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  HOW OUR LAWS ARE MADE


Revised and Updated by Edward F. Willett, Jr., Esq.
Law Revision Counsel
United States House of Representatives

Presented by Mr. Brooks
November 20, 1989 - Ordered to be printed.


I.Introduction

II.The Congress

III.Sources of legislation

IV.Forms of Congressional action
Bills
Joint resolutions
Concurrent resolutions
Simple resolutions

V.Introduction and reference to committee

VI.Consideration by committee
Committee meetings
Public hearings
Business meetings
Committee action
Public inspection of results of rollcall vote in committee
Proxy voting
Points of order with respect to committee procedure
Broadcasting committee hearings and meetings

VII.Reported bills
Contents of reports
Inflationary impact and cost estimates in reports
Filing of reports
Availability of reports and hearings

VIII.Legislative review by standing committees

IX.Calendars
Union Calendar
House Calendar
Private Calendar
Consent Calendar
Calendar of Motions to Discharge Committees

X.Obtaining consideration of measures
Special resolutions
Consideration of measures made in order by previous
resolution
Motion to discharge committee
Motion to suspend the rules
Calendar Wednesday
District of Columbia business
Privileged matters

XI.Consideration
Committee of the Whole House
Second reading
The Committee "rises"
House action
Motions to recommit
Quorum calls and rollcalls
Voting
Electronic voting
Pairing of Members
System of lights and bells
Broadcasting live coverage of floor proceedings

XII.Congressional budget process

XIII.Engrossment and message to Senate

XIV.Senate action
Committee consideration
Chamber procedure

XV.Final action on amended bill
Request for a conference
Authority of conferees
Meetings and action of conferees
Conference reports
Custody of papers

XVI.Bill originating in Senate

XVII.Enrollment

XVIII.Presidential action
Veto message

XIX.Publication
Slip laws
Statutes at Large
United States Code




 HOW OUR LAWS ARE MADE

 I. INTRODUCTION

  This handbook is intended to provide a readable and
nontechnical outline of the background and the numerous steps
of our Federal lawmaking process from the origin of an idea
for a legislative proposal through its publication as a
statute. This is a matter about which every citizen should be
well informed so as to be able to understand the everyday
news reports and discussions concerning the work of Congress.

 It is hoped that this handbook will enable every citizen to
gain a greater understanding of the Federal legislative
process and its role as one of the bulwarks of our
representative system. One of the most practical safeguards
of the American democratic way of life is this legislative
process that, with its emphasis on the protection of the
minority, gives 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
legislative system. Open and full discussion provided for
under our Con stitution frequently results in the notable
improvement of a bill by amendment before it becomes law, or
the defeat of a bad  proposal.

 Because the large majority of laws originate in the House of
Representatives, this discussion will be directed principally
to 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--2 from each State,
irrespective of population or area--elected by the people in
conformity with the provisions of the 17th Amendment to the
Constitution. That 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 9
years, and, when elected, be a resident of the State for
which the Senator is chosen. The term of office is 6 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 so arranged that they do not terminate
at the same time. Of the 2 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 1989--the 101st Congress--the House of
Representatives is composed of 435 Members elected every 2
years from among the 50 States, apportioned to their total
populations. The permanent number of 435 was established
following the Thirteenth Decennial Census in 1910, as
directed in Article I, Section 2, of the Constitution, and
was increased temporarily to 437 for the 87th Congress, to
provide for one Representative each for Alaska and Hawaii. It
seems undesirable to make a considerable increase in the
number of Members, because a larger body, similar to the
British House of Commons, consisting of 650 members, would be
too unwieldy. The Constitution limits the number of
Representatives to not more than one for every 30,000 of
population, and, 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 said that the
variances among the districts were not unavoidable and,
therefore, were invalid. This is an interpretation of the
Court's earlier decision that "as nearly as is practicable
one man's vote in a Congressional election is to be worth as
much as another's".

 * Kirkpatrick v. Preisler, 394 U.S. 526 (1969).

 A law enacted in 1967 abolished all "at-large" elections
(that is, Representatives elected by the voters of the entire
State rather than in a Congressional district within the
State) except, of course, in States entitled to only one
Representative.

 A Representative must be at least 25 years of age, have been
a citizen of the United States for 7 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 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,
there is a Resident Commissioner from the Commonwealth of
Puerto Rico and Delegates from the District of Columbia,
American Samoa, Guam, and the Virgin Islands. The Resident
Commissioner and the Delegates have most of the prerogatives
of Representatives, with the important exception of 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 3d day of January, unless by law they
appoint a different day.

 A Congress lasts for 2 years, commencing in January of the
year following the biennial election of Members, and is
divided into 2 sessions.

 Unlike some other parliamentary bodies, both the Senate and
the House of Representatives have equal legislative functions
and powers (except that only the House of Representatives may
initiate revenue bills), and 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, which considers itself a
continuing body, operates under 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. Both Houses meet in joint session on the 6th
day of January, following a presidential election, to count
the electoral votes. If no candidate receives a majority of
the total electoral votes, the House of Representatives
chooses the President from among the 3 candidates having the
largest number of votes, and the Senate chooses the Vice
President from the 2 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.
First of these is, of course, the idea and draft conceived by
a Member. This may emanate from the election campaign during
which the Member had promised to introduce legislation on a
particular subject, if elected. The entire campaign may have
been based upon one or more such proposals. Or, through
experience after taking office the Member may have become
aware of the need for amendment or repeal of existing laws or
the enactment of a statute in an entirely new field.

 In addition, the Member's constituents--either as
individuals or by corporate activity such as citizen groups
or associations, bar associations, labor unions,
manufacturers' associations, and chambers of commerce--may
avail themselves of the right to petition, which is
guaranteed by the First Amendment to the Constitution, and
transmit their proposals to the Member. Many excellent laws
have originated in this way inasmuch as some of those
organizations, because of their vital concern with various
areas of legislation, have considerable knowledge regarding
the laws affecting their interests and have the services of
expert legislative draftsmen at their disposal for this
purpose. If favorably impressed by the idea, the Member may
introduce the proposal in the form in which it has been
submitted or may first redraft it. In all events, the Member
may consult with the Legislative Counsel of the House or the
Senate, as the case may be, to frame the ideas in suitable
legislative language and form for introduction.

 In modern times the "executive communication" has become a
prolific source of legislative proposals. This is usually in
the form of a 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 system 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 having jurisdiction of the subject
matter embraced in the proposal because a bill may be
introduced only by a Member of Congress. The Chairman of that
committee usually introduces the bill promptly either in the
form in which it was received or with changes the Chairman
considers necessary or desirable. This practice prevails 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. Otherwise, the message may be
considered by the committee or one of its subcommittees 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. This, 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 have staffs of 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
one of the Cabinet officers. The Administrative Procedure Act
and the Uniform Code of Military Justice are only 2 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. Bills to codify the laws relating to crimes and
criminal procedure, the judiciary and judicial procedure, the
armed forces, and other subjects, have each required several
years of preparation.


