[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress] [117th Congress] [House Document 116-177] [Rules of the House of Representatives] [Pages 884-942] [From the U.S. Government Publishing Office, www.gpo.gov] Rule XXI Reservation of certain points of order restrictions on certain bills
1035. Reservation of points of order. | 1. At the time a general appropriation bill is reported, all points of order against provisions therein shall be considered as reserved. |
1036. Unauthorized appropriations reported in general appropriation bills or amendments thereto. | 2. (a)(1) 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. |
Sec. 1037. Reappropriations prohibited. | (2) A reappropriation of unexpended balances of appropriations may not be reported in a general appropriation bill, and may not be in order as an amendment thereto, except to continue appropriations for public works and objects that are already in progress. This subparagraph does not apply to transfers of unexpended balances within the department or agency for which they were originally appropriated that are reported by the Committee on Appropriations. |
Sec. 1038. Legislation in reported general appropriation bills; exceptions. | (b) A provision changing existing law may not be reported in a general appropriation bill, including a provision making the availability of funds contingent on the receipt or possession of information not required by existing law for the period of the appropriation, except germane provisions that retrench expenditures by the reduction of amounts of money covered by the bill (which |
Sec. 1039. Legislation or limitations in amendments to general appropriation bills. | (c) An amendment to a general appropriation bill shall not be in order if changing existing law, including an amendment making the availability of funds contingent on the receipt or possession of information not required by existing law for the period of the appropriation. Except as provided in paragraph (d), an amendment proposing a limitation not specifically contained or authorized in existing law for the period of the limitation shall not be in order during consideration of a general appropriation bill. |
Sec. 1040. Motion to rise and report as preferential to amendments. | (d) After a general appropriation bill has been read for amendment, a motion that the Committee of the Whole House on the state of the Union rise and report the bill to the House with such amendments as may have been adopted shall, if offered by the Majority Leader or a designee, have precedence over motions to amend the bill. If such a motion to rise and report is rejected or not offered, amendments proposing limitations not specifically contained or authorized in existing law for the period of the limitation or proposing germane amendments that retrench expenditures by reductions of amounts of money covered by the bill may be considered. |
Sec. 1041. Designated emergencies reported in appropriation bills. | (e) A provision other than an appropriation designated an emergency under section 251(b)(2) or section 252(e) of the Balanced Budget and Emergency Deficit Control Act, a rescission of budget authority, or a reduction in direct spending or an amount for a designated emergency may not be reported in an appropriation bill or joint resolution containing an emergency designation under section 251(b)(2) or section 252(e) of such Act and may not be in order as an amendment thereto. |
Sec. 1042. Offsetting amendments en bloc to appropriation bills. | (f) During the reading of an appropriation bill for amendment in the Committee of the Whole House on the state of the Union, it shall be in order to consider en bloc amendments proposing only to transfer appropriations among objects in the bill without increasing the levels of budget authority or outlays in the bill. When considered en bloc under this paragraph, such amendments may amend portions of the bill not yet read for amendment (following disposition of any points of order against such portions) and are not subject to a demand for division of the question in the House or in the Committee of the Whole. |
Sec. 1043. History of clause 2 of rule XXI. | The 25th Congress in 1837 was the first to adopt a rule prohibiting appropriations in a general appropriation bill or amendment thereto not previously authorized by law, in order to prevent delay of appropriation bills because of contention over propositions of legislation. In 1838 that Congress added the exception to permit unauthorized appropriations for continuation of works in progress and for contingencies for carrying on departments of the Government. The rule remained in that form until the 44th Congress in 1876, when William S. Holman of Indiana persuaded the House to |
