also to the enactment of law where none 
  exists, to language repealing existing law (Sec. 28, infra), to a 
  provision making changes in court interpretations of statutory law 
  (96-2, Aug. 19, 1980, p 21978), and to a proposition to change a rule 
  of the House (4 Hinds Sec. 3819). The fact that legislative language 
  may have been included in appropriation Acts in prior years and made 
  applicable to funds in those laws does not permit the inclusion in a 
  general appropriation bill of similar language. Manual Sec. 1053.
      Under rule XXI clause 2(c), the restriction against changing 
  existing law applies specifically to amendments to general 
  appropriation bills. Manual Sec. 1039. It follows that if a motion to 
  recommit with instructions constitutes legislation on an appropriation 
  bill, the motion is subject to a point of order. Deschler Ch 26 
  Sec. 1.4.

                              Burden of Proof

      Where a point of order is raised against a provision in a general 
  appropriation bill as constituting legislation in violation of rule 
  XXI clause 2, the burden of proof is on the Committee on 
  Appropriations to show that the language is valid under the precedents 
  and does not change existing law. Deschler Ch 26 Sec. 22.30. 
  Provisions in the bill, described in the accompanying report as 
  directly or indirectly changing the application of existing law, are 
  presumably legislation in violation of rule XXI clause 2, in the 
  absence of rebuttal by the committee. Deschler Ch 26 Sec. 22.27. 
  Similarly, the proponent of an amendment against which a point of 
  order has been raised and documented as constituting legislation on an 
  appropriation bill has the

[[Page 99]]

  burden of proving that the amendment does not change existing law. 
  Manual Sec. 1044; Deschler Ch 26 Sec. 22.29.


  Sec. 28 . Changing Existing Law by Amendment, Enactment, or Repeal; 
            Waivers

      The prohibition of rule XXI clause 2 against inclusion of a 
  ``provision changing existing law'' is construed as follows:

     A change in the text of existing law. Deschler Ch 26 
         Sec. Sec. 23.11, 24.6.

      Note: Existing law may be repeated verbatim in an appropriation 
  bill, but the slightest change of the text causes it to be ruled out. 
  4 Hinds Sec. Sec. 3414, 3817; 7 Cannon Sec. Sec. 1391, 1394.

     The enactment of law where none exists.

      Note: The provision of the rule forbidding legislation in any 
  general appropriation bill is construed as the enactment of law where 
  none exists, such as permitting funds to remain available until 
  expended or beyond the fiscal year covered by the bill, or immediately 
  upon enactment, where existing law permits no such availability. 
  Manual Sec. 1052; 4 Hinds Sec. Sec. 3812, 3813.

     The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26 
         Sec. Sec. 24.1, 24.7.
     A waiver of a provision of existing law. Manual Sec. 1052; 
         Deschler Ch 26 Sec. Sec. 24.5, 34.14, 34.15.

      Note: A waiver may be regarded as legislation on an appropriation 
  bill where it uses such language as ``notwithstanding the provisions 
  of any other law'' or ``without regard to [sections of] the Revised 
  Statutes.'' Deschler Ch 26 Sec. Sec. 24.8, 26.6.


  Sec. 29 . Imposing Contingencies and Conditions

                      Generally; Conditions Precedent

      Provisions making an appropriation contingent on a future event 
  are often presented in appropriation bills. Manual Sec. 1053. Such 
  contingencies may be phrased as conditions to be complied with, as in 
  ``funds shall be available when the Secretary has reported,'' or as 
  restrictions on funding, as in ``No funds until the Secretary has 
  reported.'' Similar tests are applied in both formulations in 
  determining whether the language constitutes legislation on an 
  appropriation bill: Is the contingency germane or does it change 
  existing law? Deschler Ch 26 Sec. 49.2. Does it impose new duties (for 
  example, to report) where none exist under law? See Sec. 31, infra.
      Precedents discussed in sections 29-31, relating to 
  ``conditions,'' could in many instances be cited under the discussion 
  in sections 20-59a, relating

[[Page 100]]

  to ``limitations.'' Language imposing a ``negative restriction'' is 
  not a proper limitation and constitutes ``legislation,'' if it creates 
  new law or requires positive determinations and actions where none 
  exist in law. See Sec. 56, infra.
      The proscription against changing existing law is applicable to 
  those instances in which the whole appropriation is made contingent 
  upon an event or circumstance as well as those in which the 
  disbursement to a particular participant is conditioned on the 
  occurrence of an event. Deschler Ch 26 Sec. Sec. 47, 48. The terms 
  ``unless,'' ``until,'' or ``provided,'' in an amendment or proviso are 
  clues that the language may contain a condition that is subject under 
  rule XXI clause 2(b) or (c) to a point of order. Language that has 
  been ruled out pursuant to this rule include:

     An amendment providing that funds shall not be available for 
         any broadcast of information about the U.S. until the radio 
         script for such broadcast has been approved by the Daughters of 
         the American Revolution. Deschler Ch 26 Sec. 47.1.
     An amendment to require, as a condition to the availability of 
         funds, the imposition of standards of quality or performance. 
         Deschler Ch 26 Sec. 59.1.
     A provision providing that none of the funds should be used 
         unless certain procurement contracts were awarded on a formally 
         advertised basis to the lowest responsible bidder. Deschler Ch 
         26 Sec. 23.14.
     An amendment making the money available on certain 
         contingencies that would change the lawful mode of payment. 
         Deschler Ch 26 Sec. 48.1.
     An amendment denying the obligation or expenditure of certain 
         funds unless such funds were subject to audit by the 
         Comptroller General. Deschler Ch 26 Sec. 47.8. (A subsequent 
         amendment that denied the use of funds not subject to audit 
         ``as provided by law'' was offered and adopted.)
     A provision making certain funds for an airport available for 
         an access road (a Federal project) provided Virginia makes 
         available the balance of funds necessary for the construction 
         of the road. Deschler Ch 26 Sec. 48.7.
     A provision providing that no part of the appropriation for 
         certain range improvements shall be expended in any national 
         forest until contributions at least equal to such expenditures 
         are made available by local public or private sources. Deschler 
         Ch 26 Sec. 48.6.
     A provision stating that no part of the funds shall be used 
         ``unless and until'' approved by the Director of the Bureau of 
         the Budget. Deschler Ch 26 Sec. 48.3.
     A proviso that no funds shall be available for certain 
         expenditures unless made in accordance with a budget approved 
         by the Public Housing Commissioner. Deschler Ch 26 Sec. 48.4.
     An amendment specifying that no funds made available may be 
         expended until total governmental tax receipts exceed total 
         expenditures. Deschler Ch 26 Sec. 48.11.

[[Page 101]]

     An amendment containing certification requirements and 
         mandating certain contractual provisions as a condition to the 
         receipt of funds. Manual Sec. 1054.


  Sec. 30 . -- Conditions Requiring Reports to, or Action by, Congress

                   Reporting to Congress as a Condition

      It is legislation on a general appropriation bill in violation of 
  rule XXI clause 2 to require the submission of reports to a committee 
  of Congress where existing law does not require that submission. 
  Manual Sec. 1054. Thus, an amendment to a general appropriation bill 
  precluding the availability of funds therein unless agencies submit 
  reports to the Committee on Appropriations--reports not required to be 
  made by existing law--constitutes legislation in violation of that 
  rule. 98-1, Nov. 2, 1983, p 30496; 99-1, July 25, 1985, pp 20806, 
  20807.

                     Congressional Action as Condition

      Under the more recent precedents, it is not in order by way of 
  amendment to make the availability of funds in a general appropriation 
  bill contingent upon subsequent congressional action. Manual 
  Sec. 1053; 90-2, June 11, 1968, p 16692; 96-1, Sept. 6, 1979, pp 
  23360, 23361. Such a condition changes existing law if its effect is 
  to require a subsequent authorization which, when enacted, will 
  automatically make funds available for expenditure without further 
  appropriations. Such a result is contrary to the process contemplated 
  in rule XXI whereby appropriations are dependent on prior 
  authorization. Deschler Ch 26 Sec. 49.2 (note). Language making the 
  availability of funds contingent upon the enactment of authorizing 
  legislation raises a presumption that the appropriation is then 
  unauthorized. 98-1, Sept. 19, 1983, pp 24640, 24641. Indeed, a 
  conditional appropriation based on enactment of authorization is a 
  concession on the face of the language that no prior authorization 
  exists. Deschler Ch 26 Sec. 47.3 (note).
      It is not in order on a general appropriation bill to direct the 
  activities of a committee, such as to require it to promulgate 
  regulations to limit the use of an appropriation. Manual Sec. 1055. As 
  such, an amendment to a general appropriation bill including language 
  to direct the budget scorekeeping for amounts appropriated was held to 
  constitute legislation and was ruled out of order under rule XXI 
  clause 2. 103-1, May 26, 1993, p 11317-19.

[[Page 102]]

      Other conditions relative to congressional action that have been 
  ruled out as legislation include:

     An amendment providing that no part of the funds in the bill 
         shall be used for the enforcement of any order restricting sale 
         of any article or commodity unless such order shall have been 
         approved by a concurrent resolution of the Congress. Deschler 
         Ch 26 Sec. 49.2.
     A provision requiring that certain contracts be authorized by 
         the appropriate legislative committees and in amounts specified 
         by the Committees on Appropriations of the Senate and House. 
         Deschler Ch 26 Sec. 49.5.
     An amendment making the availability of funds in the bill 
         contingent upon subsequent enactment of legislation containing 
         specified findings. Manual Sec. 1055.
     An amendment changing a permanent appropriation in existing 
         law to restrict its availability until all general 
         appropriation bills are presented to the President. Manual 
         Sec. 1055.
     An amendment limiting funds in the bill for certain 
         peacekeeping operations unless authorized by Congress. 103-2, 
         June 27, 1994, p 14613.
     A provision restricting certain District of Columbia funds 
         unless appropriated by Congress where existing law allowed use 
         without congressional approval. Manual Sec. 1055.


  Sec. 31 . -- Conditions Imposing Additional Duties

      Where a condition in an appropriation bill or amendment thereto 
  seeks to impose on a Federal official substantial duties that are 
  different from or in addition to those already contemplated in law, 
  the provision may be ruled out as legislative in nature. Manual 
  Sec. 1055. Thus, although it is in order on a general appropriation 
  bill to prohibit the availability of funds therein for a certain 
  activity, that prohibition may not be made contingent upon the 
  performance of a new affirmative duty on the part of a Federal 
  official. Deschler Ch 26 Sec. 50. Other provisions that have been 
  ruled out under this rule include:

     An amendment providing that no part of the money appropriated 
         shall be paid to any State unless and until the Secretary of 
         Agriculture is satisfied that such State has complied with 
         certain conditions. Deschler Ch 26 Sec. 50.2.
     A provision providing that no part of a certain appropriation 
         shall be available until it is determined by the Secretary of 
         the Interior that authorization therefor has been approved by 
         the Congress. Deschler Ch 26 Sec. 50.3.
     An amendment providing that none of the money appropriated 
         shall be paid to persons in a certain category unless hereafter 
         appointed or reappointed by the President and confirmed by the 
         Senate. Deschler Ch 26 Sec. 50.4.
     A provision prohibiting the use of funds to pay for services 
         performed abroad under contract ``unless the President shall 
         have promulgated'' certain security regulations. Deschler Ch 26 
         Sec. 50.5.

[[Page 103]]

     An amendment providing that no part of the appropriation shall 
         be used for land acquisition for airport access roads until the 
         Federal Aviation Administration shall have held public 
         hearings. Deschler Ch 26 Sec. 50.6.
     An amendment rendering an appropriation for energy 
         conservation services contingent upon recommendations by 
         Federal officials. Deschler Ch 26 Sec. 50.7.
     A provision making the availability of certain funds 
         contingent on legal determinations to be made by a Federal 
         court and an executive department. 100-2, June 28, 1988, p 
         16261.
     An amendment requiring a determination of ``successor agency'' 
         status. Manual Sec. 1054.
     An exception to a limitation on funds requiring determinations 
         of ``equivalence'' of health benefits plans. Manual Sec. 1054.


  Sec. 32 . Language Describing, Construing, or Referring to Existing 
            Law

                                 Generally

      It is in order in a general appropriation bill to include language 
  descriptive of authority provided in law as long as the description is 
  precise and does not change that authority in any respect. Deschler Ch 
  26 Sec. 23.1. However, language in an appropriation bill construing or 
  interpreting existing law, although cast in the form of a limitation, 
  is legislation and not in order. Deschler Ch 26 Sec. 24. Likewise, an 
  amendment that does not limit or restrict the use or expenditure of 
  funds in the bill, but that directs the way in which provisions in the 
  bill must be interpreted or construed, is legislation. Deschler Ch 26 
  Sec. 25.15. The rationale underlying this rule is that a provision 
  proposing to construe existing law is in itself a proposition of 
  legislation and therefore not in order. Manual Sec. 1054; 4 Hinds 
  Sec. Sec. 3936-3938. Provisions that have been ruled out pursuant to 
  this rule include:

     A provision broadening beyond existing law the definition of 
         services to be funded by an appropriation. Deschler Ch 26 
         Sec. 25.8.
     A provision defining certain expenses as 
         ``nonadministrative,'' for purposes of making a computation. 
         Deschler Ch 26 Sec. Sec. 22.13, 25.4.
     A provision making appropriations available for purchase of 
         station wagons ``without such vehicles being considered as 
         passenger motor vehicles.'' Deschler Ch 26 Sec. 22.12.
     An amendment construing certain language so as to permit the 
         withholding of funds for specific military construction 
         projects upon a determination that elimination of such projects 
         would not adversely affect national defense. Deschler Ch 26 
         Sec. 25.9.
     An amendment providing that nothing in the Act shall restrict 
         the authority of the Secretary of Education to carry out the 
         provisions of title VI of the Civil Rights Act of 1964. 96-2, 
         Aug. 27, 1980, p 23535.

[[Page 104]]

     A provision stating that a limitation on funds in the pending 
         appropriation bill is to be considered a prohibition against 
         payments to certain parties in administrative proceedings. 100-
         2, May 17, 1988, p 11305.
     A provision directing the Selective Service Administration to 
         issue regulations to bring its classifications into conformance 
         with a Supreme Court decision. Manual Sec. 1055.
     An amendment that expresses the sense of Congress that 
         reductions in appropriations in other bills should reflect the 
         proportionate reductions made in the pending bill. 101-2, Oct. 
         21, 1990, p 31709.

                Incorporation by Reference to Existing Law

      An amendment to a general appropriation bill that incorporates by 
  reference the provisions of an existing law may be subject to a point 
  of order. 88-1, Oct. 10, 1963, pp 19258-60. Thus, in 1976, a paragraph 
  in a bill containing funds for the Corporation for Public Broadcasting 
  to be available ``in accordance with the provisions of titles VI and 
  VII of the Civil Rights Act of 1964'' was ruled out as legislation in 
  violation of rule XXI clause 2, where it could not be shown that the 
  corporation was already subject to the provisions of that law. 94-2, 
  June 24, 1976, pp 20414, 20415. Other provisions ruled out for the 
  same reason include:

     A provision referring to conditions imposed on certain 
         programs in other appropriation Acts and making those 
         conditions applicable to the funds being appropriated in the 
         bill under consideration. Deschler Ch 26 Sec. 22.6.
     A provision in a general appropriation bill prescribing that 
         the provisions of a House-passed resolution ``shall be the 
         permanent law with respect thereto.'' Deschler Ch 26 Sec. 22.7.


  Sec. 33 . Particular Propositions as Legislation

      The prohibition of rule XXI clause 2 against a provision changing 
  existing law has been applied to a wide variety of proposals. A 
  sampling of these provisions, classified by subject matter, is set out 
  below.

                    Provisions Relating to Agriculture

     An amendment curtailing the use of funds for price support 
         payments to certain persons and defining the term ``person'' to 
         mean an individual, partnership, firm, joint stock company, or 
         the like. Deschler Ch 26 Sec. 39.10.
     An amendment providing that certain loans be exclusively for 
         the construction and operation of generating facilities for 
         furnishing electric energy to persons in certain rural areas. 
         Deschler Ch 26 Sec. 39.5.
     A proviso that certain land banks shall be examined once a 
         year instead of at least twice as provided by law, and changing 
         the law with reference to salaries of employees engaged in such 
         examinations. Deschler Ch 26 Sec. 39.9.

[[Page 105]]

                      Provisions Relating to Commerce

     A provision carrying an appropriation for all expenses of the 
         Bureau of the Census necessary to collect, compile, analyze, 
         and publish a sample census of business. Deschler Ch 26 
         Sec. 40.5.
     A provision providing that functions necessary to the 
         compilation of foreign trade statistics be performed in New 
         York instead of Washington, DC. Deschler Ch 26 Sec. 40.4.

