[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
[108th Congress]
[House Document 107-284]
[Rules of the House of Representatives]
[Pages 602-636]
[From the U.S. Government Printing Office, www.gpo.gov]


 
                                Rule XIII


Calendars
                     calendars and committee reports



828. Calendar for reports of committees.

  1. (a)  All 
business reported by committees shall be referred to one of the 
following three calendars:


      (1) A Calendar of the Committee of the Whole House on the state of 
the Union, to which shall be referred public bills and public 
resolutions raising revenue, involving a tax or charge on the people, 
directly or indirectly making appropriations of money or property or 
requiring such appropriations to be made, authorizing payments out of 
appropriations already made, releasing any liability to the United 
States for money or property, or referring a claim to the Court of 
Claims.


[[Page 603]]

not requiring referral to the Calendar of the Committee of the Whole 
House on the state of the Union.
      (2) A House Calendar, to which shall be referred all public bills 
and public resolutions


      (3) A Private Calendar as provided in clause 5 of rule XV, to 
which shall be referred all private bills and private resolutions.

  This provision 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. Clerical and stylistic changes were effected 
when the House recodified its rules in the 106th Congress (H. Res. 5, 
Jan. 6, 1999, p. ----), including a change in subparagraph (3) from the 
``Calendar of the Committee of the Whole House'' to the ``Private 
Calendar.'' 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. 23677). 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 XVIII 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).


[[Page 604]]

within its jurisdiction by fashioning sequential referrals where 
appropriate (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p. 
14741).

  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, permitting 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 2 of rule XII (former clause 5 of rule X), 
authorizing and directing the Speaker to assure that each committee has 
responsibility to consider legislation



Sec. 829. Corrections Calendar.

  (b) There  is established a 
Corrections Calendar as provided in clause 6 of rule XV.





Sec. 830. Motion to discharge.

  (c)  There is established a 
Calendar of Motions to Discharge Committees as provided in clause 2 of 
rule XV.



Filing and printing of reports
  Paragraph (b) was added when the House recodified its rules in the 
106th Congress to provide a cross reference to the ``Corrections 
Calendar'' in rule XV (H. Res. 5, Jan. 6, 1999, p. ----). Before the 
House recodified its rules in the 106th Congress, paragraph (c) was 
found in former clause 5 of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----
).



831. Nonprivileged reports filed with the 
Clerk.

  2. (a)(1)  Except as provided in subparagraph (2), all reports of 
committees (other than those filed from the floor as privileged) shall 
be delivered to the Clerk for printing and reference to the proper 
calendar under the direction of the Speaker in accordance with clause 1. 
The title or subject of each report shall be entered on the Journal and 
printed in the Congressional Record.





Sec. 832. Adverse reports.

  (2)  A bill or resolution reported 
adversely shall be laid on the table unless a committee to which the 
bill or resolution was referred requests at the time of the report its 
referral to an appropriate calendar under clause 1 or unless, within 
three days thereafter, a Member, Delegate, or Resident Commissioner 
makes such a request.



[[Page 605]]

  A technical amendment was effected by the 93d Congress (H. Res. 988, 
Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected 
when the House recodified its rules in the 106th Congress (H. Res. 5, 
Jan. 6, 1999, p. ----).

  A resolution of inquiry is referred to the House Calendar even when 
reported adversely (VI, 411).



Sec. 833. Requirement that reports of committees be in 
writing and be printed.

  When  the House codified its rules in the 106th 
Congress, it deleted the portion of clause 2 of rule XVIII that required 
the printing of reports. That provision was redundant because this 
provision carries the same requirement (H. Res. 5, Jan. 6, 1999, p. ----
). Former clause 2 of rule XVIII was adopted in 1880 (V, 5647).


  The House insists on its requirement that all reports must be in 
writing (IV, 4655) and does not receive verbal reports as to bills (IV, 
4654). But the sufficiency of a report is passed on by the House and not 
by the Speaker (II, 1339; IV, 4653). A report is not necessarily signed 
by all those concurring (II, 1274) or even by any of those concurring, 
but minority, supplemental, and additional views are signed by those 
submitting them (IV, 4671; VIII, 2229; see clause 2(l)(5) of rule XI). 
Under this rule, the printing requirement is not a condition precedent 
to consideration of the matter reported (VIII, 2307-2309), but see 
clause 4(c) of rule XIII, which states that no general appropriation 
bill shall be considered until printed hearings and report thereon have 
been available for three calendar days, and clause 2 of rule XIII, 
pertaining to the consideration of matters reported by committees, and 
clause 8 of rule XXII, pertaining to the requirement that conference 
reports and amendments reported in disagreement from conference be 
available before consideration.

  Under clause 4(a) of rule XIII, 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, and printed hearings on 
appropriation bills must be available for the same time period. Expense 
resolutions reported from the Committee on House Administration have a 
one-day layover under clause 6 of rule X; and reports from the Committee 
on Rules may be called up on the same legislative day filed subject to 
the two-thirds vote for consideration requirement of clause 6 of rule 
XIII, except that 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 for consideration. A supplemental report 
to correct a technical error in a committee report may be filed without 
the consent of the House (clause 3(a)(2) of rule XIII) and are not 
subject to the availability requirement when only correcting errors in 
the depiction of record votes (see Sec. 838, infra).

  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(c) of rule XIII for the procedure by 
which such views may be filed as part of the committee report.


[[Page 606]]

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).

  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



Sec. 834. Chairman's duty.

  (b)(1)  It shall be the duty of 
the chairman of each committee to report or cause to be reported 
promptly to the House a measure or matter approved by the committee and 
to take or cause to be taken steps necessary to bring the measure or 
matter to a vote.





Sec. 835. Filing by majority of committee.

  (2)  In any event, 
the report of a committee on a measure that has been approved by the 
committee shall be filed within seven calendar days (exclusive of days 
on which the House is not in session) after the day on which a written 
request for the filing of the report, signed by a majority of the 
members of the committee, has been filed with the clerk of the 
committee. The clerk of the committee shall immediately notify the 
chairman of the filing of such a request. This subparagraph does not 
apply to a report of the Committee on Rules with respect to a rule, 
joint rule, or order of business of the House, or to the reporting of a 
resolution of inquiry addressed to the head of an executive department.



[[Page 607]]

Act of 1974 (88 Stat. 313), requiring the Committee on Appropriations to 
strive to complete committee action on all regular appropriation bills 
before reporting any of them to the House, and to submit a report 
comparing specified spending levels, but was repealed by section 232(e) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 
99-177). An obsolete reference in former subdivision (B) to the former 
subdivision (C) was deleted in the 104th Congress (sec. 223(f), H. Res. 
6, Jan. 4, 1995, p. 469). Before the House recodified its rules in the 
106th Congress, this provision was found in former clause 2(l)(1) of 
rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
  Subparagraph (1) (former clause 2(l)(1)(A) of rule XI) is derived from 
section 133(c) of the Legislative Reorganization Act of 1946 (60 Stat. 
812) and was made a part of the standing rules on January 3, 1953 (p. 
24). It is sufficient authority for the chairman to call up a bill on 
Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2162). 
Subparagraph (2) (former clause 2(l)(1)(B) of rule XI) is derived from 
section 105 of the Legislative Reorganization Act of 1970 (84 Stat. 
1140) and was made part of the rules in the 92d Congress (H. Res. 5, 
Jan. 22, 1971, p. 144). Former clause 2(l)(1)(C) of rule XI was added by 
the Committee Reform Amendments of 1974, effective January 3, 1975 (H. 
Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to incorporate section 307 
of the Congressional Budget


  Absent a special order of the House, committee reports must be 
submitted while the House is in session, except for committees that 
honor the guarantee of clause 2(c) of rule XIII for composing separate 
views (see Sec. 836, infra) (Dec. 17, 1982, p. 31951).




Sec. 836. Filing with minority views.

  (c)  All supplemental, 
minority, or additional views filed under clause 2(l) of rule XI by one 
or more members of a committee shall be included in, and shall be a part 
of, the report filed by the committee with respect to a measure or 
matter. When time guaranteed by clause 2(l) of rule XI has expired (or, 
if sooner, when all separate views have been received), the committee 
may arrange to file its report with the Clerk not later than one hour 
after the expiration of such time. This clause and provisions of clause 
2(l) of rule XI do not preclude the immediate filing or printing of a 
committee report in the absence of a timely request for the opportunity 
to file supplemental, minority, or additional views as provided in 
clause 2(l) of rule XI.