Sec. 1044. Points of order on general appropriation bills generally. | As the rule applies only to general appropriation bills, which are not enumerated or defined in the rules (VII, 1116), bills appropriating only for one purpose have been held not to be ``general'' within the meaning of this clause (VII, 1122). The following have been held not to be ``general appropriation bills'' within the purview of this clause: (1) a joint resolution providing an appropriation for a single Government agency (Jan. 31, 1962, p. 1352); (2) a joint resolution only containing continuing appropriations for diverse agencies to provide funds until regular appropriation bills are enacted (Sept. 21, 1967, p. 26370); (3) a joint resolution providing an appropriation for a single Government agency and per |
Sec. 1044a. Points of order on general appropriation bills, deliberation of. | To resolve an ambiguity when ruling on a point of order, the Chair may: (1) examine legislative history established during debate on an amendment against which a point of order has been reserved (June 14, 1978, p. 17651); (2) inquire after its author's intent (Oct. 29, 1991, p. 28818); or (3) examine the accompanying report to determine the intent of the section (June 25, 2004, p. 14181). |
Sec. 1044b. Motion to rise and report. | Where the reading of a general appropriation bill for amendment has been completed (or dispensed with), including the last paragraph of the bill containing the citation to the short title (July 30, 1986, p. 18214), the Chair (under the former form of the rule, which made the preferential motion to rise and report available to any Member) might first inquire whether any Member sought to offer an amendment (formerly, one not prohibited by clauses 2(a) or (c)) before recognizing Members to offer limitation or retrenchment amendments (June 2, 1983, p. 14317; Sept. 22, 1983, p. 25406; Oct. 27, 1983, p. 29630), including pro forma amendments (Aug. 2, 1989, p. 18126). Pursuant to clause 2(d), a motion that the Committee of the Whole rise and report the bill to the House with such amendments as may have been adopted is not debatable (Apr. 23, 1987, p. 9613) and takes precedence over any amendment (formerly only over a limitation or retrenchment amendment) (July 30, 1985, p. 21534; July 23, 1986, p. 17431; Apr. 23, 1987, p. 9613), but only after completion of the reading and disposition of amendments not otherwise precluded (June 30, 1992, p. 17135). Thus a motion that the Committee rise and report the bill to the House with the recommendation that it be recommitted, with instructions to report back to the House with an amendment proposing a limitation, does not take precedence over the motion to rise and report the bill to the House with such amendments as may have been adopted (Sept. 19, 1983, p. 24647 (sustained on appeal)). An amendment not only reducing an amount in a paragraph of an appropriation bill but also limiting expenditure of those funds on a particular project (i.e., a limitation not contained in existing law) was held not in order during the reading of that paragraph but only |
Sec. 1045. Authorization of law for appropriations. | A treaty may provide the authorization by existing law required in the rule to justify appropriations if it has been ratified by the contracting parties (IV, 3587); however, where existing law authorizes appropriations for the U.S. share of facilities to be recommended in an agreement with another country containing specified elements, an agreement in principle with that country predating the authorization law and lacking the required elements is insufficient authorization (June 28, 1993, p. 14421). An Executive Order does not constitute sufficient authorization in law absent proof of its derivation from a statute enacted by Congress authorizing the order and expenditure of funds (June 15, 1973, p. 19855; June 25, 1974, p. 21036). Thus a Reorganization Plan submitted by the President pursuant to 5 U.S.C. 906 has the status of statutory law when it becomes effective and is sufficient authorization to support an appropriation for an office created by Executive Order issued pursuant to the Reorganization Plan (June 21, 1974, p. 20595). A constitutional guarantee of just compensation for a governmental taking of private property for public use does not itself constitute sufficient authorization by law for appropriations in a general appropriation bill for compensation of particular private property owners (July 18, 2001, pp. 13662-65; cf. VII, 1144). |