                  Provisions Relating to Foreign Affairs

     A provision expressing the sense of the Congress concerning 
         the representation of the Chinese government in the United 
         Nations. Deschler Ch 26 Sec. 41.4.
     An amendment providing that ``a reasonable amount'' of the 
         funds provided to the Organization of American States may be 
         available for distribution in certain underdeveloped areas in 
         the United States. Deschler Ch 26 Sec. 41.9.
     An amendment stating the sense of Congress that any new Panama 
         Canal treaty must not abrogate or vitiate the ``traditional 
         interpretation'' of past Panama Canal treaties, with special 
         reference to territorial sovereignty. Deschler Ch 26 
         Sec. 41.10.
     An amendment requiring a determination of a ``successor 
         agency'' to the Palestine Broadcasting Corporation. Manual 
         Sec. 1054.

                 Provisions Relating to Federal Employment

     A provision changing the compensation received by government 
         employees under the law. 4 Hinds Sec. Sec. 3871, 3881.
     A proposition to increase the number of employees fixed by 
         law. 7 Cannon Sec. 1456; Deschler Ch 26 Sec. 43.13.
     A provision authorizing a change in the manner of appointment 
         of clerks. 4 Hinds Sec. 3880.
     A provision permitting an executive official to delegate to an 
         administrative officer the authority to make appointments of 
         certain personnel. Deschler Ch 26 Sec. 45.5.
     A provision authorizing the Secretary of Defense to adjust the 
         wages of certain civilian employees. Manual Sec. 1054.
     A provision making it a felony for a member of an organization 
         of government employees that asserts the right to strike 
         against the government to accept salary or wages paid from 
         funds contained in the pending bill. Deschler Ch 26 Sec. 43.2.
     A provision providing that the Secretary of State may, in his 
         discretion, terminate the employment of an employee whenever he 
         shall deem such termination necessary or advisable in the 
         interests of the United States. Deschler Ch 26 Sec. 43.4.
     A provision exempting persons appointed to part-time 
         employment as members of a civil service loyalty board from 
         application of certain statutes. Deschler Ch 26 Sec. 43.15.

[[Page 106]]

     Provisions Relating to Congressional Employment and Compensation

     A provision increasing or providing additional salary to 
         Members of Congress. Deschler Ch 26 Sec. Sec. 44.1, 44.2.
     A provision increasing the Members' telegraph, stationery, and 
         telephone allowances. Deschler Ch 26 Sec. 44.7.
     An amendment requiring a committee to promulgate rules to 
         limit the amount of official mail sent by Members. Deschler Ch 
         26 Sec. 44.10.
     An amendment providing that the clerk-hire roll of each Member 
         be increased by one employee. Deschler Ch 26 Sec. 44.3.
     An amendment proposing that each Member may pay to a clerk-
         hire employee $8,000 in lieu of $6,000 as basic compensation. 
         Deschler Ch 26 Sec. 44.5.
     An amendment changing the procedure for the employment of 
         committee staff personnel. Deschler Ch 26 Sec. 44.9.
     A provision mandating that House offices institute a waste 
         recycling program. 106-1, June 10, 1999, p ____.

         Provisions Relating to Housing and Public Works Programs

     A provision restricting the contract authority of the Housing 
         and Home Finance Administrator to an amount ``within the limits 
         of appropriations made available therefor.'' Deschler Ch 26 
         Sec. 45.3.
     A provision prohibiting occupancy of certain housing by 
         persons belonging to organizations designated as subversive and 
         requiring such prohibition to be enforced by local housing 
         authorities. Deschler Ch 26 Sec. 45.1.
     An appropriation for the construction of buildings for storage 
         of certain equipment and including a stated limit of cost for 
         construction of any such building. Deschler Ch 26 Sec. 45.7.
     A provision to create ``necessary and special facilities'' for 
         transporting the mails on railroads. 4 Hinds Sec. 3804.

                      B. Changing Prescribed Funding

  Sec. 34 . In General

                     Generally; Mandating Expenditures

      Language in a general appropriation bill is permitted where it is 
  drafted simply as a negative restriction or limitation on the use of 
  funds. Sec. 50, infra. Such limitations may negatively affect the 
  allocation of funds as contemplated in existing law, but may not 
  explicitly change statutory directions for distribution. Manual 
  Sec. 1056; Deschler Ch 26 Sec. 77.2. It is in violation of rule XXI 
  clause 2 to include language in a general appropriation bill directing 
  that funds therein be obligated or distributed in a manner that is 
  contrary to existing law. Manual Sec. 1057. Language directing that 
  funds in the bill

[[Page 107]]

  shall be distributed ``without regard to the provisions'' of the 
  authorizing legislation is subject to a point of order. Deschler Ch 26 
  Sec. 36.1.
      The Committee on Appropriations may report a limitation on the 
  availability of funds within the reported bill. However, a limitation 
  on the obligation of funds, or a removal of an existing statutory 
  limitation on the obligation of funds contained in existing law, is 
  legislation and in violation of rule XXI clause 2. 103-1, Sept. 23, 
  1993, p 22203.
      If existing law places a limit or cap on the total amount that may 
  be spent on a program, language in a general appropriation bill may 
  not direct an increase in that amount. 4 Hinds Sec. Sec. 3865-3867. 
  Similarly, a provision making available indefinite sums for a 
  particular program may be ruled out as legislation in violation of 
  rule XXI clause 2 where existing law provides that a definite amount 
  must be specified for that purpose in annual appropriation bills. 
  Deschler Ch 26 Sec. 33.1. Where mandatory funding levels have been 
  earmarked for certain programs by existing law, a provision in a 
  general appropriation bill rendering them ineffective may be ruled out 
  as in violation of rule XXI clause 2. Deschler Ch 26 Sec. 36.5. In 
  1982, a paragraph in a general appropriation bill directing that ``not 
  less'' than a specified sum be available for a certain purpose was 
  ruled out as legislation constituting a direction to spend a minimum 
  amount and not a negative limitation. Manual Sec. 1057. An amendment 
  to a general appropriation bill denying funds therein for a program at 
  less than a certain amount constitutes legislation where existing law 
  confers upon a Federal official discretionary authority to determine 
  minimum levels of expenditures. 95-2, July 20, 1978, p 21856. Language 
  mandating a certain allotment of funds at ``the maximum amounts 
  authorized'' has also been ruled out as legislation on an 
  appropriation bill. Deschler Ch 26 Sec. 36.2.
      Language in a general appropriation bill may not authorize the 
  adjustment of wages of government employees or permit an increase in 
  Members' office allowances only ``if requested in writing.'' Also, it 
  may not mandate reductions in various appropriations by a variable 
  percentage calculated in relation to ``overhead.'' Manual Sec. 1054. A 
  proposal to designate an appropriation as ``emergency spending'' 
  within the meaning of the budget-enforcement laws is fundamentally 
  legislative in character. Manual Sec. 1052.

                   Change in Source or Method of Funding

      Where existing law authorizes appropriations out of a special fund 
  for a particular purpose, it is not in order in an appropriation bill 
  to direct that the money be taken from the general funds of the 
  Treasury for that purpose. Deschler Ch 26 Sec. Sec. 35.1, 35.2. Thus, 
  language in a bill providing funds for an agricultural project, for 
  which funding had been authorized from the re

[[Page 108]]

  ceipts of timber sales and not from appropriated funds, was ruled out 
  as legislation in violation of rule XXI clause 2. Deschler Ch 26 
  Sec. 35.3. The language in an appropriation bill appropriating funds 
  in the Federal Aid Highway Trust Fund for expenses of forest roads and 
  trails was held to be legislation and not in order where no 
  authorization existed for the expenditure from the Highway Trust Fund 
  for those proposed purposes. Deschler Ch 26 Sec. 28.2. A provision 
  providing that airport funding be derived from a certain source, 
  thereby changing the source and method of funding under existing law, 
  was held to constitute legislation. 106-1, June 23, 1999, p ____.
      Language in a general appropriation bill that substitutes 
  borrowing authority in lieu of a direct appropriation is subject to a 
  point of order if contrary to existing law. Deschler Ch 26 Sec. 35.4.

              Changing Allotment Formulas; Setting Priorities

      A provision in a general appropriation bill that changes the 
  legislative formula governing the allotment of funds to recipients is 
  legislation on an appropriation bill in violation of rule XXI clause 
  2. Manual Sec. 1056; Deschler Ch 26 Sec. 36.10. It is not in order in 
  a general appropriation bill to establish priorities to be followed in 
  the obligation or expenditure of the funds where such priorities are 
  not found in existing law. Thus, a proviso specifying that an 
  appropriation for veterans' job training be obligated on the basis of 
  those veterans unemployed the longest was conceded to be legislation 
  where existing law did not require that allocation of funds, and was 
  ruled out as in violation of rule XXI clause 2. Deschler Ch 26 
  Sec. 36.17. Similarly, where existing law establishes priorities to be 
  followed by an executive official in the distribution of funds, an 
  amendment to an appropriation bill requiring that those funds be 
  distributed in accordance with such priorities may under some 
  circumstances be regarded as constituting a stronger mandate as to the 
  use of those funds and ruled out as a modification of the authorizing 
  law, and therefore out of order. Deschler Ch 26 Sec. 23.8.
      However, where existing law prescribes a formula for the 
  allocation of funds among several categories, an amendment merely 
  reducing the amount earmarked for one of the categories is not 
  legislation, as long as it does not textually change the statutory 
  formula. Manual Sec. 1057.


  Sec. 35 . Affecting Funds in Other Acts

                                 Generally

      Language in a general appropriation bill that is applicable to 
  funds appropriated in another Act may constitute legislation under 
  rule XXI clause 2. Deschler Ch 26 Sec. 30.10. Thus, an amendment to an 
  appropriation bill

[[Page 109]]

  seeking to change a limitation on a previous appropriation bill may be 
  held to be legislation and not in order. Deschler Ch 26 Sec. 27.26.

                                Rescissions

      Under rule XXI clause 2(b), the Committee on Appropriations may 
  report in a general appropriation bill ``rescissions of appropriations 
  contained in appropriation Acts.'' However, under rule XXI clause 
  2(c), an amendment to a general appropriation bill may not change 
  existing law, as by rescinding an appropriation contained in another 
  Act or by rescinding contract authority. Manual Sec. 1052; 103-1, May 
  26, 1993, p 11310.


  Sec. 36 . Transfer of Funds-- Within Same Bill

      A provision in a general appropriation bill that authorizes an 
  official to transfer funds among appropriation accounts in the bill 
  changes existing law in violation of rule XXI clause 2 by including 
  language conferring new authority. However, direct transfers of 
  appropriations within the confines of the same bill are normally 
  considered in order. 7 Cannon Sec. 1468; Deschler Ch 26 Sec. 29. Such 
  a direct transfer may not include legislative language, such as 
  requiring the approval of an official. In addition, the transfer of an 
  appropriation for a purpose authorized to be carried out by a 
  specified agency may not be transferred to another agency, even within 
  the same bill. The following illustrations may clarify these 
  distinctions. The first illustration would be held in order; the 
  remaining illustrations would not be held in order:

     $500,000 is hereby transferred from the Capital Improvement 
         and Maintenance appropriation to the State and Private Forestry 
         appropriation.
     Funds appropriated in title III of this Act for the Department 
         of Defense Pilot Mentor-Protege Program may be transferred to 
         any other appropriation contained in this Act.
     Not to exceed 1 percent of any discretionary funds (pursuant 
         to the Balanced Budget and Emergency Deficit Control Act of 
         1985, as amended) that are appropriated for the Department of 
         Education in this Act may be transferred between 
         appropriations.
     $500,000 shall be transferred from the Capital Improvement and 
         Maintenance appropriation to the State and Private Forestry 
         appropriation upon approval of the Director of the Office of 
         Management and Budget.
     $500,000 for repair of the official residence of the Vice 
         President shall be transferred from the General Services 
         Administration [only agency authorized by law to carry out such 
         repair] to any department or agency for expenses of carrying 
         out such activity.

      A provision in an appropriation bill may permit certain funds to 
  be available ``interchangeably'' for expenditure for various 
  authorized pur

[[Page 110]]

  poses. Deschler Ch 26 Sec. 29.8. Similarly, an amendment providing 
  that a particular authorized project should be financed out of ``any 
  available unallocated funds contained in this act'' was held to be in 
  order. Deschler Ch 26 Sec. 29.10.
      See also Sec. 63, infra, for a discussion of amendments permitted 
  to be offered en bloc under rule XXI clause 2(f) that only transfer 
  appropriations among objects in the bill.


  Sec. 37 . -- Transfer of Previously Appropriated Funds

      Language in an appropriation bill that is applicable to funds 
  appropriated in another Act constitutes legislation in violation of 
  rule XXI clause 2(b) (Deschler Ch 26 Sec. 30.10) and also may 
  constitute a reappropriation of unexpended balances in violation of 
  clause 2(a) (Deschler Ch 26 Sec. 30.20). For a discussion of 
  reappropriations generally, see Sec. 60, infra. Thus, an amendment to 
  an appropriation bill proposing the transfer of funds previously 
  appropriated in another appropriation bill is legislation. Deschler Ch 
  26 Sec. 30.1. A point of order will lie against language that attempts 
  to transfer such funds from one department to another. Deschler Ch 26 
  Sec. Sec. 30.16, 30.25.


  Sec. 38 . Making Funds Available Before, or Beyond, Authorized Period

                    Generally; Availability of Balances

      It is provided by statute that the balance of an appropriation 
  limited for obligation to a definite period is available only for 
  payment of expenses properly incurred during the period of 
  availability or to complete contracts properly made within that period 
  of availability. 31 USC Sec. 1502. As such, it is not in order in a 
  general appropriation bill to provide that funds therein are to be 
  available beyond the fiscal year covered by the bill unless the 
  authorizing law permits that availability. Deschler Ch 26 
  Sec. Sec. 32.1, 32.10. Such language is held to ``change existing 
  law'' in violation of rule XXI clause 2 because it extends the use of 
  the funds beyond the period permitted by law. Deschler Ch 26 
  Sec. 32.11.
      By statute, an appropriation in a regular, annual appropriation 
  Act may be construed to be permanent or available continuously only if 
  the appropriation expressly provides that it is available after the 
  fiscal year covered by the law, or unless the appropriation is for 
  certain purposes, such as public buildings. 31 USC Sec. 1301. Amounts 
  appropriated to construct public buildings remain available until 
  completion of the work. When a building is completed and outstanding 
  liabilities for the construction are paid, balances remaining revert 
  immediately to the Treasury. 31 USC Sec. 1307.

[[Page 111]]

      Provisions in appropriation bills that have been ruled out under 
  rule XXI clause 2 on a point of order include:

     A provision appropriating funds to collect and publish certain 
         statistics on voting, to be available until the end of the next 
         fiscal year. Deschler Ch 26 Sec. 32.6.
     A provision making fees and royalties collected pursuant to 
         law available beyond the current fiscal year. Deschler Ch 26 
         Sec. 32.9.
     A provision appropriating funds for a census available beyond 
         the time for which it was originally authorized. Deschler Ch 26 
         Sec. 22.2.
     A provision appropriating funds for the Migratory Bird 
         Conservation Fund for the current year ``and each fiscal year 
         thereafter'' from the sale of stamps. Deschler Ch 26 Sec. 32.8.
     A provision appropriating funds for the Tennessee Valley 
         Authority to be available for the payment of obligations 
         chargeable against prior appropriations. Deschler Ch 26 
         Sec. 32.16.

                   Funds ``To Be Immediately Available''

      Language in an appropriation bill stating that the funds shall be 
  immediately available--that is, before the start of the fiscal year 
  covered by the bill--is subject to a point of order. A prior ruling 
  permitting immediate availability has been superseded by more recent 
  rulings proscribing such immediate availability. Manual Sec. 1052; 7 
  Cannon Sec. Sec. 1119, 1120. Making funds available in an earlier 
  fiscal period also may have implications under the Congressional 
  Budget Act of 1974.


  Sec. 39 . Funds ``To Remain Available Until Expended''

                                 Generally

      Authorization bills sometimes provide that appropriated funds are 
  ``to remain available until expended.'' Such language is permitted 
  where existing law authorizes the inclusion of language extending the 
  availability of funds for the purpose stated in that law. Manual 
  Sec. 1052. Conversely, where the authorizing statute does not permit 
  funds to remain available until expended or without regard to fiscal 
  year limitation, the inclusion of such availability in a general 
  appropriation bill has been held to constitute legislation in 
  violation of rule XXI clause 2. Deschler Ch 26 Sec. Sec. 32.1, 32.2, 
  32.10. However, language that certain funds be ``available until 
  expended'' may be included where other existing law can be interpreted 
  to permit that availability. Thus, a provision in a general 
  appropriation bill that funds therein for the construction of the west 
  front of the U.S. Capitol shall ``remain available until expended'' 
  was held not to constitute legislation in violation of rule XXI clause 
  2, where an existing law provided that funds for public

[[Page 112]]

  building construction shall remain available until the completion of 
  the work. Deschler Ch 26 Sec. 32.1.

    Authority of Committee on Appropriations to Confine Expenditure to 
                            Current Fiscal Year

      Although authorizing legislation sometimes provides that funds 
  authorized therein shall ``remain available until expended,'' the 
  Committee on Appropriations has never been required, when 
  appropriating funds for those purposes, to specify that such funds 
  must remain available until expended. Indeed, the Committee on 
  Appropriations often confines the availability of funds to the current 
  fiscal year, regardless of the limit of availability contained in the 
  authorization, and it may do so absent a clear showing that the 
  language in question was intended to require appropriations to be made 
  available until expended. Deschler Ch 26 Sec. 32.21.


