94th Congress, 2d Session - - - - - - - - - - - - - - - - - - - House Document No. 94–661 DESCHLER-BROWN- JOHNSON-SULLIVAN PRECEDENTS OF THE United States House of Representatives By LEWIS DESCHLER, J.D., D.J., M.P.L., LL.D. Parliamentarian of the House, 1928–1974 WM. HOLMES BROWN, J.D. Parliamentarian of the House, 1974–1994 CHARLES W. JOHNSON, III, J.D. Parliamentarian of the House, 1994–2004 JOHN V. SULLIVAN, J.D. Parliamentarian of the House, 2004–2012 VOLUME 18 COVERING PRECEDENTS THROUGH THE 112TH CONGRESS AND EMPLOYING CITATIONS TO THE RULES AND TO THE HOUSE RULES AND MANUAL OF THAT PERIOD WHICH HAVE SUBSEQUENTLY BEEN RECODIFIED AS SHOWN IN H. DOC. 106–320 AT PAGES XIII–XV For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00001 Fmt 8879 Sfmt 8879 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00002 Fmt 8879 Sfmt 8879 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A Foreword to Bound Volume 18 The publication of volume 18 of Deschler-Brown-Johnson-Sul- livan Precedents marks the completion of the compilation of modern precedents of the House of Representatives commenced by then Parliamentarian Lewis Deschler in 1974. The volume contains the forty-first and final chapter in the series as well as an appendix authored by former Parliamentarian Charles W. Johnson, III. Chapter 41 is focused on the budget process in the House and contains precedents from the enactment of the Congressional Budget Act of 1974 through 2012. The ap- pendix represents commentary from the perspective of Charles W. Johnson, III, whose service in the Office of the Parliamen- tarian with seven successive Speakers uniquely qualifies him to document the parliamentary evolution of the House since the publication of volume 1 in 1976. The contributions of former Parliamentarian John V. Sullivan, particularly his vision and leadership in preparing this volume and modernizing the Office of Compilation of Precedents, are gratefully acknowledged. THOMAS J. WICKHAM, JR. Parliamentarian FEBRUARY 8, 2013. iii VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00003 Fmt 8883 Sfmt 8883 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00004 Fmt 8883 Sfmt 8883 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A TABLE OF ABBREVIATIONS AND TERMS A. (or A.2d) Atlantic Reporter ad hoc For a particular purpose or end A.L.R. American Law Reports Annotated Am Jur American Jurisprudence amend. Amendment to the Constitution Annals of Cong. Annals of Congress (1789–1824) App. D.C. Appeal Cases, District of Columbia App. Div. Appellate Division art. Article of the Constitution C.A. Court of Appeals Cert. Certiorari cf. Compare with CFR Code of Federal Regulations Ch. Chapter Cir. Circuit Court of Appeals (federal) Cir. Ct. App. Circuit Court of Appeals (state) cl. clause Comm. Committee Cong. Congress Cong. Deb. Congressional Debates (1824–1837) Cong. Globe Congressional Globe (1833–1873) Cong. Rec. Congressional Record contra Contradictory authority Crim. App. Court of Criminal Appeals Ct. Cl. Court of Claims D. District Court (federal) daily ed. Daily edition of Record e.g. For example et al. Omission of party in case name et seq. And the following ex rel. On the relation of... Exec. Comm. Executive Communication F (or F2d) Federal Reporter FCA Federal Code Annotated Fed. Reg. Federal Register FRD Federal Rules Decisions F Supp Federal Supplement H. Con. Res. House Concurrent Resolution H. Doc. House Document H.J. Res. House Joint Resolution H. Jour. House Journal H.R. House Bill H. Rept. House Report H. Res. House Resolution v VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00005 Fmt 8877 Sfmt 8877 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A TABLE OF ABBREVIATIONS AND TERMS Id. Citation to same authority as in immedi- ately preceding citation i.e. That is In re In the matter of... infra Subsequent section or chapter inter alia Among others L.Ed (or L.Ed2d) Lawyers’ Edition, U.S. Supreme Court Reports L.J. Law Journal L. Rev. Law Review Mem. Disposition of case without opinion N.E. (or N.E.2d) North Eastern Reporter N.W. (or N.W.2d) North Western Reporter Op. Att’y Gen. Attorney General’s Opinions P. (or P.2d) Pacific Reporter Per Curiam Disposition of case with short opinion Priv. L. Private Law Pub. L. Uncodified Statute or Session Law S. Senate Bill S. Con. Res. Senate Concurrent Resolution S. Ct. Supreme Court Reporter S. Doc. Senate Document S.E. (or S.E.2d) South Eastern Reporter Sess. Session Sic Mistake in original of quoted material S.J. Res. Senate Joint Resolution S. Jour. Senate Journal S. Rept. Senate Report S. Res. Senate Resolution So. (or So.2d) Southern Reporter Stat. Statutes at large Sup. Ct. Supreme Court