The House Consensus Calendar: Establishment, Principal Features, and Practice in the 116th Congress (2019-2020)

The House Consensus Calendar: Establishment, Principal Features, and Practice in the 116th Congress (2019-2020)

The House Consensus Calendar: Establishment, February 16, 2021
Principal Features, and Practice in the 116th
Jane A. Hudiburg
Congress (2019-2020)
Analyst on Congress and
the Legislative Process
Established in the 116th Congress (2019-2020) in clause 1 of House Rule XIII and clause 7 of

House 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,

the House 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 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
sponsor, and (4) have maintained at least 290 cosponsors for a cumulative total of 25 legislative days following the filing of
the motion.
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
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
Consensus Calendar, the motion is considered as withdrawn.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
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
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
to by the House, or via a unanimous consent request.
In the 116th Congress, House Members filed 12 motions to assign measures to the Consensus Calendar. All of the associated
measures were House bills. There were no motions filed on simple resolutions, joint 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
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.

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Contents
Introduction ................................................................................................................... 1
Establishment ................................................................................................................. 1
House Rules Package (116th Congress).......................................................................... 1
Problem Solvers Caucus Initiative ................................................................................ 1
Principal Features and Actions Taken Pursuant to House Rule XV .......................................... 2
Unreported Measures ................................................................................................. 2
290 Cosponsors Threshold .......................................................................................... 3
Cosponsors Accumulated....................................................................................... 3
Cosponsors Verified.............................................................................................. 3
Written Motion Filed.................................................................................................. 3
Motion Placed in Custody of Clerk............................................................................... 4
25-Legislative-Day Waiting Period............................................................................... 4
Clerk Tracks Legislative Days ................................................................................ 4
Motions Considered as Withdrawn Prior to Completion of Waiting Period .................... 4
Assignment to Calendar.............................................................................................. 5
Speaker’s Designation for Consideration ....................................................................... 5
Consideration of Measures .......................................................................................... 5
Practice in the 116th Congress ........................................................................................... 6
Motions Filed in the 116th Congress.............................................................................. 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) .................................. 7
H.R. 553 (Remained on Consensus Calendar Pursuant to Subsequent House
Action) ............................................................................................................ 7
Motions Considered as Withdrawn Prior to Calendar Placement ....................................... 7
Motion Affected by Subsequent House Actions .............................................................. 8
Use of Special Rules Affecting the Consensus Calendar .................................................. 8
Rule Restricting Speaker’s Designation ................................................................... 8
Rules Regulating the Count of Legislative Days ........................................................ 9

Tables
Table 1. Measures Subject to Consensus Calendar Motions Filed in the 116th Congress
(2019-2020) .............................................................................................................. 10

Contacts
Author Information ....................................................................................................... 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
alternative route to the floor for certain unreported bil s and resolutions that have accumulated a
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
convenes. (The requirement to consider such a measure does not apply during the first and last
weeks of a two-year Congress.)
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
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
cumulative period of 25 legislative days after the filing of the motion. Given these requirements,
the Consensus Calendar procedure is limited to non-reported measures that enjoy broad bipartisan
support.
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
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.
Establishment
House Rules Package (116th Congress)
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.
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 wel as the actions taken by
a measure’s sponsor to file motions and by the Clerk of the House to assign measures to the
calendar.
Problem Solvers Caucus Initiative
In the fal 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
Congress (2019-2020).2 Among these proposals, the caucus advocated for a requirement for
automatic committee and leadership action on bil s and joint resolutions that accumulated at least
290 cosponsors or were cosponsored by a majority of each political party. By the end of

1 T he purpose behind the Consensus Calendar route by which a measure may reach the floor may be compared to the
purpose of the House discharge petition procedure, which is defined in clause 2 of Rule XV and also provides a process
by which Members may call up an unreported House measure. Measures subject to the discharge procedure do not have
a cosponsorship threshold. Instead, a successful effort to discharge a committee of an unreported measure require s the
majority of the total membership of the House (218 Members) to sign a discharge petition, which is made available to
the public. See CRS Report R45920, Discharge Procedure in the House, by Mark J. Oleszek.
2 T he Problem Solvers Caucus’s proposals can be viewed at https://smucker.house.gov/sites/smucker.house.gov/files/
wysiwyg_uploaded/Break%20the%20Gridlock%20Packet.pdf.
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November 2018, the caucus reached an agreement with then-Minority Leader Nancy Pelosi that a
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
rules.3
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
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
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
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
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
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
the process of placing it on the Consensus Calendar can begin. Once a measure achieves 290
cosponsors, the sponsor, at any time when the House is in session, may file a written motion with
the Clerk formal y requesting that the legislation be placed on the Consensus 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 calendar 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 placement on the calendar, the measure is to be
removed. Thus, a primary committee may report a bil to prevent it from being placed on the
calendar or to remove it from the calendar.