 IV. FORMS OF CONGRESSIONAL ACTION

  The work of Congress is initiated by the introduction of a
proposal in one of 4 principal forms. These are: the bill,
the joint resolution, the concurrent resolution, and the
simple resolution. By far the most customary form used in
both Houses is the bill. During the 100th Congress (1987
-1988), there were introduced in both Houses, 8,515 bills and
1,073 joint resolutions. Of this number 5,585 bills and 678
joint resolutions originated in the House of Representatives.

 For the sake of simplicity this discussion will be confined
generally to the procedure on a House of Representatives
bill, but a brief comment will be made about 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 for by the
Constitution. Article I, Section 7, of the Constitution,
provides that all bills for raising revenue shall originate
in the House of Representatives but the Senate may propose or
concur with amendments, as on other bills. General
appropriation bills also originate in the House of
Representatives.

 There are 2 types of bills--public and private. A public
bill is one that affects the public generally. A bill of a
private character, that is, a bill that affects an individual
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 by or against the
United States.

 Article I, Section 8, prescribes the matters concerning
which Congress may legislate, while Section 9 of the same
Article places certain limitations on Congressional action.

 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
supposed, "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 adjournment prevent its return with
objections. This is known as a "pocket veto".

 JOINT RESOLUTIONS

 Joint resolutions may originate either in the House of
Representatives or in the Senate--not, as may be supposed,
jointly in both Houses. There is little practical difference
between a bill and a joint resolution and, although the
latter are not as numerous as bills, the 2 forms are often
used indiscriminately. 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--with the
exception of 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
sent directly to the Archivist of the United States for
submission to the several States for ratification. It is not
presented to the President for approval.

 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, having been prescribed by statute in 1871.
It is frequently preceded by one or more "whereas" clauses
indicating the necessity for or the desirability of the joint
resolution.

 The term "joint" does not signify simultaneous introduction
and consideration in both Houses.

 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 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, these normally are not legislative in character but
are used merely for expressing facts, principles, opinions,
and purposes of the 2 Houses. They are not equivalent to a
bill and their use is narrowly limited within these bounds.

 The term "concurrent" 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. They are not presented to the President for action
as in the cases of bills and joint resolutions unless they
contain a proposition of legislation, and that, of course, is
not within their scope in their modern form.

 SIMPLE RESOLUTIONS

 A matter concerning the operation 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. They are considered only by the
body in which they were introduced and on adoption are
attested to by the Clerk of the House of Representatives or
the Secretary of the Senate, as the case may be, and are
published in the Congressional Record.


 V. INTRODUCTION AND REFERENCE TO COMMITTEE

  Any Member, the Resident Commissioner, and the Delegates in
the House of Representatives may introduce a bill at any time
while the House is actually sitting by simply placing it in
the "hopper" provided for the purpose at the side of the
Clerk's desk in the House Chamber. Permission is not required
to introduce the measure or to make a statement at the time
of introduction. Printed blank forms for use in typing the
original bill are supplied through the Clerk's office. The
name of the sponsor is endorsed on the bill. A public bill
may be sponsored by an unlimited number of Members. On
request, a Member may be added as a sponsor no later than the
day the bill is reported to the House. (For a discussion of
"Reported bills", see Part VII.) In addition, a Member listed
as a sponsor (other than the first sponsor) may have the
Member's name deleted as a sponsor no later than the day the
bill is reported to the House. To forestall the possibility
that a bill might be introduced in the House on behalf of a
Member without that Member's prior approval, the sponsoring
Member's signature must appear on the bill before it is
accepted for introduction. When there are multiple sponsors
of a bill, the signature must be that of the Member first
named thereon. In the Senate, unlimited multiple sponsorship
of a bill also 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 in
compliance with the suggestion of some other person.

 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 old
rule. The bill is assigned its legislative number by the
Clerk and referred to the appropriate committees by the
Speaker (the Member elected to be the Presiding Officer of
the House) with the assistance of the Parliamentarian. These
details appear in the daily 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 available shortly thereafter in the document rooms
of both Houses.

 One copy is sent to the office of the Chairman of the
committee to which it has been referred, for action by that
committee. The clerk of the committee enters it on the
committee's Legislative Calendar.

 Perhaps the most important phase of the Congressional
process is the action by committees. That is where the most
intensive consideration is given to the proposed measures and
where the people are given their opportunity to be heard.
Nevertheless, this phase where such a tremendous volume of
hard work is done by the Members is sometimes overlooked by
the public, particularly when complaining about delays in
enacting laws. There are, at present, 22 standing committees
in the House and 16 in the Senate, as well as several select
committees. In addition, there are several standing joint
committees of the 2 Houses.

 Each committee has jurisdiction over certain subject matters
of legislation and all measures affecting a particular area
of the law are referred to that committee that has
jurisdiction over it. For example, the Committee on the
Judiciary has jurisdiction over measures relating to judicial
proceedings (civil and criminal) generally, and 18 other
categories, of which Constitutional amendments, immigration
and naturalization, bankruptcy, revision and codification of
statutes, civil liberties, antitrust, patents, copyrights and
trademarks, are but a few. In all, the rules of the House and
of the Senate each provide for approximately 200 different
classifications of measures that are to be referred to
committees.

 Membership on the various committees is divided between the
2 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 one-half of the
Members on the Committee on Standards of Official Conduct are
from the majority party and one-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 caucus that nominated the Member for election to the
committee. If the Member ceases to be a Member of the caucus,
the Member automatically ceases to be a Member of the
standing committee.

 A Member may serve on more than one committee. However, the
rules of the caucus of the majority party in the House
provide that the Chairmen of certain committees may not serve
on another committee and that a Member may be Chairman of
only one subcommittee of a committee or select committee with
legislative jurisdiction, excepting 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 entirely of lawyers. Many
Members are nationally 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 committee, and usually the ranking
majority Member is 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.

 Most committees have 2 or more subcommittees that, in
addition to having general jurisdiction, specialize in the
consideration of particular classifications of bills. Each
standing committee of the House, except the Committee on the
Budget, that has more than 20 Members must establish at least
4 subcommittees.

 Each committee is provided with a professional and clerical
staff to assist it in the innumerable administrative details
and other problems involved in the consideration of bills.
For the standing committees, the professional staff
(consisting of not more than 18, 6 of whom may be selected by
the minority) is appointed on a permanent basis solely on the
basis of fitness to perform the duties of their respective
positions. The clerical staff (consisting of not more than
12, 4 of whom may be selected by the minority) is appointed
to handle correspondence and stenographic work for the
committee staff and the Chairman and ranking minority Member
on matters related to committee work. All staff appointments
are made by a majority vote of the committee 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 and the Committee on the Budget have special
authority under the rules of the House for appointment of
staff and assistants for the minority.

