[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 52. Special Orders of Business]
[From the U.S. Government Publishing Office, www.gpo.gov]
CHAPTER 52
SPECIAL ORDERS OF BUSINESS
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Reporting Special Orders of Business
Sec. 3. Forms
Sec. 4. Consideration of Special Orders of Business
Sec. 5. Modification of Special Orders of Business
Sec. 6. Procedures Prescribed by Special Orders of Business
Research References
4 Hinds Sec. Sec. 3152-3265
7 Cannon Sec. Sec. 758-845
Deschler Ch 21 Sec. Sec. 16-19
Manual Sec. Sec. 734, 855, 857-859
Sec. 1 . In General
Jurisdiction and Authority
A resolution that specifies the manner in which a measure is to be
taken up and the procedures to be followed during its consideration is
called a ``special order of business'' or ``special rule.'' Such a
resolution, once adopted by the House, gives privilege to the measure
to be considered. Deschler Ch 21 Sec. 16. The Committee on Rules has
jurisdiction to report such resolutions under clause 1(o) of rule X.
Manual Sec. 733. By adoption of a special order of business, the House
establishes the parameters of its agenda on an ad hoc basis. Special
orders of business are distinct from ``special-order speeches,'' which
are discussed in Consideration and Debate.
Because of the wide diversity of their use in the legislative
process, special orders of business are discussed in many other
chapters in this work. Measures not taken up under a special order of
business may be taken up by unanimous consent or considered under
suspension of the rules or may be privileged in their own right under
other standing rules or statutes.
Restrictions on Authority of the Committee on Rules
The broad power of the Committee on Rules to report resolutions
varying the order of business or providing a special order is
expressly restricted by clause 6(c) of rule XIII, which protects the
motion to recommit. Manual Sec. 857. The restriction relating to the
motion to recommit, which is considered a fundamental prerogative of
the minority, preserves the opportunity to include proper instructions
in the motion to recommit a bill or joint resolution as described in
clause 2(b) of rule XIX. Manual Sec. 857.
In the 104th Congress, the restriction relating to the motion to
recommit was extended 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 joint resolution for which the
text of a House-passed measure is being substituted. Manual Sec. 857.
For a discussion of the restriction before it was extended to include
amendatory instructions, see Manual Sec. 859. In the 111th Congress,
clause 2 of rule XIX was amended to provide that the instructions
contained in the motion to recommit a bill or joint resolution must
direct the committee to report amendment(s) back to the House
``forthwith'' (resulting in the amendment(s) being immediately before
the House for consideration). For more on the motion to recommit, see
Refer and Recommit; see also Manual Sec. 1002b.
A special order of business providing for consideration of a bill
under suspension of the rules does not violate clause 6 of rule XIII
because no motion to recommit is available under suspension. Manual
Sec. 859; 8 Cannon Sec. 2267.
Section 425 of the Congressional Budget Act of 1974 precludes
consideration of a measure imposing Federal intergovernmental mandates
above a specified threshold amount. Manual Sec. 1127; 2 USC
Sec. 658e(a). Section 426 precludes the consideration of a special
order of business that waives points of order under section 425 of the
Congressional Budget Act. However, this restriction is ``enforced'' by
a Member raising a point of order against the rule and then the House
disposing of the question of consideration on the rule. The attention
of the House is thus focused on the waiver. After limited debate, the
House may decide to proceed with consideration of the rule. See
Unfunded Mandates.
In similar fashion, 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, limited tax
benefits, and limited tariff benefits, and permits a vote on the
question of consideration with respect to a rule waiving such a point
of order. See Budget Process.
Application to Various Measures
The privilege of the Committee on Rules to report special orders
of business extends to special orders for the consideration of
individual bills or classes of bills or the consideration of a
specified amendment to a bill and the prescription of a mode of
considering such amendment. 5 Hinds Sec. 6774; 8 Cannon Sec. 2258; see
Sec. 6, infra.
Customarily, a committee that has reported, or has jurisdiction
over, a measure requests the Committee on Rules to provide a special
order of business for its consideration. However, the Committee on
Rules also may provide for consideration of an unreported bill. 8
Cannon Sec. 2259; Deschler Ch 21 Sec. Sec. 16.15-16.17. It may even
provide for the consideration of a bill that has not yet been
introduced or permit consideration of a measure that comes into
existence by virtue of adoption by the House of the special order of
business. Manual Sec. 855; 8 Cannon Sec. 3388. For example, it may
provide for consideration of a joint resolution originated upon
adoption of the special order of business consisting of the text of a
Senate-passed joint resolution identical to a measure previously
rejected by the House under a separate statutory approval procedure.
