HOW OUR LAWS ARE MADE


Revised and Updated by Edward F. Willett, Jr., Esq.
Law Revision Counsel
United States House of Representatives

Presented by Mr. Brooks
November 20, 1989 - Ordered to be printed.


I.Introduction

II.The Congress

III.Sources of legislation

IV.Forms of Congressional action
Bills
Joint resolutions
Concurrent resolutions
Simple resolutions

V.Introduction and reference to committee

VI.Consideration by committee
Committee meetings
Public hearings
Business meetings
Committee action
Public inspection of results of rollcall vote in committee
Proxy voting
Points of order with respect to committee procedure
Broadcasting committee hearings and meetings

VII.Reported bills
Contents of reports
Inflationary impact and cost estimates in reports
Filing of reports
Availability of reports and hearings

VIII.Legislative review by standing committees

IX.Calendars
Union Calendar
House Calendar
Private Calendar
Consent Calendar
Calendar of Motions to Discharge Committees

X.Obtaining consideration of measures
Special resolutions
Consideration of measures made in order by previous 
resolution
Motion to discharge committee
Motion to suspend the rules
Calendar Wednesday
District of Columbia business
Privileged matters

XI.Consideration
Committee of the Whole House
Second reading
The Committee "rises"
House action
Motions to recommit
Quorum calls and rollcalls
Voting
Electronic voting
Pairing of Members
System of lights and bells
Broadcasting live coverage of floor proceedings

XII.Congressional budget process

XIII.Engrossment and message to Senate

XIV.Senate action
Committee consideration
Chamber procedure

XV.Final action on amended bill
Request for a conference
Authority of conferees
Meetings and action of conferees
Conference reports
Custody of papers

XVI.Bill originating in Senate

XVII.Enrollment

XVIII.Presidential action
Veto message

XIX.Publication
Slip laws
Statutes at Large
United States Code




 HOW OUR LAWS ARE MADE

 I. INTRODUCTION
 
  This handbook is intended to provide a readable and 
nontechnical outline of the background and the numerous steps 
of our Federal lawmaking process from the origin of an idea 
for a legislative proposal through its publication as a 
statute. This is a matter about which every citizen should be 
well informed so as to be able to understand the everyday 
news reports and discussions concerning the work of Congress.

 It is hoped that this handbook will enable every citizen to 
gain a greater understanding of the Federal legislative 
process and its role as one of the bulwarks of our 
representative system. One of the most practical safeguards 
of the American democratic way of life is this legislative 
process that, with its emphasis on the protection of the 
minority, gives ample opportunity to all sides to be heard 
and make their views known. The fact that a proposal cannot 
become a law without consideration and approval by both 
Houses of Congress is an outstanding virtue of our 
legislative system. Open and full discussion provided for 
under our Con stitution frequently results in the notable 
improvement of a bill by amendment before it becomes law, or 
the defeat of a bad  proposal.

 Because the large majority of laws originate in the House of 
Representatives, this discussion will be directed principally 
to the procedure in that body.

 
 II. THE CONGRESS

  Article I, Section 1, of the United States Constitution, 
provides that--

 All legislative Powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a 
Senate and House of Representatives.

 The Senate is composed of 100 Members--2 from each State, 
irrespective of population or area--elected by the people in 
conformity with the provisions of the 17th Amendment to the 
Constitution. That amendment changed the former 
Constitutional method under which Senators were chosen by the 
respective State legislatures. A Senator must be at least 30 
years of age, have been a citizen of the United States for 9 
years, and, when elected, be a resident of the State for 
which the Senator is chosen. The term of office is 6 years 
and one-third of the total membership of the Senate is 
elected every second year. The terms of both Senators from a 
particular State are so arranged that they do not terminate 
at the same time. Of the 2 Senators from a State serving at 
the same time the one who was elected first--or if both were 
elected at the same time, the one elected for a full term--is 
referred to as the "senior" Senator from that State. The 
other is referred to as the "junior" Senator. If a Senator 
dies or resigns during the term, the governor of the State 
must call a special election unless the State legislature has 
authorized the governor to appoint a successor until the next 
election, at which time a successor is elected for the 
balance of the term. Most of the State legislatures have 
granted their governors the power of appointment.

 Each Senator has one vote.

 As constituted in 1989--the 101st Congress--the House of 
Representatives is composed of 435 Members elected every 2 
years from among the 50 States, apportioned to their total 
populations. The permanent number of 435 was established 
following the Thirteenth Decennial Census in 1910, as 
directed in Article I, Section 2, of the Constitution, and 
was increased temporarily to 437 for the 87th Congress, to 
provide for one Representative each for Alaska and Hawaii. It 
seems undesirable to make a considerable increase in the 
number of Members, because a larger body, similar to the 
British House of Commons, consisting of 650 members, would be 
too unwieldy. The Constitution limits the number of 
Representatives to not more than one for every 30,000 of 
population, and, under a former apportionment in one State a 
particular Representative represented more than 900,000 
constituents, while another in the same State was elected 
from a district having a population of only 175,000. The 
Supreme Court * has since held unconstitutional a Missouri 
statute permitting a maximum population variance of 3.1 
percent from mathematical equality. The Court said that the 
variances among the districts were not unavoidable and, 
therefore, were invalid. This is an interpretation of the 
Court's earlier decision that "as nearly as is practicable 
one man's vote in a Congressional election is to be worth as 
much as another's".

 * Kirkpatrick v. Preisler, 394 U.S. 526 (1969).

 A law enacted in 1967 abolished all "at-large" elections 
(that is, Representatives elected by the voters of the entire 
State rather than in a Congressional district within the 
State) except, of course, in States entitled to only one 
Representative.

 A Representative must be at least 25 years of age, have been 
a citizen of the United States for 7 years, and, when 
elected, be a resident of the State in which the 
Representative is chosen. If a Representative dies or resigns 
during the term, the governor of the State must call a 
special election for the choosing of a successor to serve for 
the unexpired portion of the term.

 Each Representative has one vote.

 In addition to the Representatives from each of the States, 
there is a Resident Commissioner from the Commonwealth of 
Puerto Rico and Delegates from the District of Columbia, 
American Samoa, Guam, and the Virgin Islands. The Resident 
Commissioner and the Delegates have most of the prerogatives 
of Representatives, with the important exception of the right 
to vote on matters before the House.

 Under the provisions of Section 2 of the 20th Amendment to 
the Constitution, Congress must assemble at least once every 
year, at noon on the 3d day of January, unless by law they 
appoint a different day.

 A Congress lasts for 2 years, commencing in January of the 
year following the biennial election of Members, and is 
divided into 2 sessions.

 Unlike some other parliamentary bodies, both the Senate and 
the House of Representatives have equal legislative functions 
and powers (except that only the House of Representatives may 
initiate revenue bills), and the designation of one as the 
"upper" House and the other as the "lower" House is not 
appropriate.

 The Constitution authorizes each House to determine the 
rules of its proceedings. Pursuant to that authority the 
House of Representatives adopts its rules on the opening day 
of each Congress. The Senate, which considers itself a 
continuing body, operates under standing rules that it amends 
from time to time.

 The chief function of Congress is the making of laws. In 
addition, the Senate has the function of advising and 
consenting to treaties and to certain nominations by the 
President. In the matter of impeachments, the House of 
Representatives presents the charges--a function similar to 
that of a grand jury--and the Senate sits as a court to try 
the impeachment. Both Houses meet in joint session on the 6th 
day of January, following a presidential election, to count 
the electoral votes. If no candidate receives a majority of 
the total electoral votes, the House of Representatives 
chooses the President from among the 3 candidates having the 
largest number of votes, and the Senate chooses the Vice 
President from the 2 candidates having the largest number of 
votes for that office.