Sec. 1046. Authorization for claims and salaries. | Judgments of courts certified to Congress in accordance with law or authorized by treaty (IV, 3634, 3635, 3644) and audited under authority of law have been held to be authorizations for appropriations for the payment of claims (IV, 3634, 3635). However, unadjudicated claims (IV, 3628), even though ascertained and transmitted by an executive officer (IV, 3625-3640), and findings filed under the Bowman Act do not constitute authorization (IV, 3643). |
Sec. 1047. Authorizations for public works. | An appropriation for a public work in excess of a fixed limit of cost (IV, 3583, 3584; VII, 1133), or for extending a service beyond the limits assigned by an executive officer exercising a lawful discretion (IV, 3598), or by actual law (IV, |
Sec. 1048. Continuation of a public work by appropriations. | The provision excepting public works and objects that are already in progress from the requirement that appropriations be authorized by existing law (IV, 3578) has historically been applied only in cases of general revenue funding (Sept. 22, 1993, p. 22140; Sept. 23, 1993, p. 22173). An appropriation in violation of existing law or to extend a service beyond a fixed limit is not in order as the continuance of a public work (IV, 3585, 3702-3724; VII, 1332; Sept. 23, 1993, p. 22173; Deschler, ch. 26, Sec. 8.9). The ``works in progress'' exception may not be invoked to fund a project governed by a lapsed authorization (June 27, 2012, p. 10130) and may not be invoked to fund a project that is not yet under construction (July 31, 1995, p. 21207). Where existing law (40 U.S.C. 3307) specifically prohibits the making of an appropriation to construct or alter any public building involving more than a certain amount of money unless approved by the House and Senate Public Works Committees, an appropriation for such purposes not authorized by both committees is out of order notwithstanding the ``works in progress'' exemption, because the law specifically precludes the appropriation from being made (June 8, 1983, p. 14855). An appropriation from the Highway Trust Fund for an ongoing project was held not in order under the ``works in progress'' exception where the Internal Revenue Code ``occupied the field'' with a comprehensive authorization scheme not embracing the specified project (Sept. 22, 1993, p. 22140; Sept. 23, 1993, p. 22173). Interruption of a work does not necessarily remove it from the privileges of the rule (IV, 3705-3708); but the continuation of the work must not be so conditioned in relation to place as to become a new work (IV, 3704). It has been held that a work has not begun within the meaning |
Sec. 1049. Examples illustrating the continuation of a public work. | Thus the continuation of the following works has been admitted: a topographical survey (IV, 3796, 3797; VII, 1382), a geological map (IV, 3795), marking of a boundary line (IV, 3717), marking graves of soldiers (IV, 3788), a list of claims (IV, 3717), and recoinage of coins in the Treasury (IV, 3807); but the following works have not been admitted: investigation of materials, like coal (IV, 3721), scientific investigations (IV, 3719; VII, 1345), duties of a commission (IV, 3720; VII, 1344), extension of foreign markets for goods (IV, 3722), printing of a series of opinions indefinite in continuance (IV, 3718), free evening lectures in the District of Columbia (IV, 3789), certain ongoing projects from the Highway Trust Fund (Sept. 22, 1993, pp. 22140; Sept. 23, 1993, p. 22173), extension of an existing road (Sept. 22, 1993, p. 22140), continuation of an extra compensation for ordinary facility for carrying the mails (IV, 3808), although the continuation of certain special mail facilities has been admitted (IV, 3804-3806). However, appropriations for rent and repairs of buildings or Government roads (IV, 3793, 3798) and bridges (IV, 3803) have been admitted as in continuation of a work (IV, 3777, 3778), although it is not in order as such to provide for a new building in place of one destroyed (IV, 3606). It is not in order to repair paving adjacent to a public building but in a city street, although it may have been laid originally by the Government (IV, 3779). The purchase of adjoining land for a work already established has been admitted under this principle (IV, 3766-3773) as have additions to existing buildings in cases in which no limits of cost have been shown (IV, 3774, 3775). However, the purchase of a separate and detached lot of land is not admitted (IV, 3776). The continuation of construction at the Kennedy Library, a project owned by the United States and funded by a prior year's appropriation, has been admitted notwithstanding the absence of any current authorization (June 14, 1988, p. 14335). A provision of law authorizing Commissioners of the District of Columbia to take over and operate the fish wharves of the city of Washington was held insufficient authority to admit an appropriation for reconstructing the fish wharf (VII, 1187). |