[[Page 608]]

provision was found in former clause 2(l)(5) of rule XI (H. Res. 5, Jan. 
6, 1999, p. ----).

Content of reports
  The first sentence of this paragraph was originally included in 
section 107 of the Legislative Reorganization Act of 1970 (84 Stat. 
1140) and was made a part of the rules in the 92d Congress (H. Res. 5, 
Jan. 22, 1971, p. 144). The remainder of the paragraph (establishing 
standing authority for committees to file reports with the Clerk after 
honoring the guarantee of the rule) was adopted in the 105th Congress 
(H. Res. 5, Jan. 7, 1997, p. 121). Before the House 
recodified its rules in the 106th Congress, this



837. Single volume.

  3. (a)(1)  Except as provided in 
subparagraph (2), the report of a committee on a measure or matter shall 
be printed in a single volume that--


      (A) shall include all supplemental, minority, or additional views 
that have been submitted by the time of the filing of the report; and

      (B) shall bear on its cover a recital that any such supplemental, 
minority, or additional views (and any material submitted under 
paragraph (c)(3)) are included as part of the report.




Sec. 838. Technical error.

  (2)  A committee may file a 
supplemental report for the correction of a technical error in its 
previous report on a measure or matter. A supplemental report only 
correcting errors in the depiction of record votes under paragraph (b) 
may be filed under this subparagraph and shall not be subject to the 
requirement in clause 4 concerning the availability of reports.



[[Page 609]]

Congress (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. ----). A 
technical correction to subparagraph (1)(B) was effected in the 108th 
Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----).
  Clause 3 (former clause 2(l)(5) of rule XI) was originally included in 
section 107 of the Legislative Reorganization Act of 1970 (84 Stat. 
1140) and was incorporated into the rules in the 92d Congress (H. Res. 
5, Jan. 22, 1971, p. 144). This paragraph permits the filing of a 
supplemental report to correct a technical error in a previous report. A 
supplemental report filed under this clause is subject to the three-day 
availability under clause 4 of this rule (Deschler, ch. 17, Sec. 64.1). 
Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 2(l)(5) of rule XI, and the former 
companion provision of clause 2(l)(5) of rule XI entitling members to 
supplemental, minority, or additional views was transferred to new 
clause 2(l) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). The last 
sentence of subparagraph (2) was added in the 107th




Sec. 839. Vote on reporting.

  (b)  With respect to each record 
vote on a motion to report a measure or matter of a public nature, and 
on any amendment offered to the measure or matter, the total number of 
votes cast for and against, and the names of members voting for and 
against, shall be included in the committee report. The preceding 
sentence does not apply to votes taken in executive session by the 
Committee on Standards of Official Conduct.



  The requirement of subparagraph (b) (former clause 2(l)(2)(B) of rule 
XI) was contained in section 104(b) of the Legislative Reorganization 
Act of 1970 (84 Stat. 1140), was incorporated into the rules in the 92d 
Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was restated in the 
104th Congress to require that reports also reflect the total number of 
votes cast for and against any public measure or matter and any 
amendment thereto and the names of those voting for and against (sec. 
209, H. Res. 6, Jan. 4, 1995, p. 468). The last sentence was adopted in 
the 105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. ----). 
Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 2(l)(2)(B) of rule XI (H. Res. 5, 
Jan. 6, 1999, p. ----). If the accompanying report erroneously reflects 
information required by this paragraph, a bill would be subject to a 
point of order against its consideration, unless corrected pursuant to 
clause 3(a)(2) by a supplemental report; however, a point of order would 
not lie if the error was introduced by the Government Printing Office 
(Jan. 19, 1995, p. 1613).



Sec. 840. Content of reports.

  (c)  The report of a committee 
on a measure that has been approved by the committee shall include, 
separately set out and clearly identified, the following:


      (1) Oversight findings and recommendations under clause 2(b)(1) of 
rule X.


[[Page 610]]

cept that an estimate of new budget authority shall include, when 
practicable, a comparison of the total estimated funding level for the 
relevant programs to the appropriate levels under current law.
      (2) The statement required by section 308(a) of the Congressional 
Budget Act of 1974, ex

      (3) An estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 402 of the Congressional 
Budget Act of 1974 if timely submitted to the committee before the 
filing of the report.


      (4) A statement of general performance goals and objectives, 
including outcome-related goals and objectives, for which the measure 
authorizes funding.



[[Page 611]]


  This provision (former clause 2(l)(3) of rule XI) became effective 
January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). It was 
amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to 
correct a cross-reference, and in the 103d Congress (H. Res. 5, Jan. 5, 
1993, p. 49) to correct the typographical transposition of a phrase. 
Subparagraphs (2) and (3) (former clauses 2(l)(3)(B) and 2(l)(3)(C) of 
rule XI) are requirements of sections 308(a) and 402 of the 
Congressional Budget Act of 1974 (88 Stat. 297). Subparagraph (2) 
(former clause 2(l)(3)(B) of rule XI) was amended in the 99th Congress 
by section 232(f) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (P.L. 99-177) to include new entitlement and credit 
authority in conformity with section 308(a)(1) of the Congressional 
Budget Act of 1974, as amended by that law. It was again amended in the 
104th Congress 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(a), H. Res. 6, Jan. 4, 
1995, p. 462). In the 104th and 106th Congresses, it was amended to 
conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 
4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. ----). This provision was 
amended in the 105th Congress to reflect the repeal of the collective 
definition of ``new spending authority'' and the revision of various 
remaining parts and to effect a technical and conforming change (Budget 
Enforcement Act of 1997 (sec. 10116, P.L. 105-33)). Subparagraph (4) was 
amended to replace a requirement that committees include in their 
reports oversight findings and recommendations by the Committee on 
Government Reform with a requirement that they include a statement of 
performance goals and objectives (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. 
----).



Sec. 841. Constitutional authority.

  (d)  Each report of a 
committee on a public bill or public joint resolution shall contain the 
following:



      (1) A statement citing the specific powers granted to Congress in 
the Constitution to enact the law proposed by the bill or joint 
resolution.

  This reporting requirement subsequently replaced former clause 2(l)(4) 
of rule XI, which became a part of the rules under the Committee Reform 
Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., 
Oct. 8, 1974, p. 34470). In its original form the provision required an 
analytical statement of inflationary impact, but in the 105th Congress 
it was converted to require a statement of constitutional authority (H. 
Res. 5, Jan. 7, 1997, p. 121). If a point of order were 
sustained under this subparagraph, the measure would be ``recommitted'' 
to await possible return to the Calendar by the filing of a supplemental 
report pursuant to clause 3(a)(2) correcting the technical error (Feb. 
13, 1995, p. 4591).



Sec. 842. Application of laws to legislative 
branch.

  Under  the Congressional Accountability Act of 1995, each report 
accompanying a bill or joint resolution relating to terms and conditions 
of employment or access to public services or accommodations must 
describe the manner in which the provisions apply to the legislative 
branch or a statement of the reasons the provisions do not apply; and 
any Member may raise a point of order against the consideration of a 
bill or joint resolution not complying with this requirement, which may 
be waived in the House by majority vote (sec. 102(b)(3), P.L. 104-1; 109 
Stat. 6).





Sec. 843. Unfunded mandates.

  The  Unfunded Mandates Reform 
Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of 
the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes 
several requirements on committees with respect to measures effecting 
``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes 
points of order to permit separate votes on whether to enforce those 
requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra.



[[Page 612]]

of any program authorized by the bill or joint resolution if less than 
five years);


Sec. 844. Estimate of cost.

      (2)(A)  An estimate by the 
committee of the costs that would be incurred in carrying out the bill 
or joint resolution in the fiscal year in which it is reported and in 
each of the five fiscal years following that fiscal year (or for the 
authorized duration


      (B) a comparison of the estimate of costs described in subdivision 
(A) made by the committee with any estimate of such costs made by a 
Government agency and submitted to such committee; and

      (C) when practicable, a comparison of the total estimated funding 
level for the relevant programs with the appropriate levels under 
current law.

      (3)(A) In subparagraph (2) the term ``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.


      (B) Subparagraph (2) does not apply to the Committee on 
Appropriations, the Committee on House Administration, the Committee on 
Rules, or the Committee on Standards of Official Conduct, and does not 
apply when a cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the Congressional 
Budget Act of 1974 has been included in the report under paragraph 
(c)(3).


