The House Consensus Calendar: Establishment, August 19, 2020February 16, 2021
Principal Features, and Practice in the 116th
Jane A. Hudiburg
Congress (2019-2020)
Analyst on Congress and
Analyst on Congress and
the Legislative Process the Legislative Process
Established in the 116th Congress (2019-2020) in clause 1 of
Established in the 116th Congress (2019-2020) in clause 1 of
House Rule XIII and clause 7 of Rule XIII and clause 7 of
House
House Rule XV, the Consensus Calendar provides an alternative route to the floor for certain unreported Rule XV, the Consensus Calendar provides an alternative route to the floor for certain unreported
House bills and resolutions that enjoy broad bipartisan support. Pursuant to Rule XV, House bills and resolutions that enjoy broad bipartisan support. Pursuant to Rule XV,
the House
the House is to consider at least one measure listed on the calendar during every week that it convenes, is to consider at least one measure listed on the calendar during every week that it convenes,
except during the first and last weeks of a Congress. In order to be placed on the Consensus Calendar, a House-originated except during the first and last weeks of a Congress. In order to be placed on the Consensus Calendar, a House-originated
measure must (1) not have been reported by its committee of primary jurisdiction, (2) have accumulated at least 290 measure must (1) not have been reported by its committee of primary jurisdiction, (2) have accumulated at least 290
cosponsors, (3) have been subject to a motion to place the measure on the Consensus Calendar filed by the measure’s cosponsors, (3) have been subject to a motion to place the measure on the Consensus Calendar filed by the measure’s
sponsor, and (4) have maintained at least 290 cosponsors for a cumulative total of 25 legislative days following the filing of sponsor, and (4) have maintained at least 290 cosponsors for a cumulative total of 25 legislative days following the filing of
the motion.the motion.
Once a measure has accumulated 290 cosponsors, the measure’s sponsoring Member may file a written motion with the
Once a measure has accumulated 290 cosponsors, the measure’s sponsoring Member may file a written motion with the
Clerk of the House asking that the measure be placed on the calendar. This is done by submitting a Consensus Calendar form Clerk of the House asking that the measure be placed on the calendar. This is done by submitting a Consensus Calendar form
to the House Tally Clerk when the House is in session. to the House Tally Clerk when the House is in session.
If the committee of primary jurisdiction reports the measure after the motion is filed but before the measure is placed on the
If the committee of primary jurisdiction reports the measure after the motion is filed but before the measure is placed on the
Consensus Calendar, the motion is considered as withdrawn. Likewise, if the primary committee reports the measure after its Consensus Calendar, the motion is considered as withdrawn. Likewise, if the primary committee reports the measure after its
placement on the calendar, the measure is to be removed. Thus, a committee may report a bill to prevent it from being placed placement on the calendar, the measure is to be removed. Thus, a committee may report a bill to prevent it from being placed
on the calendar or to remove it from the calendar. on the calendar or to remove it from the calendar.
After a measure is assigned to the calendar, it may be designated for consideration by the Speaker. The House then calls up
After a measure is assigned to the calendar, it may be designated for consideration by the Speaker. The House then calls up
the measure on the floor using the same parliamentary procedures used to process non-Consensus Calendar measures—that the measure on the floor using the same parliamentary procedures used to process non-Consensus Calendar measures—that
is, under the suspension of the rules procedure, under the terms of a special rule reported by the Rules Committee and agreed is, under the suspension of the rules procedure, under the terms of a special rule reported by the Rules Committee and agreed
to by the House, or via a unanimous consent request. to by the House, or via a unanimous consent request.
As of August 15, 2020In the 116th Congress, House Members filed 12 motions , House Members filed 12 motions
in the 116th Congress (2019-2020) to assign measures to the to assign measures to the
Consensus Calendar. All of the associated measures were House bills. There were no motions filed on simple resolutions, Consensus Calendar. All of the associated measures were House bills. There were no motions filed on simple resolutions,
joint resolutions, or concurrent resolutions. Ten of the 12 bills were subsequently considered on the House floor, and all of these measures were considered under the suspension of the rules procedure.
Three of the 12 motions resulted in measures being assigned to the calendar. Eight motions were withdrawn prior to the measures’ assignment because the measures were either reported by the committee of primary jurisdiction (one measure) or considered by the House before they were eligible for placement (seven measures). One motion, which was submitted in February, has not been withdrawn, but as of this writing, the associated measure has not been assigned to the Consensus Calendar due to the terms of special rules agreed to by the House that paused the accumulation of legislative days under clause 7 of Rule XVjoint resolutions, or concurrent resolutions.
Three of the 12 motions resulted in measures being assigned to the calendar. The remainder of the motions were considered as withdrawn or the associated measure did not accumulate the requisite number of legislative days to enable placement on the calendar.
Ten of the calendar-associated bills were considered on the House floor, and all of these measures were considered and passed in the House under the suspension of the rules procedure. Seven measures had their initial policy provisions, as introduced, enacted into law via the same bill or a related bill. .
This report considers the calendar’s establishment, principal features, and actions taken to assign a measure to the calendar. It
This report considers the calendar’s establishment, principal features, and actions taken to assign a measure to the calendar. It
provides an analysis of Consensus Calendar motions filed in the 116th Congress and discusses the use of special rules to provides an analysis of Consensus Calendar motions filed in the 116th Congress and discusses the use of special rules to
temporarily waive or modify House rules as they pertain to the calendar. temporarily waive or modify House rules as they pertain to the calendar.
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1516 The House Consensus Calendar: Establishment, Principal Features, and Practice
Contents
Introduction ................................................................................................................... 1 Establishment ................................................ 1
Establishment ................................................................. 1
House Rules Package (116th Congress).......................................................................... 1 1
Problem Solvers Caucus Initiative ............................................................................................ 1
Principal Features and Actions Taken Pursuant to House Rule XV ................................................ 2
Unreported Measures ................................................................................................................ 2
290 Cosponsors Threshold ........................................................................................................ 2 3
Cosponsors Accumulated .................................................................................................... 3
Cosponsors Verified ............................................................................................................ 3
Written Motion Filed ............. 3
Written Motion Filed.................................................................................................... 3
Motion Placed in Custody of Clerk ........................................................................................... 3 4
25-Legislative-Day Waiting Period ........................................................................................... 4
Clerk Tracks Legislative Days ............................................................................................ 4
Withdrawal of Motions 4 Motions Considered as Withdrawn Prior to Completion of Waiting Period ......................................... 4
Assignment to Calendar ............................................................................................................ 4
5
Speaker’s Designation for Consideration .................................................................................. 5
Consideration of Measures ........................................................................................................ 5
Practice in the 116th Congress ......................................................................................................... 5 6
Motions Filed in the 116th Congress .......................................................................................... 5
6
Measures Assigned to the Calendar .......................................................................................... 6
H.R. 748 (Amended by Senate and Enacted into Law) ...................................................... 6
H.R. 693 (Passed by House and Referred to Senate Committee) ....................................... 6 7
H.R. 553 (RemainsRemained on Consensus Calendar Pursuant to Subsequent House
Action) ............................................................................................................................. 6 7
Motions Considered as Withdrawn Prior to Calendar Placement ..................................................................... 7
Motion Affected by Subsequent House Actions ........................................................................ 7 8
Use of Special Rules Affecting the Consensus Calendar .......................................................... 8
Rule Restricting Speaker’s Designation ............................................................................. 8
Rules Regulating the Count of Legislative Days ................................................................ 8 9
Tables
Table 1. Measures Subject to Consensus Calendar Motions Filed in the 116th Congress
(2019-August 15, 2020) .............................................................................................................. 10
Contacts
Author Information ........................................................................................................................ 12 13
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The House Consensus Calendar: Establishment, Principal Features, and Practice
Introduction
In the 116th Congress (2019-2020), the House established the Consensus Calendar to provide an In the 116th Congress (2019-2020), the House established the Consensus Calendar to provide an
alternative route to the floor for certain unreported alternative route to the floor for certain unreported
billsbil s and resolutions that have accumulated a and resolutions that have accumulated a
large number of cosponsors.1 Pursuant to clause 7 of House Rule XV (the Consensus Calendar large number of cosponsors.1 Pursuant to clause 7 of House Rule XV (the Consensus Calendar
rule), the House is to consider at least one measure listed on the calendar during any week that it rule), the House is to consider at least one measure listed on the calendar during any week that it
convenes. (The requirement to consider such a measure does not apply during the first and last convenes. (The requirement to consider such a measure does not apply during the first and last
weeks of a two-year Congress.) weeks of a two-year Congress.)