Sec. 1050. New buildings at existing institutions as in continuance of a public work. | Appropriations for new buildings at Government institutions have sometimes been admitted (IV, 3741-3750) when intended for the purposes of the institution (IV, 3747); but later decisions, in view of the indefinite extent of the practice made possible by the early decisions, have ruled out propositions to appropriate for new buildings in navy yards (IV, 3755-3759) and other establishments (IV, 3751-3754). Appropriations for new schoolhouses in the District of Columbia (IV, 3750; VII, 1358), for new Army hospitals (IV, 3740), for new lighthouses (IV, 3728), armor-plate factories (IV, 3737-3739), and for additional playgrounds for children in the District of Columbia (IV, 3792) have also been held not to be in continuation of a public work. |
Sec. 1051. New vessel for naval and other services as in continuation of a public work. | By a former broad construction of the rule an appropriation of a new and not otherwise authorized vessel of the Navy had been held to be a continuance of a public work (IV, 3723, 3724); but this line of decisions has been overruled (VII, 1351; Jan. 22, 1926, p. 2621). Although appropriations for new construction and procurement of aircraft and equipment for the Navy are not in order, appropriations for continuing experiments and development work on all types of aircraft are in order (Jan. 22, 1926, p. 2623). This former interpretation was confined to naval vessels, and did not apply to vessels in other services, like the Coast and Geodetic Survey or Lighthouse Service (IV, 3725, 3726), or to floating or stationary drydocks (IV, 3729-3736). The construction of a submarine cable in extension of one already laid was held not to be the continuation of a public work (IV, 3716), but an appropriation for the Washington-Alaska military cable has been held in order (VII, 1348). |
Sec. 1052. Legislation generally. | A provision changing existing law is construed to mean the enactment of law where none exists (IV, 3812, 3813). For example, the following provisions have been held out of order: (1) permitting funds to remain available until expended or beyond the fiscal year covered by the bill where existing law does not permit such availability (Aug. 1, 1973, p. 27288; June 9, 2006, p. 10671); (2) permitting funds to be available immediately upon enactment before the fiscal year covered by the bill (July 29, 1986, p. 17981; June 28, 1988, p. 16255); (3) permitting funds to be available to the extent provided in advance in appropriation Acts but not explicitly beyond the fiscal year in question (July 21, 1981, p. 16687); (4) setting a floor on spending that is not established by existing law (July 23, 2003, pp. 19228, 19229); (5) establishing a legislative formula for funding (Feb. 18, 2011, pp. 2509, 2510). |
Sec. 1053. Limitations on appropriations generally. | Although the rule forbids a provision ``changing existing law,'' the House, by practice, has established the principle that certain ``limitations'' may be admitted. Just as the House may decline to appropriate for a purpose authorized by law, so may it by limitation prohibit the use of the money for part of the purpose while appropriating for the remainder of it (IV, 3936; VII, 1595). Paragraph (c) prohibits consideration of limitation amendments during the reading of the bill by paragraph unless specifically authorized by existing law for the period of the limitation, even if the amendment is expanding a limitation already in the bill (July 23, 2003, p. 19238). |
Sec. 1054. New duties or determinations; executive discretion. | Propositions to establish affirmative directions for executive officers (IV, 3854-3859; VII, 1443; July 31, 1969, p. 21675; June 18, 1979, p. 15286; July 1, 1987, pp. 18654, 18655; June 27, 1994, p. 14572), even in cases in which they may have discretion under the law so to do (IV, 3853; June 4, 1970, p. 18401; Aug. 8, 1978, p. 24959), or to affirmatively take away an authority or discretion conferred by law (IV, 3862, 3863; VII, 1975; Mar. 30, 1955, p. 4065; June 21, 1974, p. 20600; July 31, 1985, p. 21909), are subject to a point of order. |
