Chapter 41, Deschler’s Precedents

Chapter 41
Deschler’s Precedents
Volume 18

[pp. 346-350]

H. Canceling Budget Authority

§ 28. Deferrals

Congressional Disapproval of Presidential Deferrals

§ 28.1 By unanimous consent, the House has agreed to consider multiple impoundment resolutions, disapproving presidential deferrals of budget authority, reported from the Committee on Appropriations and otherwise privileged under the Impoundment Control Act.[1]

On July 29, 1982,[2] the following occurred:

[p. 347]
resolutions disapproving deferral of certain budget authorities

Mr. [John] MURTHA [of Pennsylvania]. Mr. Speaker, on behalf of Chairman YATES of the Subcommittee on Interior of the Committee on Appropriations, I call up the resolution (H. Res. 474) to disapprove the historic preservation fund deferral, and ask unanimous consent for its immediate consideration in the House, and the House Resolutions 475, 476, 479, 493, and 494, disapproving the deferral of certain budget authorities, may also be considered in the House and ask for their immediate consideration.[3]

The SPEAKER.[4] Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The SPEAKER. The Clerk will report the first resolution.

The Clerk read the resoluting [sic] as follows:

h. res. 474

Resolved, That the House of Representatives hereby disapproves the proposed deferral of budget authority in the amount of $781,000 for historic preservation fund, Department of the Interior (deferral numbered D82–240), as transmitted by the President to the Congress on March 18, 1982, under section 1013 of the Impoundment Control Act of 1974.

The SPEAKER. Under the rule, the gentleman from Pennsylvania (Mr. MURTHA) is recognized for 1 hour. . . .

Mr. [Joseph] McDade [of Pennsylvania]. Mr. Speaker, I move the previous question on the resolution.

The previous question was ordered.

The resolution was agreed to.

resolution disapproving deferral of budget authority (land and water conservation fund)

Mr. MURTHA. Mr. Speaker, I call up House Resolution 475, recommending that the House of Representatives express its disapproval of proposed deferral D82–239, and I ask unanimous consent for its immediate consideration.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The SPEAKER. The Clerk will report the resolution.

The Clerk read the resolution as follows:

h. res. 475

Resolved, That the House of Representatives hereby disapproves the proposed deferral of budget authority in the amount of $2,821,000 for Land and Water Conservation Fund, Department of the Interior (deferral number D82–239), as transmitted by the President to the Congress on March 18, 1982, under section 1013 of the Impoundment Control Act of 1974.

[p. 348]

Mr. MURTHA (during the reading). Mr. Speaker, I ask unanimous consent that the resolution be considered as read and printed in the RECORD.

The Speaker. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The resolution was agreed to.

resolution disapproving deferral of budget authority (urban park and recreation)

Mr. MURTHA. Mr. Speaker, I call up House Resolution 476, recommending that the House of Representatives express its disapproval of proposed deferral D82–238, and I ask unanimous consent for its immediate consideration.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The SPEAKER. The Clerk will report the resolution.

The Clerk read the resolution as follows:

h. res. 476

Resolved, That the House of Representatives hereby disapproves the proposed deferral of budget authority in the amount of $858,000 for Urban Park and Recreation Grants, Department of the Interior (deferral number D82–238), as transmitted by the President to the Congress on March 18, 1982, under section 1013 of the Impoundment Control Act of 1974.

The SPEAKER. The Chair recognizes the gentleman from Pennsylvania (Mr. MURTHA). . . .

Mr. MURTHA. Mr. Speaker, I move the previous question on the resolution.

The previous question was ordered.

The resolution was agreed to.

resolution disapproving deferral of budget authority (strategic petroleum reserve)

Mr. MURTHA. Mr. Speaker, I call up House Resolution 479, recommending that the House of Representatives express its disapproval of proposed deferral D82–10A, and I ask unanimous consent for its immediate consideration.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The SPEAKER. The Clerk will report the resolution.

The Clerk read the resolution as follows:

h. res. 479

Resolved, That the House of Representatives hereby disapproves the proposed deferral of budget authority in the amount of $52,860,000 for strategic petroleum reserve, Department of Energy, to delay phase III development of the reserve during fiscal year 1982 (deferral number D82–10A), as transmitted by the President to the Congress on February 8, 1982, under section 1013 of the Impoundment Control Act of 1974.

