[DOCID: f:sd014.105]
From the Senate Documents Online via GPO Access
[wais.access.gpo.gov]
105th Congress Document
SENATE
1st Session 105-14
_______________________________________________________________________
HOW OUR LAWS ARE MADE
Revised and Updated
by Charles W. Johnson, Parliamentarian,
U.S. House of Representatives
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
Presented by Mr. Warner
November 12, 1997.--Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
44-600 WASHINGTON : 1998
_______________________________________________________________________
For sale by the Superintendent of Documents,
U.S. Government Printing Office
Washington, D.C. 20402
S. Con. Res. 62 Agreed to November 12, 1997
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the seventh day of
January, one thousand nine hundred and ninety-seven
Concurrent Resolution
Resolved by the Senate (the House of Representatives
concurring), That (a) a revised edition of the brochure
entitled ``How Our Laws Are Made'', under the direction of the
Parliamentarian of the House of Representatives in consultation
with the Parliamentarian of the Senate, shall be printed as a
Senate document, with suitable paper cover in the style
selected by the chairman of the Joint Committee on Printing.
(b) There shall be printed--
(1)(A) 250,000 copies of the brochure for the use of
the House of Representatives, distributed in equal
numbers to each Member;
(B) 100,000 copies of the brochure for the use of the
Senate, distributed in equal numbers to each Member;
(C) 2,000 copies of the brochure for the use of the
Joint Committee on Printing; and
(D) 1,400 copies of the brochure for distribution to
the depository libraries; or
(2) if the total printing and production costs of
copies in paragraph (1) exceed $180,000, such number of
copies of the brochure as does not exceed total
printing and production costs of $180,000, with
distribution to be allocated in the same proportion as
in paragraph (1).
Attest:
Gary L. Sisco,
Secretary of the Senate.
Attest:
Robin H. Carle,
Clerk of the House of Representatives.
FOREWORD
----------
First published in 1953 by the Committee on the Judiciary
of the House of Representatives, this 21st edition of ``How Our
Laws Are Made'' reflects changes in congressional procedures
since the 20th edition, which was revised and updated in 1989
by the Law Revision Counsel of the House of Representatives.
This edition was prepared by the Office of the Parliamentarian
of the U.S. House of Representatives in consultation with the
Office of the Parliamentarian of the U.S. Senate.
The framers of our Constitution created a strong federal
government resting on the concept of ``separation of powers.''
In Article I, Section 1, of the Constitution, the
Legislative Branch is created by the following language: ``All
legislative Powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House
of Representatives.'' In furtherance of this empowerment,
Article I, Section 5, of the Constitution authorizes each House
to determine its own rules.
Upon this elegant, yet simple, grant of legislative powers
and rulemaking authority has grown an exceedingly complex and
evolving legislative process much of it unique to each House of
Congress. To aid the public's understanding of the legislative
process, we have revised this popular brochure. For more
detailed information on how our laws are made, the reader
should refer to pertinent House and Senate publications for
sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402.
Charles W. Johnson
EARLIER PRINTINGS
----------
Number
Document of copies
1953, H. Doc. 210, 83d Cong. (H. Res. 251 by Mr. Reed)........ 36,771
1953, H. Doc. 210, 83d Cong. (H. Res. 251 by Mr. Reed)........ 122,732
1955, H. Doc. 210, 83d Cong. (H. Con. Res. 93 by Mr. Willis).. 167,728
1956, H. Doc. 451, 84th Cong. (H. Con. Res. 251 by Mr. Willis) 30,385
1956, S. Doc. 152, 84th Cong. (S. Res. 293 by Senator Kennedy) 182,358
1959, H. Doc. 156, 86th Cong. (H. Con. Res. 95 by Mr.
Lesinski)................................................. 228,591
1961, H. Doc. 136, 87th Cong. (H. Con. Res. 81 by Mr. Willis). 211,797
1963, H. Doc. 103, 88th Cong. (H. Con. Res. 108 by Mr. Willis) 14,000
1965, H. Doc. 103, 88th Cong. (S. Res. 9 by Senator Mansfield) 196,414
1965, H. Doc. 164, 89th Cong. (H. Con. Res. 165 by Mr. Willis) 319,766
1967, H. Doc. 125, 90th Cong. (H. Con. Res. 221 by Mr. Willis) 324,821
1969, H. Doc. 127, 91st Cong. (H. Con. Res. 192 by Mr. Celler) 174,500
1971, H. Doc. 144, 92d Cong. (H. Con. Res. 206 by Mr. Celler). 292,000
1972, H. Doc. 92-323, 92d Cong. (H. Con. Res. 530 by Mr.
Celler)................................................... 292,500
1974, H. Doc. 93-377, 93d Cong. (H. Con. Res. 201 by Mr.
Rodino)................................................... 246,000
1976, H. Doc. 94-509, 94th Cong. (H. Con. Res. 540 by Mr.
Rodino)................................................... 282,400
1978, H. Doc. 95-259, 95th Cong. (H. Con. Res.190 by Mr.
Rodino)................................................... 298,000
1980, H. Doc. 96-352, 96th Cong. (H. Con. Res. 95 by Mr.
Rodino)................................................... 298,000
1981, H. Doc. 97-120, 97th Cong. (H. Con. Res.106 by Mr.
Rodino)................................................... 298,000
1985, H. Doc. 99-158, 99th Cong. (H. Con. Res. 203 by Mr.
Rodino)................................................... 298,000
1989, H. Doc. 101-139, 101st Cong. (H. Con. Res. 193 by Mr.
Brooks)................................................... 298,000
C O N T E N T S
----------
Page
I. INTRODUCTION....................................................1
II. THE CONGRESS....................................................1
III. SOURCES OF LEGISLATION..........................................3
IV. FORMS OF CONGRESSIONAL ACTION...................................4
BILLS.................................................. 5
JOINT RESOLUTIONS...................................... 6
CONCURRENT RESOLUTIONS................................. 6
SIMPLE RESOLUTIONS..................................... 7
V. INTRODUCTION AND REFERENCE TO COMMITTEE.........................7
VI. CONSIDERATION BY COMMITTEE.....................................10
COMMITTEE MEETINGS..................................... 10
PUBLIC HEARINGS........................................ 10
BUSINESS MEETINGS...................................... 12
COMMITTEE ACTION....................................... 12
POINTS OF ORDER WITH RESPECT TO COMMITTEE HEARING
PROCEDURE.......................................... 13
VII. REPORTED BILLS.................................................13
CONTENTS OF REPORTS.................................... 14
FILING OF REPORTS...................................... 15
AVAILABILITY OF REPORTS AND HEARINGS................... 15
VIII. LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES...................16
IX. CALENDARS......................................................16
UNION CALENDAR......................................... 17
HOUSE CALENDAR......................................... 17
PRIVATE CALENDAR....................................... 17
CORRECTIONS CALENDAR................................... 17
CALENDAR OF MOTIONS TO DISCHARGE COMMITTEES............ 18
X. OBTAINING CONSIDERATION OF MEASURES............................18
UNANIMOUS CONSENT...................................... 18
SPECIAL RESOLUTION OR ``RULE''......................... 00
CONSIDERATION OF MEASURES MADE IN ORDER BY RESOLUTION
PREVIOUSLY REPORTED FROM THE COMMITTEE ON RULES.... 19
MOTION TO DISCHARGE COMMITTEE.......................... 20
MOTION TO SUSPEND THE RULES............................ 20
CALENDAR WEDNESDAY..................................... 21
DISTRICT OF COLUMBIA BUSINESS.......................... 21
PRIVILEGED MATTERS..................................... 21
XI. CONSIDERATION AND DEBATE.......................................22
COMMITTEE OF THE WHOLE HOUSE........................... 22
SECOND READING......................................... 23
AMENDMENTS AND THE GERMANENESS RULE.................... 24
THE COMMITTEE ``RISES''................................ 24
HOUSE ACTION........................................... 24
MOTION TO RECOMMIT..................................... 25
QUORUM CALLS AND ROLLCALLS............................. 25
VOTING................................................. 27
ELECTRONIC VOTING...................................... 28
PAIRING OF MEMBERS..................................... 28
SYSTEM OF LIGHTS AND BELLS............................. 29
RECESS AUTHORITY....................................... 29
LIVE COVERAGE OF FLOOR PROCEEDINGS..................... 29
XII. CONGRESSIONAL BUDGET PROCESS...................................30
XIII. ENGROSSMENT AND MESSAGE TO SENATE..............................31
XIV. SENATE ACTION..................................................31
COMMITTEE CONSIDERATION................................ 31
CHAMBER PROCEDURE...................................... 32
XV. FINAL ACTION ON AMENDED BILL...................................35
REQUEST FOR A CONFERENCE............................... 35
AUTHORITY OF CONFEREES................................. 36
MEETINGS AND ACTION OF CONFEREES....................... 37
CONFERENCE REPORTS..................................... 38
CUSTODY OF PAPERS...................................... 41
XVI. BILL ORIGINATING IN SENATE.....................................41
XVII. ENROLLMENT.....................................................41
XVIII.PRESIDENTIAL ACTION............................................42
VETO MESSAGE........................................... 43
LINE ITEM VETO......................................... 44
XIX. PUBLICATION....................................................44
SLIP LAWS.............................................. 44
STATUTES AT LARGE...................................... 45
UNITED STATES CODE..................................... 46
APPENDIX......................................................... 47
HOW OUR LAWS ARE MADE
I. INTRODUCTION
This brochure is intended to provide a basic outline of the
numerous steps of our federal lawmaking process from the source
of an idea for a legislative proposal through its publication
as a statute. The legislative process is a matter about which
every citizen should be well informed in order to understand
and appreciate the work of Congress.
It is hoped that this guide will enable every citizen to
gain a greater understanding of the federal legislative process
and its role as one of the foundations of our representative
system. One of the most practical safeguards of the American
democratic way of life is this legislative process with its
emphasis on the protection of the minority, allowing ample
opportunity to all sides to be heard and make their views
known. The fact that a proposal cannot become a law without
consideration and approval by both Houses of Congress is an
outstanding virtue of our bicameral legislative system. The
open and full discussion provided for under the Constitution
often results in the notable improvement of a bill by amendment
before it becomes law, or it may result in the defeat of an
inadvisable proposal.
As the majority of laws originate in the House of
Representatives, this discussion will focus principally on the
procedure in that body.
II. THE CONGRESS
Article I, Section 1, of the United States Constitution,
provides that:
All legislative Powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.
The Senate is composed of 100 Members--two from each state,
regardless of population or area--elected by the people in
accordance with the 17th Amendment to the Constitution. The
17th Amendment changed the former constitutional method under
which Senators were chosen by the respective state
legislatures. A Senator must be at least 30 years of age, have
been a citizen of the United States for nine years, and, when
elected, be a resident of the state for which the Senator is
chosen. The term of office is six years and one-third of the
total membership of the Senate is elected every second year.
The terms of both Senators from a particular state are arranged
so that they do not terminate at the same time. Of the two
Senators from a state serving at the same time the one who was
elected first--or if both were elected at the same time, the
one elected for a full term--is referred to as the ``senior''
Senator from that state. The other is referred to as the
``junior'' Senator. If a Senator dies or resigns during the
term, the governor of the state must call a special election
unless the state legislature has authorized the governor to
appoint a successor until the next election, at which time a
successor is elected for the balance of the term. Most of the
state legislatures have granted their governors the power of
appointment.
Each Senator has one vote.
As constituted in the 105th Congress, the House of
Representatives is composed of 435 Members elected every two
years from among the 50 states, apportioned to their total
populations. The permanent number of 435 was established by
federal law following the Thirteenth Decennial Census in 1910,
in accordance with Article I, Section 2, of the Constitution.
This number was increased temporarily to 437 for the 87th
Congress to provide for one Representative each for Alaska and
Hawaii. The Constitution limits the number of Representatives
to not more than one for every 30,000 of population. Under a
former apportionment in one state, a particular Representative
represented more than 900,000 constituents, while another in
the same state was elected from a district having a population
of only 175,000. The Supreme Court has since held
unconstitutional a Missouri statute permitting a maximum
population variance of 3.1 percent from mathematical equality.
The Court ruled in Kirkpatrick v. Preisler, 394 U.S. 526
(1969), that the variances among the districts were not
unavoidable and, therefore, were invalid. That decision was an
interpretation of the Court's earlier ruling in Wesberry v.
Sanders, 376 U.S. 1 (1964), that the Constitution requires that
``as nearly as is practicable one man's vote in a congressional
election is to be worth as much as another's''.
A law enacted in 1967 abolished all ``at-large'' elections
except in those less populous states entitled to only one
Representative. An ``at-large'' election is one in which a
Representative is elected by the voters of the entire state
rather than by the voters in a congressional district within
the state.
A Representative must be at least 25 years of age, have
been a citizen of the United States for seven years, and, when
elected, be a resident of the state in which the Representative
is chosen. If a Representative dies or resigns during the term,
the governor of the state must call a special election pursuant
to state law for the choosing of a successor to serve for the
unexpired portion of the term.
Each Representative has one vote.
In addition to the Representatives from each of the States,
a Resident Commissioner from the Commonwealth of Puerto Rico
and Delegates from the District of Columbia, American Samoa,
Guam, and the Virgin Islands are elected pursuant to federal
law. The Resident Commissioner and the Delegates have most of
the prerogatives of Representatives including the right to vote
in committees to which they are elected. However, the Resident
Commissioner and the Delegates do not have the right to vote on
matters before the House.
Under the provisions of Section 2 of the 20th Amendment to
the Constitution, Congress must assemble at least once every
year, at noon on the 3rd day of January, unless by law they
appoint a different day.
A Congress lasts for two years, commencing in January of
the year following the biennial election of Members. A Congress
is divided into two sessions.
Unlike some other parliamentary bodies, both the Senate and
the House of Representatives have equal legislative functions
and powers. However, the Constitution provides that only the
House of Representatives originate revenue bills. By tradition,
the House also originates appropriation bills. The designation
of one as the ``upper'' House and the other as the ``lower''
House is not appropriate.
The Constitution authorizes each House to determine the
rules of its proceedings. Pursuant to that authority, the House
of Representatives adopts its rules on the opening day of each
Congress. The Senate considers itself a continuing body and
operates under continuous standing rules that it amends from
time to time.
The chief function of Congress is the making of laws. In
addition, the Senate has the function of advising and
consenting to treaties and to certain nominations by the
President. In the matter of impeachments, the House of
Representatives presents the charges--a function similar to
that of a grand jury--and the Senate sits as a court to try the
impeachment. No person may be impeached without a two-thirds
vote of the Senate. The Congress also plays a role in
presidential elections. Both Houses meet in joint session on
the sixth day of January, following a presidential election,
unless by law they appoint a different day, to count the
electoral votes. If no candidate receives a majority of the
total electoral votes, the House of Representatives, each state
delegation having one vote, chooses the President from among
the three candidates having the largest number of electoral
votes and the Senate chooses the Vice President from the two
candidates having the largest number of votes for that office.