99-2, Apr. 15, 1986, p 7531.
The Committee on Rules also may recommend a ``hereby'' resolution
that provides for a concurrent resolution correcting the enrollment of
a bill to be considered as adopted by the House upon the adoption of
the special order of business. 108-1, H. Res. 71, Feb. 13, 2003, p
3793; 105-1, H. Res. 232, Oct. 6, 1997, p 21264. Similarly, it may
provide that a Senate amendment pending at the Speaker's table and
otherwise requiring consideration in Committee of the Whole be
``hereby'' considered as adopted upon adoption of the special order of
business or considered as adopted with a further specified amendment.
Manual Sec. 855; Deschler Ch 21 Sec. 16.11. In both cases, there is no
bill or joint resolution pending initial final passage. Therefore, the
stricture under clause 6(c) of rule XIII against denying a motion to
recommit with instructions is not operative.
A special order of business may make in order two or more
propositions. It also may link more than one passed measure separately
considered into one engrossment. Manual Sec. 476.
Special orders of business that prescribe procedures for the
consideration of conference reports and amendments between the Houses
may:
Waive points of order against a conference report and against
its consideration. 107-1, Dec. 12, 2001, p 25089.
Provide for the immediate consideration of a conference report
when it is eventually reported from the committee of
conference. Deschler Ch 21 Sec. 16.
Permit a motion to ``hook-up'' a House-passed measure with a
similar Senate-passed measure and a motion to go to conference.
107-1, July 12, 2001, p 13097.
Provide for a motion to dispose of Senate amendments to a
House bill. 104-1, Dec. 13, 1995, p 36290.
Permit a third-degree amendment to be offered to a Senate
amendment. 103-1, Sept. 30, 1993, p 23148.
Allow conferees to refile a conference report in a corrected
form without a new meeting or new signatures. 104-1, Nov. 17,
1995, p 33741.
With respect to a measure in conference, discharge managers on
the part of the House and lay the bill on the table or dispose
of an amendment in disagreement (the House being in possession
of the official papers). 5 Hinds Sec. 6526; 110-1, Dec. 12,
2007, p 34003.
Restrict the availability of an otherwise privileged motion
under clause 4 of rule XXII to the Majority Leader only. 113-2,
July 31, 2014, p__; 113-1, Sept. 30, 2013, p__.
The Committee on Rules has reported as privileged a special order
of business nearly identical to one previously rejected by the House,
but it was held not to constitute ``another of the same substance''
within the meaning of Jefferson's Manual because it provided a
different scheme for general debate. Manual Sec. 515.
At the convening of a new Congress, a special order of business
has been offered as privileged to provide for consideration in the
House of a resolution to adopt the rules of a new Congress. Manual
Sec. 60.
Waivers
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
rulemaking authority of the House, that would prohibit the
consideration of a bill or otherwise establish an exclusive procedure
for consideration of a particular type of measure. Manual Sec. 857.
For example, the Committee on Rules has reported as privileged a
resolution waiving statutory rulemaking provisions of the Trade Act
(rendering a motion to discharge inapplicable to a particular bill).
110-2, Apr. 10, 2008, p 5640.
Points of order do not lie against the consideration of a special
order of business for waiving points of order against a measure, as it
is for the House to determine, by a majority vote on the adoption of
the resolution, whether certain rules should be waived. Deschler Ch 21
Sec. 16.9. However, a House or statutory rule may contain language
restricting the authority of the Committee on Rules to recommend a
waiver. See, e.g., Unfunded Mandates; Question of Consideration.
Under clause 6(g) of rule XIII, the report accompanying a special
order of business shall, ``to the maximum extent possible,'' be
specific with respect to any waiver of a point of order against the
underlying measure or against its consideration. Manual Sec. 863.
Sec. 2 . Reporting Special Orders of Business
Generally; Typography
Under clause 3(g) of rule XIII, a report from the Committee on
Rules repealing or amending a standing rule must include a Ramseyer-
type comparative print; that is, appropriate typography showing the
proposed omissions or insertions. This clause does not apply to
resolutions that merely provide temporary waivers of rules during the
consideration of particular legislative business. Manual Sec. 848.
Privilege and Precedence of Reports
A report from the Committee on Rules enjoys high privilege. 8
Cannon Sec. 2260. 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 of the
rulemaking authority of the House, acknowledging the constitutional
authority of the House to change its rules at any time. Manual
Sec. 857. It also takes precedence over a privileged motion to
discharge a committee, and over District of Columbia business that is
privileged on District Day. Deschler Ch 21 Sec. Sec. 17.7, 17.8.