The resolution was agreed to.

[p. 349]
resolution disapproving deferral of budget authority (u.s. fish and wildlife reserve)

Mr. MURTHA. Mr. Speaker, I call up House Resolution 493, recommending that the House of Representatives express its disapproval of proposed deferral D82–247 and, I ask unanimous consent for its immediate consideration.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The SPEAKER. The Clerk will report the resolution.

The Clerk read the resolution as follows:

h. res. 493

Resolved, That the House of Representatives hereby disapproves the proposed deferral of budget authority in the amount of $400,000 for land acquisition, United States Fish and Wildlife Service, Department of the Interior, during fiscal year 1982 (deferral number D82–247), as transmitted by the President to the Congress on June 2, 1982, under section 1013 of the Impoundment Control Act of 1974.

Mr. MURTHA (during the reading). Mr. Speaker, I ask unanimous consent the resolution be considered as read and printed in the RECORD.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The resolution was agreed to.

resolution disapproving deferral of budget authority (construction and anadromous fish)

Mr. MURTHA. Mr. Speaker, I call up House Resolution 494, recommending that the House of Representatives express its disapproval of proposed deferral D82–246, and I ask unanimous consent for its immediate consideration.

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The SPEAKER. The Clerk will report the resolution.

The Clerk read the resolution as follows:

h. res. 494

Resolved, That the House of Representatives hereby disapproves the proposed deferral of budget authority in the amount of $600,000 for construction and anadromous fish, Department of the Interior (deferral number D82–246), as transmitted by the President to the Congress on June 2, 1982, under section 1013 of the Impoundment Control Act of 1974.

Mr. MURTHA (during the reading). Mr. Speaker, I ask unanimous consent that the resolution be considered as read and printed in the RECORD..

The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania?

There was no objection.

The Chair recognizes the gentleman from Pennsylvania (Mr. MURTHA). . . .

Mr. MURTHA. Mr. Speaker, I move the previous question on the resolution.

The previous question was ordered.

The resolution was agreed to.

[p. 350]

On Mar. 12, 1975,[4] the following occurred:

Mr. [Joseph] EVINS of Tennessee. Mr. Speaker, I call up House Resolution 241 and ask unanimous consent that it be considered in the House and that House Resolutions 242, 243, 244, 245, and 246,[5] disapproving the deferrals of certain budget authorities, may also be considered in the House.

The SPEAKER.[6] Is there objection to the request of the gentleman from Tennessee?

There was no objection.

providing for disapproval of proposed deferral d75–81 transmitted under section 1013 of the impoundment control act of 1974

The Clerk read the resolution as follows:

h. res. 241

Resolved, That the House of Representatives expresses its disapproval of proposed deferral D75–81, as set forth in the message of October 31, 1974, which was transmitted to the Congress by the President under section 1013 of the Impoundment Control Act of 1974.

The SPEAKER. The Chair recognizes the gentleman from Tennessee (Mr. EVINS). . . .

Mr. EVINS of Tennessee. Mr. Speaker, I move the previous question on the resolution.

The previous question was ordered.

The resolution was agreed to.

[1] House Rules and Manual § 1130(6A) (2011).

Parliamentarian’s Note: Although privileged for consideration in the Committee of the Whole, these resolutions were nevertheless considered in the House in order to allow the operation of the previous question to terminate debate (a motion not available in the Committee of the Whole).

[2] 128 Cong. Rec. 18642–44, 97th Cong. 2d Sess.

[3] As the proceedings here indicate, unanimous consent was separately granted to consider each of these disapproval resolutions individually.

[4] Thomas O’Neill (MA).

[4] [As in original: two footnotes #4] 121 Cong. Rec. 6344, 6345, 94th Cong. 1st Sess.

[5]  As with the previous precedent, these additional disapproval resolutions were each considered separately by unanimous consent following the adoption of H. Res. 241.

[6] Carl Albert (OK).

§ 28. Deferrals (pdf)

Deschler’s Precedents: Chapter 41 of Volume 18 (PDF Links)

Deschler-Brown-Johnson-Sullivan Precedents, Chapter 41, Volume 18, (H. Doc. 94-661), 112th Congress, 2013.

§ 27. Rescissions

§ 29. The Debt Limit

[BCR §075]