The Congressional Appropriations Process:
An Introduction
Sandy Streeter
Analyst on Congress and the Legislative Process
December 2, 2010
Congressional Research Service
7-5700
www.crs.gov
97-684
CRS Report for Congress
P
repared for Members and Committees of Congress

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The Congressional Appropriations Process: An Introduction

Summary
Congress annually considers several appropriations measures, which provide funding for
numerous activities, for example, national defense, education, and homeland security, as well as
general government operations. Congress has developed certain rules and practices for the
consideration of appropriations measures, referred to as the congressional appropriations process.
Appropriations measures are under the jurisdiction of the House and Senate Appropriations
Committees. In recent years these measures have provided approximately 35% of total federal
spending. The remainder of federal spending comprises direct (or mandatory) spending controlled
by House and Senate legislative committees and net interest on the public debt.
There are three types of appropriations measures. Regular appropriations bills provide most of
the funding that is provided in all appropriations measures for a fiscal year, and must be enacted
by October 1, the beginning of the fiscal year. If regular bills are not enacted by the beginning of
the new fiscal year, Congress adopts continuing resolutions to continue funding, generally until
regular bills are enacted. Supplemental appropriations bills provide additional appropriations to
become available during a fiscal year.
Each year Congress considers a budget resolution that, in part, sets spending ceilings for the
upcoming fiscal year. Both the House and Senate have established parliamentary rules that
enforce certain spending ceilings associated with the budget resolution during consideration of
appropriations measures in the House and Senate, respectively.
Congress has also established an authorization-appropriation process that provides for two
separate types of measures—authorization bills and appropriation bills. These measures perform
different functions. Authorization bills establish, continue, or modify agencies or programs.
Appropriations measures subsequently provide funding for the agencies and programs authorized.

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The Congressional Appropriations Process: An Introduction

Contents
Introduction ................................................................................................................................ 1
Annual Appropriations Cycle ...................................................................................................... 2
President Submits Budget ..................................................................................................... 2
Congress Adopts Budget Resolution...................................................................................... 3
Timetable for Consideration of Appropriations Measures ...................................................... 4
Work of the Appropriations Committees................................................................................ 5
House and Senate Floor Action ............................................................................................. 6
House ............................................................................................................................. 6
Senate ............................................................................................................................. 7
House and Senate Conference Action .................................................................................... 8
Presidential Action ................................................................................................................ 9
Types of Appropriations Measures ............................................................................................ 10
Regular Appropriations Bills ............................................................................................... 10
Continuing Resolutions ....................................................................................................... 11
Supplemental Appropriations Measures............................................................................... 13
Spending Ceilings for Appropriations Measures ........................................................................ 15
Allocations.......................................................................................................................... 15
Enforcement ....................................................................................................................... 19
House ........................................................................................................................... 19
Senate ........................................................................................................................... 21
Emergency Spending .................................................................................................... 22
Relationship Between Authorization and Appropriation Measures ............................................. 22
Rescissions ............................................................................................................................... 24

Tables
Table 1. Number of Regular Appropriations Bills Packaged in Omnibus (or Minibus)
Measure, FY1977-FY2010..................................................................................................... 12
Table 2. Regular Appropriations Bills Completed by Deadline and Number of Continuing
Resolutions, FY1977-FY2010................................................................................................ 14
Table 3. House Committee on Appropriations’ 302(a) Allocations for FY2010 .......................... 16
Table 4. Initial House Appropriations Committee’s 302(b) Allocations for FY2010 ................... 18

Contacts
Author Contact Information ...................................................................................................... 25

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The Congressional Appropriations Process: An Introduction

Introduction
Congress annually considers several appropriations measures, which provide funding for
numerous activities, such as national defense, education, and homeland security, as well as
general government operations. These measures are considered by Congress under certain rules
and practices, referred to as the congressional appropriations process. This report discusses the
following aspects of this process:
• the annual appropriations cycle;
• types of appropriations measures;
• spending ceilings for appropriations associated with the annual budget resolution;
and
• the relationship between authorization and appropriation measures.
When considering appropriations measures, Congress is exercising the power granted to it under
the Constitution, which states, “No money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law.”1 The power to appropriate is a legislative power. Congress has
enforced its prerogatives through certain laws. The so-called Antideficiency Act, for example,
strengthened the application of this section by, in part, explicitly prohibiting federal government
employees and officers from making contracts or other obligations in advance of or in excess of
an appropriation, unless authorized by law; and providing administrative and criminal sanctions
for those who violate the act.2 Under law, public funds, furthermore, may only be used for the
purpose(s) for which Congress appropriated the funds.3
The President has an important role in the appropriations process by virtue of his constitutional
power to approve or veto entire measures, which Congress can only override by two-thirds vote
of both chambers. He also has influence, in part, because of various duties imposed by statute,
such as submitting an annual budget to Congress.
The House and Senate Committees on Appropriations have jurisdiction over the annual
appropriations measures. Each committee has 12 subcommittees and each subcommittee has
jurisdiction over one regular annual appropriations bill that provides funding for departments and
agencies under the subcommittee’s jurisdiction.4
The jurisdictions of the House and Senate appropriations subcommittees are generally parallel.
That is, each House appropriations subcommittee is paired with a Senate appropriations
subcommittee and the two subcommittees’ jurisdictions are generally identical.5 As currently
organized, there are 12 subcommittees:6

1 U.S. Constitution, Article I, Section 9.
2 31 U.S.C. §§ 1341(a)-1342 and 1349-1350.
3 31 U.S.C. § 1301(a).
4 The House has an additional subcommittee, Select Intelligence Oversight Panel (select panel). It, however, does not
have jurisdiction over providing spending. The select panel, instead, makes annual intelligence funding
recommendations to the House Defense Appropriations Subcommittee, which has jurisdiction over legislation to
provide intelligence spending.
5 Each appropriations committee provides its subcommittees’ jurisdictions on its website; House appropriations
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The Congressional Appropriations Process: An Introduction

• Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies (Agriculture);
• Commerce, Justice, Science, and Related Agencies (Commerce, Justice, and
Science);
• Defense;
• Energy and Water Development, and Related Agencies (Energy and Water
Development);
• Financial Services and General Government;
• Homeland Security;
• Interior, Environment, and Related Agencies (Interior and Environment);
• Labor, Health and Human Services, Education, and Related Agencies (Labor,
Health and Human Services, and Education);
• Legislative Branch;
• Military Construction, Veterans Affairs, and Related Agencies (Military
Construction and Veterans Affairs);
• State, Foreign Operations, and Related Programs (State and Foreign Operations);
and
• Transportation, and Housing and Urban Development, and Related Agencies
(Transportation and Housing and Urban Development).
Annual Appropriations Cycle
President Submits Budget
The President initiates the annual budget cycle when he submits his annual budget for the
upcoming fiscal year7 to Congress. He is required to submit his annual budget on or before the
first Monday in February.8 Congress has, however, provided deadline extensions; both statutorily
and, sometimes, informally.9
The President recommends spending levels for various programs and agencies of the federal
government in the form of budget authority (or BA). Such authority does not represent cash