Sec. 1055. Contingencies and congressional actions. | An amendment making an appropriation contingent upon a recommendation (June 27, 1979, p. 17054) or action not specifically required by law is legislation; such as a provision limiting the use of funds in a bill ``unless'' or ``until'' an action contrary to existing law is taken (Deschler, ch. 26, Sec. 47.1; July 24, 1996, p. 18888). Where existing law requires an agency to furnish certain information to congressional committees upon request, without a subpoena, it is not in order to make funding for that agency contingent upon its furnishing information to subcommittees upon request (July 30, 1980, p. 20475), or contingent upon submission of an agreement by a Federal official to Congress and congressional review thereof (July 31, 1986, p. 18370). Similarly, it is not in order to condition funds on legal determinations to be made by a Federal court and an executive department (June 28, 1988, p. 16261; see Deschler, ch. 26, Sec. 47.2). |
Sec. 1056. Construing or amending existing law. | A provision proposing to construe existing law is itself legislative and therefore not in order (IV, 3936-3938; May 2, 1951, p. 4747; July 26, 1951, p. 8982). For example, a provision reaffirming the status of land taken into trust for the benefit of an Indian tribe under a specified law was held to constitute legislation (July 12, 2016, p. _). However, an official's general responsibility to construe the language of a limitation on the use of funds, absent imposition of an affirmative direction not required by law, does not destroy the validity of a limitation (June 27, 1974, pp. 21687-94). |
Sec. 1057. Mandating expenditures. | A provision that mandates a distribution of funds in contravention of an allocation formula in existing law is legislation (July 29, 1982, pp. 18637, 18638; Oct. 5, 1983, p. 27335; Aug. 2, 1989, p. 18123; July 24, 1995, p. 20141), as is an amendment that by such a mandate interferes with an executive official's discretionary authority (Mar. 12, 1975, p. 6338), or requires not less than a certain sum to be used for a particular purpose where existing law does not mandate such expenditure (June 18, 1976, p. 19297; July 29, 1982, p. 18623) (including by stating that not less than a certain sum ``should be allocated'' (June 9, 2006, p. 10673)), or earmarks appropriated funds to the arts and requires their expenditure pursuant to standards otherwise applicable only as guidelines (July 12, 1989, p. 14432). Where existing law directed a Federal official to provide for sale of certain Government property to a private organization in ``necessary'' amounts, an amendment providing that no such property be withheld from distribution from qualifying purchasers was legislation, because requiring disposal of all property and restricting discretionary authority to determine ``necessary'' amounts (Aug. 7, 1978, p. 24707). An amendment directing the use of funds to assure compliance with an existing law, where existing law does not so mandate, also is legislation (June 24, 1976, p. 20370). So-called ``hold-harmless'' provisions that mandate a certain level of expenditure for certain purposes or recipients, where existing law confers discretion or makes ratable reductions in such expenditures, also constitute legislation (Apr. 16, 1975, p. 10357; June 25, 1976, p. 20557). A transfer of available funds from one department to another with directions as to the use to which those funds must be put is legislation (and also a reappropriation in violation of clause 2(a)(2) of this rule) (Dec. 8, 1982, p. 29449). A provision requiring States to match funds provided in an appropriation bill was held to constitute legislation where existing law contained no such requirement (June 28, 1993, p. 14418). Where existing law prescribes a formula for the allocation of funds among several categories, an amendment merely reducing the amount earmarked for one of the categories is not legislation, so long as it does not textually change the statutory formula (July 24, 1995, p. 20133). |
Sec. 1058. Waivers; amending legislation permitted to remain. | The House may, by agreeing to a report from the Committee on Rules or by adopting an order under suspension of the rules, allow legislation on general appropriation bills (IV, 3260-3263, 3839-3845). Where an unauthorized appropriation or legislation is permitted to remain in a gen |
Sec. 1059. Senate amendments. | The principle seems to be generally well accepted that the House proposing legislation on a general appropriation bill should recede if the other House persists in its objection (IV, 3904-3908), and clause 5 of rule XXII (Sec. 1076, infra) prohibits House conferees from agreeing to a Senate amendment that proposes legislation on an appropriation bill without specific authority from the House. However, where a Senate amendment proposing legislation on a general appropriation bill is, pursuant to the edict of clause 5 of rule |