To be placed on the Consensus Calendar, a measure must have originated in the House and (1) not
To be placed on the Consensus Calendar, a measure must have originated in the House and (1) not
have been reported by its committee of primary jurisdiction, (2) have accumulated at least 290 have been reported by its committee of primary jurisdiction, (2) have accumulated at least 290
cosponsors, (3) have been the subject of a motion filed by the measure’s sponsoring Member with cosponsors, (3) have been the subject of a motion filed by the measure’s sponsoring Member with
the Clerk requesting such placement, and (4) have maintained at least 290 cosponsors for a the Clerk requesting such placement, and (4) have maintained at least 290 cosponsors for a
cumulative period of 25 legislativecumulative period of 25 legislative
days after the filing of the motion. Given these requirements, days after the filing of the motion. Given these requirements,
the Consensus Calendar procedure is limited to non-reported measures that enjoy broad bipartisan the Consensus Calendar procedure is limited to non-reported measures that enjoy broad bipartisan
support. support.
This report considers the calendar’s establishment and principal features. It lists the specific
This report considers the calendar’s establishment and principal features. It lists the specific
actions involved in assigning a measure to the calendar and analyzes the use of Consensus actions involved in assigning a measure to the calendar and analyzes the use of Consensus
Calendar motions filed in the 116th Congress. In addition, it addresses the use of special rules to Calendar motions filed in the 116th Congress. In addition, it addresses the use of special rules to
temporarily waive or modify House rules as they pertain to calendar-related motions or measures.temporarily waive or modify House rules as they pertain to calendar-related motions or measures.
Establishment
H.Res. 6,
House Rules Package (116th Congress) House Rules Package (116th Congress)
On the opening day of the 116th Congress, the House approved H.Res. 6, “Adopting the Rules of On the opening day of the 116th Congress, the House approved H.Res. 6, “Adopting the Rules of
the House of Representatives for the One Hundred Sixteenth Congress.” Section 102(r) of H.Res. the House of Representatives for the One Hundred Sixteenth Congress.” Section 102(r) of H.Res.
6 amended clause 1 of Rule XIII and added a clause 7 to Rule XV to establish a Consensus 6 amended clause 1 of Rule XIII and added a clause 7 to Rule XV to establish a Consensus
Calendar. Clause 7 delineates the principal features of this calendar as Calendar. Clause 7 delineates the principal features of this calendar as
well wel as the actions taken by as the actions taken by
a measure’s sponsor to file motions and by the Clerk of the House to assign measures to the a measure’s sponsor to file motions and by the Clerk of the House to assign measures to the
calendar. calendar.
Problem Solvers Caucus Initiative
In the In the
fall fal of 2018, the House “Problems Solvers Caucus,” a Congressional Member Organization of 2018, the House “Problems Solvers Caucus,” a Congressional Member Organization
with bipartisan co-chairs, proposed several changes to House rules for the upcoming 116th with bipartisan co-chairs, proposed several changes to House rules for the upcoming 116th
Congress (2019-2020).2 Among these proposals, the caucus advocated for a requirement for Congress (2019-2020).2 Among these proposals, the caucus advocated for a requirement for
automatic committee and leadership action on automatic committee and leadership action on
billsbil s and joint resolutions that accumulated at least and joint resolutions that accumulated at least
290 cosponsors or were cosponsored by a majority of each political party. By the end of 290 cosponsors or were cosponsored by a majority of each political party. By the end of
November 2018, the caucus reached an agreement with then-Minority Leader Nancy Pelosi that a
1 The
1 T he purpose behind the Consensus Calendar purpose behind the Consensus Calendar
route by which a measure may reach the floor may be compared to the route by which a measure may reach the floor may be compared to the
purpose of the House dischargepurpose of the House discharge
petition procedure, which is definedpetition procedure, which is defined
in clausein clause
2 of Rule2 of Rule
XV XV and also provides a process and also provides a process
by which Membersby which Members
may call up an unreported House measure.may call up an unreported House measure.
Measures Measures subject to the discharge procedure do not have subject to the discharge procedure do not have
a cosponsorship threshold. Instead, a successfula cosponsorship threshold. Instead, a successful
effort to discharge a committee of an unreported measure effort to discharge a committee of an unreported measure
requiresrequire s the the
majority of the total membership of the House (218 Members) to sign a dischargemajority of the total membership of the House (218 Members) to sign a discharge
petition, which is made availablepetition, which is made available
to to
the public. Seethe public. See
CRS CRS Report R45920, Report R45920,
Discharge Procedure in the House, by Mark J. Oleszek. , by Mark J. Oleszek.
2
2
TheT he Problem Solvers Caucus’s Problem Solvers Caucus’s
proposals can be viewedproposals can be viewed
at https://smucker.house.gov/sites/smucker.house.gov/files/at https://smucker.house.gov/sites/smucker.house.gov/files/
wysiwyg_uploaded/Break%20the%20Gridlock%20Packet.pdf. wysiwyg_uploaded/Break%20the%20Gridlock%20Packet.pdf.
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The House Consensus Calendar: Establishment, Principal Features, and Practice
November 2018, the caucus reached an agreement with then-Minority Leader Nancy Pelosi that a and Practice
Consensus Calendar, providing an alternative path to the floor for unreported measures that have Consensus Calendar, providing an alternative path to the floor for unreported measures that have
accumulated at least 290 cosponsors, would be included in the upcoming Congress’s House accumulated at least 290 cosponsors, would be included in the upcoming Congress’s House
rules.3 rules.3
At the start of the 116th Congress, the caucus’s co-chair, Representative Josh Gottheimer of New
At the start of the 116th Congress, the caucus’s co-chair, Representative Josh Gottheimer of New
Jersey, spoke in favor of H.Res. 6, the House opening-day rules package. He stated that it Jersey, spoke in favor of H.Res. 6, the House opening-day rules package. He stated that it
included “many of the Problem Solvers’ break the gridlock ideas, including the new Consensus included “many of the Problem Solvers’ break the gridlock ideas, including the new Consensus
Calendar.”4 Subsequently, other caucus members, in interviews with the press, noted the intended Calendar.”4 Subsequently, other caucus members, in interviews with the press, noted the intended
purpose of the calendar: to “improve the way that this institution operates” by addressing purpose of the calendar: to “improve the way that this institution operates” by addressing
leadership consolidation of power, encouraging Members to work together for bipartisan leadership consolidation of power, encouraging Members to work together for bipartisan
legislation, and providing a “pressure point to force [legislation] to the floor for debate and a legislation, and providing a “pressure point to force [legislation] to the floor for debate and a
vote” even in cases when the calendar procedure is not ultimately used.5 vote” even in cases when the calendar procedure is not ultimately used.5
Principal Features and Actions Taken Pursuant to
House Rule XV
Unreported Measures
As noted, in order to be placed on the Consensus Calendar, a measure has to have been referred to As noted, in order to be placed on the Consensus Calendar, a measure has to have been referred to
at least one House committee but not reported by the committee of primary jurisdiction.6 Rule at least one House committee but not reported by the committee of primary jurisdiction.6 Rule
XV does not specify a time period that a measure must remain unreported after its referral before XV does not specify a time period that a measure must remain unreported after its referral before
the process of placing it on the Consensus Calendar can begin. Once the process of placing it on the Consensus Calendar can begin. Once
an unreporteda measure measure
achieves 290 cosponsors, the sponsor, at any time when the House is in session, may file a written achieves 290 cosponsors, the sponsor, at any time when the House is in session, may file a written
motion with motion with
the Clerk the Clerk
formallyformal y requesting that the legislation requesting that the legislation
be placed on the Consensus be placed on the Consensus
Calendar.