(...continued)
subcommittees’ jurisdictions are available at http://appropriations.house.gov/ and Senate subcommittees’ jurisdictions
are available at http://appropriations.senate.gov/.
6 For additional information, see CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes
from 1920-2007, by James V. Saturno.
7 Congress generally provides spending for fiscal years, in contrast to calendar years. Federal government fiscal years
begin on October 1 and end the following September 30. FY2011 began on October 1, 2010.
8 31 U.S.C. § 1105(a).
9 For information on deadline extensions in presidential transition years, see CRS Report RS20752, Submission of the
President’s Budget in Transition Years, by Robert Keith.
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provided to, or reserved for, agencies. Instead, the term refers to authority provided by federal law
to enter into contracts or other financial obligations that will result in immediate or future
expenditures (or outlays) involving federal government funds. Most appropriations are a form of
budget authority that also provide legal authority to make the subsequent payments from the
Treasury.
An FY2010 appropriations act, for example, provided $79 million in new budget authority for
FY2010 to the National Institute of Environmental Health Sciences for agency operations.10 That
is, the act gave the Institute legal authority to sign contracts to purchase supplies and pay salaries.
The agency could not commit the government to pay more than $79 million for these covered
activities. The outlays occur when government payments are made to complete the tasks.
While budget authority must be obligated in the fiscal year(s) in which the funds are made
available, outlays may occur over time. In the case of the Institute’s activities, it may not pay for
all the supplies until the following fiscal year.
The amount of outlays in a fiscal year may vary among activities funded because the length of
time to complete the activities differs. Outlays to pay salaries may occur in the year the budget
authority is made available, while outlays for a construction project may occur over several years
as various stages of the project are completed.
As Congress considers appropriations measures providing new budget authority for a particular
fiscal year, discussions on the resulting outlays involve estimates based on historical trends. Data
on the actual outlays for a fiscal year are not available until the fiscal year has ended.
After the President submits his budget to Congress, each agency generally provides additional
detailed justification materials to the House and Senate appropriations subcommittees with
jurisdiction over its funding.
Congress Adopts Budget Resolution
The Congressional Budget and Impoundment Control Act of 1974 (Congressional Budget Act)11
requires Congress to adopt an annual budget resolution.12 The budget resolution is
Congress’s response to the President’s budget. The budget resolution must cover at least five
fiscal years: the upcoming fiscal year plus the four subsequent fiscal years.
The budget resolution, in part, sets total new budget authority and outlay levels for each fiscal
year covered by the resolution. It also allocates federal spending among generally 20 functional
categories (such as national defense, agriculture, and transportation) and sets similar levels for
each function.
Within each chamber, the total new budget authority and outlays for each fiscal year are also
allocated among committees with jurisdiction over spending, thereby setting spending ceilings for
each committee (see “Allocations” section below).13 The House and Senate Committees on

10 P.L. 111-88, 123 Stat. 2904
11 2 U.S.C. § 621 et seq.
12 Budget resolutions are under the jurisdiction of the House and Senate Committees on the Budget.
13 The committee ceilings are usually provided in the joint explanatory statement that accompanies the conference
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Appropriations receive allocations only for the upcoming fiscal year, because appropriations
measures are annual. Once the appropriations committees receive their spending ceilings, they
separately subdivide the amount among their respective subcommittees, providing spending
ceilings for each subcommittee.14
The budget resolution is not sent to the President, and does not become law. It does not provide
budget authority or raise or lower revenues; instead, it is a guide for the House and Senate as they
consider various budget-related bills, including appropriations and tax measures. Both the House
and Senate have established parliamentary rules to enforce some of these spending ceilings when
legislation is considered on the House or Senate floor, respectively.15
The Congressional Budget Act establishes April 15 as a target for congressional adoption of the
budget resolution. During the past 34 fiscal years Congress has considered budget resolutions
(FY1977-FY2010), however, Congress frequently has not met this target, and in four of those
years (FY1999, FY2003, FY2005, and FY2007), Congress did not adopt a budget resolution.16
There is no penalty if the budget resolution is not completed before April 15, or not at all. Under
the Congressional Budget Act, however, certain enforceable spending ceilings associated with the
budget resolution are not established until the budget resolution is completed. The act also
prohibits both House and Senate floor consideration of appropriations measures for the upcoming
fiscal year before they complete the budget resolution; and, in the Senate, before the Senate
Appropriations Committee receives its spending ceilings.17 The House, however, may consider
most appropriations measures after May 15, even if the budget resolution is not in place;18 and the
Senate may adopt a motion to waive this rule by a majority vote.
If Congress delays completion of the annual budget resolution (or does not adopt one), each
chamber may adopt a deeming resolution to address these procedural difficulties.19
Timetable for Consideration of Appropriations Measures
It is important to note that the timing of the various stages of the appropriations process tends to
vary from year to year. While timing patterns for each stage tend to be discernible over time,
certain anomalies from these general patterns occur in many years.
Traditionally, the House of Representatives initiated consideration of regular appropriations
measures, and the Senate subsequently considered and amended the House-passed bills. Recently,
the Senate appropriations subcommittees and committee have sometimes not waited for the

(...continued)
report to the budget resolution.
14 See “Allocations” below.
15 For more details, see “Spending Ceilings for Appropriations Measures” below.
16 For more information on budget resolutions, see CRS Report RL30297, Congressional Budget Resolutions:
Historical Information, by Bill Heniff Jr. and Justin Murray.
17 2 U.S.C. § 634 (or Congressional Budget Act, section 303); and H.Res. 5, §3(a)(2) (111th Cong.).
18 This exception applies to regular appropriations bills and supplemental appropriations measures that provide funding
for more than one agency or purpose (for more information, see “Types of Appropriations Measures” below).
19 For information on deeming resolutions, see “Allocations” section below and CRS Report RL31443, The “Deeming
Resolution”: A Budget Enforcement Tool, by Megan Suzanne Lynch.
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The Congressional Appropriations Process: An Introduction

House bills, instead it has reported original Senate bills. Under this non-traditional approach, the
House and Senate appropriations committees and their subcommittees have often considered the
regular bills simultaneously.
The House Appropriations Committee reports the 12 regular appropriations bills separately to the
full House.20 The committee generally begins reporting the bills in May or June, typically
completing their consideration of all of them prior to the annual August recess.21 Generally, the
full House starts consideration of the regular appropriations bills in May or June as well, passing
almost all of them by the August recess.22 The regular bills that do not pass are typically funded in
an omnibus appropriations bill.23
In the Senate, the Senate Appropriations Committee typically begins reporting the bills in June
and generally completes committee consideration in September.24 The Senate typically passes the
bills in June or July and continues through the fall. For four of the past eight fiscal years
(FY2004-FY2011), the Senate also did not pass a majority of the bills.25
During the fall and winter, the appropriations committees are usually heavily involved in
negotiations to resolve differences between the versions of appropriations bills passed by their
respective chambers. Relatively little (if any) time is left before the fiscal year begins to resolve
what may be wide disparities between the House and Senate, to say nothing of those between
Congress and the President. As a result, Congress is usually faced with the need to enact one or
more temporary continuing resolutions pending the final disposition of the regular appropriations
bills.26
In four of the past seven fiscal years (FY2004-FY2010),27 all of the regular bills (either separately
or in omnibus bills) became law by the end of the calendar year. In three years, they were
completed early in the following calendar year.
Work of the Appropriations Committees
After the President submits his budget, the House and Senate appropriations subcommittees hold
hearings on the segments of the budget under their jurisdiction. They focus on the details of the
agencies’ justifications, primarily obtaining testimony from agency officials.