[[Page 613]]

ed by the Budget Enforcement Act of 1990 (2 U.S.C. 900 note) to require 
five-year estimates of revenue changes in legislative reports. In the 
104th Congress it 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. 462). In the 104th and 106th Congresses 
subparagraph (3)(B) (former clause 7(d)) was amended to conform 
references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995, 
p. 467; H. Res. 5, Jan. 6, 1999, p. ----). In the 105th Congress it was 
again amended to effect a technical change (Budget Enforcement Act of 
1997 (sec. 10116, P.L. 105-33)). Before the House recodified its rules 
in the 106th Congress, this provision was found in former clause 7 of 
this rule (H. Res. 5, Jan. 6, 1999, p. ----).
  This provision 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. Subparagraph (3)(B) 
(former clause 7(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. It was amend

  A committee cost estimate identifying certain spending authority as 
recurring annually and indefinitely was held necessarily to address the 
five-year period required by section 308 of the Congressional Budget Act 
of 1974 (Nov. 20, 1993, p. 31354).




Sec. 845. Unfunded mandates.

  The  Unfunded Mandates Reform 
Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of 
the Congressional Budget Act of 1974 (2 U.S.C. 658-658b-c) that 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. 658b-c) and establishes 
points of order to permit separate votes on whether to enforce those 
requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra, and 
Sec. 843, supra.




Sec. 846. ``Ramseyer Rule.''

  (e)(1)  Whenever a committee 
reports a bill or joint resolution proposing to repeal or amend a 
statute or part thereof, it shall include in its report or in an 
accompanying document--


      (A) the text of a statute or part thereof that is proposed to be 
repealed; and

      (B) a comparative print of any part of the bill or joint 
resolution proposing to amend the statute and of the statute or part 
thereof proposed to be amended, showing by appropriate typographical 
devices the omissions and insertions proposed.


[[Page 614]]

part thereof with a recommendation that the bill or joint resolution be 
amended, the comparative print required by subparagraph (1) shall 
reflect the changes in existing law proposed to be made by the bill or 
joint resolution as proposed to be amended.

  (2) If a committee reports a bill or joint resolution proposing to 
repeal or amend a statute or

  The first part of this paragraph (former clause 3) was adopted January 
28, 1929 (VIII, 2234), was redesignated January 3, 1953 (p. 24), and the 
subparagraph (2) (former proviso in clause 3(2)) was added September 22, 
1961 (p. 20823). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 3 of this rule (H. 
Res. 5, Jan. 6, 1999, p. ----).

  Technical failure of a committee report to comply with the 
``Ramseyer'' rule may be remedied by a supplemental report (VIII, 2247). 
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 3(a)(2). Reports held to violate the rule because 
they are not susceptible to correction by the filing of a supplemental 
report under clause 3(a)(2), as in the case of a substantial violation, 
are automatically recommitted to the respective committees reporting 
them (VIII, 2237, 2245, 2250). When a bill is so recommitted, further 
proceedings are de novo and the bill is considered again and reported by 
the committee as if no previous report had been made (VIII, 2249).

  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). 
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(f) of rule XIII, 
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).


[[Page 615]]

  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 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).


  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 (Deschler, ch. 17, Sec. Sec. 60.13, 60.14).



Sec. 847. Content of reports on appropriation 
bills.

  (f)(1)  A report of the Committee on Appropriations on a general 
appropriation bill shall include--


      (A) a concise statement describing the effect of any provision of 
the accompanying bill that directly or indirectly changes the 
application of existing law; and


      (B) a list of all appropriations contained in the bill for 
expenditures not currently authorized by law for the period concerned 
(excepting classified intelligence or national security programs, 
projects, or activities), along with a statement of the last year for 
which such expenditures were authorized, the level of expenditures 
authorized for that year, the actual level of expenditures for that 
year, and the level of appropriations in the bill for such expenditures.


  This provision (former clause 3 of rule XXI) became a part of the 
rules under the Committee Reform Amendments of 1974, effective January 
3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). This provision 
was amended on January 14, 1975 (H. Res. 5, 94th Cong., p. 32) to 
confine its applicability to general appropriation bills, and again in 
the 104th Congress to add subparagraph (1)(B) concerning unauthorized 
items (sec. 215(d), H. Res. 6, Jan. 4, 1995, p. 468). Subparagraph 
(1)(B) was amended in the 107th Congress to require more detail on the 
status of unauthorized appropriations (sec. 2(m), H. Res. 5, Jan. 3, 
2001, p. ----). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 3 of rule XXI (H. 
Res. 5, Jan. 6, 1999, p. ----).


[[Page 616]]

matter specified in clause 1(b)(2) or (3) of rule X, it shall include--
  (2) Whenever the Committee on Appropriations reports a bill or joint 
resolution including

      (A) in the bill or joint resolution, separate headings for 
``Rescissions'' and ``Transfers of Unexpended Balances''; and


      (B) in the report of the committee, a separate section listing 
such rescissions and transfers.


  This provision (former clause 1(b) of rule X) was added by the 
Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 
1974, p. 34470). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 1(b) of rule X (H. 
Res. 5, Jan. 6, 1999, p. ----).



Sec. 848. Comparative print.

  (g)  Whenever the Committee on 
Rules reports a resolution proposing to repeal or amend a standing rule 
of the House, it shall include in its report or in an accompanying 
document--


      (1) the text of any rule or part thereof that is proposed to be 
repealed; and


      (2) a comparative print of any part of the resolution proposing to 
amend the rule and of the rule or part thereof proposed to be amended, 
showing by appropriate typographical devices the omissions and 
insertions proposed.


[[Page 617]]

business resolution providing for the consideration of a bill with 
textual modifications that would effect certain changes in House rules 
on enactment of the bill into law, but not itself repealing or amending 
any rule (May 27, 1993, p. 11597).

  This provision (former clause 4(d) of rule XI) was added to the rules 
under the Committee Reform Amendments of 1974, effective January 3, 1975 
(H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), and is similar to the 
``Ramseyer Rule'' requirements of paragraph (e) relating to bills and 
joint resolutions repealing or amending existing law. Before the House 
recodified its rules in the 106th Congress, this provision was found in 
former clause 4(d) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). This 
clause is applicable to resolutions reported from the Committee on Rules 
which propose direct permanent repeal or amendment of a rule of the 
House, but does not apply to resolutions providing temporary waivers of 
rules during the consideration of particular legislative business 
(Speaker Albert, Mar. 20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or to 
a special order of



Sec. 849. Tax complexity analysis.

  (h)(1)  It shall not be in 
order to consider a bill or joint resolution reported by the Committee 
on Ways and Means that proposes to amend the Internal Revenue Code of 
1986 unless--


      (A) the report includes a tax complexity analysis prepared by the 
Joint Committee on Internal Revenue Taxation in accordance with section 
4022(b) of the Internal Revenue Service Restructuring and Reform Act of 
1998; or


      (B) the chairman of the Committee on Ways and Means causes such a 
tax complexity analysis to be printed in the Congressional Record before 
consideration of the bill or joint resolution.


  This provision was added by the Internal Revenue Service Restructuring 
and Reform Act of 1998 as a new clause 2(l)(8) of rule XI, effective 
after January 1, 1999 (sec. 4022, P.L. 105-206). This provision was 
transferred to clause 3(h) of rule XIII when the House recodified its 
rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

   (2)(A) It shall not be in order to consider a bill or joint 
resolution reported by the Committee on Ways and Means that proposes to 
amend the Internal Revenue Code of 1986 unless--

      (i) the report includes a macroeconomic impact analysis;


[[Page 618]]

      (ii) the report includes a statement from the Joint Committee on 
Internal Revenue Taxation explaining why a macroeconomic impact analysis 
is not calculable; or

      (iii) the chairman of the Committee on Ways and Means causes a 
macroeconomic impact analysis to be printed in the Congressional Record 
before consideration of the bill or joint resolution.

  (B) In subdivision (A), the term `macroeconomic impact analysis' 
means--

      (i) an estimate prepared by the Joint Committee on Internal 
Revenue Taxation of the changes in economic output, employment, capital 
stock, and tax revenues expected to result from enactment of the 
proposal; and


      (ii) a statement from the Joint Committee on Internal Revenue 
Taxation identifying the critical assumptions and the source of data 
underlying that estimate.


Availability of reports-
  This requirement of a macroeconomic analysis of any tax 
proposal replaced a provision that authorized the chairman of the 
Committee on Ways and Means to request the Joint Committee on Internal 
Revenue Taxation to prepare a dynamic estimate of revenue changes 
proposed in a measure designated by the Majority Leader as major tax 
legislation (sec. 2(j), H. Res. 5, Jan. 7, 2003, p. ----). The 
former provision was added in the 105th Congress (H. Res. 5, Jan. 
7, 1997, p. 121); but, before the House 
recodified its rules in the 106th Congress, it was found 
in former clause 7(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).