 
 III. SOURCES OF LEGISLATION

  Sources of ideas for legislation are unlimited, and 
proposed drafts of bills originate in many diverse quarters. 
First of these is, of course, the idea and draft conceived by 
a Member. This may emanate from the election campaign during 
which the Member had promised to introduce legislation on a 
particular subject, if elected. The entire campaign may have 
been based upon one or more such proposals. Or, through 
experience after taking office the Member may have become 
aware of the need for amendment or repeal of existing laws or 
the enactment of a statute in an entirely new field.

 In addition, the Member's constituents--either as 
individuals or by corporate activity such as citizen groups 
or associations, bar associations, labor unions, 
manufacturers' associations, and chambers of commerce--may 
avail themselves of the right to petition, which is 
guaranteed by the First Amendment to the Constitution, and 
transmit their proposals to the Member. Many excellent laws 
have originated in this way inasmuch as some of those 
organizations, because of their vital concern with various 
areas of legislation, have considerable knowledge regarding 
the laws affecting their interests and have the services of 
expert legislative draftsmen at their disposal for this 
purpose. If favorably impressed by the idea, the Member may 
introduce the proposal in the form in which it has been 
submitted or may first redraft it. In all events, the Member 
may consult with the Legislative Counsel of the House or the 
Senate, as the case may be, to frame the ideas in suitable 
legislative language and form for introduction.

 In modern times the "executive communication" has become a 
prolific source of legislative proposals. This is usually in 
the form of a letter from a member of the President's Cabinet 
or the head of an independent agency--or even from the 
President--transmitting a draft of a proposed bill to the 
Speaker of the House of Representatives and the President of 
the Senate. Despite the system of separation of powers, 
Article II, Section 3, of the Constitution imposes an 
obligation on the President to report to Congress from time 
to time on the "State of the Union" and to recommend for 
consideration such measures as the President considers 
necessary and expedient. Many of these executive 
communications follow on the President's message to Congress 
on the State of the Union. The communication is then referred 
to the standing committee having jurisdiction of the subject 
matter embraced in the proposal because a bill may be 
introduced only by a Member of Congress. The Chairman of that 
committee usually introduces the bill promptly either in the 
form in which it was received or with changes the Chairman 
considers necessary or desirable. This practice prevails even 
when the majority of the House and the President are not of 
the same political party, although there is no constitutional 
or statutory requirement that a bill be introduced to 
effectuate the recommendations. Otherwise, the message may be 
considered by the committee or one of its subcommittees to 
determine whether a bill should be introduced. The most 
important of the regular executive communications is the 
annual message from the President transmitting the proposed 
budget to Congress. This, together with testimony by 
officials of the various branches of the Government before 
the Appropriations Committees of the House and Senate, is the 
basis of the several appropriation bills that are drafted by 
the Committee on Appropriations of the House.

 Several of the executive departments and independent 
agencies have staffs of trained legislative counsels whose 
functions include the drafting of bills to be forwarded to 
Congress with a request for their enactment.

 The drafting of statutes is an art that requires great 
skill, knowledge, and experience. In some instances a draft 
is the result of a study covering a period of a year or more 
by a commission or committee designated by the President or 
one of the Cabinet officers. The Administrative Procedure Act 
and the Uniform Code of Military Justice are only 2 of many 
examples of enactments resulting from such studies. In 
addition, Congressional committees sometimes draft bills 
after studies and hearings covering periods of a year or 
more. Bills to codify the laws relating to crimes and 
criminal procedure, the judiciary and judicial procedure, the 
armed forces, and other subjects, have each required several 
years of preparation.

 
 IV. FORMS OF CONGRESSIONAL ACTION

  The work of Congress is initiated by the introduction of a 
proposal in one of 4 principal forms. These are: the bill, 
the joint resolution, the concurrent resolution, and the 
simple resolution. By far the most customary form used in 
both Houses is the bill. During the 100th Congress (1987 
-1988), there were introduced in both Houses, 8,515 bills and 
1,073 joint resolutions. Of this number 5,585 bills and 678 
joint resolutions originated in the House of Representatives.

 For the sake of simplicity this discussion will be confined 
generally to the procedure on a House of Representatives 
bill, but a brief comment will be made about each of the 
forms.

 BILLS

 A bill is the form used for most legislation, whether 
permanent or temporary, general or special, public or 
private.

 The form of a House bill is as follows:

                    A BILL

 

          For the establishment, etc. 
            [as the title may be].

 Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, 
etc.

 The enacting clause was prescribed by law in 1871 and is 
identical in all bills, whether they originate in the House 
of Representatives or in the Senate.

 Bills may originate in either the House of Representatives 
or the Senate, with one notable exception provided for by the 
Constitution. Article I, Section 7, of the Constitution, 
provides that all bills for raising revenue shall originate 
in the House of Representatives but the Senate may propose or 
concur with amendments, as on other bills. General 
appropriation bills also originate in the House of 
Representatives.

 There are 2 types of bills--public and private. A public 
bill is one that affects the public generally. A bill of a 
private character, that is, a bill that affects an individual 
rather than the population at large, is called a private 
bill. A private bill is used for relief in matters such as 
immigration and naturalization and claims by or against the 
United States.

 Article I, Section 8, prescribes the matters concerning 
which Congress may legislate, while Section 9 of the same 
Article places certain limitations on Congressional action.

 A bill originating in the House of Representatives is 
designated by the letters "H.R." followed by a number that it 
retains throughout all its parliamentary stages. The letters 
signify "House of Representatives" and not, as is sometimes 
supposed, "House resolution". A Senate bill is designated by 
the letter "S." followed by its number. The term "companion 
bill" is used to describe a bill introduced in one House of 
Congress that is similar or identical to a bill introduced in 
the other House of Congress. 

 A bill that has been agreed to in identical form by both 
bodies becomes the law of the land only after--

 (1) Presidential approval; or

 (2) failure by the President to return it with objections to 
the House in which it originated within 10 days while 
Congress is in session; or

 (3) the overriding of a Presidential veto by a two-thirds 
vote in each House.

 It does not become law without the President's signature if 
Congress by their adjournment prevent its return with 
objections. This is known as a "pocket veto".

 JOINT RESOLUTIONS

 Joint resolutions may originate either in the House of 
Representatives or in the Senate--not, as may be supposed, 
jointly in both Houses. There is little practical difference 
between a bill and a joint resolution and, although the 
latter are not as numerous as bills, the 2 forms are often 
used indiscriminately. Statutes that have been initiated as 
bills have later been amended by a joint resolution, and vice 
versa. Both are subject to the same procedure--with the 
exception of a joint resolution proposing an amendment to the 
Constitution. When a joint resolution amending the 
Constitution is approved by two-thirds of both Houses, it is 
sent directly to the Archivist of the United States for 
submission to the several States for ratification. It is not 
presented to the President for approval.

 The form of a House joint resolution is as follows:

                 JOINT RESOLUTION

 

     Authorizing, etc. [as the title may be].

   Resolved by the Senate and House of Representatives
   of the United States of America in Congress assembled,
   That all, etc.

 The resolving clause is identical in both House and Senate 
joint resolutions, having been prescribed by statute in 1871. 
It is frequently preceded by one or more "whereas" clauses 
indicating the necessity for or the desirability of the joint 
resolution.

 The term "joint" does not signify simultaneous introduction 
and consideration in both Houses.

 A joint resolution originating in the House of 
Representatives is designated "H.J. Res." followed by its 
individual number which it retains throughout all its 
parliamentary stages. One originating in the Senate is 
designated "S.J. Res." followed by its number.

 Joint resolutions become law in the same manner as bills.

