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HOW OUR LAWS ARE MADE

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 Constitution 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--

Presidential approval; or

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

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 subpoena, 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 Chairman'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 measure ceases technically to
be called a bill and is termed "an act" signifying that it is the act of
one body of the Congress, although it is still popularly referred to as
a  bill. The engrossed bill is printed on blue paper and 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 unfinished
business of the day. At that point consideration of the bill is
discontinued and the measure reverts back to the Calendar of Business
and may again be called up at another time under the same conditions.

When a bill has been objected to and passed over on the call of the
calendar it is not necessarily lost. The majority leader, after
consulting the 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 represented.

If the Senate agrees to the request for a conference, a similar
committee is appointed by unanimous consent by the Presiding Officer of
the Senate. Both political parties may be represented on the Senate
conference committee 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.