[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Special Rules]
[From the U.S. Government Printing Office, www.gpo.gov]
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SPECIAL RULES
Sec. 1. In General
Sec. 2. Reporting Special Rules
Sec. 3. Forms
Sec. 4. Debate on Special Rules; Voting
Sec. 5. Modification of Special Rules
Sec. 6. Types of Special Rules
Research References
4 Hinds Secs. 3152-3265
7 Cannon Secs. 758-845
6 Deschler Ch 21 Secs. 16-19
Manual Secs. 686b, 726, 728, 729, 786, 877a
Sec. 1 . In General
Jurisdiction and Authority
Jurisdiction over the ``order of business'' of the House is given
by standing rule to the Committee on Rules. Rule X clause 1(m). Manual
Sec. 682a. Under this authority, the Rules Committee commonly reports
resolutions--called ``special orders'' or ``special rules''--that
specify the manner in which a particular measure is to be taken up and
the procedures to be followed during its consideration. Such
resolutions, once agreed to by the House, give privilege to the
measure to be considered. Deschler Ch 21 Sec. 16. As noted elsewhere,
measures are often taken up by unanimous consent (see Unanimous-
consent Agreements) or considered under suspension of the rules (see
Suspension of Rules), and certain measures are privileged in their own
right under other rules (see Appropriations; Order of Business; and
Questions of Privilege.
The power of the Rules Committee to report resolutions varying the
order of business or providing a special order is very broad, being
limited only as expressly restricted by the rules of the House. The
only absolute restrictions on that power are those provisions [Rule XI
clause 4(b)] protecting the motion to recommit (see Refer and
Recommit) and the Calendar Wednesday call of committees (see Calendar
Wednesday). The restriction relating to Calendar Wednesday business
preserves the requirement that a two-thirds vote is required to
dispense with business under Rule XXIV clause 7. Rule XVI clause 4
provides that one motion to recommit ``shall be in order'' after the
ordering of the previous question. Manual Sec. 782. This
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motion is considered a fundamental prerogative of the minority.
Special rules which directly prevent the use of this motion are
specifically precluded. Manual Sec. 729a.
In the 104th Congress, a new restriction on the authority of the
Committee on Rules was imposed by Sec. 426 of the Unfunded Mandates
Act. Manual Sec. 1007; 2 USC Sec. 658e(a). Section 426 precludes the
consideration of a special rule waiving points of order under Sec. 425
of the Unfunded Mandates Act. However, this restriction is
``enforced'' by raising the question of consideration against the
rule. The House's attention is thus focused on the waiver, but after
limited debate, the House can decide to consider the waiver and
proceed to adopt the rule.
Because of the wide diversity of their use in the legislative
process, special rules are discussed in the context of many other
procedural articles in this work. See for example Amendments;
Committees of the Whole; Conferences Between the Houses; Consideration
and Debate; Germaneness of Amendments; Order of Business;
Postponement; Senate Bills and Amendments Between the Houses.
Application to Unreported Measure
Special orders are customarily requested from the Rules Committee
by a committee that has reported, or has jurisdiction over, the
measure to be considered. A special rule providing for the
consideration of a bill is not invalidated by the fact that the bill
is not on the calendar (8 Cannon Sec. 2259; 88-2, Aug. 19, 1964, pp
20212, 20213), nor by the fact that the bill has no committee
sponsorship (99-2, Apr. 16, 1986, p 29973). A special rule may make in
order the consideration of a measure not yet reported from a standing
committee (see Deschler Ch 21 Secs. 16.15-16.17) or provide for the
immediate consideration of a conference report when it is eventually
reported from the committee of conference (Deschler Ch 21 Secs. 16,
17). A special rule may even provide for the consideration of a bill
that has not yet been introduced. 8 Cannon Sec. 3388. The Rules
Committee also may report resolutions prescribing certain procedures
to apply during the further consideration of a bill already under
consideration in the House or Committee of the Whole. 8 Cannon
Sec. 2258. Deschler Ch 21 Sec. 16.2. See also Consideration and
Debate.