Calendar.
A measure is reported when the committee chair files a written report with the Clerk.7 If the primary committee reports a measure after the If the primary committee reports a measure after the
calendar motion is filed but before the measure is motion is filed but before the measure is
placed on the Consensus Calendar, the motion is considered placed on the Consensus Calendar, the motion is considered
as withdrawn. Likewise, if the withdrawn. Likewise, if the
primary primary
committee reports the measure after its placement on the calendar, the measure is to be removed. committee reports the measure after its placement on the calendar, the measure is to be removed.
Thus, a primary committee may report a Thus, a primary committee may report a
bill bil to prevent it from being placed on the to prevent it from being placed on the
calendar or to calendar or to
remove it from the calendar.
290 Cosponsors Threshold
The Consensus Calendar is reserved for unreported measures with broad bipartisan support. In order to demonstrate that support, the rule requires at least 290 cosponsors on the bill or resolution before the measure’s sponsor may file a motion to place the measure on the Consensus 3 See remove it from the calendar.
3 See Problem Solvers Caucus,Problem Solvers Caucus,
“ “Major RulesMajor Rules
Reform Agreement Reached with Leader Pelosi, Ranking Member Reform Agreement Reached with Leader Pelosi, Ranking Member
McGovern, and Ranking MembersMcGovern, and Ranking Members
to Help Break the Gridlock and Better Govern for the American People,” press to Help Break the Gridlock and Better Govern for the American People,” press
release, November 28, 2018, https://problemsolverscaucus-gottheimer.house.gov/media/press-releases/major-rules-release, November 28, 2018, https://problemsolverscaucus-gottheimer.house.gov/media/press-releases/major-rules-
reform-agreementreform-agreement
-reached-leader-pelosi-ranking-member-mcgovern-and. Also see press release of then-Minority -reached-leader-pelosi-ranking-member-mcgovern-and. Also see press release of then-Minority
Leader Nancy Pelosi, “Pelosi Statement on Problem Solvers Caucus’Leader Nancy Pelosi, “Pelosi Statement on Problem Solvers Caucus’
Proposed House RulesProposed House Rules
Change,” November 14, Change,” November 14,
2018, https://www.speaker.gov/newsroom/111418-2. 2018, https://www.speaker.gov/newsroom/111418-2.
4
4
Congressional Record, vol. 165, 116th Cong., 1st sess. (January 3, 2019), p. H29. , vol. 165, 116th Cong., 1st sess. (January 3, 2019), p. H29.
5 Lindsey McPherson, “Is 5 Lindsey McPherson, “Is
ThereT here Consensus on the New House Consensus on the New House
Consensus Consensus Calendar?,” Calendar?,”
Roll Call, July 15, 2019, , July 15, 2019,
https://www.rollcall.com/2019/07/15/is-there-consensus-on-the-new-house-consensus-calendar/. https://www.rollcall.com/2019/07/15/is-there-consensus-on-the-new-house-consensus-calendar/.
6 In the House, bills
6 In the House, bills
may bemay be
referred to more than one committee. When referring a bill to more than one committee, referred to more than one committee. When referring a bill to more than one committee,
the Speaker willthe Speaker will
in almost all casesin almost all cases
name a primary committee of jurisdiction. Generally name a primary committee of jurisdiction. Generally
speakingspe aking, the committee of , the committee of
primary jurisdiction has principal responsibility for reporting the bill and managing its consideration on the floor.primary jurisdiction has principal responsibility for reporting the bill and managing its consideration on the floor.
7 Note that a committee may order a bill reported at the end of a markup meeting but not file a written report wit h the Clerk. Under these circumstances, the measure remains unreported.
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The House Consensus Calendar: Establishment, Principal Features, and Practice
Calendar. All 290 Cosponsors Threshold The Consensus Calendar is reserved for unreported measures with broad bipartisan support. In
order to demonstrate that support, the rule requires at least 290 cosponsors on the bil or resolution before the measure’s sponsor may file a motion to place the measure on the Consensus Calendar. Al cosponsors count toward the threshold regardless of whether the cosponsor cosponsors count toward the threshold regardless of whether the cosponsor
subsequently resigns, dies, or otherwise leaves office after cosponsoring the measure. subsequently resigns, dies, or otherwise leaves office after cosponsoring the measure.
Cosponsors Accumulated
Any House Member, Delegate, or Resident Commissioner from Puerto Rico who seeks to
Any House Member, Delegate, or Resident Commissioner from Puerto Rico who seeks to
cosponsor a measure is to sign or be listed on a cosponsorship form provided by the sponsor’s cosponsor a measure is to sign or be listed on a cosponsorship form provided by the sponsor’s
office. While the House is in session, the sponsor files the signed forms through the hopper on the office. While the House is in session, the sponsor files the signed forms through the hopper on the
House floor.House floor.
78 The The
Bill Bil Clerk records each additional cosponsor and adjusts the total number of Clerk records each additional cosponsor and adjusts the total number of
cosponsors. This information is made publicly availablecosponsors. This information is made publicly available
in the Congress.gov database. in the Congress.gov database.
Cosponsors Verified
The
The
Bill Bil Clerk maintains the most recent list of cosponsors, which may include changes that are Clerk maintains the most recent list of cosponsors, which may include changes that are
not yet displayed in Congress.gov. Consequently, Members or their staff are advised to contact not yet displayed in Congress.gov. Consequently, Members or their staff are advised to contact
the the
Bill Bil Clerk directly to verify the number of cosponsors. The House Clerk is also to verify the Clerk directly to verify the number of cosponsors. The House Clerk is also to verify the
number of cosponsors prior to processing a submitted Consensus Calendar motion. number of cosponsors prior to processing a submitted Consensus Calendar motion.
After the Member has confirmed that the measure has accumulated at least 290 cosponsors and
After the Member has confirmed that the measure has accumulated at least 290 cosponsors and
the Member decides to file a Consensus Calendar motion, the Member is advised to pre-notify the the Member decides to file a Consensus Calendar motion, the Member is advised to pre-notify the
TallyTal y Clerk working within the Office of the House Clerk. The Member or the Member’s staff Clerk working within the Office of the House Clerk. The Member or the Member’s staff
may inform the may inform the
TallyTal y Clerk that a motion Clerk that a motion
will wil be filed on a specified day when the House is in be filed on a specified day when the House is in
session. Pre-notification enables the session. Pre-notification enables the
TallyTal y Clerk to prepare for the Member’s request for a Clerk to prepare for the Member’s request for a
Consensus Calendar form.Consensus Calendar form.
89
Written Motion Filed
Motions to place a measure on the Consensus Calendar are in order once the measure has Motions to place a measure on the Consensus Calendar are in order once the measure has
accumulated at least 290 cosponsors and the measure remains unreported by the committee of accumulated at least 290 cosponsors and the measure remains unreported by the committee of
primary jurisdiction. The measure’s sponsor presents to the Clerk a motion in writing.primary jurisdiction. The measure’s sponsor presents to the Clerk a motion in writing.
The sponsoring Member may file the motion on any day the House meets. While the House is in
The sponsoring Member may file the motion on any day the House meets. While the House is in
session, the Member requests a calendar motion form from the session, the Member requests a calendar motion form from the
TallyTal y Clerk at the rostrum. The Clerk at the rostrum. The
Member records the measure’s number on the form, signs the form, and submits it to the Member records the measure’s number on the form, signs the form, and submits it to the
Tally Clerk.
Motion Placed in Custody of Clerk
Following submittal, the motion is placed in the custody of the Clerk. Pursuant to the rule, the Clerk is to maintain a list of all Consensus Calendar motions and make that list publicly available in electronic form. In addition, the motion is to be printed in the Congressional Record in a portion designated for that purpose. The Clerk’s website, clerk.house.gov, maintains the list of
7Tal y
Clerk.