III. SOURCES OF LEGISLATION
Sources of ideas for legislation are unlimited and proposed
drafts of bills originate in many diverse quarters. Primary
among these is the idea and draft conceived by a Member or
Delegate. This may emanate from the election campaign during
which the Member had promised, if elected, to introduce
legislation on a particular subject. The entire campaign may
have been based upon one or more such proposals. The Member may
have also become aware after taking office of the need for
amendment to or repeal of an existing law or the enactment of a
statute in an entirely new field.
In addition, the Member's constituents, either as
individuals or through citizen groups or associations may avail
themselves of the right to petition and transmit their
proposals to the Member. The right to petition is guaranteed by
the First Amendment to the Constitution. Many excellent laws
have originated in this way, as someorganizations, because of
their vital concern with various areas of legislation, have
considerable knowledge regarding the laws affecting their interests and
have the services of legislative draftspersons at their disposal for
this purpose. Similarly, state legislatures may ``memorialize''
Congress to enact specified federal laws by passing resolutions to be
transmitted to the House and Senate as memorials. If favorably
impressed by the idea, the Member may introduce the proposal in the
form in which it has been submitted or may redraft it. In any event,
the Member may consult with the Legislative Counsel of the House or the
Senate to frame the ideas in suitable legislative language and form.
In modern times, the ``executive communication'' has become
a prolific source of legislative proposals. This is usually in
the form of a message or letter from a member of the
President's Cabinet or the head of an independent agency--or
even from the President--transmitting a draft of a proposed
bill to the Speaker of the House of Representatives and the
President of the Senate. Despite the structure of separation of
powers, Article II, Section 3, of the Constitution imposes an
obligation on the President to report to Congress from time to
time on the ``State of the Union'' and to recommend for
consideration such measures as the President considers
necessary and expedient. Many of these executive communications
follow on the President's message to Congress on the state of
the Union. The communication is then referred to the standing
committee or committees having jurisdiction of the subject
matter of the proposal. The chairman or the ranking minority
member of the relevant committee usually introduces the bill
promptly either in the form in which it was received or with
desired changes. This practice is usually followed even when
the majority of the House and the President are not of the same
political party, although there is no constitutional or
statutory requirement that a bill be introduced to effectuate
the recommendations. The committee or one of its subcommittees
may also decide to examine the communication to determine
whether a bill should be introduced. The most important of the
regular executive communications is the annual message from the
President transmitting the proposed budget to Congress. The
President's budget proposal, together with testimony by
officials of the various branches of the government before the
Appropriations Committees of the House and Senate, is the basis
of the several appropriation bills that are drafted by the
Committee on Appropriations of the House.
Several of the executive departments and independent
agencies employ trained legislative counsels whose functions
include the drafting of bills to be forwarded to Congress with
a request for their enactment.
The drafting of statutes is an art that requires great
skill, knowledge, and experience. In some instances, a draft is
the result of a study covering a period of a year or more by a
commission or committee designated by the President or a member
of the Cabinet. The Administrative Procedure Act and the
Uniform Code of Military Justice are only two of many examples
of enactments resulting from such studies. In addition,
congressional committees sometimes draft bills after studies
and hearings covering periods of a year or more.
IV. FORMS OF CONGRESSIONAL ACTION
The work of Congress is initiated by the introduction of a
proposal in one of four forms: the bill, the joint resolution,
the concurrent resolution, and the simple resolution. The most
customary form used in both Houses is the bill. During the
104th Congress (1995-1996), 6,545 bills and 263 joint
resolutions were introduced in both Houses. Of the total number
introduced, 4,344 bills and 198 joint resolutions originated in
the House of Representatives.
For the purpose of simplicity, this discussion will be
confined generally to the procedure on a House of
Representatives bill, with brief comment on each of the forms.
bills
A bill is the form used for most legislation, whether
permanent or temporary, general or special, public or private.
The form of a House bill is as follows:
a bill
For the establishment, etc. [as the title may be].
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That, etc.
The enacting clause was prescribed by law in 1871 and is
identical in all bills, whether they originate in the House of
Representatives or in the Senate.
Bills may originate in either the House of Representatives
or the Senate with one notable exception provided in the
Constitution. Article I, Section 7, of the Constitution
provides that all bills for raising revenue shall originate in
the House of Representatives but that the Senate may propose or
concur with amendments. By tradition, general appropriation
bills also originate in the House of Representatives.
There are two types of bills--public and private. A public
bill is one that affects the public generally. A bill that
affects a specified individual or a private entity rather than
the population at large is called a private bill. A private
bill is used for relief in matters such as immigration and
naturalization and claims against the United States.
A bill originating in the House of Representatives is
designated by the letters ``H.R.'' followed by a number that it
retains throughout all its parliamentary stages. The letters
signify ``House of Representatives'' and not, as is sometimes
incorrectly assumed, ``House resolution''. A Senate bill is
designated by the letter ``S.'' followed by its number. The
term ``companion bill'' is used to describe a bill introduced
in one House of Congress that is similar or identical to a bill
introduced in the other House of Congress.
A bill that has been agreed to in identical form by both
bodies becomes the law of the land only after--
(1) Presidential approval; or
(2) failure by the President to return it with objections to
the House in which it originated within 10 days while Congress
is in session; or
(3) the overriding of a presidential veto by a two-thirds
vote in each House.
It does not become law without the President's signature if
Congress by their final adjournment prevent its return with
objections. This is known as a ``pocket veto''. For a
discussion of presidential action on legislation, see Part
XVIII.
joint resolutions
Joint resolutions may originate either in the House of
Representatives or in the Senate and not, as is sometimes
incorrectly assumed, jointly in both Houses. There is little
practical difference between a bill and a joint resolution and
the two forms are often used interchangeably. One difference in
form is that a joint resolution may include a preamble
preceding the resolving clause. Statutes that have been
initiated as bills have later been amended by a joint
resolution and vice versa. Both are subject to the same
procedure except for a joint resolution proposing an amendment
to the Constitution. When a joint resolution amending the
Constitution is approved by two-thirds of both Houses, it is
not presented to the President for approval. Following
congressional approval, a joint resolution to amend the
Constitution is sent directly to the Archivist of the United
States for submission to the several states where ratification
by the legislatures of three-fourths of the states within the
period of time prescribed in the joint resolution is necessary
for the amendment to become part of the Constitution.
The form of a House joint resolution is as follows:
joint resolution
Authorizing, etc. [as the title may be].
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That all, etc.
The resolving clause is identical in both House and Senate
joint resolutions as prescribed by statute in 1871. It is
frequently preceded by a preamble consisting of one or more
``whereas'' clauses indicating the necessity for or the
desirability of the joint resolution.
A joint resolution originating in the House of
Representatives is designated ``H.J. Res.'' followed by its
individual number which it retains throughout all its
parliamentary stages. One originating in the Senate is
designated ``S.J. Res.'' followed by its number.
Joint resolutions, with the exception of proposed
amendments to the Constitution, become law in the same manner
as bills.
concurrent resolutions
Matters affecting the operations of both Houses are usually
initiated by means of concurrent resolutions. In modern
practice, and as determined by the Supreme Court in I.N.S. v.
Chadha, 462 U.S. 919 (1983), concurrent and simple resolutions
normally are not legislative in character since not
``presented'' to the President for approval, but are used
merely for expressing facts, principles, opinions, and purposes
of the two Houses. A concurrent resolution is not equivalent to
a bill and its use is narrowly limited within these bounds.
The term ``concurrent'', like ``joint'', does not signify
simultaneous introduction and consideration in both Houses.
A concurrent resolution originating in the House of
Representatives is designated ``H. Con. Res.'' followed by its
individual number, while a Senate concurrent resolution is
designated ``S. Con. Res.'' together with its number. On
approval by both Houses, they are signed by the Clerk of the
House and the Secretary of the Senate and transmitted to the
Archivist of the United States for publication in a special
part of the Statutes at Large volume covering that session of
Congress.
simple resolutions
A matter concerning the rules, the operation, or the
opinion of either House alone is initiated by a simple
resolution. A resolution affecting the House of Representatives
is designated ``H. Res.'' followed by its number, while a
Senate resolution is designated ``S. Res.'' together with its
number. Simple resolutions are considered only by the body in
which they were introduced. Upon adoption, simple resolutions
are attested to by the Clerk of the House of Representatives or
the Secretary of the Senate and are published in the
Congressional Record.
V. INTRODUCTION AND REFERENCE TO COMMITTEE
Any Member, the Resident Commissioner from Puerto Rico, or
the Delegates in the House of Representatives may introduce a
bill at any time while the House is in session by simply
placing it in the ``hopper'', a wooden box provided for that
purpose located on the side of the rostrum in the House
Chamber. Permission is not required to introduce the measure.
Printed blank forms for an original bill are available through
the Clerk's office. The Member introducing the bill is known as
the sponsor. An unlimited number of Members may co-sponsor a
bill. To prevent the possibility that a bill might be
introduced in the House on behalf of a Member without that
Member's prior approval, the sponsor's signature must appear on
the bill before it is accepted for introduction. Members who
co-sponsor a bill upon its date of introduction are original
co-sponsors. Members who co-sponsor a bill after its
introduction are additional co-sponsors. Co-sponsors are not
required to sign the bill. A Member may not be added or deleted
as a co-sponsor after the bill has been reported by the last
committee authorized to consider it, but in no event shall the
Speaker entertain a request to delete the name of the sponsor.
In the Senate, unlimited multiple sponsorship of a bill is
permitted. Occasionally, a Member may insert the words ``by
request'' after the Member's name to indicate that the
introduction of the measure is at the suggestion of some other
person or group.
In the Senate, a Senator usually introduces a bill or
resolution by presenting it to one of the clerks at the
Presiding Officer's desk, without commenting on it from the
floor of the Senate. However, a Senator may use a more formal
procedure by rising and introducing the bill or resolution from
the floor. A Senator usually makes a statement about the
measure when introducing it on the floor. Frequently, Senators
obtain consent to have the bill or resolution printed in the
body of the Congressional Record following their formal
statement.
If any Senator objects to the introduction of a bill or
resolution, the introduction of the bill or resolution is
postponed until the next day. If there is no objection, the
bill is read by title and referred to the appropriate
committee.
In the House of Representatives, it is no longer the custom
to read bills, even by title, at the time of introduction. The
title is entered in the Journal and printed in the
Congressional Record, thus preserving the purpose of the
custom. The bill is assigned its legislative number by the
Clerk. The bill is then referred as required by the rules of
the House to the appropriate committees by the Speaker, the
Member elected to be the Presiding Officer of the House, with
the assistance of the Parliamentarian. The bill number and its
referral appear in the next issue of the Congressional Record.
It is then sent to the Government Printing Office where it is
printed in its introduced form and printed copies are made
available in the document rooms of both Houses. Printed and
electronic versions of the bill are also made available to the
public.
Copies of the bill are sent to the office of the chairman
of the committee to which it has been referred. The clerk of
the committee enters it on the committee's Legislative
Calendar.
Perhaps the most important phase of the legislative process
is the action by committees. The committees provide the most
intensive consideration to a proposed measure as well as the
forum where the public is given their opportunity to be heard.
A tremendous volume of work is done by the Members in this
phase and is sometimes overlooked by the public. There are, at
present, 19 standing committees in the House and 16 in the
Senate as well as several select committees. In addition, there
are four standing joint committees of the two Houses, that have
oversight responsibilities but no legislative jurisdiction. The
House may also create select committees or task forces to study
specific issues and report on them to the House. A task force
may be established formally through a resolution passed by the
House or informally through an organization of interested
Members and committees by House leadership.
Each committee's jurisdiction is divided into certain
subject matters under the rules of each House and all measures
affecting a particular area of the law are referred to the
committee with jurisdiction over the particular subject matter.
For example, the Committee on the Judiciary in the House has
jurisdiction over measures relating to judicial proceedings
generally, and 17 other categories, including constitutional
amendments, immigration and naturalization, bankruptcy,
patents, copyrights, and trademarks. In total, the rules of the
House and of the Senate each provide for over 200 different
classifications of measures to be referred to committees. Until
1975, the Speaker of the House could refer a bill to only one
committee. In modern practice, the Speaker may refer an
introduced bill to multiple committees for consideration of
those provisions of the bill within the jurisdiction of each
committee concerned. The Speaker must designate a primary
committee of jurisdiction on bills referred to multiple
committees. The Speaker may place time limits on the
consideration of bills by all committees, but usually time
limits are placed only on additional committees. Additional
committees are committees other than the primary committee to
which a bill has been referred, either initially on its
introduction or sequentially following the report of the
primary committee. A time limit would be placed on an
additional committee only when the primary committee has
reported its version to the House.
Membership on the various committees is divided between the
two major political parties. The proportion of the Members of
the minority party to the Members of the majority party is
determined by the majority party, except that half of the
members on the Committee on Standards of Official Conduct are
from the majority party and half from the minority party. The
respective party caucuses nominate Members of the caucus to be
elected to each standing committee at the beginning of each
Congress. Membership on a standing committee during the course
of a Congress is contingent on continuing membership in the
party caucus that nominated the Member for election to the
committee. If the Member ceases to be a Member of the party
caucus, the Member automatically ceases to be a member of the
standing committee.
Members of the House may serve on only two committees and
four subcommittees with certain exceptions. However, the rules
of the caucus of the majority party in the House provide that a
Member may be chairman of only one subcommittee of a committee
or select committee with legislative jurisdiction, except for
certain committees performing housekeeping functions and joint
committees.
A Member usually seeks election to the committee that has
jurisdiction over a field in which the Member is most qualified
and interested. For example, the Committee on the Judiciary
traditionally is composed almost entirely of lawyers. Many
Members arenationally recognized experts in the specialty of
their particular committee or subcommittee.
Members rank in seniority in accordance with the order of
their appointment to the full committee and the ranking
majority member with the most continuous service is usually
elected chairman. The rules of the House require that committee
chairmen be elected from nominations submitted by the majority
party caucus at the commencement of each Congress. No Member of
the House may serve as chairman of the same standing committee
or of the same subcommittee thereof for more than three
consecutive Congresses.
The rules of the House prohibit committees from having more
than five subcommittees with the exception of the Committee on
Appropriations, the Committee on Government Reform and
Oversight, and the Committee on Transportation and
Infrastructure.
Each committee is provided with a professional staff to
assist it in the innumerable administrative details and
problems involved in the consideration of bills and conduct of
oversight. For standing committees, the professional staff is
limited to 30 persons appointed by a vote of the committee.
Two-thirds of the committee staff are selected by a majority
vote of the majority committee members and one-third of the
committee staff are selected by a majority vote of minority
committee members. All staff appointments are made without
regard to race, creed, sex, or age. The minority staff
provisions do not apply to the Committee on Standards of
Official Conduct because of its bipartisan nature. The
Committee on Appropriations has special authority under the
rules of the House for appointment of staff for the minority.
Under certain conditions, a standing committee may appoint
consultants on a temporary or intermittent basis. The committee
may also provide financial assistance to members of its
professional staff for the purpose of acquiring specialized
training, whenever the committee determines that such training
will aid the committee in the discharge of its
responsibilities.
