    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Rules of the House of Representatives]
    [Pages 627-662]
    [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 628]]

          (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.

          (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 a bill to a calendar is governed
    by the text of the bill as referred to committee, 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 did not remain on the calendar from Congress to
    Congress, even when a law seemed 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 629]]

    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
    when 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), the Speaker 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

    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. 43). 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. 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) 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 630]]

    Sec. 832. Adverse reports.

      (2)  A bill or resolution reported
    adversely (other than those filed as privileged) 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.

      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), but the 111th Congress reversed an inadvertent
    change to paragraph (a)(2) to restore its application to nonprivileged
    reports only (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9) (contrast the
    1999 codification with its predecessor in form; 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. 47).
    Former clause 2 of rule XVIII was adopted in 1880 (V, 5647).

      The House insists on its requirement that all reports 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
    clauses 4 and 6 supplemental reports to correct a technical error in the
    depiction of record votes in a committee report.

      Unless filed with a report pursuant to clause 2(c) or rule XIII,
    minority, supplemental, or additional views may be presented only with
    the consent of the House (IV, 4600; VIII, 2231, 2248).

      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 631]]

    Sec. 834. Chair's duty.

      (b)(1)  It shall be the duty of the
    chair 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 chair
    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 632]]

      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 chair 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). Gender-
    based references were eliminated in the 111th Congress (sec. 2(l), H.
    Res. 5, Jan. 6, 2009, p. 7). 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 (e.g., Mar. 30, 2012, p. _),
    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 633]]

    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). 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. 7).

    [[Page 634]]

      Except as provided in subparagraph (2), a supplemental report is
    subject to three-day availability under clause 4 of this rule (Deschler,
    ch. 17, Sec. 64.1). A committee may file a supplemental report pursuant
    to subparagraph (2) to correct a technical error in the depiction of a
    bill number in the portion of the report regarding congressional
    earmarks, targeted tax benefits, and targeted tariff benefits under
    clause 9 of rule XXI (July 30, 2010, p. _).

    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 Ethics.

      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
    expanded 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). An exception for the
    Committee on Standards of Official Conduct (now Ethics) was adopted in
    the 105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. 19318) and
    expanded to include the Committee on Rules in the 110th Congress (sec.
    503, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007). This
    paragraph was amended in the 112th Congress to reflect a change in
    committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, 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. 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 chair
    of the committee to file a supplemental report to change those
    descriptions was held to constitute a question of the privileges of the
    House (May 3, 2005, pp. 8417, 8418).

    [[Page 635]]

    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.

          (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 relevant programs to the appropriate levels under
    current law.

          (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 636]]

    ment 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).
      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
    Enforce

    Sec. 840a. Duplication of Federal programs.

      The  House in the
    113th Congress required each report accompanying a bill or joint
    resolution to include a statement of whether the measure established or
    reauthorized a program of the Federal government known to be duplicative
    of another such program (sec. 3(j), H. Res. 5, Jan. 3, 2013, p. _).

    Sec. 840b. Directed rule making.

      The  House in the 113th
    Congress required each report accompanying a bill or joint resolution to
    include a statement estimating the number of directed rule makings
    required by the measure (sec. 3(k), H. Res. 5, Jan. 3, 2013, p. _).

    Sec. 841. Estimate of cost.

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

          (1)(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);

          (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.

    [[Page 637]]

    agency, establishment, wholly owned Government corporation, or
    instrumentality of the Federal Government or the government of the
    District of Columbia.
          (2)(A) In subparagraph (1) the term ``Government agency'' includes
    any department,

          (B) Subparagraph (1) does not apply to the Committee on
    Appropriations, the Committee on House Administration, the Committee on
    Rules, or the Committee on Ethics, 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).

      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 (2)(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 if 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 (2)(B) (formerly clause 7(d)) was amended to
    reflect a change in committee name (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 effect a technical change (Budget Enforcement Act of 1997
    (sec. 10116, P.L. 105-33)). In the 112th Congress subparagraphs (2) and
    (3) were redesignated when a former subparagraph (1) was repealed (sec.
    2(a)(2), H. Res. 5, Jan. 5, 2011, p. _) and subparagraph (2)(B) was
    amended to reflect a change in committee name (sec. 2(e)(8), H. Res. 5,
    Jan. 5, 2011, p. _). 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).