8 During any covered period designated by During any covered period designated by
the Speaker pursuant to Section 1(a) of H.Res. 965 (116th Congress), the Speaker pursuant to Section 1(a) of H.Res. 965 (116th Congress),
Members and staff Members and staff
may submit could submit cosponsor forms electronically to the Office of the Clerk. See Office of House Majority cosponsor forms electronically to the Office of the Clerk. See Office of House Majority
Leader Steny Hoyer, “Leader Steny Hoyer, “
Floor Update—Electronic SubmissionFloor Update—Electronic Submission
of Floor Documents,” https://www.majorityleader.gov/of Floor Documents,” https://www.majorityleader.gov/
content/floor-update-electronic-submission-floor-documents. content/floor-update-electronic-submission-floor-documents.
8 The9 T he Bill and Bill and
TallyT ally Clerks work within the Office of the Clerk and may be contacted by Members Clerks work within the Office of the Clerk and may be contacted by Members
and congressional and congressional
staff at 202-225-7000. staff at 202-225-7000.
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The House Consensus Calendar: Establishment, Principal Features, and Practice
Motion Placed in Custody of Clerk Following submittal, the motion is placed in the custody of the Clerk. Pursuant to the rule, the
Clerk is to maintain a list of al Consensus Calendar motions and make that list publicly available in electronic form. In addition, the motion is to be printed in the Congressional Record in a portion designated for that purpose. The Clerk’s website, clerk.house.gov, maintains the list of and Practice
properly filed motions under the “legislation information” tab.properly filed motions under the “legislation information” tab.
910 The list contains links to The list contains links to
the each
motion’s motion’s
Congressional Record notice and to the measure’s page in Congress.gov.notice and to the measure’s page in Congress.gov.
1011
25-Legislative-Day Waiting Period
After a motion is filed with the Clerk, the measure must maintain at least 290 cosponsors for a After a motion is filed with the Clerk, the measure must maintain at least 290 cosponsors for a
cumulative period of 25 legislativecumulative period of 25 legislative
days. A legislativedays. A legislative
day, as opposed to a calendar day, begins day, as opposed to a calendar day, begins
when the House meets following an adjournment and ends when the House next adjourns. In when the House meets following an adjournment and ends when the House next adjourns. In
most instances, a 25-legislative-day period is equal to 25 calendar days on which the House is in most instances, a 25-legislative-day period is equal to 25 calendar days on which the House is in
session.session.
1112
The first legislative day that follows the filing of the motion with the Clerk is Day 1 of the
The first legislative day that follows the filing of the motion with the Clerk is Day 1 of the
required 25-legislative-day period. Any legislativerequired 25-legislative-day period. Any legislative
day in which the measure has at least 290 day in which the measure has at least 290
cosponsors counts toward cosponsors counts toward
fulfillingfulfil ing the requirement, even if the measure experiences a transitory the requirement, even if the measure experiences a transitory
drop below the 290 threshold due to cosponsorship withdrawal.drop below the 290 threshold due to cosponsorship withdrawal.
1213 Under those circumstances, the Under those circumstances, the
legislative
legislative day count resumes once a sufficient number of additional cosponsors are accrued. day count resumes once a sufficient number of additional cosponsors are accrued.
Clerk Tracks Legislative Days
Once the measure maintains 290 cosponsors for a cumulative period of 25 legislative
Once the measure maintains 290 cosponsors for a cumulative period of 25 legislative
days, it is days, it is
assigned to the Consensus Calendar. However, special rules reported from the Rules Committee assigned to the Consensus Calendar. However, special rules reported from the Rules Committee
and agreed to by the House may alter the count of legislative days as they apply to the Consensus and agreed to by the House may alter the count of legislative days as they apply to the Consensus
Calendar rule. (See Calendar rule. (See
“Use of Special Rules Affecting the Consensus Calendar” below.) below.)
The Office of the Clerk tracks legislative days as they pertain to the Consensus Calendar and may
The Office of the Clerk tracks legislative days as they pertain to the Consensus Calendar and may
be contacted by Members or congressional staff to verify the legislative day count for any be contacted by Members or congressional staff to verify the legislative day count for any
measure subject to a calendar motion. Such verification may be particularly helpful when a measure subject to a calendar motion. Such verification may be particularly helpful when a
special rule is altering the count of legislative days as they pertain to calendar placement. special rule is altering the count of legislative days as they pertain to calendar placement.
Withdrawal of MotionsMotions Considered as Withdrawn Prior to Completion of Waiting Period
As noted, the motion to place a measure on the calendar is considered as withdrawn if the
As noted, the motion to place a measure on the calendar is considered as withdrawn if the
committee of primary jurisdiction reports the measure prior to the completion of the 25-committee of primary jurisdiction reports the measure prior to the completion of the 25-
legislative-day period. legislative-day period.
Additionally, Additional y, if an unreported measure is considered on the House floor, it if an unreported measure is considered on the House floor, it
is no longer eligibleis no longer eligible
for calendar placement.
10 For a list of Consensus for calendar placement.
Assignment to Calendar
Once a measure has met the 25-legislative-day requirement, the Clerk places it on the Consensus Calendar. Once on the calendar, the measure retains its listing even if its number of cosponsors
9 For a list of Consensus Calendar motions, go to https://clerk.house.gov/ConsensusCalendarMotions. Calendar motions, go to https://clerk.house.gov/ConsensusCalendarMotions.
1011 On the day the motion is filed, the On the day the motion is filed, the
Congressional Record notes the motion as: Under clausenotes the motion as: Under clause
7 of rule XV,7 of rule XV,
the the
followingfollowing
motion was filed with the Clerk: Motion No. __, date by Mr.motion was filed with the Clerk: Motion No. __, date by Mr.
[Ms.] ___ on H.R. _____. [Ms.] ___ on H.R. _____.
1112 A legislative day begins A legislative day begins
when the House meets after an adjournment and ends whenwhen the House meets after an adjournment and ends when
the House adjourns. Generally, the House adjourns. Generally,
in the House, a legislative day takes place on one calendar day. However, it is possiblein the House, a legislative day takes place on one calendar day. However, it is possible
for the House to adjourn and for the House to adjourn and
meet again in the same calendar day, creating two legislative days,meet again in the same calendar day, creating two legislative days,
or have a or have a
legislativelegislat ive day that spans more than one day that spans more than one
calendar day. Clausecalendar day. Clause
7(c), Rule7(c), Rule
XV, Rules XV, Rules of the Houseof the House
of Representatives, of Representatives,
116th116 th Congress, p. 30. Congress, p. 30.
1213 A cosponsor may request by unanimous consent to be withdrawn A cosponsor may request by unanimous consent to be withdrawn
as a cosponsor of a measureas a cosponsor of a measure
“until the last “until the last
committee of referral has filed its report with the House or has been dischargedcommittee of referral has filed its report with the House or has been discharged
from its consideration.” Seefrom its consideration.” See
CRS CRS
Report RS22477, Report RS22477,
Sponsorship and Cosponsorship of House Bills, by Mark J. Oleszek. , by Mark J. Oleszek.
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Assignment to Calendar Once a measure has met the 25-legislative-day requirement, the Clerk places it on the Consensus
Calendar. Once on the calendar, the measure retains its listing even if its number of cosponsors and Practice
drops below the 290 threshold. The measure remains on the calendar until it is considered by the drops below the 290 threshold. The measure remains on the calendar until it is considered by the
House or it is reported by the committee of primary jurisdiction. House or it is reported by the committee of primary jurisdiction.
The calendar lists each measure that is currently assigned and provides the following information:
The calendar lists each measure that is currently assigned and provides the following information:
the motion’s number, date entered, and filing Member; the the motion’s number, date entered, and filing Member; the
bill bil number; the committee of primary number; the committee of primary
jurisdiction; and the calendar number. The Consensus Calendar is contained in the jurisdiction; and the calendar number. The Consensus Calendar is contained in the
Calendars of
the United States House of Representatives and History of Legislation, which is updated on each , which is updated on each
day that the House is in session. This publication is availableday that the House is in session. This publication is available
from the Government Publishing from the Government Publishing
Office on govinfo.gov and may also be accessed via Congress.gov.Office on govinfo.gov and may also be accessed via Congress.gov.
