school administrator because the Equal Educational Opportunity Act of 1974 (P.L. 93-380
already required that the school administrator make such a determination regarding the existence
s homes. The committee chair also provided
evidence that the Equal Educational Opportunity Act required that the school administrator make
determinations regarding the appropriate grade level and type of education for each student. The
presiding officer subsequently overruled the point of order.
In the face of a point of order, the proponent of a limitation may also be called upon to provide
evidence that the provision does not interfere with discretion guaranteed under existing law to the
official or agency. The below House amendment to the FY1921 Agriculture appropriations bill
was challenged on the grounds that it would impermissibly narrow the discretion of the Secretary
Provided further, That no part of any appropriation in this act for the Forest Service shall be
expended on any national forest in which the fees charged for grazing shall be at a rate less
than 300 per cent of the existing rate.
In this case, the point of order against the provision was sustained based on evidence provided by
discretion to make rules and regulations for the preservation of the forests and to set the amount
of user fees to be assessed.
If the chair sustains a point of order against an amendment as being legislative in nature, a
member may be able to offer a new (redrafted) amendment that is compliant with House rules, if
not prevented by a special rule or unanimous consent agreement. An additional option, in some
amendment during debate.
so that it would conform to House rules.
In the Senate, paragraph 6 of Rule XVI mandates that points of order against restrictions on the
This creates a procedural context similar to that of the House, where the presiding
officer is constrained to uphold a point of order against a limitation in the absence of evidence
See, for example, Senate debate, Congressional Record, vol. 116, part 15 (June 22, 1970), pp. 20813-20815, as cited
s Senate Procedure, p. 182.
Action includes a disposition on the amendment, an amendment to the amendment successfully being agreed to, the
ordering of the yeas and nays on the amendment, and entering into a unanimous consent agreement for a vote on the
s Senate Procedure, pp. 65, 186.