Order Code 98-648 GOV
Updated July 16, 2003
CRS Report for Congress
Received through the CRS Web
Appropriations Bills:
What Are “General Provisions”?
Sandy Streeter
Analyst in American National Government
Government and Finance Division
An annual appropriations act generally consists of two parts — paragraphs providing
funding, and general provisions focusing on non-funding as well as funding issues.
Generally, each paragraph corresponds to a unique budget account and provides a lump-
sum amount for a group of activities such as agency salaries and expenses, and may
include restrictions or conditions that apply to that funding. Some general provisions
establish restrictions and conditions which apply to a single account, multiple accounts,
the entire bill, or a department or agency funded in the bill. General provisions may be
of a policy or operational character. For more information on federal budget process, see
[http://www.crs.gov/products/guides/guidehome.shtml].
Funding for some accounts and some general provisions may be controversial, while
others are not. In most appropriations bills, few general provisions provide funding. A
few examples of general provisions from the FY1998 appropriations acts are provided
below:
! Prohibited funds provided in the act to be used by the Occupational
Health and Safety Administration to promulgate or issue final ergonomic
protection standards during FY1998;
! Cut off funds for troops in Bosnia after June 30, 1998, unless, by May 15,
1998, the President had met certain requirements and required the
Administration to request supplemental funds to cover the costs of the
extended mission;
! Prohibited FY1998 funds provided in the act for field or pilot tests,
administration, distribution, or implementation of any national education
test and directed the National Academy of Sciences to conduct three
studies on topics related to national testing;
! Provided for a court test, involving expedited judicial review, of the
constitutionality and legality of using sampling techniques for the 2000
census, allowed a limited test of sampling in the 1998 census dress
rehearsal, and established a Census Monitoring Board to monitor all
aspects of the preparation and implementation of the 2000 census;
Congressional Research Service ˜ The Library of Congress
CRS-2
! Prohibited funds provided in the act from being used for two specified
positions; and
! Allowed a department to transfer funds between its accounts, subject to
certain restrictions.
Most appropriations bills include a “General Provisions” title at the end of the act.
In addition, some acts provide “General Provisions” or “Administrative Provisions”
sections that applies to a specific title, department, or agency. The Treasury-Postal
Service-General Government bill also includes a title for government-wide general
provisions.
These provisions apply to departments and agencies funded in all
appropriations bills. For example, the FY1998 act required all agencies funded by any
of the 13 FY1998 appropriations acts to ensure that all of their workplaces are free from
the illegal use of controlled substances. In addition, an appropriations bill sometimes
includes a separate title on a major policy. The FY1998 Veterans Affairs-Housing and
Urban Development Act included a title that contained a restructuring plan for Section 8
housing contracts.
Because an appropriations act provides funds for a particular fiscal year it is
presumed that general provisions are likewise for a particular fiscal year unless the
provision clearly states that it is to remain in effect permanently. For example, the
language may state that the particular provision shall remain in effect “hereafter.” (For
other indications of permanence, see U.S. General Accounting Office, Principles of
Federal Appropriations Law, GAO/OCG-91-5, July 1991, chapter 2.
House Rule XXI, clause 2(b) and (c) prohibit House floor consideration of
provisions in most appropriations bills, excepting continuing resolutions, that “change
existing law” (commonly referred to as riders). This prohibition applies to provisions in
the bill reported by the House Appropriations Committee, floor amendments, and the
conference report (House Rule XXII, clause 5). Some general provisions violate this rule.
In such a case, the House typically adopts a special rule waiving this rule against all or
selected provisions in the bill reported by the House Appropriations Committee, or
against all provisions in the conference report.
Senate Rule XVI, paragraphs 2 and 4, prohibit riders in committee and floor
amendments to most appropriations bills, including continuing resolutions. It does not
prohibit such language in original Senate bills reported by the Senate Appropriations
Committee or conference reports.
If a rider is enacted into law either because it was protected, or no one raised a point
of order against it, the rider has the force of law. These rules do not affect the validity or
enforceability of provisions enacted into law. They only affect House and Senate
consideration of such provisions on their respective floors.