20 For almost 35 years (1971-2004), Congress generally considered 13 regular appropriations bills each year. As a
result of two reorganizations of the House and Senate Committees on Appropriations in 2005 and, again, in 2007, the
total number of bills changed twice. Congress considered 11 regular bills for FY2006 and FY2007 and 12 bills for
FY2008 through FY2010. (For more information, CRS Report RL31572, Appropriations Subcommittee Structure:
History of Changes from 1920-2007, by James V. Saturno.)
21 Significant anomalies occurred recently. Out of twelve regular bills, the House Appropriations Committee reported
five FY2009 regular bills and two FY2011 regular bills.
22 Again, anomalies occurred for FY2009 and FY2011 regular bills. The House passed one FY2009 regular bill and two
FY2011 regular bills.
23 See “Regular Appropriations Bills” below.
24 The Senate Appropriations Committee, however, reported nine out of twelve FY2009 regular appropriations bills.
25 The Senate passed six out of thirteen FY2005 regular bills, three out of eleven FY2007 regular bills, and passed no
FY2009 and FY2011 regular bills. Additionally, it passed seven out of twelve FY2008 regular bills.
26 For a description of continuing resolutions, see “Continuing Resolutions” below.
27 At the time of this writing, the FY2011 regular bills were not completed.
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After the hearings have been completed, and the House and Senate Appropriations Committees
have generally received their spending ceilings, the subcommittees begin to mark up28 the regular
bills under their jurisdiction and report them to their respective full committees. (Each year a few
Senate appropriations subcommittees do not formally report the regular bill to the full committee;
in such cases, formal committee action begins at full-committee markup.) Both Appropriations
Committees consider each subcommittee’s recommendations separately. The committees may
adopt amendments to a subcommittee’s recommendations, and then report the bill as amended to
their respective floors for further action.
House and Senate Floor Action
After the House or Senate Appropriations Committee reports an appropriations bill to the House
or Senate, respectively, the bill is available on the floor. At this point, Representatives or Senators
are generally provided an opportunity to propose floor amendments to the bill.
House
Prior to floor consideration of a regular appropriations bill, the House generally considers a
special rule reported by the House Committee on Rules setting parameters for floor consideration
of the bill.29 If the House adopts the special rule, it usually considers the appropriations bill
immediately.
The House considers the bill in the Committee of the Whole House on the State of the Union (or
Committee of the Whole) of which all Representatives are members.30 A special rule on an
appropriations bill usually provides for one hour of general debate on the bill. The debate
includes opening statements by the chair and ranking minority member31 of the appropriations
subcommittee with jurisdiction over the regular bill, as well as other interested Representatives.

28 The chair usually proposes a draft bill (the chair’s mark). The chair and other subcommittee members discuss
amendments to the draft and may agree to include some (referred to as marking up the bill). Regular appropriations
bills are not introduced prior to full committee markup. The bill is introduced when the House appropriations
committee reports the bill; a bill number is assigned at that time. House rules allow the House appropriations
committee to originate a bill. In contrast, most House committees do not have such authority.
29 Because the regular appropriations bills must be completed in a timely fashion, House Rule XIII, clause 5, provides
that these appropriations bills are privileged. This allows the House Committee on Appropriations to make a motion to
bring a regular appropriations bill directly to the floor in contrast to asking the Rules Committee to report a special rule
providing for the measure’s consideration, as is necessary for most major bills.
In recent years, the House appropriations committee has usually used the special rule procedure, however. These
special rules typically include waivers of certain parliamentary rules regarding the consideration of appropriations bills
and certain provisions within them. Special rules may also be used for other purposes, such as restricting floor
amendments.
30 House Rule XVIII, clause 3, requires that appropriations measures be considered in the Committee of the Whole
before the House votes on passage of the measures (see CRS Report 95-563, The Legislative Process on the House
Floor: An Introduction, by Christopher M. Davis; and CRS Report RL32200, Debate, Motions, and Other Actions in
the Committee of the Whole, by Bill Heniff Jr. and Elizabeth Rybicki.
31 A ranking minority member of a committee or subcommittee is the head of the minority party members of the
particular committee or subcommittee.
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After the Committee of the Whole debates the bill, it considers amendments. A regular
appropriations bill is generally read for amendment, by paragraph.32 Amendments must meet a
variety of requirements:
• House standing rules and precedents generally that establish several
requirements, such as requiring amendments to be germane to the bill;
• House standing rules and precedents that establish a separation between
legislation and appropriations (see “Relationship Between Authorization and
Appropriation Measures” below);
• funding limits imposed by the congressional budget process (see “Spending
Ceilings for Appropriations Measures” below); and
• provisions of a special rule or unanimous consent agreement providing for
consideration of the particular bill.
If an amendment violates any of these requirements, any Representative may raise a point of
order to that effect. If the presiding officer rules the amendment out of order, it cannot be
considered on the House floor. The special rule or unanimous consent agreement33 may waive the
requirements imposed by House rules or the budget process, thereby allowing the House to
consider the amendment.
During consideration of individual regular appropriations bills, the House sometimes sets
additional parameters, either by adopting a special rule or by unanimous consent. For example,
the House sometimes agrees to limit consideration to a specific list of amendments or to limit
debate on individual amendments by unanimous consent.
After the Committee of the Whole completes consideration of the measure, it rises and reports the
bill and any amendments that have been adopted to the full House. The House then votes on the
amendments and passage. After House passage, the bill is sent to the Senate.
Senate
The full Senate considers the bill as reported by its appropriations committee.34 The Senate does
not have a device like a special rule to set parameters for consideration of bills. Before taking up
the bill, however, or during its consideration, the Senate sometimes sets parameters by unanimous
consent.
When the bill is brought up on the floor, the chair and ranking minority member of the
appropriations subcommittee make opening statements on the contents of the bill as reported.

32 For more information, see CRS Report 98-995, The Amending Process in the House of Representatives, by
Christopher M. Davis.
33 Under unanimous consent agreements, the House agrees to the new parameters if no Representative objects.
34 Recently, in cases in which the non-traditional practice is used, the Senate Committee on Appropriations typically
reports an original Senate bill, the Senate waits for the House to send its bill to the Senate. After it arrives, the Senate
considers the text of the original Senate bill as a complete substitute amendment to the House-passed bill, considers
additional amendments, and then generally passes the House-passed bill, as amended.
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Committee and floor amendments to the reported bills must meet requirements established under
the Senate standing rules and precedents (including those providing for the separation of
authorizations and appropriations) and congressional budget process, as well as requirements
agreed to by unanimous consent. The specifics of the Senate and House requirements differ,
including the waiver procedures.35
The Senate, in contrast to the House, does not consider floor amendments in the order of the bill.
Senators may propose amendments to any portion of the bill at any time unless the Senate agrees
to set limits.
House and Senate Conference Action
Generally, members of the House and Senate appropriations subcommittees having jurisdiction
over a particular regular appropriations bill, and the chair and ranking minority members of the
full committees meet to negotiate over differences between the House- and Senate-passed bills.36
Under House and Senate rules, the negotiators (called conferees or managers) are generally
required to remain within the scope of the differences between the positions of the two chambers,
and cannot add new matter.37 Their agreement must be within the range established by the House-
and Senate-passed versions. For example, if the House-passed bill appropriates $3 million for a
program and a separate Senate amendment provides $5 million, the conferees must reach an
agreement that is within the $3 million-$5 million range. In the Senate, the conference report
cannot add new directed spending provisions that were not in included in either the House- or
Senate-passed versions of the bill. The Senate rule against new matter applies to any provision in
the conference report, while the rule against new directed spending provisions is limited to
any item that consists of a specific provision containing a specific level of funding for any
specific account, specific program, specific project, or specific activity, when no specific
funding was provided for such specific account, specific program, specific project, or
specific activity in the measure originally committed to the conferees by either House.38
These rules may be enforced during House and Senate consideration of the conference report.
In current practice the Senate typically passes the House bill with the Senate version attached as a
single substitute amendment. In such instances, the conferees must reach agreement on all points
of difference between the House and Senate versions before reporting the conference report to
both houses. When this occurs, the conferees propose a new conference substitute for the bill as a
whole. The conference report includes a joint explanatory statement (or managers’ statement)
explaining the new substitute. A conference report may not be amended in either chamber.

