Unauthorized Appropriations

What is an unauthorized appropriation?

This term refers to programs and activities that have been funded with discretionary appropriations even though their specific authorization of appropriations has expired. These authorizations typically set a specific dollar amount that may be appropriated, and specify the length of time funds can be used—for example 1-year, multiyear, or until expired.

What is the current amount of unauthorized appropriations?

According to a recent CBO report, there is over $310 billion of unauthorized appropriations for fiscal year 2016 spanning 256 laws and 15 House authorizing committees. Over half—or $160 billion—of the unauthorized amount is for programs whose expired authorization is over 10 years old.  Over the past decade, about 1/4 of total discretionary appropriations has beenunauthorized on average, mostly for non-defense programs. This year, about 57 percent of total non-defense spending was unauthorized. 

Are there rules against unauthorized appropriations?

Yes.  Rule XXI, clause 2(a)(1) says, “An appropriation may not be reported in a general appropriation bill, and may not be in order as an amendment thereto, for an expenditure not previously authorized by law, except to continue appropriations for public works and objects that are already in progress.” This rule was first established in 1837 and has been modified on various occasions.