 CONCURRENT RESOLUTIONS

 Matters affecting the operations of both Houses are usually 
initiated by means of concurrent resolutions. In modern 
practice, these normally are not legislative in character but 
are used merely for expressing facts, principles, opinions, 
and purposes of the 2 Houses. They are not equivalent to a 
bill and their use is narrowly limited within these bounds.

 The term "concurrent" does not signify simultaneous 
introduction and consideration in both Houses.

 A concurrent resolution originating in the House of 
Representatives is designated "H. Con. Res." followed by its 
individual number, while a Senate concurrent resolution is 
designated "S. Con. Res." together with its number. On 
approval by both Houses, they are signed by the Clerk of the 
House and the Secretary of the Senate and transmitted to the 
Archivist of the United States for publication in a special 
part of the Statutes at Large volume covering that session of 
Congress. They are not presented to the President for action 
as in the cases of bills and joint resolutions unless they 
contain a proposition of legislation, and that, of course, is 
not within their scope in their modern form.

 SIMPLE RESOLUTIONS

 A matter concerning the operation of either House alone is 
initiated by a simple resolution. A resolution affecting the 
House of Representatives is designated "H. Res." followed by 
its number, while a Senate resolution is designated "S. Res." 
together with its number. They are considered only by the 
body in which they were introduced and on adoption are 
attested to by the Clerk of the House of Representatives or 
the Secretary of the Senate, as the case may be, and are 
published in the Congressional Record.

 
 V. INTRODUCTION AND REFERENCE TO COMMITTEE

  Any Member, the Resident Commissioner, and the Delegates in 
the House of Representatives may introduce a bill at any time 
while the House is actually sitting by simply placing it in 
the "hopper" provided for the purpose at the side of the 
Clerk's desk in the House Chamber. Permission is not required 
to introduce the measure or to make a statement at the time 
of introduction. Printed blank forms for use in typing the 
original bill are supplied through the Clerk's office. The 
name of the sponsor is endorsed on the bill. A public bill 
may be sponsored by an unlimited number of Members. On 
request, a Member may be added as a sponsor no later than the 
day the bill is reported to the House. (For a discussion of 
"Reported bills", see Part VII.) In addition, a Member listed 
as a sponsor (other than the first sponsor) may have the 
Member's name deleted as a sponsor no later than the day the 
bill is reported to the House. To forestall the possibility 
that a bill might be introduced in the House on behalf of a 
Member without that Member's prior approval, the sponsoring 
Member's signature must appear on the bill before it is 
accepted for introduction. When there are multiple sponsors 
of a bill, the signature must be that of the Member first 
named thereon. In the Senate, unlimited multiple sponsorship 
of a bill also is permitted. Occasionally, a Member may 
insert the words "by request" after the Member's name to 
indicate that the introduction of the measure is in 
compliance with the suggestion of some other person.

 In the Senate, a Senator usually introduces a bill or 
resolution by presenting it to one of the clerks at the 
Presiding Officer's desk, without commenting on it from the 
floor of the Senate. However, a Senator may use a more formal 
procedure by rising and introducing the bill or resolution 
from the floor. A Senator usually makes a statement about the 
measure when introducing it on the floor. Frequently, 
Senators obtain consent to have the bill or resolution 
printed in the body of the Congressional Record, following 
their formal statement.

 If any Senator objects to the introduction of a bill or 
resolution, the introduction of the bill or resolution is 
postponed until the next day. If there is no objection, the 
bill is read by title and referred to the appropriate 
committee.

 In the House of Representatives it is no longer the custom 
to read bills--even by title--at the time of introduction. 
The title is entered in the Journal and printed in the 
Congressional Record, thus preserving the purpose of the old 
rule. The bill is assigned its legislative number by the 
Clerk and referred to the appropriate committees by the 
Speaker (the Member elected to be the Presiding Officer of 
the House) with the assistance of the Parliamentarian. These 
details appear in the daily issue of the Congressional 
Record. It is then sent to the Government Printing Office 
where it is printed in its introduced form, and printed 
copies are available shortly thereafter in the document rooms 
of both Houses. 

 One copy is sent to the office of the Chairman of the 
committee to which it has been referred, for action by that 
committee. The clerk of the committee enters it on the 
committee's Legislative Calendar.

 Perhaps the most important phase of the Congressional 
process is the action by committees. That is where the most 
intensive consideration is given to the proposed measures and 
where the people are given their opportunity to be heard. 
Nevertheless, this phase where such a tremendous volume of 
hard work is done by the Members is sometimes overlooked by 
the public, particularly when complaining about delays in 
enacting laws. There are, at present, 22 standing committees 
in the House and 16 in the Senate, as well as several select 
committees. In addition, there are several standing joint 
committees of the 2 Houses.

 Each committee has jurisdiction over certain subject matters 
of legislation and all measures affecting a particular area 
of the law are referred to that committee that has 
jurisdiction over it. For example, the Committee on the 
Judiciary has jurisdiction over measures relating to judicial 
proceedings (civil and criminal) generally, and 18 other 
categories, of which Constitutional amendments, immigration 
and naturalization, bankruptcy, revision and codification of 
statutes, civil liberties, antitrust, patents, copyrights and 
trademarks, are but a few. In all, the rules of the House and 
of the Senate each provide for approximately 200 different 
classifications of measures that are to be referred to 
committees.

 Membership on the various committees is divided between the 
2 major political parties. The proportion of the Members of 
the minority party to the Members of the majority party is 
determined by the majority party, except that one-half of the 
Members on the Committee on Standards of Official Conduct are 
from the majority party and one-half from the minority party. 
The respective party caucuses nominate Members of the caucus 
to be elected to each standing committee at the beginning of 
each Congress. Membership on a standing committee during the 
course of a Congress is contingent on continuing membership 
in the caucus that nominated the Member for election to the 
committee. If the Member ceases to be a Member of the caucus, 
the Member automatically ceases to be a Member of the 
standing committee.

 A Member may serve on more than one committee. However, the 
rules of the caucus of the majority party in the House 
provide that the Chairmen of certain committees may not serve 
on another committee and that a Member may be Chairman of 
only one subcommittee of a committee or select committee with 
legislative jurisdiction, excepting certain committees 
performing housekeeping functions and joint committees.

 A Member usually seeks election to the committee that has 
jurisdiction over a field in which the Member is most 
qualified and interested. For example, the Committee on the 
Judiciary traditionally is composed entirely of lawyers. Many 
Members are nationally recognized experts in the specialty of 
their particular committee or subcommittee.

 Members rank in seniority in accordance with the order of 
their appointment to the committee, and usually the ranking 
majority Member is elected Chairman. The rules of the House 
require that committee Chairmen be elected from nominations 
submitted by the majority party caucus at the commencement of 
each Congress.

 Most committees have 2 or more subcommittees that, in 
addition to having general jurisdiction, specialize in the 
consideration of particular classifications of bills. Each 
standing committee of the House, except the Committee on the 
Budget, that has more than 20 Members must establish at least 
4 subcommittees.

 Each committee is provided with a professional and clerical 
staff to assist it in the innumerable administrative details 
and other problems involved in the consideration of bills. 
For the standing committees, the professional staff 
(consisting of not more than 18, 6 of whom may be selected by 
the minority) is appointed on a permanent basis solely on the 
basis of fitness to perform the duties of their respective 
positions. The clerical staff (consisting of not more than 
12, 4 of whom may be selected by the minority) is appointed 
to handle correspondence and stenographic work for the 
committee staff and the Chairman and ranking minority Member 
on matters related to committee work. All staff appointments 
are made by a majority vote of the committee without regard 
to race, creed, sex, or age. The minority staff provisions do 
not apply to the Committee on Standards of Official Conduct 
because of its bipartisan nature. The Committee on 
Appropriations and the Committee on the Budget have special 
authority under the rules of the House for appointment of 
staff and assistants for the minority.