[[Page 619]]

available to Members, Delegates, and the Resident Commissioner.


850. Threeday layover.

  4. (a)(1)  Except as specified in 
subparagraph (2), it shall not be in order to consider in the House a 
measure or matter reported by a committee until the third calendar day 
(excluding Saturdays, Sundays, or legal holidays except when the House 
is in session on such a day) on which each report of a committee on that 
measure or matter has been


  (2) Subparagraph (1) does not apply to--

      (A) a resolution providing a rule, joint rule, or order of 
business reported by the Committee on Rules considered under clause 6;

      (B) a resolution providing amounts from the applicable accounts 
described in clause 1(i)(1) of rule X reported by the Committee on House 
Administration considered under clause 6 of rule X;

      (C) a bill called from the Corrections Calendar under clause 6 of 
rule XV;

      (D) a resolution presenting a question of the privileges of the 
House reported by any committee;

      (E) a measure for the declaration of war, or the declaration of a 
national emergency, by Congress; and

      (F) a measure providing for the disapproval of a decision, 
determination, or action by a Government agency that would become, or 
continue to be, effective unless disapproved or otherwise invalidated by 
one or both Houses of Congress. In this subdivision the term 
``Government agency'' includes any department, agency, establishment, 
wholly owned Government corporation, or instrumentality of the Federal 
Government or of the government of the District of Columbia.


[[Page 620]]

available for distribution to Members, Delegates, and the Resident 
Commissioner before the consideration of the measure or matter in the 
House.

  (b) A committee that reports a measure or matter shall make every 
reasonable effort to have its hearings thereon (if any) printed and

  This provision (former clause 2(l)(6) of rule XI) was originally 
contained in section 108 of the Legislative Reorganization Act of 1970 
(84 Stat. 1140) and was incorporated into the rules in the 92d Congress 
(H. Res. 5, Jan. 22, 1971, p. 144). It was amended in the 94th Congress 
(H. Res. 5, Jan. 14, 1975, p. 20), in the 95th Congress (H. Res. 5, Jan. 
4, 1977, pp. 53-70), and in the 96th Congress (H. Res. 5, Jan. 15, 1979, 
p. 8). In the 102d Congress it was amended to clarify the availability 
requirements for reported measures, including concurrent resolutions on 
the budget (H. Res. 5, Jan. 3, 1991, p. 39). It was amended in the 104th 
Congress to count as a ``calendar day'' any day on which the House is in 
session (H. Res. 254, Nov. 30, 1995, p. 35077), and again in the 105th 
Congress to achieve like treatment in the case of a concurrent 
resolution on the budget (H. Res. 5, Jan. 7, 1997, p. 
121). The rule was later amended in the 105th Congress to 
conform to a change in the layover requirement for a concurrent 
resolution on the budget (Budget Enforcement Act of 1997 (sec. 10109, 
P.L. 105-33)). In the 106th Congress two technical and conforming 
corrections were effected. The 106th Congress also recodified the rules, 
transferring this provision from former clause 2(l)(6) of rule XI, which 
consisted of this provision and current clause 6(a)(2) of this rule (H. 
Res. 5, Jan. 6, 1999, p. ----). Subparagraph (2)(C) was added in the 
107th Congress (sec. 2(n), H. Res. 5, Jan. 3, 2001, p. ----).


[[Page 621]]

pp. 12027-30). A report from a committee raising a question of the 
privileges of the House, such as a report relating to the contemptuous 
conduct of a witness before the committee, may be considered 
notwithstanding the availability requirements of this clause (Speaker 
Albert, July 13, 1971, pp. 24720-23; see also VI, 48; Deschler, ch. 14, 
Sec. 7.4, fn. 10, and Oct. 8, 1998, p. ----, with respect to impeachment 
reports; and Feb. 12, 1998, p. ----, with respect to a resolution 
dismissing an election contest reported as privileged under clause 
5(a)(3) of rule XIII). Clause 3(a)(2) of rule XIII was amended in the 
107th Congress to except from the three-day layover requirement a 
supplemental report only correcting errors in the depiction of record 
votes under clause 3(b) (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. ----).-
  The availability requirement is not applicable to privileged reports 
from the Committee on Rules or to bills before the House which have not 
been reported from committee (Speaker Albert, Aug. 10, 1976, p. 26793). 
The Committee on Rules has the authority under clause 5(a) of rule XIII 
(former clause 4(a) of rule XI) to report a special order making in 
order the text of an introduced bill as a substitute original text for a 
reported bill, and no point of order lies that such introduced text has 
not been available for three days under this rule, which only applies to 
the consideration of reported measures themselves (Oct. 9, 1986, p. 
29973). The exceptions from the three-day layover requirement were 
expanded in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98) to 
include resolutions called up pursuant to legislative veto provisions in 
laws having the effect of approving or invalidating the actions of any 
government agency (and not just agencies of the executive branch). That 
exception allows the consideration of a measure disapproving an 
executive branch decision pursuant to statute within three days of the 
expiration of the congressional review period, notwithstanding the 
three-day availability requirement (concurrent resolution disapproving a 
regulation of the Federal Trade Commission pursuant to the Federal Trade 
Commission Improvements Act, P.L. 96-252) (May 26, 1982,




Sec. 851. Oneday layover.

  A committee  expense resolution 
reported by the Committee on House Administration pursuant to clause 5 
of rule XIII need only be available for one day. However, other 
resolutions reported from that committee which are privileged (such as a 
resolution authorizing the printing of material as a House document), 
but which do not constitute questions of the privileges of the House, 
are subject to this clause (Speaker Albert, Mar. 6, 1975, p. 5537).





Sec. 852. Printed hearings and reports on appropriation 
bills.

  (c)  A general appropriation bill reported by the Committee on 
Appropriations may not be considered in the House until the third 
calendar day (excluding Saturdays, Sundays, and legal holidays except 
when the House is in session on such a day) on which printed hearings of 
the Committee on Appropriations thereon have been available to Members, 
Delegates, and the Resident Commissioner.




[[Page 622]]


Privileged reports, generally
  This provision from section 139(a) of the Legislative Reorganization 
Act of 1946 was made a part of the standing rules January 3, 1953 (p. 
24), and was amended (by the addition of the parenthetical clause) on 
January 22, 1971 (p. 144). In the 104th Congress it was amended to count 
as a ``calendar day'' any day on which the House is in session (H. Res. 
254, Nov. 30, 1995, p. 35077). Before the House recodified its rules in 
the 106th Congress, this provision was found in former clause 7 of rule 
XXI; and a requirement that the report also be available for three days 
was deleted as redundant because reports on general appropriation bills 
are covered under the availability requirements of paragraph (a) (H. 
Res. 5, Jan. 6, 1999, p. ----). In counting the ``three calendar days'' 
specified in the clause, the date the bill is filed or the date on which 
it is to be called up for consideration are counted, but not both (May 
26, 1969, p. 13720).



853. Privileged reports.

  5. (a)  The following committees 
shall have leave to report at any time on the following matters, 
respectively:


      (1) The Committee on Appropriations, on general appropriation 
bills and on joint resolutions continuing appropriations for a fiscal 
year after September 15 in the preceding fiscal year.

      (2) The Committee on the Budget, on the matters required to be 
reported by such committee under titles III and IV of the Congressional 
Budget Act of 1974.

      (3) The Committee on House Administration, on enrolled bills, on 
contested elections, on matters referred to it concerning printing for 
the use of the House or the two Houses, on expenditure of the applicable 
accounts of the House described in clause 1(i)(1) of rule X, and on 
matters relating to preservation and availability of noncurrent records 
of the House under rule VII.

      (4) The Committee on Rules, on rules, joint rules, and the order 
of business.


[[Page 623]]

      (5) The Committee on Standards of Official Conduct, on resolutions 
recommending action by the House with respect to a Member, Delegate, 
Resident Commissioner, officer, or employee of the House as a result of 
an investigation by the committee relating to the official conduct of 
such Member, Delegate, Resident Commissioner, officer, or employee.


  (b) A report filed from the floor as privileged under paragraph (a) 
may be called up as a privileged question by direction of the reporting 
committee, subject to any requirement concerning its availability to 
Members, Delegates, and the Resident Commissioner under clause 4 or 
concerning the timing of its consideration under clause 6.

