Parliamentary Outreach Program

Vol. 106, No. 22
May 31, 2000
David Dreier, Chairman
"General appropriation bills are read ... by paragraph headings and appropriation amounts, and 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. Where the bill is considered as having been read and open to amendment by unanimous consent, points of order against provisions in the bill must be made before amendments are offered, and cannot be reserved pending subsequent action on amendments."
- Deschelers Precedents, Chapter 26, section 2.

Points of Order in the House Appropriation Process

The following chart lists points of order that specifically apply to the House appropriations process. There are many other possible points of order under the rules of the House including those that relate to reporting and layover requirements as well as the rule of germaneness. What actual points of order may lie against a particular measure depend on the specific nature of that particular measure then under consideration by the House. Questions regarding specific points of order and specific measures should be addressed to the Office of the Parliamentarian. This chart only reflects those points of order that are most frequently utilized or waived.

CITATION
REQUIREMENT/PROHIBITION
APPLICABILITY
Clause 3(f) of Rule XIII Requiring the inclusion in an Appropriations Committee report of any rescissions or transfers of unexpected balances, any legislation, or any unauthorized appropriation. Against consideration of a general appropriation bill.
Clause 4(c) of Rule XIII Requiring the three-day availability of printed hearings on a general appropriations bill. Against consideration of a reported general appropriation bill.
Clause 2(a)(1) of Rule XXI Prohibiting unauthorized appropriations in a general appropriation bill. Against specific provisions in a reported general appropriation bill or consideration of an amendment thereto.
Clause 2(a)(2) of Rule XXI Prohibiting reappropriations in a general appropriations bill. Against specific provisions in a reported general appropriation bill or consideration of an amendment thereto.
Clause 2(b) of Rule XXI Prohibiting legislative provisions in a general appropriations bill. Against specific provisions in a reported general appropriation bill.
Clause 2(c) of Rule XXI Prohibiting legislative amendments from being offered to a general appropriation bill. Against consideration of an amendment to a general appropriation bill.
Clause 2(e) of Rule XXI Prohibiting non-emergency designated amendments to be offered to an appropriations bill containing an emergency designation. Against specific provisions in a reported general appropriation bill or consideration of an amendment thereto.
Section 302(c) of the Congressional Budget Act of 1974 Prohibiting consideration of a committee’s legislation providing new budget authority until that committee has filed its 302(b) suballocation report. Against consideration of a general appropriation bill, an amendment thereto, a motion or conference report thereon.
Section 302(f) of the Congressional Budget Act of 1974 Prohibiting consideration of legislation providing new budget authority in excess of a subcommittee’s 302(b) allocation of such authority. Against consideration of a general appropriation bill or an amendment.
Section 306 of the Congressional Budget Act of 1974 Prohibiting consideration of legislation within the jurisdiction of the Budget Committee unless reported by the Budget Committee. Against consideration of a general appropriation bill, an amendment thereto, a motion or conference report thereon.
Section 308(a) of the Congressional Budget Act of 1974 Requiring a Congressional Budget Office cost estimate in the committee report on any legislation containing new budget authority or a change in revenues. Against consideration of a reported general appropriation bill.
Section 401 of the Congressional Budget Act of 1974 Prohibiting consideration of budget-related legislation, as reported, that is not subject to appropriations. Against consideration of a general appropriation bill, an amendment thereto, a motion or conference report thereon.

**Source: House Rules and Manual and the Committee on Rules Surveys of Activities from the 103rd through the 105th Congresses.


Key Parliamentary Term

General Appropriation Bill - A term applied to each of the thirteen annual bills that provide funds for most federal agencies and programs and also to supplemental appropriation bills that contain appropriations for more than one agency or program. Only general appropriation bills are subject to the rules of the authorization-appropriation process; special appropriation bills are not. Because the House classifies continuing resolutions as special rather than general appropriations, unauthorized appropriations in, or offered as amendments to, such resolutions are not subject to points of order.