 Under certain conditions, a standing committee may appoint 
consultants on a temporary or intermittent basis and also may 
provide financial assistance to members of its professional 
staff for the purpose of acquiring specialized training, 
whenever the committee determines that such training will aid 
the committee in the discharge of its responsibilities.

 
 VI. CONSIDERATION BY COMMITTEE

  The rules adopted by the caucus of the majority party in 
the House provide that the Chairman of the committee to which 
a bill has been referred must refer the bill to the 
appropriate subcommittee within 2 weeks, unless a majority of 
the Members of the majority party on the committee vote to 
have the bill considered by the full committee. One of the 
first actions taken is the transmittal of copies of the bill 
to the departments and agencies concerned with the subject 
matter and frequently to the General Accounting Office with a 
request for an official report of views on the necessity or 
desirability of enacting the bill into law. Ample time is 
given for the submission of the reports and when received 
they are accorded serious consideration but are not binding 
on the committee in determining whether or not to act 
favorably on the bill. Reports of the departments and 
agencies in the executive branch are submitted first to the 
Office of Management and Budget to determine whether they are 
consistent with the program of the President.

 COMMITTEE MEETINGS

 Standing committees are required to have regular meeting 
days at least once a month, but the Chairman may call and 
convene additional meetings. Three or more Members of a 
standing committee may file with the committee a written 
request that the Chairman call a special meeting. The request 
must specify the measure or matter to be considered. If the 
Chairman fails, within 3 calendar days after the filing of 
the request, to call the requested special meeting, to be 
held within 7 calendar days after the filing of the request, 
a majority of the Members of the committee may call the 
special meeting by filing with the committee written notice 
specifying the time and date of the meeting and the measure 
or matter to be considered.

 With the exception of the Committees on Appropriations, on 
the Budget, on Rules, on Standards of Official Conduct, on 
Ways and Means, and on House Administration, committees may 
not, without special permission, meet while the House is 
reading a measure for amendment under the "five-minute rule". 
(See first paragraph under heading "Second Reading" in Part 
XI.) Special permission to meet will be given unless 10 or 
more Members object. The rules of the House also provide that 
House committees may not meet during a joint session of the 
House and Senate or during a recess when a joint meeting of 
the House and Senate is in progress. Committees may meet at 
other times during a recess up to the expiration of the 
constitutional term.

 PUBLIC HEARINGS

 If the bill is of sufficient importance, and particularly if 
it is controversial, the committee will usually set a date 
for public hearings. Each committee (except the Committee on 
Rules) is required to make public announcement of the date, 
place, and subject matter of any hearing to be conducted by 
the committee on any measure or matter at least one week 
before the commencement of that hearing, unless the committee 
determines that there is good cause to begin the hearing at 
an earlier date. If the committee makes that determination, 
it must make a public announcement to that effect at the 
earliest possible date. Public announcements are published in 
the Daily Digest portion of the Congressional Record as soon 
as possible after the announcement is made by the committee, 
and are often noted in news papers and periodicals. Personal 
notice, usually in the form of a letter, but possibly in the 
form of a subpena, is sent frequently to individuals, 
organizations, and Government departments and agencies that 
are known to be interested.

 Each hearing by a committee and subcommittee is required to 
be open to the public except when the committee or 
subcommittee, in open session and with a majority present, 
determines by rollcall vote that all or part of the remainder 
of the hearing on that day shall be closed to the public 
because disclosure of testimony, evidence, or other matters 
to be considered would endanger the national security or 
would violate a law or a rule of the House. The committee or 
subcommittee by the same procedure may vote to close one 
subsequent day of hearing, except that the Committees on 
Appropriations and on Armed Services and the Permanent Select 
Committee on Intelligence, and subcommittees of those 
committees, by the same procedure may vote to close up to 5 
additional consecutive days of hearings. When a quorum for 
taking testimony is present, a majority of the Members 
present may close a hearing to discuss whether the evidence 
or testimony to be received would endanger national security 
or would tend to defame, degrade, or incriminate any person.

 Hearings on the budget are required to be held by the 
Committee on Appropriations in open session within 30 days 
after its transmittal to Congress, except when the Committee, 
in open session and with a quorum present, determines by 
rollcall vote that the testimony to be taken at that hearing 
on that day may be related to a matter of national security. 
The Committee may by the same procedure close one subsequent 
day of hearing.

 On the day set for the public hearing an official reporter 
is present to record the testimony in favor of and against 
the bill. The bill may be read in full at the opening of the 
hearings and a copy is inserted in the record. After a brief 
introductory statement by the Chairman and often by the 
ranking minority Member or other committee Member, the first 
witness is called. Members or Senators who wish to be heard 
are given preference out of courtesy and because of the 
limitations on their time. Cabinet officers and high-ranking 
civil and military officials of the Government, as well as 
interested private individuals, testify either voluntarily or 
at the request or summons of the committee.

 Committees require, so far as practicable, that witnesses 
who appear before it file with the committee, in advance of 
their appearance, a written statement of their proposed 
testimony and limit their oral presentations to a brief 
summary of their arguments.

 Minority party Members of the committee are entitled to call 
witnesses of their own to testify on a measure during at 
least one day of the hearing.

 All committee rules in the House must provide that each 
Member shall have only 5 minutes in the interrogation of 
witnesses until each Member of the committee who desires to 
question a witness has had an opportunity to do so.

 A typewritten transcript of the testimony taken at a public 
hearing is made available for inspection in the office of the 
clerk of the committee and frequently the complete transcript 
is printed and distributed widely by the committee.

 BUSINESS MEETINGS

 After hearings are completed, the subcommittee usually will 
consider the bill in a session that is popularly known as the 
"markup" session. The views of both sides are studied in 
detail and at the conclusion of deliberation a vote is taken 
to determine the action of the subcommittee. It may decide to 
report the bill favorably to the full committee, with or 
without amendment, or unfavorably, or suggest that the 
committee "table" it, that is, postpone action indefinitely. 
Each Member of the subcommittee, regardless of party 
affiliation, has one vote.

 All meetings for the transaction of business, including the 
markup of legislation, of standing committees or 
subcommittees must be open to the public except when the 
committee or subcommittee, in open session with a majority 
present, determines by rollcall vote that all or part of the 
remainder of the meeting on that day shall be closed to the 
public. This requirement does not apply to any meeting that 
relates solely to internal budget or personnel matters. 
Members of the committee may authorize congressional staff 
and departmental representatives to be present at any 
business or markup session that has been closed to the 
public.

 COMMITTEE ACTION

 At committee meetings reports on bills may be made by 
subcommittees. Reports are fully discussed and amendments may 
be offered. Committee amendments are only proposals to change 
the bill as introduced and are subject to acceptance or 
rejection by the House itself. A vote of committee Members is 
taken to determine whether the full committee will report 
favorably or "table" the bill. If the committee votes to 
report the bill favorably to the House, it may report the 
bill with or without amendments or report a "clean bill". If 
the committee has approved extensive amendments, the 
committee may decide to report a new bill incorporating those 
amendments, commonly known as a "clean bill". The new bill is 
introduced (usually by the Chairman of the committee), and, 
after referral back to the committee, is reported favorably 
to the House by the committee. Because tabling a bill 
normally is effective in preventing action on it, adverse 
reports to the House by the full committee ordinarily are not 
made. On rare occasions, a committee may report a bill 
without recommendation or unfavorably.

