[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 517-525]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                               Rule XIII.


                  CALENDARS AND REPORTS OF COMMITTEES.

Sec. 742. Calendar for reports of committees. 1. There shall be three calendars to which all business reported from committees shall be referred, viz.:
First. A Calendar of the Committee of the Whole House on the state of the Union, to which shall be referred bills raising revenue, general appropriation bills, and bills of a public character directly or indirectly appropriating money or property. [[Page 518]] Second. A House Calendar, to which shall be referred all bills of a public character not raising revenue nor directly or indirectly appropriating money or property. Third. A Calendar of the Committee of the Whole House, to which shall be referred all bills of a private character. This clause was adopted in 1880 and amended in 1911 (VI, 742); but as early as 1820 a rule was adopted creating calendars for the Committees of the Whole. Bills not requiring consideration in Committee of the Whole were considered when reported, but in 1880 the House Calendar was created to remedy the delays in making reports caused by such consideration (IV, 3115). Reference of bills to calendars is governed by text of bills as referred to committees and amendments reported by committees are not considered (VIII, 2392). A motion to correct an error in referring a bill to the proper calendar presents a question of privilege (III, 2614, 2615); but a mere clerical error in the calendar does not give rise to such question (III, 2616). A bill improperly reported is not entitled to a place on the calendar (IV, 3117). A bill on the wrong calendar may be transferred to the proper calendar as of date of original reference by direction of the Speaker (VI, 744- 748; VII, 859, 2406; Dec. 7, 1950, p. 16307; Apr. 26, 1984, p. 10242; Sept. 10, 1990, p. ----). But the Speaker has no authority to change calendar reference made by the House (VI, 749; VII, 859). Reports from the Court of Claims do not remain on the calendar from Congress to Congress, even when a law seems so to provide (IV, 3298-3302). In determining whether a bill should be placed on the House or Union Calendar, clause 3 of rule XXIII should be consulted. The Speaker may correct the erroneous referral of a bill as private by referring it to the appropriate (Union) calendar as a public bill when reported (June 1, 1988, p. 13184). Although the Speaker has no general authority to remove a reported bill from the Union Calendar (other than to correct the erroneous reference of a reported bill between Calendars), he may discharge a bill therefrom for reference to another committee when required (1) by section 401(b) of the Congressional Budget Act of 1974, mandating 15-day referral to the Committee on Appropriations of reported bills providing new entitlement authority in excess of that allocated to the reporting committee in connection with the most recently agreed to concurrent resolution on the budget (Speaker O'Neill, Sept. 8, 1977, p. 28153), or (2) by clause 5 of rule X, authorizing and directing the Speaker to assure that each committee has responsibility to consider legislation within its jurisdiction by fashioning sequential referrals where appropriate (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p. 14741). [[Page 519]] for printing and reference to the proper calendar under the direction of the Speaker, in accordance with the foregoing clause, and the titles or subject thereof shall be entered on the Journal and printed in the Record: Provided, That bills reported <> adversely shall be laid on the table, unless the committee reporting a bill, at the time, or any Member within three days thereafter, shall request its reference to the calendar, when it shall be referred, as provided in clause 1 of this rule.
Sec. 743. Nonprivileged reports filed with the Clerk. 2. All reports of committees, except as provided in clause 4(a) of rule XI, together with the views of the minority, shall be delivered to the Clerk
A technical amendment changing the reference herein to clause 4(a) of rule XI (relating to privileged reports), was effected by the 93d Congress (H. Res. 988, Oct. 8, 1974, p. 34470). A resolution of inquiry is referred to the House Calendar even when reported adversely (VI, 411). Under the provisions of clause 2(l)(6) of rule XI, a measure or matter may not be called up for consideration until the third calendar day (excluding Saturdays, Sundays, and legal holidays) on which the report thereon has been available to the Members of the House. Clause 7 of rule XXI places a similar restriction on the consideration of general appropriation bills and adds the requirement that printed hearings on those bills must be available for the same time period. Expense resolutions reported from the Committee on House Oversight have a one- day layover under clause 5(a) of rule XI; and reports from the Committee on Rules may be called up when filed subject to the two-thirds vote requirement of clause 4(b) of rule XI, except that under clause 2(l)(6) of rule XI reports from the Committee on Rules merely waiving the three day availability requirement may be immediately considered and do not require a two-thirds vote. Unless filed with the report, minority, supplemental or additional views may be presented only with the consent of the House (IV, 4600; VIII, 2231, 2248). See clause 2(l)(5) of rule XI for the procedure by which such views may be filed as part of the committee report. [[Page 520]] A supplemental report to correct a technical error in a committee report may be filed without the consent of the House (clause 2(l)(5) of rule XI). It has been held that the fact that a report was not printed by the Public Printer as originally made to the House does not prevent the consideration of the matter reported (VIII, 2307). A committee may not file its report on a bill after the House has passed the bill (Sept. 30, 1985, p. 25270).