35The Senate may waive these rules either by unanimous consent or, in some cases, by motion.
36 If the Senate and/or House does not pass a bill, informal negotiations may take place on the basis of the reported
version of that chamber(s). For example, the provisions of the House-passed bill and Senate committee-reported bill
might be negotiated. Typically, the compromise is included in a conference report on an omnibus appropriations
measure (see “Regular Appropriations Bills” section below).
37 House Rule XXII, clause 9, and Senate Rule XXVIII, paragraphs 2 and 3.
38 Senate Rule XLIV, paragraph 8.
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Usually, the House considers conference reports on appropriations measures first, because it
traditionally considers the measures first. Prior to consideration of the conference report, the
House typically adopts a special rule waiving any points of order against the conference report.
The first chamber to consider the conference report has the option of voting to recommit it to the
conference for further consideration, rejecting it, or adopting it.
After the first house adopts the conference report, the conference is automatically disbanded;
therefore, the second house has two options—adopt or reject the conference report. The Senate,
however, may strike new matter or new directed spending provisions from the conference report
by points of order thereby rejecting it. The Senate can avoid this situation by adopting a motion to
waive the applicable rule by a three-fifths vote of all Senators duly chosen and sworn (60
Senators if there are no vacancies). If the Presiding Officer sustains point(s) of order against new
matter or new directed spending provisions, the offending language is stricken from the
conference report. After all points of order under both requirements have been disposed of, the
Senate considers a motion to send the remaining provisions to the House as an amendment
between the houses since they cannot amend the conference report. The House would then
consider the amendment. The House may choose to further amend the Senate amendment and
return to the Senate for further consideration. If the House, however, agrees to the amendment the
measure is sent to the President.39
In cases in which either the conference report is rejected or recommitted to the conference
committee, the conferees negotiate further over the matters in dispute between the two houses.40
The measure cannot be sent to the President until both houses have agreed to the entire text of the
bill.
Presidential Action
Under the Constitution,41 after Congress sends the bill to the President, he has 10 days to sign or
veto the measure. If he takes no action, the bill automatically becomes law at the end of the 10-
day period. Conversely, if he takes no action when Congress has adjourned, he may pocket veto
the bill.
If the President vetoes the bill, he sends it back to Congress. Congress may override the veto by a
two-thirds vote in both houses. If Congress successfully overrides the veto, the bill becomes law.
If Congress is unsuccessful, the bill dies.

39 For more detailed information on these Senate rules, see. CRS Report RS22733, Senate Rules Restricting the Content
of Conference Reports, by Elizabeth Rybicki.
40 If either house rejects the conference report, the two houses normally agree to further conference, usually appointing
the same conferees.
41 U.S. Constitution, Article I, section 7.
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Types of Appropriations Measures
There are three major types appropriations measures: regular appropriations bills, continuing
resolutions, and supplemental appropriations measures. Of the three types, regular appropriations
bills typically provide most of the funding.42
Regular Appropriations Bills
The House and Senate annually consider 12 regular appropriations measures. Each House and
Senate appropriations subcommittee has jurisdiction over one regular bill.
Regular appropriations bills contain a series of unnumbered paragraphs with headings; generally
reflecting a unique budget account. The basic unit of regular and supplemental appropriations
bills is the account. Under these measures, funding for each department and large independent
agency is distributed among several accounts. Each account, generally, includes similar programs,
projects, or items, such as a research and development account or salaries and expenses account.
For small agencies, a single account may fund all of the agency’s activities. These acts typically
provide a lump-sum amount for each account as well as any conditions, provisos, or specific
requirements that apply to that account. A few accounts include a single program, project, or item,
which the appropriations act funds individually.
In report language,43 the House and Senate Committees on Appropriations provide more detailed
directions to the departments and agencies on the distribution of funding among various activities
funded within an account. Congressional earmarks (referred to as congressionally directed
spending items in Senate Rule XLIV) are frequently included in report language and have also
been provided in bills, amendments, or conference reports.
Appropriations measures may also provide transfer authority.44 Transfers shift budget authority
from one account or fund to another. For example, an agency moving new budget authority from
a salaries and expenses account to a research and development account would be a transfer.
Agencies are prohibited from making such transfers without statutory authority.
In contrast, agencies may generally shift budget authority from one activity to another within an
account without such statutory authority. This is referred to as reprogramming.45 The
appropriations subcommittees have established notification and other oversight procedures for the
various agencies to follow regarding reprogramming actions. Generally, these procedures differ
with each subcommittee.

42 A notable exception was an FY2007 continuing resolution (P.L. 110-5, 121 Stat. 8), which provided funding for nine
FY2007 regular appropriations bills through the end of FY2007.
43 The term report language refers to information provided in reports accompanying committee-reported legislation as
well as joint explanatory statements, which are included in conference reports. Although the entire document is
generally referred to as a conference report, it comprises two separate parts. The conference report contains a
conference committee’s proposal for legislative language resolving the House and Senate differences on a measure,
while the joint explanatory statement explains the conference report.
44 Authorization measures may also provide transfer authority. For information on authorization measures, see
“Relationship Between Authorization and Appropriation Measures” below.
45 Transfer authority may be required, however, in cases in which the appropriations act includes a set aside for a
specified activity within an account.
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Congress has traditionally considered and approved each regular appropriations bill separately,
but Congress has also combined several bills together. For 21 of the past 34 years (FY1977-
FY2010), Congress has packaged two or more regular appropriations bills together in one
measure.46 These packages are referred to as omnibus appropriation measures.47
In these cases, Congress typically began consideration of each regular bill separately, but
generally has combined some of the bills together at the conference stage. During conference on a
single regular appropriations bill, the conferees typically have included in the conference report
the final agreements on other outstanding regular appropriations bills, thereby creating an
omnibus appropriations measure.48
During the past 34 years, omnibus measures have been used during two time periods: a nine-year
period (FY1980-FY1988) and a 15-year period (FY1996-FY2010), as shown in Table 1. During
the first period, packaging was used for nine consecutive fiscal years. The first two of those years
(FY1980-FY1981) occurred while President Jimmy Carter was in the White House, and the
remaining seven were during Ronald Reagan’s presidency. In the last 15 years (FY1995-
FY2010), omnibus measures were enacted for 12 years―five during President William Jefferson
Clinton’s presidency (FY1996-FY1997 and FY1999-FY2001), six during President George W.
Bush presidency (FY2003-FY2005 and FY2007-FY2009), and one while President Barack H.
Obama has been in the White House (FY2010).49
All the regular appropriations bills for a given fiscal year were included in omnibus measures for
three of the past 34 years. In two years (FY1987 and FY1988), all of the bills were enacted in a
single omnibus bill; and for FY2009, all the bills were packaged, but in two separate measures.
Three FY2009 regular bills were included in single omnibus act, while the remaining nine bills
were packaged in another omnibus bill.
Packaging regular appropriations bills can be an efficient means for resolving outstanding
differences within Congress or between Congress and the President. The negotiators can make
more convenient trade-offs between issues among several bills and complete consideration of
appropriations using fewer measures.
Continuing Resolutions
The provisions in regular appropriations bills typically allow funds to be obligated only until the
end of the fiscal year, October 1. If action on one or more regular appropriations measures has not
been completed by that date, the agencies funded by these bills must cease nonessential activities
due to lack of budget authority. Traditionally, continuing appropriations have been used to