 Generally, a majority of the committee constitutes a quorum, 
the number of Members who must be present in order for the 
committee to act. This ensures adequate participation by both 
sides in the action taken. However, a committee may vary the 
number of Members necessary for a quorum for certain actions. 
For example, a committee may fix the number of its Members, 
but not less than 2, necessary for a quorum for taking 
testimony and receiving evidence. Except for the Committees 
on Appropriations, on the Budget, and on Ways and Means, a 
committee may fix the number of its Members, but not less 
than one-third, necessary for a quorum for taking certain 
other actions. The absence of a quorum is the subject of a 
point of order--that is, an objection that the proceedings 
are out of order--that is, that the required number of 
Members is not present.

 PUBLIC INSPECTION OF RESULTS OF ROLLCALL VOTE IN COMMITTEE

 The result of each rollcall vote in any meeting of a 
committee must be made available by that committee for 
inspection by the public at reasonable times in the offices 
of that committee. Information available for public 
inspection includes (1) a description of each amendment, 
motion, order, or other proposition, (2) the name of each 
Member voting for and each Member voting against the 
amendment, motion, order, or proposition, and whether by 
proxy or in person, and (3) the names of those Members 
present but not voting.

 With respect to each rollcall vote by a committee on a 
motion to report a bill or resolution of a public character, 
the total number of votes cast for, and the total number of 
votes cast against, the reporting of the bill or resolution 
must be included in the committee report.

 PROXY VOTING

 A vote by a Member of a committee with respect to a measure 
or other matter may not be cast by proxy unless that 
committee adopts a written rule that permits voting by proxy 
and requires that the proxy authorization (1) be in writing, 
(2) assert that the Member is absent on official business or 
is otherwise unable to be present at the meeting of the 
committee, (3) designate the person who is to execute the 
proxy authorization, and (4) be limited to a specific measure 
or matter and any amendments or motions pertaining to the 
measure or matter. A Member may authorize a general proxy 
only for motions to recess, adjourn or other procedural 
matters. A proxy must be signed by the Member and must 
contain the date and time of day that it is signed. A proxy 
may not be counted for a quorum.

 POINTS OF ORDER WITH RESPECT TO COMMITTEE PROCEDURE

 A point of order does not lie with respect to a measure 
reported by a committee on the ground that hearings on the 
measure were not conducted in accordance with required 
committee procedure. However, certain points of order may be 
made by a Member of the committee which reported the measure 
if, in the committee, that point of order was (1) timely made 
and (2) improperly overruled or not properly considered.

 BROADCASTING COMMITTEE HEARINGS AND MEETINGS

 It is permissible to cover open committee hearings and 
meetings in the House by television, radio, and still 
photography. This permission is granted under well defined 
conditions as provided in the rules of the House. Similarly, 
the rules of the Senate permit broadcasting of open hearings 
of a Senate committee under such rules as the committee may 
adopt.

 
 VII. REPORTED BILLS

  If the committee votes to report the bill favorably to the 
House, one of the Members is designated to write the 
committee report. The report describes the purpose and scope 
of the bill and the reasons for its recommended approval. 
Generally, a section-by-section analysis is set forth in 
detail explaining precisely what each section is intended to 
accomplish. All changes in existing law must be indicated in 
the report and the text of laws being repealed must be set 
out. This requirement is known as the "Ramseyer" rule; a 
similar rule in the Senate is known as the "Cordon" rule. 
Committee amendments also must be set out at the beginning of 
the report and explanations of them are included. Executive 
communications regarding the bill usually are quoted in full.

 If at the time of approval of a bill by a committee (except 
the Committee on Rules) a Member of the committee gives 
notice of an intention to file supplemental, minority, or 
additional views, that Member is entitled to not less than 3 
calendar days (excluding Saturdays, Sundays, and legal 
holidays) in which to file those views with the clerk of the 
committee and they must be included in the report on the 
bill. Committee reports, with certain exceptions, must be 
filed while the House actually is sitting unless unanimous 
consent is obtained from the House to file at a later time.

 The report is assigned a report number when it is filed, and 
it is delivered to the Government Printing Office for 
printing during that night. Beginning with the 91st Congress, 
in 1969, the report number contains a prefix-designator which 
indicates the number of the Congress. For example, the first 
House report in 1969 was numbered 91-1.

 The bill is reprinted when reported and committee amendments 
are indicated by showing new matter in italics and deleted 
matter in line-through type. The report number is printed on 
the bill and the calendar number is shown on both the first 
and back pages of the bill. However, in the case of a bill 
that was referred to 2 or more committees for consideration 
in sequence, the calendar number is printed only on the bill 
as reported by the last committee to consider it. See Part 
IX, "Calendars".

 Committee reports are perhaps the most valuable single 
element of the legislative history of a law. They are used by 
courts, executive departments and agencies, and the public 
generally, as a source of information regarding the purpose 
and meaning of the law.

 CONTENTS OF REPORTS

 The report of a committee on a measure that has been 
approved by the committee must include (1) the committee's 
oversight findings and recommendations, (2) the statement 
required by the Congressional Budget Act of 1974, if the 
measure provides new budget authority (other than continuing 
appropriations), certain new spending authority, new credit 
authority, or an increase or decrease in revenues or tax 
expenditures, (3) the cost estimate and comparison prepared 
by the Director of the Congressional Budget Office whenever 
the Director has submitted that estimate and comparison to 
the committee prior to the filing of the report, and (4) a 
summary of the oversight findings and recommendations made by 
the Committee on Government Operations whenever they have 
been submitted to the legislative committee in a timely 
fashion to allow an opportunity to consider the findings and 
recommendations during the committee's deliberations on the 
measure. Each of these items are set out separately and 
clearly identified in the report. For a discussion of the 
Congressional budget process, see Part XII.

 INFLATIONARY IMPACT AND COST ESTIMATES IN REPORTS

 In addition, each report of a committee on a bill or joint 
resolution of a public character reported by the committee 
must contain a detailed analytical statement as to whether 
the enactment of the bill or joint resolution into law may 
have an inflationary impact on prices and costs in the 
operation of the national  economy.

 Each report also must contain an estimate, made by the 
committee, of the costs which would be incurred in carrying 
out that bill or joint resolution in the fiscal year reported 
and in each of the 5 fiscal years thereafter or for the 
duration of the program authorized if less than 5 years. In 
the case of a measure involving revenues, the report need 
contain only an estimate of the gain or loss in revenues for 
a one-year period. The report must include a comparison of 
the estimates of those costs with the estimate made by any 
Government agency and submitted to that committee. The 
Committees on Appropriations, on House Administration, on 
Rules, and on Standards of Official Conduct are not required 
to include cost estimates in their reports. In addition, the 
cost estimates are not required to be included in reports 
when a cost estimate and comparison prepared by the Director 
of the Congressional Budget Office has been submitted prior 
to the filing of the report and included in the report.

 FILING OF REPORTS

 Measures approved by a committee must be reported promptly 
after approval. A majority of the Members of the committee 
may file a written request with the clerk of the committee 
for the reporting of the measure. When the request is filed, 
the clerk immediately must notify the Chairman of the 
committee of the filing of the request, and the report on the 
measure must be filed within 7 days (excluding days on which 
the House is not in session) after the day on which the 
request is filed. This does not apply to a report of the 
Committee on Rules with respect to the rules, joint rules, or 
order of business of the House or to the reporting of a 
resolution of inquiry addressed to the head of an executive 
department.