Sec. 745. ``Ramseyer Rule.'' 3. Whenever a committee reports a bill or a joint resolution repealing or amending any statute or part thereof it shall include in its report or in an accompanying document--
(1) The text of the statute or part thereof which is proposed to be repealed; and (2) A comparative print of that part of the bill or joint resolution making the amendment and of the statute or part thereof proposed to be amended, showing by stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions proposed to be made: Provided, however, That if a committee reports such a bill or joint resolution with amendments or an amendment in the nature of a substitute for the entire bill, such report shall include a comparative print showing any changes in existing law proposed by the amendments or substitute instead of as in the bill as introduced. The first part of this paragraph was adopted January 28, 1929 (VIII, 2234), was redesignated as subsection (3) January 3, 1953 (p. 24), and the proviso was added September 22, 1961 (p. 20823). [[Page 521]] them (VIII, 2237, 2245, 2250). A bill having been recommitted for failure to conform to the rule, further proceedings are de novo and the bill must again be considered and reported by the committee as if no previous report had been made (VIII, 2249). Special orders providing for consideration of bills, unless specifically waiving points of order, do not preclude the point of order that reports on such bills fail to indicate proposed changes in existing law (VIII, 2245). The rule applies to appropriation bills where such bills include legislative provisions (VIII, 2241) and reports on appropriation bills are also subject to the requirements of clause 3 of rule XXI, requiring a concise statement of the effect of any direct or indirect changes in the application of existing law. In order to fall within the purview of the rule the bill must seek to repeal or amend specifically an existing law (VIII, 2235, 2239, 2240). Where the comparative print contained certain errors in punctuation and capitalization and utilized abbreviations not appearing in existing provisions of law, the Speaker held that the committee report was in substantial compliance with the rule and overruled a point of order against the report (July 25, 1966, p. 16842; July 30, 1968, pp. 24252-54). The point of order that a report fails to comply with the rule is properly made when the bill is called up in the House and comes too late after the House has resolved into the Committee of the Whole for its consideration (VIII, 2243-2245). Failure of a committee report to comply with the rule may be remedied by a supplemental report (VIII, 2247); and while the filing of such a corrective report formerly required the consent of the House (VIII, 2248), it may now be filed with the Clerk pursuant to clause 2(l)(5) of rule XI. Although a bill proposes but one minor and obvious change in existing law, the failure of the report to indicate the change is in violation of the rule (VIII, 2236). The statute proposed to be amended must be quoted in the report and it is not sufficient that it is incorporated in the bill (VIII, 2238). Under the rule the committee report on a bill amending existing law by the addition of a proviso should quote in full the section immediately preceding the proposed amendment (VIII, 2237). Bills held to be in violation of the rule are automatically recommitted to the respective committees reporting
Sec. 745a. Corrections Calendar. 4. (a) After a bill has been favorably reported and placed on either the Union or House Calendar, the Speaker may, after consultation with the Minority Leader, file with the Clerk a notice requesting that such bill also be placed upon a special calendar to be known as the ``Corrections Calendar''. On the second and fourth Tuesdays of each month, after the Pledge of Allegiance, the Speaker may direct the Clerk to call the bills in numerical order which have been on the Corrections Calendar for three legislative days.
[[Page 522]] ommended by the primary committee of jurisdiction or those offered by the chairman of the primary committee, and the previous question shall be considered as ordered on the bill and any amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions. (b) A bill so called shall be considered in the House, debatable for one hour equally divided and controlled by the chairman and ranking minority member of the primary committee of jurisdiction reporting the bill, shall not be subject to amendment except those amendments rec (c) A three-fifths vote of the members voting shall be required to pass any bill called from the Corrections Calendar but the rejection of any such bill, or the sustaining of any point of order against it or its consideration, shall not cause it to be removed from the Calendar to which it was originally referred.