1314
Speaker’s Designation for Consideration
Pursuant to the rule, during each week that the House convenes, the Speaker is to designate, and Pursuant to the rule, during each week that the House convenes, the Speaker is to designate, and
the House is to consider, at least one measure listed on the Consensus Calendar. This provision the House is to consider, at least one measure listed on the Consensus Calendar. This provision
does not apply “before March 1 of an odd-numbered year and after September 30 of an even-does not apply “before March 1 of an odd-numbered year and after September 30 of an even-
numbered year.”numbered year.”
14 15
The designation is announced from the chair prior to the measure’s consideration and is
The designation is announced from the chair prior to the measure’s consideration and is
subsequently printed in the subsequently printed in the
Congressional Record. The notification is placed in its own section—. The notification is placed in its own section—
CONSENSUS CALENDAR—andCONSENSUS CALENDAR—and
states: “The Chair announces the Speaker’s designation, states: “The Chair announces the Speaker’s designation,
pursuant to clause 7(a)(1) of rule XV, of H.R. ___ as the measure on the Consensus Calendar to pursuant to clause 7(a)(1) of rule XV, of H.R. ___ as the measure on the Consensus Calendar to
be considered this week.” be considered this week.”
Notwithstanding the rule, special rules reported by the Rules Committee and agreed to by the
Notwithstanding the rule, special rules reported by the Rules Committee and agreed to by the
House may waive the requirement that the Speaker designate a measure that is listed on the House may waive the requirement that the Speaker designate a measure that is listed on the
calendar during each week that the House is in session. The resolution may specify that clause calendar during each week that the House is in session. The resolution may specify that clause
7(a)(1) of Rule XV 7(a)(1) of Rule XV
shall shal not apply to a particular measure. (See not apply to a particular measure. (See
“Use of Special Rules Affecting
the Consensus Calendar” below.) below.)
Consideration of Measures
Consensus Calendar measures may be considered on the floor under the same procedures used for Consensus Calendar measures may be considered on the floor under the same procedures used for
other measures. Accordingly, a designated measure may be considered under the suspension of other measures. Accordingly, a designated measure may be considered under the suspension of
the rules procedure, under the terms of a special rule reported by the Committee on Rules, or the rules procedure, under the terms of a special rule reported by the Committee on Rules, or
pursuant to a unanimous consent request.
14 T he Government Publishing Office provides House Calendars, 1995-present, at https://www.govinfo.gov/app/collection/ccal/116/hcal. 15 Clause 7(a)(2) of Rule XV.
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pursuant to a unanimous consent request.
Practice in the 116th Congress
The following section discusses actionsThe following section discusses actions
, as of August 15, 2020, that followed the filing of that followed the filing of
Consensus Calendar motions in Consensus Calendar motions in
the 116th Congress (2019-2020). the 116th Congress (2019-2020).
Motions Filed in the 116th Congress
In the 116th Congress, In the 116th Congress,
as of August 15, 2020, Members filed 12 motions to assign measures to the Members filed 12 motions to assign measures to the
Consensus Calendar Consensus Calendar
(see (see Table 1). .
All Al of the measures were House of the measures were House
billsbil s. There were no motions . There were no motions
filed on simple filed on simple
resolutions, joint resolutions, or concurrent resolutions. resolutions, joint resolutions, or concurrent resolutions.
13 The Government Publishing Office provides House Calendars, 1995-present, at https://www.govinfo.gov/app/collection/ccal/116/hcal.
14 Clause 7(a)(2) of Rule XV.
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Three motions resulted in measures being assigned to the Consensus Calendar, and two of these
Three motions resulted in measures being assigned to the Consensus Calendar, and two of these
measures were designated by the Speaker for consideration on the floor. The third measure, H.R. measures were designated by the Speaker for consideration on the floor. The third measure, H.R.
533, was not designated for floor consideration due to the terms of a special rule.533, was not designated for floor consideration due to the terms of a special rule.
Eight motions were
Eight motions were
considered as withdrawn prior to the measures’ assignment because the measures were withdrawn prior to the measures’ assignment because the measures were
either reported by the committee of primary jurisdiction (one measure) or considered by the either reported by the committee of primary jurisdiction (one measure) or considered by the
House before they were eligible for placement (seven measures). An additional House before they were eligible for placement (seven measures). An additional
motion, which motion, which
was submitted in Februarywas submitted in February
2020, was not considered as, has not been withdrawn, but withdrawn, but
as of this writing, the associated measure the associated measure
has not beenwas not assigned to the Consensus Calendar because a series of special rules adopted by the assigned to the Consensus Calendar because a series of special rules adopted by the
House paused the accumulation of legislative days for purposes of the Consensus House paused the accumulation of legislative days for purposes of the Consensus
Calendar rule.Calendar rule.
The House
The House
has considered 10 of the 12 considered 10 of the 12
billsbil s subject to calendar motions. These subject to calendar motions. These
billsbil s were raised were raised
and considered under the suspension of the rules procedure. The remaining measures, H.R. 533 and considered under the suspension of the rules procedure. The remaining measures, H.R. 533
and and
H.R. 1379, H.R. 1379,
have not receiveddid not receive floor consideration floor consideration
as of this writing. .
Of the 12 calendar-associated measures, seven bil s had their initial policy provisions, as introduced, enacted either via the same bil or a related bil . Four bil s were enacted into law as stand-alone bil s. One of these bil s, H.R. 748, did not retain its initial policy provisions after
amendment by the Senate. Its initial policy provisions, however, were enacted via a related bil (H.R. 1865). Three additional measures had their initial policy provisions enacted via a related
bil .16
Measures Assigned to the Calendar
Pursuant to the rule, the three calendar-assigned measures each accumulated at least 290 Pursuant to the rule, the three calendar-assigned measures each accumulated at least 290
cosponsors and retained the required cosponsorship threshold for 25 legislative days prior to cosponsors and retained the required cosponsorship threshold for 25 legislative days prior to
placement on the calendar. Of these, one became law (H.R. 748, P.L. 116-136) with different placement on the calendar. Of these, one became law (H.R. 748, P.L. 116-136) with different
policy provisions than those presented in the policy provisions than those presented in the
billbil ’s introduced text, one passed the House and ’s introduced text, one passed the House and
has been was referred to a Senate committee (H.R. 693)referred to a Senate committee (H.R. 693)
with no further action, and one remained, and one remains on the Consensus Calendar for on the Consensus Calendar for
the duration of the 116th Congress for reasons discussed below (H.R. reasons discussed below (H.R.
553). 553).
H.R. 748 (Amended by Senate and Enacted into Law )
Representative Joe Courtney of Connecticut introduced H.R. 748 as the Middle Class Health
Representative Joe Courtney of Connecticut introduced H.R. 748 as the Middle Class Health
Benefits Tax Repeal Act of 2019. After its assignment to the calendar and the Speaker’s Benefits Tax Repeal Act of 2019. After its assignment to the calendar and the Speaker’s
announced designation, the House considered and passed the announced designation, the House considered and passed the
billbil , as amended, and sent it to the
16 For the purposes of this report, related bill is defined as a bill that has been identified by CRS, the House, or the Senate to have substantial text or policy similarities to a measure subject to a Consensus Calendar motion.
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, as amended, and sent it to the Senate. Several months after receiving the measure, the Senate passed H.R. 748 with an Senate. Several months after receiving the measure, the Senate passed H.R. 748 with an
amendment in the nature of a substitute providing pandemic reliefamendment in the nature of a substitute providing pandemic relief
measures. The House agreed to measures. The House agreed to
this version of the this version of the
billbil —now titled the Coronavirus Aid, Relief, and Economic Security Act —now titled the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act)—and it was enacted into law as P.L. 116-136 on March 27, 2020. (CARES Act)—and it was enacted into law as P.L. 116-136 on March 27, 2020.
Meanwhile, Congress passed H.R. 1865, the Further Consolidated Appropriations Act, 2020 (P.L. 116-94),
which contained the excise tax repeal provision included in the introduced version of H.R. 748.
H.R. 693 (Passed by House and Referred to Senate Committee)
Following the Speaker’s designation, the House considered and passed, as amended, H.R. 693,
Following the Speaker’s designation, the House considered and passed, as amended, H.R. 693,
the U.S. Senator Joseph D. Tydings Memorial Prevent the U.S. Senator Joseph D. Tydings Memorial Prevent
all al Soring Tactics Act of 2019.Soring Tactics Act of 2019.