3 See Problem Solvers Caucus, “ Major Rules Reform Agreement Reached with Leader Pelosi, Ranking Member
McGovern, and Ranking Members 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-
reform-agreement -reached-leader-pelosi-ranking-member-mcgovern-and. Also see press release of then-Minority
Leader Nancy Pelosi, “Pelosi Statement on Problem Solvers Caucus’ Proposed House Rules Change,” November 14,
2018, https://www.speaker.gov/newsroom/111418-2.
4 Congressional Record, vol. 165, 116th Cong., 1st sess. (January 3, 2019), p. H29.
5 Lindsey McPherson, “Is T here Consensus on the New House Consensus Calendar?,” Roll Call, July 15, 2019,
https://www.rollcall.com/2019/07/15/is-there-consensus-on-the-new-house-consensus-calendar/.
6 In the House, bills may be referred to more than one committee. When referring a bill to more than one committee,
the Speaker will in almost all cases name a primary committee of jurisdiction. Generally spe aking, the committee of
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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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
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
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
House floor.8 The Bil Clerk records each additional cosponsor and adjusts the total number of
cosponsors. This information is made publicly available in the Congress.gov database.
Cosponsors Verified
The Bil 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
the Bil 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.
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
Tal y Clerk working within the Office of the House Clerk. The Member or the Member’s staff
may inform the Tal y Clerk that a motion wil be filed on a specified day when the House is in
session. Pre-notification enables the Tal y Clerk to prepare for the Member’s request for a
Consensus Calendar form.9
Written Motion Filed
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
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
session, the Member requests a calendar motion form from the Tal y Clerk at the rostrum. The
Member records the measure’s number on the form, signs the form, and submits it to the Tal y
Clerk.

8 During any covered period designated by the Speaker pursuant to Section 1(a) of H.Res. 965 (116th Congress),
Members and staff could submit cosponsor forms electronically to the Office of the Clerk. See Office of House
Majority Leader Steny Hoyer, “ Floor Update—Electronic Submission of Floor Documents,”
https://www.majorityleader.gov/content/floor-update-electronic-submission-floor-documents.
9 T he Bill and T ally Clerks work within the Office of the Clerk and may be contacted by Members and congressional
staff at 202-225-7000.
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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
properly filed motions under the “legislation information” tab.10 The list contains links to each
motion’s Congressional Record notice and to the measure’s page in Congress.gov.11
25-Legislative-Day Waiting Period
After a motion is filed with the Clerk, the measure must maintain at least 290 cosponsors for a
cumulative period of 25 legislative days. A legislative day, as opposed to a calendar day, begins
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
session.12
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 legislative day in which the measure has at least 290
cosponsors counts toward fulfil ing the requirement, even if the measure experiences a transitory
drop below the 290 threshold due to cosponsorship withdrawal.13 Under those circumstances, the
legislative 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 days, it is
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
Calendar rule. (See “Use of Special Rules Affecting the Consensus Calendar” below.)
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
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.
Motions 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
committee of primary jurisdiction reports the measure prior to the completion of the 25-
legislative-day period. Additional y, if an unreported measure is considered on the House floor, it
is no longer eligible for calendar placement.