The Rules Committee has the authority to report a special order
discharging a standing committee even though that committee may have
ordered reported another similar bill on the same subject. See 99-2,
Oct. 16, 1986, p 32190. In one instance, a special order discharged
six committees from an unreported bill similar to one previously
reported. 99-2, May 15, 1986, p 10954.
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Waivers
The Committee on Rules may report resolutions temporarily waiving
or altering a rule of the House that would otherwise prohibit the
consideration of the underlying bill. Statutory provisions enacted in
the exercise of the House's rule-making authority also may be waived
in this manner. 94-1, Mar. 20, 1975, pp 7676-78; 94-1, Mar. 24, 1975,
p 8418. A special-order resolution may waive any rule that might
impede the consideration of a bill or amendment thereto. Points of
order do not lie against the consideration of the special order as it
is for the House to determine, by a majority vote on the adoption of
the resolution, whether certain rules should be waived. Deschler Ch 21
Sec. 16.9. However, a statutory rule may contain language restricting
the authority of the committee to recommend a waiver. For example, the
Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-4) added a new
part B to title IV of the Congressional Budget Act of 1974 that
imposes several requirements on committees with respect to ``Federal
mandates,'' establishes points of order to enforce those requirements,
and precludes the consideration of a rule or order waiving such points
of order in the House. Section 426(a) of the Act establishes a point
of order against consideration of any rule or order that waives the
application of Sec. 425. Manual Sec. 1007. See also Budget Process.
In 1995, the House adopted a rule directing that, to the ``maximum
extent possible,'' special-order resolutions be specific with respect
to any waiver of a point of order against the underlying measure or
against its consideration. Rule XI clause 5(e). Manual Sec. 731a.
Sec. 2 . Reporting Special Rules
Generally; Typography
Reports from the Rules Committee repealing or amending a House
rule must use appropriate typography showing the proposed omissions or
insertions. A Ramseyer-type comparative print (see Committees) is
required under clause 4(d) of Rule XI whenever the Committee on Rules
reports a resolution repealing or amending a rule of the House or part
thereof. Manual Sec. 731. This clause does not apply to resolutions
which merely provide temporary waivers of rules during the
consideration of particular legislative business. 94-1, Mar. 20, 1975,
p 7677; 94-1, Mar. 24, 1975, p 8418.
Privilege and Precedence of Reports
A report from the Committee on Rules enjoys high privilege. 8
Cannon Sec. 2260. It takes precedence over a privileged motion to
discharge a committee (see Deschler Ch 21 Sec. 17.7), and has been
called up before District of
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Columbia business which is privileged on District Day (see Deschler Ch
21 Sec. 17.8). When it has been called up in the House after its one-
day layover, the question of consideration cannot be raised. 8 Cannon
Sec. 2440. After the resolution has been reported and is under debate,
no matter of lesser privilege may interrupt its consideration without
the consent of the House. 91-1, Oct. 29, 1969, pp 32076-83. Only one
motion to adjourn is permitted and dilatory motions are proscribed.
Manual Sec. 729a. Once the resolution is under debate, the House can
postpone further consideration and proceed to other business only by
unanimous consent. Deschler Ch 21 Sec. 18.37. However, the manager of
the resolution can withdraw it from consideration before a decision
has been made thereon. Rule XVI clause 2. Deschler Ch 21 Sec. 18.
Although highly privileged, a report from the Committee on Rules
yields to the presentation of conference reports (5 Hinds Sec. 6449),
and to questions of privilege (8 Cannon Sec. 3491), and is not in
order after the House has voted to go into Committee of the Whole (5
Hinds Sec. 6781).
Reporting to the House; Calling Up
The Rules Committee must present special-order resolutions to the
House within three legislative days of the time when it orders a
report with respect to the underlying measure. Rule XI clause 4(c).
Manual Sec. 730.