46 For example, five FY2010 regular appropriations bills were attached to the FY2010 Transportation and Housing and
Urban Development regular appropriations act (P.L. 111-117, 123 Stat. 3034).
47 There is no agreed upon definition of omnibus appropriations measure, but the term minibus appropriations measure
has sometimes been used to refer to a measure including only a few regular appropriations bills, while omnibus
appropriations measure refers to a measure containing several regular bills.
48 In a few cases, Congress resolved their differences through an exchange of amendments (for more information on
this process, see CRS Report R41003, Amendments Between the Houses: Procedural Options and Effects, by Elizabeth
Rybicki).
49 Congress initially considered the FY2009 regular bills during President George W. Bush’s last year in office (2008),
but completed the process the following calendar year (2009), during the first year of President Barack H. Obama’s
presidency.
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maintain temporary funding for agencies and programs until the regular bills are enacted. Such
appropriations continuing funding are usually provided in a joint resolution, hence the term
continuing resolution (or CR).
Table 1. Number of Regular Appropriations Bills Packaged in Omnibus (or Minibus)
Measure, FY1977-FY2010
Fiscal
Presidential
Regular Acts in Omnibus
Year
Administration
or Minibus Measure
1977 Gerald
Ford
0
1978 Jimmy
Carter
0
1979
0
1980
2
1981
5
1982 Ronald
Reagan
3
1983
6
1984
3
1985
8
1986
7
1987
13
1988
13
1989
0
1990 George
H.W.
Bush
0
1991
0
1992
0
1993
0
1994 William Clinton
0
1995
0
1996
5
1997
6
1998
0
1999
8
2000
5
2001
2,3a
2002 George
W.
Bush
0
2003
11
2004
7
2005
9
2006
0
2007
9
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Fiscal
Presidential
Regular Acts in Omnibus
Year
Administration
or Minibus Measure
2008
11
2009
3,9b
2010 Barack
H.
Obama
6
Sources: U.S. Congress, Senate Committee on Appropriations, Appropriations, Budget Estimates, Etc., committee
prints, 94th Cong., 2nd sess.-103rd , Cong., 2nd sess. (Washington: GPO, 1976-1994); and U.S. Congress, House,
Calendars of the U.S. House of Representatives and History of Legislation, 94th-111th Congresses (Washington: GPO, 1976-
2009).
a. The FY2001 Energy and Water Development bill was attached to the FY2001 Veterans Affairs, Housing and
Urban Development, and Independent Agencies act (P.L. 106-377, 114 Stat. 1441). The FY2001 Legislative
Branch bill and Treasury and General Government bill were attached to the FY2001 Labor, Health and Human
Services, Education, and Related Agencies act (P.L. 106-554, 114 Stat. 2763).
b. The FY2009 Defense, Homeland Security, and Military Construction-VA regular appropriations bills were
included in a separate bill, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009
(P.L. 110-329, 122 Stat. 3574); and the remaining nine regular bills were included in another separate act,
Omnibus Appropriations Act, 2009 (P.L. 111-8, 123 Stat. 524).
In 29 of the past 34 years (FY1977-FY2010), Congress and the President did not complete action
on a majority of the regular bills prior to the start of the fiscal year (see Table 2). In nine years,
they did not finish any of the bills before October 1. They completed action on all the bills on
schedule only four times: FY1977, FY1989, FY1995, and FY1997.
On or before the start of the fiscal year, Congress and the President generally complete action on
an initial continuing resolution that temporarily funds the outstanding regular appropriations bills.
In contrast to funding practices in regular bills (i.e., providing appropriations for each account),
temporary continuing resolutions generally provide funding by a rate and/or formula. Recently,
the continuing resolutions have generally provided a rate at the levels provided in the previous
fiscal year. The initial CR typically provides temporary funding until a specific date or until the
enactment of the applicable regular appropriations acts, if earlier. Once the initial CR becomes
law, additional interim continuing resolutions are frequently used to sequentially extend the
expiration date. These subsequent continuing resolutions sometimes change the funding methods.
Over the past 33 fiscal years (FY1978-FY2010), Congress has approved, on average, four
continuing resolutions each year (see Table 2).
Supplemental Appropriations Measures
Congress frequently considers one or more supplemental appropriations measures (or
supplementals) for a fiscal year that generally increase funding for selected activities previously
funded in the regular bills. Recent supplementals have also been used to provide funds for the
wars in Iraq and Afghanistan. Supplementals may provide funding for unforeseen needs (such as
funds to recover from a hurricane, earthquake or flood); or increase or provide funding for other
activities. These measures, like regular appropriations bills, provide specific amounts of funding
for individual accounts in the bill. Sometimes Congress includes supplemental appropriations in
regular bills and continuing resolutions rather than in a separate supplemental bill.
During a calendar year, Congress typically considers, at least
• 12 regular appropriations bills for the fiscal year that begins on October 1;
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• few continuing resolutions for the same fiscal year; and
• one or more supplementals for the previous fiscal year.
Table 2. Regular Appropriations Bills Completed by Deadline and Number of
Continuing Resolutions, FY1977-FY2010
Fiscal
Presidential
Regular Appropriations
Continuing
Year
Administration
Bills Became Law by or
Resolutions
on October 1st
Became Law
1977 Gerald
Ford
13
(2a )
1978 Jimmy
Carter
9
3
1979
5
1
1980
3
2
1981
1
3
1982 Ronald
Reagan
0
4
1983
1
2
1984
4
2
1985
4
5
1986
0
5
1987
0
5
1988
0
5
1989
13
0
1990 George
H.W.
Bush
1
3
1991
0
5
1992
3
4
1993
1
1
1994 William J. Clinton
2 3
1995
13
0
1996
0
13
1997
13b 0
1998
1
6
1999
1
6
2000
4
7
2001
2
21
2002 George
W.
Bush
0
8
2003
0
8
2004
3
5
2005
1
3
2006
2
3
2007
1
4c
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Fiscal
Presidential
Regular Appropriations
Continuing
Year
Administration
Bills Became Law by or
Resolutions
on October 1st
Became Law
2008
0
4d
2009
3e
2f
2010 Barack
H.
Obama
1
2g
Sources: U.S. Congress, Senate Committee on Appropriations, Appropriations, Budget Estimates, Etc., 94th Cong., 2nd
sess.-104th Cong., 1st sess. (Washington: GPO, 1976-1995). U.S. Congress, House, Calendars of the U.S. House of
Representatives and History of Legislation, 104th Cong., 1st sess.-111th Cong., 1st sess. (Washington: GPO, 1995-2009).
a. The two CRs did not provide continuing funding for entire regular bills; instead, they provided funding for
selected activities.
b. Five regular bills were attached to the FY1997 defense regular act (P.L. 104-208, 110 Stat. 3009), which became
law on September 30. As a result, the FY1997 appropriations process was completed by October 1.
c. Initial FY2007 continuing appropriations were included, as Division B, in the FY2007 Defense regular
appropriations act (P.L. 109-289, 120 Stat. 1257, 1311).
d. Continuing appropriations that extended the initial FY2008 continuing resolution were included, as Division B, in
the FY2008 Defense regular appropriations act (P.L. 110-116, 121 Stat. 1295, 1341).
e. Three FY2009 regular appropriations bills were included in an FY2009 omnibus measure, Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009, that became law on September 30, 2008 (P.L.
110-329, 122 Stat. 3574). Initial FY2009 continuing appropriations and certain FY2008 supplemental
appropriations were also included in this act.
f.
Initial FY2009 continuing appropriations were included, as Division A, in a three-bill FY2009 omnibus act,
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L. 110-329, 122 Stat.
3574).
g. Initial FY2010 continuing appropriations were included, as Division B, in the FY2010 Legislative Branch regular
appropriations bill (P.L. 111-68, 123 Stat. 2023, 2043). Final FY2010 continuing appropriations were included, as
Division B, in FY2010 Interior and Environment regular appropriations act (P.L. 111-88, 123 Stat. 2904, 2972).
Spending Ceilings for Appropriations Measures
The Congressional Budget Act established a process through which Congress annually sets
spending ceilings associated with the budget resolution and enforces those ceilings with
parliamentary rules, or points of order, during congressional consideration of budgetary
legislation, including appropriations bills.
Allocations
As mentioned previously, within each chamber, the total budget authority and outlays included in
the annual budget resolution are allocated among the House and Senate committees with
jurisdiction over spending, including the House and Senate Committees on Appropriations.
Through this allocation process, the budget resolution sets total spending ceilings for each House
and Senate committee (referred to as the 302(a) allocations).50 Table 3 provides 302(a)
allocations to the House Committee on Appropriations for FY2010.