10 For a list of Consensus Calendar motions, go to https://clerk.house.gov/ConsensusCalendarMotions.
11 On the day the motion is filed, the Congressional Record notes the motion as: Under clause 7 of rule XV, the
following motion was filed with the Clerk: Motion No. __, date by Mr. [Ms.] ___ on H.R. _____.
12 A legislative day begins when the House meets after an adjournment and ends when the House adjourns. Generally,
in the House, a legislative day takes place on one calendar day. However, it is possible for the House to adjourn and
meet again in the same calendar day, creating two legislative days, or have a legislat ive day that spans more than one
calendar day. Clause 7(c), Rule XV, Rules of the House of Representatives, 116 th Congress, p. 30.
13 A cosponsor may request by unanimous consent to be withdrawn as a cosponsor of a measure “until the last
committee of referral has filed its report with the House or has been discharged from its consideration.” See CRS
Report RS22477, Sponsorship and Cosponsorship of House Bills, 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
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.
The calendar lists each measure that is currently assigned and provides the following information:
the motion’s number, date entered, and filing Member; the bil number; the committee of primary
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
day that the House is in session. This publication is available from the Government Publishing
Office on govinfo.gov and may also be accessed via Congress.gov.14
Speaker’s Designation for Consideration
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
does not apply “before March 1 of an odd-numbered year and after September 30 of an even-
numbered year.”15
The designation is announced from the chair prior to the measure’s consideration and is
subsequently printed in the Congressional Record. The notification is placed in its own section—
CONSENSUS CALENDAR—and 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
be considered this week.”
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
calendar during each week that the House is in session. The resolution may specify that clause
7(a)(1) of Rule XV shal not apply to a particular measure. (See “Use of Special Rules Affecting
the Consensus Calendar” below.)
Consideration of Measures
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
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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Practice in the 116th Congress
The following section discusses actions that followed the filing of Consensus Calendar motions in
the 116th Congress (2019-2020).
Motions Filed in the 116th Congress
In the 116th Congress, Members filed 12 motions to assign measures to the Consensus Calendar
(see Table 1). Al of the measures were House bil s. There were no motions filed on simple
resolutions, joint resolutions, or concurrent resolutions.
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.
533, was not designated for floor consideration due to the terms of a special rule.
Eight motions were considered as 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). An additional
motion, which was submitted in February 2020, was not considered as withdrawn, but the
associated measure was not 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
Calendar rule.
The House considered 10 of the 12 bil s subject to calendar motions. These bil s were raised and
considered under the suspension of the rules procedure. The remaining measures, H.R. 533 and
H.R. 1379, did not receive floor consideration.
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
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
policy provisions than those presented in the bil ’s introduced text, one passed the House and was
referred to a Senate committee (H.R. 693) with no further action, and one remained on the
Consensus Calendar for the duration of the 116th Congress for reasons discussed below (H.R.
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
Benefits Tax Repeal Act of 2019. After its assignment to the calendar and the Speaker’s
announced designation, the House considered and passed the bil , 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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Senate. Several months after receiving the measure, the Senate passed H.R. 748 with an
amendment in the nature of a substitute providing pandemic relief measures. The House agreed to
this version of the bil —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. 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,
the U.S. Senator Joseph D. Tydings Memorial Prevent al Soring Tactics Act of 2019.17 The
Senate received the bil and referred it to the Senate Committee on Commerce, Science, and
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
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
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
consider a measure pending on the Consensus Calendar designated by the Speaker each week it
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
Calendar shal 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
Congress were considered as withdrawn. One was considered as withdrawn due to the committee
report of the associated measure (H.R. 1980). Seven were considered as withdrawn because the
House considered, without a committee report, the associated measures (H.R. 550, H.R. 724,
H.R. 1044, H.R. 1773, H.R. 2382, H.R. 3589, H.R. 4305).
The eight measures subject to 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
Animal Cruelty and Torture Act (P.L. 116-72); H.R. 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
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 would otherwise affect that measure or other measures or motions, including those associated
with the Consensus Calendar.21
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
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
assigning measures to the Consensus Calendar.
Rule Restricting Speaker’s Designation
The first measure assigned to the Consensus Calendar, H.R. 553, was not designated for
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 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 remained listed on the calendar until the end of the 116th Congress and was not subject to the
clause 7(a)(1) requirement that “[a]t least once during any week in which the House convenes, the
House shal consider a measure on 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
another bil , 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-
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
this resolution shal not constitute a legislative 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,
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
recess, as wel as the last few weeks of the session.22 During these periods, the House was
expected to conduct little or no legislative business when meeting in short pro forma sessions.23
Special rules addressing these time periods often waive specified House rules or provide for the
approval of the Journal of the House of Representatives for the previous day’s proceedings.
In the second session, a series of special rules established an extended time period during which
legislative days were not to be counted for purposes of the Consensus Calendar rule.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
Congress).
23 T he term pro forma session identifies a session 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 require the consent of the other
chamber. T hese sessions are brief (often less t han five minutes) and are generally not expected to include votes or
debate. T hey otherwise would, however, count as a legislative day. See CRS Report R42977, Sessions, Adjournm ents,
and Recesses of Congress, by Richard S. Beth and Valerie 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. 967,
H.Res. 1017, 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.
Congressional Research Service

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Table 1. Measures Subject to Consensus Calendar Motions Filed in the 116th Congress (2019-2020)
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
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 Services
05/16/2019
no
calendar subject
(01/15/2019)
Spouses Equity
(07/12/2019)
(via S. 1790)
Act
to H.Res. 476b
U.S. Senator
referred to
Joseph D.
Senate
Tydings
Committee on
H.R. 693
Energy and
yes
Schrader (OR)
Memorial
no
Commerce,
no
(01/22/2019)
Prevent Al
Commerce
05/23/2019
(07/19/2019)
Science, and
Soring Tactics
Transportation
Act of 2019

Preventing
yes
H.R. 724
enacted into
Deutch (FL)
Animal Cruelty
Judiciary
10/16/2019
no
law as P.L. 116-
yes
(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
House)
Veterans’
Affairs
Source: Congress.gov.
Notes:
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 shal not apply with respect to H.R. 553.”
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
days.

The House Consensus Calendar: Establishment, Principal Features, and Practice

Author Information

Jane A. Hudiburg

Analyst on Congress and the Legislative Process

Disclaimer
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