 Under certain conditions, a standing committee may appoint
consultants on a temporary or intermittent basis and also may
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

  The rules adopted by the caucus of the majority party in
the House provide that the Chairman of the committee to which
a bill has been referred must refer the bill to the
appropriate subcommittee within 2 weeks, unless a majority of
the Members of the majority party on the committee vote to
have the bill considered by the full committee. One of the
first actions taken is the transmittal of copies of the bill
to the departments and agencies concerned with the subject
matter and frequently 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. Ample time is
given for the submission of the reports and when received
they are accorded serious consideration but 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.

 COMMITTEE MEETINGS

 Standing committees are required to have regular meeting
days at least once a month, but the Chairman may 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, within 3 calendar days after the filing of
the request, to call the requested special meeting, to be
held within 7 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.

 With the exception of the Committees on Appropriations, on
the Budget, on Rules, on Standards of Official Conduct, on
Ways and Means, and on House Administration, committees may
not, without special permission, meet while the House is
reading a measure for amendment under the "five-minute rule".
(See first paragraph under heading "Second Reading" in Part
XI.) Special permission to meet will be given unless 10 or
more Members object. The rules of the House also 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 a recess up to the expiration of the
constitutional term.

 PUBLIC HEARINGS

 If the bill is of sufficient importance, and particularly if
it is controversial, the committee will usually set a date
for public hearings. Each committee (except 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
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 news papers and periodicals. Personal
notice, usually in the form of a letter, but possibly in the
form of a subpena, is sent frequently to individuals,
organizations, and Government departments and agencies that
are known to be interested.

 Each hearing by a committee and subcommittee 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 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 and on Armed Services and the Permanent Select
Committee on Intelligence, and subcommittees of those
committees, by the same procedure may vote to close up to 5
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.

 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 an official reporter
is present to record the testimony in favor of and against
the bill. The bill may be read in full at the opening of the
hearings and a copy is inserted in the record. 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 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
at the request or summons of the committee.

 Committees require, so far as practicable, that witnesses
who appear before it file with the committee, in advance of
their appearance, a written statement of their proposed
testimony and limit their oral presentations to a brief
summary of their arguments.

 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 5 minutes in the interrogation of
witnesses until each Member of the committee who desires to
question a witness has had an opportunity to do so.

 A typewritten transcript of the testimony taken at a public
hearing is made available for inspection in the office of the
clerk of the committee and 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 suggest that the
committee "table" it, that is, postpone action indefinitely.
Each Member of the subcommittee, regardless of party
affiliation, has one vote.

 All meetings for the transaction of business, including the
markup of legislation, of standing committees or
subcommittees 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.

 COMMITTEE ACTION

 At committee meetings reports on bills may be made by
subcommittees. Reports are fully discussed and amendments may
be offered. 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 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. Because tabling a bill
normally is effective in preventing action on it, adverse
reports to the House by the full committee ordinarily are not
made. On rare occasions, a committee may report a bill
without recommendation or unfavorably.

 Generally, a majority of the committee constitutes a quorum,
the number of Members who must be present in order for the
committee to act. This ensures adequate 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 2, 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 the subject of a
point of order--that is, an objection that the proceedings
are out of order--that is, that the required number of
Members is not present.

 PUBLIC INSPECTION OF RESULTS OF ROLLCALL VOTE IN COMMITTEE

 The result of each rollcall vote in any meeting of a
committee must be made available by that committee for
inspection by the public at reasonable times in the offices
of that committee. Information available for public
inspection includes (1) a description of each amendment,
motion, order, or other proposition, (2) the name of each
Member voting for and each Member voting against the
amendment, motion, order, or proposition, and whether by
proxy or in person, and (3) the names of those Members
present but not voting.

 With respect to each rollcall vote by a committee on a
motion to report a bill or resolution of a public character,
the total number of votes cast for, and the total number of
votes cast against, the reporting of the bill or resolution
must be included in the committee report.

 PROXY VOTING

 A vote by a Member of a committee with respect to a measure
or other matter may not be cast by proxy unless that
committee adopts a written rule that permits voting by proxy
and requires that the proxy authorization (1) be in writing,
(2) assert that the Member is absent on official business or
is otherwise unable to be present at the meeting of the
committee, (3) designate the person who is to execute the
proxy authorization, and (4) be limited to a specific measure
or matter and any amendments or motions pertaining to the
measure or matter. A Member may authorize a general proxy
only for motions to recess, adjourn or other procedural
matters. A proxy must be signed by the Member and must
contain the date and time of day that it is signed. A proxy
may not be counted for a quorum.

 POINTS OF ORDER WITH RESPECT TO COMMITTEE PROCEDURE

 A point of order 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 which reported the measure
if, in the committee, that point of order was (1) timely made
and (2) improperly overruled or not properly considered.

 BROADCASTING COMMITTEE HEARINGS AND MEETINGS

 It is permissible to cover open committee hearings and
meetings in the House by television, radio, and still
photography. This permission is granted under well defined
conditions as provided in the rules of the House. Similarly,
the rules of the Senate permit broadcasting of open hearings
of a Senate committee under such rules as the committee may
adopt.


 VII. REPORTED BILLS

  If the committee votes to report the bill favorably to the
House, one of the Members is designated to write 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 in
detail 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 usually are quoted in full.

 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 3
calendar days (excluding Saturdays, Sundays, and legal
holidays) in which to file those views with the clerk of the
committee and they must be included in the report on the
bill. Committee reports, with certain exceptions, must be
filed while the House actually is sitting unless unanimous
consent is obtained from the House to file at a later time.

 The report is assigned a report number when it is filed, and
it is delivered to the Government Printing Office for
printing during that night. Beginning with the 91st Congress,
in 1969, the report number contains a prefix-designator which
indicates the number of the Congress. For example, the first
House report in 1969 was numbered 91-1.

 The bill is reprinted when reported and 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 2 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. See Part
IX, "Calendars".

 Committee reports are perhaps the most valuable single
element of the legislative history of a law. They are used by
courts, executive departments and agencies, 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) the statement
required by the Congressional Budget Act of 1974, if the
measure provides new budget authority (other than continuing
appropriations), certain new spending authority, new credit
authority, or an increase or decrease in revenues or tax
expenditures, (3) the 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 Operations 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 of these items are set out separately and
clearly identified in the report. For a discussion of the
Congressional budget process, see Part XII.

 INFLATIONARY IMPACT AND COST ESTIMATES IN REPORTS

 In addition, each report of a committee on a bill or joint
resolution of a public character reported by the committee
must contain a detailed analytical statement as to whether
the enactment of the bill or joint resolution into law may
have an inflationary impact on prices and costs in the
operation of the national  economy.