50 This refers to section 302(a) of the Congressional Budget Act. Typically, these are provided in the joint explanatory
statement that accompanies the conference report on the budget resolution.
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Table 3. House Committee on Appropriations’ 302(a) Allocations for FY2010
(in billions of dollars)
Spending Category
Budget Authority
Outlays
Discretionary 1,082.540
1,269.745
Mandatory 725.056
715.684
Source: U.S. Congress, Conference Committee, Concurrent Resolution on the Budget for Fiscal Year 2010,
conference report to accompany S.Con.Res. 13, 111th Cong., 1st sess., April 27, 2009, H.Rept. 111-89
(Washington: GPO, 2009), p. 145.
Table 3 includes allocations for discretionary spending and mandatory spending. Congress
divides budget authority and the resulting outlays into two categories: discretionary spending and
direct (or mandatory) spending (including net interest51). Discretionary spending is controlled by
the annual appropriations acts, which are under the jurisdiction of the House and Senate
Committees on Appropriations. In contrast, direct spending is controlled by legislation under the
jurisdiction of the legislative committees.52 Appropriations measures include all the discretionary
spending as well as budget authority to finance the obligations of some direct spending programs.
Discretionary spending provides funds for a wide variety of activities, such as those described in
the “Introduction” above, whereas mandatory spending primarily funds entitlement programs53 as
well as other mandatory spending programs. Of the total outlays for FY2009, 35% was
discretionary spending, 60% was mandatory spending, and 5% was net interest.
Regarding the distribution of discretionary spending outlays for FY2009, 53% of the outlays was
for defense activities, 43% for domestic activities, and 3% for international activities.54
The mandatory spending provided in appropriations measures is predominantly for entitlement
programs, referred to as appropriated entitlements. These entitlements are funded through a two-
step process. First, legislation becomes law that sets program parameters (through eligibility
requirements and benefit levels, for example); then the appropriations committees must provide
the budget authority needed to finance the commitment. The appropriations committees have
little control over the amount of budget authority provided, since the amount needed is the result
of previously enacted commitments in law.55

51 “In the federal budget, net interest comprises the government’s interest payments on debt held by the public, offset
by interest income that the government receives on loans and cash balances and by earnings of the National Railroad
Retirement Investment Trust.” U.S. Congressional Budget Office, Glossary of Budgetary and Economic Terms,
available at http://www.cbo.gov.
52 For example, Social Security and Medicare Part A are under the jurisdiction of the House Committee on Ways and
Means and Senate Committee on Finance. Most standing committees are legislative committees, such as the House
Committee on Armed Services and the Senate Committee on the Judiciary. For more information, see “Relationship
Between Authorization and Appropriation Measures” below.
53 The Congressional Budget Office defines entitlement as: A legal obligation of the federal government to make
payments to a person, group of people, business, unit of government, or similar entity that meets the eligibility criteria
set in law and for which the budget authority is not provided in advance in an appropriation act. Spending for
entitlement programs is controlled through those programs’ eligibility criteria and benefit or payment rules. The best-
known entitlements are the government’s major benefit programs, such as Social Security and Medicare. U.S.
Congressional Budget Office, Glossary of Budgetary and Economic Terms, available at http://www.cbo.gov.
54 Due to rounding, the total percentage is 99%.
55 Some mandatory spending is provided through a one-step process in which the authorization act sets the program
(continued...)
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Congress also controls mandatory spending by controlling budget authority. It does not, however,
generally control this form of budget authority by setting specific spending levels. It controls
mandatory spending, instead by, establishing parameters for government commitments in
permanent law, such as Social Security benefit levels and eligibility requirements.
After the House and Senate Committees on Appropriations receive their 302(a) allocations, they
separately subdivide their allocations among their subcommittees, providing each subcommittee
with a ceiling. These subdivisions are referred to as the 302(b) subdivisions.56 Table 4 provides
the House Committee on Appropriations’ initial 302(b) subdivisions of discretionary, mandatory
spending for FY2010.
Making 302(b) allocations is within the jurisdiction of the House and Senate appropriations
committees, and they typically make revisions to reflect action on the appropriations bills.
The spending ceilings associated with the annual budget resolution that apply to appropriations
measures are generally for a single fiscal year (the upcoming fiscal year), since appropriations
measures are annual.57 If the budget resolution is significantly delayed (or is never completed),
there are no total spending ceilings, 302(a) allocations, or 302(b) subdivisions to enforce until the
budget resolution is in place. In such instances, the House and Senate have often adopted separate
deeming resolutions providing, at least, temporary 302(a) allocations, thereby, establishing some
enforceable spending ceilings.58
When Congress did not adopt a FY2007 budget resolution, both the House and Senate adopted
separate deeming resolutions in 2006. The House adopted a special rule59 that, in part, deemed the
House-adopted FY2007 budget resolution60 and accompanying committee report in effect for
enforcement purposes. As a result, the FY2007 total spending ceilings and 302(a) allocations (and
therefore, subsequent 302(b) allocations) were in effect. The Senate included in a FY2006
supplemental appropriations act a deeming provision that, in part, set FY2007 302(a) allocations
for the Senate Committee on Appropriations.61

(...continued)
parameters and provides the budget authority, such as Social Security.
56 This refers to section 302(b) of the Congressional Budget Act.
57 In contrast, spending ceilings associated with the budget resolution that apply to legislative measures are generally
provided for several fiscal years.
58 For more information, see CRS Report RL31443, The “Deeming Resolution”: A Budget Enforcement Tool, by
Megan Suzanne Lynch.
59 H.Res. 818, §2 (109th Cong).
60 H.Con.Res. 376 (109th Cong.).
61 P.L. 109-234, §7035(a); 120 Stat. 418.
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Table 4. Initial House Appropriations Committee’s 302(b) Allocations for FY2010
(in billions of dollars)
Subcommittee Discretionary
Mandatory
Total
Agriculture

New Budget Authority
22.900
99.615
122.515
Outlays
25.000
89.174
114.147
Commerce, Justice, and Science

New Budget Authority
64.314
0.222
64.536
Outlays
70.655
0.257
70.912
Defense

New Budget Authority
508.040
0.291
508.331
Outlays
547.500
0.291
547.791
Energy and Water Development

New Budget Authority
33.300

33.300
Outlays
42.500

42.500
Financial Services and General Government

New Budget Authority
23.550
20.702
44.252
Outlays
25.200
20.699
45.899
Homeland Security

New Budget Authority
42.384
1.265
43.649
Outlays
46.062
1.262
47.324
Interior and Environment




New Budget Authority
32.300
0.442
32.742
Outlays
34.300
0.443
34.743
Labor, Health and Human Services, and Education

New Budget Authority
160.654
551.512
712.166
Outlays
219.692
552.780
772.472
Legislative Branch




New Budget Authority
4.700
0.130
4.830
Outlays
4.805
0.130
4.935
Military Construction and Veterans Affairs

New Budget Authority
76.500
50.735
127.235
Outlays
76.900
50.533
127.433
State and Foreign Operations

New Budget Authority
48.843
0.142
48.985
Outlays
44.180
0.142
44.322
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Subcommittee Discretionary
Mandatory
Total
Transportation and Housing and Urban Development

New Budget Authority
68.821

68.821
Outlays
134.595

134.595
Totala

New Budget Authority
1,086.306
725.056
1,811.362
Outlays
1,272.100
715.684
1,987.784
Source: U.S. Congress, House Committee on Appropriations, Report on Suballocation of Budget Allocations for Fiscal
Year 2010, 111th Cong., 1st sess., June 12, 2009, H.Rept. 111-148 (Washington: GPO, 2009), p. 2.
a. Primarily due to adjustments provided for in the FY2010 budget resolution (S.Con.Res. 13, 111th Cong.) to
reflect the Congressional Budget Office’s estimates of the President’s budget, the total new budget
authority and outlays in discretionary spending provided in the 302(b) allocations were increased over the
initial 302(a) allocations. New budget authority was increased by $4 billion and outlays by $2 billion.
Enforcement
Certain spending ceilings associated with the budget resolution are enforced through points of
order raised on the House and Senate floors when the appropriations measures are considered.
These points of order are not self-enforcing. A Representative or Senator must raise a point of
order that a measure, amendment, or conference report violates a specific rule. Generally, if a
Member raises a point of order (such as those described below), and the presiding officer rules
that the measure, amendment, or conference report violates the parliamentary rule, the chamber
may not consider it on the floor.
House
Two Congressional Budget Act points of order, 302(f) and 311(a),62 as well as a separate order in
the House,63 are available to enforce certain spending ceilings associated with the annual budget
resolution. The Congressional Budget Act points of order apply to committee-reported
appropriations bills,64 certain non-reported appropriations bills,65 amendments, and conference
reports to these measures during their consideration. If such legislation violates these rules, the
legislation or amendment cannot be considered. The separate order also provides a procedure to
enforce the 302(b) ceilings for appropriations measures as amended.
The 302(f) point of order prohibits floor consideration of a measure, amendment, or conference
report providing new budget authority for the upcoming fiscal year that would cause the