    [[Page 638]]

      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. 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. Former constitutional authority requirement
    and inflationary impact requirement.

      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), required an analytical statement of inflationary impact. It
    was converted in the 105th Congress to require a statement of
    constitutional authority (H. Res. 5, Jan. 7, 1997, p. 121) and was
    repealed in the 112th Congress in conjunction with the establishment of
    clause 7(c) of rule XII (sec. 2(a)(2), H. Res. 5, Jan. 5, 2011, p. _).
    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. 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

    [[Page 639]]

    amendment to be clearly understood, showing by appropriate typographical
    devices the omissions and insertions proposed.
          (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, and adjacent provisions if useful to
    enable the intent and effect of the

      (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 changes in existing law proposed to
    be made by the bill or joint resolution as proposed to be amended.

      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). Subparagraph (1)(B) was amended in the
    113th Congress to promote the inclusion of adjacent provisions (sec.
    2(d), H. Res. 5, Jan. 3, 2013, p. _). 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).
    Although 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).

    [[Page 640]]

    the purview of the rule the bill must seek to repeal or amend
    specifically an existing law (VIII, 2235, 2239, 2240).
      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 if 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

      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.

    [[Page 641]]

    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).

      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.

      (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 642]]

    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
    that 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 enactment 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

    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 chair 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
    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). A gender-based reference was eliminated in
    the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).

    [[Page 643]]

      (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

          (iii) the chair 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.

    [[Page 644]]

    Availability of reports-
      This requirement of a macroeconomic analysis of any tax proposal
    replaced a provision that authorized the chair of the Committee on Ways
    and Means to request the Joint Committee on 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. 7). 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). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    7).

    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.

      (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(k)(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

    [[Page 645]]

    agency, establishment, wholly owned Government corporation, or
    instrumentality of the Federal Government or of the government of the
    District of Columbia.
          (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,

      (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 subdivision was
    deleted as obsolete upon the repeal of the Corrections Calendar and in
    that Congress and in the 112th conforming changes to subparagraph (2)(B)
    were effected (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8),
    H. Res. 5, Jan. 5, 2011, p. _).

    [[Page 646]]

    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
    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).-
      This availability requirement is not applicable to privileged reports
    from the Committee on Rules or to bills before the House that 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

    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 that are privileged (such as a
    resolution authorizing the printing of material as a House document),
    but that do not constitute questions of the privileges of the House, are
    subject to this clause (Speaker Albert, Mar. 6, 1975, p. 5537).

    [[Page 647]]

    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.

    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, either 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.

    [[Page 648]]

          (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(k)(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.

          (5) The Committee on Ethics, 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.

    [[Page 649]]

    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, 106th, and
    112th Congresses, it was amended to reflect a change in committee name
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999,
    p. 47; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, 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. 47).
    Conforming changes to paragraph (a)(3) were effected in the 109th and
    112th Congresses (sec. 2(a) H. Res. 5, Jan. 4, 2005, p. 42; sec.
    2(e)(8), H. Res. 5, Jan. 5, 2011, p. _).
      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), again on February 2, 1951 (p. 883), and yet again 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 Natural 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,

    [[Page 650]]

    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 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 (now Ethics) 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

    Sec. 854. Privileged reports defined.

      The  matters reported
    under the provisions of this clause are denominated ``privileged
    reports'' or ``privileged questions,'' and because the privilege relates
    merely to the order of business under the rules, they must be
    distinguished from ``questions of privilege'' that 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
    that are privileged under the rules (III, 2426-2530; V, 6454; VIII,
    3465).

      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). The Speaker has declined to allow a call
    of committees to be interrupted by a privileged report (IV, 3132). The
    presence of nonprivileged 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).

    [[Page 651]]

    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). 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 that 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

      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 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).

    [[Page 652]]

    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).

    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

    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 over the
    motion to resolve into Committee of the Whole House to consider the
    Private Calendar (IV, 3082-3085; VI, 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). 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 over 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).