Ordinarily, a report from the Committee on Rules reaches the floor
by being called up by a member of that committee who has been so
authorized. But under Rule XI clause 4(c), if the report has been on
the House calendar for seven legislative days without being called up,
any member of the committee may call up the resolution provided he
gives one day's notice of his intention to do so. Manual Sec. 730.
This rule may be invoked by a minority member of the committee. 96-1,
Nov. 13, 1979, p 32185; 96-2, Sept. 25, 1980, p 27417.
In the event an adverse report is made by the Committee on Rules
on an order-of-business resolution, any Member of the House may call
up the report and move the adoption of the resolution on days when
motions to discharge committees are in order. Manual Sec. 730. See
Discharging Measures From Committees.
Same-day Consideration
While it is always in order to call up for consideration a
resolution reported from the Committee on Rules relating to the order
of business, it may not be considered on the same legislative day
reported unless so determined by a vote of not less than two-thirds of
the Members voting (Manual Sec. 729a), a quorum being present. 94-1,
July 30, 1975, p 25826; 94-1, Nov.
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14, 1975, p 36638. If consideration is ordered by a two-thirds vote, a
point of order that the resolution has not been printed does not lie.
95-1, Feb. 2, 1977, p 3344. The requirement that two-thirds of Members
voting must agree to same-day consideration does not apply to
resolutions called up during the last three days of a session. 91-2,
Dec. 31, 1970, p 44292. The two-thirds vote requirement may be waived
by adoption of a resolution reported from the Rules Committee (93-2,
Dec. 19, 1974, p 41571) or by House adoption of a resolution offered
under suspension of the rules (93-2, Dec. 16, 1974, p 40170).
Exceptions to the two-thirds vote requirement for same-day
consideration of Rules Committee reports are found in Rule XI clause
2(l)(6) (Manual Sec. 715) and in Rule XXVIII clause 2 (Manual
Secs. 912a, 912b). If the only effect of a rule is to waive the three-
day layover requirement of a particular reported bill or the three-day
layover and two-hour availability requirement of a conference report
and amendments in disagreement, such a reported rule may be considered
on the same day the report is filed without a two-thirds vote. See 98-
2, Aug. 10, 1984, p 23978.
Sec. 3 . Forms
Filing a Rule
Member: Mr. Speaker, by direction of the Committee on Rules, I
present a privileged report for printing under the Rule.
The Speaker: The Clerk will report the title of the resolution.
[After Clerk reports title.] The report is referred to the House
Calendar and is ordered to be printed.
Calling Up a Rule
Member: Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution ____ and ask for its immediate
consideration.
The Speaker: The Clerk will report the resolution. [After the
resolution is read in full.] The gentleman from ____ is recognized
for one hour.
Calling Up Rule on Same Day It Is Filed
Member: Mr. Speaker, by direction of the Committee on Rules, I
present a privileged report for printing under the Rule.
The Speaker: The Clerk will report the title of the resolution.
[After Clerk reports title.] The report is referred to the House
Calendar and is ordered to be printed.
The Speaker: The question is, will the House consider the
resolution. [If two-thirds of those voting, a quorum being present,
vote in the affirmative.] The House has voted to consider the
resolution and the gentleman from __________ is recognized for one
hour.
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Sec. 4 . Debate on Special Rules; Voting
Special-order resolutions reported from the Committee on Rules are
considered in the House, as distinguished from the Committee of the
Whole. They are debatable under the hour rule (Manual Sec. 758), and
require a majority vote for adoption (4 Hinds Sec. 3169). The
resolution is not subject to division (Rule XVI clause 6; Manual
Sec. 791). The two-thirds vote needed for same-day consideration does
not alter the requirement that a simple majority actually adopt the
resolution. Deschler Ch 21 Sec. 18. See also Voting.
A Member recognized to call up an order-of-business resolution by
direction of the Committee on Rules controls one hour of debate
thereon and may offer one or more amendments thereto (95-1, July 29,
1977, p 25653), and authorization of the committee is not required
should the proponent exercise his right to amend. 101-2, Sept. 25,
1990, p ____. Other Members may be recognized only if yielded time.