  The origins of this provision appear as early as 1812, but it was in 
1886 that the various provisions were consolidated in one rule. The rule 
was amended by the Legislative Reorganization Act of 1946 (60 Stat. 
812), on February 2, 1951 (p. 883), and by the Committee Reform 
Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., 
Oct. 8, 1974, p. 34470). On the latter date the privileges given to the 
Committee on Interior and Insular Affairs (now Resources) on bills for 
the forfeiture of land grants to railroad and other corporations, 
preventing speculation in the public lands and reserving public lands 
for the benefit of actual and bona fide settlers, and for the admission 
of new States, to the Committee on Public Works (now Transportation and 
Infrastructure) on bills authorizing the improvement of rivers and 
harbors, to the Committee on Veterans' Affairs on general pension bills, 
and to the Committee on Ways and Means on bills raising revenue, were 
eliminated from the rule. In the 94th Congress (H. Res. 5, Jan. 14, 
1975, p. 20), the rule was further amended to reinsert ``contested 
elections'' under the authority of the Committee on House 
Administration, a matter inadvertently omitted by the 93d Congress (H. 
Res. 988, Oct. 8, 1974, p. 34470). The rule was amended in the 97th 
Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to permit joint 
resolutions continuing appropriations to be privileged if reported after 
a certain date. In the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72), 
the rule was amended to include under the authority of the Committee on 
House Administration all matters relating to preservation and 
availability of noncurrent House records. In the 104th and 106th 
Congresses, it was amended to conform references to a renamed committee 
(sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, 
p. ----). In the 105th Congress it was amended to update an archaic 
reference to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. 
121). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 4 of rule XI; as 
part of that recodification, former clause 9 of rule XVI (restating the 
privilege of general appropriation bills) was deleted as obsolete (H. 
Res. 5, Jan. 6, 1999, p. ----).


[[Page 624]]

ness were greatly expedited. In 1890 a rule was adopted providing that 
reports should be made by filing with the Clerk, but privileged reports 
must still be made from the floor (IV, 3146; VIII, 2230). A privileged 
report from the Committee on Rules may be filed at any time when the 
House is in session, including during special-order speeches (Oct. 14, 
1986, p. 30861). Prior to the original adoption of the provisions 
contained in former clause 2(l)(6) of rule XI in the 92d Congress 
(current clause 4 of rule XIII) (H. Res. 5, Jan. 22, 1971, p. 144), the 
right of reporting at any time was held to give the right of immediate 
consideration by the House (IV, 3131, 3132, 3142-3147; VIII, 2291, 
2312). However, from that date until the effective date of the provision 
of former clause 2(l)(6) (current clause 4 of this rule) on January 3, 
1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), only the 
Committees on House Administration, Rules (subject to the two-thirds 
vote requirement of clause 6 of this rule), and Standards of Official 
Conduct could call up a matter in the House for immediate consideration 
as soon as the report was filed. Now only reports from the Committee on 
Rules on rules, joint rules, and the order of business under clause 6 of 
this rule; reports from the Committee on House Administration on 
committee expense resolutions under clause 5(a) of this rule; reports 
constituting questions of privilege (see generally Deschler, ch. 14, 
Sec. 7.4, fn. 10, discussing ruling of Speaker Albert, July 13, 1971, on 
a reported contempt); and reports on the official conduct of a Member 
(e.g., H. Res. 31, Jan. 21, 1997, p. 393) are exempt from 
the requirements of former clause 2(l)(6) (current clause 4 of this 
rule) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Other committees 
enumerated in this clause may still utilize the privilege after the 
report on the bill or resolution has been available for at least three 
calendar days (excluding Saturdays, Sundays, and legal holidays except 
when the House is in session on such a day). Once called up for 
consideration, the matter so reported remains privileged until disposed 
of (IV, 3145). The House proceeds to the consideration of privileged 
questions only on motion directed to be made by the several committees 
reporting such questions (VIII, 2310). Privileged questions reported 
adversely have the same status so far as their privilege is concerned as 
those reported favorably (VI, 413; VIII, 2310).
  At the time these privileges originated all reports were made on the 
floor, and often with great difficulty because of the pressure of 
business (IV, 4621), and by giving this privilege the most important 
matters of busi



Sec. 854. Privileged reports defined.

  The  matters reported 
under the provisions of this clause are denominated ``privileged 
reports'' or ``privileged questions,'' and since the privilege relates 
merely to the order of business under the rules, they must be 
distinguished from ``questions of privilege'' which relate to the safety 
or dignity of the House itself defined in rule IX (III, 2718). 
Therefore, ``questions of privilege'' take precedence over these matters 
which are privileged under the rules (III, 2426-2530; V, 6454; VIII, 
3465).



[[Page 625]]

interrupted by a privileged report (IV, 3132). The presence of matter 
not privileged with privileged matter destroys the privileged character 
of a bill (IV, 4622, 4624, 4633, 4640, 4643; VIII, 2289; Speaker 
Rayburn, May 21, 1958, pp. 9212-16), or resolution (VIII, 2300), and 
when the text of a bill contains nonprivileged matter, privilege may not 
be created by a committee amendment in the nature of a substitute not 
containing the nonprivileged matter (IV, 4623).
  Privileged questions interrupt the regular order of business as 
established by former rule XXIV (current rule XIV), but when they are 
disposed of the regular order continues on from the point of 
interruption (IV, 3070, 3071). But the Speaker has declined to allow a 
call of committees to be

  The House may give a committee leave to report at any time only by the 
process of changing the rules (III, 1770).


[[Page 626]]

repealing a statutory joint rule (mandatory July adjournment, sec. 132 
of the Legislative Reorganization Act of 1946) (July 27, 1990, p. 
20178). The Committee on Rules has reported as privileged a special 
order of business nearly identical to one previously rejected by the 
House, but held not to constitute ``another of the same substance'' 
within the meaning of Jefferson's section XLIII (reconsideration) 
because it provided a different scheme for general debate (July 27, 
1993, p. 17115).


Sec. 855. The privilege of individual committees for 
reports.

  The  privilege given by this clause to the Committee on Rules is 
confined to ``action touching rules, joint rules, and order of 
business'' and this committee may not report as privileged a concurrent 
resolution providing for a Senate investigating committee (VIII, 2255), 
or provide for the appointment of a clerk (VIII, 2256); but the 
privilege has been held to include the right to report special orders 
for the consideration of individual bills or classes of bills (V, 6774), 
or the consideration of a specified amendment to a bill and prescribing 
a mode of considering such amendment (VIII, 2258). A special rule 
providing for the consideration of a bill is not invalidated by the fact 
that at the time the rule was reported, the bill was not on the calendar 
(VIII, 2259; Speaker McCormack, Aug. 19, 1964, p. 20212). The authority 
to report special orders of business includes authority to recommend 
consideration of measures and amendments thereto the subject of which 
might be separately pending before a standing committee (Apr. 15, 1986, 
p. 7531); to make in order the consideration of the text of an 
introduced bill as original text in a reported bill (Oct. 9, 1986, p. 
29973); to permit consideration of a previously unnumbered and 
unsponsored measure which comes into existence by virtue of adoption by 
the House of the special order (Speaker O'Neill, Apr. 16, 1986, p. 
7610); to recommend a ``hereby'' resolution, for example, that a 
concurrent resolution correcting the enrollment of a bill be considered 
as adopted by the House upon the adoption of the special order (Speaker 
Wright, May 4, 1988, p. 9865), or that a Senate amendment pending at the 
Speaker's table and otherwise requiring consideration in Committee of 
the Whole under clause 3 of rule XXII (former clause 1 of rule XX) be 
``hereby'' considered as adopted upon adoption of the special order 
(Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500); to provide that 
an amendment containing an appropriation in violation of clause 4 of 
rule XXI (former clause 5(a)) be considered as adopted in the House when 
the reported bill is under consideration (Feb. 24, 1993, p. 3542); to 
provide that an amendment containing an appropriation in violation of 
clause 2 of rule XXI be considered as adopted in the House when the 
reported bill is under consideration (July 27, 1993, p. 17129); and to 
provide that a nongermane amendment otherwise in violation of clause 7 
of rule XVI be considered as adopted in the House when the bill is under 
consideration (Feb. 24, 1993, p. 3542; July 27, 1993, p. 17129). The 
Committee on Rules has also reported as privileged a joint resolution


  A resolution consisting solely of privileged matter, albeit in two 
separate jurisdictions empowered to report at any time under clause 
4(a), has been referred to a primary committee, reported therefrom as 
privileged, referred sequentially, and reported as privileged from the 
sequential committee as well (H. Res. 258, 102d Cong., Nov. 8, 1991, p. 
30979; Nov. 19, 1991, p. 32903).