17 The Senate The Senate
received the received the
bill bil and referred it to the Senate Committee on Commerce, Science, and and referred it to the Senate Committee on Commerce, Science, and
Transportation.
H.R. 553 (Remains
Transportation, where it received no further action.
H.R. 553 (Remained on Consensus Calendar Pursuant to Subsequent House
Action)
Sponsored by Representative Joe Wilson of South Carolina, H.R. 553, the Military Surviving
Sponsored by Representative Joe Wilson of South Carolina, H.R. 553, the Military Surviving
Spouses Equity Act, reached the Consensus Calendar on July 12, 2019, as the first and, at that Spouses Equity Act, reached the Consensus Calendar on July 12, 2019, as the first and, at that
time, only listing. However, H.Res. 476, a special rule agreed to by the House providing for the time, only listing. However, H.Res. 476, a special rule agreed to by the House providing for the
consideration of H.R. 2500, a version of the National Defense Authorization Act for Fiscal Year consideration of H.R. 2500, a version of the National Defense Authorization Act for Fiscal Year
2020, established that the requirements of clause 7(a)(1) of Rule XV requiring the House to 2020, established that the requirements of clause 7(a)(1) of Rule XV requiring the House to
consider a measure pending on the Consensus Calendar designated by the Speaker each week it consider a measure pending on the Consensus Calendar designated by the Speaker each week it
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convened did not apply to H.R. 553. Consequently, H.R. 553 remains on the Consensus Calendar. (See “Use of Special Rules Affecting the Consensus Calendar” below.)15
Motions convened did not apply to H.R. 553. Consequently, H.R. 553 remained on the Consensus Calendar until the end of the 116th Congress. (See “Use of Special Rules Affecting the Consensus
Calendar” below.)
H.R. 533’s policy provisions, however, were agreed to by the House. The special rule associated with H.R. 2500 folded the text of H.R. 553 into the version of H.R. 2500 that was adopted on the House floor. The enacted version of the FY2020 National Defense Authorization Act, S. 1790,
has similar, but not identical, policy provisions as H.R. 553.18
Motions Considered as Withdrawn Prior to Calendar Placement
As previously indicated, pursuant to the rule, any motion to place a measure on the Consensus As previously indicated, pursuant to the rule, any motion to place a measure on the Consensus
Calendar Calendar
shall shal be considered as withdrawn if the associated measure is reported by the committee be considered as withdrawn if the associated measure is reported by the committee
of primary jurisdiction or if it is considered by the House. Eight motions filed in the 116th of primary jurisdiction or if it is considered by the House. Eight motions filed in the 116th
Congress were considered Congress were considered
as withdrawn. One was considered as withdrawn due to the committee report of the associated measure withdrawn due to the committee report of the associated measure
(H.R. 1980)(H.R. 1980)
or. Seven were considered as withdrawn because the House considered, without a committee report, the associated because the House considered, without a committee report, the associated
measures (H.R. 550, H.R. 724, measures (H.R. 550, H.R. 724,
H.R. 1044, H.R. 1773, H.R. 2382, H.R. 3589, H.R. 4305).H.R. 1044, H.R. 1773, H.R. 2382, H.R. 3589, H.R. 4305).
The eight measures subject to
The eight measures subject to
withdrawn motions all passed the House.motions considered as withdrawn al passed the House. Three of
the associated measures were enacted into law as stand-alone measures: H.R. 724, the Preventing H.R. 724, the Preventing
AnimalAnimal
Cruelty and Torture ActCruelty and Torture Act
, was enacted into law (P.L. 116-72) (P.L. 116-72)
. Another measure,; H.R. H.R.
550, passed the House with the title “the Merchant Mariners of World War II Congressional Gold Medal Act of 2019.” The Senate passed the bill with a full substitute amendment, which changed its policy provisions. The House concurred with the Senate amendment with a further House amendment, and the measure, now titled “the No War Against Iran Act,” has been sent back to the Senate. The remaining six measures, as of August 15, 2020, have not received Senate floor action.
Motion Affected by Subsequent House Actions
One motion, which was submitted on February 26, 2020, has not been withdrawn, nor has the associated measure been assigned to the Consensus Calendar. The bill, H.R. 1379, the Ensuring All Smiles Act, accumulated 10 legislative days before a series of special rules agreed to by the House prevented further daily sessions from counting towards the 25-legislative-day requirement until after September 21, 2020.16
The first special rule, H.Res. 891, specified a period (March 13 through March 22, 2020) and stated, “Each day during the period … shall not constitute a legislative day for purposes of clause 7 of rule XV.” Subsequently, the House agreed to special rules that collectively extended the covered period to September 21. (See “Use of Special Rules Affecting the Consensus Calendar” below.)
Clause 7(a)(2) of Rule XV states that the requirement that the House consider at least one Consensus Calendar measure each week it convenes, as designated by the Speaker, “does not apply before March 1 of an odd-numbered year or after September 30 of an even-numbered year.” Pursuant to this provision, should H.R. 1379 or any other measure be assigned to the calendar after that date, there would be no requirement that the House consider legislation on the calendar. The House could, of course, still choose to do so if it desired.
15 H.R. 533’s policy provisions, however, were agreed to by the House. The special rule associated with H.R. 2500 folded the text of H.R. 553 into the version of H.R. 2500 that was adopted on the House floor. The enacted version of the FY2020 National Defense Authorization Act, S. 1790, has similar, but not identical, policy provisions as H.R. 553. See CRS Report R46144, FY2020 National Defense Authorization Act: P.L. 116-92 (H.R. 2500, S. 1790), by Pat Towell; and CRS Legal Sidebar LSB10316, FY2020 NDAA Analysis: Elimination of Benefits Offset for Surviving
Spouses and Related Legal Issues, by Mainon A. Schwartz.
16 Additional special rules agreed to by the House during the remainder of this Congress could alter the accumulation of legislative days as they pertain to Consensus Calendar placement.
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1733, the Rosie the Riveter Congressional
17 T his bill intended to expand regulations related to the intentional “soring” of horses’ legs to produce higher gaits at horse shows and exhibitions. 18 See CRS Report R46144, FY2020 National Defense Authorization Act: P.L. 116-92 (H.R. 2500, S. 1790), by Pat T owell; and CRS Legal Sidebar LSB10316, FY2020 NDAA Analysis: Elim ination of Benefits Offset for Surviving Spouses and Related Legal Issues, by Mainon A. Schwartz.
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Gold Medal Act of 2019 (P.L. 116-195); and, H.R. 3589, the Greg LeMond Congressional Gold
Medal Act (P.L. 116-208).
Two measures had their original policy provisions enacted into law via related bil s. The
provisions of H.R. 550, which was introduced as the Merchant Mariners of World War II Congressional Gold Medal Act of 2019, were enacted in H.R. 5671. H.R. 1980, the provisions of the Smithsonian Women’s History Museum Act, were included in H.R. 133, the Consolidated
Appropriations Act, 2021.
The Senate passed H.R. 1044, the Fairness for High-Skil ed Immigrants Act of 2020, with a full amendment in the nature of a substitute. The House did not consider the Senate amendment, and the measure was not enacted into law. The remaining two measures (H.R. 2382 and H.R. 4305)
did not receive Senate floor action.
Motion Affected by Subsequent House Actions One motion, which was submitted on February 26, 2020, was not considered as withdrawn, nor
was the associated measure assigned to the Consensus Calendar or considered by the House.19 The bil , H.R. 1379, the Ensuring Al Smiles Act, accumulated 10 legislative days before a series of special rules agreed to by the House prevented further daily sessions from counting toward the
25-legislative-day requirement.
The first special rule, H.Res. 891, specified a period (March 13 through March 22, 2020) and stated, “Each day during the period … shal not constitute a legislative day for purposes of clause 7 of rule XV.” Subsequently, the House agreed to special rules that collectively extended the covered period for the remainder of the 116th Congress.20 (See “Use of Special Rules Affecting
the Consensus Calendar” below.)