  Sec. 40 . Reimbursements of Appropriated Funds

      If not authorized by existing law, language in a general 
  appropriation bill providing for the use of funds generated from 
  reimbursement, repayment, or refund, rather than from a direct 
  appropriation, may be ruled out as legislation under rule XXI clause 
  2. Deschler Ch 26 Sec. 38.1. Provisions in appropriation bills that 
  have been ruled out under this rule include requirements:

     That ``all refunds, repayments, or other credits on account of 
         funds disbursed under this head shall be credited to the 
         appropriation.'' Deschler Ch 26 Sec. 38.1.
     That appropriations contained in the Act may be reimbursed 
         from the proceeds of sales of certain material and supplies. 
         Deschler Ch 26 Sec. 38.2.
     That any part of the appropriation for salaries and expenses 
         be reimbursed from commissary earnings. Deschler Ch 26 
         Sec. 38.4.
     That repayment of Federal appropriations for a certain airport 
         be made from income derived from operations. Deschler Ch 26 
         Sec. 38.10.
     That money received by the United States in connection with 
         any irrigation project constructed by the Federal government 
         shall be covered into the general fund until such fund has been 
         reimbursed. Deschler Ch 26 Sec. 38.11.
     That receipts from non-Federal agencies representing 
         reimbursement for travel expenses of certain employees 
         performing advisory functions to such agencies be deposited in 
         the Treasury to the credit of the appropriation. Deschler Ch 26 
         Sec. 38.13.
     That certain advances be reimbursable during a fixed period 
         under rules and regulations prescribed by an executive officer. 
         Deschler Ch 26 Sec. 38.14.

[[Page 113]]

                 C. Changing Executive Duties or Authority


  Sec. 41 . In General; Requiring Duties or Determinations

                                 Generally

      Where an amendment to or language in a general appropriation bill 
  explicitly places new duties on officers of the government or 
  implicitly requires them to make investigations, compile evidence, or 
  make judgments and determinations not otherwise required of them by 
  law, then it assumes the character of legislation under rule XXI 
  clause 2 and is subject to a point of order. Manual Sec. 1055; 4 Hinds 
  Sec. Sec. 3854-3859; Deschler Ch 26 Sec. 52. The extra duties that may 
  invalidate an amendment as being ``legislation'' are duties not now 
  required by law. The fact that they may be presently in effect, as 
  required for present and prior years in annual appropriation Acts, 
  does not protect an amendment from a point of order under rule XXI 
  clause 2. Deschler Ch 26 Sec. 63.7 (note). The point of order will lie 
  against language requiring new determinations by Federal officials 
  whether or not State officials administering the Federal funds in 
  question routinely make such determinations. Deschler Ch 26 
  Sec. 52.33. Thus, in a general appropriation bill, if not already 
  mandated by existing law, an executive official may not be required:

     To make substantial findings in determining the extent of 
         availability of funds. Deschler Ch 26 Sec. 59.19.
     To make evaluations of propriety and effectiveness. Manual 
         Sec. 1054.
     To include information in the annual budget on transfers of 
         appropriations. Deschler Ch 26 Sec. 52.10.
     To make determinations, in implementing a personnel reduction 
         program, as to which individual employees shall be retained. 
         Deschler Ch 26 Sec. 22.17.
     To implement certain conditions and formulas in determining 
         amounts to be charged as rent for public housing units. 
         Deschler Ch 26 Sec. 52.20.

                     Approval or Certification Duties

      Where existing law authorizes the availability of funds for 
  certain expenses when certified by an executive official, language in 
  a general appropriation bill containing funds for that purpose to be 
  accounted for solely upon his certificate may be held in order as not 
  constituting a change in existing law. 93-2, June 18, 1974, pp 19715, 
  19716. For example, appropriations for traveling expenses at meetings 
  ``considered necessary'' in the exercise of the agency's discretion 
  for the efficient discharge of its responsibilities were held 
  authorized by a law permitting inclusion of such language in the bill. 
  Deschler Ch 26 Sec. 52.28. However, language in a general

[[Page 114]]

  appropriation bill authorizing the expenditure of funds on the 
  approval of an executive official and on his ``certificate of 
  necessity for confidential military purposes'' was held to change 
  existing law and was ruled out in violation of rule XXI clause 2 when 
  the Committee on Appropriations failed to cite statutory authority for 
  that method of payment. Deschler Ch 26 Sec. 22.19. Even a proviso that 
  certain vouchers ``shall be sufficient'' for expenditure from the 
  appropriation has been ruled out as legislation in violation of rule 
  XXI clause 2. Deschler Ch 26 Sec. 22.20.

                          Duty to Submit Reports

      It is not in order on a general appropriation bill to require an 
  executive official to submit reports not required by existing law. 7 
  Cannon Sec. 1442. For example, a provision requiring the Commissioner 
  of Indian Affairs to report to Congress all interchanges of 
  appropriations was ruled out as legislation. Deschler Ch 26 Sec. 52.9.


  Sec. 42 . Burden of Proof

                                 Generally

      The burden of proof is on the proponent of an amendment to a 
  general appropriation bill to show that a proposed executive duty or 
  determination is required by existing law, and the mere recitation 
  that it is imposed pursuant to existing law and regulations, absent a 
  citation to the law imposing that responsibility, is not sufficient to 
  overcome a point of order that the amendment constitutes legislation. 
  Manual Sec. 1044; Deschler Ch 26 Sec. 22.25.

            Determinations Incidental to Other Executive Duties

      If a proposed executive determination is not specifically required 
  by existing law, but is related to other executive duties, then the 
  proponent has the burden of proving that it is merely incidental 
  thereto. Thus, language in a general appropriation bill in the form of 
  a conditional limitation requiring determinations by Federal officials 
  may be held to change existing law in violation of rule XXI clause 2, 
  unless the Committee on Appropriations can show that the new duties 
  are merely incidental to functions already required by law and do not 
  involve substantive new determinations. Deschler Ch 26 Sec. 52.


  Sec. 43 . Altering Executive Authority or Discretion

                                 Generally

      A proposition in a general appropriation bill that interferes with 
  authority that has been conferred by law on an executive official 
  ``changes exist

[[Page 115]]

  ing law'' under rule XXI clause 2. 4 Hinds Sec. 3846; Deschler Ch 26 
  Sec. 51.3. A proposition that significantly alters the discretion 
  conferred on the official also ``changes existing law'' within the 
  meaning of that rule. Manual Sec. 1055; 4 Hinds Sec. Sec. 3848-3852; 7 
  Cannon Sec. 1437. Thus, where existing law authorized the expenditure 
  of funds for a program under broad supervisory powers given to an 
  executive official, provisions in an appropriation bill that impose 
  conditions affecting both the exercise of those powers and the use of 
  funds may be ruled out as legislation. Deschler Ch 26 Sec. 51.4.
      A provision in a general appropriation bill requiring the 
  performance of a duty by a Federal official which, under existing law 
  he may at his discretion perform, constitutes legislation in violation 
  of rule XXI clause 2. Deschler Ch 26 Sec. 59.20. Although it is in 
  order on a general appropriation bill to limit the availability of 
  funds therein for part of an authorized purpose (Sec. 52, infra), 
  language that restricts not the funds but the discretionary authority 
  of a Federal official administering those funds may be ruled out as 
  legislation. Manual Sec. 1054; Deschler Ch 26 Sec. 51.14.
      Language in a general appropriation bill conferring discretionary 
  authority on an executive official where none exists under existing 
  law is subject to a point of order under rule XXI clause 2. Deschler 
  Ch 26 Sec. 55.1. A proposition having the purpose of enlarging, rather 
  than restricting, an official's discretion also may be viewed as 
  changing existing law. Deschler Ch 26 Sec. 51. In 1951, language 
  granting discretionary authority to the Secretary of the Army to use 
  funds for purposes ``desirable'' in expediting military production was 
  held to be legislation and not in order. Deschler Ch 26 Sec. 59.7.

            Earmarking Funds as Affecting Executive Discretion

      The earmarking of funds for a particular item from a lump-sum 
  appropriation may constitute a limitation on the discretion of the 
  executive charged with allotment of the lump sum and thus be subject 
  to a point of order under rule XXI clause 2. 7 Cannon Sec. 1452; 
  Deschler Ch 26 Sec. 51.5. In 1955, language earmarking some of the 
  appropriations for the Veterans' Administration for a special study of 
  its compensation and pension programs was conceded to be legislation 
  and held not in order. Deschler Ch 26 Sec. 55.12.


  Sec. 44 . Mandating Studies or Investigations

      Language in a general appropriation bill describing an 
  investigation that may be undertaken with funds in the bill at the 
  discretion of an official upon whom existing law imposes a general 
  investigative responsibility does not constitute legislation and is 
  not in violation of rule XXI clause 2. 93-2, Apr. 9, 1974, pp 10208, 
  10209. However, where existing law gives an agency

[[Page 116]]

  discretion to undertake an investigation, language in a general 
  appropriation bill that requires the agency to make the investigation 
  is legislation and subject to a point of order. Deschler Ch 26 
  Sec. 51.7. Although an executive official may have broad investigative 
  responsibilities under existing law, it may not be in order in a 
  general appropriation bill to impose a duty on him to undertake a 
  specific additional study. 93-2, Apr. 9, 1974, pp 10205, 10206.
      The mere requirement in a general appropriation bill that an 
  executive officer be the recipient of information may not be 
  considered as imposing upon him any additional burdens and is in 
  order. 90-2, June 11, 1968, p 16712. In the 105th Congress, rule XXI 
  clauses 2(b) and 2(c) were amended to render legislation a provision 
  that conditions the availability of funds on certain information not 
  required by existing law on being ``made known'' to an executive 
  official, overruling 7 Cannon Sec. 1695. Manual Sec. 1054. Language 
  imposing new responsibilities on Federal officials beyond merely being 
  the recipients of information may constitute legislation in violation 
  of rule XXI clause 2. 95-1, June 17, 1977, p 19699. Thus, in 1974, 
  language in a general appropriation bill was ruled out as legislation 
  when the Committee on Appropriations conceded that agencies funded by 
  the bill would be required to examine extraneous documentary 
  evidence--including hearing transcripts--in addition to the language 
  of the law itself, to determine the purposes for which the funds had 
  been appropriated. 93-2, June 21, 1974, pp 20612, 20613.


  Sec. 45 . Granting or Changing Contract Authority

                            Granting Authority

      Language in a general appropriation bill authorizing a 
  governmental agency to enter into contracts is legislation in 
  violation of rule XXI clause 2 if such authority is not provided for 
  in existing law. 4 Hinds Sec. Sec. 3868-3870; Deschler Ch 26 
  Sec. 37.4. Although under existing law it may be in order to 
  appropriate money for a certain purpose, it may not be in order in a 
  general appropriation bill to grant authority to incur obligations and 
  enter into contracts in furtherance of that purpose. Deschler Ch 26 
  Sec. Sec. 37.3, 37.4. Thus, language authorizing the Secretary of the 
  Interior to enter into contracts for the acquisition of land and 
  making future appropriations available to liquidate those obligations 
  was held to be legislation on an appropriation bill and not in order. 
  Deschler Ch 26 Sec. 37.8.

                           Waiving Contract Law

      Language in a general appropriation bill that waives the 
  requirements of existing law as to when certain contracts may be 
  entered into may be

[[Page 117]]

  ruled out as legislation in violation of rule XXI clause 2. Deschler 
  Ch 26 Sec. 37.14. Thus, language providing that contracts for supplies 
  or services may be made by an agency without regard to laws relating 
  to advertising or competitive bidding was conceded to be legislation 
  on an appropriation bill and held not in order. Deschler Ch 26 
  Sec. 34.1.

                      Restricting Contract Authority

      A provision in a general appropriation bill changing existing law 
  by restricting the contract authority of an executive official may be 
  ruled out on a point of order as legislation under rule XXI clause 2. 
  Deschler Ch 26 Sec. 45.3. In one instance, an amendment requiring the 
  Civil Aeronautics Authority to award contracts to the highest bidder 
  only after previously advertising for sealed bids was ruled out as 
  legislation. Deschler Ch 26 Sec. 46.3. In 1950 language authorizing an 
  agency to enter into contracts for certain purposes in an amount not 
  to exceed $7 million was conceded to be legislation on an 
  appropriation bill and was ruled out absent citation to an existing 
  law authorizing inclusion of such limitation. Deschler Ch 26 
  Sec. 37.12. Language in an appropriation bill seeking to reduce or 
  rescind contract authority contained in a previous appropriation bill 
  has also been ruled out as legislation changing existing law. Deschler 
  Ch 26 Sec. Sec. 22.14, 24.4. This is so notwithstanding rule X clause 
  1(b), which gives the Committee on Appropriations jurisdiction over 
  rescissions of appropriations (as distinguished from rescission of 
  contract authority) (Deschler Ch 26 Sec. 24.4 (note)) and rule XXI 
  clause 2(b), which permits rescissions of appropriations contained in 
  appropriation Acts.
      The rulings in this section should be considered in the light of 
  section 401(a) of the Congressional Budget Act, which precludes 
  consideration of measures reported by legislative committees providing 
  new contract authority, new authority to incur certain indebtedness, 
  or new credit authority, unless the measure also provides that such 
  authority is to be effective ``only to such extent or in the amounts 
  provided in advance in appropriation Acts.'' Since the adoption of 
  this law, language properly limiting the contractual authority of an 
  agency, if specifically permitted by law, would not render that 
  language subject to a point of order under rule XXI clause 2. Deschler 
  Ch 26 Sec. 37.

[[Page 118]]

                     D. The Holman Rule; Retrenchments


  Sec. 46 . In General; Retrenchment of Expenditures

                                 Generally

      Rule XXI clause 2(b), which precludes the use of language changing 
  existing law in a general appropriation bill, makes an exception for 
  ``germane provisions that retrench expenditures by the reduction of 
  amounts of money covered by the bill'' as reported. This exception is 
  referred to as the Holman rule, having been named for the Member who 
  first suggested it in 1876, William Holman of Indiana. Manual 
  Sec. 1038.
      Decisions under the Holman rule have been rare in the modern 
  practice of the House. Manual Sec. 1062. The rule applies to general 
  appropriation bills only and is not applicable to funds other than 
  those appropriated in the pending bill. 7 Cannon Sec. Sec. 1482, 1525. 
  In 1983, the House narrowed the Holman rule exception to apply only to 
  retrenchments reducing the dollar amounts of money covered by the 
  bill. Manual Sec. 1062.

                Retrenchments and Limitations Distinguished

      A distinction should be noted between retrenchments offered under 
  the criteria of the Holman rule and ``limitations'' on appropriation 
  bills, discussed in Sec. Sec. 50-59a, infra. Under the Holman rule, a 
  provision that is admittedly ``legislative'' in nature is nevertheless 
  held to fall outside the general prohibition against such provisions, 
  because it reduces the funds in the bill. The limitations discussed in 
  later sections are not ``legislation'' and are permitted on the theory 
  that Congress is not bound to appropriate funds for every authorized 
  purpose. Deschler Ch 26 Sec. 4.
      Under the modern practice, the Holman rule does not apply to 
  limiting language that does not involve a reduction of dollar amounts 
  in the bill. An amendment that does not show a reduction on its face 
  and that is merely speculative is not in order under the rule. Manual 
  Sec. 1062.
      The words ``amounts of money covered by the bill'' in the rule 
  refer to the amounts specifically appropriated by the bill, but as 
  long as a provision calls for an obvious reduction at some point 
  during the fiscal year, it is in order under the Holman rule even if 
  the reduction takes place in the future in an amount actually 
  determined when the reduction takes place (for example, by formula). 
  Manual Sec. 1062. Language held in order as effectuating a 
  retrenchment has included a proposition--legislative in form--
  providing that total appropriations in the bill be reduced by a 
  specified amount. Deschler Ch 26 Sec. 4.5.

[[Page 119]]

      It has been said that the Holman rule should be strictly construed 
  in order to avoid the admission of ineligible legislative riders under 
  the guise of a retrenchment. 7 Cannon Sec. 1510.


  Sec. 47 . Germaneness Requirements; Application to Funds in Other 
            Bills

      Rule XXI clause 2, the Holman rule, although permitting certain 
  retrenchment provisions as an exception to the prohibition against 
  legislation in appropriation bills, requires that such provisions be 
  germane. Manual Sec. 1038. An amendment providing that appropriations 
  ``herein and heretofore made'' be reduced by a reduction of certain 
  employees was held to be legislative and not germane to the bill, 
  because it went to funds other than those carried therein, and was 
  therefore not within the Holman rule exception. Manual Sec. 1062. An 
  amendment proposing to change existing law by repealing part of a 
  retirement Act was held not germane and not in order under the Holman 
  rule. Deschler Ch 26 Sec. 5.15.