62 These refer to sections 302(f) and 311(a), respectively, of the Congressional Budget Act (see also, H.Res. 5, §3(a)(4),
111th Cong.).
63 A separate order is a provision that is not a part of the House Standing Rules, but is provided under the rulemaking
authority of the House. H.Res. 5, §3(a)(4), 111th Cong.) established the separate order, which is the same as separate
orders established in the 109th Congress (H.Res. 248, §2) and, again, in the 110th Congress (H.Res. 6, §511(a)(5)).
64 The House Committee on Appropriations almost always reports regular and major supplemental appropriations bills.
It, however, does not generally report continuing resolutions.
65 If a special rule expedites consideration of a measure by ordering the previous question directly to passage, the form
of the measure considered is subject to the points of order. Some continuing resolutions are considered by this
procedure.
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applicable committee 302(a) or subcommittee 302(b) allocations of new budget authority for that
fiscal year to be exceeded. The application of this point of order on appropriations legislation is
generally limited to discretionary spending (and any changes in direct spending initiated in the
appropriations measures).66 If, for example, the committee-reported FY2010 agriculture
appropriations bill had provided $22.900 billion in new discretionary budget authority, which
equals the agriculture subcommittee’s 302(b) allocation in Table 4, any amendment proposing
additional new discretionary budget authority would violate the 302(f) point of order.
The 311(a) point of order prohibits floor consideration of legislation providing new budget
authority for the upcoming fiscal year that would cause the applicable total budget authority and
outlay ceilings in the budget resolution for that fiscal year to be exceeded. As the amounts of all
the spending measures considered in the House accumulate, they could potentially reach or
exceed these ceilings. This point of order would typically affect the last spending bills to be
considered, such as supplemental appropriations measures or the last regular appropriations bills.
In the House, the so-called Fazio Exception, however, exempts legislation if it would not cause
the applicable committee 302(a) allocations to be exceeded.67 If, for example, the pending
appropriations legislation would not cause the House Appropriations Committee’s 302(a)
allocations to be exceeded, then the legislation would be exempt from the 311(a) point of order.
Appropriations measures considered on the House floor typically include an amount at or just
below the subcommittee 302(b) allocations and, in some cases, the committee 302(a) allocations
and the total spending ceilings as well. As a result, amendments that would increase new budget
authority in an appropriations measure for certain activities must typically decrease funding for
other activities in the pending bill. There are two types of House offset amendments considered in
Committee of the Whole: clause 2(f) and reachback (or fetchback) amendments. Under House
Rule XXI, clause 2(f) offset amendments may be offered that consist of two or more amendments
considered together (or en bloc) that would change amounts by directly adding text or changing
text in the body of the bill. Taken as a whole the amendment can not increase the total new budget
authority or outlays in the pending bill. Reachback offset amendments are generally offered at the
end of the bill and change funding amounts in the pending bill by reference. These amendments
must provide offsets in new budget authority, but not necessarily outlays.68
The separate order extends enforcement of 302(b) allocations to appropriations bills amended in
the Committee of the Whole. Regular appropriations bills and major supplemental appropriations
measures are typically considered for amendment in the Committee of the Whole. The order
generally establishes a point of order in the Committee of the Whole against a motion to rise and
report to the House an appropriations bill that, as amended, exceeds the applicable 302(b)
allocation in new budget authority.69 If the Presiding Officer sustains a point of order against such
a motion, the bill does not fall or automatically remain in the Committee of the Whole; instead,
the Committee of the Whole must decide, by a vote, whether to adopt the motion even though the
amended measure exceeds the allocation.70 The separate order does not apply to a motion to rise

66 The point of order does not apply to increases in direct spending required under current law.
67 Section 311(c) of the Congressional Budget Act. The title of the exception refers to former Representative Victor
Herbert Fazio, Jr. (CA).
68 For more information, see CRS Report RL31055, House Offset Amendments to Appropriations Bills: Procedural
Considerations, by Sandy Streeter.
69 For more detailed information on motions to rise, CRS Report RL32200, Debate, Motions, and Other Actions in the
Committee of the Whole, by Bill Heniff Jr. and Elizabeth Rybicki.
70 If the committee votes against “rising,” it may consider one proper amendment, such as an amendment reducing
(continued...)
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and report proposed after the bill has been read for amendment, if offered by the majority leader
(or a designee) pursuant to House Rule XXI, clause 2(d).
The House may waive or suspend these points of order by adopting, by majority vote, a special
rule waiving the particular point of order prior to floor consideration of the appropriations
legislation.
Senate
Three points of order typically enforce spending ceilings associated with the budget resolution.
Two are Congressional Budget Act points of order, as provided in sections 302(f) and 311(a). The
Senate application of these rules, however, varies from the House versions. The annual budget
resolution in recent years typically established another Senate point of order that enforces
separate total discretionary spending ceilings established in the budget resolution.71 In the Senate,
these points of order apply to all appropriations measures, both reported by the committee and as
amended on the floor, as well as amendments, motions, and conferences reports to these
measures.
The Senate 302(f) point of order prohibits floor consideration of such legislation providing new
budget authority for the upcoming fiscal year that would cause the applicable 302(b) allocations
in new budget authority and outlays for that fiscal year to be exceeded. In contrast to the House, it
(1) does not enforce the 302(a) allocations and (2) does enforce the outlay allocations. The 311(a)
point of order in the Senate is similar to the House version. The Senate, however, does not
provide for an exception similar to the Fazio Exception in the House. Section 401 of the FY2010
budget resolution is an example of budget resolution provisions enforcing discretionary spending
ceilings. It prohibited the consideration of legislation that would cause the FY2009 or FY2010
discretionary spending limits in new budgetary authority or outlays established in the budget
resolution to be exceeded.
Additionally, the FY2009 budget resolution includes a point of order still in effect that prohibits
language in appropriations legislation that would produce a net increase in the cost of mandatory
spending programs.72
Senators may make motions to waive these points of order at the time the issue is raised.
Currently, a vote of three-fifths of all Senators (60 Senators if there are no vacancies) is required
to approve a waiver motion for any of these points of order. A vote to appeal the presiding
officer’s ruling also requires three-fifths vote of all Senators. These super-majority vote
requirements for the 302(f) and 311(a) points are currently scheduled to expire on September 30,
2017.

(...continued)
funds in the bill to bring it into compliance with the allocation. The separate order also provides an up-or-down vote on
the amendment. Only one such point of order may be raised against a single measure.
71 For example, section 401(a) and (b) of the FY2010 budget resolution (S.Con.Res. 13, 111th Cong.), included such
spending limits and a point of order for FY2009 and FY2010.
72 See S.Con.Res. 70, §314 (110th Cong.).
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Emergency Spending
Since 1990, both the House and Senate have, generally, developed procedures to exempt from the
above spending ceilings funding for emergencies. These procedures have evolved over time.
In the House and Senate, new budget authority and resulting outlays designated in the legislation
as necessary to meet emergency needs are exempt from the 302(f) and 311(a) points of order.73
A super-majority vote requirement, however, is needed to utilize the emergency designation
exemption in the Senate. A Senator may raise a point of order against an emergency designation
in legislation, and a motion to waive the point of order or an appeal of the Presiding Officer’s
ruling requires a three-fifths vote of all Senators (60 Senators if there are no vacancies). If the
Presiding Officer sustains the point of order, the designation is stricken and then the legislation or
amendment may be vulnerable to the various enforceable spending ceilings.
Recently, the House and Senate have provided an exemption for new budgetary authority (and
resulting outlays) that is designated for overseas deployment and related activities. In practice,
overseas deployment and emergency designations considered in the House may be included in the
committee-reported bills and conference reports, but not in floor amendments. Under House
precedents these designations are considered legislation on an appropriations bill and, therefore,
prohibited under House Rule XXI, clause 2(b) and (c). This language is considered to create new
law, which would not otherwise exist.74 The House, sometimes, adopts a special rule waiving this
point of order against emergency and contingency operations designations in the reported bills
and conference reports, but not such provisions in floor amendments.
By contrast, under Senate precedents such designations are not considered legislation on an
appropriations bill. Emergency designations may be included in Senate floor amendments as well
as committee amendments, reported bills, amended bills, and conference reports.
Relationship Between Authorization and
Appropriation Measures
Congress has established an authorization-appropriation process that provides for two separate
types of measures—authorization measures and appropriation measures. These bills perform
different functions.
Authorization acts establish, continue, or modify agencies or programs. For example, an
authorization act may establish or modify programs within the Department of Defense. An
authorization act may also explicitly authorize subsequent appropriations for specific agencies
and programs, frequently setting spending ceilings for them. These authorization of