  The right of the Committee on Appropriations to report at any time is 
confined strictly to general appropriation bills (IV, 4629-4632; VIII, 
2282-2284) and does not include appropriations for specific purposes 
(VIII, 2285). Before privilege was extended to continuing appropriation 
bills (in 1981), the rule was not construed to extend to resolutions 
extending appropriations (VIII, 2282-2284).

  Reports from the Committee on House Administration authorizing 
appropriations from the Treasury directly for compensation of employees 
(IV, 4645) or fixing the salaries of employees are not privileged (VIII, 
2302).



Sec. 856. Privileged motion for consideration of revenue and 
appropriation bills.

    As early as 1835 the necessity of giving the 
appropriation bills precedence became apparent, and in 1837 former 
clause 9 of rule XVI was adopted to establish that principle, but was 
deleted in recodification as redundant to this rule. Former clause 4(a) 
of rule XI was amended by the Committee Reform Amendments of 1974, 
effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 
34470) to eliminate the authority of the Committee on Ways and Means to 
report as privileged bills raising revenue, and former clause 9 of rule 
XVI was amended in the 104th Congress (H. Res. 254, Nov. 30, 1995, p. 
35077) to delete as obsolete the reference to bills raising revenue (see 
Sec. 853, supra). However, the privilege to call up general 
appropriation bills in both rules was retained. When both types of 
reports were privileged under the rule prior to the 94th Congress, 
motions to consider revenue bills and appropriation bills were of equal 
privilege (IV, 3075, 3076).



[[Page 627]]

3080). On Wednesdays the privilege of the motion is limited by clause 7 
of rule XV. It may not be amended (VI, 52, 723), debated (VI, 716), laid 
on the table, or indefinitely postponed (VI, 726), and the previous 
question may not be demanded on it (IV, 3077-3079). Although highly 
privileged, it may not take precedence of a motion to reconsider (IV, 
3087), or a motion to change the reference of a bill (VII, 2124). The 
motion is less highly privileged than the motion to discharge a 
committee from further consideration of a bill under former clause 3 of 
rule XXVII (current clause 2 of rule XV) (VII, 1011, 1016), and on 
consent days the call of the former Consent Calendar (abolished in the 
104th Congress) took precedence (VII, 986).

Privileged reports by the Committee on Rules
  The motion may designate the particular appropriation bill to be 
considered (IV, 3074). The motion is privileged at any time after the 
approval of the Journal (subject to relevant report and hearing 
availability requirements), but only if offered at the direction of the 
committee (July 23, 1993, p. 16820). The motion is in order on District 
Mondays (VI, 716-718; VII, 876, 1123); and takes precedence of the 
motion to go into Committee of the Whole House to consider the Private 
Calendar (IV, 3082-3085; VI, 719, 720). Before the adoption of clause 4 
of rule XIII (the former Consent Calendar) it could be made on a 
``suspension day'' as on other days (IV,



857. Reports from Committee on Rules.

  6. (a)  A report by 
the Committee on Rules on a rule, joint rule, or the order of business 
may not be called up for consideration on the same day it is presented 
to the House except--


      (1) when so determined by a vote of two-thirds of the Members 
voting, a quorum being present;

      (2) in the case of a resolution proposing only to waive a 
requirement of clause 4 or of clause 8 of rule XXII concerning the 
availability of reports; or

      (3) during the last three days of a session of Congress.

  (b) Pending the consideration of a report by the Committee on Rules on 
a rule, joint rule, or the order of business, the Speaker may entertain 
one motion that the House adjourn. After the result of such a motion is 
announced, the Speaker may not entertain any other dilatory motion until 
the report shall have been disposed of.


[[Page 628]]

  (c) The Committee on Rules may not report--

      (1) a rule or order proposing that business under clause 7 of rule 
XV be set aside by a vote of less than two-thirds of the Members voting, 
a quorum being present;


      (2) a rule or order that would prevent the motion to recommit a 
bill or joint resolution from being made as provided in clause 2(b) of 
rule XIX, including a motion to recommit with instructions to report 
back an amendment otherwise in order, if offered by the Minority Leader 
or a designee, except with respect to a Senate bill or resolution for 
which the text of a House-passed measure has been substituted.

  The Committee on Rules, ``by uniform practice of the House,'' 
exercised the privilege of reporting at any time as early as 1888. The 
right to report at any time is confined to privileged matters (VIII, 
2255). This was probably the survival of a practice which existed as 
early as 1853 of giving the privilege of reporting at any time to this 
committee for a session (IV, 4650). In 1890 the committee was included 
among the committees whose reports were privileged by rule. The present 
rule (former clause 4(b) of rule XI) was adopted in 1892 (IV, 4621), 
amended on March 15, 1909. Clause 6(a)(1) (former matter found in 
parentheses in clause 4(b) of rule XI) was adopted January 18, 1924 (pp. 
1139, 1141), and the rule was further amended by the Committee Reform 
Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., 
Oct. 8, 1974, p. 34470), to limit its application to reports from the 
Committee on Rules on rules, joint rules, and orders of business. In the 
94th Congress it was amended to permit the immediate consideration of a 
resolution reported from the Committee on Rules waiving the two-hour 
layover requirement (H. Res. 868, Feb. 26, 1976, p. 4625). In the 104th 
Congress the provision was amended to prohibit the Committee on Rules 
from recommending a rule or order that would prevent a motion by the 
Minority Leader or his designee to recommit a bill or joint resolution 
with instructions to report back an amendment otherwise in order except 
in the case of a Senate bill or resolution for which the text of a 
House-passed measure is being substituted (sec. 210, H. Res. 6, Jan. 4, 
1995, p. 468). Before the House recodified its rules in the 106th 
Congress, this provision was found in former clause 4(b) of rule XI (H. 
Res. 5, Jan. 6, 1999, p. ----). For rulings under the earlier form of 
the rule, see Sec. 859, infra.


[[Page 629]]

but a report properly filed by the committee at any time prior to the 
convening of the House on the next legislative day may be called up for 
immediate consideration without the two-thirds requirement (Speaker 
Albert, July 31, 1975, p. 26243), including a report filed during 
special-order speeches after legislative business on that prior 
legislative day (Oct. 14, 1986, p. 30861), and if the House continues in 
session into a second calendar day and then meets again that day, or 
convenes for two legislative days on the same calendar day, any report 
filed on the first legislative day may be called up on the second 
without the question of consideration being raised (Speaker O'Neill, 
Dec. 16, 1985, p. 36755; Speaker Wright, Oct. 29, 1987, p. 29937). This 
clause does not require that a privileged resolution, and the report 
thereon, from the Committee on Rules be printed before it is called up 
for consideration (Speaker O'Neill, Feb. 2, 1977, p. 3344).
  Pursuant to this clause, a privileged report from the Committee on 
Rules may be considered on the same legislative day only by a two-thirds 
vote,

  In the case of certain resolutions reported from the Committee on 
Rules, the two-thirds vote requirement for consideration on the same day 
reported does not apply. This clause provides for the immediate 
consideration of a resolution from the Rules Committee waiving the 
requirement that copies of reports and reported measures be available 
for three days before their consideration, and waiving the requirement 
that copies of conference reports or amendments reported from conference 
in disagreement be available for two hours before their consideration 
(see Aug. 10, 1984, p. 23978).

  Although highly privileged, a report from the Committee on Rules 
yields to questions of privilege (VIII, 3491; Mar. 11, 1987, p. 5403), 
and is not in order after the House has voted to go into Committee of 
the Whole (V, 6781). Also a conference report has precedence of it, even 
when the yeas and nays and previous question have been ordered (V, 
6449). Formerly if a report from the Committee on Rules contained 
substantive propositions, a separate vote could be had on each 
proposition (VIII, 2271, 2272, 2274, 3167); but these decisions were 
nullified by the adoption of clause 5(b)(2) of rule XVI (former clause 
6). A report from the Committee on Rules takes precedence over a motion 
to consider a measure which is ``highly privileged'' pursuant to a 
statute enacted as an exercise in the rulemaking authority of the House, 
acknowledging the constitutional authority of the House to change its 
rules at any time (Speaker Wright, Mar. 11, 1987, p. 5403). Before the 
House adopts rules, the Speaker may recognize a Member to offer for 
immediate consideration a special order providing for the consideration 
of a resolution adopting the rules (H. Res. 5, Jan. 4, 1995, p. 447).