    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;

    [[Page 653]]

          (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 but may not entertain any other
    dilatory motion until the report shall have been disposed of.

      (c) The Committee on Rules may not report 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 joint resolution for which the text of a
    House-passed measure has been substituted.

    [[Page 654]]

    which the text of a House-passed measure is being substituted (sec. 210,
    H. Res. 6, Jan. 4, 1995, p. 468). In the 111th Congress paragraph (c)
    was amended to remove a restriction on the authority of the committee
    with regard to Calendar Wednesday business under clause 6 of rule XV
    (sec. 2(e), H. Res. 5, Jan. 6, 2009, p. 7). 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) was effected in the 109th Congress (sec. 2(f),
    H. Res. 5, Jan. 4, 2005, p. 43), a technical change to paragraph (b) was
    effected in the 110th Congress (sec. 505(b), H. Res. 6, Jan. 4, 2007, p.
    19 (adopted Jan. 5, 2007)), and a technical change to paragraph (c) was
    effected in the 112th Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, p.
    _). For rulings under the earlier form of the rule, see Sec. 859, infra.
      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 that 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 a 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

      A privileged report from the Committee on Rules, other than one filed
    during the last three days of a session (Dec. 31, 1970, p. 44292; Jan.
    1, 2013, p. _), 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 vote
    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 Committee on Rules 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).

    [[Page 655]]

    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
    that 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; H. Res. 5, Jan. 4, 2007, p.
    7).
      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 over it,
    even when the previous question and the yeas and nays 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

      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 that 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 that 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, if 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).

      For a discussion of the Speaker's announced policy with respect to
    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 656]]

    mittee 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 led the opposition to the previous question is accorded
    priority in 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 thereto without 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 reconsider 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. 11,
    2008, p. 3740; June 24, 2009, p. _) and may be offered immediately after
    the reading of the resolution (Mar. 20, 2002, pp. 3671, 3672) but may
    not be made when another Member has the floor (Sept. 27, 1993, p.
    22608). If 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 Com

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

    [[Page 657]]

    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.

    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);

      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., a special order providing that
    a concurrent resolution correcting the enrollment of a bill within the
    jurisdiction of another committee be considered 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 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 exchange of correspondence between the chair and ranking
    minority member of the Committee on Rules regarding this practice, see
    January 24, 1996, pp. 1228, 1229.

      A special order of business reported by the Committee on Rules
    directing the Clerk to refrain from certifying an enrollment pending the
    resolution of a given contingency does not violate clause 2(d)(2) (Apr.
    13, 2011, p. _).

    Sec. 860. Unfunded mandates; congressional
    earmarks.

      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 ``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 (sec. 426(a); 2 U.S.C. 658e(a)). See Sec. 1127, infra.

    [[Page 658]]

      Clause 9 of rule XXI establishes a point of order against
    consideration of certain measures for failure to disclose (or disclaim
    the presence of) certain earmarks, tax benefits, and tariff benefits
    (paragraphs (a) and (b)), and permits a vote on the question of
    consideration of a rule or order waiving such points of order (paragraph
    (c)). See Sec. 1068d, infra.

    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 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.

    [[Page 659]]

    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).

      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). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. 7). 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

    Sec. 862. Privileged motion.

      (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.

      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 by declaration of the Speaker pursuant to a
    special order of business rather than by adoption of a motion.

    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 accompanying
    report any waiver of a point of order against the measure or against its
    consideration.

    Resolutions of inquiry
      This provision was adopted in the 104th Congress (sec. 211, H. Res. 6,
    Jan. 4, 1995, p. 468). It was amended in the 113th Congress to shift the
    specification of any waiver from the resolution to the accompanying
    report (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). 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).

    [[Page 660]]

    ported to the House within 14 legislative days after its introduction, a
    motion to discharge a committee from its consideration shall be
    privileged.

    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 re

      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), although
    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).

    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 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).

    [[Page 661]]

    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).

    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'' (except on Calendar Wednesday (VII, 896-898)) 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). 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

      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).

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

      Committees are  required to report resolutions of inquiry back
    to the House within a prescribed timeframe (formerly one week, now 14
    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 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).

    [[Page 662]]

    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 that 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).