    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
    [115th Congress]
    [House Document 114-192]
    [Rules of the House of Representatives]
    [Pages 638-674]
    [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:

          (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, or releasing any liability to the United
    States for money or property.

    [[Page 639]]

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

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

      This provision was adopted in 1880 and amended in 1911 (VI, 742); but
    as early as 1820 a rule was adopted creating calendars for the
    Committees of the Whole. Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. 47), including a change in subparagraph (3) from the
    ``Calendar of the Committee of the Whole House'' to the ``Private
    Calendar.'' Subparagraph (1) was amended in the 115th Congress to
    exclude measures referring a claim to the Court of Claims (sec. 2(n), H.
    Res. 5, Jan. 3, 2017, p. _). Bills not requiring consideration in the
    Committee of the Whole were considered when reported, but in 1880 the
    House Calendar was created to remedy delays 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 the 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 640]]

    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 rule XII (formerly
    clause 5 of rule X), authorizing and directing the Speaker

    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.

    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.

    [[Page 641]]

    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).
      A technical amendment was effected by the 93d Congress (H. Res. 988,
    Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected
    when

    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, additional, and dissenting views are signed by
    those submitting them (IV, 4671; VIII, 2229; see clause 2(l) 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 5 and 6 of rule XIII
    (Sec. 850, Sec. 851, 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), minority,
    supplemental, additional, or dissenting 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
    Director of the Government Publishing Office 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 642]]

    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 643]]

      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 paragraph (c) (Sec. 836, infra). A motion to
    permit a committee to file while the House is not in session is not
    available (Dec. 17, 1982, p. 31951).

    Sec. 836. Filing with separate views.

      (c)  All supplemental,
    minority, additional, or dissenting 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, additional, or
    dissenting views as provided in clause 2(l) of rule XI.

    [[Page 644]]

    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). The paragraph was amended in the
    114th Congress to include dissenting views to mirror an amendment to
    clause 2(l) of rule XI (sec. 2(a)(5), H. Res. 5, Jan. 6, 2015, p. _).
    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).

    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, additional, or
    dissenting 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, additional, or dissenting 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.

    [[Page 645]]

    Congress to include dissenting views to mirror an amendment to clause
    2(l) of rule XI (sec. 2(a)(5), H. Res. 5, Jan. 6, 2015, p. _).
      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, additional, or dissenting
    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). Subparagraphs (1)(A) and
    (1)(B) were amended in the 114th

      Except as provided in subparagraph (2), a supplemental report is
    subject to three-day availability under clause 4 (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. 14834).

    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.

    [[Page 646]]

    ing 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).

      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). An
    exception for certain reports by the Committee on Rules was adopted in
    the 110th Congress (sec. 503, H. Res. 6, Jan. 4, 2007, p. 19 (adopted
    Jan. 5, 2007) and repealed in the 112th Congress (sec. 2(c)(10), H. Res.
    5, Jan. 5, 2011, p. 80). 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. 80). 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 Publishing 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 direct

    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 647]]

    the most recent Catalog of Federal Domestic Assistance (published
    pursuant to section 6104 of title 31, United States Code) identified
    other programs related to the program established or reauthorized by the
    measure.

          (5) On a bill or joint resolution that establishes or reauthorizes
    a Federal program, a statement indicating whether any such program is
    known to be duplicative of another such program, including at a minimum
    an explanation of whether any such program was included in a report to
    Congress pursuant to section 21 of Public Law 111-139 or whether

      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 (now Oversight and 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). Subparagraph (5)
    was added in the 115th Congress (sec. 2(d), H. Res. 5, Jan. 3, 2017, p.
    _), codifying part of a separate order adopted by the House in the 113th
    and 114th Congresses (sec. 3(j), H. Res. 5, Jan. 3, 2013, p. _; sec.
    3(g), H. Res. 5, Jan. 6, 2015, p. _).

    [[Page 648]]

    Sec.  840a. Directed rule making.

      The  House in the 113th and
    114th Congresses 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. 3(i), H. Res. 5, Jan. 6, 2015, p. _), and the 115th Congress
    required instead a list of such rule makings (sec. 3(i), H. Res. 5, Jan.
    3, 2017, 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.

          (2)(A) In subparagraph (1) 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.

    [[Page 649]]

    Congressional Budget Act of 1974 has been included in the report under
    paragraph (c)(3).

          (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

      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. 80) and subparagraph (2)(B) was
    amended to reflect a change in committee name (sec. 2(e)(8), H. Res. 5,
    Jan. 5, 2011, p. 80). 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).

      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).

    [[Page 650]]

    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. 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)

    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. 80).
    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 (showing by appropriate typographical devices the
    omissions and insertions proposed)--

          (A) the entire text of each section of a statute that is proposed
    to be repealed; and

          (B) a comparative print of each amendment to the entire text of a
    section of a statute that the bill or joint resolution proposes to make.

      (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.