VI. CONSIDERATION BY COMMITTEE
One of the first actions taken by a committee is the
transmittal of copies of the bill to the relevant departments
and agencies. Frequently, the bill is also submitted to the
General Accounting Office with a request for an official report
of views on the necessity or desirability of enacting the bill
into law. Normally, ample time is given for the submission of
the reports and they are accorded serious consideration. These
reports are not binding on the committee in determining whether
or not to act favorably on the bill. Reports of the departments
and agencies in the executive branch are submitted first to the
Office of Management and Budget to determine whether they are
consistent with the program of the President. Many committees
adopt rules requiring referral of measures to the appropriate
subcommittee unless the full committee votes to retain the
measure at the full committee.
committee meetings
Standing committees are required to have regular meeting
days at least once a month. The chairman of the committee may
also call and convene additional meetings. Three or more
members of a standing committee may file with the committee a
written request that the chairman call a special meeting. The
request must specify the measure or matter to be considered. If
the chairman fails to call the requested special meeting within
three calendar days after the filing of the request, to be held
within seven calendar days after the filing of the request, a
majority of the members of the committee may call the special
meeting by filing with the committee written notice specifying
the time and date of the meeting and the measure or matter to
be considered. In the Senate, the Chair may still control the
agenda of the special meeting through the power of recognition.
The rules of the House provide that House committees may
not meet during a joint session of the House and Senate or
during a recess when a joint meeting of the House and Senate is
in progress. Committees may meet at other times during an
adjournment or recess up to the expiration of the
constitutional term.
public hearings
If the bill is of sufficient importance, the committee may
set a date for public hearings. Each committee, except for the
Committee on Rules, is required to make public announcement of
the date, place, and subject matter of any hearing to be
conducted by the committee on any measure or matter at least
one week before the commencement of that hearing, unless the
committee chairman with the concurrence of the ranking minority
member or the committee by majority vote determines that there
is good cause to begin the hearing at an earlier date. If the
committee makes that determination, it must make a public
announcement to that effect at the earliest possible date.
Public announcements are published in the Daily Digest portion
of the Congressional Record as soon as possible after the
announcement is made by the committee and are often noted in
newspapers and periodicals. Personal notice of the hearing,
usually in the form of a letter, is sometimes sent to relevant
individuals, organizations, and government departments and
agencies.
Each hearing by a committee and subcommittee, except the
Committee on Standards of Official Conduct, is required to be
open to the public except when the committee or subcommittee,
in open session and with a majority present, determines by
rollcall vote that all or part of the remainder of the hearing
on that day shall be closed to the public because disclosure of
testimony, evidence, or other matters to be considered would
endanger the national security, would compromise sensitive law
enforcement information, or would violate a law or a rule of
the House. The committee or subcommittee by the same procedure
may vote to close one subsequent day of hearing, except that
the Committees on Appropriations, National Security, and the
Permanent Select Committee on Intelligence, and subcommittees
thereof, may vote to close up to five additional consecutive
days of hearings. When a quorum for taking testimony is
present, a majority of the members present may close a hearing
to discuss whether the evidence or testimony to be received
would endanger national security or would tend to defame,
degrade, or incriminate any person. Open committee hearings may
be covered by the media. Permission to cover hearings and
meetings is granted under detailed conditions as provided in
the rules of the House.
Hearings on the budget are required to be held by the
Committee on Appropriations in open session within 30 days
after its transmittal to Congress, except when the committee,
in open session and with a quorum present, determines by
rollcall vote that the testimony to be taken at that hearing on
that day may be related to a matter of national security. The
committee may by the same procedure close one subsequent day of
hearing.
On the day set for the public hearing in a committee or
subcommittee, an official reporter is present to record the
testimony on the bill or relevant subject matter. After a brief
introductory statement by the chairman and often by the ranking
minority member or other committee member, the first witness is
called. Members or Senators who wish to be heard are sometimes
given preference out of courtesy and because of the limitations
on their time. Cabinet officers and high-ranking civil and
military officials of the government, as well as interested
private individuals, testify either voluntarily or by subpoena
voted on by the committee or subcommittee.
So far as practicable, committees require that witnesses
who appear before it file a written statement of their proposed
testimony in advance of their appearance and limit their oral
presentations to a brief summary of their arguments. In the
case of a witness appearing in a nongovernmental capacity, a
written statement of proposed testimony shall include a
curriculum vitae and a disclosure of the amount and source of
any federal grant or contract received during the current
fiscal year or either of the two previous fiscal years by the
witness or by an entity represented by the witness.
Minority party members of the committee are entitled to
call witnesses of their own to testify on a measure during at
least one day of the hearing.
All committee rules in the House must provide that each
member shall have only five minutes in the interrogation of
each witness until each member of the committee who desires to
question a witness has had an opportunity to do so. In
addition, a committee may adopt a rule or motion permitting an
equal number of its majority and minority party members each to
question a witness for a specified period not longer than 30
minutes. Committee staff may also be permitted to question a
witness for equal specified periods.
A transcript of the testimony taken at a public hearing is
made available for inspection in the office of the clerk of the
committee. Frequently, the complete transcript is printed and
distributed widely by the committee.
business meetings
After hearings are completed, the subcommittee usually will
consider the bill in a session that is popularly known as the
``markup'' session. The views of both sides are studied in
detail and at the conclusion of deliberation a vote is taken to
determine the action of the subcommittee. It may decide to
report the bill favorably to the full committee, with or
without amendment, or unfavorably, or without recommendation.
The subcommittee may also suggest that the committee ``table''
it or postpone action indefinitely. Each member of the
subcommittee, regardless of party affiliation, has one vote.
Proxy voting is no longer permitted in House committees.
All meetings for the transaction of business of standing
committees or subcommittees, except the Committee on Standards
of Official Conduct, must be open to the public, except when
the committee or subcommittee, in open session with a majority
present, determines by rollcall vote that all or part of the
remainder of the meeting on that day shall be closed to the
public. This requirement does not apply to any meeting that
relates solely to internal budget or personnel matters. Members
of the committee may authorize congressional staff and
departmental representatives to be present at any business or
markup session that has been closed to the public. Open
committee meetings may be covered by the media. Permission to
cover hearings and meetings is granted under detailed
conditions as provided in the rules of the House.
committee action
At full committee meetings, reports on bills may be made by
subcommittees. Bills are read for amendment in committees and
subcommittees by section and members may offer germane
amendments. Committee amendments are only proposals to change
the bill as introduced and are subject to acceptance or
rejection by the House itself. A vote of committee members is
taken to determine whether the full committee will report
favorably or table the bill. If the committee votes to report
the bill favorably to the House, it may report the bill with or
without amendments or report a ``clean bill''. If the committee
has approved extensive amendments, the committee may decide to
report the original bill with one ``amendment in the nature of
a substitute'' consisting of all the amendments previously
adopted, or may report a new bill incorporating those
amendments, commonly known as a clean bill. The new bill is
introduced (usually by the chairman of the committee), and,
after referral back to the committee, is reported favorably to
the House by the committee. A committee may table a bill or not
take action on it and prevent further action on a bill, making
adverse reports to the House by the full committee unusual. On
rare occasions, a committee may report a bill without
recommendation or unfavorably.
Generally, a majority of the committee or subcommittee
constitutes a quorum. A quorum is the number of members who
must be present in order for the committee to report. This
ensures participation by both sides in the action taken.
However, a committee may vary the number of members necessary
for a quorum for certain actions. For example, a committee may
fix the number of its members, but not less than two, necessary
for a quorum for taking testimony and receiving evidence.
Except for the Committees on Appropriations, on the Budget, and
on Ways and Means, a committee may fix the number of its
members, but not less than one-third, necessary for a quorum
for taking certain other actions. The absence of a quorum is
subject to a point of order, an objection that the proceedings
are in violation of a rule of the committee or of the House,
because the required number of members are not present.
points of order with respect to committee hearing procedure
A point of order in the House does not lie with respect to
a measure reported by a committee on the ground that hearings
on the measure were not conducted in accordance with required
committee procedure. However, certain points of order may be
made by a member of the committee that reported the measure if,
in the committee hearing on that measure, that point of order
was (1) timely made and (2) improperly overruled or not
properly considered.
VII. REPORTED BILLS
If the committee votes to report the bill favorably to the
House, one of the committee staff in the name of a committee
member writes the committee report. The report describes the
purpose and scope of the bill and the reasons for its
recommended approval. Generally, a section-by-section analysis
is set forth explaining precisely what each section is intended
to accomplish. All changes in existing law must be indicated in
the report and the text of laws being repealed must be set out.
This requirement is known as the ``Ramseyer'' rule. A similar
rule in the Senate is known as the ``Cordon'' rule. Committee
amendments also must be set out at the beginning of the report
and explanations of them are included. Executive communications
regarding the bill may be referenced in the report.
If at the time of approval of a bill by a committee, except
the Committee on Rules, a member of the committee gives notice
of an intention to file supplemental, minority, or additional
views, that member is entitled to not less than two additional
calendar days after the day of such notice (excluding
Saturdays, Sundays, and legal holidays unless the House is in
session on those days) in which to file those views with the
clerk of the committee. Those views that are timely filed must
be included in the report on the bill. Committee reports, with
certain exceptions, must be filed while the House is in session
unless unanimous consent is obtained from the House to file at
a later time or unless the committee is awaiting additional
views.
The report is assigned a report number upon its filing and
is sent to the Government Printing Office for printing. House
reports are given a prefix-designator that indicates the number
of the Congress. For example, the first House report in the
105th Congress was numbered 105-1.
In the printed report, committee amendments are indicated
by showing new matter in italics and deleted matter in line-
through type. The report number is printed on the bill and the
calendar number is shown on both the first and back pages of
the bill. However, in the case of a bill that was referred to
two or more committees for consideration in sequence, the
calendar number is printed only on the bill as reported by the
last committee to consider it. For a discussion of House
calendars, see Part IX.
Committee reports are perhaps the most valuable single
element of the legislative history of a law. They are used by
courts, executive departments, and the public generally as a
source of information regarding the purpose and meaning of the
law.
contents of reports
The report of a committee on a measure that has been
approved by the committee must include (1) the committee's
oversight findings and recommendations, (2) a statement
required by the Congressional Budget Act of 1974, if the
measure provides new budget authority (other than continuing
appropriations), new entitlement authority, new credit
authority, or an increase or decrease in revenues or tax
expenditures, (3) a cost estimate and comparison prepared by
the Director of the Congressional Budget Office whenever the
Director has submitted that estimate and comparison to the
committee prior to the filing of the report, and (4) a summary
of the oversight findings and recommendations made by the
Committee on Government Reform and Oversight whenever they have
been submitted to the legislative committee in a timely fashion
to allow an opportunity to consider the findings and
recommendations during the committee's deliberations on the
measure. Each report accompanying a bill or joint resolution
relating to employment or access to public services or
accommodations must describe the manner in which the provisions
apply to the legislative branch. Each of these items are set
out separately and clearly identified in the report.
With respect to each rollcall vote by a committee, the
total number of votes cast for, and the total number of votes
cast against any public measure or matter or amendment thereto
and the names of those voting for and against, must be included
in the committee report.
In addition, each report of a committee on a bill or joint
resolution of a public character reported by the committee must
contain a statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed by the
bill or joint resolution. Committee reports that accompany
bills or resolutions that contain federal unfunded mandates are
also required to include an estimate prepared by the
Congressional Budget Office on the cost of the mandates on
state, local, and tribal governments. If an estimate is not
available at the time a report is filed, committees are
required to publish the estimate in the Congressional Record.
Each report also mustcontain an estimate, made by the
committee, of the costs which would be incurred in carrying out that
bill or joint resolution in the fiscal year reported and in each of the
five fiscal years thereafter or for the duration of the program
authorized if less than five years. In the case of a measure involving
revenues, the report need contain only an estimate of the gain or loss
in revenues for a one-year period. The report must include a comparison
of the estimates of those costs with the estimate made by any
Government agency and submitted to that committee. The Committees on
Appropriations, on House Oversight, on Rules, and on Standards of
Official Conduct are not required to include cost estimates in their
reports. In addition, the committee's own cost estimates are not
required to be included in reports when a cost estimate and comparison
prepared by the Director of the Congressional Budget Office has been
submitted prior to the filing of the report and included in the report.
filing of reports
Measures approved by a committee must be reported promptly
after approval. A majority of the members of the committee may
file a written request with the clerk of the committee for the
reporting of the measure. When the request is filed, the clerk
must immediately notify the chairman of the committee of the
filing of the request, and the report on the measure must be
filed within seven days (excluding days on which the House is
not in session) after the day on which the request is filed.
This does not apply to a report of the Committee on Rules with
respect to the rules, joint rules, or order of business of the
House or to the reporting of a resolution of inquiry addressed
to the head of an executive department.
availability of reports and hearings
With certain exceptions (relating to emergency situations,
such as a measure declaring war or other national emergency and
government agency decisions, determinations, and actions that
are effective unless disapproved or otherwise invalidated by
one or both Houses of Congress), a measure or matter reported
by a committee (except the Committee on Rules in the case of a
resolution making in order the consideration of a bill,
resolution, or other order of business) may not be considered
in the House until the third calendar day (excluding Saturdays,
Sundays, and legal holidays unless the House is in session on
those days) on which the report of that committee on that
measure has been available to the Members of the House.
However, it is always in order to consider a report from the
Committee on Rules specifically providing for the consideration
of a reported measure or matter notwithstanding this
restriction. If hearings were held on a measure or matter so
reported, the committee is required to make every reasonable
effort to have those hearings printed and available for
distribution to the Members of the House prior to the
consideration of the measure in the House. Committees are also
required, to the maximum extent feasible, to make their
publications available in electronic form. General
appropriation bills may not be considered until printed
committee hearings and a committee report thereon have been
available to the Members of the House for at least three
calendar days (excluding Saturdays, Sundays, and legal holidays
unless the House is in session on those days).
VIII. LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES
Each standing committee, other than the Committees on
Appropriations and on the Budget, is required to review and
study, on a continuing basis, the application, administration,
execution, and effectiveness of the laws dealing with the
subject matter over which the committee has jurisdiction and
the organization and operation of federal agencies and entities
having responsibility for the administration and evaluation of
those laws.
The purpose of the review and study is to determine whether
laws and the programs created by Congress are being implemented
and carried out in accordance with the intent of Congress and
whether those programs should be continued, curtailed, or
eliminated. In addition, each committee having oversight
responsibility is required to review and study any conditions
or circumstances that may indicate the necessity or
desirability of enacting new or additional legislation within
the jurisdiction of that committee, and must undertake, on a
continuing basis, future research and forecasting on matters
within the jurisdiction of that committee. Each standing
committee also has the function of reviewing and studying, on a
continuing basis, the impact or probable impact of tax policies
on subjects within its jurisdiction.
The rules of the House provide for special treatment of an
investigative or oversight report of a committee. Committees
are allowed to file joint investigative reports and to file
investigative and activities reports after the House has
completed its final session of a Congress. In addition, several
of the standing committees have special oversight
responsibilities. The details of those responsibilities are set
forth in the rules of the House.
IX. CALENDARS
The House of Representatives has five calendars of
business: the Union Calendar, the House Calendar, the Private
Calendar, the Corrections Calendar, and the Calendar of Motions
to Discharge Committees. The calendars are compiled in one
publication printed each day the House is in session. This
publication also contains a history of Senate-passed bills,
House bills reported out of committee, bills on which the House
has acted, as well as other useful information.
