I desire to be heard on the point of order against the amendment for failure to comply with the provisions of clause 2(b) or rule XXI. The rule prohibits amendments to appropriations bills which are legislative in character. The pending amendment seeks to prohibit the Commerce Department from counting illegal aliens in connection with the decennial census. Deschlers Procedure (section 11.2. chapter 25). discussing a 1971 ruling by the Chair. describes the general principle. "It is not in order to make the availability of funds in a general appropriation bill contingent upon a substantive determination by an executive official which he is not otherwise required by law to make." It is an ancient principle of parliamentary law in the House. and consistent precedents go back at least as far as the last century. I would cite the ruling (IV Hinds 3848) of January 12. Clearly the pending amendment imposes new duties. not contemplated in law. on certain officers of Government. by requiring that the Census Bureau make certain determinations about the immigration status of persons being counted. The amendment is relatively cautious in that it bars "knowingly" counting illegal aliens. However. the Census Bureau is required by law and by the Constitution to count the whole number of persons. Therefore. an amendment to an appropriation bill. requiring the omission from counting of persons required by the statute to be counted. is a change in existing law. and the amendment is improper under the rule.
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immigration illegal aliens