Although highly privileged, a report from the Committee on Rules
yields to the presentation of conference reports (5 Hinds Sec. 6449)
and to a question of the privileges of the House (8 Cannon Sec. 3491).
A report is not in order after the House has voted to go into the
Committee of the Whole. 5 Hinds Sec. 6781.
Once a special order of business is under debate, the House can
postpone further consideration and proceed to other business only by
unanimous consent. Deschler Ch 21 Sec. 17.11. However, under clause 2
of rule XVI, the manager of the resolution can withdraw it from
consideration before a decision has been made thereon. Deschler Ch 21
Sec. 18.41. If the resolution is later reoffered, debate under the
hour rule begins anew. Deschler Ch 21 Sec. 17.11 (note).
Reporting to the House; Calling Up
Under clause 6(d) of rule XIII, the Committee on Rules must
present a special order of business resolution to the House within
three legislative days of the time when it orders such resolution
reported. Manual Sec. 861.
Ordinarily, a report from the Committee on Rules is called up for
consideration by a member of that committee who has been so
authorized. However, under clause 6(d) of rule XIII, if the report has
been on the House Calendar for seven legislative days without being
called up, any member of the committee may call it up provided the
member gives notice of one calendar day of an intention to do so. This
rule may be invoked by a minority member of the committee. Manual
Sec. 861.
Under clause 6(e) of rule XIII, in the event an adverse report is
made by the Committee on Rules on a special order of business, any
Member of the House may call up the report and move the adoption of
the resolution on a day when motions to discharge committees are in
order. Manual Sec. 861; see Discharging Measures From Committees.
Same-day Consideration
A resolution reported from the Committee on Rules relating to the
order of business may not be considered on the same legislative day as
reported under clause 6(a) of rule XIII unless so determined by a vote
of not less than two-thirds of the Members voting, a quorum being
present. This requirement does not apply to resolutions called up
during the last three days of a session. Manual Sec. 857. The
Committee on Rules may report a resolution waiving this requirement.
E.g., 93-2, Dec. 19, 1974, p 41572.
The two-thirds vote needed for same-day consideration does not
alter the requirement that a simple majority must actually adopt the
resolution. Deschler Ch 21 Sec. 18.7. If consideration is ordered by a
two-thirds vote, a point of order that the resolution has not been
printed does not lie. Manual Sec. 857.
Under clause 6(a)(2) of rule XIII, the two-thirds vote requirement
for same-day consideration does not apply if the only effect of a rule
is to waive the three-day layover requirement for a particular
reported bill or the three-day layover and two-hour availability
requirements for a conference report and amendments in disagreement.
Manual Sec. 857.
A report filed by the Committee on Rules at any time before the
convening of the House on the next legislative day may be called up
for immediate consideration without the two-thirds requirement. 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. Manual Sec. 857.
Sec. 3 . Forms
Filing a Rule
Member: M_. Speaker, by direction of the Committee on Rules, I
present a privileged report for filing under the rule.
Speaker: The Clerk will report the title of the resolution. [After
Clerk reports title.] Referred to the House Calendar and ordered
printed.
Calling Up a Rule
Member: M_. Speaker, by direction of the Committee on Rules, I
call up House Resolution __ and ask for its immediate
consideration.
Speaker: The Clerk will report the resolution. [Unanimous consent
to waive the reading in full is customarily not entertained.] The
gentle___ from __ is recognized for one hour.
Calling Up Rule on Same Day It Is Filed
Member: M_. Speaker, by direction of the Committee on Rules, I
present a privileged report.
Speaker: The Clerk will report the title of the resolution. [After
Clerk reports title.] Referred to the House Calendar and ordered
printed.
Member: M_. Speaker, by direction of the Committee on Rules, I
call up House Resolution ------ and ask for its immediate
consideration.
Speaker: The Clerk will report the resolution. [Unanimous consent
to waive the reading in full is customarily not entertained.] The
question is, will the House consider the resolution. [If two-thirds
of those voting, a quorum being present, vote in the affirmative.]
Two-thirds of those present having voted in the affirmative, the
resolution shall be considered. The gentle___ from __ is recognized
for one hour.
Sec. 4 . Consideration of Special Orders of Business
Debate
Special orders of business reported from the Committee on Rules
are considered in the House under the hour rule. Therefore, a Member
recognized to call up a special order of business by direction of the
Committee on Rules manages one hour of debate. Deschler Ch 21 Sec. 18.
