On the recordJune 5, 2013
I make a point of order against section 563 of this bill. The section violates clause 2 of rule XXI, which prohibits legislative language in a general appropriations bill. The Acting CHAIR. Does any Member wish to be heard on the gentleman's point of order? The Chair is prepared to rule. The gentleman from Virginia makes a point of order that section 563 proposes to change existing law in violation of clause 2(b) of rule XXI. As recorded in Deschler's Precedents, volume 8, chapter 26, section 52, even though a limitation might refrain from explicitly assigning new duties to officers of the government, if it implicitly requires them to 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 of rule XXI. The proponent of a provision assumes the burden of establishing that any duties imposed by the provision are already required by law. The limitation proposed in section 563 declines to fund specified classification petitions filed by, or for, citizens or nationals of Brazil. In the opinion of the Chair, current law does not require the Department of Homeland Security to determine the citizenship or nationality of persons for whom classification petitions are filed. Compliance with section 563 would require the relevant Federal officials receiving funds in this act to make determinations regarding nationality or citizenship of certain persons.…