 Each report also must contain 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 5 fiscal years thereafter or for the
duration of the program authorized if less than 5 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 Administration, on
Rules, and on Standards of Official Conduct are not required
to include cost estimates in their reports. In addition, the
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 immediately must notify the Chairman of the
committee of the filing of the request, and the report on the
measure must be filed within 7 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) on which
the report of that committee on that measure has been
available to the Members of the House. In addition, the
measure or matter may not be considered unless copies of the
report and the reported measure or matter have been available
to the Members for at least 3 calendar days (excluding
Saturdays, Sundays, and legal holidays during which the House
is not in session) before the beginning of consideration.
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. 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 3 calendar
days (excluding Saturdays, Sundays, and legal holidays).


 VIII. LEGISLATIVE REVIEW 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, futures 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.

 In addition, several of the standing committees have special
oversight responsibilities, the details of which are
contained in the rules of the House.


 IX. CALENDARS

  The House of Representatives has 5 calendars of business:
the Union Calendar, the House Calendar, the Private Calendar,
the Consent Calendar, and the Calendar of Motions to
Discharge Committees. The calendars, together with a listing
of all bills introduced and a history of all bills reported
out of committee in the current Congress, are printed each
day the House is in session to provide information on the
status of pending legislation.

 As soon as a public bill is favorably reported, it is
assigned a calendar number on either the Union Calendar or
the House Calendar, the 2 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 2 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.

 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.


 This is commonly known as the Union Calendar and the large
majority of public bills and resolutions are placed on it on
being reported to the House. 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.


 This is commonly known as the Private Calendar and all
private bills are placed on it on being reported to the
House. The Private Calendar is called on the first and third
Tuesdays of each month.  If objection is made by 2 or more
Members to the consideration of any measure called, it is
recommitted to the committee that reported it. As in the case
of the Consent Calendar (see below) there are 6 official
objectors, 3 on the majority side and 3 on the minority side,
who make a careful study of each bill or resolution on the
Private Calendar and who will object to a measure that does
not conform to the requirements for that calendar, thereby
preventing the passage without debate of nonmeritorious bills
and resolutions.

 CONSENT CALENDAR

 If a measure pending on either the House or Union Calendar
is of a noncontroversial nature, it may be placed on the
Consent Calendar. After a bill has been favorably reported
and is on either the House or Union Calendar, any Member may
file with the Clerk a notice that the Member desires the bill
placed on the Consent Calendar. On the first and third
Mondays of each month immediately after the reading of the
Journal, the Speaker directs the Clerk to call the bills in
numerical order (that is, in the order of their appearance on
that calendar) that have been on the Consent Calendar for 3
legislative days. If objection is made to the consideration
of any bill so called, it is carried over on the calendar
without prejudice to the next day when the Consent Calendar
is again called, and if then objected to by 3 or more Members
it is immediately stricken from the calendar and may not be
placed on the Consent Calendar again during that session of
Congress. If objection is not made and if the bill is not
"passed over" by request, it is passed by unanimous consent
without debate. Ordinarily, the only amendments considered
are those sponsored by the committee that reported the bill.

 To avoid the passage without debate of measures that may be
controversial or are sufficiently important or complex to
require full discussion, there are 6 official objectors--3 on
the majority side and 3 on the minority side--who make a
careful study of bills on the Consent Calendar. If a bill
involves the expenditure of more than a fixed maximum amount
of money or if it changes national policy or has other
aspects that any of the objectors believes demand explanation
and extended debate, it will be objected to and will not be
passed by unanimous consent. That action 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 Calendars.

 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 further discussion of
Motions to Discharge, see "Motion to Discharge Committee" in
Part X.


 X. OBTAINING CONSIDERATION OF MEASURES

  Obviously certain measures pending on the House and Union
Calendars are more important and urgent than others and it is
necessary to have a system permitting their consideration
ahead of those that do not require immediate action. Because
all measures are placed on those calendars in the order in
which they are reported to the House, the latest bill
reported would be the last to be taken up if the calendar
number alone were the determining factor.

 SPECIAL RESOLUTIONS

 To avoid delays and to provide some degree of selectivity in
the consideration of measures, it is possible to have them
taken up out of order by obtaining from the Committee on
Rules a special resolution or "rule" for their consideration.
That Committee, 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 appears before the Committee on Rules
accompanied by the sponsor of the measure and one or more
Members of the Chariman's committee in support of the request
for a resolution providing for its immediate consideration.
If the Committee on Rules is satisfied that the measure
should be taken up it will report a resolution reading
substantially as follows with respect to a bill on the Union
Calendar:

 Resolved, That upon the adoption of this resolution it shall
be in order to move 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.


 If the measure is on the House Calendar 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.
When it limits or prevents floor amendments, it is popularly
known as a "closed rule".

 CONSIDERATION OF MEASURES MADE IN ORDER BY PREVIOUS
RESOLUTION

 When a "rule" 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 7 legislative days thereafter, any Member of
the Committee on Rules may call it up as a question of
privilege (after having given one calendar day notice of the
Member's intention to do so) and the Speaker will recognize
any Member of the Committee seeking recognition for that
purpose. For a discussion of privileged questions, see the
matter under the heading "Privileged Matters" at the end of
this part.

 If, within 7 calendar days after a measure has, by
resolution, been made in order for consideration by the
House, 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 or "rule" has
not been obtained. 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 either a special order of business, or a special
rule for the consideration of a public bill or resolution
favorably 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 days or more without
action. This motion may be made only when the resolution,
from which it is moved to discharge the Committee on Rules,
has been referred to that committee at least 7 days prior to
the filing of the motion to discharge. The motion is placed
in the custody of the Clerk, who arranges some convenient
place for the signature of Members. When a majority of the
total membership of the House have signed the motion, it is
entered on the Journal, printed with 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 6 days of a session, a Member who has signed
a motion to discharge, that has been on the calendar at least
7 days, may seek recognition and be recognized for the
purpose of calling up the motion. The bill or resolution is
then read by title only. After 20 minutes' debate, one-half
in favor of the proposition and one-half in opposition, the
House proceeds to vote on the motion to discharge.

 If the motion to discharge the Committee on Rules from a
resolution pending before the Committee prevails, the House
immediately votes on the adoption of that resolution.

 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 immediately under 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 6
days of a session, the Speaker may entertain a motion to
suspend the rules of the House and pass a bill or resolution.
Arrangement must be made in advance with the Speaker to
recognize the Member who wishes to offer the motion. Before
being considered by the House, the motion must be seconded by
a majority of the Members present, by teller vote, if
demanded. However, a second is not required on a motion to
suspend the rules when printed copies of the proposed bill or
resolution have been available for one legislative day before
the motion is considered. The motion to suspend the rules and
pass the bill is then debated for 40 minutes, one-half by
those in favor of the proposition and one-half by those
opposed. The motion may not be amended and if amendments to
the bill are proposed they must be included in the motion
when it is made. The rules may be suspended and the bill
passed only by affirmative vote of two-thirds of the Members
voting, a quorum being present.