[[Page 630]]

16, 1986, p. 7610; Speaker Wright, Mar. 11, 1987, p. 5403). No rule of 
the House precludes the Committee on Rules from reporting a special 
order making in order specified amendments that have not been preprinted 
as otherwise required by an announced policy of that committee (Oct. 23, 
1991, p. 28097). No point of order lies against a resolution reported 
from the Committee on Rules that waives points of order against a 
measure or provides special procedures for its consideration, where no 
law constituting a rule of the House prohibits consideration of such a 
resolution (resolution providing for consideration of a budget 
resolution, where a statute (P.L. 96-389, reaffirmed congressional 
commitment to balanced Federal budgets but did not dictate what 
legislation could be considered or otherwise constitute a rule of the 
House) (June 10, 1982, p. 13353).
  The Committee on Rules may report and call up as privileged 
resolutions temporarily waiving or altering any rule of the House, 
including statutory provisions enacted as an exercise of the House's 
rulemaking authority which would otherwise prohibit the consideration of 
a bill being made in order by the resolution. (Speaker Albert, Mar. 20, 
1975, p. 7676; Mar. 24, 1975, p. 8418), or which would otherwise 
establish an exclusive procedure for consideration of a particular type 
of measure (Speaker O'Neill, Apr.

  The Chair has declined to entertain a unanimous-consent request to 
alter a special order previously adopted by the House to admit an 
additional (nongermane) amendment during further consideration of a bill 
unless assured of certain clearances, consistent with the Speaker's 
announced policy (see Sec. 956, infra) of conferring recognition for 
unanimous-consent requests for the consideration of unreported bills and 
resolutions only when assured that the majority and minority floor and 
committee leaderships have no objection (Nov. 14, 1991, p. 32083).


[[Page 631]]

sider the vote on ordering the previous question on the rule and 
amendment thereto is not (see V, 5739; Sept. 25, 1990, p. 25575), and 
may be laid on the table without carrying with it the resolution itself 
(Sept. 25, 1990, p. 25575). Only one motion to adjourn is admissible 
during the consideration of a report from the Committee on Rules (July 
23, 1997, p. ----; Mar. 20, 2002, p. ----), and the motion 
may not be made when another Member has the floor (Sept. 27, 1993, p. 
22608). Where the House adjourns during the consideration of a report 
from the Committee on Rules, further consideration of the report becomes 
the unfinished business on the following day, and debate resumes from 
the point where interrupted (Sept. 27, 1993, p. 22609; Sept. 28, 1993, 
p. 22719). The Chair has held that a virtually consecutive invocation of 
former rule XXX (current clause 6 of rule XVII), resulting in a second 
pair of votes on use of a chart and on reconsideration thereof, was not 
dilatory under this clause (or former clause 10 of rule XVI (current 
clause 1 of rule XVI)) (July 31, 1996, p. 20693). In the 107th Congress 
clause 6 of rule XVII was amended to render the Chair's recognition for 
a motion on the use of charts completely discretionary (see Sec. 963, 
infra).


Sec. 858. Dilatory motions not permitted.

  In  the later 
practice it has been held that the question of consideration may not be 
raised against a report from the Committee on Rules (V, 4961-4963; VIII, 
2440, 2441). The clause forbidding dilatory motions has been construed 
strictly (V, 5740-5742), and in the later practice the following have 
been excluded: (1) the motion to commit after the ordering of the 
previous question (V, 5593-5601; VIII, 2270, 2750; Feb. 22, 1984, p. 
2965); (2) an appeal from the Chair's decision not to entertain the 
question of consideration or a motion to lay the pending resolution on 
the table (V, 5739); and (3) the motion to postpone to a day certain 
(Oct. 9, 1986, p. 29972). A motion to reconsider the vote on ordering 
the previous question has been held not dilatory (V, 5739). Before 
debate has begun on a report from the Committee on Rules, a question of 
the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987, 
p. 5403). In the event that the previous question is rejected on a 
privileged resolution from the Committee on Rules, the provisions of 
clause 6(b) prohibiting ``dilatory'' motions no longer strictly apply; 
the resolution is subject to proper amendment, further debate, or a 
motion to table or refer, and the Member who lead the opposition to the 
previous question has the prior right to recognition (Oct. 19, 1966, pp. 
27713, 27725-29; May 29, 1980, pp. 12667-78), subject to being preempted 
by a preferential motion offered by another Member (Aug. 13, 1982, pp. 
20969, 20975-78). The member of the Committee on Rules calling up a 
privileged resolution on behalf of the committee may offer an amendment, 
and House rules do not require a specific authorization from the 
committee (Sept. 25, 1990, p. 25575). A motion to table such a pending 
amendment is dilatory and not in order under this provision, but the 
motion to recon


  A motion to recommit a special rule from the Committee on Rules is not 
in order (VIII, 2270, 2753).



Sec. 859. Restrictions on authority of Committee on 
Rules.

  From  1934 until the amendment to this provision in the 104th 
Congress (sec. 210, H. Res. 6, Jan. 4, 1995, p. 468), it was 
consistently held that the Committee on Rules could recommend a special 
order that limited, but did not totally prohibit, a motion to recommit 
pending passage of a bill or joint resolution, as by precluding the 
motion from containing instructions relating to specified amendments 
(Speaker Rainey, Jan. 11, 1934, pp. 479-83 (sustained on appeal)); or by 
omitting to preserve the availability of amendatory instructions in the 
case that the bill is entirely rewritten by the adoption of a substitute 
made in order as original text (Speaker Foley, June 4, 1991, p. 13170; 
Speaker Foley, Nov. 25, 1991, p. 34460); or by expressly allowing only a 
simple (``straight'') motion to recommit (without instructions) (Oct. 
16, 1990, p. 29657 (sustained by tabling of appeal); Feb. 
26, 1992, p. 3441 (sustained by tabling of 
appeal); May 7, 1992, p. 10586 (sustained by 
tabling of appeal); June 16, 1992, p. 14973
(sustained by tabling of appeal); Nov. 21, 1993, p. 
31544; Nov. 22, 1993, p. 31815). A special order providing for 
consideration of a bill under suspension of the rules does not prevent a 
motion to recommit from being made ``as provided in clause 4 of rule 
XVI,'' i.e., after the previous question is ordered on passage, a 
procedure not applicable to a motion to suspend the rules (Speaker 
Foley, June 21, 1990, p. 15229). See Deschler, ch. 21, Sec. 26.11; see 
generally Deschler, ch. 23, Sec. 25.



[[Page 632]]

ered as adopted by the House upon the adoption of the special order), so 
long as not precluding the motion to recommit a bill or joint resolution 
(Speaker Wright, May 4, 1988, p. 9865). 
  The caveat against including in a special order matter privileged to 
be reported by another committee (Deschler, ch. 21, Sec. 17.13) does not 
extend to a ``hereby'' resolution (e.g., that a concurrent resolution 
correcting the enrollment of a bill within the jurisdiction of another 
committee be consid

  The Committee on Rules has reported special rules to dispose of Senate 
amendments that have ordered the previous question to adoption without 
intervening motion. At this stage the special order need not preserve 
(under clause 6(c) of rule XIII) the motion to recommit (as provided in 
clause 2(b) of rule XIX) because the bill is not at the stage of initial 
passage. For an illustrative list of such rules, see House Practice, ch. 
51, Sec. 11. For an exchange of correspondence between the chairman and 
ranking minority member of the Rules Committee regarding this practice, 
see January 24, 1996, pp. 1228, 1229.

  Although the Committee on Rules is forbidden to report 
special orders abrogating the Calendar Wednesday rule or excluding the 
motion to recommit after the previous question, a resolution making 
possible that ultimate result by permitting motions to suspend the rules 
for a week was held in order (VIII, 2267).




Sec. 860. Unfunded mandates.

  The  Unfunded Mandates Reform 
Act of 1995 (P.L. 104-4; 109 Stat. 48) 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 committees with respect to 
``Federal mandates'' (secs. 423, 424; 2 U.S.C. 
658b, 658c), establishes points of order to permit 
separate votes on whether to enforce those requirements (sec. 425; 2 
U.S.C. 658d), and permits a vote on the consideration of a rule or order 
waiving such points of order in the House (sec. 426(a); 2 U.S.C. 
658e(a)). See Sec. 1127, infra.



[[Page 633]]

shall recognize a member of the committee who rises for that purpose.


Sec. 861. Filing reports.

