    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Rules of the House of Representatives]
    [Pages 607-641]
    [From the U.S. Government Publishing 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:

    [[Page 608]]

    United States for money or property, or referring a claim to the Court
    of Claims.
          (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

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

          (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. 47), 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 609]]

    ment 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 (formerly 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).

      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 entitle

    Sec. 830. Motion to discharge.

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

    Filing and printing of reports
      From the 106th Congress through the 108th Congress, paragraph (b) was
    occupied by a cross reference to the Corrections Calendar. The provision
    was added when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. 47) and was stricken when the Corrections
    Calendar was abolished in the 109th Congress (sec. 2(f), H. Res. 5, Jan.
    4, 2005, p. ----). Before the House recodified its rules in the 106th
    Congress, the current paragraph (b) was found in former clause 5 of rule
    XIII (H. Res. 5, Jan. 6, 1999, p. 47).

    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.

    [[Page 610]]

    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.

      An erstwhile form of the rule applied to nonprivileged reports only
    (VI, 411). 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. 47).

      Even when reported adversely, a resolution of inquiry is privileged,
    is presented from the floor (unless filed with the Clerk under clause
    2(c)), and is referred to the House Calendar (e.g., June 16, 2004, p. --
    --).

    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. 47).
    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). However, for
    various availability and layover requirements in the rules, see clause 6
    of rule X (Sec. 764, supra), clauses 4, 5, and 6 of rule XIII
    (Sec. Sec. 850-852, Sec. 853, Sec. 857, infra, respectively), and clause
    8 of rule XXII (Sec. 1082, infra). See also clause 3(a)(2) of rule XIII
    (Sec. 838, infra) which excepts from the availability requirements of
    clause 4 supplemental reports to correct a technical error in the
    depiction of record votes in a committee report.

      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.

      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).

    [[Page 611]]

    necessary to bring the measure or matter to a vote.

    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

    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 612]]

      Subparagraph (1) (formerly 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) (formerly 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 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.
    47).

      Absent a special order of the House, committee reports must be
    submitted while the House is in session, except as permitted under
    clause 2(c) of rule XIII with respect to the guaranteed time 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.

    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 provision was found in former clause 2(l)(5)
    of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).

    [[Page 613]]

    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 or clause 6 concerning the availability of
    reports.

      Clause 3 (formerly 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. 47). The last
    sentence of subparagraph (2) was added in the 107th Congress (sec. 2(k),
    H. Res. 5, Jan. 3, 2001, p. 25). A technical correction to subparagraph
    (1)(B) was effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7,
    2003, p. ----).

    [[Page 614]]

    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.

    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,

      The requirement of subparagraph (b) (formerly 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.
    19318). 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. 47). 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). A question alleging that a committee report
    contained descriptions of recorded votes (as required by this clause)
    that deliberately mischaracterized certain amendments and directing the
    chairman of the committee to file a supplemental report to change those
    descriptions was held to constitute a question of privileges of the
    House (May 3, 2005, p. ----).

    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 615]]

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

          (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.

      This provision (formerly 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) (formerly 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)
    (formerly 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. 47). 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.
    25).

    [[Page 616]]

    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.

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

    [[Page 617]]

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

          (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 618]]

    (formerly 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. 47). 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. 47).
      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)
    (formerly 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 amended 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)

      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 619]]

    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 part thereof with a recommendation that the
    bill or joint resolution be amended, the comparative print required by
    subparagraph (1) shall reflect

      The first part of this paragraph (formerly clause 3) was adopted
    January 28, 1929 (VIII, 2234), was redesignated January 3, 1953 (p. 24),
    and subparagraph (2) (formerly a 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. 47).

      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).

      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).

    [[Page 620]]

      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 (formerly 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. 25). 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. 47).

    [[Page 621]]

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

          (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 (formerly 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. 47).

    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 622]]

    ment of the bill into law, but not itself repealing or amending any rule
    (May 27, 1993, p. 11597).

      This provision (formerly 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. 47).
    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 business resolution providing for the consideration
    of a bill with textual modifications that would effect certain changes
    in House rules on enact

    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). It was transferred to
    this paragraph when the House recodified its rules in the 106th Congress
    (H. Res. 5, Jan. 6, 1999, p. 47).