When a public bill is favorably reported by all committees
to which referred, it is assigned a calendar number on either
the Union Calendar or the House Calendar, the two principal
calendars of business. The calendar number is printed on the
first page of the bill and, in certain instances, is printed
also on the back page. In the case of a bill that was referred
to multiple committees for consideration in sequence, the
calendar number is printed only on the bill as reported by the
last committee to consider it.
union calendar
The rules of the House provide that there shall be:
First. A Calendar of the Committee of the Whole House on the state
of the Union, to which shall be referred bills raising revenue, general
appropriation bills, and bills of a public character directly or
indirectly appropriating money or property.
The large majority of public bills and resolutions reported
to the House are placed on the Union Calendar. For a discussion
of the Committee of the Whole House, see Part XI.
house calendar
The rules further provide that there shall be:
Second. A House Calendar, to which shall be referred all bills of a
public character not raising revenue nor directly or indirectly
appropriating money or property.
The public bills and resolutions that are not placed on the
Union Calendar are referred to the House Calendar.
private calendar
The rules also provide that there shall be:
Third. A Calendar of the Committee of the Whole House, to which
shall be referred all bills of a private character.
All private bills reported to the House are placed on the
Private Calendar. The Private Calendar is called on the first
and third Tuesdays of each month. If objection is made by two
or more Members to the consideration of any measure called, it
is recommitted to the committee that reported it. There are six
official objectors, three on the majority side and three on the
minority side, who make a careful study of each bill or
resolution on the Private Calendar. The official objectors'
role is to object to a measure that does not conform to the
requirements for that calendar and prevent the passage without
debate of nonmeritorious bills and resolutions. Private bills
that have been reported from committee are only considered
under the calendar procedure. Alternative procedures reserved
for public bills are not applicable for reported private bills.
corrections calendar
If a measure pending on either the House or Union Calendar
is of a noncontroversial nature, it may be placed on the
Corrections Calendar. The Corrections Calendar was created to
address specific problems with federal rules, regulations, or
courtdecisions that bipartisan and narrowly targeted bills
could expeditiously correct. After a bill has been favorably reported
and is on either the House or Union Calendar, the Speaker may, after
consultation with the Minority Leader, file with the Clerk a notice
requesting that such bill also be placed upon a special calendar known
as the Corrections Calendar. On the second and fourth Tuesdays of each
month, the Speaker directs the Clerk to call any bill that has been on
the Corrections Calendar for three legislative days. A three-fifths
vote of the Members voting is required to pass any bill called from the
Corrections Calendar. A failure to adopt a bill from the Corrections
Calendar does not necessarily mean the final defeat of the bill because
it may then be brought up for consideration in the same way as any
other bill on the House or Union Calendar.
calendar of motions to discharge committees
When a majority of the Members of the House sign a motion
to discharge a committee from consideration of a public bill or
resolution, that motion is referred to the Calendar of Motions
to Discharge Committees. For a discussion of motions to
discharge, see Part X.
X. OBTAINING CONSIDERATION OF MEASURES
Certain measures pending on the House and Union Calendars
are more important and urgent than others and a system
permitting their consideration ahead of those that do not
require immediate action is necessary. If the calendar numbers
alone were the determining factor, the bill reported most
recently would be the last to be taken up as all measures are
placed on the House and Union Calendars in the order reported.
unanimous consent
The House occasionally employs the practice of allowing
measures to be considered by the unanimous agreement of all
Members in the House Chamber. The power to recognize Members
for a unanimous consent request is ultimately in the discretion
of the Chair but recent Speakers have issued strict guidelines
on when such a request is to be entertained. Most unanimous
consent requests for consideration of measures may only be
entertained by the Chair when assured that the majority and
minority floor and committee leaderships have no objection.
special resolution or ``rule''
To avoid delays and to allow selectivity in the
consideration of public measures, it is possible to have them
taken up out of their order on their respective calendar by
obtaining from the Committee on Rules a special resolution or
``rule'' for their consideration. The Committee on Rules, which
is composed of majority and minority members but with a larger
proportion of majority members than other committees, is
specifically granted jurisdiction over resolutions relating to
the order of business of the House. Usually the chairman of the
committee that has favorably reported the bill requests the
Committee on Rules to originate a resolution that will provide
for its immediate or subsequent consideration. Under unusual
circumstances, the Committee on Rules may originate a
resolution providing for a measure that has not been reported
by the legislative committee(s) of jurisdiction. If the
Committee on Rules is satisfied that the measure should be
taken up, it may report a resolution reading substantially as
follows with respect to a bill on the Union Calendar or an
unreported bill:
Resolved, That upon the adoption of this resolution the
Speaker declares pursuant to rule XXIII that the House resolve
itself into the Committee of the Whole House on the State of
the Union for the consideration of the bill (H.R. ________)
entitled, etc., and the first reading of the bill shall be
dispensed with. After general debate, which shall be confined
to the bill and shall continue not to exceed ________ hours, to
be equally divided and controlled by the chairman and ranking
minority member of the Committee on ________, the bill shall be
read for amendment under the five-minute rule. At the
conclusion of the consideration of the bill for amendment, the
Committee shall rise and report the bill to the House with such
amendments as may have been adopted, and the previous question
shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion except one
motion to recommit with or without instructions.
If the measure is on the House Calendar or the
recommendation is to avoid consideration in the Committee of
the Whole, the resolution reads substantially as follows:
Resolved, That upon the adoption of this resolution it shall
be in order to consider the bill (H.R. ________) entitled,
etc., in the House.
The resolution may waive points of order against the bill.
A point of order is an objection that a pending matter or
proceeding is in violation of a rule of the House. The bill may
be susceptible to various points of order that may be made
against its consideration, including an assertion that the bill
carries a retroactive federal income tax increase, contains a
federal unfunded mandate, or has not been reported from
committee properly. When the resolution limits or prevents
floor amendments, it is popularly known as a ``closed rule'' or
``modified closed rule.'' However, a special resolution may not
deny the minority party the right to offer a motion to recommit
the bill with amendatory or general instructions. For a
discussion of the motion to recommit, see Part XI.
consideration of measures made in order by resolution previously
reported from the committee on rules
When a special resolution has been reported to the House
and is not considered immediately, it is referred to the
calendar and, if not called up for consideration by the Member
making the report within seven legislative days thereafter, any
member of the Committee on Rules may call it up as a privileged
matter, after having given one calendar day notice of the
Member's intention to do so. The Speaker will recognize any
member of the committee seeking recognition for that purpose.
If, within seven calendar days after a measure has, by
resolution adopted by the House, been made in order for
consideration, a motion has not been offered for its
consideration, the Speaker may recognize a member of the
committee that reported the measure to offer a motion that the
House consider it, if the Member has been duly authorized by
that committee to offer the motion.
There are several other methods of obtaining consideration
of bills that either have not been reported by a committee or,
if reported, for which a special resolution has not been
granted. Two of those methods, a motion to discharge a
committee and a motion to suspend the rules, are discussed
below.
motion to discharge committee
A Member may present to the Clerk a motion in writing to
discharge a committee from the consideration of a public bill
or resolution that has been referred to it 30 days prior
thereto. A Member also may file a motion to discharge the
Committee on Rules from further consideration of a resolution
providing a special rule for the consideration of a public bill
or resolution reported by a standing committee, or a special
rule for the consideration of a public bill or resolution that
has remained in a standing committee 30 legislative days or
more without action. This motion to discharge the Committee on
Rules may be made only when the resolution has been referred to
that committee at least seven legislative days prior to the
filing of the motion to discharge. The motion may not permit
consideration of nongermane amendments. The motion is placed in
the custody of the Journal Clerk, where Members may sign it at
the House rostrum only when the House is in session. The names
of Members who have signed a discharge motion are published in
the Congressional Record on a weekly basis. When a majority of
the total membership of the House have signed the motion, it is
entered in the Journal, printed with all the signatures thereto
in the Congressional Record, and referred to the Calendar of
Motions to Discharge Committees.
On the second and fourth Mondays of each month, except
during the last six days of a session, a Member who has signed
a motion to discharge that has been on the calendar at least
seven legislative days may seek recognition and be recognized
for the purpose of calling up the motion. The motion to
discharge is debated for 20 minutes, one-half in favor of the
proposition and one-half in opposition.
If the motion to discharge the Committee on Rules from a
resolution pending before that committee prevails, the House
shall immediately consider such resolution. If the resolution
is adopted, the House proceeds to its execution. This is the
modern practice for utilization of the discharge rule.
If the motion to discharge one of the standing committees
of the House from a public bill or resolution pending before
the committee prevails, a Member who signed the motion may move
that the House proceed to the immediate consideration of the
bill or resolution. If the motion is agreed to, the bill or
resolution is considered immediatelyunder the general rules of
the House. If the House votes against the motion for immediate
consideration, the bill or resolution is referred to its proper
calendar with the same rights and privileges it would have had if
reported favorably by the standing committee.
motion to suspend the rules
On Monday and Tuesday of each week and during the last six
days of a session, the Speaker may entertain a motion to
suspend the rules of the House and pass a public bill or
resolution. Members need to make arrangements in advance with
the Speaker to be recognized to offer such a motion. The motion
to suspend the rules and pass the bill is debatable for 40
minutes, one-half of the time in favor of the proposition and
one-half in opposition. The motion may not be separately
amended but may be amended in the form of a manager's amendment
included in the motion when it is offered. Because the rules
may be suspended and the bill passed only by affirmative vote
of two-thirds of the Members voting, a quorum being present,
this procedure is usually used only for expedited consideration
of relatively noncontroversial public measures.
The Speaker may postpone all recorded and yea-nay votes on
certain questions before the House, including a motion to
suspend the rules and the passage of bills and resolutions,
until a specified time on that legislative day or the next two
legislative days. At that time, the House disposes of the
postponed votes consecutively without further debate. After the
first postponed fifteen minute vote is taken, the Speaker may
reduce to not less than five minutes the time period for
subsequent postponed votes. If the House adjourns before
completing action on postponed votes, the postponed votes must
be the first order of business on the next legislative day.
Eliminating intermittent recorded votes on suspensions reduces
interruptions of committee meetings and allows more efficient
scheduling of voting.
calendar wednesday
On Wednesday of each week, unless dispensed with by
unanimous consent or by affirmative vote of two-thirds of the
Members voting, a quorum being present, the standing committees
are called in alphabetical order. A committee when named may
call up for consideration any bill reported by it on a previous
day and pending on either the House or Union Calendar. The
bill's report must have been available for three days in
accordance with House rules and must not be the subject of a
special order of business providing for its consideration. Not
more than two hours of general debate is permitted on any
measure called up on Calendar Wednesday and all debate must be
confined to the subject matter of the measure, the time being
equally divided between those for and those against it. The
affirmative vote of a simple majority of the Members present is
sufficient to pass the measure. The general purpose of this
procedure is to provide an alternative method of consideration
when the Committee on Rules has not reported a special
resolution for a specific bill.
district of columbia business
On the second and fourth Mondays of each month, after the
disposition of motions to discharge committees and after the
disposal of business on the Speaker's table requiring only
referral to committee, the Committee on Government Reform and
Oversight may call up for consideration any District of
Columbia business.
privileged matters
Under the rules of the House, certain matters are regarded
as privileged matters and may interrupt the order of business.
Conference reports, veto messages from the President, and
certain amendments to measures by the Senate after the stage of
disagreement between the two Houses are examples of privileged
matters. Certain reports from House committees are also
privileged, including reports from the Committee on Rules,
reports from the Committee on Appropriations on the general
appropriation bills, printing and committee funding resolutions
reported from the Committee on House Oversight, and reports on
Member's conduct from the Committee on Standards of Official
Conduct. Bills, joint resolutions, and motions may also take on
privileged status as a result of special procedures written
into statute. The Member in charge of such a matter may call it
up at practically any time for immediate consideration.
Usually, this is done after consultation with both the majority
and minority floor leaders so that the Members of both parties
will have advance notice.
In addition, at any time after the reading of the Journal,
a Member, by direction of the Committee on Appropriations, may
move that the House resolve itself into the Committee of the
Whole House on the State of the Union for the purpose of
considering general appropriation bills. General appropriation
bills may not be considered in the House until three calendar
days (excluding Saturdays, Sundays, and legal holidays unless
the House is in session on those days) after printed committee
reports and hearings on them have been available to the
Members. The limit on general debate on such a bill is
generally fixed by a special resolution reported from the
Committee on Rules.
XI. CONSIDERATION AND DEBATE
Our democratic tradition demands that bills be given
consideration by the entire membership usually with adequate
opportunity for debate and the proposing of amendments.
committee of the whole house
In order to expedite the consideration of bills and
resolutions, the rules of the House provide for a parliamentary
mechanism, known as the Committee of the Whole, that enables
the House to act with a quorum of less than the requisite
majority of 218. A quorum in the Committee of the Whole is 100
members. All measures on the Union Calendar--those involving a
tax, making appropriations, authorizing payments out of
appropriations already made, or disposing of property--must be
first considered in the Committee of the Whole.
The Committee on Rules reports a special resolution
allowing for immediate consideration of a measure by the
Committee of the Whole. After adoption of the resolution by the
House, the Speaker may declare the House resolved into the
Committee of the Whole. When the House resolves into the
Committee of the Whole, the Speaker leaves the chair after
appointing a Chairman to preside.
The resolution referred to in the preceding paragraph also
fixes the length of the debate in the Committee of the Whole.
This may vary according to the importance and controversial
nature of the measure. As provided in the resolution, the
control of the time is divided equally between the chairman and
the ranking minority member of the committee(s) that reported
the measure. Members seeking to speak for or against the
measure may arrange in advance with the Member in control of
the time on their respective side to be allowed a certain
amount of time in the debate. Members may also ask the Member
speaking at the time to yield to them for a question or a brief
statement. A transcript of the proceedings and debate in the
House and the Senate is printed daily in the Congressional
Record. Frequently, permission is granted a Member by unanimous
consent to revise and extend his remarks in the Congressional
Record if sufficient time to make a lengthy oral statement is
not available during actual debate. These revisions and
extensions are printed in a distinctive type and cannot
substantively alter the verbatim transcript.
The conduct of the debate is governed principally by the
rules of the House that are adopted at the opening of each
Congress. Jefferson's Manual, prepared by Thomas Jefferson for
his own guidance as President of the Senate from 1797 to 1801,
is another recognized authority. The House has a long-standing
rule that provides that the provisions of Jefferson's Manual
should govern the House in all applicable cases and where they
are not inconsistent with the rules of the House. The House
also relies on an 11-volume compilation of parliamentary
precedents, entitled Hinds' Precedents and Cannon's Precedents
of the House of Representatives, dating from the earliest days
of Congress to 1935, to guide its action. A later compilation,
Deschler-Brown Precedents of the House of Representatives,
covers 1936 to date. In addition, a summary of the House
precedents prior to 1959 can be found in a single volume
entitled Cannon's Procedure in the House of Representatives.
Procedure in the U.S. House of Representatives, fourth edition,
as supplemented, and House Practice, published in 1996, are
recent compilations of the precedents of the House, in summary
form, together with other useful related material. Also,
various rulings of the Speaker are set out as notes in the
current House Rules and Manual. Most parliamentary questions
arising during the course of debate are responded to by a
ruling based on a precedent of action in a similar situation.