  Sec. 48 . Reporting Retrenchment Provisions

      At one time, retrenching provisions in general appropriation bills 
  were reported by the legislative committees of the House. 7 Cannon 
  Sec. 1561. In 1983, the Holman rule was amended to eliminate the 
  separate authority of legislative committees to report amendments 
  retrenching expenditures. The new rule permits legislative committees 
  to merely recommend such retrenchments to the Committee on 
  Appropriations for discretionary inclusion in the reported bill. 
  Manual Sec. Sec. 1038, 1062.


  Sec. 49 . Floor Consideration; Who May Offer

      A Member may offer in his individual capacity any germane 
  amendment providing legislation on an appropriation bill if it 
  retrenches expenditures under the conditions specified by rule XXI 
  clause 2(b). 7 Cannon Sec. 1566. If an objection is made in the 
  Committee of the Whole that the particular provision constitutes 
  legislation, the proponent may cite the Holman rule in response to the 
  point of order:

      Member: Mr. Chairman, I make the point of order that the provision 
    constitutes a legislative proposition in an appropriation bill in 
    violation of rule XXI clause 2(b).
      Proponent: Mr. Chairman, it is true that this is new legislation, 
    but it retrenches expenditure, and is therefore in order under the 
    Holman rule.

      Under the earlier practice, retrenching amendments to general 
  appropriation bills could be offered during the reading of the bill 
  for amendment in

[[Page 120]]

  the Committee of the Whole. In 1983, rule XXI was narrowed to permit 
  the consideration of retrenchment amendments only when reading of the 
  bill has been completed and only if the Committee of the Whole does 
  not adopt a motion to rise and report the bill back to the House. 
  Manual Sec. 1040; generally, see Sec. 64, infra.


              IV. Limitations on General Appropriation Bills


  Sec. 50 . In General; When in Order

                                 Generally

      Although general appropriation bills may not contain legislation, 
  limitations may validly be imposed under certain circumstances, where 
  the effect is not to directly change existing law. Deschler Ch 26 
  Sec. 1. The doctrine of limitations on a general appropriation bill 
  has emerged over the years primarily from rulings of Chairmen of the 
  Committee of the Whole. Deschler Ch 26 Sec. 22.26. The basic theory of 
  limitations is that, just as the House may decline to appropriate for 
  a purpose authorized by law, it may by limitation prohibit the use of 
  the money for part of the purpose while appropriating the remainder of 
  it. The limitation cannot change existing law but may negatively 
  restrict the use of funds for an authorized purpose or project. 
  Deschler Ch 26 Sec. 64.
      The following tests are applied to determine whether language in 
  an appropriation bill or amendment thereto constitutes a permissible 
  limitation:

     Does the limitation apply solely to the appropriation under 
         consideration?

      Note: A limitation may be attached only to the appropriation under 
  consideration and may not be made applicable to moneys appropriated in 
  other Acts. See Sec. 59, infra.

     Does it operate beyond the fiscal year for which the 
         appropriation is made?

      Note: A limitation must apply solely to the fiscal year(s) covered 
  by the bill and may not be made a permanent provision of law. 4 Hinds 
  Sec. 3929.

     Is the limitation coupled with a phrase applying to official 
         functions; and, if so, does the phrase give affirmative 
         directions in fact or in effect, although not in form?

      Note: A proposition to establish affirmative directions for an 
  executive officer constitutes legislation and is not in order on a 
  general appropriation bill. 4 Hinds Sec. 3854.

     Is it accompanied by a phrase which might be construed to 
         impose additional duties? Does it curtail or extend, modify, or 
         alter existing powers or duties or terminate old or confer new 
         ones?

[[Page 121]]

      Note: A limitation that changes the duties imposed by law on an 
  executive officer in the expenditure of appropriated funds is not in 
  order. See Sec. 54, infra.

     Is the limitation authorized in existing law for the period of 
         the limitation?

      Note: An amendment proposing a limitation not authorized in 
  existing law for the period of the limitation is not in order during 
  the reading of the bill by paragraph under rule XXI clause 2(c). 
  Manual Sec. 1039.

  7 Cannon Sec. 1706; Deschler Ch 26 Sec. 64.

      A restriction on authority to incur obligations contained in a 
  general appropriation bill is legislative in nature and is not a 
  limitation on use of funds in the bill. Manual Sec. 1053.
      Certain amendments proposing limitations are in order only after 
  the reading of the bill for amendment has been completed and, if a 
  privileged motion to rise and report is not offered (by the Majority 
  Leader or his designee) or is rejected. Rule XXI clause 2(d) permits 
  consideration at this time of amendments proposing limitations not 
  contained or authorized in existing law or proposing germane 
  amendments that retrench expenditures. For a discussion of 
  retrenchment of expenditures, see Sec. 46, supra.

                   Construction of Rule; Burden of Proof

      The doctrine permitting limitations on a general appropriation 
  bill is strictly construed. Deschler Ch 26 Sec. 80.5. The language of 
  the limitation must not be such as, when fairly construed, would 
  change existing law (4 Hinds Sec. Sec. 3976-3983) or justify an 
  executive officer in assuming an intent to change existing law (4 
  Hinds Sec. 3984; 7 Cannon Sec. 1707). The language of rule XXI clause 
  2(c), which permits limitation amendments during the reading of a bill 
  by paragraphs only if authorized by existing law, is likewise strictly 
  construed. It applies only where existing law requires or permits the 
  inclusion of limiting language in an appropriation Act, and not merely 
  where the limitation is alleged to be ``consistent with existing 
  law.'' Manual Sec. 1043.
      The limitation must apply to a specific purpose, or object, or 
  amount of appropriation. If a proposed limitation goes beyond the 
  traditionally permissible objectives of a limitation, as for example 
  by restricting discretion in the timing of the expenditure of funds 
  rather than restricting their use for a specific object or purpose, 
  the Chair may rule that the amendment constitutes legislation in the 
  absence of a convincing argument by the proponent that the amendment 
  does not change existing law. Deschler Ch 26 Sec. 80.5.
      As a general proposition, whenever a limitation is accompanied by 
  the words ``unless,'' ``except,'' ``until,'' ``if,'' or the like, 
  there is ground to view the provision with the suspicion that it may 
  be legislation. In case of

[[Page 122]]

  doubt as to its ultimate effect, the doubt should be resolved on the 
  conservative side. Deschler Ch 26 Sec. 52.2. The limitation may not be 
  accompanied by language stating a motive or purpose in carrying it 
  out. Deschler Ch 26 Sec. 66.4. Where terms used in a purported 
  limitation are challenged because of their ambiguity or 
  indefiniteness, the burden is on its proponent to show that no new 
  duties would arise in the course of applying its terms. Deschler Ch 26 
  Sec. 57.17 (note).

                         Effecting Policy Changes

      Although a limitation on a general appropriation bill may not 
  involve changes of existing law or affirmatively restrict executive 
  discretion, it may, by a simple denial of the use of funds, change 
  administrative policy and be in order. Deschler Ch 26 Sec. 51.15. For 
  example, during consideration of an army appropriation bill in 1931, 
  an amendment was allowed that provided that the funds appropriated 
  could not be used for compulsory military training in certain schools. 
  The Chair noted that the amendment ``simply refuses to appropriate for 
  purposes that are authorized by law and for which Congress may or may 
  not appropriate as it sees fit,'' and that while the amendment did in 
  fact change a policy of the War Department, ``a change of policy can 
  be made by the failure of Congress to appropriate for an authorized 
  object.'' 7 Cannon Sec. 1694.

              Limitations Relating to Tax and Tariff Measures

      Tax and tariff measures fall within the jurisdiction of the 
  Committee on Ways and Means under rule X clause 1(s). Manual Sec. 741. 
  Under rule XXI clause 5(a), such measures may not be reported by any 
  committee not having jurisdiction thereof. In the 108th Congress, 
  clause 5(a) was amended to include in the definition of a tax or 
  tariff measure an amendment proposing a limitation on funds in a 
  general appropriation bill for the administration of a tax or tariff. 
  This change establishes a different standard for determining a 
  violation of this rule by an amendment to a reported general 
  appropriation bill than for a provision in the bill itself. For an 
  amendment, the Chair needs to find merely a textual relationship 
  between the amendment and the administration of a tax or tariff. 108-
  1, Jan. 7, 2003, p ____. For a provision reported in the bill, the 
  Chair must find that the provision inevitability and with certainty 
  impacts revenue collections or tax statuses or liabilities. Manual 
  Sec. 1066. For example, a limitation on the use of funds reported in 
  such a bill may be held to violate this clause where the limitation 
  has the effect of requiring the collection of revenues not otherwise 
  provided for by law, where it is shown that the imposition of the 
  restriction on Internal Revenue Service (IRS) funding for the fiscal 
  year would preclude the

[[Page 123]]

  IRS from collecting revenues otherwise due and owing by law, or where 
  the limitation would inevitably affect revenue collections by the 
  Customs Service. Manual Sec. 1066.


  Sec. 51 . Limitations on Amount Appropriated

                                 Generally

      A negative restriction on the use of funds above a certain amount 
  in an appropriation bill is in order as a limitation. 91-1, July 30, 
  1969, p 21471. As long as a limitation on the use of funds restricts 
  the expenditure of Federal funds carried in the bill without changing 
  existing law, the limitation is in order, even if the Federal funds in 
  question are commingled with non-Federal funds that would have to be 
  accounted for separately in carrying out the limitation. Manual 
  Sec. 1053.

                       ``Not To Exceed'' Limitations

      Language that an expenditure ``is not to exceed'' a certain amount 
  is permissible. Deschler Ch 26 Sec. 67.36. However, the fact that 
  funds in a general appropriation bill are included in the form of a 
  ``not to exceed'' limitation does not preclude a point of order under 
  rule XXI clause 2(a) that the funds are not authorized by law. Manual 
  Sec. 1044.

                      Ceilings on Total Expenditures

      Many limitations on funding that are offered to general 
  appropriation bills apply to only one of the agencies covered by the 
  bill. However, a limitation may be drafted in such a way as to place a 
  ceiling on the total amount to be expended by all agencies covered by 
  the bill. Deschler Ch 26 Sec. Sec. 80.1, 80.2.

                            Spending ``Floors''

      Precedents holding in order negative restrictions on the use of 
  funds must be distinguished from cases where an amendment, though cast 
  in the form of a limitation, can be interpreted to require the 
  spending of more money--for example, an amendment prohibiting the use 
  of funds to keep fewer than a certain number of people employed. A 
  ``floor'' on employment levels is tantamount to an affirmative 
  direction to hire no fewer than a specified number of employees and 
  would be subject to a point of order as legislation. Deschler Ch 26 
  Sec. 51.15 (note). That point of order will also lie against an 
  amendment requiring not less than a certain sum to be used for a 
  particular purpose where existing law does not mandate such 
  expenditure. Manual Sec. 1057.

[[Page 124]]

  Sec. 52 . Limitations on Particular Uses

                                 Generally

      An amendment prohibiting the use of funds in a general 
  appropriation bill for a certain purpose is in order, although the 
  availability of funds for that purpose is authorized by law. Deschler 
  Ch 26 Sec. 64.1. Such limitations are in order even though contracts 
  may be left unsatisfied thereby. Deschler Ch 26 Sec. 64.25. An 
  amendment to a general appropriation bill that is strictly limited to 
  funds appropriated in the bill, and that is negative and restrictive 
  in character and prohibits certain uses of the funds, is in order as a 
  limitation even though its imposition will change the present 
  distribution of funds and require incidental duties on the part of 
  those administering the funds. Deschler Ch 26 Sec. 67.19. Thus, it has 
  been held in order in a general appropriation bill to deny the use of 
  funds:

     To formulate or carry out tobacco programs. 95-1, June 20, 
         1977, p 19882.
     To pay certain rewards. 96-1, July 13, 1979, p 18451.
     To implement any plan to invade North Vietnam. Deschler Ch 26 
         Sec. 70.1.
     To operate and maintain facilities where intoxicating 
         beverages are sold or dispensed. Deschler Ch 26 Sec. 70.4.
     To pay government employees a larger wage than that paid for 
         the same work in private industry. 7 Cannon Sec. 1591.
     To pay for work on which naval prisoners were employed in 
         preference to registered laborers and mechanics. 7 Cannon 
         Sec. 1646.
     To pay for salaries or compensation for legal services in 
         connection with any suit to enjoin labor unions from striking. 
         7 Cannon Sec. 1638.
     To pay for agriculture commodity programs under which payments 
         to any single farmer would exceed a certain dollar amount. 
         Deschler Ch 26 Sec. 67.33.
     To expand court facilities at Flint, Michigan Deschler Ch 26 
         Sec. 69.6.
     To disseminate market information over government-owned or -
         leased wires serving privately owned newspapers, radio, or 
         television. Deschler Ch 26 Sec. 67.9.

      In the 108th Congress, rule XXI clause 5(a) was amended to include 
  in the definition of a tax or tariff measure an amendment proposing a 
  limitation on funds in a general appropriation bill for the 
  administration of a tax or tariff. For a discussion of the standard 
  for a limitation contained in an amendment to a reported general 
  appropriation bill as opposed to the standard for a provision in the 
  bill itself, see Sec. 50, supra.

                           Partial Restrictions

      An amendment to a general appropriation bill that restricts the 
  use of money in the bill to a part of an authorized project is in 
  order though the bill would otherwise permit full funding of the 
  authorization. 91-1, July 22,

[[Page 125]]

  1969, p 20329. Although it is not in order as an amendment to a 
  general appropriation bill to directly restrict the discretionary 
  authority of a Federal agency (Sec. 53, infra), it is permissible to 
  limit the availability of funds in the bill for part of an authorized 
  purpose while appropriating the remainder. Manual Sec. 1053. In the 
  95th Congress, the Chair indicated that an amendment to a general 
  appropriation bill negatively restricting funding therein for part of 
  a discretionary activity authorized by law would be in order if no new 
  affirmative duties or determinations were thereby required. 95-2, June 
  9, 1978, p 16996.

                Restrictions Relating to Agency Regulations

      It is in order on a general appropriation bill to deny the use of 
  funds to carry out an existing agency regulation. Deschler Ch 26 
  Sec. 64.28. Thus, an amendment providing that no part of a lump sum 
  shall be used to promulgate or enforce certain rules or regulations 
  precisely described in the amendment was held to be a proper 
  limitation restricting the availability of funds and in order. 
  Deschler Ch 26 Sec. 79.7. The fact that the regulation for which funds 
  are denied may have been promulgated pursuant to court order and 
  pursuant to constitutional provisions is an argument on the merits of 
  the amendment and does not render it legislative in nature. Deschler 
  Ch 26 Sec. 64.28.


  Sec. 53 . Interference with Executive Discretion

      Assuming that it does not change existing law, a negative 
  restriction on the availability of funds for a specified purpose in a 
  general appropriation bill may be a proper limitation even though it 
  indirectly interferes with an executive official's discretionary 
  authority by denying the use of funds. Deschler Ch 26 Sec. 64.26. The 
  limitation may in fact amount to a change in policy, but if the 
  limitation is merely a negative restriction on use of funds, it will 
  normally be allowed. 7 Cannon Sec. 1694; Deschler Ch 26 Sec. 51. Thus, 
  it is in order on a general appropriation bill to provide that no 
  part, or not more than a specified amount, of an appropriation shall 
  be used in a certain way, even though executive discretion be thereby 
  negatively restricted. 4 Hinds Sec. 3968; Deschler Ch 26 Sec. 51.9.
      On the other hand, it is not in order, under the guise of a 
  limitation, to affirmatively interfere with executive discretion by 
  coupling a restriction on the payment of funds with a positive 
  direction to perform certain duties contrary to existing law. Deschler 
  Ch 26 Sec. 51.12. For example, an amendment prohibiting funds from 
  being used to handle parcel post at less than attributable cost was 
  ruled out on the point of order that its effect would

[[Page 126]]

  directly interfere with the Postal Rate Commission's quasi-
  discretionary authority to establish postal rates under guidelines in 
  law. Deschler Ch 26 Sec. 51.22.
      The point of order lies against language enlarging or granting new 
  discretionary authority as well as against language curtailing 
  executive discretion. An amendment in the form of a limitation 
  providing that no part of the appropriated funds shall be paid to any 
  State unless the Secretary of Agriculture is satisfied that the State 
  has complied with certain conditions was held to be legislation 
  imposing new discretionary authority on a Federal official. Deschler 
  Ch 26 Sec. 52.25.


  Sec. 54 . Imposing Duties or Requiring Determinations

                   Generally; Imposing Executive Duties

      Although it is in order in a general appropriation bill to limit 
  the use of funds for an activity authorized by law, the House may not, 
  under the guise of a limitation in the bill, impose additional new 
  burdens and duties on an executive officer. Such a provision may be 
  ruled out as legislation on a general appropriation bill in violation 
  of rule XXI clause 2. Manual Sec. 1054. Of course, the application of 
  any limitation on an appropriation bill places some minimal extra 
  duties on Federal officials, who, if nothing else, must determine 
  whether a particular use of funds is prohibited by the limitation; but 
  when an amendment, while curtailing certain uses of funds carried in 
  the bill, explicitly places new duties on officers of the government 
  or inevitably requires them to make investigations, compile evidence, 
  discern the motives or intent of individuals, or make judgments not 
  otherwise required of them by law, then it assumes the character of 
  legislation and is subject to a point of order. Deschler Ch 26 
  Sec. 52.4.