Use of Special Rules Affecting the Consensus Calendar
Special rules reported by the Rules Committee and agreed to by the House are used to raise and Special rules reported by the Rules Committee and agreed to by the House are used to raise and
regulate the floor consideration of measures specified in the resolutions. The same special rule regulate the floor consideration of measures specified in the resolutions. The same special rule
that governs the terms of a specified measure’s consideration may also waive certain House rules that governs the terms of a specified measure’s consideration may also waive certain House rules
that would otherwise affect that measure or other measures or motions, including those associated that would otherwise affect that measure or other measures or motions, including those associated
with the Consensus Calendar.with the Consensus Calendar.
17 21
As noted above, in the 116th Congress, one special rule agreed to by the House waived the
As noted above, in the 116th Congress, one special rule agreed to by the House waived the
requirement (as it applied to a specified measure) that the Speaker consider at least one measure requirement (as it applied to a specified measure) that the Speaker consider at least one measure
listed on the Consensus Calendar each week that the House convenes. Subsequent special rules listed on the Consensus Calendar each week that the House convenes. Subsequent special rules
have provided that certain House meetings not be considered a “legislative day” for purposes of have provided that certain House meetings not be considered a “legislative day” for purposes of
assigning measures to the Consensus Calendar.assigning measures to the Consensus Calendar.
Rule Restricting Speaker’s Designation
The first measure assigned to the Consensus Calendar, H.R. 553,
The first measure assigned to the Consensus Calendar, H.R. 553,
haswas not not
been designated for designated for
consideration due to the terms of a special rule, H.Res. 476. Among its provisions, H.Res. 476 consideration due to the terms of a special rule, H.Res. 476. Among its provisions, H.Res. 476
states: “Clause 7(a)(1) of rule XV states: “Clause 7(a)(1) of rule XV
shall shal not apply with respect to H.R. 553.” Consequently, H.R. 19 T he Committee on Energy and Commerce ordered the bill reported on September 9, 2020, but did not file a written report with the Office of the Clerk, so the measure remained unreported.
20 T he final House resolution, in the series of resolutions that collectively extended the covered period for the remainder of the 116th Congress, was H.Res. 1224. 21 See CRS Report 98-433, Special Rules and Waivers of House Rules, by Megan S. Lynch.
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553 remainednot apply with respect to H.R. 553.” Consequently, H.R. 553 remains listed on the calendar listed on the calendar
until the end of the 116th Congress and wasand is not subject to the clause 7(a)(1) requirement that “[a]t not subject to the clause 7(a)(1) requirement that “[a]t
least once during any week in which the House convenes, the House least once during any week in which the House convenes, the House
shall shal consider a measure on consider a measure on
the Consensus Calendar as designated by the Speaker.” In addition to waiving the Consensus the Consensus Calendar as designated by the Speaker.” In addition to waiving the Consensus
Calendar rule, H.Res. 476 folded the text of H.R. 553 into Calendar rule, H.Res. 476 folded the text of H.R. 553 into
another bill
another bil , H.R. 2500. (See , H.R. 2500. (See
“Measures Assigned to the Calendar.”) )
Rules Regulating the Count of Legislative Days
Special rules agreed to in the 116th Congress excluded certain days from counting toward the 25-
Special rules agreed to in the 116th Congress excluded certain days from counting toward the 25-
legislative-day requirement of Rule XV. These resolutions contain one section designating a time legislative-day requirement of Rule XV. These resolutions contain one section designating a time
period and another section that states: “Each day during the period addressed by section ____ of period and another section that states: “Each day during the period addressed by section ____ of
this resolution this resolution
shall shal not constitute a legislativenot constitute a legislative
day for purposes of clause 7 of rule XV.” day for purposes of clause 7 of rule XV.”
During the 1st session of the 116th Congress, the special rules specified periods (e.g., May 24,
During the 1st session of the 116th Congress, the special rules specified periods (e.g., May 24,
2019 through May 31, 2019) that encompassed the weeks around federal holidays (Memorial 2019 through May 31, 2019) that encompassed the weeks around federal holidays (Memorial
Day, Independence Day, Columbus Day, and Veterans Day) and spanned the annual August Day, Independence Day, Columbus Day, and Veterans Day) and spanned the annual August
recess, as recess, as
well wel as the last few weeks of the session.as the last few weeks of the session.
1822 During these periods, the House was During these periods, the House was
expected to conduct little or no legislativeexpected to conduct little or no legislative
business when meeting in short business when meeting in short
pro forma sessions. sessions.
1923 Special rules addressing these time periods often waive specified House rules or provide for the Special rules addressing these time periods often waive specified House rules or provide for the
approval of the approval of the
Journal of the House of Representatives for the previous day’s proceedings. for the previous day’s proceedings.
In the second session, a series of special rules established an extended time period during which
In the second session, a series of special rules established an extended time period during which
legislativelegislative
days days
arewere not to be counted for purposes of the Consensus Calendar rule. not to be counted for purposes of the Consensus Calendar rule.
20 Thus, H.R.
17 See CRS Report 98-433, Special Rules and Waivers of House Rules, by Megan S. Lynch. 18 These special rules are 24 Pursuant to these rules, H.R. 1379, which was subject to a motion submitted on February 26, 2020, did not accumulate additional legislative days after mid-March 2020. (See “Motion Affected by
Subsequent House Actions.”)
22 T hese special rules were H.Res. 389, H.Res. 445, H.Res. 509, H.Res. 577, H.Res. 656, and H.Res. 758 (116th H.Res. 389, H.Res. 445, H.Res. 509, H.Res. 577, H.Res. 656, and H.Res. 758 (116th
Congress). Congress).
19 The23 T he term term
pro forma session identifies a session identifies a session
conducted primarily to avoid a formal recess or adjournment lasting conducted primarily to avoid a formal recess or adjournment lasting
for three days or more, which, under Article I, Section 5, of the Constitution, would requirefor three days or more, which, under Article I, Section 5, of the Constitution, would require
the consent of the other the consent of the other
chamber. chamber.
These sessions T hese sessions are brief (often less are brief (often less
thant han five minutes) and are generally not expected to include votes or five minutes) and are generally not expected to include votes or
debate. debate.
TheyT hey otherwise would, otherwise would,
however, count as a legislative day. Seehowever, count as a legislative day. See
CRS CRS Report R42977, Report R42977,
Sessions, AdjournmentsAdjournm ents,
and Recesses of Congress, by Richard, by Richard
S. S. Beth and ValerieBeth and Valerie
Heitshusen.
20 As of August 15, 2020, the special rules are Heitshusen. 24 T he special rules were established in H.Res. 891, H.Res. 905, H.Res. 911, H.Res. 920, H.Res. 945, H.Res. H.Res. 891, H.Res. 905, H.Res. 911, H.Res. 920, H.Res. 945, H.Res.
967, H.Res. 1017, 967, H.Res. 1017,
and H.Res. 1053.
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1379, subject to a motion submitted on February 26, 2020, has not, as of this writing, accumulated additional legislative days since mid-March. (See “Motion Affected by Subsequent
House Actions.”)
Congressional Research Service H.Res. 1053, H.Res. 1107, and H.Res. 1224, which extended the covered period, in which legislative days were not counted for purposes of the Consensus Calendar, for the remainder of the 116th Congress.
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Table 1. Measures Subject to Consensus Calendar Motions Filed in the 116th Congress (2019-August 15, 2020)2020)
Provisions
House
Assigned to
Motion
Enacted into
House
Measure
Committee of
Assigned to
Motion
Calendar
Considered as
Law via the
(Introduction
of Primary
Calendar (Date(Date of
Withdrawn
Same or
Day)
Sponsor
Title
Jurisdiction
Motion Filed
of Placement)
(Reason)
Latest Action
House
amendments to
H.R. 550
yes
Garamendi (CA)
No War Against
Financial ServicesRelated Billa
No War
Against Iran Act
(title as
House
introduced:
yes
amendments to
H.R. 550
Garamendi
Merchant
Financial
06/25/2019
no
Senate
(considered in
yes
(01/15/2019)
(CA)
Mariners of
Services
amendment
World War II
House)
received in the
(via H.R. 5671)
Congressional
Senate
Gold Medal Act
of 2019)
Military
H.R. 553
Surviving
yes
remained on
yes
Wilson (SC)
Armed
06/25/2019
no
Senate
(01/15/2019)
Iran Acta
(considered in
amendment
House)
received in the
Senateb
H.R. 553
Military Surviving
yes
remains on
Wilson (SC)
Spouses Equity
Armed Services Services
05/16/2019
05/16/2019
no
no
calendar subject
calendar subject
(01/15/2019)
(01/15/2019)
ActSpouses Equity
(07/12/2019)
(07/12/2019)
(via S. 1790)
Act
to H.Res. 476bto H.Res. 476c
U.S. Senator
U.S. Senator
referred
referred
to Senate
H.R. 693
Joseph D. Tydings to
Joseph D.