 The Speaker may postpone all recorded and yea-nay votes on
motions to suspend the rules and pass bills and resolutions
until the end of that legislative day or the next 2
legislative days. At that time the House disposes of the
deferred votes consecutively without further debate. After
the first deferred vote is taken, the Speaker may reduce to
not less than 5 minutes the time period for subsequent
deferred votes. If the House adjourns before completing
action on one or more deferred votes, these must be the first
order of business on the next legislative day. By eliminating
intermittent recorded votes on suspensions, this procedure
reduces interruptions of committee meetings and also reduces
the time Members spend on suspension days going back and
forth between the floor and their committee rooms or offices.

 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. Not more than 2 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.

 DISTRICT OF COLUMBIA BUSINESS

 The second and fourth Mondays in 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, are set aside, when claimed by the
Committee on the District of Columbia, for the consideration
of any business that is presented by that Committee.

 PRIVILEGED MATTERS

 Under the rules of the House certain matters are regarded as
privileged matters and may interrupt the order of business,
for example, reports from the Committee on Rules and reports
from the Committee on Appropriations on the general
appropriation bills.

 At any time after the reading of the Journal, a Member, by
direction of the appropriate committee, 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 bills
raising revenues, or general appropriation bills. General
appropriation bills may not be considered in the House until
3 calendar days (excluding Saturdays, Sundays, and legal
holidays) after printed committee reports and hearings on
them have been available to the Members. The limit on general
debate is generally fixed by unanimous consent.

 Other examples of privileged matters are conference reports,
certain amendments to measures by the Senate, veto messages
from the President of the United States, and resolutions
privileged pursuant to 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 and will not
be taken by surprise.


 XI. CONSIDERATION

  Our democratic tradition demands that bills be given
consideration by the entire membership 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 usage that enables the House to act with a
quorum of less than the requisite majority of 218. The House
resolves itself into the Committee of the Whole House on the
State of the Union (a quorum of which consists of 100
Members) to consider a measure. All measures on the Union
Calendar--involving a tax, making appropriations, or
authorizing payments out of appropriations already made--must
be first considered in the Committee of the Whole.

 The Committee on Rules reports a special resolution or
"rule" allowing for immediate consideration of a measure by
the Committee of the Whole. After adoption of the resolution
by the House, the House votes on a motion to resolve itself
into the Committee of the Whole or, in certain situations,
the Speaker declares the House resolved into the Committee of
the Whole without intervening motion. When the House resolves
into the Committee of the Whole, the Speaker leaves the chair
after appointing a Chairman to preside.

 The special resolution or "rule" 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--usually between the Chairman and the ranking
minority Member of the committee that reported the measure.
Members seeking to speak for or against the measure usually
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. Others may 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 extend the Member's remarks in the Congressional
Record if sufficient time to make a lengthy oral statement is
not available during actual debate.

 The conduct of the debate is governed principally by the
rules of the House that are adopted at the opening of each
Congress. Another recognized authority is Jefferson's Manual
that was prepared by Thomas Jefferson for his own guidance as
President of the Senate from 1797 to 1801. The House, in
1837, adopted a rule that still stands, providing that the
provisions of Jefferson's Manual should govern the House in
all cases to which they are applicable and in which they are
not inconsistent with the rules and orders of the House. In
addition, there is a most valuable compilation of precedents
up to the year 1935 set out in Hinds' Precedents and Cannon's
Precedents of the House of Representatives, consisting of 11
volumes, to guide the action of the House. A later
compilation, Deschler's Precedents of the House of
Representatives, covers years 1936 to date. Summaries of the
House precedents prior to 1959 can be found in a single
volume entitled Cannon's Procedure in the House of
Representatives. A later volume, Procedure in the U.S. House
of Representatives, fourth edition, as supplemented, is a
compilation of the parliamentary precedents of the House, in
summary form, together with other useful related material,
from 1959 to date. Also, various rulings of the Speaker since
1931 are set out as notes to the current House Rules and
Manual. Most parliamentary questions arising during the
course of debate are susceptible of ruling backed up by a
precedent of action in a similar situation. The
Parliamentarian of the House is present in the House Chamber
in order to assist the Chairman or the Speaker in making a
correct ruling on parliamentary questions.

 SECOND READING

 During the general debate an accurate account is kept of the
time used on both sides and when all the time allowed under
the rule has been consumed the Chairman terminates the
debate. Then begins the "second reading of the bill", section
by section, at which time amendments may be offered to a
section when it is read. A Member is permitted 5 minutes to
explain the proposed amendment, after which the Member who is
first recognized by the Chair is allowed to speak for 5
minutes in opposition to it; there is no further debate on
that amendment, thereby effectively preventing any attempt at
filibuster tactics. This is known as the "five-minute rule".
There is, how ever, a device whereby a Member may offer a pro
forma amendment--"to strike out the last word"--without
intending any change in the language, and be allowed 5
minutes for debate, thus permitting a somewhat more
comprehensive debate. Each amendment is put to the Committee
of the Whole for adoption. Generally, a pro forma amendment
is withdrawn. However, in the absence of being withdrawn, it
must be voted on.

 At any time after a debate is begun under the five-minute
rule, on proposed amendments to a section or paragraph of a
bill, 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 5
minutes in which to explain the amendment, after which the
first person to obtain the floor has 5 minutes to speak in
opposition to it, and there is no further debate on that
proposed amendment. However, time for debate is not allowed
when the offering of the amendment is dilatory. Material
placed in the Congressional Record must indicate the full
text of the proposed amendment, the name of the proponent
Member, 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, and must appear in a
portion of the Record designated for that purpose.

 When an amendment is offered, while the House is meeting in
the Committee of the Whole, the Clerk is required to transmit
5 copies of the amendment to the majority committee table, 5
copies to the minority committee table, and at least one copy
each to the majority and minority cloak rooms.

 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 is cut off by moving "the previous question". If this
motion is carried by a majority of the Members voting, a
quorum being present, all debate is cut off on the bill on
which the previous question has been ordered. 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 or "rule" 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 sequence in which they were reported. After completion of
voting on the amendments, the House immediately votes on the
passage of the bill with the amendments it has adopted.

 In those cases where the previous question has not been
ordered, the House may engage in debate lasting one hour, at
the conclusion of which the previous question is ordered and
the House votes on the passage of the bill. During the debate
it is in order to offer amendments to the bill or to the
Committee amendments.

 The Speaker may postpone a vote on final passage of a bill
or resolution or agreement to a conference report. A vote may
be postponed for up to 2 legislative days.

 Measures that do not have to be considered in the Committee
of the Whole are considered in the House in the first
instance under the hour rule or in accordance with the terms
of the special resolution limiting debate on the measure.