90-2, Oct. 8, 1968, pp 30217, 30222-24. It is customary for the Member
calling up the resolution to yield 30 minutes of the hour to a
minority member of the Committee on Rules for purposes of debate only.
The minority member is permitted to yield his time in segments to
other Members. The resolution is not subject to amendment from the
floor unless the Member in charge yields for that purpose or unless
the House fails to order the previous question. 94-2, Feb. 26, 1976,
pp 4625, 4626; 98-2, Feb. 22, 1984, p 2965; 99-2, Sept. 24, 1986, p
25889. Debate is not limited to the specifications of the resolution
but may go to the merits of the underlying bill, since the issue is
whether the bill should be considered under the terms specified or
considered at all. 96-1, July 25, 1979, p 20609.
In the event that the previous question is rejected, the Member
who has led the opposition will be recognized by the Chair for one
hour. The Member recognized may yield such time as he desires, may
offer a germane amendment to the resolution, and may move the previous
question on the amendment and the resolution. Deschler Ch 21 Sec. 18.
Following the rejection of the previous question on a rule, the
strictures against dilatory motions in Rule XI clause 4(b) no longer
apply; motions to table or refer may be offered following the
rejection of the previous question. Manual Sec. 729b.
The Speaker has the authority to postpone for up to two
legislative days a record vote on ordering the previous question or on
the adoption of a rule. See Rule I clause 5(b), Manual Sec. 631. See
Voting.
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Sec. 5 . Modification of Special Rules
By Resolution
The Committee on Rules may report a privileged resolution
modifying the operation or effect of a previous special order reported
by that committee and adopted by the House. 96-2, Apr. 30, 1980, p
9467. Such a resolution may provide additional procedures to govern
the further consideration of a measure already pending in Committee of
the Whole, and may include limitations on further debate or
amendments. 98-1, May 4, 1983, p 11036.
By Unanimous Consent
A special rule reported from the Committee on Rules while pending
before the House may be modified by unanimous consent. 96-1, Sept. 28,
1979, p 26834; 98-1, July 14, 1983, p 19140. By unanimous consent the
House has altered the terms of an adopted special order to make an
additional amendment in order in the Committee of the Whole (100-2,
Aug. 11, 1988, p 22105), or to change the specified order or sequence
of amendments in Committee (101-2, Oct. 3, 1990, p ____).
A unanimous-consent request to modify the terms established by a
special order should be made in the House even if the special order
provides for the consideration of a measure in the Committee of the
Whole. An appropriate time to request unanimous consent to modify the
terms of such a special order is after its adoption by the House and
prior to consideration of the underlying measure in the Committee. 99-
2, Sept. 24, 1986, p 25889.
Once consideration of the underlying measure has begun in the
Committee of the Whole, the Committee has no authority to
significantly change the applicable special rule. Manual Sec. 877a.
Unanimous-consent requests may be entertained in the Committee if
their effect is to allow a minor or incidental change from the
procedure required by the special rule. 93-2, Mar. 26, 1974, p 8239.
But where a unanimous-consent request proposes to directly alter the
basic structure of the rule, the Chair should refuse to entertain the
request. See 93-1, Dec. 12, 1973, p 41153. For example, the Chair has
refused to entertain unanimous-consent requests:
To permit a substitute to be read by sections for amendment
where the special rule did not so provide. 93-1, Dec. 12, 1973,
p 41153.
To extend the time limitation for consideration of amendments
beyond that set by a special order, which required the question
to be put after a specified number of hours. 102-1, Oct. 30,
1991, p ____.
To modify the terms of a special order permitting
consideration of certain amendments only en bloc. 99-2, Sept.
11, 1986, p 22871.
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To change the control of time for general debate by certain
Members as allocated by special rule. 99-2, Oct. 9, 1986, p
29984.
To permit consideration of an amendment out of the order
specified in a special rule. 100-2, May 25, 1988, p 12275; 102-
1, Oct. 31, 1991, p ____.