                    Requiring Executive Determinations

      A restriction on the use of funds in a general appropriation bill 
  which requires a Federal official to make a substantive determination 
  not required by any law applicable to his authority, thereby requiring 
  new investigations not required by law, is legislation in violation of 
  rule XXI clause 2. Deschler Ch 26 Sec. 52.38. Thus, it is not in order 
  to require Federal officials, in determining the extent of 
  availability of funds, to make substantial findings not required by 
  existing law, or to make evaluations of propriety and effectiveness 
  not required to be made by existing law. Manual Sec. 1054. Language 
  requiring new determinations by Federal officials is subject to a 
  point of order regardless of whether or not State officials 
  administering the Federal

[[Page 127]]

  funds in question routinely make such determinations. Deschler Ch 26 
  Sec. 61.12.
      On the other hand, if the determinations required by the language 
  are already required by law, no point of order lies. For example, an 
  amendment denying funds to rehire certain Federal employees engaged in 
  a strike in violation of Federal law was held in order as a limitation 
  not requiring new determinations on the part of Federal officials 
  administering those funds, because existing law and a court order 
  enjoining the strike already imposed an obligation on the 
  administering officials to enforce the law. Deschler Ch 26 Sec. 74.6.

                  Impermissible Duties or Determinations

      Set out below are provisions that have been ruled out under rule 
  XXI clause 2 as imposing new duties or requiring new determinations 
  not found in existing law:

     An amendment proposing a reduction of expenditures through an 
         apportionment procedure authorized by law, but requiring such 
         reduction to be made ``without impairing national defense.'' 
         Deschler Ch 26 Sec. 52.6.
     A provision prohibiting use of funds for the furnishing of 
         sophisticated weapons systems to certain countries ``unless the 
         President determines'' it to be important to the national 
         security, such determination to be reported within 30 days to 
         the Congress. Deschler Ch 26 Sec. 56.1.
     An amendment providing that no part of the appropriation could 
         be used to make grants or loans to any country that the 
         Secretary of State believed to be dominated by the foreign 
         government controlling the world Communist movement. Deschler 
         Ch 26 Sec. 59.17.
     An amendment prohibiting payment of funds in the bill for the 
         support of any action resulting in the destruction of a 
         structure of historic or cultural significance. Deschler Ch 26 
         Sec. 52.17.
     A provision providing funds for grants to States for 
         unemployment compensation ``only to the extent that the 
         Secretary finds necessary.'' Deschler Ch 26 Sec. 52.14.
     A paragraph requiring that appropriations in the bill be 
         available for expenses of attendance of officers and employees 
         at meetings or conventions ``under regulations prescribed by 
         the Secretary.'' Deschler Ch 26 Sec. 52.13.
     An amendment restricting the availability of funds for certain 
         countries until the President reports to Congress his 
         determination that such country does not deny or impose more 
         than nominal restrictions on the right of its citizens to 
         emigrate. Deschler Ch 26 Sec. 55.5.
     An amendment denying the use of funds for foreign firms that 
         receive certain government subsidies but permitting the 
         President to waive such restriction in the national interest 
         with prior notice to Congress. Deschler Ch 26 Sec. 56.7.

[[Page 128]]

     An amendment denying the use of funds for a certain 
         publication until there had been a review of all conclusions 
         reached therein and a determination that they were factual. 96-
         2, July 30, 1980, pp 20504-506.
     A provision limiting the availability of funds for grants-in-
         aid to any airport that failed to provide designated and 
         enforced smoking and nonsmoking areas for passengers in airport 
         terminal areas. 99-2, July 30, 1986, p 18188.
     A section restricting funds for special pay of physicians or 
         dentists whose ``primary'' duties were administrative. 98-1, 
         Nov. 2, 1983, p 30494.
     A provision restricting funds to carry out any requirement 
         that small businesses meet certain prequalifications of 
         ``acceptable'' product marketability to be eligible to bid on 
         certain defense contracts. 98-1, Nov. 2, 1983, p 30495.

                   Determinations as to Intent or Motive

      An amendment curtailing the use of the funds for certain purposes 
  if the funds are used with a certain intent or motive requires new 
  determinations by the officials administering the funds and is subject 
  to a point of order as legislation. 91-1, July 31, 1969, pp 21653, 
  21675. Thus, an amendment prohibiting the use of funds in the bill to 
  pay rewards for information leading to the detection of any person 
  violating certain laws, or ``conniving'' to do so, was ruled out as 
  legislation because the amendment required the executive branch to 
  determine what constitutes ``conniving'' in violating the law. 96-1, 
  July 13, 1979, p 18451. Similarly, an amendment denying use of funds 
  in the bill to grant business licenses to persons selling drug 
  paraphernalia ``intended for use'' in drug preparation or use was 
  ruled out as legislation requiring new duties and judgments of 
  government officials. Deschler Ch 26 Sec. 23.18.
      An amendment prohibiting the use of funds in the bill for 
  abortions or abortion-related services, and defining abortion as the 
  ``intentional'' destruction of unborn human life, was conceded to 
  impose new affirmative duties on officials administering the funds and 
  was ruled out as legislation. Deschler Ch 26 Sec. 25.14. Similarly, a 
  paragraph prohibiting the use of funds to perform abortions except 
  where the mother's life would be endangered if the fetus were carried 
  to term (or where the pregnancy was a result of rape or incest) was 
  held to impose new affirmative duties. Manual Sec. 1055.
      In 1984, a paragraph denying use of funds in the bill to sell 
  certain loans except with the consent of the borrower was conceded to 
  be legislation requiring new determinations of ``consent'' and was 
  ruled out in violation of rule XXI clause 2(c). 98-2, May 31, 1984, p 
  14590.

[[Page 129]]

       Negative Prohibition and Affirmative Direction Distinguished

      To be permitted in a general appropriation bill, a limitation must 
  be in effect a negative prohibition on the use of the money, not an 
  affirmative direction to an executive officer. 4 Hinds Sec. 3975. When 
  it assumes affirmative form by direction to an executive in the 
  discharge of his duties under existing law, it ceases to be a 
  limitation and becomes legislation. 7 Cannon Sec. 1606. The limitation 
  must be in effect a negative prohibition that proposes an easily 
  discernible standard for determining the application of the use of 
  funds. Deschler Ch 26 Sec. 52.23.

                      Imposing ``Incidental'' Duties

      The fact that a limitation on the use of funds may impose certain 
  incidental burdens on executive officials does not destroy the 
  character of the limitation as long as it does not directly amend 
  existing law and is descriptive of functions and findings already 
  required to be undertaken by existing law. Manual Sec. 1061; Deschler 
  Ch 26 Sec. 71.2. Thus, an amendment reducing the availability of funds 
  for trade adjustment assistance by amounts of unemployment insurance 
  entitlements was held in order where the law establishing trade 
  adjustment assistance already required the disbursing agency to take 
  into consideration levels of unemployment insurance in determining 
  payment levels. Deschler Ch 26 Sec. 61.21.
      The proponent should show that the new duties are merely 
  incidental to functions already required by law and do not involve 
  substantive new determinations. 99-1, July 26, 1985, p 20808.

                   Effect of Information ``Made Known''

      As noted above (Sec. 44, supra) and in the Manual Sec. 1055, rule 
  XXI clauses 2(b) and 2(c) were amended in the 105th Congress to render 
  legislation a provision that conditions the availability of funds on 
  certain information not required by existing law on being ``made 
  known'' to an executive official, overruling 7 Cannon Sec. 1695.

                  Imposing Duties on Non-Federal Official

      Under the modern practice, it is not in order to make the 
  availability of funds in a general appropriation bill contingent upon 
  a substantive determination by a State or local government official or 
  agency that is not otherwise required by existing law. 81-1, Mar. 30, 
  1949, p 3531; 99-1, July 25, 1985, p 20569; Deschler Ch 26 Sec. 53 
  (note).

[[Page 130]]

  Sec. 55 . -- Duties Relating to Construction or Implementation of Law

                      Duty of Statutory Construction

      Although all limitations on funds on appropriation Acts require 
  Federal officials to construe the language of that law in 
  administering those funds, that duty of statutory construction, absent 
  a further imposition of an affirmative direction not required by law, 
  does not destroy the validity of the limitation. Deschler Ch 26 
  Sec. 64.30. Thus, an amendment restricting the use of funds for 
  abortion or abortion-related services and activities was upheld as a 
  negative limitation imposing no new duties on Federal officials other 
  than to construe the language of the limitation in administering the 
  funds. Deschler Ch 26 Sec. 73.8. Similarly, it is in order on a 
  general appropriation bill to deny funds for the payment of salary to 
  a Federal employee who is not in compliance with a Federal law, if the 
  limitation places no new duties on the Federal official who is already 
  charged with enforcing that law. Deschler Ch 26 Sec. 52.34.
      On the other hand, it is not in order in a general appropriation 
  bill to limit the use of an appropriation or to provide how existing 
  laws, rules, and regulations should be construed in carrying out the 
  limitation. Also, it is not in order to condition the availability of 
  funds or contract authority upon an interpretation of local law where 
  that determination is not required by existing law. Manual 
  Sec. Sec. 1054, 1056.

               Implementation of Existing Rules or Policies

      It is in order on a general appropriation bill to make the 
  availability of funds therein contingent upon the implementation of a 
  policy already enacted into law, providing the description of that 
  policy is precise and does not impose additional duties on the 
  officials responsible for its implementation. 92-1, Nov. 17, 1971, p 
  41838. Similarly, an amendment prohibiting the use of funds in the 
  bill to an agency to implement a ruling of the agency may be held in 
  order as a limitation, where the amendment is merely descriptive of an 
  existing ruling already promulgated by that agency and does not 
  require new executive determinations. Deschler Ch 26 Sec. 64.27.

[[Page 131]]

  Sec. 56 . Conditional Limitations

                                 Generally

      The House may by limitation on a general appropriation bill 
  provide that an appropriation shall be available contingent on a 
  future event. 7 Cannon Sec. 1579. However, it is not in order:

     To make the availability of funds in the bill contingent upon 
         a substantive determination by an executive official which he 
         is not otherwise required by law to make. Manual Sec. 1055.
     To impose additional duties on an executive officer and to 
         make the appropriation contingent upon the performance of such 
         duties. Manual Sec. 1055.
     To condition the use of such funds on the performance of a new 
         duty not expressly required by law. Manual Sec. 1054.

      To a bill making appropriations for the U.S. contribution to 
  various international organizations, an amendment providing that none 
  of the funds might be expended until all other members had met their 
  financial obligations was ruled out as legislation that imposed a duty 
  on a Federal official to determine the extent of such obligations. 
  Deschler Ch 26 Sec. 59.16.
      In one instance, an amendment limiting funds for foreign aid until 
  the President submitted a report analyzing the effectiveness of U.S. 
  economic assistance for each recipient country was held to change 
  existing law and was ruled out of order as a violation of rule XXI 
  clause 2. 100-2, May 25, 1988, p 12270. However, the imposition of 
  certain incidental burdens on executive officials will not destroy the 
  character of the limitation as long as those duties--such as 
  statistical comparisons and findings of residence and employment 
  status--are already mandated by law. Manual Sec. 1053.
      Language in a general appropriation bill in the form of a 
  conditional limitation requiring determinations by Federal officials 
  will be held to change existing law in violation of rule XXI clause 2 
  unless the Committee on Appropriations can show that the new duties 
  are merely incidental to functions already required by law and do not 
  involve substantive new determinations. Manual Sec. 1053.
      A conditional limitation in a general appropriation bill also is 
  subject to a point of order where the condition is not related to the 
  expenditures specified in the bill. Where a bill contained funds not 
  only for certain allowances for former President Nixon but also for 
  other departments and agencies, an amendment delaying the availability 
  of all funds in the bill until Nixon had made restitution of a 
  designated amount to the U.S. government was ruled out as not germane 
  and as legislation, where that contingency was not related to the 
  availability of other funds in the bill. 93-2, Oct. 2, 1974, pp 33620, 
  33621. For a discussion of conditions as legislation on appropriation 
  bills generally, see Sec. 29, supra.

[[Page 132]]

                           Condition Subsequent

      Where the expenditure of funds made available in an appropriation 
  bill is subject to a condition subsequent--so that spending is to 
  cease upon the occurrence of a specified condition--the language may 
  be upheld as a proper limitation on an appropriation bill, provided 
  that it does not change existing law. This is so even though the 
  contingency specified may never occur. Deschler Ch 26 Sec. 67.2. Thus, 
  a provision that an appropriation for the pay of volunteer soldiers 
  should not be available longer than a certain period after the 
  ratification of a treaty of peace was upheld as a limitation. 4 Hinds 
  Sec. 4004. Other conditions subsequent that have been upheld as 
  limitations include:

     An amendment stating that if the appropriations Act were to be 
         declared unconstitutional by the Supreme Court, none of the 
         money provided could thereafter be spent. Deschler Ch 26 
         Sec. 76.6.
     An amendment terminating the use of the appropriated funds 
         after the passage of certain legislation pending before the 
         Congress. Deschler Ch 26 Sec. 64.10.

      On the other hand, it is not in order in a general appropriation 
  bill to restrict the discretionary authority of an executive official 
  by a condition subsequent that changes existing law. Manual Sec. 1054. 
  For example, where existing law confers discretionary authority on an 
  executive agency as to the submission of health and safety information 
  by applicants for licenses, an amendment to a general appropriation 
  bill restricting that discretion by requiring the submission of such 
  information as a condition of receiving funds constitutes legislation. 
  96-1, June 18, 1979, pp 15286, 15287.

   Conditions Relating to the Application or Interpretation of State Law

      A limitation in a general appropriation bill may be upheld where 
  it denies funds for a certain activity where that activity would be in 
  violation of State law. However, such a limitation may be subject to a 
  point of order if it imposes on Federal officials a duty to become 
  conversant with a variety of State laws and regulations. Whether such 
  duty would constitute a new or additional duty not contemplated in 
  existing law would then be at issue. Deschler Ch 26 Sec. 67.8.
      Language in an appropriation bill that specifies that funds 
  therein shall not be used for any project which ``does not have local 
  official approval'' has been upheld as not imposing additional duties, 
  and in order. 89-1, Oct. 14, 1965, p 26994.

[[Page 133]]

  Sec. 57 . Exceptions to Limitations

      An exception to a valid limitation in a general appropriation bill 
  is in order, providing the exception does not add legislative language 
  in violation of rule XXI clause 2. Deschler Ch 26 Sec. Sec. 64.14, 
  64.15, 66.7. An exception from a limitation on the use of funds 
  stating that the limitation does not prohibit their use for certain 
  designated Federal activities may be held in order as not containing 
  new legislation if those activities are already mandated by law. 
  Deschler Ch 26 Sec. 66.6. Other exceptions to limitations in general 
  appropriation bills that have been held in order include:

     An amendment inserting ``Except as required by the 
         Constitution'' in provisions prohibiting the use of funds to 
         force a school district to take action involving the busing of 
         students. Deschler Ch 26 Sec. 64.14.
     A paragraph denying use of funds for antitrust actions against 
         units of local government, but providing that the limitation 
         did not apply to private antitrust actions. Deschler Ch 26 
         Sec. 66.10.
     A provision excepting a limitation on funds for food stamp 
         assistance for certain households eligible for general 
         assistance from a local government. Deschler Ch 26 Sec. 64.15.
     A provision excepting a limitation on funds for the Office of 
         Personnel Management to enter contracts for health benefit 
         plans that excepted certain specified coverage and plans. 
         Manual Sec. 1054.

      Exceptions to limitation amendments that fail to comply with the 
  principle that limiting language must not contain legislation are 
  subject to a point of order under rule XXI clause 2. Deschler Ch 26 
  Sec. 63.7. That point of order will lie, for example, against an 
  exception from a limitation if it contains legislation requiring new 
  executive determinations. Manual Sec. 1054. However, an exception from 
  a limitation may include language precisely descriptive of authority 
  provided in law as long as the exception only requires determinations 
  already required by law and does not impose new duties on Federal 
  officials. Deschler Ch 26 Sec. 66.3.