73 House exemption provided in section 423(b) of the FY2010 budget resolution (S.Con.Res. 13, 111th Cong.); Senate
exemption included in section 403 of the same measure.
74 Specifically, special budgetary designations pursuant to the concurrent resolution on the budget are considered
“legislation on an appropriations bill.” Special budgetary designations include provisions (1) designating funds for
“overseas deployment and other activities” under section 423(a) of S.Con.Res. 13 (111th Cong.); and (2) designating
funds as “an emergency requirement” under section 423(b) of the same resolution. For more information on legislation
on an appropriations bill, see “Relationship Between Authorization and Appropriation Measures” section below.
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appropriations provisions may be permanent, annual, or multi-year authorizations. Annual and
multi-year provisions require re-authorizations when they expire. Congress is not required to
provide appropriations for an authorized discretionary spending program.
Authorization measures are under the jurisdiction of authorization committees such as the House
Committees on Agriculture and Homeland Security, or the Senate Committees on Armed Services
and the Judiciary. Appropriations measures provide new budget authority for programs, activities,
or agencies previously authorized.
House and Senate rules enforce separation of these functions into different measures by
separating committee jurisdiction over authorization and appropriations bills, and with points of
order prohibiting certain provisions in appropriations measures.75 The House and Senate prohibit,
in varying degrees, language in appropriations bills providing unauthorized appropriations or
legislation on an appropriations bill. An unauthorized appropriation is new budget authority in an
appropriations measure (including an amendment or conference report) for agencies or programs
with no current authorization, or whose budget authority exceeds the ceiling authorized.
Legislation refers to language in appropriations measures that change existing law, such as
establishing new law, or amending or repealing current law. Legislation is under the jurisdiction
of the authorizing committees (also called legislative committees).
House rules prohibit unauthorized appropriations and legislation in regular appropriations bills
and supplemental appropriations measures which provide funds for more than one purpose or
agency (referred to in the House as general appropriations bills). However, House rules do not
prohibit such provisions in continuing resolutions. The House prohibition applies to bills reported
by the House Appropriations Committee, amendments, and conference reports. The House may
adopt a special rule waiving this rule prior to floor consideration of the appropriations bill or
conference report.76 The point of order applies to the text of the bill, as well as any amendments
or conference reports.
In the Senate, unauthorized appropriations and legislation are treated differently. The Senate rule
regarding such language applies to regular bills, supplementals which provide funds for more
than one purpose or agency, and continuing resolutions (referred to in the Senate as general
appropriations bills).
This Senate rule applies only to amendments to general appropriations bills, such as, those
• introduced on the Senate floor;
• reported by the Senate Appropriations Committee to the House-passed measure;
or
• proposed as a substitute for the House-passed text.77

75 House Rule XXI, clause 2; House Rule XXII, clause 5; and Senate Rule XVI. House rules also prohibit
appropriations in authorization measures, amendments, or conference reports (Rule XXI, clause 4 and House Rule
XXII, clause 5).
76 The special rule may provide a waiver for specified provisions or all provisions in the bill that are subject to the point
of order. The special rule may also provide a waiver for specific amendments. Special rules typically waive points of
order against all provisions in all conference reports on general appropriations measures.
77 The Senate rules also applies to amendments between the houses.
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The rule does not apply to provisions in Senate bills or conference reports. For example, this rule
did not apply to provisions in S. 1005, the FY1998 Defense appropriations bill, as reported by the
Senate Appropriations Committee. But it did apply to provisions in H.R. 2107, the FY1998
Interior bill, as reported by the Senate Appropriations Committee, since this version of the bill
consisted of amendments to the House-passed bill.78 Recently, the Senate has adopted unanimous
consent agreements, on a bill-by-bill basis, that make these points of order applicable to the
provisions of Senate originated appropriations bills.
The Senate rule is less restrictive than the House regarding what is prohibited as unauthorized
appropriations. For example, the Senate Appropriations Committee may report committee
amendments containing unauthorized appropriations. Similarly, an amendment moved by
direction of the committee with legislative jurisdiction or in pursuance of an estimate submitted in
accordance with law would not be prohibited as unauthorized. An appropriation also is considered
authorized if the Senate has previously passed the authorization during the same session of
Congress. In contrast, in the House, the authorization must be in law. As a result, while the Senate
rule generally prohibits unauthorized appropriations, Senators rarely raise this point of order
because of these exceptions to the rule.
The Senate rule prohibits legislation in both Senate Appropriations Committee amendments and
non-committee amendments.79 It also prohibits non-germane amendments.
The division between an authorization and an appropriation applies only to congressional
consideration. If unauthorized appropriations or legislation remain in an appropriations measure
as enacted, either because no one raised a point of order or the House or Senate waived the rules,
the provision will have the force of law. Unauthorized appropriations, if enacted, are generally
available for obligation or expenditure.
Rescissions
Rescissions cancel previously enacted budget authority. For example, if Congress provided $1.6
billion to construct a submarine, it could enact subsequent legislation canceling all or part of the
budget authority prior to its obligation. Rescissions are an expression of changed or differing
priorities. They may also be used to offset increases in budget authority for other activities.
The President may recommend rescissions to Congress, but it is up to Congress to act on them.
Under Title X of the Congressional Budget Act,80 if Congress does not enact a bill approving the
President’s rescissions within 45 days of continuous session of Congress, the budget authority
must be made available for obligation.

78 The Senate rule reflects Senate practices at the time the rule was established. The Senate Appropriations Committee
traditionally reported numerous amendments to the House-passed appropriations bill, instead of reporting an original
Senate bill. Therefore, the rule’s prohibition only applies to amendments, both committee and floor amendments.
79 Under Senate precedents, an amendment containing legislation may be considered if it is germane to language in the
House-passed appropriations bill. That is, if the House opens the door by including a legislative provision in an
appropriations bill, the Senate has an “inherent right” to amend it. However, if the Senate considers an original Senate
bill, rather than the House-passed bill with amendments, there is no House language to which the legislative provision
could be germane. Therefore, the defense of germaneness is not available.
80 Title X is referred to as the Impoundment Control Act.
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In response to the President’s recommendation, Congress may decide not to approve the amount
specified by the President, approve the total amount, or approve a different amount. For example,
in 2005, the President requested a rescission of $106 million from the Department of Defense
(DOD), Operations and Maintenance, Defense-Wide account and $48.6 million from DOD,
Research, Development, Test, and Evaluation, Army account. Congress provided a rescission of
$80 million from the first account in the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006.81 The act did not provide a rescission from the second account.
Congress may also initiate rescissions. In the above Act, Congress also included a rescission of
$10 million from the Department of State, Diplomatic and Consular Programs account.
As budget authority providing the funding must be enacted into law, so, too, a rescission
canceling the budget authority must be enacted into law. Rescissions can be included either in
separate rescission measures or any of the three types of appropriations measures.

Author Contact Information

Sandy Streeter

Analyst on Congress and the Legislative Process
sstreeter@crs.loc.gov, 7-8653



81 P.L. 109-148, 119 Stat. 2680.
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