The Parliamentarian of the House is present in the House
Chamber in order to assist the Speaker or the Chairman in
making a correct ruling on parliamentary questions.
second reading
During general debate on a bill, an accurate account is
kept of the time used on both sides and the Chairman terminates
the debate when all the time allowed under the special
resolution has been consumed. After general debate, the second
reading of the bill begins. The second reading is a section-by-
section reading during which time germane amendments may be
offered to a section when it is read. Under some special
``modified closed'' rules adopted by the House, certain bills
are considered as read and open only to prescribed amendments
under limited time allocations. Under the normal ``open''
amendment process, a Member is permitted five minutes to
explain the proposed amendment, after which the Member who is
first recognized by the Chair is allowed to speak for five
minutes in opposition to it. There is no further debate on that
amendment, thereby effectively preventing filibuster-like
tactics. This is known as the ``five-minute rule''. However,
Members may offer a pro forma amendment--``to strike out the
last word''--which does not change the language of the
amendment but allows the Member five minutes for debate. Each
substantive amendment and amendment thereto is put to the
Committee of the Whole for adoption unless the House has
adopted a special resolution ``self-executing'' the adoption of
certain amendments in the Committee of the Whole.
At any time after debate has begun on proposed amendments
to a section or paragraph of a bill under the five-minute rule,
the Committee of the Whole may by majority vote of the Members
present close debate on the section or paragraph. However, if
debate is closed on a section or paragraph before there has
been debate on any amendment that a Member has caused to be
printed in the Congressional Record after the reporting of the
bill by the committee but at least one day prior to floor
consideration of the amendment, the Member who caused the
amendment to be printed in the Record is given five minutes in
which to explain the amendment. Five minutes is also given to
speak in opposition to the amendment and no further debate on
the amendment is allowed. Amendments placed in the
Congressional Record must be signed by the Member offering the
amendment, must indicate the full text of the proposed
amendment, the number of the bill to which it will be offered
and the point in the bill or amendment thereto where the
amendment is intended to be offered. These amendments appear in
the portion of the Record designated for that purpose.
amendments and the germaneness rule
The rules of the House prohibit amendments of a subject
matter different from the text under consideration. This rule,
commonly known as the germaneness rule, is considered the
single most important rule of the House of Representatives
because of the obvious need to keep the focus of a body the
size of the House on a predictable subject matter. The
germaneness rule applies to the proceedings in the House, the
Committee of the Whole, and the standing committees. There are
hundreds of prior rulings or ``precedents'' on issues of
germaneness available to guide the Chair.
the committee ``rises''
At the conclusion of the consideration of a bill for
amendment, the Committee of the Whole ``rises'' and reports the
bill to the House with the amendments that have been adopted.
In rising, the Committee of the Whole reverts back to the House
and the Chairman of the Committee is replaced in the chair by
the Speaker of the House. The House then acts on the bill and
any amendments adopted by the Committee of the Whole.
house action
Debate on a bill in the House is cut off by moving and
ordering ``the previous question''. All debate is cut off on
the bill if this motion is carried by a majority of the Members
voting, a quorum being present, or by a special resolution
ordering the previous question upon the rising of the Committee
of the Whole. The Speaker then puts the question: ``Shall the
bill be engrossed and read a third time?'' If this question is
decided in the affirmative, the bill is read a third time by
title only and voted on for passage.
If the previous question has been ordered by the terms of
the special resolution on a bill reported by the Committee of
the Whole, the House immediately votes on whatever amendments
have been reported by the Committee in the order in which they
appear in the bill unless voted on en bloc. After completion of
voting on the amendments, the House immediately votes on the
passage of the bill with the amendments it has adopted.
However, a motion to recommit, as described in the next
section, may be offered and voted on prior to the vote on
passage.
The Speaker may postpone a recorded vote on final passage
of a bill or resolution or agreement to a conference report for
up to two legislative days.
Measures that do not have to be considered in the Committee
of the Whole are considered in the House in accordance with the
terms of the rule limiting debate on the measure or under the
``hour rule''. The hour rule limits the amount of time that a
Member may occupy in debate on a pending question to 60
minutes. Generally, the opportunity for debate may also be
curtailed when the Speaker makes the rare determination that a
motion is dilatory.
After passage or rejection of the bill by the House, a pro
forma motion to reconsider it is automatically made and laid on
the table. The motion to reconsider is tabled to prohibit this
motion from being made at a later date because the vote of the
House on a proposition is not final and conclusive on the House
until there has been an opportunity to reconsider it.
motion to recommit
After the previous question has been ordered on the passage
of a bill or joint resolution, it is in order to offer one
motion to recommit the bill or joint resolution to a committee
and the Speaker is required to give preference in recognition
for that purpose to a minority party Member who is opposed to
the bill or joint resolution. This motion is normally not
subject to debate. However, a motion to recommit with
instructions offered after the previous question has been
ordered is debatable for 10 minutes, except that the majority
floor manager may demand that the debate be extended to one
hour. Whatever time is allotted for debate is divided equally
between the proponents and opponents of the motion.
Instructions in the motion to recommit normally take the form
of germane amendments proposed by the minority to change the
final form of the bill prior to passage.
quorum calls and rollcalls
Article 1, Section 5, of the Constitution provides that a
majority of each House constitutes a quorum to do business and
authorizes a smaller number than a quorum to compel the
attendance of absent Members. In order to fulfill this
constitutional responsibility, the rules of the House provide
alternative procedures for quorum calls in the House and the
Committee of the Whole.
The rules of the House provide special authority for the
Speaker to recognize a Member of the Speaker's choice to move a
call of the House at any time. This motion for the call of the
House is in order notwithstanding the rule that a point of
order of no quorum may be made in the House only when the
Speaker has put the pending question to a vote and not during
periods of debate.
In the absence of a quorum, 15 Members may initiate a call
of the House to compel the attendance of absent Members. Such a
call of the House must be ordered by a majority vote. A call of
the House is then ordered and the call is taken by electronic
device or by response to the alphabetical call of the roll of
Members. Absent Members have a minimum of 15 minutes from the
ordering of the call of the House by electronic device to have
their presence recorded. If sufficient excuse is not offered
for their absence, they may be sent for by the Sergeant-at-Arms
and their attendance secured and retained. The House then
determines the conditions on which they may be discharged.
Members who voluntarily appear are, unless the House otherwise
directs, immediately admitted to the Hall of the House and must
report their names to the Clerk to be entered in the Journal as
present. Compulsory attendance or arrest of Members has been
rare in modern practice.
When a question is put to a vote by the Speaker and a
quorum fails to vote on such question, if a quorum is not
present and objection is made for that reason, there is a call
of the House unless the House adjourns. The call is taken by
electronic device and the Sergeant-at-Arms may bring in absent
Members. The yeas and nays on the pending question are at the
same time considered as ordered and an ``automatic'' rollcall
vote is taken. The Clerk utilizes the electronic system or if
inoperative, calls the roll and each Member who is present may
vote on the pending question as the Member answers the roll. If
those voting on the question and those who are present and
decline to vote together make a majority of the House, the
Speaker declares that a quorum is constituted, and the pending
question is decided according to the will of the majority of
those voting.
The rules prohibit points of order of no quorum (1) before
or during the daily prayer, (2) during administration of the
oath of office to the Speaker or any Member, (3) during the
reception of messages from the President or the Senate, and (4)
in connection with motions incidental to a call of the House.
If the presence of a quorum has been established at least once
on any day, further points of no quorum are prohibited (1)
during the reading of the Journal, (2) between the time a
Committee of the Whole rises and its Chairman reports, and (3)
during the period on any legislative day when Members are
addressing the House under special orders. The language
prohibiting quorum calls ``during any period'' when Members are
speaking under special orders includes the time between
addresses delivered during this period as well as the addresses
themselves. Furthermore, a quorum call is not in order when no
business has intervened since the previous call. For the
purposes of this provision, all the situations described above
are not to be considered as ``business''.
The rules of the House also prohibit points of order of no
quorum when a motion or proposition is being debated in the
House unless the Speaker has put the motion or proposition to a
vote.
The rules for quorum calls are different in some respects
in the Committee of the Whole. The first time the Committee of
the Whole finds itself without a quorum during any day the
Chairman is required to order the roll to be called by
electronic device, unless the Chairman orders a call of the
Committee. If on a call, a quorum (100 Members) appears, the
Committee continues its business. If a quorum does not appear,
the Committee rises and the Chairman reports the names of the
absentees to the House. The rules provide for the expeditious
conduct of quorum calls in the Committee of the Whole. The
Chairman may suspend a quorum call after 100 Members have
recorded their presence. Under such a short quorum call, the
Committee will not rise and present or absent Members' names
will not be published. In that case, a recorded vote, if
ordered immediately following the termination of the short
quorum call, is a minimum of 15 minutes. In the alternative,
the Chair may choose to permit a full 15 minute quorum call,
wherein all Members names are recorded as present or absent, to
be followed by a five-minute recorded vote on the pending
question. Once a quorum of the Committee of the Whole has been
established for the day, quorum calls in the Committee are only
in order when the Committee is operating under the five-minute
rule and the Chairman has put the pending motion or proposition
to a vote. The rules prohibit a point of order of no quorum
against a vote in which the Committee of the Whole agrees to
rise. However, an appropriate point of order of no quorum would
be permitted against a vote defeating a motion to rise.
voting
There are three methods of voting in the Committee of the
Whole that are also employed in the House. These are the voice
vote, the division, and the recorded vote. The yea-and-nay vote
is an additional method used only in the House, which may be
automatic if a Member objects to the vote on the ground that a
quorum is not present.
To conduct a voice vote the Chair puts the question: ``As
many as are in favor (as the question may be) say `Aye'. As
many as are opposed, say `No'.'' The Chair determines the
result on a comparison of the volume of ayes and noes. This is
the form in which the vote is ordinarily taken in the first
instance.
If it is difficult to determine the result of a voice vote,
a division may be demanded by a Member or initiated by the
Chair. The Chair then states: ``As many as are in favor will
rise and stand until counted''. After counting those in favor
he calls on those opposed to stand and be counted, thereby
determining the number in favor of and those opposed to the
question.
If any Member requests a recorded vote and that request is
supported by at least one-fifth of a quorum of the House, or 25
Members in the Committee of the Whole, the vote is taken by
electronic device. After the recorded vote is concluded, the
names of those voting and those not voting are entered in the
Journal. Members have a minimum of 15 minutes to be counted
from the time the recorded vote is ordered. The Speaker may
reduce the period for voting to five minutes on subsequent
votes in certain situations where there has been no intervening
debate or business. The Speaker is not required to vote unless
the Speaker's vote would be decisive.
In the House, if the yeas and nays are demanded, the
Speaker directs those in favor of taking the vote by that
method to stand and be counted. The support of one-fifth of the
Members present is necessary for ordering the yeas and nays.
When the yeas and nays are ordered or a point of order is made
that a quorum is not present, the Speaker states: ``As many as
are in favor of the proposition will vote `Aye'. As many as are
opposed will vote `No'.'' The Clerk activates the electronic
system or calls the roll and reports the result to the Speaker,
who announces it to the House.
The rules of the House require a three-fifths vote to pass
a bill, joint resolution, amendment, or conference report that
contains a federal income tax rate increase.
The rules prohibit a Member from (1) casting another
Member's vote or recording another Member's presence in the
House or the Committee of the Whole or (2) authorizing another
individual to cast a vote or record the Member's presence in
the House or the Committee of the Whole.
electronic voting
Recorded and rollcall votes are usually taken by electronic
device, except when the Speaker orders the vote to be recorded
by other methods prescribed by the rules of the House, or in
the failure of the electronic device to function. In addition,
quorum calls are generally taken by electronic device.
Essentially the system works as follows: A number of vote
stations are attached to selected chairs in the Chamber. Each
station is equipped with a vote card slot and four indicators,
marked ``yea'', ``nay'', ``present'', and ``open'' that are lit
when a vote is in progress and the system is ready to accept
votes. Each Member is provided with a personalized Vote-ID
Card. A Member votes by inserting the voting card into any one
of the vote stations and depressing the appropriate button to
indicate the Member's choice. If a Member is without a Vote-ID
Card or wishes to change his vote during the last five minutes
of a vote, the Member may be recorded by handing a paper ballot
to the Tally Clerk, who then records the vote electronically
according to the indicated preference of the Member. The paper
ballots are green for ``yea'', red for ``nay'', and amber for
``present''. The voting machine records the votes and reports
the result when the vote is completed.
pairing of members
When a Member anticipates being unavoidably absent at the
time a vote is to be taken, the Member may arrange in advance
to be recorded as being either in favor of or opposed to the
question by being ``paired'' with a Member who will also be
absent and who holds contrary views on the question. A specific
pair of this kind shows how the Member would have voted if
present. Occasionally, a Member who has arranged in advance to
be paired is present at the time of voting. The Member then
votes as if not paired, subsequently withdraws that vote, and
asks to be marked ``present'' to protect the other Member. This
is known as a ``live pair''.
Absent Members often sign statements for submission in the
Record stating how they would have voted if present on specific
votes.
system of lights and bells
Due to the diverse nature of daily tasks that they have to
perform, it is not practicable for Members to be present in the
House or Senate Chamber at every minute that the body is in
session. Furthermore, many of the routine matters do not
require the personal attendance of all the Members. A
legislative call system consisting of electric lights and bells
or buzzers located in various parts of the Capitol Building and
House and Senate Office Buildings alerts Members to certain
occurrences in the House and Senate Chambers.
In the House, the Speaker has ordered that the bells and
lights comprising the system be utilized as follows:
1 long ring followed by a pause and then 3 rings and 3 lights
on the left--Start or continuation of a notice or short quorum
call in the Committee of the Whole that will be vacated if and
when 100 Members appear on the floor. Bells are repeated every
five minutes unless the call is vacated or the call is
converted into a regular quorum call.
1 long ring and extinguishing of 3 lights on the left--Short
or notice quorum call vacated.
2 rings and 2 lights on the left--15 minute recorded vote,
yea-and-nay vote or automatic rollcall vote by electronic
device. The bells are repeated five minutes after the first
ring.
2 rings and 2 lights on the left followed by a pause and then
2 more rings--Automatic rollcall vote or yea-and-nay vote taken
by a call of the roll in the House. The bells are repeated when
the Clerk reaches the R's in the first call of the roll.
2 rings followed by a pause and then 5 rings--First vote
under Suspension of the Rules or on clustered votes. Two bells
are repeated five minutes after the first ring. The first vote
will take 15 minutes with successive votes at intervals of not
less than five minutes. Each successive vote is signaled by
five rings.
3 rings and 3 lights on the left--15 minute quorum call in
either the House or in the Committee of the Whole by electronic
device. The bells are repeated five minutes after the first
ring.
3 rings followed by a pause and then 3 more rings--15 minute
quorum call by a call of the roll. The bells are repeated when
the Clerk reaches the R's in the first call of the roll.
3 rings followed by a pause and then 5 more rings--Quorum
call in the Committee of the Whole that may be followed
immediately by a five-minute recorded vote.
4 rings and 4 lights on the left--Adjournment of the House.