 After passage of the bill by the House, a pro forma motion
to reconsider it is automatically made and laid on the table-
-that is, action is postponed indefinitely--to forestall this
motion 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.

 MOTIONS TO RECOMMIT

 After the previous question has been ordered on the passage
of a bill or joint resolution, it is in order to make 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 Member who is opposed to
the bill or joint resolution. This motion is normally not
subject to debate. However, with respect to a motion to
recommit with instructions after the previous question has
been ordered, it is in order to debate the motion for 10
minutes before the vote is taken, 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.

 QUORUM CALLS AND ROLLCALLS

 In order to speed up and expedite quorum calls and
rollcalls, the rules of the House provide alternative methods
for pursuing these procedures.

 In the absence of a quorum, 15 Members, including the
Speaker, if there is one, are authorized to compel the
attendance of absent Members. Such a call of the House is
ordered by a majority vote, and a minority of 15 or more
favoring a call is not sufficient. A call of the House is
then ordered, and the Speaker is required to have the call
taken by electronic device. However, the Speaker instead may
name one or more clerks "to tell" the Members who are
present. In that case the names of those present are recorded
by the clerks, and entered in the Journal of the House and
absent Members have not less than 15 minutes from the
ordering of the call of the House to have their presence
recorded. If sufficient excuse is not offered for their
absence, by order of a majority of those present, they may be
sent for by officers appointed by the Sergeant-at-Arms for
that purpose, 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 they must report their names to the Clerk to be
entered on the Journal as present. However, the former
practice of presenting Members at the Bar of the House,
during a call, is now obsolete, and Members now report to the
Clerk and are recorded without being formally excused unless
brought in under compulsion.

 Whenever a quorum fails to vote on any question, and 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 unless the Speaker orders
the call in the manner described in the preceding paragraph,
and the Sergeant-at-Arms proceeds to 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 calls the roll and each Member who is
present may vote on the pending question as the Member
answers the roll. After the rollcall is completed, each
Member, whose attendance was secured, is brought before the
House by the Sergeant-at-Arms, where the Member's presence is
noted. The Member then is given an opportunity to vote. 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. Further proceedings under the call
are considered as dispensed with. At any time after the
rollcall has been completed, the Speaker may entertain a
motion to adjourn, if seconded by a majority of those present
as ascertained by actual count by the Speaker; and if the
House adjourns, all quorum call proceedings are vacated.

 The rules prohibit points 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, (4) in
connection with motions incidental to a call of the House,
and (5) against a vote in which the Committee of the Whole
agrees to rise (but an appropriate point of no quorum would
be permitted against a vote defeating a motion to rise). 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 prohibit points of no quorum when a motion or
proposition is pending in the House unless the Speaker has
put the motion or proposition to a vote. However, the Speaker
has the discretion to recognize a Member of the Speaker's
choice to move a call of the House.

 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 by naming clerks "to tell" the Members
as described above. However, the Chairman may refuse to
entertain a point of order that a quorum is not present
during general debate. If on a call a quorum 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
determining that a bare or minimum quorum has been reached,
that is, 100 or more Members. Under such a short quorum call
the Committee will not rise, and therefore Members' names
will not be published. Once the presence of 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.

 VOTING

 There are 4 methods of voting in the Committee of the Whole,
that are also employed, together with an additional method,
in the House. These are the voice vote (viva voce), the
division, the teller vote, the recorded vote, and the yea-
and-nay vote that is used only in the House. If a Member
objects to the vote on the ground that a quorum is not
present in the House, there may be an automatic rollcall
vote.

 To obtain a voice vote the Chair states "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 the
basis 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. The Chair then states that a
division has been demanded and says "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 a demand for a teller vote is supported by one-fifth of a
quorum (20 in the Committee of the Whole, and 44 in the
House), the Chair appoints one or more tellers from each side
and directs the Members in favor of the proposition to pass
between the tellers and be counted. After counting, a teller
announces the number in the affirmative, and the Chair then
directs the Members opposed to pass between the tellers and
be counted. When the count is stated by a teller, the Chair
announces the result.

 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, unless the Speaker orders clerks "to
tell", that is, record the names of those voting on each side
of the question. After the recorded vote is concluded, the
names of those voting together with those not voting are
entered in the Journal. Members usually have 15 minutes to be
counted from the time the recorded vote is ordered or the
ordering of the clerks "to tell" the vote. The Speaker may
reduce the period for voting to 5 minutes in certain
situations.

 In addition to the foregoing methods of voting, 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 assent of one-fifth of the Members present
(as distinguished from one-fifth of a quorum in the case of a
demand for tellers) 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 directs
that as many as are in favor of the proposition will, as
their names are called, answer "Aye"; as many as are opposed
will answer "No". The Clerk calls the roll and reports the
result to the Speaker who announces it to the House. The
Speaker is not required to vote unless the Speaker's vote
would be decisive.

 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, and in emergency situations, such as, 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 4 indicators, marked
"yea", "nay", "present", and "open". The "open" indicator is
used only when a vote period is in progress and the system is
ready to accept votes. Each Member is provided with a
personalized Vote 09ID Card. A Member votes by inserting the
voting card into any one of the vote stations and depressing
the appropriate push button to indicate the Member's choice.
The machine records the votes and reports the result when the
vote is completed. In the event the Member is without a Vote
09ID Card, the Member may still vote by handing a paper
ballot to the Tally Clerk, who may then record 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".

 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, actually is present at the time of
voting. The Member then votes as if not paired, and
subsequently withdraws that vote and asks to be marked
"present" to protect the other Member. This is known as a
"live pair". If the absence is to continue for several days
during which a number of different questions are to be voted
upon the Member may arrange a "general pair". A general pair
does not indicate how the Member would have voted on the
question, but merely that the paired Members would not have
been on the same side of the question.

 Pairs are not counted in determining the vote on the
question, but, rather, provide an opportunity for absent
Members to express formally how they would have voted had
they been present. Pairs are announced by the Clerk of the
House and are listed in the Congressional Record immediately
after the names of those Members not voting on the question.

 SYSTEM OF LIGHTS AND BELLS

 Because of the large number and the diversity 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 actually sitting. 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 of the 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 ring and 1 light on the left--Teller vote.

 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 5 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--Recorded vote, yea-and-nay
vote or automatic rollcall vote by electronic device or by
tellers with ballot cards. The bells are repeated 5 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. 2 bells
are repeated 5 minutes after the first ring. The first vote
will take 15 minutes with successive votes at intervals of
not less than 5 minutes. Each successive vote is signaled by
5 rings.

 3 rings and 3 lights on the left--Regular quorum call in
either the House or in the Committee of the Whole by
electronic device or by clerks. The bells are repeated 5
minutes after the first ring.

 3 rings followed by a pause and then 3 more rings--Regular
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.