supra Prior section or chapter S.W. (or S.W.2d) South Western Reporter U.S. United States Supreme Court Reports USC (or USCA) United States Code (or United States Code Annotated) U.S. Code Cong. & Ad. United States Code Congressional and News Administrative News U.S. Const. United States Constitution U.S.L.W. United States Law Week vi VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00006 Fmt 8877 Sfmt 8877 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A CHAPTER 41 Budget Process A. Introduction to the Budget Process § 1. Introduction § 2. Timeline of the Budget Process § 3. Presidential Budget Submissions B. The Concurrent Resolution on the Budget § 4. Content of the Concurrent Resolution on the Budget § 5. Consideration of Concurrent Resolutions on the Budget C. The Appropriations Process and the Role of Commit- tees § 6. Relationship to the Appropriations Process § 7. Role of Committees D. Budget Act Points of Order § 8. Section 904 § 9. Section 303 § 10. Section 311 § 11. Section 302 § 12. Section 401(a) § 13. Section 401(b) § 14. Former Section 402(a) § 15. Section 315 § 16. Section 306 Commentary and editing by Andrew S. Neal, J.D. and Max Spitzer, J.D. Manuscript editing by Deborah Woodard Khalili. 1 VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00007 Fmt 8890 Sfmt 8890 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A Ch. 41 DESCHLER-BROWN-JOHNSON-SULLIVAN PRECEDENTS E. Budgetary Enforcement in the Absence of a Budget Resolution § 17. ‘‘Deeming’’ Resolutions § 18. Committee Allocations Pursuant to Section 302 F. Reconciliation § 19. Introduction § 20. Reconciliation Directives in Budget Resolutions § 21. House Consideration of Reconciliation Bills G. Pay-As-You-Go Procedures § 22. Introduction § 23. Statutory Pay-As-You-Go Act § 24. House PAYGO Rule § 25. House CUTGO Rule H. Canceling Budget Authority § 26. Introduction and Sequestration Generally § 27. Rescissions § 28. Deferrals I. The Debt Limit § 29. The Debt Limit J. Additional Budget Controls § 30. Unfunded Mandates § 31. Earmarks 2 VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00008 Fmt 8890 Sfmt 8890 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A Budget Process A. Introduction to the Budget Process § 1. Introduction Pursuant to article I, section 8 of the Constitution of the United States, Congress retains the ‘‘power of the purse,’’ encompassing the authority to lay and collect taxes, pay debts, and borrow money on the credit of the United States. Furthermore, section 9 requires that all money drawn from the Treasury be in ‘‘consequence of appropriations made by law.’’ Apart from these simple prescriptions, however, the Constitution does not provide spe- cific mechanisms for managing the nation’s finances. Instead, the congres- sional budgeting process has grown and evolved over time. What exists today is a complex system involving the interaction of a variety of laws (en- acted over several decades), executive action, congressional rulemaking de- signed to guide budgetary policy, and additional congressional rules created to enforce budgetary decisions.(1) In order to allocate Federal fiscal resources, Congress engages in an au- thorization process, an appropriations process, and a congressional budget process. Federal programs are created during the authorization process, which contemplates legislation establishing the programs and authorizing funds to be spent thereon. Congress then provides funding for these Federal programs during the appropriations process, by which money is formally drawn from the Treasury for authorized programs. These spending decisions are made in the context of a framework provided by the congressional budg- et process, which outlines fiscal policy with regard to overall levels of reve- nues and spending. These different processes do not necessarily occur in chronological order. In addition to the discretionary spending process described above, Con- gress has enacted laws that mandate spending on certain programs. Such ‘‘mandatory’’ or ‘‘direct’’ spending (including most kinds of entitlement spending) occurs by law without regard to the annual spending decisions made by Congress during the appropriations process. The annual cost of such programs is determined by formulas contained in the legislation itself, 1. For an earlier overview of the congressional budget process, see Deschler’s Precedents Ch. 13 § 21, supra. 3 VerDate Aug 31 2005 09:08 Feb 11, 2013 Jkt 000000 PO 00000 Frm 00009 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL18\CH41-2~1\VOL18C~1 27-6A Ch. 41 § 1 DESCHLER-BROWN-JOHNSON-SULLIVAN PRECEDENTS and can be altered by Congress only through revisions to the underlying law.