5 rings and 5 lights on the left--Any five-minute vote.
6 rings and 6 lights on the left--Recess of the House.
12 rings at 2-second intervals with 6 lights on the left--
Civil Defense Warning.
The 7th light indicates that the House is in session.
recess authority
The House may by vote authorize the Speaker to declare a
recess under the rules of the House. The Speaker also has the
authority to declare the House in recess for a short time when
no question is pending before the House.
live coverage of floor proceedings
The rules of the House provide for unedited radio and
television broadcasting and recording of proceedings on the
floor of the House. However, the rules prohibit the use of
these broadcasts and recordings for any political purpose or in
any commercial advertisement. The rules of the Senate also
provide for broadcasting and recording of proceedings in the
Senate Chamber with similar restrictions.
XII. CONGRESSIONAL BUDGET PROCESS
The Congressional Budget and Impoundment Control Act of
1974 as amended provides Congress with a procedure establishing
appropriate spending and revenue levels for each year. The
congressional budget process, as set out in the 1974 Budget
Act, is designed to coordinate decisions on sources and levels
of revenues and on objects and levels of expenditures. Its
basic method is to prescribe the overall size of the fiscal pie
and the particular sizes of its various pieces. Each year the
Congress adopts a concurrent resolution imposing overall
constraints on revenues and spending and distributing the
overall constraint on spending among groups of programs and
activities.
Congress aims to complete action on a concurrent resolution
on the budget for the next fiscal year by April 15. Congress
may adopt a later budget resolution that revises the most
recently adopted budget resolution. One of the mechanisms
Congress uses to implement the constraints on revenue and
spending is called the reconciliation process. Reconciliation
is a two-step process designed to bring existing law in
conformity with the most recently adopted concurrent resolution
on the budget. The first step in the reconciliation process is
the language found in a concurrent resolution on the budget
instructing House and Senate committees to determine and
recommend changes in laws or bills that will achieve the
constraints established in the concurrent resolution on the
budget. The instructions to a committee specify the amount of
spending reductions or revenue increases a committee must
attain and leave to the discretion of the committee the
specific changes to laws or bills that must be made. The second
step involves the combination of the various instructed
committee's recommendations into an omnibus reconciliation bill
which is reported by the Committee on the Budget and considered
by the whole House.
The Budget Act maintains that reconciliation provisions
must be related to reconciling the budget. This principle is
codified in section 313 of the Budget Act, the so-called Byrd
Rule, named after Senator Robert C. Byrd of West Virginia.
Section 313 provides a point of order in the Senate against
extraneous matter in reconciliation bills. Determining what is
extraneous is a difficult task for the Senate's Presiding
Officer. The Byrd Rule may only be waived in the Senate by a
three-fifths vote and sixty votes are required to overturn the
Presiding Officer's ruling.
Congress aims to complete action on a reconciliation bill
or resolution by June 15 of each year. After Congress has
completed action on a concurrent resolution on the budget for a
fiscal year, it is generally not in order to consider
legislation that does not conform to the constraints on
spending and revenue set out in the resolution.
Congress has enacted legislation under which breaches are
remedied by ``sequestration'', that is, automatic cancellations
of spending authority. Sequestration results when the statutory
parameters for the deficit, discretionary spending, or the
``Paygo'' requirement have been exceeded. Paygo requires that
tax reductions or increases in entitlements must be offset by
tax increases or reductions in entitlements.
XIII. ENGROSSMENT AND MESSAGE TO SENATE
The preparation of a copy of the bill in the form in which
it has passed the House can be a detailed and complicated
process because of the large number and complexity of
amendments to some bills adopted by the House. Frequently,
these amendments are offered during a spirited debate with
little or no prior formal preparation. The amendment may be for
the purpose of inserting new language, substituting different
words for those set out in the bill, or deleting portions of
the bill. It is not unusual to have more than 100 amendments
adopted, including those proposed by the committee at the time
the bill is reported and those offered from the floor during
the consideration of the bill in the Chamber. In some cases,
amendments offered from the floor are written in longhand. Each
amendment must be inserted in precisely the proper place in the
bill, with the spelling and punctuation exactly as it was
adopted by the House. It is extremely important that the Senate
receive a copy of the bill in the precise form in which it has
passed the House. The preparation of such a copy is the
function of the enrolling clerk.
In the House, the enrolling clerk is under the Clerk of the
House. In the Senate, the enrolling clerk is under the
Secretary of the Senate. The enrolling clerk receives all the
papers relating to the bill, including the official Clerk's
copy of the bill as reported by the standing committee and each
amendment adopted by the House. From this material, the
enrolling clerk prepares the engrossed copy of the bill as
passed, containing all the amendments agreed to by the House.
At this point, the measure ceases technically to be called a
bill and is termed ``an act'' signifying that it is the act of
one body of the Congress, although it is still popularly
referred to as a bill. The engrossed bill is printed on blue
paper and is signed by the Clerk of the House.
XIV. SENATE ACTION
The Parliamentarian, in the name of the Vice President, as
the President of the Senate, refers the engrossed bill to the
appropriate standing committee of the Senate in conformity with
the rules of the Senate. The bill is reprinted immediately and
copies are made available in the document rooms of both Houses.
This printing is known as the ``Act print'' or the ``Senate
referred print''.
committee consideration
Senate committees give the bill the same detailed
consideration as it received in the House and may report it
with or without amendment. A committee member who wishes to
express an individual view or a group of Members who wish to
file a minority report may do so by giving notice, at the time
of the approval of a report on the measure, of an intention to
file supplemental, minority, or additional views. These views
may be filed within three days with the clerk of the committee
and become a part of the report. When a committee reports a
bill, it is reprinted with the committee amendments indicated
by showing new matter in italics and deleted matter in line-
through type. The calendar number and report number are
indicated on the first and back pages, together with thename of
the Senator making the report. The committee report and any minority or
individual views accompanying the bill also are printed at the same
time.
All committee meetings, including those to conduct
hearings, must be open to the public. However, a majority of
the members of a committee or subcommittee may, after
discussion in closed session, vote in open session to close a
meeting or series of meetings on the same subject for no longer
than 14 days if it is determined that the matters to be
discussed or testimony to be taken will disclose matters
necessary to be kept secret in the interests of national
defense or the confidential conduct of the foreign relations of
the United States; will relate solely to internal committee
staff management or procedure; will tend to charge an
individual with a crime or misconduct, to disgrace or injure
the professional standing of an individual, or otherwise to
expose an individual to public contempt, or will represent a
clearly unwarranted invasion of the privacy of an individual;
will disclose law enforcement information that is required to
be kept secret; will disclose certain information regarding
certain trade secrets; or may disclose matters required to be
kept confidential under other provisions of law or government
regulation.
chamber procedure
The rules of procedure in the Senate differ to a large
extent from those in the House. The Senate relies heavily on
the practice of obtaining unanimous consent for actions to be
taken. For example, at the time that a bill is reported, the
Majority Leader may ask unanimous consent for the immediate
consideration of the bill. If the bill is of a noncontroversial
nature and there is no objection, the Senate may pass the bill
with little or no debate and with only a brief explanation of
its purpose and effect. Even in this instance, the bill is
subject to amendment by any Senator. A simple majority vote is
necessary to carry an amendment as well as to pass the bill. If
there is any objection, the report must lie over one
legislative day and the bill is placed on the calendar.
Measures reported by standing committees of the Senate may
not be considered unless the report of that committee has been
available to Senate Members for at least two days (excluding
Sundays and legal holidays) prior to consideration of the
measure in the Senate. This requirement, however, may be waived
by agreement of the Majority and Minority leaders and does not
apply in certain emergency situations.
In the Senate, measures are brought up for consideration by
a simple unanimous consent request, by a complex unanimous
consent agreement, or by a motion to proceed to the
consideration of a measure on the calendar. A unanimous consent
agreement, sometimes referred to as a ``time agreement'', makes
the consideration of a measure in order and often limits the
amount of debate that will take place on the measure and lists
the amendments that will be considered. The offering of a
unanimous consent request to consider a measure or the offering
of a motion to proceed to the consideration of a measure is
reserved, by tradition, to the Majority Leader.
Usually a motion to consider a measure on the calendar is
made only when unanimous consent to consider the measure cannot
be obtained. There are two calendars in the Senate, the
Calendar of Business and the Executive Calendar. All
legislation is placed on the Calendar of Business and treaties
and nominations are placed on the Executive Calendar. Unlike
the House, there is no differentiation on the Calendar of
Business between the treatment of (1) bills raising revenue,
general appropriation bills, and bills of a public character
appropriating money or property, and (2) other bills of a
public character not appropriating money or property.
The rules of the Senate provide that at the conclusion of
the morning business for each ``legislative day'' the Senate
proceeds to the consideration of the calendar. In the Senate,
the term ``legislative day'' means the period of time from when
the Senate adjourns until the next time the Senate adjourns.
Because the Senate often ``recesses'' rather than ``adjourns''
at the end of a daily session, the legislative day usually does
not correspond to the 24-hour period comprising a calendar day.
Thus, a legislative day may cover a long period of time--from
days to weeks, or even months. Because of this and the modern
practice of waiving the call of the calendar by unanimous
consent at the start of a new legislative day, it is rare to
have a call of the calendar. When the calendar is called, bills
that are not objected to are taken up in their order, and each
Senator is entitled to speak once and for five minutes only on
any question. Objection may be interposed at any stage of the
proceedings, but on motion the Senate may continue
consideration after the call of the calendar is completed, and
the limitations on debate then do not apply.
On any day (other than a Monday that begins a new
legislative day), following the announcement of the close of
morning business, any Senator, usually the Majority Leader,
obtaining recognition may move to take up any bill out of its
regular order on the calendar. The five-minute limitation on
debate does not apply to the consideration of a bill taken up
in this manner, and debate may continue until the hour when the
Presiding Officer of the Senate ``lays down'' the unfinished
business of the day. At that point consideration of the bill is
discontinued and the measure reverts back to the Calendar of
Business and may again be called up at another time under the
same conditions.
When a bill has been objected to and passed over on the
call of the calendar it is not necessarily lost. The Majority
Leader, after consulting the Minority Leader, determines the
time at which the bill will be considered. At that time, a
motion is made to consider the bill. The motion is debatable if
made after the morning hour.
Once a Senator is recognized by the Presiding Officer, the
Senator may speak for as long as the Senator wishes and loses
the floor only when the Senator yields it or takes certain
parliamentary actions that forfeit the Senator's right to the
floor. However, a Senator may not speak more than twice on any
one question in debate on the same legislative day without
leave of the Senate. Debate ends when a Senator yields the
floor and no other Senator seeks recognition, or when a
unanimous consent agreement limiting the time of debate is
operating.
On occasion, Senators opposed to a measure may extend
debate by making lengthy speeches intended to prevent or defeat
action on the measure. This is the tactic known as
``filibustering''. Debate, however, may be closed if 16
Senators sign a motion to that effect and the motion is carried
by three-fifths of the Senators duly chosen and sworn. Such a
motion is voted on one hour after the Senate convenes,
following a quorum call on the next day after a day of session
has intervened. This procedure is called ``invoking cloture''.
In 1986, the Senate amended its rules to limit ``post-cloture''
consideration to 30 hours. A Senator may speak for not more
than one hour and may yield all or a part of that time to the
majority or minority floor managers of the bill under
consideration or to the Majority or Minority leader. The Senate
may increase the time for ``post-cloture'' debate by a vote of
three-fifths of the Senators duly chosen and sworn. After the
time for debate has expired, the Senate may consider only
amendments actually pending before voting on the bill.
While a measure is being considered it is subject to
amendment and each amendment, including those proposed by the
committee that reported the bill, is considered separately.
Generally, there is no requirement that proposed amendments be
germane to the subject matter of the bill except in the case of
general appropriation bills or where ``cloture'' has been
invoked. Under the rules, a ``rider'', an amendment proposing
substantive legislation to an appropriation bill, is
prohibited. However, this prohibition may be suspended by two-
thirds vote on a motion to permit consideration of such an
amendment on one day's notice in writing. Debate must be
germane during the first three hours after business is laid
down unless determined to the contrary by unanimous consent or
on motion without debate. After final action on the amendments
the bill is ready for engrossment and the third reading, which
is by title only. The Presiding Officer then puts the question
on the passage and a voice vote is usually taken although a
yea-and-nay vote is in order if demanded by one-fifth of the
Senators present. A simple majority is necessary for passage.
Before an amended measure is cleared for its return to the
House of Representatives, or an unamended measure is cleared
for enrollment, a Senator who voted with the prevailing side,
or who abstained from voting, may make a motion within the next
two days to reconsider the action. If the measure was passed
without a recorded vote, any Senator may make the motion to
reconsider. That motion is usually tabled and its tabling
constitutes a final determination. If, however, the motion is
granted, the Senate, by majority vote, may either affirm its
action, which then becomes final, or reverse it.
The original engrossed House bill, together with the
engrossed Senate amendments, if any, is then returned to the
House with a message stating the action taken by the Senate.
Where amendments have been made by the Senate, the message
requests that the House concur in them.
For a more detailed discussion of Senate procedure, see
Enactment of a Law, by Robert B. Dove, Parliamentarian of the
Senate, Senate Doc. No. 97-20.
XV. FINAL ACTION ON AMENDED BILL
On their return to the House, the official papers relating
to the amended measure are placed on the Speaker's table to
await House action on the Senate amendments. Although rarely
exercised, the Speaker has the authority to refer Senate
amendments to the appropriate committee(s) with or without time
limits on their consideration of such amendments. If the
amendments are of a minor or noncontroversial nature, the
chairman of the committee that originally reported the bill--or
any Member--may, at the direction of the committee, ask
unanimous consent to take the bill with the amendments from the
Speaker's table and agree to the Senate amendments. At this
point, the Clerk reads the title of the bill and the Senate
amendments. If there is no objection, the amendments are then
declared to be agreed to, and the bill is ready to be enrolled
for presentation to the President. If unanimous consent is not
obtainable, the few bills that do not require consideration in
the Committee of the Whole are privileged and may be called up
from the Speaker's table by motion for immediate consideration
of the amendments. A simple majority is necessary to carry the
motion and thereby complete floor action on the measure. A
Senate amendment to a House bill is subject to a point of order
that it must first be considered in the Committee of the Whole,
if, originating in the House, it would be subject to that point
of order. Most Senate amendments require consideration in the
Committee of the Whole and this procedure by privileged motion
is seldom utilized.
request for a conference
If, however, the amendments are substantial or
controversial, a Member, usually the chairman of the committee
of jurisdiction, may request unanimous consent to take the
House bill with the Senate amendments from the Speaker's table,
disagree to the amendments and request or agree to a conference
with the Senate to resolve the disagreeing votes of the two
Houses. In the case of a Senate bill with House amendments, the
House may insist on the House amendments and request a
conference. For a discussion of bills originating in the
Senate, see Part XVI. If there is objection, the Speaker may
recognize a Member for a motion, authorized by the committee(s)
having jurisdiction over the subject matter of the bill, to (1)
disagree to the Senate amendments and ask for or agree to a
conference or (2) insist on the House amendments to a Senate
bill and request or agree to a conference. This may also be
accomplished by a motion to suspend the rules with a two-thirds
vote or by a special resolution from the Committee on Rules. If
there is no objection to the request, or if the motion is
carried, a motion to instruct the managers of the conference
would be in order. This initial motion to instruct is the
prerogative of the minority party. The instructions to
conferees usually urge the managers to accept or reject a
particular Senate or House provision. However, such
instructions are not binding on House or Senate conferees.