Sec. 746. Former Consent Calendar. This clause was amended in the 104th Congress to abolish the Consent Calendar and establish in its place a Corrections Calendar (H. Res. 168, June 20, 1995, p. ----). The original clause, providing for the former Consent Calendar, was adopted March 15, 1909, amended January 18, 1924; December 7, 1925; December 8, 1931; and April 23, 1932 (VII, 972). Bills must have been on the printed calendar three legislative working days in order to be eligible for consideration (VII, 992, 994). When a House bill was on the Consent Calendar, by unanimous consent the House committee could have been discharged from the consideration of a Senate bill on the same subject, and the Senate bill considered in lieu of the House bill (VII, 1004). The status of bills on the Consent Calendar was not affected by their consideration from another calendar and such bills could have been called up for consideration from the Consent Calendar while pending as unfinished business in the House or Committee of the Whole (VII, 1006).
[[Page 523]] report before directing the call of the Consent Calendar (May 4, 1970, pp. 13991-95). The former rule did not preclude the Speaker from recognizing Members to suspend the rules before completion of the Consent Calendar (decided by House, VIII, 3405; also held by Speaker Clark, Oct. 5, 1914, p. 16182, and by Speaker Gillett, Sept. 4, 1919, p. 5128). Recognition to suspend the rules did not preclude the continuation of the call of the calendar later in the day (VII, 991). The call of the Consent Calendar on days devoted to its consideration took precedence of the motion to go into the Committee of the Whole to consider revenue or appropriation bills (VII, 986), and a contested-election case could not supplant the call of the Calendar (VII, 988), but the Speaker could recognize a Member to call up a conference
Sec. 747. Motion to discharge. 5. There shall also be a Calendar of Motions to Discharge Committees, as provided in clause 3 of rule XXVII.
<> 6. Calendars shall be printed daily. The discharge rule was redesignated as clause 3 of rule XXVII in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. ----). A conforming change in this clause was adopted in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. ----). This clause was adopted in the 62d Congress, April 5, 1911 (VI, 743), and amended December 8, 1931, pp. 10, 83.
Sec. 748b. Estimate of cost. 7. (a) The report accompanying each bill or joint resolution of a public character reported by any committee shall contain--
(1) an estimate, made by such committee, of the costs which would be incurred in carrying out such bill or joint resolution in the fiscal year in which it is reported and in each of the five fiscal years following such fiscal year (or for the authorized duration of any program authorized by such bill or joint resolution, if less than five years); (2) a comparison of the estimate of costs described in subparagraph (1) of this paragraph made by such committee with any estimate of such costs made by any Government agency and submitted to such committee; and [[Page 524]] (3) when practicable, a comparison of the total estimated funding level for the relevant program (or programs) with the appropriate levels under current law. (b) It shall not be in order to consider any such bill or joint resolution in the House if the report of the committee which reported that bill or joint resolution does not comply with paragraph (a) of this clause. (c) For the purposes of subparagraph (2) of paragraph (a) of this clause, a Government agency includes any department, agency, establishment, wholly owned Government corporation, or instrumentality of the Federal Government or the government of the District of Columbia. (d) The preceding provisions of this clause do not apply to the Committee on Appropriations, the Committee on House Oversight, the Committee on Rules, and the Committee on Standards of Official Conduct, and do not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 403 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and included in the report pursuant to clause 2(l)(3)(C) of rule XI. [[Page 525]] the new name of the Committee on House Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. ----). This clause was adopted in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144) as part of the implementation of section 252(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to remove references to the Joint Committee on Atomic Energy. Paragraph (d) was amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to render committee cost estimates optional where an estimate by the Congressional Budget Office is included in the report. Paragraph (a) was amended by the Budget Enforcement Act of 1990 (P.L. 101-508, Nov. 5, 1990) to require 5-year estimates of revenue changes in legislative reports. In the 104th Congress paragraph (a) was amended to require estimates of new budget authority, when practicable, to compare the total estimated funding for the program to the appropriate level under current law (sec. 102(b), H. Res. 6, Jan. 4, 1995, p. ----). At the same time paragraph (d) was amended to reflect
Sec. 748c. Unfunded mandates. The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that, effective on January 1, 1996, or 90 days after appropriations are made available to the Congressional Budget Office pursuant to the 1995 Act (whichever is earlier), imposes several requirements on the Director of the Congressional Budget Office and on committees of the House with respect to measures effecting ``Federal mandates'' (secs. 423-424; 2 U.S.C. 659b-c) and establishes points of order to enforce those requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1007, infra, and Sec. 713h, supra.