  Sec. 58 . Limitations as to Recipients of Funds

      Although it is not in order in a general appropriation bill to 
  legislate as to qualifications of the recipients of an appropriation, 
  the House may specify that no part of the appropriation shall go to 
  recipients lacking certain qualifications. Manual Sec. 1059; 7 Cannon 
  Sec. 1655; Deschler Ch 26 Sec. 53. It is in order to describe the 
  qualifications of the recipients of the funds and to deny the 
  availability of those funds to recipients not meeting those criteria, 
  the restriction being confined to the fiscal year covered by the bill. 
  Deschler Ch 26 Sec. 64.15. It is likewise in order to deny the 
  availability of funds in the bill to an office that fails to satisfy 
  certain factual criteria, as long as

[[Page 134]]

  no new substantive determinations are required. 95-2, June 14, 1978, p 
  17668.
      Amendments requiring the recipients of funds carried in the bill 
  to be in compliance with an existing law have been permitted where the 
  concerned Federal officials are already under an obligation to oversee 
  the enforcement of existing law and are thus burdened by no additional 
  duties by the amendment. 91-1, July 31, 1969, p 21633.
      Limitations relating to the qualifications of recipients that have 
  been held in order include:

     A provision limiting payments from appropriated funds to 
         persons receiving pay from another source in excess of a 
         certain amount. 7 Cannon Sec. 1669.
     An amendment providing that none of the funds for a program 
         shall be paid to any person having a certain net income in the 
         previous calendar year. Deschler Ch 26 Sec. 67.3.
     An amendment proposing that no part of an appropriation for an 
         agency shall be used for salaries of persons in certain 
         positions who are not qualified engineers with at least 10 
         years' experience. Deschler Ch 26 Sec. 76.2.
     An amendment denying funds to pay the compensation of persons 
         who allocate positions in the classified civil service subject 
         to a maximum age requirement. Deschler Ch 26 Sec. 74.1.

      An amendment to a general appropriation bill that denies the 
  availability of funds in the bill for the benefit of a certain 
  category of recipients but which requires Federal officials to make 
  additional determinations not required by law as to the qualifications 
  of those recipients is legislation. Deschler Ch 26 Sec. 53.4. Such an 
  amendment is legislation if it requires a Federal official to 
  subjectively evaluate the propriety or nature of individual conduct. 
  96-2, Sept. 16, 1980, p 25604. Provisions ruled out of order as 
  requiring additional determinations include:

     An amendment denying funds for financial assistance to college 
         students who had engaged in certain types of disruptive 
         conduct, and requiring that the college initiate certain 
         hearing procedures. Deschler Ch 26 Sec. 61.4.
     An amendment prohibiting the use of ``impacted school 
         assistance'' funds for children whose parents were employed on 
         Federal property outside the school district. Deschler Ch 26 
         Sec. 52.18.
     An amendment prohibiting the expenditure of funds in any 
         workplace that was not free of illegal substances by requiring 
         contract recipients to so certify and requiring contracts to 
         contain provisions withholding payment upon violation. Manual 
         Sec. 1054.
     An amendment requiring an agency to investigate and determine 
         whether a person or entity entering into a contract with funds 
         under the pending bill is subject to a legal proceeding 
         commenced by the Federal government and alleging fraud. Manual 
         Sec. 1054.

[[Page 135]]

  Sec. 59 . Limitations on Funds in Other Acts

      A limitation must apply solely to the money of the appropriation 
  under consideration and may not be applied to money appropriated in 
  other Acts. A limitation that is not confined to funds in the pending 
  bill is legislation on an appropriation bill under rule XXI clause 2 
  and not in order. 4 Hinds Sec. 3927; 7 Cannon Sec. 1495; Deschler Ch 
  26 Sec. Sec. 27.2, 27.7, 27.8, 27.12, 27.16. An amendment to an 
  appropriation bill seeking to change a limitation on expenditures 
  carried in a previous appropriation bill has been held to be 
  legislation and not in order. Deschler Ch 26 Sec. Sec. 22.9, 22.10. 
  Language requiring future fiscal year funding to be subject to 
  limitations to be subsequently specified is legislation and not in 
  order. Manual Sec. 1053.
      Provisions in general appropriation bills that have been held out 
  of order because they imposed a limitation that was not confined to 
  the funds in the bill include:

     An amendment providing that funds appropriated ``or otherwise 
         made available'' for a public works project be limited to a 
         certain use. 95-2, June 15, 1978, p 12831.
     A provision limiting the appropriation contained ``in this or 
         any other act'' to a certain purpose. Deschler Ch 26 
         Sec. 27.20.
     A provision providing that no part of ``any appropriation'' 
         shall be used for a specified purpose. Deschler Ch 26 
         Sec. 27.18.
     An amendment providing that ``no appropriation heretofore 
         made'' be used for a certain purpose. Deschler Ch 26 
         Sec. 27.21.
     An amendment declaring that ``hereafter no part of any 
         appropriation'' shall be available for certain purposes. 
         Deschler Ch 26 Sec. Sec. 27.16, 27.25.
     An amendment providing that none of the funds in the bill ``or 
         elsewhere made available'' be used for a certain purpose. 
         Deschler Ch 26 Sec. 27.12.
     An amendment providing that ``total payments to any person'' 
         under a soil conservation program shall not exceed a certain 
         amount. Deschler Ch 26 Sec. 27.5.


  Sec. 59a . Funding Floors

                   Transportation Obligation Limitations

      Section 8101(3) of the Transportation Equity Act for the 21st 
  Century (Pub. L. No. 105-178) added rule XXI clause 3, which precludes 
  consideration of a measure that would cause obligation limitations to 
  be below the level for any fiscal year set forth in section 8103 of 
  the Transportation Equity Act for the 21st Century, as adjusted, for 
  the highway category or the mass transit category, as applicable. 
  Manual Sec. 1064. The Omnibus Consolidated and Emergency Supplemental 
  Appropriations Act, 1999 (sec. 108, div. C, Pub. L. No. 105-277; 112 
  Stat. 2681-586), included the following provi

[[Page 136]]

  sion: ``Sec. 108. For the purpose of any rule of the House of 
  Representatives, notwithstanding any other provision of law, any 
  obligation limitation relating to surface transportation projects 
  under section 1602 of Pub. L. No. 105-178 shall be assumed to be 
  administered on the basis of sound program management practices that 
  are consistent with past practices of the administering agency 
  permitting States to decide High Priority Project funding priorities 
  within State program allocations.'' Clause 3 and the cited law should 
  be read together, notwithstanding subsequent readoption of clause 3, 
  because the two are not mutually inconsistent.

                       Funding for Aviation Programs

      Section 106 of the Wendell H. Ford Aviation Investment and Reform 
  Act for the 21st Century (Pub. L. No. 106-181) added a provision 
  establishing points of order to guarantee a certain level of budget 
  resources available from the Airport and Airway Trust Fund each fiscal 
  year through fiscal year 2003, to restrict the uses of those 
  resources, and to guarantee a certain level of appropriations. The 
  chairmen of the Committee on Rules and the Committee on Transportation 
  and Infrastructure inserted in the Congressional Record correspondence 
  concerning points of order established in this section. Manual 
  Sec. 1064a; 106-2, Mar. 15, 2000, p ____.


                            V. Reappropriations


  Sec. 60 . In General

                    Generally; Transfers Distinguished

      A restriction against the inclusion of reappropriations in general 
  appropriation bills is set forth in rule XXI clause 2(a). Manual 
  Sec. 1037. Reappropriations are to be distinguished from transfers of 
  funds, which are permitted under some circumstances. See Sec. Sec. 36, 
  37, supra.
      Before enactment of the Legislative Reorganization Act of 1946, 
  provisions that reappropriated in a direct manner unexpended balances 
  and continued their availability for the same purpose for an extended 
  period of time were not prohibited by rule XXI, because they were not 
  deemed to change existing law by conferring new authority. 4 Hinds 
  Sec. 3592; 7 Cannon Sec. 1152; Deschler Ch 26 Sec. 30. Today, however, 
  with two exceptions, rule XXI clause 2(a) precludes the 
  reappropriation of unexpended balances in a general appropriation bill 
  or amendment thereto. Manual Sec. 1037. The rule specifically excludes 
  (1) appropriations in continuation of appropriations for public works 
  on which work has commenced, and (2) transfers of unexpended balances 
  within the department or agency for which they were originally appro

[[Page 137]]

  priated. Manual Sec. 1037. As to what constitutes a public work in 
  progress under rule XXI clause 2, see Sec. 26, supra.
      Rule XXI clause 2(a) is limited by its terms to general 
  appropriation bills and amendments thereto, and the exceptions 
  specified by it apply only to propositions reported by the Committee 
  on Appropriations. Manual Sec. 1037. An unreported joint resolution 
  carrying a transfer of unobligated balances of previously appropriated 
  funds--and not containing an appropriation of any new budget 
  authority--is not a general appropriation bill within the meaning of 
  that rule. Manual Sec. 1044.

                  Provisions Subject to a Point of Order

      Language in a general appropriation bill making available 
  unobligated balances of funds appropriated in prior appropriation Acts 
  may constitute a reappropriation in violation of rule XXI clause 2(a). 
  Deschler Ch 25 Sec. 3.2. A provision transferring previously 
  appropriated funds to extend their availability and to merge them with 
  current-year funds is likewise in violation of clause 2(a). 98-1, Oct. 
  26, 1983, pp 29416, 29417. Unless permitted under one of the 
  exceptions specified in clause 2, the reappropriation is subject to a 
  point of order, even though the funds are sought for the same purpose 
  as the original appropriation and the original appropriation was 
  authorized in law. Manual Sec. 1063; Deschler Ch 25 Sec. 3.3.

                 Authorization Bills and Reappropriations

      Language in an appropriation bill continuing the availability of 
  unobligated balances of prior appropriations is in order where 
  provisions of the original authorizing legislation permit such a 
  reappropriation and are still in effect. Deschler Ch 25 Sec. 3.8. Rule 
  XXI clause 2(a) is not applicable to appropriation bills when the 
  reappropriation language is identical to legislative authorization 
  language enacted subsequent to the adoption of the rule, because the 
  authorizing law is a more recent expression of the will of the House. 
  Deschler Ch 25 Sec. 3.7.


                  VI. Reporting; Consideration and Debate

                               A. Generally


  Sec. 61 . Privileged Status; Voting

                                 Generally

      General appropriation bills have long enjoyed a privileged status 
  under the rules of the House. Such bills may be reported ``at any 
  time'' under

[[Page 138]]

  rule XIII clause 5. Manual Sec. 853; see also Committees. In 1981, 
  this privilege was extended to joint resolutions continuing 
  appropriations for a fiscal year if reported after September 15 
  preceding the beginning of such fiscal year. Manual Sec. 853. The 
  privilege does not extend to special appropriations to address a 
  specific purpose. 8 Cannon Sec. 2285. Similarly, a joint resolution 
  providing an appropriation for a single government agency is not a 
  general appropriation bill and is not reported as privileged. Deschler 
  Ch 25 Sec. 7.4. Consideration of a privileged appropriation bill is 
  subject to a three-day layover requirment. Sec. 62, infra.
      Nonprivileged appropriation bills may be made in order by 
  unanimous consent or pursuant to a special rule reported by the 
  Committee on Rules. Deschler Ch 25 Sec. 6; see also Sec. 75, infra.
      Under rule XX clause 10, the yeas and nays are automatically 
  ordered when the Speaker puts the question on final passage or 
  adoption of any bill, joint resolution, or conference report making 
  general appropriations. Manual Sec. 1033.

             Prior Consideration in the Committee of the Whole

      All bills that make appropriations--indeed all proceedings 
  ``directly or indirectly making appropriations''--require 
  consideration first in the Committee of the Whole, and a point of 
  order may be made under rule XVIII clause 3 at any time before the 
  consideration of a bill has commenced. Manual Sec. 973. Filing an 
  appropriation bill ``as privileged'' permits a later privileged motion 
  under rule XVIII clause 4(b) that the House resolve itself into the 
  Committee of the Whole for the purpose of considering the bill. Manual 
  Sec. 977.
      To require consideration in the Committee of the Whole under rule 
  XVIII clause 3, a bill must show on its face that it falls within the 
  requirements of the rule. 4 Hinds Sec. Sec. 4811-4817; 8 Cannon 
  Sec. 2391. Where the expenditure is a mere matter of speculation (4 
  Hinds Sec. Sec. 4818-4821), or where the bill might involve a charge 
  on the Treasury but does not necessarily do so (4 Hinds 
  Sec. Sec. 4809, 4810), the rule does not apply. In passing on the 
  question as to whether a proposition involves a charge upon the 
  Treasury, the Speaker is confined to the provisions of the text and 
  may not take into consideration personal knowledge not directly 
  deducible therefrom. 8 Cannon Sec. Sec. 2386, 2391. However, where a 
  bill sets in motion a train of circumstances destined ultimately to 
  involve Treasury expenditures, it must be considered in the Committee 
  of the Whole. 4 Hinds Sec. 4827; 8 Cannon Sec. 2399. The requirements 
  of the rule apply to amendments as well as to bills. 4 Hinds 
  Sec. Sec. 4793, 4794. Indeed, the rule applies to any portion of a 
  bill requiring an

[[Page 139]]

  appropriation, even though it be merely incidental to the bill's main 
  purpose. 4 Hinds Sec. 4825; Senate amendments, see Sec. 70, infra.

        Consideration in the House as in the Committee of the Whole

      Pursuant to a special order previously agreed to, an appropriation 
  bill may be called up as if privileged and considered in the House as 
  in the Committee of the Whole (meaning that the bill is considered as 
  read and open to amendment at any point under the five-minute rule, 
  without general debate). 91-2, June 24, 1970, p 21239. On numerous 
  occasions the House has by unanimous consent provided for the 
  consideration of an appropriation bill in the House as in the 
  Committee of the Whole. 89-1, July 28, 1965, p 18578; 89-1, Oct. 13, 
  1965, p 26881.


  Sec. 62 . When Bills May Be Considered

      The privilege given to general appropriation bills is subject to 
  the requirement of rule XIII clause 4 that such bills may not be 
  considered in the House until printed committee hearings and a 
  committee report thereon have been available to the Members for at 
  least three calendar days (excluding Saturdays, Sundays, and legal 
  holidays if not in session). Manual Sec. Sec. 850-852. In counting the 
  ``three calendar days,'' the date the bill is filed or the date on 
  which it is to be called up for consideration is counted, but not 
  both. Manual Sec. 850.
      The three-day layover requirement may be waived by unanimous 
  consent or pursuant to the adoption of a special rule from the 
  Committee on Rules.


  Sec. 63 . Debate; Consideration of Amendments; Perfecting Amendments; 
            En Bloc Amendments

                     Generally; Perfecting Amendments

      Under rule XVIII clause 5(a), amendments perfecting a general 
  appropriation bill are considered in the Committee of the Whole during 
  the reading of the bill for amendment under the five-minute rule. 
  Manual Sec. Sec. 978, 980. General appropriation bills are read for 
  amendment by paragraph--unless a special rule provides otherwise--
  whereas bills appropriating funds for a specific purpose are read by 
  sections. 4 Hinds Sec. Sec. 4739, 4740; Deschler Ch 25 Sec. 11.8.
      An amendment to a paragraph in a general appropriation bill must 
  be offered immediately after that paragraph is read by the Clerk. 
  Deschler-Brown Ch 29 Sec. 19.4. Amendments are in order only to the 
  paragraph just read, not to the entire subject matter under a heading 
  in the bill. Deschler

[[Page 140]]

  Ch 25 Sec. 11.9. An amendment to a paragraph that has been passed 
  during the reading of the bill may be offered only by unanimous 
  consent. Deschler Ch 25 Sec. 11.13. Where the Clerk has read a 
  paragraph in title II, an amendment to insert a new section at the end 
  of title I may be offered only by unanimous consent. See Amendments.
      Where an initial subparagraph in a general appropriation bill 
  appropriates an aggregate amount from a special fund for specific 
  projects that are delineated and separately funded in subsequent 
  subparagraphs, each project will be treated as part of the entire 
  paragraph so as to permit the offering as one amendment of proposals 
  to change a particular project and to adjust the aggregate amount 
  accordingly. 102-2, July 1, 1992, pp 17272, 17273, 17277 (reversing a 
  ruling at 98-2, Nov. 30, 1982, p 28066).

                            En Bloc Amendments

      Under rule XXI clause 2(f), en bloc amendments proposing only to 
  transfer appropriations among objects in the bill, without increasing 
  the levels of budget authority or outlays in the bill, are in order 
  during the reading of the bill for amendment in the Committee of the 
  Whole. Such amendments may amend portions of the bill not yet read for 
  amendment and are not subject to a demand for division of the 
  question. The burden of proof is on the proponent of the amendment to 
  show the en bloc amendment does not increase the levels of budget 
  authority or outlays. Manual Sec. 1063a.

                        Consideration in the House

      Amendments adopted in the Committee of the Whole are reported to 
  the House for action. During consideration of the bill in the House, 
  it is in order to demand that those amendments be voted on separately. 
  Deschler Ch 25 Sec. 11.21.


  Sec. 64 . -- Limitation Amendments; Retrenchments

                   Amendments Authorized in Existing Law

      Limitation amendments ``specifically contained or authorized in 
  existing law for the period of the limitation'' may, pursuant to rule 
  XXI clause 2(c), be offered in the Committee of the Whole during the 
  reading of a general appropriation bill for amendment. Manual 
  Sec. Sec. 1039, 1043. However, that rule is strictly construed to 
  apply only where existing law requires or permits the inclusion of 
  limiting language in an appropriation Act, and not merely where the 
  limitation is alleged to be ``consistent with existing law.'' Manual 
  Sec. 1043.