 AVAILABILITY OF REPORTS AND HEARINGS

 With certain exceptions (relating to emergency situations, 
such as a measure declaring war or other national emergency 
and Government agency decisions, determinations, and actions 
that are effective unless disapproved or otherwise 
invalidated by one or both Houses of Congress), a measure or 
matter reported by a committee (except the Committee on Rules 
in the case of a resolution making in order the consideration 
of a bill, resolution, or other order of business) may not be 
considered in the House until the third calendar day 
(excluding Saturdays, Sundays, and legal holidays) on which 
the report of that committee on that measure has been 
available to the Members of the House. In addition, the 
measure or matter may not be considered unless copies of the 
report and the reported measure or matter have been available 
to the Members for at least 3 calendar days (excluding 
Saturdays, Sundays, and legal holidays during which the House 
is not in session) before the beginning of consideration. 
However, it is always in order to consider a report from the 
Committee on Rules specifically providing for the 
consideration of a reported measure or matter notwithstanding 
this restriction. If hearings were held on a measure or 
matter so reported, the committee is required to make every 
reasonable effort to have those hearings printed and 
available for distribution to the Members of the House prior 
to the consideration of the measure in the House. General 
appropriation bills may not be considered until printed 
committee hearings and a committee report thereon have been 
available to the Members of the House for at least 3 calendar 
days (excluding Saturdays, Sundays, and legal holidays).

 
 VIII. LEGISLATIVE REVIEW BY STANDING COMMITTEES

  Each standing committee (other than the Committees on 
Appropriations and on the Budget) is required to review and 
study, on a continuing basis, the application, 
administration, execution, and effectiveness of the laws 
dealing with the subject matter over which the committee has 
jurisdiction and the organization and operation of Federal 
agencies and entities having responsibility for the 
administration and evaluation of those laws.

 The purpose of the review and study is to determine whether 
laws and the programs created by Congress are being 
implemented and carried out in accordance with the intent of 
Congress and whether those programs should be continued, 
curtailed, or eliminated. In addition, each committee having 
oversight responsibility is required to review and study any 
conditions or circumstances that may indicate the necessity 
or desirability of enacting new or additional legislation 
within the jurisdiction of that committee, and must 
undertake, on a continuing basis, futures research and 
forecasting on matters within the jurisdiction of that 
committee. Each standing committee also has the function of 
reviewing and studying, on a continuing basis, the impact or 
probable impact of tax policies on subjects within its 
jurisdiction.

 In addition, several of the standing committees have special 
oversight responsibilities, the details of which are 
contained in the rules of the House.

 
 IX. CALENDARS

  The House of Representatives has 5 calendars of business: 
the Union Calendar, the House Calendar, the Private Calendar, 
the Consent Calendar, and the Calendar of Motions to 
Discharge Committees. The calendars, together with a listing 
of all bills introduced and a history of all bills reported 
out of committee in the current Congress, are printed each 
day the House is in session to provide information on the 
status of pending legislation.

 As soon as a public bill is favorably reported, it is 
assigned a calendar number on either the Union Calendar or 
the House Calendar, the 2 principal calendars of business. 
The calendar number is printed on the first page of the bill 
and, in certain instances, is printed also on the back page. 
In the case of a bill that was referred to 2 or more 
committees for consideration in sequence, the calendar number 
is printed only on the bill as reported by the last committee 
to consider it.

 UNION CALENDAR

 The rules of the House provide that there shall be:

 First. A Calendar of the Committee of the Whole House on the 
state of the Union, to which shall be referred bills raising 
revenue, general appropriation bills, and bills of a public 
character directly or indirectly appropriating money or 
property.

 
 This is commonly known as the Union Calendar and the large 
majority of public bills and resolutions are placed on it on 
being reported to the House. For a discussion of the 
Committee of the Whole House, see Part XI.

 HOUSE CALENDAR

 The rules further provide that there shall be:

 Second. A House Calendar, to which shall be referred all 
bills of a public character not raising revenue nor directly 
or indirectly appropriating money or property.

 
 The public bills and resolutions that are not placed on the 
Union Calendar are referred to the House Calendar.

 PRIVATE CALENDAR

 The rules also provide that there shall be:

 Third. A Calendar of the Committee of the Whole House, to 
which shall be referred all bills of a private character.

 
 This is commonly known as the Private Calendar and all 
private bills are placed on it on being reported to the 
House. The Private Calendar is called on the first and third 
Tuesdays of each month.  If objection is made by 2 or more 
Members to the consideration of any measure called, it is 
recommitted to the committee that reported it. As in the case 
of the Consent Calendar (see below) there are 6 official 
objectors, 3 on the majority side and 3 on the minority side, 
who make a careful study of each bill or resolution on the 
Private Calendar and who will object to a measure that does 
not conform to the requirements for that calendar, thereby 
preventing the passage without debate of nonmeritorious bills 
and resolutions.

 CONSENT CALENDAR

 If a measure pending on either the House or Union Calendar 
is of a noncontroversial nature, it may be placed on the 
Consent Calendar. After a bill has been favorably reported 
and is on either the House or Union Calendar, any Member may 
file with the Clerk a notice that the Member desires the bill 
placed on the Consent Calendar. On the first and third 
Mondays of each month immediately after the reading of the 
Journal, the Speaker directs the Clerk to call the bills in 
numerical order (that is, in the order of their appearance on 
that calendar) that have been on the Consent Calendar for 3 
legislative days. If objection is made to the consideration 
of any bill so called, it is carried over on the calendar 
without prejudice to the next day when the Consent Calendar 
is again called, and if then objected to by 3 or more Members 
it is immediately stricken from the calendar and may not be 
placed on the Consent Calendar again during that session of 
Congress. If objection is not made and if the bill is not 
"passed over" by request, it is passed by unanimous consent 
without debate. Ordinarily, the only amendments considered 
are those sponsored by the committee that reported the bill.

 To avoid the passage without debate of measures that may be 
controversial or are sufficiently important or complex to 
require full discussion, there are 6 official objectors--3 on 
the majority side and 3 on the minority side--who make a 
careful study of bills on the Consent Calendar. If a bill 
involves the expenditure of more than a fixed maximum amount 
of money or if it changes national policy or has other 
aspects that any of the objectors believes demand explanation 
and extended debate, it will be objected to and will not be 
passed by unanimous consent. That action does not necessarily 
mean the final defeat of the bill because it may then be 
brought up for consideration in the same way as any other 
bill on the House or Union Calendars.

 CALENDAR OF MOTIONS TO DISCHARGE COMMITTEES

 When a majority of the Members of the House sign a motion to 
discharge a committee from consideration of a public bill or 
resolution, that motion is referred to the Calendar of 
Motions to Discharge Committees. For a further discussion of 
Motions to Discharge, see "Motion to Discharge Committee" in 
Part X.

 
 X. OBTAINING CONSIDERATION OF MEASURES

  Obviously certain measures pending on the House and Union 
Calendars are more important and urgent than others and it is 
necessary to have a system permitting their consideration 
ahead of those that do not require immediate action. Because 
all measures are placed on those calendars in the order in 
which they are reported to the House, the latest bill 
reported would be the last to be taken up if the calendar 
number alone were the determining factor.

 SPECIAL RESOLUTIONS

 To avoid delays and to provide some degree of selectivity in 
the consideration of measures, it is possible to have them 
taken up out of order by obtaining from the Committee on 
Rules a special resolution or "rule" for their consideration. 
That Committee, which is composed of majority and minority 
Members but with a larger proportion of majority Members than 
other committees, is specifically granted jurisdiction over 
resolutions relating to the order of business of the House. 
Usually the Chairman of the committee that has favorably 
reported the bill appears before the Committee on Rules 
accompanied by the sponsor of the measure and one or more 
Members of the Chariman's committee in support of the request 
for a resolution providing for its immediate consideration. 
If the Committee on Rules is satisfied that the measure 
should be taken up it will report a resolution reading 
substantially as follows with respect to a bill on the Union 
Calendar:

 Resolved, That upon the adoption of this resolution it shall 
be in order to move that the House resolve itself into the 
Committee of the Whole House on the State of the Union for 
the consideration of the bill (H.R. ___) entitled, etc., and 
the first reading of the bill shall be dispensed with. After 
general debate, which shall be confined to the bill and shall 
continue not to exceed __ hours, to be equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on ___, the bill shall be read for amendment under 
the five-minute rule. At the conclusion of the consideration 
of the bill for amendment, the Committee shall rise and 
report the bill to the House with such amendments as may have 
been adopted, and the previous question shall be considered 
as ordered on the bill and amendments thereto to final 
passage without intervening motion except one motion to 
recommit.

