On the recordJuly 7, 2011
Just to quickly point out that is a pretty bread-and-butter, vanilla restriction on funding, as I understand one of the objections is that this would change the duties of contracting officers who now don't apply the Buy America law. In fact, normal course of training requirements for contracting specialists already educate those specialists in how to apply the Buy America law whether or not they currently do it today. I do believe for that reason that the amendment is germane. The Acting CHAIR. Does any other Member wish to speak on the point of order? If not, the Chair is prepared to rule. The gentleman from Florida makes a point of order that the amendment offered by the gentleman from Connecticut proposes to change existing law, in violation of clause 2(c) of rule XXI. As recorded in Deschler's Precedents, volume 8, chapter 26, section 52, even though a limitation or exception therefrom might refrain from explicitly assigning new duties to officers of the government, if it implicitly requires them to make investigations, compile evidence, or make judgments and determinations not otherwise required of them by law, then it assumes the character of legislation and is subject to a point of order under clause 2(c) of rule XXI. The proponent of a limitation assumes the burden of establishing that any duties imposed by the provision either are merely ministerial or are already required by law.…
Source
govinfo.gov