[[Page 141]]

    Limitation Amendments Not Authorized in Existing Law; Retrenchment 
                                Amendments

      In 1983 and in 1995, the House adopted and then modified 
  procedures for the consideration of retrenchment and limitation 
  amendments: such amendments are in order only (1) when reading of the 
  bill has been completed and (2) if the Committee of the Whole does not 
  adopt a motion, if offered by the Majority Leader or his designee, to 
  rise and report the bill back to the House. Manual Sec. Sec. 1040, 
  1043. Pursuant to rule XXI clause 2(d), a general appropriation bill 
  must be read for amendment in its entirety (including the short title 
  of the bill if part of the text) before retrenchments or amendments 
  proposing limitations are in order. After the bill has been read, the 
  motion that the Committee of the Whole rise and report the bill to the 
  House with the amendments adopted takes precedence over any other 
  amendment. Manual Sec. 1043. Under clause 2(d), an amendment proposing 
  a limitation not specifically contained or authorized in existing law 
  for the period of the limitation is not in order during the reading of 
  the bill, and if offered at the completion of the reading, can be 
  entertained only if a preferential motion to rise and report, if 
  offered, is rejected. Manual Sec. 1043. However, the amendment with 
  the limitation if offered first may be considered as pending upon 
  rejection by the Committee of the preferential motion to rise and 
  report. 99-1, July 30, 1985, pp 21534-36.
      Unlike an amendment proposing a limitation or a retrenchment, an 
  amendment simply reducing an amount provided in a general 
  appropriation bill is not subject to the requirements of rule XXI 
  clause 2(d). Such amendment need not await the completion of the 
  reading and the disposition of other amendments or yield to a 
  preferential motion to rise and report. 102-2, June 30, 1992, pp 
  17139-41.


  Sec. 65 . Points of Order--Reserving Points of Order

                                 Generally

      Points of order may be raised in the Committee of the Whole to 
  enforce the requirements imposed on general appropriation bills by the 
  rules, such as the prohibition against unauthorized appropriations 
  (Sec. Sec. 10-14, supra), the restriction against legislation in 
  general appropriation bills (Sec. 27, supra), and the proscription 
  against the inclusion of reappropriations of unexpended balances 
  (Sec. 60, supra).
      Under the former practice, points of order ordinarily had to be 
  reserved against a general appropriation bill at the time the bill was 
  reported to the House and referred to the Union Calendar and could be 
  reserved after the bill had been referred to the Committee of the 
  Whole only by unanimous

[[Page 142]]

  consent. Deschler Ch 25 Sec. 12.1. Under rule XXI clause 1, it is not 
  necessary to reserve points of order at the time the bill is referred 
  to the Union Calendar; the right of a Member to raise them at a later 
  time is automatically protected. Manual Sec. 1035.

                            Against Amendments

      In the Committee of the Whole, the reservation of a point of order 
  against an amendment to an appropriation bill is within the discretion 
  of the Chair. If the reservation is permitted, the point of order must 
  be reserved before debate begins on the amendment. Deschler Ch 26 
  Sec. 2.2; see also Points of Order.


  Sec. 66 . -- Timeliness

               Generally; Points of Order Against Paragraphs

      A point of order against a provision in a general appropriation 
  bill may not be entertained during general debate but must await the 
  reading of that portion of the bill for amendment. 103-1, June 18, 
  1993, pp 13359, 13360. The time for making points of order against 
  items in an appropriation bill is after the House has resolved itself 
  into the Committee of the Whole and after the paragraph containing 
  such items has been read for amendment. Deschler Ch 25 Sec. 12.8. A 
  point of order against the paragraph on the ground that it is 
  legislation will not lie before the paragraph is read. Deschler Ch 26 
  Sec. 2.10. A point of order against two consecutive paragraphs 
  comprising a section in the bill can be made only by unanimous 
  consent. Deschler Ch 25 Sec. 12.5.
      Points of order against a paragraph must be made before an 
  amendment is offered thereto or before the Clerk reads the next 
  paragraph heading and amount. Manual Sec. 1044; Deschler Ch 26 Sec. 2. 
  A point of order against a paragraph that has been passed in the 
  reading for amendment may be made only by unanimous consent. See 
  Points of Order; Parliamentary Inquiries.
      A point of order must be made against a paragraph after it is read 
  and before an amendment is offered thereto, including a pro forma 
  amendment offered for the purpose of debate only and an amendment that 
  is ruled out of order. Deschler Ch 26 Sec. 2.21. However, the point of 
  order is not precluded by the fact that, by unanimous consent, an 
  amendment had been offered to the paragraph before it was read. 
  Deschler Ch 26 Sec. 2.10. As required by clause 2(f), the Chair will 
  query for points of order against the provisions of an appropriation 
  bill not yet reached in the reading but addressed by an amendment 
  offered en bloc under that clause. Manual Sec. 1058.

[[Page 143]]

          Timeliness Where Bill is Considered as Having Been Read

      Where a general appropriation bill or a portion thereof (a title, 
  for example) is considered as having been read and open to amendment 
  by unanimous consent, points of order against provisions therein must 
  be made before amendments are offered and cannot be reserved pending 
  subsequent action on amendments. Manual Sec. 1044; Deschler Ch 26 
  Sec. 2. In this situation, the Chair first inquires whether any Member 
  desires to raise a point of order against any portion of the pending 
  text. The Chair then recognizes Members to offer amendments to that 
  text. Deschler Ch 26 Sec. 2.15. A point of order comes too late if it 
  is made after the Chair has asked for amendments after having asked 
  for points of order. Deschler Ch 26 Sec. 2.16.
      Where an appropriation bill partially read for amendment is then 
  opened for amendment ``at any point'' (rather than for ``the remainder 
  of the bill''), points of order to paragraphs already read may yet be 
  entertained. Deschler Ch 26 Sec. 2.14.

                    Points of Order Against Amendments

      Points of order against proposed amendments to a general 
  appropriation bill must be made or reserved immediately after the 
  amendment is read. After a Member has been granted time to address the 
  Committee of the Whole on his amendment, it is too late to make a 
  point of order against it. Deschler Ch 26 Sec. 12.13.


  Sec. 67 . -- Points of Order Against Particular Provisions

                   Generally; Against Paragraphs of Bill

      Points of order against unauthorized appropriations or legislation 
  on general appropriation bills may be raised against an entire 
  paragraph or a portion only of a paragraph. 4 Hinds Sec. 3652; 5 
  Cannon Sec. 6881. If raised against only a portion of a paragraph, any 
  Member may extend the point of order to the entire paragraph. Manual 
  Sec. 1044.
      Where a point of order is made against an entire paragraph in an 
  appropriation bill on the ground that a portion thereof is in conflict 
  with the rules of the House and the point of order is sustained, the 
  entire paragraph is eliminated. Manual Sec. 1044; Deschler Ch 26 
  Sec. 2.4. Similarly, where a point of order is made against an entire 
  proviso on the ground that a portion of it is subject to the point of 
  order, and the point of order is sustained, the entire proviso is 
  eliminated. Deschler Ch 26 Sec. 2.6.

[[Page 144]]

                            Against Amendments

      If any portion of an amendment to an appropriation bill 
  constitutes legislation, the entire amendment is subject to a point of 
  order. Manual Sec. 1044.
      A point of order against an amendment as legislation on a general 
  appropriation bill must be determined in relation to the bill in its 
  modified form (as affected by disposition of prior points of order). 
  Deschler Ch 26 Sec. 2.24.


  Sec. 68 . -- Waiving Points of Order

                     Generally; Alternative Procedures

      Points of order against a general appropriation bill may be waived 
  in various ways:

     By unanimous consent. Deschler Ch 26 Sec. 31.
     By special rule from the Committee on Rules. Manual Sec. 1057; 
         4 Hinds Sec. Sec. 3260-3263; Deschler Ch 26 Sec. 3.
     By motion to suspend the rules. 4 Hinds Sec. 3845.
     By failure to make a timely point of order. Deschler Ch 26 
         Sec. 3.17.

      Note: Although legislation in an appropriation bill may be subject 
  to a point of order under rule XXI clause 2, such language ultimately 
  included in an appropriation Act becomes permanent law where it is 
  permanent in its language and nature. Deschler Ch 26 Sec. 3.17.

                 Waiver of Points of Order by Special Rule

      A waiver of points of order pursuant to a special rule from the 
  Committee on Rules may be couched in broad terms, as where it seeks to 
  protect the entire bill against points of order. Deschler Ch 26 
  Sec. 3.14. The waiver also may be confined to points of order directed 
  at a particular title or a specified chapter of the bill. Deschler Ch 
  26 Sec. Sec. 3.7, 3.8. A waiver may be very limited in scope, as where 
  it permits points of order against portions of certain paragraphs but 
  not against entire paragraphs. See Deschler Ch 26 Sec. 3.5.

                   Waiver of Particular Points of Order

      The House, by adoption of a special rule from the Committee on 
  Rules, may waive any point of order, including:

     Against certain paragraphs in an appropriation bill not 
         authorized by law or containing legislative language. Deschler 
         Ch 26 Sec. Sec. 3.2, 3.6.
     Against reappropriations in violation of rule XXI clause 2(a). 
         97-1, July 30, 1981, p 18803.

[[Page 145]]

     Against consideration of a bill containing new budget 
         authority in excess of allocations to subcommittees and for 
         failure of the committee report to contain a comparison of 
         spending in the bill with subcommittee allocations. 99-2, Apr. 
         22, 1986, pp 8343, 8344, 8348.
     Against consideration of the bill until printed committee 
         hearings and the committee report have been available for three 
         days as is required by rule XIII clause 4. Deschler Ch 25 
         Sec. 10.3.

        Application of Waiver to Points of Order Against Amendments

      Although points of order against the particular provisions of a 
  bill may be waived by unanimous consent or special rule, such waiver 
  will not preclude points of order against amendments offered from the 
  floor unless the waiver is made specifically applicable to such 
  amendments. Deschler Ch 26 Sec. 3. Thus, where a general appropriation 
  bill is considered under terms of a special rule waiving points of 
  order ``against said bill,'' the waiver applies only to the provisions 
  of the bill and not to amendments thereto. Deschler Ch 26 Sec. 3.14. 
  However, a special rule waiving points of order may be drafted in such 
  a way as to protect a specific amendment or to protect ``any amendment 
  offered by direction of the Committee on Appropriations.'' Deschler Ch 
  26 Sec. Sec. 3.10, 3.11.


  Sec. 69 . Amending Language Permitted to Remain

                               When in Order

      Language that has been permitted to remain in a general 
  appropriation bill or amendment by virtue of a waiver may be modified 
  by a further amendment if it is germane and does not contain 
  additional legislation or additional unauthorized items. Manual 
  Sec. 1057; 4 Hinds Sec. 3862; 7 Cannon Sec. 1420; Deschler Ch 26 
  Sec. 3. The Chair will examine an entire legislative provision 
  permitted to remain when ruling that an amendment to a portion of the 
  provision was merely perfecting. Manual Sec. 1058.
      Where an unauthorized appropriation is permitted to remain in the 
  bill by failure to raise, or by waiver of, a point of order, an 
  amendment merely changing the amount and not adding legislative 
  language or earmarking separate funds for another unauthorized purpose 
  is in order. Manual Sec. 1057; Deschler Ch 26 Sec. 3.38. However, an 
  increase in the amount may violate sections 302 or 311 of the 
  Congressional Budget Act of 1974. An amendment adding a new paragraph 
  indirectly increasing an unauthorized amount contained in a prior 
  paragraph passed in the reading is subject to a point of order because 
  the new paragraph is adding a further unauthorized amount not 
  textually protected by the waiver. However, a new paragraph indirectly 
  reducing an unauthorized amount permitted to remain in a prior 
  paragraph

[[Page 146]]

  passed in the reading is not subject to a point of order, because it 
  is not adding a further unauthorized amount. Manual Sec. 1057.
      To a legislative provision permitted to remain conferring 
  assistance on a certain class of recipients, an amendment adding 
  another class is further legislation and is not merely perfecting in 
  nature. On the other hand, to a legislative provision permitted to 
  remain, an amendment particularizing a definition in the language was 
  held not to constitute additional legislation where it was shown that 
  the definition being amended already contemplated inclusion of the 
  covered class. Manual Sec. 1058.

                             When Not in Order

      Although legislative language in a general appropriation bill that 
  is permitted to remain therein because of a waiver of points of order 
  may be perfected by germane amendment, such an amendment may not, 
  under rule XXI clause 2, add additional legislation. Manual Sec. 1057; 
  4 Hinds Sec. Sec. 3836, 3837; 7 Cannon Sec. Sec. 1425-1434. Such an 
  amendment may not earmark funds for an unauthorized purpose or direct 
  a new use of funds not required by law. Manual Sec. 1057; Deschler Ch 
  26 Sec. 3.30. The figures in an unauthorized item permitted to remain 
  may be perfected. However, the provision may not be changed by an 
  amendment substituting funds for a different unauthorized purpose. 
  Deschler Ch 26 Sec. 3.45. An increase in such figure may not be 
  accompanied by legislative language directing certain expenditures. 
  Deschler Ch 26 Sec. 3.42. Amendments to language permitted to remain 
  in an appropriation bill that have been ruled out under rule XXI 
  clause 2 include:

     An amendment adding additional legislation prohibiting the 
         availability of funds in other Acts for certain other purposes. 
         Deschler Ch 26 Sec. 3.18.
     An amendment adding an additional class of recipients to those 
         covered by a legislative provision permitted to remain. 
         Deschler Ch 26 Sec. 3.34.
     An amendment adding further unauthorized items of 
         appropriation or adding legislation in the form of new duties. 
         99-2, July 23, 1986, pp 16850, 16851.
     An amendment broadening the application of a legislative 
         provision permitted to remain so as to apply to other funds. 
         Manual Sec. 1045.
     An amendment adding a new paragraph in another part of the 
         bill that indirectly increases an unauthorized amount passed in 
         the reading, because not textually protected by the waiver. 
         Manual Sec. 1057.
     An amendment increasing an authorized amount above the 
         authorized ceiling. Manual Sec. 1058.
     An amendment in the form of a motion to strike, extending the 
         legislative reach of the pending text. Manual Sec. 1058.
     An amendment extending restrictions on recipients of a defined 
         set of Federal payments and benefits to persons benefiting from 
         a certain tax status determined on the basis of wholly 
         unrelated criteria. Manual Sec. 1058.

[[Page 147]]

     An amendment explicitly waiving a different provision of law 
         than that addressed in language permitted to remain. Manual 
         Sec. 1058.


                           B. Senate Amendments


  Sec. 70 . In General

              Senate Amendments Before Stage of Disagreement

      Rule XXII clause 3 requires any Senate amendment involving a new 
  and distinct appropriation to be first considered in the Committee of 
  the Whole. However, the modern practice bypasses this requirement by 
  sending appropriation bills with Senate amendments directly to 
  conference, either by unanimous consent or a motion under rule XXII 
  clause 1, notwithstanding the fact that the stage of disagreement has 
  not been reached. Manual Sec. Sec. 1070, 1073, 1074. Thus, earlier 
  precedents (4 Hinds Sec. Sec. 4797-4806; 8 Cannon Sec. Sec. 2382-2385) 
  governing initial consideration of Senate amendments to appropriation 
  bills in the Committee of the Whole are largely anachronistic, and the 
  practices discussed below regarding disposition of Senate amendments 
  normally involve the post-conference stage of consideration where the 
  stage of disagreement has been reached and motions in the House to 
  dispose of Senate amendments are privileged (Manual Sec. Sec. 528a-d, 
  1075).

                        Amending Senate Amendments

      A point of order under rule XXI clause 2 does not lie against a 
  Senate amendment to a House general appropriation bill. Manual 
  Sec. Sec. 1058, 1076; 7 Cannon Sec. 1572. Where a Senate amendment on 
  a general appropriation bill proposes an expenditure not authorized by 
  law, it is in order in the House to perfect such Senate amendment by 
  germane amendments. Deschler Ch 25 Sec. 13.13; Deschler Ch 26 
  Sec. 6.1. Similarly, where the Senate attaches a ``legislative'' 
  amendment to the bill, it is in order in the House to concur with a 
  perfecting amendment provided such amendment is germane to the Senate 
  amendment. Deschler Ch 25 Sec. 13.14. In amending a Senate amendment, 
  the House is not confined to the limits of the amount set by the 
  original bill and the Senate amendment. Deschler Ch 25 Sec. 13.15.

                    Amendments Reported in Disagreement

      A Senate amendment containing legislation reported from conference 
  in disagreement (see Sec. 71, infra) may be amended by a germane 
  amendment even though the proposed amendment also is legislative. 
  Manual Sec. 1058; Deschler Ch 26 Sec. 6.9. Although rule XXII clause 5 
  prohibits House con

[[Page 148]]

  ferees from agreeing to a Senate amendment that proposes legislation 
  on an appropriation bill without specific authority from the House, 
  that rule is a restriction upon the managers only. It does not provide 
  for a point of order against such amendment when it is reported in 
  disagreement and comes up for separate action by the House. 7 Cannon 
  Sec. 1572. It is customary for the managers to report such amendments 
  in technical disagreement. After disposing of the conference report, 
  which includes those Senate amendments not in violation of rule XXI 
  clause 2, amendments reported in technical or true disagreement are 
  taken up in order and disposed of directly in the House by separate 
  motion. Manual Sec. 1076; 7 Cannon Sec. 1572. Accordingly, where a 
  Senate amendment proposing legislation on a general appropriation bill 
  is reported back from conference in disagreement, a motion to concur 
  in the Senate amendment with a further amendment is in order, even if 
  the proposed amendment adds legislation to that contained in the 
  Senate amendment, and the only test is whether the proposed amendment 
  is germane to the Senate amendment reported in disagreement. Manual 
  Sec. Sec. 1058, 1076; Deschler Ch 26 Sec. 6.5.