Senate
Tydings
Committee on
H.R. 693
Energy and
yes
Energy and
yes
Committee on
Schrader (OR)
Schrader (OR)
Memorial
Memorial
Prevent
no
no
Commerce,
Commerce,
no
(01/22/2019) (01/22/2019)
Prevent Al
Commerce Commerce
05/23/2019
05/23/2019
All Soring Tactics
(07/19/2019) (07/19/2019)
Science, and
Science, and
Soring Tactics
Transportation
Act of 2019
Act of 2019
Transportation
Preventing
Preventing
Animal
yes
yes
H.R. 724
H.R. 724
enacted into
Deutch (FL) Deutch (FL)
Cruelty andAnimal Cruelty
Judiciary
Judiciary
10/16/2019
10/16/2019
no
no
enacted into lawlaw as P.L. 116-
yes
(01/23/2019)
(01/23/2019)
and Torture
(considered in
72
Act
House)
Provisions
House
Assigned to
Motion
Enacted into
Measure
Committee
Calendar
Considered as
Law via the
(Introduction
of Primary
(Date of
Withdrawn
Same or
Day)
Sponsor
Title
Jurisdiction
Motion Filed
Placement)
(Reason)
Latest Action
Related Billa
Coronavirus
Aid, Relief, and
Economic
Security Act
amended
H.R. 748
(title as
Ways and
yes
version enacted
yes
Courtney (CT)
no
(01/24/2019)
introduced:
Means
5/21/2019
(07/17/2019)
into law as P.L.
(via H.R. 1865)c
Middle Class
116-136
Health Benefits
Tax Repeal Act
of 2019)
amended and
Fairness for
passed by
H.R. 1044
yes
High-Skil ed
Senate; message
Lofgren (CA)
Judiciary
06/18/2019
no
(considered in
no
(02/07/2019)
Immigrants Act
on Senate
of 2019
House)
action sent to
House
ordered to be
H.R. 1379
reported by
Ensuring Lasting
Energy and
Peterson (MN)
Committee on
no
(02/26/2019)
Smiles Act
Commerce
02/26/2020
nod
no
Energy and
Commerce
Rosie the
yes
H.R. 1733
Riveter
Financial
enacted into
Speier (CA)
Congressional
law as P.L. 116-
yes
(03/14/2019)
Services
09/12/2019
no
(considered in
Gold Medal Act
House)
195
of 2019
yes
Smithsonian
referred to
H.R. 1980
Women’s
House
(reported by
Senate
yes
Maloney (NY)
Committee on
(03/28/2019)
History
Administration
09/11/2019
no
committee of
(via H.R. 133)
Museum Act
primary
Rules and
jurisdiction)
Administration
Provisions
House
Assigned to
Motion
Enacted into
Measure
Committee
Calendar
Considered as
Law via the
(Introduction
of Primary
(Date of
Withdrawn
Same or
Day)
Sponsor
Title
Jurisdiction
Motion Filed
Placement)
(Reason)
Latest Action
Related Billa
yes
H.R. 2382
DeFazio (OR)
USPS Fairness
Oversight and
02/05/2020
no
received in
(considered in
no
(04/29/2019)
Act
Reform
Senate
House)
yes
H.R. 3589
Greg LeMond
enacted into
Thompson
Congressional
Financial
09/09/2019
no
(considered in
law as P.L. 116-
yes
(06/27/2019)
(CA)
Gold Medal Act
Services
House)
208
referred to the
H.R. 4305
PAWS for
yes
Senate
Veterans’
Stivers (OH)
Veterans
(considered in
Committee on
no
(09/12/2019)
Therapy Act
Affairs
01/09/2020
no(considered in
Torture Act
as P.L. 116-72
House)
Coronavirus Aid,
H.R. 748
Relief, and
yes
enacted into law
Courtney (CT)
Ways and Means
5/21/2019
no
(01/24/2019)
Economic Security
(07/17/2019)
as P.L. 116-136
Actd
Fairness for High-
yes
H.R. 1044
referred to Senate
Lofgren (CA)
Skil ed Immigrants
Judiciary
06/18/2019
no
(considered in
Committee on
(02/07/2019)
Act of 2019
House)
the Judiciary
H.R. 1379
Ensuring Lasting
Peterson (MN)
Energy and
02/26/2020
noe
no
subcommittee
(02/26/2019)
Smiles Act
Commerce
markup held
CRS-10
House
Measure
Committee of
Assigned to
Motion
(Introduction
Primary
Calendar (Date
Withdrawn
Day)
Sponsor
Title
Jurisdiction
Motion Filed
of Placement)
(Reason)
Latest Action
Rosie the Riveter
referred to Senate
H.R. 1733
yes
Speier (CA)
Congressional
Financial Services
09/12/2019
no
Committee on
(03/14/2019)
Gold Medal Act of
(considered in
Banking, Housing,
2019
House)
and Urban Affairs
yes
referred to Senate
H.R. 1980
Smithsonian
(reported by
Maloney (NY)
Women’s History
House
09/11/2019
no
Committee on
(03/28/2019)
committee of
Museum Act
Administration
Rules and
primary
Administration
jurisdiction)
H.R. 2382
yes
DeFazio (OR)
USPS Fairness Act
Oversight and
02/05/2020
no
received in Senate
(04/29/2019)
Reform
(considered in
House)
referred to the
yes
H.R. 3589
Greg LeMond
Senate
Thompson (CA)
Congressional
Financial Services
09/09/2019
no
(considered in
Committee on
(06/27/2019)
Gold Medal Act
House)
Banking, Housing, and Urban Affairs
referred to the
H.R. 4305
PAWS for
yes
Stivers (OH)
Veterans Therapy
Veterans’ Affairs
01/09/2020
no
Senate
(09/12/2019)
(considered in
Act
Committee on
House)
Veterans’
House)
Veterans’
Affairs Affairs
Source: Congress.gov. Congress.gov.
Notes:
a. H.R. 550 initially passed the House with different policy provisions and was then titled “Merchant Mariners of World War II Congressional Gold Medal Act of 2019.” b. Actions as of August 15, 2020. c. H.Res. a. Enacted provisions are the same or substantial y similar to those in the bil ’s text as introduced. Bil relationships as identified by CRS, the House, or the Senate are
noted in Congress.gov.
b. H.Res. 476, Section 5, states, “Clause 7(a)(1) of rule XV 476, Section 5, states, “Clause 7(a)(1) of rule XV
shall shal not apply with respect tonot apply with respect to
H.R. 553.”H.R. 553.”
d. H.R. 748 initially passed the House with different policy provisions and was then titled “Middle Class Health Benefits Tax Repeal Act of 2019.” e. Due to the terms of special rules reported from the Rules Committee, the motion associated with H.R. 1379 is no longer accumulating c. H.R. 748 was enacted into law with policy provisions that differed from those in the measure’s introduced text. The policy provisions from the text, as introduced,
were enacted via a different bil , H.R. 1865.
d. Due to the terms of special rules reported from the Rules Committee, the motion associated with H.R. 1379 was unable to accumulate more than 10 legislative
legislative days. days.
CRS-11
The House Consensus Calendar: Establishment, Principal Features, and Practice
Author Information
Jane A. Hudiburg Jane A. Hudiburg
Analyst on Congress and the Legislative Process
Analyst on Congress and the Legislative Process
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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