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Authorization of Appropriations: Procedural and Legal Issues (CRS Report for Congress)

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Release Date Sept. 9, 2014
Report Number R12098
Report Type Report
Authors Tollestrup, Jessica;Yeh, Brian T.
Source Agency Congressional Research Service
Summary:

“To provide funding for discretionary spending programs of the government, Congress generally uses an annual appropriations process. Under congressional rules, when making decisions about the funding of individual items or programs, however, Congress may be constrained by the terms of previously enacted legislation. The way in which the House and Senate interpret and apply this concept under their respective rules and precedents creates a distinction between authorized and unauthorized appropriations. This report provides a brief explanation of this distinction, and its significance for understanding how appropriations and other legislation work in conjunction to determine how agencies may spend appropriated funds. The U.S. Constitution grants Congress the ‘power of the purse’ by prohibiting expenditures ‘but in Consequence of Appropriations made by Law.’ As a result, legislation to provide for government expenditures must adhere to the same requirements and conditions imposed on the law-making process as any other measure. The Constitution does not, however, prescribe specific practices or procedures. Instead, the manner in which the House and Senate have chosen to exercise this authority is a construct of congressional rules and practices, which have evolved pursuant to the constitutional authority of each chamber to ‘determine the Rules of its Proceedings.’”