  (d)  The Committee on Rules shall 
present to the House reports concerning rules, joint rules, and the 
order of business, within three legislative days of the time when they 
are ordered. If such a report is not considered immediately, it shall be 
referred to the calendar. If such a report on the calendar is not called 
up by the member of the committee who filed the report within seven 
legislative days, any member of the committee may call it up as a 
privileged question on the day after the calendar day on which the 
member announces to the House his intention to do so. The Speaker



  (e) An adverse report by the Committee on Rules on a resolution 
proposing a special order of business for the consideration of a public 
bill or public joint resolution may be called up as a privileged 
question by a Member, Delegate, or Resident Commissioner on a day when 
it is in order to consider a motion to discharge committees under clause 
2 of rule XV.


  Before the House recodified its rules in the 106th Congress, this 
provision was found in one paragraph, former paragraph (c) of 
clause 4 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). 
What is now paragraph (d) was initially adopted January 
18, 1924, and was amended on January 6, 1987 (H. Res. 5, p. 6) 
(requiring one calendar day's notice before calling up a special order 
eligible under the rule. What is now paragraph (e) was amended 
December 8, 1931 (VIII, 2268), January 3, 1949 (p. 16) 
(establishing the so-called ``21-day rule''), January 3, 
1951 (p. 18) (abolishing the ``21-day rule''), January 4, 
1965 (p. 24) (reestablishing the ``21-day rule''), January 
10, 1967 (H. Res. 7, p. 28) (abolishing the ``21-day 
rule''). Technical changes to this provision were effected 
on January 3, 1975 (H. Res. 988, Oct. 8, 1974, p. 34470). 
A special order reported from the Committee on Rules and not called up 
within seven legislative days may be called up by any member of that 
committee, including a minority member (Nov. 13, 1979, p. 32185; May 6, 
1982, p. 8905).




Sec. 862.

  (f)  If the House has adopted a resolution making 
in order a motion to consider a bill or resolution, and such a motion 
has not been offered within seven calendar days thereafter, such a 
motion shall be privileged if offered by direction of all reporting 
committees having initial jurisdiction of the bill or resolution.



[[Page 634]]

this subparagraph is normally inapplicable in light of clause 2(b) of 
rule XVIII, which provides for the House resolving into the Committee of 
the Whole by declaration of the Speaker pursuant to a special order of 
business rather than by adoption of a motion.

  This provision was contained in section 109 of the Legislative 
Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules 
in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Before the House 
recodified its rules in the 106th Congress, this provision was found in 
former clause 2(l)(7) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). In 
modern practice,




Sec. 863. Specifying waivers.

  (g)  Whenever the Committee on 
Rules reports a resolution providing for the consideration of a measure, 
it shall (to the maximum extent possible) specify in the resolution the 
object of any waiver of a point of order against the measure or against 
its consideration.



Resolutions of inquiry
  This provision (former clause 4(e) of rule XI) was adopted in this 
form in the 104th Congress (sec. 211, H. Res. 6, Jan. 4, 1995, p. 468). 
Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 4(e) of rule XI (H. Res. 5, Jan. 6, 
1999, p. ----).




864. Resolution of inquiry.

  7. A  report on a resolution of 
inquiry addressed to the head of an executive department may be filed 
from the floor as privileged. If such a resolution is not reported to 
the House within 14 legislative days after its introduction, a motion to 
discharge a committee from its consideration shall be privileged.


  The House has exercised the right, from its earliest days, to call on 
the President and heads of departments for information. The first rule 
on the subject was adopted in 1820 for the purpose of securing greater 
care and deliberation in the making of requests. The present form of 
rule, in its essential features, dates from 1879 (III, 1856), while the 
time period for a committee to report was extended from one week to 14 
legislative days in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). 
Before the House recodified its rules in the 106th Congress, this 
provision was found in former clause 5 of rule XXII (H. Res. 5, Jan. 6, 
1999, p. ----).


[[Page 635]]

``request'' in asking for information from the President and ``direct'' 
in addressing the heads of departments (III, 1856, footnote, 1895). It 
is usual for the House in calling on the President for information, 
especially with relation to foreign affairs, to use the qualifying 
clause ``if not incompatible with the public interest'' (II, 1547; III, 
1896-1901; V, 5759; VI, 436). But in some instances the House has made 
its inquiries of the President without condition, and has even made the 
inquiry imperative (III, 1896-1901). Resolutions of inquiry are 
delivered under direction of the Clerk (III, 1879) and are answered by 
subordinate officers of the Government either directly or through the 
President (III, 1908-1910).


Sec. 865. Forms of resolutions of inquiry and 
delivery thereof.

  Resolutions of  inquiry are usually simple rather than concurrent in 
form (III, 1875), and are never joint resolutions (III, 1860). A 
resolution authorizing a committee to request information has been 
treated as a resolution of inquiry (III, 1860). It has been considered 
proper to use the word




Sec. 866. Privileged status of resolutions of 
inquiry.

  The practice of  the House gives to resolutions of inquiry a privileged 
status. Thus, they are privileged for report and consideration at any 
time after their reference to a committee (III, 1870; VI, 413, 414), but 
not before (III, 1857), and are in order for consideration only on 
motion directed to be made by the committee reporting the same (VI, 413; 
VIII, 2310). They are privileged for consideration on ``Suspension 
days'' and took precedence of the former Consent Calendar (VI, 409) 
before its abolishment in the 104th Congress (H. Res. 168, June 20, 
1995, p. 16574), but are not in order on Calendar Wednesday (VII, 896-
898). And only resolutions addressed to the President and the heads of 
the executive departments have the privilege (III, 1861-1864; VI, 406). 
To enjoy the privilege a resolution should call for facts rather than 
opinions (III, 1872, 1873; VI, 413, 418-432; July 7, 1971, pp. 23810-
11), should not require investigations (III, 1872-1874; VI, 422, 427, 
429, 432), and should not present a preamble (III, 1877, 1878; VI, 422, 
427); but if a resolution on its face calls for facts, the Chair will 
not investigate the probability of the existence of the facts called for 
(VI, 422). However, a resolution inquiring for such facts as would 
inevitably require the statement of an opinion to answer such inquiry is 
not privileged (Speaker Longworth, Feb. 11, 1926, p. 3805).


  Questions of privilege (as distinguished from privileged questions) 
have sometimes arisen in cases wherein the head of a department has 
declined to respond to an inquiry and the House has desired to demand a 
further answer (III, 1891; VI, 435); but a demand for a more complete 
reply (III, 1892) or a proposition to investigate as to whether or not 
there has been a failure to respond may not be presented as involving 
the privileges of the House (III, 1893).


[[Page 636]]

of resolutions of inquiry (III, 1866-1870). And this motion to discharge 
is privileged at the end of the time period, though the resolution may 
have been delayed in reaching the committee (III, 1871). The motion to 
discharge is not debatable (III, 1868; VI, 415). However, if the motion 
is agreed to, the resolution is debatable under the hour rule unless the 
previous question is ordered (VI, 416, 417). If a committee reports a 
privileged resolution of inquiry (favorably or adversely), it may then 
be called up only by an authorized member of the reporting committee and 
not by another Member of the House (VI, 413; VIII, 2310). The Member 
calling up a privileged resolution of inquiry reported from committee is 
recognized to control one hour of debate and may move to lay the 
resolution on the table during that time (July 7, 1971, pp. 23807-10; 
Oct. 20, 1971, pp. 37055-57).


Sec. 867. Discharge of a committee from a 
resolution of inquiry.

  Committees are  required to report resolutions of inquiry back 
to the House within one week (now 14 days) of the reference, and this 
time is construed to be legislative days (VIII, 3368; Speaker Rayburn, 
Feb. 9, 1950, p. 1755) exclusive of either the first or last day (III, 
1858, 1859). If a committee refuses or neglects to report the resolution 
back, the House may reach the resolution only by a motion to discharge 
the committee (III, 1865). The ordinary motion to discharge a committee 
is not privileged (VIII, 2316); but the practice of the House has given 
privilege to the motion in cases







Sec. 868. Resolutions of inquiry as related to 
the Executive.

  The President  having failed to respond to a resolution of inquiry, 
the House respectfully reminded him of the fact (III, 1890). In 1796 the 
House declared that its constitutional requests of the Executive for 
information need not be accompanied by a statement of purposes (II, 
1509). As to the kind of information which may be required, especially 
as to the papers that may be demanded, there has been much discussion 
(III, 1700, 1738, 1888, 1902, 1903; VI, 402, 435). There have been 
several conflicts with the Executive (II, 1534, 1561; III, 1884, 1885-
1889, 1894) over demands for papers and information, especially when the 
resolutions have called for papers relating to foreign affairs (II, 
1509-1513, 1518, 1519).