Sec. 1062. Legislation reducing expenditures. | As explained in the annotation in Sec. 1043, supra, the amendment of clause 2(b) in the 98th Congress narrowed the ``Holman Rule,'' an exception to the general prohibition against legislation, to cover only retrenchments reducing amounts of money covered by the bill, and not also retrenchments resulting from reduction of the number and salary of officers of the United States or of the compensation of any person paid out of the U.S. Treasury. Accordingly, the Chair has, for example, held out of order an amendment mandating the reduction of certain Federal salaries and expenses as not confined to a reduction of funds in the bill (June 17, 1994, p. 13422). In the 115th Congress, however, the House provided that retrenchments may consist of reductions of amounts of money in the bill and the reductions contained in the prior form of the rule as it applied to number and salary of officers and compensation of persons (sec. 3(a), H. Res. 5, Jan. 3, 2017, p. _; sec. 5, H. Res. 787, Mar. 20, 2018, p. _). Decisions that involved interpretation of the ``Holman Rule'' in its form prior to the 98th Congress, but which do not reflect the form or interpretation of the current standing rule, are found in IV, 3846, 3885-3892; VII, 1484, 1486-1492, 1498, 1500, 1515, 1563, 1564, 1569; June 1, 1892, p. 4920. |
Sec. 1063. Reappropriations. | This provision from section 139(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c)) was made part of the standing rules in the 83d Congress (Jan. 3, 1953, p. 24). Previously, a reappropriation of an unexpended balance for an object authorized by law was in order on a general appropriation bill (IV, 3591, 3592; VII, 1156, 1158). This clause was amended in the 99th Congress by section 228(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177) to permit the Committee on Appropriations to report certain transfers of unexpended balances. Consistent with clause 2 of rule XXI, and as codified in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47), violations of this clause are enforced only against specific provisions in general appropriation bills containing reappropriations rather than against consideration of the bill (see Deschler, ch. 25, Sec. 3). |
Sec. 1063a. Offsetting en bloc amendments. | To invoke the protection of clause 2(f), an amendment must not (1) propose a change other than a transfer of appropriations among objects in the bill, such as increasing the amount of a deferral (June 15, 2000, p. 11064), rescission (Feb. 16, 2011, pp. 2136, 2137), or limitation on obligations from a trust fund (June 26, 2012, p. 10019), or striking sections of the bill (Apr. 29, 2015, p. 5844 (sustained on appeal)); (2) reach back in the reading (Feb. 15, 2011, pp. 1965, 1966); or (3) increase the levels of budget authority or outlays carried in the bill (July 12, 2000, p. 14071; July 13, 2004, pp. 15193, 15194, pp. 15198, 15199; June 6, 2012, p. 8492), and the proponent of an amendment carries the burden of so proving (see Sec. 1044a, supra). An amendment otherwise in order under this paragraph may nevertheless be in violation of clause 2(a)(1) if increasing an appropriation above the authorized amount contained in the bill (Aug. 4, 1999, p. 19513). The Chair will query for points of order against provisions of a bill not yet read when they are addressed by an offsetting amendment under this paragraph (e.g., May 17, 2005, p. 9975). On one occasion, the House adopted an order rendering clause 2(f) unavailable during consideration of a bill in the case of an amendment transferring appropriations among objects falling within more than one suballocation under section 302(b) of the Congressional Budget Act of 1974 (Feb. 15, 2011, p. 1823), and an amendment to such bill proposing such a transfer was ruled out as impermissibly addressing portions of the bill not yet read (Feb. 15, 2011, p. 1971). |
Sec. 1063b. Former spending reduction account. | The 112th through 115th Congresses (sec. 3(j), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(d), H. Res. 5, Jan. 3, 2013, p. 27; sec. 3(d), H. Res. 5, Jan. 6, 2015, p. 35; sec. 3(e). H. Res. 5, Jan. 3, 2017, p. _) established a procedure for reducing an amount or amounts in a general appropriation bill and displaying the reduction in a spending reduction account in the bill. For the history and application of the procedure, as well as the most recent form of the provision, see Sec. 1063b of the House Rules and Manual for the 115th Congress (H. Doc. 114-192). |
Sec. 1064. Highway funding. | 3. It shall not be in order to consider a general appropriation bill or joint resolution, or conference report thereon, that-- |
