[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.