Other Members may be recognized only if yielded time. Deschler Ch 21
Sec. 18.15. It is customary for the Member calling up the resolution
to yield 30 minutes of the hour to a minority member of the Committee
on Rules for purposes of debate only. Deschler Ch 21 Sec. 18.15
(note). The minority member is permitted to yield time to other
Members.
Debate on a special order of business may range to the merits of
the measure to be made in order because the question of consideration
of the bill is involved. However, it should not range to the merits of
a measure not to be considered under that special order of business.
Manual Sec. 948.
Amendments and Divisibility
Under clause 5(b) of rule XVI, a special order of business
resolution is not divisible. Manual Sec. 919. The manager of the
special order of business may offer one or more amendments thereto,
and authorization of the committee is not required. Deschler Ch 21
Sec. 18.23. The resolution is not otherwise subject to amendment from
the floor unless the manager yields for that purpose or unless the
House rejects the previous question. Deschler Ch 21 Sec. 18.19.
Dilatory Motions Not Permitted
The question of consideration may not be raised against a report
from the Committee on Rules. 5 Hinds Sec. Sec. 4961, 4962; 8 Cannon
Sec. Sec. 2440, 2441. The clause forbidding dilatory motions has been
construed strictly. 5 Hinds Sec. Sec. 5740-5742. As such, the
following have been excluded:
A motion to commit or recommit after the ordering of the
previous question. 5 Hinds Sec. Sec. 5593-5601; 8 Cannon
Sec. Sec. 2270, 2750, 2753.
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. 5 Hinds Sec. 5739.
A motion to postpone to a day certain. Manual Sec. 858.
A motion to table an amendment offered by the manager of the
rule. Manual Sec. 858.
A motion to reconsider the vote on the motion for the previous
question on the rule (and on any pending amendment thereto) is not
dilatory and may be laid on the table without carrying with it the
resolution itself. Manual Sec. 858; 5 Hinds Sec. 5739.
In the event that the motion for 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. As such, the resolution is subject to proper amendment, further
debate, or a motion to table or refer, subject to being preempted by a
preferential motion offered by another Member. Manual Sec. 858.
Only one motion to adjourn is admissible during the consideration
of a report from the Committee on Rules, and the motion may not be
offered when another Member has the floor. Manual Sec. 858. Where the
House adjourns during the consideration of a report from the Committee
on Rules, further consideration of the report becomes unfinished
business on the following day, and debate resumes from the point where
interrupted. Manual Sec. 858.
Rejection of Motion for Previous Question
In the event that the motion for the previous question is
rejected, the Member who has led the opposition will be recognized for
one hour unless preempted by a preferential motion, such as the motion
to table, which may be offered by any Member. The Member recognized
may yield time, may offer an amendment to the resolution, and may move
the previous question on the amendment and the resolution. Deschler Ch
21 Sec. 18.
Voting
A special order of business requires a majority vote for adoption.
4 Hinds Sec. 3169. Under clause 8 of rule XX, the Speaker has the
authority to postpone for up to two legislative days a record vote on
the motion for the previous question or on the adoption of a rule.
Manual Sec. 1030; see Voting.
Sec. 5 . Modification of Special Orders of Business
By Resolution
The Committee on Rules may report a privileged resolution
modifying the operation or effect of a previous special order of
business adopted by the House. Such a resolution may provide
additional procedures to govern the further consideration of a measure
already pending in Committee of the Whole and may include limitations
on further debate or amendments. 8 Cannon Sec. 2258; Deschler Ch 21
Sec. Sec. 16.26, 16.27.
By Unanimous Consent in the House
A unanimous-consent request to modify the terms established by a
special order of business providing for the consideration of a measure
in the Committee of the Whole may be made after its adoption by the
House and before completion of consideration of the underlying measure
in the Committee. 99-2, Sept. 24, 1986, p 25890.
A unanimous-consent request may not be entertained in the
Committee of the Whole if the request would materially modify
procedures required by a special order of business adopted by the
House. Such requests must be made in the House. For examples of
requests that may not be entertained in the Committee of the Whole,
see Committees of the Whole; Manual Sec. 993a.
Although the House may alter the terms of an adopted special order
of business to make an additional amendment in order in the Committee
of the Whole, the Chair may decline to entertain a unanimous-consent
request to admit an additional amendment unless assured the request
has been cleared. This practice is consistent with the Speaker's
announced policy of conferring recognition for unanimous-consent
requests for the consideration of unreported bills and resolutions
only when assured that the majority and minority floor and committee
leaderships have no objection. Manual Sec. Sec. 857, 956.