    [[Page 651]]

    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. _). Subparagraphs (1)(A) and (1)(B) were
    amended in the 114th Congress to require the inclusion of the entire
    text of a section proposed to be repealed or amended in addition to the
    existing requirement for a comparative print (sec. 2(f), H. Res. 5, Jan.
    6, 2015, p. _), but the 115th Congress provided that the material
    required by both subparagraphs was to be included in a single
    comparative print (sec. 2(o), H. Res. 5, Jan. 3, 2017, 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).
    For a separate requirement for a comparative print prior to
    consideration, see clause 12 of rule XXI (Sec. 1068k, infra).
      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

      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).

      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).
    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). The rule applies to appropriation bills that include
    legislative provisions (VIII, 2241) and reports on appropriation bills
    are also subject to the requirements of paragraph (f), regarding direct
    or indirect changes in the application of existing law.

      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 652]]

      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 653]]

      (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 of changes to standing
    rules.

      (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 654]]

    effect certain changes in House rules on enactment of the bill into law
    (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 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 that does not itself repeal or
    amend any rule but rather provides for consideration of a bill with
    textual modifications that would

    Sec. 849. Tax complexity analysis.

      (h)   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--

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

          (2) 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 as a former subparagraph (1) 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). In the 114th Congress, designations were changed
    when a former subparagraph (2) was repealed (see Sec. 849a, infra) and
    an archaic reference to the name of the joint committee was updated
    (sec. 2(h), H. Res. 5, Jan. 6, 2015, p. _).

    [[Page 655]]

    Availability of reports-

    Sec. 849a. Former macroeconomic impact analysis
    and dynamic estimate required.

      A requirement  that macroeconomic analysis be included
    in the committee report for certain tax measures was repealed in the
    114th Congress (sec. 2(c)(2), H. Res. 5, Jan. 6, 2015, p. _). For its
    text and history, and the history of a former provision on dynamic
    scoring, see Sec. 849 of the House Rules and Manual for the 113th
    Congress (H. Doc. 112-161). For a current provision on macroeconomic
    analysis, see Sec. 868a, infra.

    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 656]]

    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. 80).

    [[Page 657]]

    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
    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;
    but see clause 11 of rule XXI for availability requirements for
    unreported measures). The Committee on Rules has the authority under
    clause 5(a) (formerly clause 4(a) of rule XI) to report a special order
    making in order

    Sec. 851. Oneday layover.

      A committee  expense resolution
    reported by the Committee on House Administration pursuant to clause 5
    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).

    Privileged reports, generally

    Sec. 852. Former rule on printed hearings on
    appropriation bills.

      A former  paragraph (c), prohibiting consideration of
    general appropriation bills until the third calendar day on which
    printed hearings had been available, was repealed in the 114th Congress
    (sec. 2(a)(8), H. Res. 5, Jan. 6, 2015, p. _). For its text and history,
    see Sec. 852 of the House Rules and Manual for the 113th Congress (H.
    Doc. 112-161).

    [[Page 658]]

    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(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.

    [[Page 659]]

    Resident Commissioner under clause 4 or concerning the timing of its
    consideration under clause 6.

      (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

      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, 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. 80). 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. 80).

    [[Page 660]]

    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 this rule) (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) of rule XI (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.Today: (1) reports from the Committee on Rules on rules, joint
    rules, and the order of business under clause 6 of this rule; (2)
    reports from the Committee on House Administration on committee expense
    resolutions under clause 5(a) of this rule; (3) 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 (4) reports on the official conduct of a Member (e.g., H.
    Res. 31, Jan. 21, 1997, p. 393), are exempt from the requirements of
    clause 4 of this rule (former clause 2(l)(6) of rule XI) (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). Other committees enumerated in this
    clause may still utilize the privilege after the report on the bill or
    resolution has been available for at least three calendar days
    (excluding Saturdays, Sundays, and legal holidays except when the House
    is in session on such a day). Once called up for consideration, the
    matter so reported remains privileged until disposed of (IV, 3145). The
    House proceeds to the consideration of privileged questions only on
    motion directed to be made by the several committees reporting such
    questions (VIII, 2310). Privileged questions reported adversely have the
    same status so far as their privilege is concerned as those reported
    favorably (VI, 413; VIII, 2310).
      At the time these privileges originated all reports were made on the
    floor, and often with great difficulty because of the pressure of
    business (IV, 4621), and by giving this privilege the most important
    matters of 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 may be filed at any time when the House is in
    session, including during

    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).

    [[Page 661]]

    matter, privilege may not be created by a committee amendment in the
    nature of a substitute not containing the nonprivileged matter (IV,
    4623).
      Privileged questions interrupt the regular order of business as
    established by former rule XXIV (current rule XIV), but when they are
    disposed of the regular order continues on from the point of
    interruption (IV, 3070, 3071). 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

    [[Page 662]]

    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 that a Senate amendment pending at the
    Speaker's table and otherwise requiring consideration in the 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)

      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 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).