The Committee of the Whole sometimes rises to permit a unanimous-
consent request in the House that changes the mandate of a special
order. 99-2, Sept. 11, 1986, p 22871.
Unanimous-consent requests have been entertained in Committee of
the Whole:
To permit the modification of a designated amendment made in
order by a special rule. 94-2, Sept. 1, 1976, p 28877.
To permit a supporter of an amendment to claim debate time
allocated by special order to an opponent, where no opponent
seeks recognition. 101-2, May 23, 1990, p ____.
To shorten the time set by special order for debate on a
particular amendment. 101-2, Aug. 1, 1990, p ____.
To lengthen the 10 minutes of controlled debate time set by
special rule for debate on an amendment by an additional 10
minutes. 102-1, May 21, 1991, p ____.
In addition, the House may, by unanimous consent, delegate to the
Committee of the Whole authority to entertain unanimous-consent
requests to change procedures contained in an adopted House special
order. 99-2, Aug. 11, 1986, p 20633.
Recognition to offer a unanimous-consent request, see Unanimous-
consent Agreements.
Sec. 6 . Types of Special Rules
In recent Congresses, special orders of business have provided for
the consideration of amendments in a variety of ways, from ``open''
rules (which are silent on the amendment structure) to ``closed''
(which deny all amendments). In between these two extremes, special
orders have:
Specified consideration that is open in part and restricted in
part.
Permitted only specified amendments.
Required amendments to be printed.
Specified that certain amendments be ``considered as
adopted.''
Authorized the floor manager to offer en bloc amendments
consisting of the text of other amendments made in order.
Left the amendment process open but only within a certain time
frame.
One procedure involving the consideration of amendments is called
``King of the Hill.'' While regular order does not permit further
amendments to a
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text once it has been amended in its entirety, a ``King of the Hill''
rule permits several substitute amendments to be voted on, with the
last one adopted the one to be finally voted on in the House. More
recently the Committee on Rules has reported a special order of
business providing for a variation of that procedure. This procedure
permits consideration of conflicting amendments in a series with the
one winning the most votes being finally voted on in the House.
Reports of special orders of business often make in order as
original text something other than the text of the introduced measure.
For example, the base text may be specified to be:
A substitute reported by the committee of jurisdiction (the
most common text made in order).
The text of another introduced bill or a specified preprinted
amendment.
An amendment first adopted in the Committee of the Whole (104-
1, Aug. 2, 1995, p ____).
Original text as modified by amendments ``self-executed''
(i.e., considered adopted) upon the adoption of the special
order or of the amendments in the Committee of the Whole (104-
1, Apr. 15, 1995, p ____).
Special orders of business often relate to the consideration of
conference reports and amendments between the Houses. For example a
rule may:
Permit a motion to ``hook-up'' a House-passed measure with a
similar Senate-passed measure and permit a motion to go to
conference.
Waive points of order, thus permitting consideration of a
conference report which would otherwise be vulnerable to a
point of order.
Provide for a motion to dispose of Senate amendments to a
House bill (104-1, Dec. 13, 1995, p ____).
Permit a third-degree amendment to be offered to a Senate
amendment.
Allow conferees to refile a conference report in a corrected
form without a new meeting or new signatures (104-1, Nov. 17,
1995, p ____).
The Committee on Rules may report resolutions which provide
special procedures to expedite consideration or accomplish specific
results. For example, they may:
Permit the Chairman of the Committee of the Whole to postpone
and cluster requests for recorded votes on amendments offered
in the Committee of the Whole.
Give priority of recognition for the offering of amendments to
Members who preprinted their amendments in the Congressional
Record.
Adopt a concurrent resolution correcting an enrollment (104-1,
June 29, 1995, p ____).
Link two measures separately considered into one engrossment
(102-1, Oct. 16, 1991, p ____).
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Prior to the adoption of the rules, a special order of business
has been offered at the direction of the majority party conference to
provide for consideration in the House of a resolution to adopt the
rules of a new Congress (104-1, Jan. 4, 1995, p ____).