 BROADCASTING 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. Likewise, the rules of the
Senate 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
l974 provides Congress with a procedure for establishing
appropriate budget and revenue levels for each year.
Essentially, the Congressional budget process involves
"concurrent resolutions on the budget" that are passed each
year.  These resolutions are designed to coordinate the
revenue and spending decisions that the various legislative
committees of Congress make in acting on measures within
their respective jusrisdictions in order to provide fiscal
discipline for Congress.

 Congress must complete action on a concurrent resolution on
the budget for the next fiscal year by April 15. This
resolution sets levels of new budget authority and spending,
revenue, and debt levels. However, Congress may adopt a later
budget resolution that revises or reaffirms the most recently
adopted budget resolution.

 One of the mechanisms Congress uses to enforce projected
budget authority and spending, revenue, and debt levels is
called the reconciliation process. Under reconciliation,
Congress in a budget resolution directs one or more of the
legislative committees to determine and recommend changes in
laws or bills that will achieve the levels set by the budget
resolution. The directions to the committees specify the
total amounts that must be changed but leaves to the
discretion of the committees the changes that must be made to
achieve the required levels.

 If only one committee has been directed to recommend
changes, that committee reports its reconciliation
legislation directly to the floor for consideration by the
whole House. How ever, if more than one committee has been
directed to make changes, the committees report the
recommended changes to the Committee on the Budget. The
Committee then reports an omnibus reconciliation bill to the
floor for consideration by the whole House. The Committee may
not change the reconciliation legislation substantively.

 When changes are to be made in legislation that already has
been enacted or enrolled (for an explanation of enrollment,
see Part XVII), the vehicle used is a reconciliation bill
that is enacted in the same manner as any other bill.
However, if changes are to be made in bills or resolutions
that have not been enrolled yet, Congress enacts the changes
in a concurrent resolution not requiring approval of the
President. The concurrent resolution directs the Clerk of the
House or the Secretary of the Senate to make the necessary
changes in the bill or resolution as directed by the
reconciliation resolution. Congress must complete action on a
reconciliation bill or resolution by June 15 of each year.

 Generally, after Congress has completed action on a
concurrent resolution on the budget for a fiscal year, it is
not in order to consider legislation that does not conform to
the budget authority and spending, revenue, and debt levels
set for that fiscal year.

 In 1985, Congress enacted legislation establishing a
procedure to gradually reduce the Federal deficit to zero.
The current target date for a zero deficit is 1993. Under the
new procedure, if the estimated deficit for a fiscal year
exceeds the statutory level for that year, across-the-board
cuts in the Federal budget (with certain exceptions) would go
into effect automatically pursuant to order of the President.


 XIII. ENGROSSMENT AND MESSAGE TO SENATE

  The preparation of a copy of the bill in the form in which
it has passed the House is sometimes 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, 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. Some of the amendments offered from the floor are
written in longhand and others are typewritten. Each
amendment must be inserted in precisely the proper place in
the bill, with the spelling and punctuation exactly the same
as it was adopted by the House. Obviously, 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.

 There is an enrolling clerk in each House. 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
measureceases 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 a
certificate that it passed the House of Representatives is
signed by the Clerk of the House. The engrossed bill is
delivered by a reading clerk to the Senate, while that body
is actually sitting, in a rather formal ceremonious manner
befitting the dignity of both Houses. The reading clerk is
escorted into the Chamber by the Secretary or another officer
of the Senate and on being recognized by the Presiding
Officer of the Senate states that the House has passed the
bill, giving its number and title, and requests the
concurrence of the Senate.


 XIV. SENATE ACTION

  The Presiding Officer 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 kind of detailed
consideration as it received in the House, and may report it
with or without amendment or "table" it. 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 the measure, of
an intention to file supplemental, minority or additional
views, in which event those views may be filed within 3 days
with the clerk of the committee and they 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 the name 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. Any Senator may enter a motion to discharge a committee
from further consideration of a bill that it has failed to
report after what is deemed to be a reasonable time. If the
motion is agreed to by a majority vote, the committee is
discharged and the bill is placed on the Calendar of Business
under the rules of the Senate.

 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
Senator who is making the report 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 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 2 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, by a motion to proceed to the
consideration of a measure, or by a motion to consider 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 is only one Calendar of Business in
the Senate, there being no differentiation, as there is in
the House, between (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 5 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 obtaining recognition may
move to take up any bill out of its regular order on the
calendar. Usually, this is the majority leader. 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 un finished 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 majority policy committee of the
Senate and the minority leadership, determines the time at
which the bill will be called up for debate. 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. How ever, 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 without debate on the second
day after the day it is filed. This procedure is called
"invoking cloture". In 1986, the Senate amended its rules to
limit "post-cloture" debate 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 certain amendments 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. Under the rules, a
"rider" (an amendment proposing substantive legislation to an
appropriation bill) is prohibited, but 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 on the measure must be germane during the
first 3 hours after the morning hour 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 usually by title
only, although if demanded, it must be read in full. The
Presiding Officer then puts the question on the passage and a
voice vote (viva voce) 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
2 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
Senate Document No. 97-20 of the 97th Congress, second
session, Enactment of a Law, by Robert B. Dove, then
Parliamentarian of the Senate.


 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. 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. Lacking
unanimous consent, 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.

 REQUEST FOR A CONFERENCE

 If, however, the amendments are substantial or controversial
the Member may request unanimous consent to take the bill
with the Senate amendments from the Speaker's table, disagree
to the amendments and request a conference with the Senate to
resolve the disagreeing votes of the 2 Houses. If there is
objection it becomes necessary to obtain a special resolution
from the Committee on Rules. However, the Speaker may
recognize a Member for a motion, authorized by the committee
having jurisdiction over the subject matter of the bill, to
disagree to the amendments and ask for a conference. If there
is no objection to the request, or if the motion is carried,
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 name 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. 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. 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 repre sented.

 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 also. The
Senate and House committees need not be the same size.

 The conference committee is sometimes popularly referred to
as the "Third House of Congress".

 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 several days' 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 one asking for the
conference acts last on the report to be submitted by the
conferees.

 AUTHORITY OF CONFEREES

 Although the managers on the part of each House meet
together as one committee they are in effect 2 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 2 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 the differences
between the 2 Houses. Where the Senate amendment revises a
figure or an amount contained in the bill, the conferees are
limited to the difference between the 2 numbers and may not
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 it is in
order for the managers on the part of the House to propose a
substitute which is 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 does not constitute a germane
modification of the matter in disagreement. Moreover, their
report may not include matter not committed to the conference
committee by either House, nor may their report 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.

 An amendment by the Senate to a general appropriation bill
which would be in violation of the rules of the House, if the
amendment had originated in the House, 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, unless a specific
authority to agree to such an amendment is given first by the
House 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 referred to in the preceding
sentence. If the point of order is sustained, the conference
report is considered rejected by the House and a new
conference is  requested.