    Sec. 856. Privileged motion for consideration of
    appropriation bills; formerly also revenue 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. Although bills raising revenue were given equal precedence by
    that rule (IV, 3075, 3076), the authority for the Committee on Ways and
    Means to report such bills as privileged under former clause 4(a) of
    rule XI was eliminated by the Committee Reform Amendments of 1974,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), and the obsolete corresponding reference to revenue bills was
    deleted from former clause 9 of rule XVI in the 104th Congress (H. Res.
    254, Nov. 30, 1995, p. 35077) (see Sec. 853, supra). Although the
    authority for the Committee on Appropriations to report as privileged
    general appropriation bills remains in clause 5 of rule XIII, the
    corresponding privileged motion in former clause 9 of rule XVI was
    deleted in recodification as redundant to this rule (H. Res. 5, Jan. 6,
    1999, p. 47).

    [[Page 663]]

    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 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

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

    [[Page 664]]

    ignee, except with respect to a Senate bill or joint resolution for
    which the text of a House-passed measure has been substituted.

      (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 des

      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 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. 80). For rulings
    under the earlier form of the rule, see Sec. 859, infra.

    [[Page 665]]

    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).
      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

      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).

      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 prohibition against divisibility in
    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).

    [[Page 666]]

    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).
      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).

      For a discussion of the Speaker's announced policy with respect to
    entertaining unanimous-consent requests in the House to alter a special
    order of business 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 of business
    adopted by the House, see Sec. 993a, infra.

    [[Page 667]]

    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) and may be offered immediately after the reading of the resolution
    (Mar. 20, 2002, pp. 3671, 3672; June 24, 2009, pp. 16078, 16079) 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) the motion to postpone to a day certain (Oct. 9, 1986, p.
    29972); and (3) 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) or a motion to postpone to a day certain (July 12,
    2016, p. _). 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 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
    Chair will not respond to a parliamentary inquiry to prejudge who would
    be recognized as the leader of opposition to the previous question in
    the event it were rejected (Oct. 26, 2015, p. _). 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,

      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 668]]

    other 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 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 an

      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) of
    rule II (Apr. 13, 2011, p. 5873).

    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.

      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.

    [[Page 669]]

    the House intention to do so. The Speaker shall recognize a member of
    the committee who seeks recognition for that purpose.

    Sec. 861. Filing reports.

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

      (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). 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) and a mobility-based reference was
    eliminated in the 115th Congress (sec. 2(e), H. Res. 5, Jan. 3, 2017, p.
    _). 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; Sept.
    25, 1980, p. 27418; May 6, 1982, p. 8905).

    [[Page 670]]

    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).

    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.

    [[Page 671]]

    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).
      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 the
    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

    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).

    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 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).

    [[Page 672]]

      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).

    Estimates of major legislation

    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).

    [[Page 673]]

    868a. Macroeconomic analysis.

      8. (a)  An estimate provided
    by the Congressional Budget Office under section 402 of the
    Congressional Budget Act of 1974 for any major legislation shall, to the
    extent practicable, incorporate the budgetary effects of changes in
    economic output, employment, capital stock, and other macroeconomic
    variables resulting from such legislation.

      (b) An estimate provided by the Joint Committee on Taxation to the
    Director of the Congressional Budget Office under section 201(f) of the
    Congressional Budget Act of 1974 for any major legislation shall, to the
    extent practicable, incorporate the budgetary effects of changes in
    economic output, employment, capital stock, and other macroeconomic
    variables resulting from such legislation.

      (c) An estimate referred to in this clause shall, to the extent
    practicable, include--

          (1) a qualitative assessment of the budgetary effects (including
    macroeconomic variables described in paragraphs (a) and (b)) of such
    legislation in the 20-fiscal year period beginning after the last fiscal
    year of the most recently agreed to concurrent resolution on the budget
    that set forth appropriate levels required by section 301 of the
    Congressional Budget Act of 1974; and

          (2) an identification of the critical assumptions and the source
    of data underlying that estimate.

      (d) As used in this clause--

          (1) the term ``major legislation'' means any bill or joint
    resolution--

    [[Page 674]]

    greater than 0.25 percent of the current projected gross domestic
    product of the United States for that fiscal year; or
          (A) for which an estimate is required to be prepared pursuant to
    section 402 of the Congressional Budget Act of 1974 and that causes a
    gross budgetary effect (before incorporating macroeconomic effects) in
    any fiscal year over the years of the most recently agreed to concurrent
    resolution on the budget equal to or

          (B) designated as such by the chair of the Committee on the Budget
    for all direct spending legislation other than revenue legislation or
    the Member who is chair or vice chair, as applicable, of the Joint
    Committee on Taxation for revenue legislation; and

          (2) the term ``budgetary effects'' means changes in revenues,
    outlays, and deficits.

      This clause was added in the 114th Congress (sec. 2(c), H. Res. 5,
    Jan. 6, 2015, p. _). For former provisions on macroeconomic analysis,
    see Sec. 849a, supra.