The Member offering an amendment in the Committee of the Whole
pursuant to a special order of the House has the burden of proving
that it meets the description of the amendment made in order. Manual
Sec. 993b.
By Unanimous Consent in the Committee of the Whole
The chair of the Committee of the Whole may entertain a unanimous-
consent request to modify a special order of business if the request
proposes merely an incidental or minor change to the special order.
For examples of unanimous-consent requests have been entertained in
Committee of the Whole, see Committees of the Whole; Manual Sec. 993b.
By unanimous consent the House may delegate to the Committee of
the Whole authority to entertain unanimous-consent requests to change
procedures contained in an adopted special order of business. Manual
Sec. 993b.
Sec. 6 . Procedures Prescribed by Special Orders of Business
In recent Congresses, special orders of business have provided for
the consideration of amendments in a variety of ways, from ``open''
rules (which are silent on the amendment structure) to ``closed''
(which preclude all amendments). In between these two extremes,
special orders of business have:
Specified consideration that is open in part and restricted in
part. 106-1, Aug. 4, 1999, p 19460.
Permitted only specified amendments. 107-1, Aug. 1, 2001, p
15414.
Required first-degree amendments to be printed in the
Congressional Record. 107-1, July 19, 2001, p 13870.
Specified that certain amendments be ``considered as
adopted,'' often referred to as ``self-executed.'' 107-1, Aug.
1, 2001, p 15414.
Authorized the floor manager to offer en bloc amendments
consisting of the text of other amendments made in order. 107-
1, Sept. 19, 2001, p 17221.
Restricted the number of permissible pro forma amendments and
who may offer such amendments. 114-1, June 24, 2015, p__.
Left the amendment process open only for a specified period of
time. 106-2, May 10, 2000, p 7481.
Authorized a Member to offer a limited set of amendments from
a ``pool'' of eligible amendments. 111-1, July 29, 2009, p
19677.
Although the Committee on Rules may announce a policy that it
intends to make in order only preprinted amendments, the committee may
in fact, without violating a rule of the House, report a special order
of business making in order an unprinted amendment. Manual Sec. 857.
An amendment may be ``self-executed'' by adoption of a special
order of business even if, considered separately, it would violate a
rule of the House. For example, a special order may ``self-execute''
an amendment that contains:
An appropriation in violation of clause 4 of rule XXI. Manual
Sec. 855.
An appropriation in violation of clause 2 of rule XXI. Manual
Sec. 855.
Nongermane provisions in violation of clause 7 of rule XVI.
Manual Sec. 855.
Normally, a rule that precludes any amendment, or permits only one
amendment, provides for the consideration of the measure in the House.
A rule that permits more than one amendment normally provides for
consideration in the Committee of the Whole.
One procedure involving the consideration of amendments is called
``king of the hill.'' Although regular order does not permit further
amendments to a text once it has been amended in its entirety, a
``king of the hill'' rule permits several substitute amendments to be
voted on in the Committee of the Whole, with only the last one adopted
to be considered as finally adopted and reported to the House. The
Committee on Rules also has reported a special order of business
providing for a variation of that procedure. This procedure permits
consideration of conflicting amendments in a series, with only the one
winning the most votes being finally voted on in the House. This is
sometimes known as a ``Queen of the Hill'' or ``Top Vote Getter''
procedure.
Special orders of business often make in order as original text
something other than the text of the introduced measure. For example,
the base text may be specified to be:
A substitute reported by the committee of jurisdiction (the
most common text made in order). 107-1, May 10, 2001, p 7772.
A substitute reported by the committee of primary jurisdiction
modified by amendments reported by a committee of secondary
jurisdiction. 107-2, Apr. 10, 2002, p 4140.
The text of another introduced bill or a specified preprinted
amendment (such as in the report accompanying the special order
of business). 107-1, Oct. 3, 2001, p 18585.
An amendment first adopted in the Committee of the Whole. 104-
1, Aug. 2, 1995, p 21678.
Introduced text as modified by amendments printed in the
report accompanying the special order of business. 107-1, Dec.
6, 2001, p 24143.
A ``committee print'' representing reported text not yet
available as a Union Calendar print. 109-1, Sept. 29, 2005, p
21777.
The Committee on Rules may report resolutions that provide special
procedures to expedite consideration or accomplish specific results.
For example, a resolution may authorize priority in recognition for
the offering of amendments to Members who had their amendments
preprinted in the Congressional Record.