Sec. 1064a. Funding for aviation programs. | Section 48114 of title 49 (a provision added by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (sec. 106, P.L. 106-181), extended to 2007 by its reenactment in title 49 (sec. 104, P.L. 108-176), and extended to 2015, 2016, 2017, and 2018 (sec. 104, P.L. 112-95; sec. 106, P.L. 114-55; sec. 1106, P.L. 114-190; sec. 116, P.L. 115-254)) provides a point of order to enforce guarantees of total budget resources in a fiscal year for certain aviation investment programs as follows: |
1065. Restriction of power to report appropriations. | 4. A bill or joint resolution carrying an appropriation may not be reported by a committee not having jurisdiction to report appropriations, and an amendment proposing an appropriation shall not be in order during the consideration of a bill or joint resolution reported by a committee not having that jurisdiction. A point of order against an appropriation in such a bill, joint resolution, or amendment thereto may be raised at any time during pendency of that measure for amendment. |
1066. Restriction on bills and amendments carrying taxes or tariffs. | 5. (a)(1) A bill or joint resolution carrying a tax or tariff measure may not be reported by a committee not having jurisdiction to report tax or tariff measures, and an amendment in the House or proposed by the Senate carrying a tax or tariff measure shall not be in order during the consideration of a bill or joint resolution reported by a committee not having that jurisdiction. A point of order against a tax or tariff measure in such a bill, joint resolution, or amendment thereto may be raised at any time during pendency of that measure for amendment. |
Sec. 1067. Former threefifths vote to increase income tax rates. | A former rule requiring a three-fifths vote for the passage or adoption of certain measures or matters carrying a Federal tax increase was repealed in the 116th Congress (sec. 102(dd)(1), H. Res. 6, Jan. 3, 2019, p. _). For its text and history, see Sec. 1067 of the House Rules and Manual for the 115th Congress (H. Doc. 114-192). |
1068. Prohibition against retroactive income tax rate increase. | (b) It shall not be in order to consider a bill, joint resolution, amendment, or conference report carrying a retroactive Federal income tax rate increase. In this paragraph-- |
1068a. Restriction on designation of public works. | 6. It shall not be in order to consider a bill, joint resolution, amendment, or conference report that provides for the designation or redesignation of a |
Sec. 1068b. Former restriction on reconciliation directives. | A former clause restricting the inclusion of reconciliation directives in a concurrent resolution on the budget based on their budgetary impact was repealed in the 117th Congress (sec. 2(v), H. Res. 8, Jan. 4, 2021, p. _). For its text and history, see Sec. 1068b of the House Rules and Manual for the 116th Congress (H. Doc. 115-177). |
Sec. 1068c. Budget Act points of order. | 8. With respect to measures considered pursuant to a special order of business, points of order under title III of the Congressional Budget Act of 1974 shall operate without regard to whether the measure concerned has been reported from committee. Such points of order shall operate with respect to (as the case may be)-- |
Sec. 1068d. Congressional earmarks. | (1) a bill or joint resolution reported by a committee unless the report includes a list of congressional earmarks, limited tax benefits, and limited tariff benefits in the bill or in the report (and the name of any Member, Delegate, or Resident Commissioner who submitted a request to the committee for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits; |
Sec. 1068e. Publication of limited tariff benefits. | The American Manufacturing Competitiveness Act of 2016 (P.L. 114-159) requires the disclosure of a list of limited tariff benefits contained in a miscellaneous tariff bill as follows: |
Sec. 1068j. Availability of unreported measures. | 11. It shall not be in order to consider a bill or joint resolution which has not been reported by a committee until the text of such measure has been available to Members, Delegates, and the Resident Commissioner for 72 hours. |
Sec. 1068k. Consideration of unreported measures. | 12. (a) It shall not be in order to consider a bill or joint resolution pursuant to a special order of business reported by the Committee on Rules that has not been reported by a committee. |
Sec. 1068l. Former comparative print required. | A former clause requiring a comparative print for certain measures was repealed in the 117th Congress (sec. 2(q), H. Res. 8, Jan. 4, 2021, p. _). For its text and history, see Sec. 1068k of the House Rules and Manual for the 116th Congress (H. Doc. 115-177). Prior to the 117th Congress, this clause consisted of a comparative print requirement for certain measures (sec. 2(s), H. Res. 5, Jan. 3, 2017, p. _). |