  Sec. 71 . Authority of Conference Managers

                                 Generally

      Under rule XXII clause 5, the managers on the part of the House 
  may not agree to any Senate amendment to a general appropriation bill 
  if that amendment, had it originated in the House, would have been in 
  violation of rule XXI clause 2, unless such agreement is specifically 
  authorized by separate vote prior thereto. That restriction has been 
  interpreted to extend to Senate amendments in the form of limitations 
  because limitation amendments are in violation of clause 2(c) unless 
  offered at the end of reading for amendment in the Committee of the 
  Whole. It has been the practice of the managers at a conference on a 
  general appropriation bill to bring Senate amendments containing 
  limitations back to the House in technical disagreement. The House may 
  then dispose of them by proper motion, the stage of disagreement 
  having been reached.
      Rule XXII clause 5 also precludes House managers from agreeing in 
  conference to Senate appropriation amendments on any bill other than a 
  general appropriation bill unless authorized by separate vote. Manual 
  Sec. 1076. Under this rule, a conference report may be ruled out when 
  conferees present to the House a conference report on a legislative 
  measure on which the conferees agreed to a Senate amendment 
  appropriating funds. Deschler Ch 25 Sec. Sec. 13.8, 13.9. However, a 
  point of order against an appropriation in a conference report on a 
  legislative bill will lie under the rule only if that

[[Page 149]]

  provision was originally contained in a Senate amendment and will not 
  lie against a provision permitted by the House to remain in its bill. 
  Deschler Ch 25 Sec. 13.12. Moreover, because the rule applies only to 
  Senate amendments that are sent to conference, it does not apply to 
  appropriations contained in Senate legislative bills. Deschler Ch 25 
  Sec. 13.11; generally, see Conferences Between the Houses.

                       Authorization by Special Rule

      The managers on the part of the House may be authorized by special 
  rule reported by the Committee on Rules to agree to Senate amendments 
  carrying appropriations in violation of rule XXI clause 2. 7 Cannon 
  Sec. 1577. Where the special rule waives points of order against 
  portions of an appropriation bill that are unauthorized by law, and 
  the bill passes the House with those provisions included and goes to 
  conference, the conferees may report back their agreement to those 
  provisions even though they remain unauthorized, because the waiver 
  carries over to the consideration of the same provisions when the 
  conference report is before the House. Manual Sec. 1076.

                    Authorization by Unanimous Consent

      A Member may seek unanimous consent to send an appropriation bill 
  to conference and authorize the House conferees to agree to Senate 
  legislative amendments notwithstanding the restrictions contained in 
  rule XXII clause 5. Deschler Ch 26 Sec. 6.3. However, unanimous 
  consent merely to take from the Speaker's table and send to conference 
  a bill with Senate amendments does not waive the provisions of the 
  rule restricting the House conferees' authority. 7 Cannon Sec. 1574.


                 VII. Nonprivileged Appropriation Measures


  Sec. 72 . In General; Continuing Appropriations

      A continuing appropriations measure is legislation enacted by the 
  Congress to provide budget authority for specific ongoing Federal 
  programs when a regular appropriation for those programs has not been 
  enacted. Deschler Ch 25 Sec. 7.1.
      Joint resolutions continuing appropriations pending enactment of 
  general appropriation bills for the ensuing fiscal year are not 
  general appropriation bills and therefore are not reported or called 
  up as privileged unless reported after September 15 preceding the 
  beginning of such fiscal year. Rule XIII clause 5(a); Manual Sec. 853; 
  8 Cannon Sec. 2282; Deschler Ch 25 Sec. 7. A con

[[Page 150]]

  tinuing resolution may be called up by unanimous consent or under a 
  special rule. See Sec. 75, infra.
      A continuing resolution is not a general appropriation bill within 
  the meaning of rule XXI clause 2 and is therefore not subject to its 
  provisions. The restrictions against unauthorized items or legislation 
  in a general appropriation bill or amendment thereto are not 
  applicable to a continuing resolution despite inclusion of diverse 
  appropriations that are not continuing in nature. 94-1, June 17, 1975, 
  p 19176; Deschler Ch 26 Sec. 1.2.


  Sec. 73 . Supplemental Appropriations

      A supplemental appropriation provides budget authority in addition 
  to regular or continuing appropriations already made. Bills making 
  supplemental appropriations for diverse agencies are considered 
  general appropriation bills and are reported as such. Deschler Ch 25 
  Sec. 7.
      A waiver of points of order against a supplemental appropriation 
  bill may be provided for by special rule from the Committee on Rules. 
  The rule may waive points of order against the entire bill or against 
  a specific paragraph in the bill. Deschler Ch 25 Sec. Sec. 9.6, 9.7. 
  Such a rule has been considered and agreed to by the House even after 
  general debate on the bill has been concluded and reading for 
  amendment has begun in the Committee of the Whole. Deschler Ch 25 
  Sec. 9.1.


  Sec. 74 . Appropriations for a Single Agency

      A measure making an appropriation for a single department or 
  agency is not a general appropriation bill within the meaning of rule 
  XIII clause 5(a). Therefore, such a measure is not privileged for 
  consideration when reported by the Committee on Appropriations and is 
  not subject to points of order under rule XXI clause 2. Deschler Ch 25 
  Sec. Sec. 7.3, 7.4; 95-1, Feb. 3, 1977, p 3473.


  Sec. 75 . Consideration

             By Special Rule, Unanimous Consent, or Suspension

      The consideration of nonprivileged appropriation measures may be 
  made in order by a special rule from the Committee on Rules (Deschler 
  Ch 25 Sec. 7.3), may be made in order by unanimous consent (98-2, Oct. 
  1, 1984, p 27961), or may be considered pursuant to a motion to 
  suspend the rules (Deschler Ch 25 Sec. 13.18). A joint resolution 
  continuing appropriations for a fiscal year is reported under rule 
  XIII clause 2, relating to the filing of nonprivileged reports. Manual 
  Sec. 831; Deschler Ch 25 Sec. 8.8.

[[Page 151]]

          Consideration in House as in the Committee of the Whole

      Formerly, joint resolutions continuing appropriations pending 
  enactment of regular annual appropriation measures were often 
  considered in the House as in the Committee of the Whole. More rarely 
  they were considered in Committee of the Whole to permit more 
  extensive general debate. Deschler Ch 25 Sec. 6 (note). Joint 
  resolutions providing supplemental appropriations also may be 
  considered in the House as in the Committee of the Whole. Deschler Ch 
  25 Sec. Sec. 11.5, 11.6. Such consideration may be provided for by 
  unanimous consent or pursuant to a special rule from the Committee on 
  Rules. Deschler Ch 25 Sec. Sec. 8.4, 8.7.

                          Consideration in House

      Under modern practice, continuing appropriation joint resolutions 
  are often considered by unanimous consent or by special rule ``in the 
  House'' under the hour rule, and often with the previous question 
  considered as ordered to prevent amendment. Deschler Ch 25 
  Sec. Sec. 8.9-8.12; 102-1, Sept. 24, 1991, p 23725.


                 VIII. Appropriations in Legislative Bills


  Sec. 76 . In General

                                 Generally

      Restrictions against the inclusion of appropriations in 
  legislative bills are provided for by rule XXI clause 4. A bill or 
  joint resolution carrying appropriations may not be reported by a 
  committee not having jurisdiction to report appropriations. The rule 
  also prohibits amendments proposing appropriations on a reported 
  legislative bill. Manual Sec. 1065. Under this rule, a provision 
  appropriating funds that is included in a bill reported by a 
  legislative committee is subject to a point of order. 7 Cannon 
  Sec. 2133; Deschler Ch 25 Sec. 4.24. However, because the rule by its 
  terms applies to appropriations ``reported'' by legislative 
  committees, the point of order does not apply to an appropriation in a 
  bill that has been taken away from a nonappropriating committee by a 
  motion to discharge. 7 Cannon Sec. 1019a. It also does not apply to a 
  special order reported from the Committee on Rules ``self-executing'' 
  the adoption to a bill of an amendment containing an appropriation, 
  because the amendment is not separately before the House during 
  consideration of the special order. Manual Sec. 1065.

[[Page 152]]

       Application to Senate Bills or Amendments Between the Houses

      The rule forbidding consideration of items carrying appropriations 
  in bills reported by nonappropriating committees applies to Senate 
  bills as well as to House bills. 7 Cannon Sec. Sec. 2136, 2147. The 
  point of order may be made against an appropriation in a Senate bill 
  under consideration (in lieu of a reported House bill) even though the 
  bill has not been reported by a committee of the House. 7 Cannon 
  Sec. 2137. This rule also applies to an amendment proposed to a Senate 
  amendment to a House bill not reported from the Committee on 
  Appropriations. Manual Sec. 1065.

                       Application to Private Bills

      Rule XXI clause 4 does not apply to private bills, because the 
  committees having jurisdiction of bills for the payment of private 
  claims may report bills making appropriations within the limits of 
  their jurisdiction. 7 Cannon Sec. 2135.


  Sec. 77 . What Constitutes an Appropriation in a Legislative Bill

                                 Generally

      As used in rule XXI clause 4, an ``appropriation'' means taking 
  money out of the Treasury by appropriate legislative language for the 
  support of the general functions of government. Deschler Ch 25 
  Sec. 4.43. Rulings on points of order under clause 4 have frequently 
  depended on whether language allegedly making an appropriation was in 
  fact merely language authorizing an appropriation. Deschler Ch 25 
  Sec. 4. Thus, a provision that disbursements ``shall be paid from the 
  appropriation made to the department for that purpose'' was construed 
  merely as an authorization and not an appropriation and was, 
  therefore, not subject to a point of order under clause 4. 7 Cannon 
  Sec. 2156.

                         Provisions Held in Order

      Provisions in a legislative bill that have been held not to 
  violate clause 4 include:

     A provision authorizing an appropriation of not less than a 
         certain amount for a specified purpose. Deschler Ch 25 
         Sec. 4.34.
     A provision providing that an appropriation come out of any 
         unexpended balances heretofore appropriated or made available 
         for emergency purposes. Deschler Ch 25 Sec. 4.35.
     A provision providing that all funds ``available'' for 
         carrying out the Act ``shall be available'' for allotment to 
         certain bureaus and offices, no use of existing funds being 
         permitted. Deschler Ch 25 Sec. 4.36.

[[Page 153]]

     A provision authorizing and directing an executive officer to 
         advance, when appropriated, sums of money out of the Treasury. 
         Deschler Ch 25 Sec. 4.38.
     A provision authorizing the withdrawal of money from the 
         Treasury belonging to a governmental agency, even though it 
         would otherwise eventually revert to the government. 7 Cannon 
         Sec. 2158.
     A provision authorizing the Secretary of the Treasury to use 
         proceeds of public-debt issues for the purpose of making loans. 
         Deschler Ch 25 Sec. 4.43.

                       Provisions Held out of Order

      Provisions in a legislative bill, or amendments thereto, that have 
  been held to violate clause 4 include:

     A provision directing that funds previously appropriated be 
         used for a purpose not specified in the original appropriation. 
         7 Cannon Sec. 2147.
     A provision reappropriating or diverting an appropriation for 
         a new purpose. 7 Cannon Sec. 2146; Deschler Ch 25 
         Sec. Sec. 4.1, 4.4.
     An amendment requiring the diversion of previously 
         appropriated funds in lieu of the enactment of new budget 
         authority. Manual Sec. 1065.
     A provision providing for the transfer of unexpended balances 
         of appropriations and making such funds available for 
         expenditure. Deschler Ch 25 Sec. 4.5.
     A provision making available an appropriation or a portion of 
         an appropriation already made for one purpose to another or for 
         one fiscal year to another. Manual Sec. 1065.
     A provision providing for the collection of certain fees and 
         authorizing the use of the fees so collected for the purchase 
         of certain installations. Deschler Ch 25 Sec. 4.16.
     An amendment establishing a user charge and making the 
         revenues collected therefrom available without further 
         appropriation. Deschler Ch 25 Sec. 4.19.
     A provision making available for administrative purposes money 
         repaid from advances and loans. Deschler Ch 25 Sec. 4.21.
     A provision directing disbursements from Indian trust funds. 7 
         Cannon Sec. 2149.
     An amendment permitting the acquisition of buses with funds 
         from the highway trust fund. 92-2, Oct. 5, 1972, p 34115.
     A provision establishing a special fund, to be available with 
         other funds appropriated, for the purpose of paying of refunds. 
         7 Cannon Sec. 2152.
     A provision making excess foreign currencies available to 
         stimulate private enterprise abroad. Deschler Ch 25 Sec. 4.22.
     A provision providing that the cost of certain surveys would 
         be paid from the appropriation theretofore or thereafter made 
         for such purposes. Deschler Ch 25 Sec. 4.10.
     A provision making available unobligated balances of 
         appropriations ``heretofore'' made to carry out the provisions 
         of the bill. Deschler Ch 25 Sec. 4.11.

[[Page 154]]

     An amendment waiving provisions in an appropriation Act that 
         limited the availability of funds appropriated therein for a 
         specified purpose, thereby increasing the availability of 
         appropriated funds. 93-2, Apr. 4, 1974, pp 9846, 9847.
     An amendment providing for the transfer of existing Federal 
         funds into a new Treasury trust fund and for their immediate 
         availability for a new purpose. 93-2, June 20, 1974, pp 20273-
         75.
     A provision authorizing the Treasurer to honor requisitions of 
         the Archivist in such manner and in accordance with such 
         regulations as the Treasurer might prescribe. Deschler Ch 25 
         Sec. 4.15.
     A provision in an omnibus reconciliation bill reported by the 
         Committee on the Budget making a direct appropriation to carry 
         out a part of the Energy Security Act. 99-1, Oct. 24, 1985, p 
         28812.


  Sec. 78 . Points of Order; Timeliness

                                 Generally

      A point of order under rule XXI clause 4 against an appropriation 
  in a bill reported by a legislative committee should be raised at the 
  appropriate time in the Committee of the Whole and does not lie in the 
  House before consideration of the bill. 94-1, Sept. 10, 1975, pp 
  28270, 28271. The provision in clause 4, that a point of order against 
  the appropriation can be made ``at any time'' has been interpreted to 
  require the point of order to be raised during the pendency of the 
  amendment under the five-minute rule. Deschler Ch 25 Sec. 12.14. Such 
  a point of order comes too late after the amendment has been agreed to 
  and has become part of the text of the bill, and cannot then be raised 
  against further consideration of the bill as amended. Manual 
  Sec. 1065.
      A point of order under clause 4 applies to the appropriation 
  against which it is directed and not to the bill carrying it. A point 
  of order in the House that the bill is improperly on the Union 
  Calendar does not lie. 7 Cannon Sec. 2140. The point of order should 
  be directed to the item of appropriation in the bill at the proper 
  time and not, in the House, to the act of reporting the bill. 7 Cannon 
  Sec. 2142. It follows that motions to discharge nonappropriating 
  committees from consideration of bills carrying appropriations are not 
  subject to points of order under the rule. 7 Cannon Sec. 2144.
      The intervention of debate or the consideration of amendments 
  following the reading do not preclude points of order under clause 4. 
  Points of order against appropriations in legislative bills may be 
  raised even after the merits of the proposition have been debated. 
  Deschler Ch 25 Sec. 12.15. A point of order against an amendment to a 
  legislative bill containing an appropriation can be raised ``at any 
  time'' during its pendency, even in its amended form, though the point 
  of order is against the amendment as

[[Page 155]]

  amended by a substitute and though no point of order was directed 
  against the substitute before its adoption. Manual Sec. 1065.

                          Waiving Points of Order

      Points of order based on clause 4 have sometimes been waived by 
  resolution. Deschler Ch 25 Sec. 4.3. Where the House has adopted a 
  resolution waiving points of order against certain appropriations in a 
  legislative bill, a point of order may nevertheless be raised against 
  an amendment to the bill containing an identical provision. 94-1, Apr. 
  23, 1975, p 11512.


  Sec. 79 . -- Directing Points of Order Against Objectionable Language

      A point of order under rule XXI clause 4 against an appropriation 
  in a legislative bill should be directed against that portion of the 
  bill (or against the amendment thereto) in which the appropriation is 
  contained and cannot be directed against the consideration of the 
  entire bill. 7 Cannon Sec. 2142; Deschler Ch 25 Sec. 4.2. If such a 
  point of order is sustained with respect to a portion of a section of 
  a legislative bill containing an appropriation, only that portion is 
  stricken. However, if the point of order is directed against the 
  entire section for inclusion of that language, the entire section will 
  be ruled out. 93-2, Apr. 4, 1974, pp 9845, 9846.