 
 If the measure is on the House Calendar the resolution reads 
substantially as follows:

 Resolved, That upon the adoption of this resolution it shall 
be in order to consider the bill (H.R. ___) entitled, etc., 
in the House.

 
 The resolution may waive points of order against the bill. 
When it limits or prevents floor amendments, it is popularly 
known as a "closed rule".

 CONSIDERATION OF MEASURES MADE IN ORDER BY PREVIOUS 
RESOLUTION

 When a "rule" has been reported to the House, and is not 
considered immediately, it is referred to the calendar and, 
if not called up for consideration by the Member making the 
report within 7 legislative days thereafter, any Member of 
the Committee on Rules may call it up as a question of 
privilege (after having given one calendar day notice of the 
Member's intention to do so) and the Speaker will recognize 
any Member of the Committee seeking recognition for that 
purpose. For a discussion of privileged questions, see the 
matter under the heading "Privileged Matters" at the end of 
this part.

 If, within 7 calendar days after a measure has, by 
resolution, been made in order for consideration by the 
House, a motion has not been offered for its consideration, 
the Speaker may recognize a Member of the committee that 
reported the measure to offer a motion that the House 
consider it, if the Member has been duly authorized by that 
committee to offer the motion.

 There are several other methods of obtaining consideration 
of bills that either have not been reported by a committee 
or, if reported, for which a special resolution or "rule" has 
not been obtained. Two of those methods, a motion to 
discharge a committee and a motion to suspend the rules, are 
discussed below.

 MOTION TO DISCHARGE COMMITTEE

 A Member may present to the Clerk a motion in writing to 
discharge a committee from the consideration of a public bill 
or resolution that has been referred to it 30 days prior 
thereto. A Member also may file a motion to discharge the 
Committee on Rules from further consideration of a resolution 
providing either a special order of business, or a special 
rule for the consideration of a public bill or resolution 
favorably reported by a standing committee, or a special rule 
for the consideration of a public bill or resolution that has 
remained in a standing committee 30 days or more without 
action. This motion may be made only when the resolution, 
from which it is moved to discharge the Committee on Rules, 
has been referred to that committee at least 7 days prior to 
the filing of the motion to discharge. The motion is placed 
in the custody of the Clerk, who arranges some convenient 
place for the signature of Members. When a majority of the 
total membership of the House have signed the motion, it is 
entered on the Journal, printed with the signatures thereto 
in the Congressional Record, and referred to the Calendar of 
Motions to Discharge Committees.

 On the second and fourth Mondays of each month, except 
during the last 6 days of a session, a Member who has signed 
a motion to discharge, that has been on the calendar at least 
7 days, may seek recognition and be recognized for the 
purpose of calling up the motion. The bill or resolution is 
then read by title only. After 20 minutes' debate, one-half 
in favor of the proposition and one-half in opposition, the 
House proceeds to vote on the motion to discharge.

 If the motion to discharge the Committee on Rules from a 
resolution pending before the Committee prevails, the House 
immediately votes on the adoption of that resolution.

 If the motion to discharge one of the standing committees of 
the House from a public bill or resolution pending before the 
committee prevails, a Member who signed the motion may move 
that the House proceed to the immediate consideration of the 
bill or resolution. If the motion is agreed to, the bill or 
resolution is considered immediately under the general rules 
of the House. If the House votes against the motion for 
immediate consideration, the bill or resolution is referred 
to its proper calendar with the same rights and privileges it 
would have had if reported favorably by the standing 
committee.

 MOTION TO SUSPEND THE RULES

 On Monday and Tuesday of each week and during the last 6 
days of a session, the Speaker may entertain a motion to 
suspend the rules of the House and pass a bill or resolution. 
Arrangement must be made in advance with the Speaker to 
recognize the Member who wishes to offer the motion. Before 
being considered by the House, the motion must be seconded by 
a majority of the Members present, by teller vote, if 
demanded. However, a second is not required on a motion to 
suspend the rules when printed copies of the proposed bill or 
resolution have been available for one legislative day before 
the motion is considered. The motion to suspend the rules and 
pass the bill is then debated for 40 minutes, one-half by 
those in favor of the proposition and one-half by those 
opposed. The motion may not be amended and if amendments to 
the bill are proposed they must be included in the motion 
when it is made. The rules may be suspended and the bill 
passed only by affirmative vote of two-thirds of the Members 
voting, a quorum being present.

 The Speaker may postpone all recorded and yea-nay votes on 
motions to suspend the rules and pass bills and resolutions 
until the end of that legislative day or the next 2 
legislative days. At that time the House disposes of the 
deferred votes consecutively without further debate. After 
the first deferred vote is taken, the Speaker may reduce to 
not less than 5 minutes the time period for subsequent 
deferred votes. If the House adjourns before completing 
action on one or more deferred votes, these must be the first 
order of business on the next legislative day. By eliminating 
intermittent recorded votes on suspensions, this procedure 
reduces interruptions of committee meetings and also reduces 
the time Members spend on suspension days going back and 
forth between the floor and their committee rooms or offices.

 CALENDAR WEDNESDAY

 On Wednesday of each week, unless dispensed with by 
unanimous consent or by affirmative vote of two-thirds of the 
Members voting, a quorum being present, the standing 
committees are called in alphabetical order. A committee when 
named may call up for consideration any bill reported by it 
on a previous day and pending on either the House or Union 
Calendar. Not more than 2 hours of general debate is 
permitted on any measure called up on Calendar Wednesday and 
all debate must be confined to the subject matter of the 
measure, the time being equally divided between those for and 
those against it. The affirmative vote of a simple majority 
of the Members present is sufficient to pass the measure.

 DISTRICT OF COLUMBIA BUSINESS

 The second and fourth Mondays in each month, after the 
disposition of motions to discharge committees and after the 
disposal of business on the Speaker's table requiring only 
referral to committee, are set aside, when claimed by the 
Committee on the District of Columbia, for the consideration 
of any business that is presented by that Committee.

 PRIVILEGED MATTERS

 Under the rules of the House certain matters are regarded as 
privileged matters and may interrupt the order of business, 
for example, reports from the Committee on Rules and reports 
from the Committee on Appropriations on the general 
appropriation bills.

 At any time after the reading of the Journal, a Member, by 
direction of the appropriate committee, may move that the 
House resolve itself into the Committee of the Whole House on 
the State of the Union for the purpose of considering bills 
raising revenues, or general appropriation bills. General 
appropriation bills may not be considered in the House until 
3 calendar days (excluding Saturdays, Sundays, and legal 
holidays) after printed committee reports and hearings on 
them have been available to the Members. The limit on general 
debate is generally fixed by unanimous consent.

 Other examples of privileged matters are conference reports, 
certain amendments to measures by the Senate, veto messages 
from the President of the United States, and resolutions 
privileged pursuant to statute. The Member in charge of such 
a matter may call it up at practically any time for immediate 
consideration. Usually, this is done after consultation with 
both the majority and minority floor leaders so that the 
Members of both parties will have advance notice and will not 
be taken by surprise.

 
 XI. CONSIDERATION

  Our democratic tradition demands that bills be given 
consideration by the entire membership with adequate 
opportunity for debate and the proposing of amendments.