      (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;

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

    [[Page 623]]

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

      (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. 47).

    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 available to Members, Delegates, and the
    Resident Commissioner.

    [[Page 624]]

      (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(j)(1) of rule X reported by the Committee on House
    Administration considered under clause 6 of rule X;

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

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

          (E) 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 625]]

      (b) A committee that reports a measure or matter shall make every
    reasonable effort to have its hearings thereon (if any) printed and
    available for distribution to Members, Delegates, and the Resident
    Commissioner before the consideration of the measure or matter in the
    House.

      This provision (formerly 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.
    47). Subparagraph (2)(C) was added in the 107th Congress (sec. 2(n), H.
    Res. 5, Jan. 3, 2001, p. 25). In the 109th Congress a conforming change
    to subparagraph (2)(B) was effected and a subdivision was deleted as
    obsolete upon the repeal of the Corrections Calendar (sec. 2(a), H. Res.
    5, Jan. 4, 2005, p. ----).

    [[Page 626]]

    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. 24680, with respect to impeachment reports; and Feb.
    12, 1998, p. 1323, 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. 25).-
      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
    (formerly 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, 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

    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 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 627]]

    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. 47). 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(j)(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 628]]

          (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. 47). 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. 47). A conforming change to subparagraph (3) was effected in
    the 109th Congress (sec. 2(a) H. Res. 5, Jan. 4, 2005, p. ----).

    [[Page 629]]

    (IV, 4621), and by giving this privilege the most important matters of
    business 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). Before 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

    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 630]]

    3071). But the Speaker has declined to allow a call of committees to be
    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,

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

    [[Page 631]]

    The Committee on Rules also has reported as privileged a joint
    resolution 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 the provisions in Jefferson's Manual on
    reconsideration (Sec. 513, supra) 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 (formerly 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 (formerly 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).

      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 was
    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 construed not to apply 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
    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 before the 94th Congress, motions
    to consider revenue bills and appropriation bills were of equal
    privilege (IV, 3075, 3076).

    [[Page 632]]

    719, 720). The motion could be made on a ``suspension day'' as on other
    days (IV, 3080); and on consent days the call of the former Consent
    Calendar (abolished in the 104th Congress) took precedence of the motion
    (VII, 986). On Wednesdays the privilege of the motion is limited by
    clause 6 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).

    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,

    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 633]]

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

          (1) a rule or order proposing that business under clause 6 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.

    [[Page 634]]

      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 (formerly clause 4(b) of rule XI) was adopted in 1892 (IV, 4621)
    and was 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. 47). A conforming change to paragraph
    (c)(1) was effected in the 109th Congress (sec. 2(f), H. Res. 5, Jan. 4,
    2005, p. ----). For rulings under the earlier form of the rule, see
    Sec. 859, infra.

      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, but a report properly filed by the committee at any time before
    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).

      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 (formerly 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 635]]

    1975, p. 8418), or which would otherwise establish an exclusive
    procedure for consideration of a particular type of measure (Speaker
    O'Neill, Apr. 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,

      For a discussion of the Speaker's announced policy with respect to his
    entertaining unanimous-consent requests in the House to alter a special
    order previously adopted by the House, see Sec. 956, infra. For a
    discussion of the unanimous-consent requests that may not be entertained
    in the Committee of the Whole if their effect is to materially modify
    procedures required by a special order adopted by the House, see
    Sec. 993, infra.

    [[Page 636]]

    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, pp. 15366, 15374; 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 (VIII, 2267; Speaker Foley, June 21, 1990, p. 15229). See
    Deschler, ch. 21, Sec. 26.11; see generally Deschler, ch. 23, Sec. 25.

    [[Page 637]]

    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.

    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 638]]

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

      (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. 47). 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 639]]

    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. 47). In
    modern practice, 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

    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 (formerly 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. 47).

    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. 47).

    [[Page 640]]

    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 ``request'' in asking for information from the
    President and ``direct'' in addressing the heads of departments (III,
    1856, footnote, 1895). It is usual

    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 641]]

    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 before or after 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 the day of introduction and the day
    of discharge (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 of resolutions
    of inquiry (III, 1866-1870). And this motion to discharge is privileged
    at the end of the time period, though

    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).