Appropriation (law)
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In
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
, appropriation (from
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''appropriare'', "to make one's own", later "to
set aside Set-aside was an incentive scheme introduced by the European Economic Community (EEC) in 1988 (Regulation (EEC) 1272/88), to (i) help reduce the large and costly surpluses produced in Europe under the guaranteed price system of the Common Agricult ...
") is the act of
setting apart Setting apart is a ritual or priesthood action in the Church of Jesus Christ of Latter-day Saints where a person is formally blessed to carry out a specific calling or responsibility in the church. Once a person has accepted the responsibility ...
something for its application to a particular usage, to the exclusion of all other uses. It typically refers to the
legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
designation of
money Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money ar ...
for particular uses, in the context of a
budget A budget is a calculation play, usually but not always financial, for a defined period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including time, costs and expenses, environme ...
or spending bill.


Ecclesiastical law

In
ecclesiastical law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
, appropriation is the perpetual annexation of an ecclesiastical
benefice A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...
to the use of some spiritual corporation, either aggregate or sole. In the Middle Ages in England the custom grew up of the monasteries reserving to their own use the greater part of the tithes of their appropriated benefices, leaving only a small portion to their vicars in the parishes. On the dissolution of the monasteries the rights to collect "great tithes" were often sold off, along with former monastic lands, to laymen; whose successors, known as "lay impropriators" or "lay rectors," still hold them, the system being known as ''impropriation''.


Law of debtor and creditor

In the law of debtor and creditor, appropriation of payments is the application of a particular payment for the purpose of paying a particular debt. When a creditor has two debts due to him from the same debtor on distinct accounts, the general law as to the appropriation of payments made by the debtor is that the debtor is entitled to apply the payments to such account as he thinks fit; ''solvitur in modum solventis''. In default of appropriation by the debtor the creditor is entitled to determine the application of the sums paid, and may appropriate them even to the discharge of debts barred by the Statute of Limitations. In default of appropriation by either debtor or creditor, the law implies an appropriation of the earlier payments to the earlier debts.


Constitutional law

In constitutional law, appropriation is the assignment of money for a special purpose. In the United Kingdom an appropriation act appropriating various sums to government departments and
quango A quango or QUANGO (less often QuANGO or QANGO) is an organisation to which a government has devolved power, but which is still partly controlled and/or financed by government bodies. The term was originally a shortening of "quasi-NGO", where N ...
s, as set out by the government.


United States

In the United States, an
appropriations bill An appropriation, also known as supply bill or spending bill, is a proposed law that authorizes the expenditure of government funds. It is a bill that sets money aside for specific spending. In some democracies, approval of the legislature is ne ...
is a bill that appropriates (gives to, sets aside for) money to specific federal government departments, agencies, and programs. The money provides funding for operations, personnel, equipment, and activities. Regular appropriations bills are passed annually, with the funding they provide covering one fiscal year. The ''fiscal year'' is the accounting period of the American federal government, which runs from October 1 to September 30 of the following year. The
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
(art. I. § 9) says: "No money shall be drawn from the
treasury A treasury is either *A government department related to finance and taxation, a finance ministry. *A place or location where treasure, such as currency or precious items are kept. These can be state or royal property, church treasure or i ...
, but in consequence of appropriations made by law." This places the responsibility and power of deciding appropriations under the jurisdiction of the
United States House Committee on Appropriations The United States House Committee on Appropriations is a committee of the United States House of Representatives that is responsible for passing appropriation bills along with its Senate counterpart. The bills passed by the Appropriations Com ...
and the
United States Senate Committee on Appropriations The United States Senate Committee on Appropriations is a standing committee of the United States Senate. It has jurisdiction over all discretionary spending legislation in the Senate. The Senate Appropriations Committee is the largest comm ...
. Both committees have twelve matching subcommittees, each tasked with working on one of the twelve annual regular appropriations bills. Appropriations bills in the United States can also come in the format of an omnibus spending bill, a
continuing resolution In the United States, a continuing resolution (often abbreviated to CR) is a type of appropriations legislation. An appropriations bill is a bill that appropriates (gives to, sets aside for) money to specific federal government departments, ag ...
, or a supplemental appropriation bill. If Congress has not enacted the regular appropriations bills by the start of a new fiscal year, it can pass a continuing resolution, which continues the pre-existing appropriations at the same levels as the previous fiscal year (or with minor modifications) for a set amount of time. An omnibus spending bill is simply a combination of multiple appropriations bills into one larger appropriations bill. Supplemental appropriations bills increase funding for activities that were already funded in previous appropriations bills or that provide new funding for unexpected expenses. For example, both the War in Afghanistan and the
Iraq War {{Infobox military conflict , conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق (Kurdish languages, Kurdish) , partof = the Iraq conflict (2003–present), I ...
were funded with a variety of supplemental appropriations. Supplemental appropriations bills also provide funding for recovering from unexpected
natural disaster A natural disaster is "the negative impact following an actual occurrence of natural hazard in the event that it significantly harms a community". A natural disaster can cause loss of life or damage property, and typically leaves some econ ...
s like
Hurricane Sandy Hurricane Sandy (unofficially referred to as ''Superstorm Sandy'') was an extremely destructive and strong Atlantic hurricane, as well as the largest Atlantic hurricane on record as measured by diameter, with tropical-storm-force winds spann ...
(the Disaster Relief Appropriations Act, 2013).


Criminal law

In
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, the
Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...
s 3(1) defines appropriation as "Any assumption by a person of the rights of an owner".


Contract authority

A contract authority is a form of budget authority that permits obligations to be made in advance of appropriations.


See also

* Omnibus Appropriations Act of 2009 * Omnibus spending bill * Appropriations bill (United States)


References

{{reflist Legislative legal terminology