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RULE XXI: RESTRICTIONS ON CERTAIN BILLS
Reservation of certain 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.
General appropriation bills and amendments
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. (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.
(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 may include those
recommended to the Committee on Appropriations by direction of a legislative
committee having jurisdiction over the subject matter) and except rescissions
of appropriations contained in appropriation Acts.
(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.
(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.
(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.
(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.
Transportation obligation limitations
3. It shall not be in order to consider a bill, joint resolution, amendment,
or conference report that would cause obligation limitations to be below the
level for any fiscal year set forth in section 8003 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users, as adjusted,
for the highway category or the mass transit category, as applicable. For purposes
of this clause, any obligation limitation relating to surface transportation
projects under section 1602 of the Transportation Equity Act for the 21st Century
and section 1702 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users shall be assumed to be administered on the basis
of sound program management practices that are consistent with past practices
of the administering agency permitting States to decide High Priority Project
funding priorities within State program allocations.
Appropriations on legislative bills
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.
Tax and tariff measures and amendments
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.
(2) For purposes of paragraph (1), a tax or tariff measure includes an amendment
proposing a limitation on funds in a general appropriation bill for the administration
of a tax or tariff.
Passage of tax rate increases
(b) A bill or joint resolution, amendment, or conference report carrying
a Federal income tax rate increase may not be considered as passed or agreed
to unless so determined by a vote of not less than three-fifths of the Members
voting, a quorum being present. In this paragraph the term ‘‘Federal
income tax rate increase’’ means any amendment to subsection (a),
(b), (c), (d), or (e) of section 1, or to section 11(b) or 55(b), of the Internal
Revenue Code of 1986, that imposes a new percentage as a rate of tax and thereby
increases the amount of tax imposed by any such section.
Consideration of retroactive tax rate increases
(c) 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—
(1) the term ‘‘Federal income tax
rate increase’’ means any amendment
to subsection (a), (b), (c), (d), or
(e) of section 1, or to section 11(b) or
55(b), of the Internal Revenue Code of
1986, that imposes a new percentage
as a rate of tax and thereby increases
the amount of tax imposed by any
such section; and
(2) a Federal income tax rate increase
is retroactive if it applies to a
period beginning before the enactment
of the provision.
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 public
work in honor of an individual then
serving as a Member, Delegate, Resident
Commissioner, or Senator.
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