After the motion to instruct is dispensed with, the Speaker
then appoints the managers, as the conferees are called, on the
part of the House and a message is sent to the Senate advising
it of the House action. A majority of the Members appointed to
be managers must have been supporters of the House position, as
determined by the Speaker. The Speaker must appoint Members
primarily responsible for the legislation and must include, to
the fullest extent feasible, the principal proponents of the
major provisions of the bill as it passed the House. The
Speaker usually follows the suggestions of the chairman of the
committee in charge of the bill in designating the managers on
the part of the House from among the members of the committee
or committees with jurisdiction over the House or Senate
provisions. Occasionally, the Speaker appoints conferees from
more than one committee and may specify the portions of the
House and Senate versions to which they are assigned. The
number is fixed by the Speaker and majority party
representation generally reflects the ratio for the full House
committee, but may be greater on important bills. The Speaker
also has the authority to add or remove conferees after his
original appointment. Representation of both major parties is
an important attribute of all our parliamentary procedures but,
in the case of conference committees, it is important that the
views of the House on the House measure be fully represented.
If the Senate agrees to the request for a conference, a
similar committee is appointed by unanimous consent by the
Presiding Officer of the Senate. Both political parties may be
represented on the Senate conference committee. The Senate and
House committees need not be the same size but each House has
one vote in conference as determined by a majority within each
set of managers.
The request for a conference can be made only by the body
in possession of the official papers. Occasionally, the Senate,
anticipating that the House will not concur in its amendments,
votes to insist on its amendments and requests a conference on
passage of the bill prior to returning the bill to the House.
This practice serves to expedite the matter because time may be
saved by the designation of the Senate conferees before
returning the bill to the House. The matter of which body
requests the conference is not without significance because the
body asking for the conference normally acts last on the report
to be submitted by the conferees and a motion to recommit the
conference report is not available to the body that acts last.
authority of conferees
The conference committee is sometimes popularly referred to
as the ``Third House of Congress''. Although the managers on
the part of each House meet together as one committee they are
in effect two separate committees, each of which votes
separately and acts by a majority vote. For this reason, the
number of managers from each House is largely immaterial.
The conferees are strictly limited in their consideration
to matters in disagreement between the two Houses.
Consequently, they may not strike out or amend any portion of
the bill that was not amended by the Senate. Furthermore, they
may not insert new matter that is not germane to or that is
beyond the scope of the differences between the two Houses.
Where the Senate amendment revises a figure or an amount
contained in the bill, the conferees are limited to the
difference between the two numbers and may neither increase the
greater nor decrease the smaller figure. Neither House may
alone, by instructions, empower its managers to make a change
in the text to which both Houses have agreed, but the managers
for both bodies may be given that authority by a concurrent
resolution adopted by a majority of each House.
When a disagreement to an amendment in the nature of a
substitute is committed to a conference committee, managers on
the part of the House may propose a substitute consisting of a
germane modification of the matter in disagreement, but the
introduction of language in that substitute presenting a
specific additional topic, question, issue, or proposition not
committed to the conference committee by either House is not in
order. Moreover, their report may not include matter not
committed to the conference committee by either House. The
report may not include a modification of any specific topic,
question, issue, or proposition committed to the conference
committee by either or both Houses if that modification is
beyond the scope of that specific topic, question, issue, or
proposition as committed to the conference committee.
The managers on the part of the House are under specific
guidelines when in conference on general appropriation bills.
An amendment by the Senate to a general appropriation bill
which would be in violation of the rules of the House, if such
amendment had originated in the House, including an amendment
changing existing law or providing appropriations not
authorized by law, or an amendment by the Senate providing for
an appropriation on a bill other than a general appropriation
bill, may not be agreed to by the managers on the part of the
House. However, the House may grant specific authority to agree
to such an amendment by a separate vote on each specific
amendment.
meetings and action of conferees
The rules of the House require that conference meetings be
open, unless the House, in open session, determines by a
rollcall vote of a majority of those Members voting that all or
part of the meeting will be closed to the public. When the
report of the conference committee is read in the House, a
point of order may be made that the conferees failed to comply
with the House rule requiring open conference meetings. If the
point of order is sustained, the conference report is
considered rejected by the House and a new conference is deemed
to have been requested.
There are generally four forms of recommendations available
to the conferees when reporting back to their bodies:
(1) The Senate recede from all (or certain of) its
amendments.
(2) The House recede from its disagreement to all (or certain
of) the Senate amendments and agree thereto.
(3) The House recede from its disagreement to all (or certain
of) the Senate amendments and agree thereto with amendments.
(4) The House recede from all (or certain of) its amendments
to the Senate amendments or its amendments to the Senate bill.
In many instances, the result of the conference is a
compromise growing out of the third type of recommendation
available to the conferees. The complete report may be composed
of any one or more of these recommendations with respect to the
various amendments. Occasionally, on general appropriation
bills with numbered Senate amendments, because of the special
rules preventing House conferees from agreeing to Senate
amendments changing existing law or appropriations not
authorized by law, the conferees find themselves, under the
rules or in fact, unable to reach an agreement with respect to
one or more amendments and report back a statement of their
inability to agree on those particular amendments. These
amendments may then be acted upon separately. This partial
disagreement is not practicable where one House strikes out all
after the enacting clause and substitutes its own bill that
must be considered as a single amendment.
If they are unable to reach any agreement whatsoever, the
conferees report that fact to their respective bodies and the
amendments are in the position they were before the conference
was requested. New conferees may be appointed in either or both
Houses. In addition, the Houses may provide a new nonbinding
instruction to the conferees as to the position they are to
take.
After House conferees on any bill or resolution in
conference between the two bodies have been appointed for 20
calendar days and have failed to make a report, the rules of
the House provide for a motion of the highest privilege to
instruct the House conferees or discharge them and appoint new
conferees. The motion can be made only after the Member
announces his intention to offer the motion and only at a time
designated by the Speaker in the legislative schedule of the
following day. In addition, during the last six days of a
session, it is a privileged motion to move to discharge,
appoint, or instruct House conferees after House conferees have
been appointed 36 hours without having made a report.
conference reports
When the conferees, by majority vote of each group, have
reached complete agreement or find that they are able to agree
with respect to some but not all separately numbered
amendments, they make their recommendations in a report made in
duplicate that must be signed by a majority of the conferees
appointed by each body. The minority portion of the managers
have no authority to file a statement of minority views in
connection with the conference report. The report is required
to be printed in both Houses and must be accompanied by an
explanatory statement prepared jointly by the conferees on the
part of the House and the conferees on the part of the Senate.
The statement must be sufficiently detailed and explicit to
inform Congress as to the effect that the amendments or
propositions contained in the report will have on the measure
to which those amendments or propositions relate. The engrossed
bill and amendments and one copy of the report are delivered to
the body that is to act first on the report, usually, the body
that had agreed to the conference requested by the other.
In the Senate, the presentation of a conference report
always is in order except when the Journal is being read, a
point of order or motion to adjourn is pending, or while the
Senate is voting or ascertaining the presence of a quorum. When
the report is received, the question of proceeding to the
consideration of the report, if raised, is immediately voted on
without debate. The report is not subject to amendment in
either body and must be accepted or rejected as an entirety. If
the time for debate on the adoption of the report is limited,
the time allotted must be equally divided between the majority
and minority party. The Senate, acting first, prior to voting
on agreeing to the report may by majority vote order it
recommitted to the conferees. When the Senate agrees to the
report, its managers are thereby discharged and it then
delivers the original papers to the House with a message
advising that body of its action.
A report that contains any recommendations which extend
beyond the scope of differences between the two Houses is
subject to a point of order in its entirety unless that point
of order is waived in the House by unanimous consent, adoption
of a special resolution reported from the Committee on Rules,
or the suspension of the rules by a two-thirds vote.
The presentation of a conference report in the House always
is in order, except when the Journal is being read, while the
roll is being called, or the House is dividing on any
proposition. The report is considered in the House and may not
be sent to the Committee of the Whole on the suggestion that it
contains matters ordinarily requiring consideration in that
Committee. The report may not be received by the House if the
required statement does not accompany it.
However, it is not in order to consider either (1) a
conference report or (2) an amendment (including an amendment
in the nature of a substitute) proposed by the Senate to a
measure reported in disagreement between the two Houses, by a
conference report, that the conferees have been unable to
agree, until the third calendar day (excluding Saturdays,
Sundays, and legal holidays unless the House is in session on
those days) after the report and accompanying statement have
been filed in the House. Consideration is then in order only if
the report and accompanying statement have been printed in the
Congressional Record for the day on which the report and
statement have been filed. However, these provisions do not
apply during the last six days of the session. It is also not
in order to consider a conference report or such an amendment
unless copies of the report and accompanying statement,
together with the text of the amendment, have been available to
Members for at least two hours before their consideration. By
contrast, it is always in order to call up for consideration a
report from the Committee on Rules on the same day reported
only making in order the consideration of a conference report
or such an amendment notwithstanding the requirement that the
report and text of the amendment be available for at least two
hours before the beginning of consideration. The time allotted
for debate on a conference report or such an amendment is one
hour, equally divided between the majority party and the
minority party. However, if the majority and minority floor
managers both are supporters of the conference report, one-
third of the debate time must be allotted to a Member who is
opposed to the conference report. If the House does not agree
to a conference report that the Senate has already agreed to,
the report may not be recommitted to conference. In that
situation, the Senate conferees are discharged when the Senate
agrees to the report. The House may then request a new
conference with the Senate and conferees must be reappointed.
When a conference report is called up before the House
containing matter which would be in violation of the rules of
the House with respect to germaneness if the matter had been
offered as an amendment in the House, and which is contained
either (1) in the Senate bill or Senate amendment to the House
measure (including a Senate amendment in the nature of a
substitute for the text of that measure as passed by the House)
and accepted by the House conferees or agreed to by the
conference committee with modification or (2) in a substitute
amendment agreed to by the conference committee, a point of
order may be made at the beginning of consideration that
nongermane matter is contained in the report. If the point of
order is sustained, it is in order for the Chair to entertain a
motion of high privilege that the House reject the nongermane
matter covered by the point of order. The motion is debatable
for 40 minutes, one-half of the time to be given to debate in
favor of, and one-half in opposition to, the motion.
Notwithstanding the final disposition of a point of order made
with respect to the report, or of a motion to reject nongermane
matter, further points of order may be made with respect to the
report, and further motions may be made to reject other
nongermane matter in the conference report not covered by any
previous point of order which has been sustained. If a motion
to reject has been adopted, after final disposition of all
points of order and motions to reject, the conference report is
considered rejected and the question then pending before the
House is whether (1) to recede and concur with an amendment
that consists of that portion of the conference report not
rejected or (2) to insist on the House amendment. If all
motions to reject are defeated and the House thereby decides to
permit the inclusion of the nongermane Senate matter in the
conference report, then, after the allocation of time for
debate on the conference report, it is in order to move the
previous question on the adoption of the conference report.
Similar procedures are available in the House when the
Senate proposes an amendment to a measure that would be in
violation of the rule against nongermane amendments, and
thereafter it is (1) reported in disagreement by a committee of
conference or (2) before the House and the stage of
disagreement is reached.
The numbered amendments of the Senate reported from
conference in disagreement may be voted on separately and may
be adopted by a majority vote after the adoption of the
conference report itself as though no conference had been had
with respect to those amendments. The Senate may recede from
all amendments, or from certain of its amendments, insisting on
the others with or without a request for a further conference
with respect to them. If the House does not accept the
amendments insisted on by the Senate, the entire conference
process may begin again with respect to them. One House may
also further amend an amendment of the other House until the
third degree stage of amendment within that House is reached.
custody of papers
The custody of the original official papers is important in
conference procedure because either body may act on a
conference report only when in possession of the papers. The
papers are transmitted to the body agreeing to the conference
and from that body to the managers of the House that asked for
the conference. The latter in turn carry the papers with them
to the conference and at its conclusion turn them over to the
managers of the House that agreed to the conference. The
managers of the House that agreed to the conference deliver
them to their own House, that acts first on the report, and
then delivers the papers to the other House for final action on
the report. However, if the managers on the part of the House
agreeing to the conference surrender the papers to the House
asking for the conference, the report may be acted on first by
the House asking for the conference.
At the conclusion of the conference, each group of
conferees retains one copy of the report that has been made in
duplicate and signed by a majority of the managers of each
body. The House copy is signed first by the House managers and
the Senate copy is signed first by its managers.
A bill cannot become a law of the land until it has been
approved in identical form by both Houses of Congress. When the
bill has finally been approved by both Houses, all the original
papers are transmitted to the enrolling clerk of the body in
which the bill originated.
XVI. BILL ORIGINATING IN SENATE
The preceding discussion has described the legislative
process for bills originating in the House. When a bill
originates in the Senate, this process is reversed. When the
Senate passes a bill that originated in the Senate, it is sent
to the House for consideration. The bill is referred to the
appropriate House committee for consideration or held at the
Speaker's desk for possible amendment following action on a
companion House bill. If the committee reports the bill to the
full House and if the bill is passed by the House without
amendment, it is ready for enrollment. If the House passes an
amended version of the Senate bill, the bill is returned to the
Senate for action on the House amendments. The Senate may agree
to the amendments or request a conference to resolve the
disagreement over the House amendments. In accordance with the
Constitution, the Senate cannot originate revenue measures. If
the Senate does originate a revenue measure, it can be returned
to the Senate by a vote of the House as an infringement of the
constitutional prerogative of the House.
XVII. ENROLLMENT
When the bill has been agreed to in identical form by both
bodies--either without amendment by the Senate, or by House
concurrence in the Senate amendments, or by agreement in both
bodies to the conference report--a copy of the bill is enrolled
for presentation to the President.
The preparation of the enrolled bill is a painstaking and
important task because it must reflect precisely the effect of
all amendments, either by way of deletion, substitution, or
addition, agreed to by both bodies. The enrolling clerk of the
House, with respect to bills originating in the House, receives
the original engrossed bill, the engrossed Senate amendments,
the signed conference report, the several messages from the
Senate, and a notation of the final action by the House, for
the purpose of preparing the enrolled copy. From these the
enrolling clerk must prepare meticulously the final form of the
bill, as it was agreed to by both Houses, for presentation to
the President. On occasion, as many as 500 amendments have been
adopted, each of which must be set out in the enrollment
exactly as agreed to, and all punctuation must be in accord
with the action taken.
The enrolled bill is printed on parchment paper and
certified by the Clerk of the House stating that the bill
originated in the House of Representatives. A bill originating
in the Senate is examined and certified by the Secretary of the
Senate. A House bill is then examined for accuracy by the
Committee on House Oversight. When the committee is satisfied
with the accuracy of the bill, the chairman of the committee
attaches a slip stating that it finds the bill truly enrolled
and sends it to the Speaker of the House for signature. All
bills, regardless of the body in which they originated, are
signed first by the Speaker and then by the Vice President of
the United States, who, under the Constitution, serves as the
President of the Senate. The President pro tempore of the
Senate may also sign enrolled bills. The Speaker of the House
may sign enrolled bills whether or not the House is in session.