 There are generally 4 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.

 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, of
course, be comprised of any one or more of these
recommendations with respect to the various amendments.
Occasionally, the conferees find themselves 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 may then be acted upon
separately. This partial disagreement is, of course, not
practicable where the Senate strikes out all after the
enacting clause and substitutes its own bill which 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 instruct
the conferees as to the position they are to take.

 After House conferees on any bill or resolution in
conference between the 2 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. Further, during the last 6 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 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
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; namely, the body that had agreed to
the conference requested by the other.

 In the Senate, the presentation of the report always is in
order except when the Journal is being read or 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. If the Senate, acting first,
does not agree to the report it 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 go beyond
the differences between the 2 Houses is subject to a point of
order in its entirety. Any change in the text as agreed to by
both Houses renders the report subject to the point of order
and the matter is before the House de novo.

 The presentation of the 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.

 It is, however, 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 2 Houses, by a
conference report, that the conferees have been unable to
agree, until the third calendar day (excluding Saturdays,
Sundays, and legal holidays) after the report and
accompanying statement have been filed in the House, and
consideration then is in order only if the report and
accompanying statement have been printed in the edition of
the Congressional Record for the day on which the report and
statement have been filed. However, these provisions do not
apply during the last 6 days of the session. Nor is it 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 2 hours before the beginning of
consideration. However, it is always in order to call up for
consideration a report from the Committee on Rules 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 2
hours before the beginning of consideration. The time
allotted for debate on a conference report or such an
amendment is divided equally 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
because the Senate conferees are discharged when the Senate
agrees to the report.

 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 a Senate amendment to that 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 agreed to by the
conference committee, it is in order, at any time after the
reading of the report is completed or dispensed with and
before the reading of the statement, to make a point of order
that nongermane matter, which must be specified in the point
of order, is contained in the report. It is also in order to
make a point of order to nongermane Senate matter in the
conference report that originally appeared in the Senate bill
but was not included in the House-passed version. If the
point of order is sustained, it is then in order for the
Chair to entertain a motion, that is of high privilege, that
the House reject the nongermane matter covered by the point
of order. It is in order to debate the motion 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 as 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
with respect to nongermane Senate matter that originally
appeared in the Senate bill but was not included in the
House-passed version. If all motions to reject are defeated,
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 amendments of the Senate 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 conference with respect to them. If the House does not
accept the amendments insisted on by the Senate the entire
conference process begins again with respect to them.

 CUSTODY OF PAPERS

 The custody of the original official papers is important in
conference procedure because either body may act only when in
possession of the papers. As indicated above the request for
a conference may be made only by the body in possession. The
papers are then transmitted to the body agreeing to the
conference and by it 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 latter 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.

 Each group of conferees, at the conclusion of the
conference, 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 signed first by the House managers
and the Senate copy signed first by its managers.

 Obviously a bill cannot become a law of the land until it
has been approved in identical terms by both Houses of the
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. 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. (See Part XVII.) 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.


 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 there have
been upward of 500 amendments, particularly after a
conference, 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, with a
certificate on the reverse side of the last page, to be
signed by the Clerk of the House stating that the bill
originated in the House of Representatives (or by the
Secretary of the Senate when the bill has originated in that
body). It is examined for accuracy by the Committee on House
Administration (or by the Secretary of the Senate when the
bill originated in that body). 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
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 unless
advance permission is 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 the
authorized presiding officer of the respective House. After
both signatures are affixed the bill is returned to the
Committee for the purpose of being presented to the President
for action under the Constitution.


 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
Administration (or the Secretary of the Senate when the bill
originated in that body) delivers the original enrolled bill
to an employee at the White House and obtains a receipt, and
the fact of the delivery is then reported to the House by the
Chairman of the Committee. Delivery to a White House employee
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 who, of
course, cannot be personally familiar with every item in
every bill.

 If the President approves the bill, he signs it and usually
writes the word "approved" and the date, although the
Constitution requires only that the President sign it.

 The Supreme Court has stated that undoubtedly the President
when approving bills may be said to participate in the
enactment of laws, which the Constitution requires the
President to execute.

 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 shall be a law in like manner 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 what 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.

 Notice of the signing of a bill by the President is sent
usually by message to the House in which it originated and
that House informs the other, although this action is not
necessary to the validity of the act. 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". It is the usual but not invariable rule that
a bill returned with the President's objections, must be
voted on at once and when laid before the House the question
on the passage is considered as pending. A vetoed bill is
always privileged, and a motion to take it from the table is
in order at any time.

 The Member in charge moves the previous question which is
put by the Speaker, as follows: "The question is, Will the
House on reconsideration agree to pass the bill, the
objections of the President to the contrary
notwithstanding?". The Clerk calls the roll and those in
favor of passing the bill answer "Aye", and those opposed
"No". If fewer than two-thirds of the Members present
(constituting a quorum) vote in the affirmative the bill is
killed, and a message is usually sent to the Senate advising
that body of the decision that the bill shall not pass. If,
however, two-thirds vote in the affirmative, the bill is sent
with the President's objections to the Senate together with a
message advising it of the action in the House.

 There is a similar procedure in the Senate where again a
two-thirds affirmative vote is necessary to pass the bill
over the President's objections. If then passed by the Senate
the measure becomes the law of the land notwithstanding the
objections of the President, and it is ready for publication
as a binding statute.


 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. Obviously, 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. That idea is implicit in the Constitutional
prohibition against enacting ex post facto laws. In practice,
our laws are published immediately upon their enactment so
that they may be known to the people.

 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 likewise transmits it. There it is 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--that is, the
first public law of the 101st Congress is designated Public
Law 101-1 and the first private law of the 101st Congress is
designated Private Law 101-1. 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 in lieu of the usual
notation of approval.

 The Office of the Federal Register, National Archives and
Records Administration, which prepares the slip laws,
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, thus 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 in the form of 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 become available to officials and
the public. They may also be obtained by annual subscription
or individual purchase from the Superintendent of Documents,
U.S. Government Printing Office.

 Section 113 of title 1 of the United States Code provides
that slip laws are competent evidence in all the courts,
tribunals and public offices of the United States, and of the
several States.

 STATUTES AT LARGE

 For the purpose of providing a permanent collection of the
laws of each session of Congress, the bound volumes (which
are called the United States Statutes at Large) are prepared
by the Office of the Federal Register, National Archives and
Records Administration. When the latest volume containing the
laws of the first session of the 101st Congress becomes
available it will be No. 103 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, beginning in 1975, the
legislative histories have appeared at the end of each law.
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. That is the function of a
code of laws.

 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 and 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 6
years and cumulative supplements are published after the
conclusion of each regular session of the Congress.

 Twenty-two of the 50 titles have been revised and enacted
into positive law, and 2 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, and thereafter they will be kept up to
date by direct amendment.

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