The President of the Senate may sign bills only while the
Senate is actually sitting but advance permission is normally
granted to sign during a recess or after adjournment. If the
Speaker or the President of the Senate is unable to sign the
bill, it may be signed by an authorized Member of the
respective House. After both signatures are affixed, a House
bill is returned to the Committee on House Oversight for
presentation to the President for action under the
Constitution. A Senate bill is presented to the President by
the Secretary of the Senate.
XVIII. PRESIDENTIAL ACTION
Article I, Section 7, of the Constitution provides in part
that:
Every Bill which shall have passed the House of Representatives and
the Senate, shall, before it becomes a Law, be presented to the
President of the United States.
In actual practice, a clerk of the Committee on House
Oversight, or the Secretary of the Senate when the bill
originated in that body, delivers the original enrolled bill to
a clerk at the White House and obtains a receipt. The fact of
the delivery is then reported to the House by the chairman of
the committee. Delivery to a White House clerk has customarily
been regarded as presentation to the President and as
commencing the 10-day constitutional period for presidential
action.
Copies of the enrolled bill usually are transmitted by the
White House to the various departments interested in the
subject matter so that they may advise the President on the
issues surrounding the bill.
If the President approves the bill, he signs it and usually
writes the word ``approved'' and the date. However, the
Constitution requires only that the President sign it.
The bill may become law without the President's signature
by virtue of the constitutional provision that if the President
does not return a bill with objections within 10 days
(excluding Sundays) after it has been presented to the
President, it become law as if the President had signed it.
However, if Congress by their adjournment prevent its return,
it does not become law. The latter event is known as a ``pocket
veto''; that is, the bill does not become law even though the
President has not sent his objections to the Congress. The
Congress has interpreted the President's ability to pocket veto
a bill to be limited to final adjournment ``sine die'' of a
Congress and not to interim adjournments or first session
adjournments where the originating House of Congress through
its agents is able to receive a veto message for subsequent
reconsideration by that Congress when it reconvenes. The extent
of pocket veto authority has not been definitively decided by
the courts.
Notice of the signing of a bill by the President is sent by
message to the House in which it originated and that House
informs the other, although this action is not necessary for
the act to be valid. The action is also noted in the
Congressional Record.
A bill becomes law on the date of approval or passage over
the President's veto, unless it expressly provides a different
effective date.
veto message
By the terms of the Constitution, if the President does not
approve the bill ``he shall return it, with his Objections to
that House in which it shall have originated, who shall enter
the Objections at large on their Journal, and proceed to
reconsider it''. A bill returned with the President's
objections, need not be voted on at once when laid before the
House since the vetoed bill can be postponed, referred back to
committee, or tabled before the question on passage is pending.
A vetoed bill is always privileged until directly voted upon,
and a motion to take it from the table or from committee is in
order at any time.
Once the relevant Member moves the previous question on the
question of override, the question is then put by the Speaker
as follows: ``Will the House on reconsideration agree to pass
the bill, the objections of the President to the contrary
notwithstanding?''. Under the Constitution, a vote by the yeas
and nays is required to pass a bill over the President's veto.
The Clerk activates the electronic system or calls the roll
with those in favor of passing the bill answering ``Aye'', and
those opposed ``No''. Iffewer than two-thirds of the Members
present vote in the affirmative, a quorum being present, the bill is
rejected, and a message is sent to the Senate advising that body of the
House action. However, if two-thirds vote in the affirmative, the bill
is sent with the President's objections to the Senate, unless that body
has acted first, together with a message advising it of the action in
the House.
The procedure in the Senate is the same as a two-thirds
affirmative vote is also necessary to pass the bill over the
President's objections. If the Senate joins the House and votes
two-thirds in the affirmative to pass the bill, the measure
becomes the law of the land notwithstanding the objections of
the President, and it is ready for publication as a binding
statute.
line item veto
The Line Item Veto Act provides the President authority to
cancel certain individual items contained in a bill or joint
resolution that he has signed into law. The President may
cancel only three types of fiscal items: a dollar amount of
discretionary budget authority, an item of new direct spending,
and a tax change benefiting a class of 100 or fewer. The
cancellations must be received by the House and Senate within
five calendar days of the enactment of such a law and are
effective unless disapproved. The President submits a single
message to both Houses containing all the cancellations per
law. The Act also provides special expedited procedures by
which the House and Senate may consider a bill or joint
resolution disapproving a President's cancellation. Such a
``disapproval bill'' may be passed by a majority vote in the
House and Senate and presented to the President for his
signature or veto under the Constitution. If the disapproval
bill were vetoed by the President, the House and Senate could
override the veto by a two-thirds vote in each House in which
case the President's cancellations would be null and void. The
constitutionality of the Line Item Veto Act is the subject of
pending litigation at the time of publication of this edition.
XIX. PUBLICATION
One of the important steps in the enactment of a valid law
is the requirement that it shall be made known to the people
who are to be bound by it. There would be no justice if the
state were to hold its people responsible for their conduct
before it made known to them the unlawfulness of such behavior.
In practice, our laws are published immediately upon their
enactment so that the public will be aware of them.
If the President approves a bill, or allows it to become
law without signing it, the original enrolled bill is sent from
the White House to the Archivist of the United States for
publication. If a bill is passed by both Houses over the
objections of the President, the body that last overrides the
veto transmits it. It is then assigned a public law number, and
paginated for the Statutes at Large volume covering that
session of Congress. The public and private law numbers run in
sequence starting anew at the beginning of each Congress and
since 1957 are prefixed for ready identification by the number
of the Congress. For example, the first public law of the 105th
Congress is designated Public Law 105-1 and the first private
law of the 105th Congress is designated Private Law 105-1.
Subsequent laws of this Congress also will contain the same
prefix designator.
slip laws
The first official publication of the statute is in the
form generally known as the ``slip law''. In this form, each
law is published separately as an unbound pamphlet. The heading
indicates the public or private law number, the date of
approval, and the bill number. The heading of a slip law for a
public law also indicates the United States Statutes at Large
citation. If the statute has been passed over the veto of the
President, or has become law without the President's signature
because he did not return it with objections, an appropriate
statement is inserted instead of the usual notation of
approval.
The Office of the Federal Register, National Archives and
Records Administration prepares the slip laws and provides
marginal editorial notes giving the citations to laws mentioned
in the text and other explanatory details. The marginal notes
also give the United States Code classifications, enabling the
reader immediately to determine where the statute will appear
in the Code. Each slip law also includes an informative guide
to the legislative history of the law consisting of the
committee report number, the name of the committee in each
House, as well as the date of consideration and passage in each
House, with a reference to the Congressional Record by volume,
year, and date. A reference to presidential statements relating
to the approval of a bill or the veto of a bill when the veto
was overridden and the bill becomes law is included in the
legislative history as a citation to the Weekly Compilation of
Presidential Documents.
Copies of the slip laws are delivered to the document rooms
of both Houses where they are available to officials and the
public. They may also be obtained by annual subscription or
individual purchase from the Government Printing Office and are
available in electronic form for computer access. Section 113
of title 1 of the United States Code provides that slip laws
are competent evidence in all the federal and state courts,
tribunals, and public offices.
statutes at large
The United States Statutes at Large, prepared by the Office
of the Federal Register, National Archives and Records
Administration, provide a permanent collection of the laws of
each session of Congress in bound volumes. The latest volume
containing the laws of the first session of the 104th Congress
is number 109 in the series. Each volume contains a complete
index and a table of contents. From 1956 through 1976, each
volume contained a table of earlier laws affected. These tables
were cumulated for 1956-1970 and supplemented for 1971-1975 in
pamphlet form and discontinued in 1976. From 1963 through 1974,
each volume also contained a most useful table showing the
legislative history of each law in the volume. This latter
table was not included in subsequent volumes because the
legislative histories have appeared at the end of each law
since 1975. There are also extensive marginal notes referring
to laws in earlier volumes and to earlier and later matters in
the same volume.
Under the provisions of a statute originally enacted in
1895, these volumes are legal evidence of the laws contained in
them and will be accepted as proof of those laws in any court
in the United States.
The Statutes at Large are a chronological arrangement of
the laws exactly as they have been enacted. There is no attempt
to arrange the laws according to their subject matter or to
show the present status of an earlier law that has been amended
on one or more occasions. The code of laws serves that purpose.
united states code
The United States Code contains a consolidation and
codification of the general and permanent laws of the United
States arranged according to subject matter under 50 title
headings, in alphabetical order to a large degree. It sets out
the current status of the laws, as amended, without repeating
all the language of the amendatory acts except where necessary
for that purpose. The Code is declared to be prima facie
evidence of those laws. Its purpose is to present the laws in a
concise and usable form without requiring recourse to the many
volumes of the Statutes at Large containing the individual
amendments.
The Code is prepared by the Law Revision Counsel of the
House of Representatives. New editions are published every six
years and cumulative supplements are published after the
conclusion of each regular session of the Congress. The Code is
also available in electronic form for computer access.
Twenty-two of the 50 titles have been revised and enacted
into positive law, and two have been eliminated by
consolidation with other titles. Titles that have been revised
and enacted into positive law are legal evidence of the law and
the courts will receive them as proof of those laws. Eventually
all the titles will be revised and enacted into positive law.
At that point, they will be updated by direct amendment.
A P P E N D I X
SELECT LIST OF GOVERNMENT PUBLICATIONS
Constitution of the United States of America
Analysis and Interpretation, with annotations of cases decided by
the Supreme Court of the United States to June 29, 1992; prepared by
Congressional Research Service, Library of Congress, Johnny H. Killian,
George A. Costello, co-editors: Senate Document 103-6 (1996).
House Rules and Manual
Constitution, Jefferson's Manual, and Rules of the House of
Representatives of the United States, prepared by Charles W. Johnson,
Parliamentarian of the House, House Document 104-272 (1997). New
editions are published each Congress.
Senate Manual
Containing the rules, orders, laws, and resolutions affecting the
business of the United States Senate; Jefferson's Manual, Declaration
of Independence, Articles of Confederation, Constitution of the United
States, etc., prepared under the direction of Senate Committee on Rules
and Administration. New editions are published each Congress.
Hinds' and Cannon's Precedents of the House of Representatives
Including references to provisions of the Constitution, laws, and
decisions of the Senate, by Asher C. Hinds. Vols. 1-5 (1907).
Vols. 6-8 (1935), as compiled by Clarence Cannon, are supplementary
to vols. 1-5 and cover the 28-year period from 1907 to 1935, revised up
to and including the 73d Congress.
Vols. 9-11 (1941) are index-digest to vols. 1-8.
Deschler-Brown Precedents of the United States House of Representatives
Including references to provisions of the Constitution and laws,
and to decisions of the courts, covering the period from 1928 to date,
by Lewis Deschler, J.D., D.J., M.P.L., LL.D., Parliamentarian of the
House (1928-1974), Wm. Holmes Brown, Parliamentarian of the House
(1974-1994).
Vols. 1-13 have been published, additional volumes in preparation.
Cannon's Procedure in the House of Representatives
By Clarence Cannon, A.M., LL.B., LL.D., Member of Congress,
sometime Parliamentarian of the House, Speaker pro tempore, Chairman of
the Committee of the Whole, Chairman of the Committee on
Appropriations, etc.
House Practice, A Guide to the Rules, Precedents and Procedures of the
House
By Wm. Holmes Brown, Parliamentarian of the House (1974-1994)
Procedure in the U.S. House of Representatives, Fourth Edition (1982)
(1987 Supp.)
By Lewis Deschler, J.D., D.J., M.P.L., LL.D., Parliamentarian of
the House (1928-1974), and Wm. Holmes Brown, Parliamentarian of the
House (1974-1994).
Senate Procedure
By Floyd M. Riddick, Parliamentarian Emeritus of the Senate, Alan
S. Frumin, Parliamentarian of the Senate: Senate Document No. 101-28
(1992).
Calendars of the House of Representatives and History of Legislation
Published each day the House is in session; prepared under the
direction of the Clerk of the House of Representatives.
Committee Calendars
Published periodically by most of the standing committees of the
House of Representatives and Senate, containing the history of bills
and resolutions referred to the particular committee.
Digest of Public General Bills and Resolutions
A brief synopsis of public bills and resolutions, and changes made
therein during the legislative process; prepared by American Law
Division, Congressional Research Service, Library of Congress.
Congressional Record
Proceedings and debates of the House and Senate, published daily,
and bound with an index and history of bills and resolutions at the
conclusion of each session of the Congress. The record of debates prior
to 1874 was published in the Annals of Congress (1789-1824), The
Register of Debates (1824-1837), and the Congressional Globe (1833-
1873).
Journal of the House of Representatives
Official record of the proceedings of the House, published at the
conclusion of each session under the direction of the Clerk of the
House.
Journal of the United States Senate
Official record of the proceedings of the Senate, published at the
conclusion of each session under the direction of the Secretary of the
Senate.
United States Statutes at Large
Containing the laws and concurrent resolutions enacted, and
reorganization plans and proclamations promulgated during each session
of the Congress, published annually under the direction of the
Archivist of the United States by the Office of the Federal Register,
National Archives and Records Administration, Washington, D.C. 20408.
Supplemental volumes: Tables of Laws Affected, Volumes 70-84 (1956-
1970), Volumes 85-89 (1971-1975), containing tables of prior laws
amended, repealed, or patently affected by provisions of public laws
enacted during that period.
Additional parts, containing treaties and international agreements
other than treaties, published annually under the direction of the
Secretary of State until 1950.
United States Code
The general and permanent laws of the United States in force on the
day preceding the commencement of the session following the last
session the legislation of which is included: arranged in 50 titles;
prepared under the direction and supervision of the Law Revision
Counsel of the House of Representatives. New editions are published
every six years and cumulative supplements are published annually.
Federal Register
Presidential Proclamations, Executive Orders, and federal agency
orders, regulations, and notices, and general documents of public
applicability and legal effect, published daily. The regulations
therein amend the Code of Federal Regulations. Published by the Office
of the Federal Register, National Archives and Records Administration,
Washington, D.C. 20408.
Code of Federal Regulations
Cumulates in bound volumes the general and permanent rules and
regulations of Federal agencies published in the Federal Register,
including Presidential documents. Each volume of the Code is revised at
least once each calendar year and issued on a quarterly basis.
Published by the Office of the Federal Register, National Archives and
Records Administration, Washington, D.C. 20408.
Weekly Compilation of Presidential Documents
Containing statements, messages, and other presidential materials
released by the White House up to 5:00 p.m. Friday of each week,
published every Monday by the Office of the Federal Register, National
Archives and Records Administration, Washington, D.C. 20408.
History of the United States House of Representatives
Prepared by Congressional Research Service, Library of Congress,
House Document 103-324.
The Senate, 1789-1989, Addresses on the History of the United States
Senate, Vol. 1
By Senator Robert C. Byrd, Senate Document No. 100-20 (1988).
Historical Almanac of the United States Senate
By Senator Bob Dole, Senate Document No. 100-35 (1989).
<greek-d>