 COMMITTEE OF THE WHOLE HOUSE

 In order to expedite the consideration of bills and 
resolutions, the rules of the House provide for a 
parliamentary usage that enables the House to act with a 
quorum of less than the requisite majority of 218. The House 
resolves itself into the Committee of the Whole House on the 
State of the Union (a quorum of which consists of 100 
Members) to consider a measure. All measures on the Union 
Calendar--involving a tax, making appropriations, or 
authorizing payments out of appropriations already made--must 
be first considered in the Committee of the Whole.

 The Committee on Rules reports a special resolution or 
"rule" allowing for immediate consideration of a measure by 
the Committee of the Whole. After adoption of the resolution 
by the House, the House votes on a motion to resolve itself 
into the Committee of the Whole or, in certain situations, 
the Speaker declares the House resolved into the Committee of 
the Whole without intervening motion. When the House resolves 
into the Committee of the Whole, the Speaker leaves the chair 
after appointing a Chairman to preside.

 The special resolution or "rule" referred to in the 
preceding paragraph also fixes the length of the debate in 
the Committee of the Whole. This may vary according to the 
importance and controversial nature of the measure. As 
provided in the resolution, the control of the time is 
divided equally--usually between the Chairman and the ranking 
minority Member of the committee that reported the measure. 
Members seeking to speak for or against the measure usually 
arrange in advance with the Member in control of the time on 
their respective side to be allowed a certain amount of time 
in the debate. Others may ask the Member speaking at the time 
to yield to them for a question or a brief statement. A 
transcript of the proceedings and debate in the House and the 
Senate is printed daily in the Congressional Record. 
Frequently permission is granted a Member by unanimous 
consent to extend the Member's remarks in the Congressional 
Record if sufficient time to make a lengthy oral statement is 
not available during actual debate.

 The conduct of the debate is governed principally by the 
rules of the House that are adopted at the opening of each 
Congress. Another recognized authority is Jefferson's Manual 
that was prepared by Thomas Jefferson for his own guidance as 
President of the Senate from 1797 to 1801. The House, in 
1837, adopted a rule that still stands, providing that the 
provisions of Jefferson's Manual should govern the House in 
all cases to which they are applicable and in which they are 
not inconsistent with the rules and orders of the House. In 
addition, there is a most valuable compilation of precedents 
up to the year 1935 set out in Hinds' Precedents and Cannon's 
Precedents of the House of Representatives, consisting of 11 
volumes, to guide the action of the House. A later 
compilation, Deschler's Precedents of the House of 
Representatives, covers years 1936 to date. Summaries of the 
House precedents prior to 1959 can be found in a single 
volume entitled Cannon's Procedure in the House of 
Representatives. A later volume, Procedure in the U.S. House 
of Representatives, fourth edition, as supplemented, is a 
compilation of the parliamentary precedents of the House, in 
summary form, together with other useful related material, 
from 1959 to date. Also, various rulings of the Speaker since 
1931 are set out as notes to the current House Rules and 
Manual. Most parliamentary questions arising during the 
course of debate are susceptible of ruling backed up by a 
precedent of action in a similar situation. The 
Parliamentarian of the House is present in the House Chamber 
in order to assist the Chairman or the Speaker in making a 
correct ruling on parliamentary questions.

 SECOND READING

 During the general debate an accurate account is kept of the 
time used on both sides and when all the time allowed under 
the rule has been consumed the Chairman terminates the 
debate. Then begins the "second reading of the bill", section 
by section, at which time amendments may be offered to a 
section when it is read. A Member is permitted 5 minutes to 
explain the proposed amendment, after which the Member who is 
first recognized by the Chair is allowed to speak for 5 
minutes in opposition to it; there is no further debate on 
that amendment, thereby effectively preventing any attempt at 
filibuster tactics. This is known as the "five-minute rule". 
There is, how ever, a device whereby a Member may offer a pro 
forma amendment--"to strike out the last word"--without 
intending any change in the language, and be allowed 5 
minutes for debate, thus permitting a somewhat more 
comprehensive debate. Each amendment is put to the Committee 
of the Whole for adoption. Generally, a pro forma amendment 
is withdrawn. However, in the absence of being withdrawn, it 
must be voted on.

 At any time after a debate is begun under the five-minute 
rule, on proposed amendments to a section or paragraph of a 
bill, the Committee of the Whole may by majority vote of the 
Members present, close debate on the section or paragraph. 
However, if debate is closed on a section or paragraph before 
there has been debate on any amendment that a Member has 
caused to be printed in the Congressional Record after the 
reporting of the bill by the committee but at least one day 
prior to floor consideration of the amendment, the Member who 
caused the amendment to be printed in the Record is given 5 
minutes in which to explain the amendment, after which the 
first person to obtain the floor has 5 minutes to speak in 
opposition to it, and there is no further debate on that 
proposed amendment. However, time for debate is not allowed 
when the offering of the amendment is dilatory. Material 
placed in the Congressional Record must indicate the full 
text of the proposed amendment, the name of the proponent 
Member, the number of the bill to which it will be offered 
and the point in the bill or amendment thereto where the 
amendment is intended to be offered, and must appear in a 
portion of the Record designated for that purpose.

 When an amendment is offered, while the House is meeting in 
the Committee of the Whole, the Clerk is required to transmit 
5 copies of the amendment to the majority committee table, 5 
copies to the minority committee table, and at least one copy 
each to the majority and minority cloak rooms.

 THE COMMITTEE "RISES"

 At the conclusion of the consideration of a bill for 
amendment, the Committee of the Whole "rises" and reports the 
bill to the House with the amendments that have been adopted. 
In rising the Committee of the Whole reverts back to the 
House and the Chairman of the Committee is replaced in the 
chair by the Speaker of the House. The House then acts on the 
bill and any amendments adopted by the Committee of the 
Whole.

 HOUSE ACTION

 Debate is cut off by moving "the previous question". If this 
motion is carried by a majority of the Members voting, a 
quorum being present, all debate is cut off on the bill on 
which the previous question has been ordered. The Speaker 
then puts the question: "Shall the bill be engrossed and read 
a third time?" If this question is decided in the 
affirmative, the bill is read a third time by title only and 
voted on for passage.

 If the previous question has been ordered by the terms of 
the special resolution or "rule" on a bill reported by the 
Committee of the Whole, the House immediately votes on 
whatever amendments have been reported by the Committee in 
the sequence in which they were reported. After completion of 
voting on the amendments, the House immediately votes on the 
passage of the bill with the amendments it has adopted.

 In those cases where the previous question has not been 
ordered, the House may engage in debate lasting one hour, at 
the conclusion of which the previous question is ordered and 
the House votes on the passage of the bill. During the debate 
it is in order to offer amendments to the bill or to the 
Committee amendments.

 The Speaker may postpone a vote on final passage of a bill 
or resolution or agreement to a conference report. A vote may 
be postponed for up to 2 legislative days.

 Measures that do not have to be considered in the Committee 
of the Whole are considered in the House in the first 
instance under the hour rule or in accordance with the terms 
of the special resolution limiting debate on the measure.

 After passage of the bill by the House, a pro forma motion 
to reconsider it is automatically made and laid on the table-
-that is, action is postponed indefinitely--to forestall this 
motion at a later date, because the vote of the House on a 
proposition is not final and conclusive on the House until 
there has been an opportunity to reconsider it.

 MOTIONS TO RECOMMIT

 After the previous question has been ordered on the passage 
of a bill or joint resolution, it is in order to make one 
motion to recommit the bill or joint resolution to a 
committee and the Speaker is required to give preference in 
recognition for that purpose to a Member who is opposed to 
the bill or joint resolution. This motion is normally not 
subject to debate. However, with respect to a motion to 
recommit with instructions after the previous question has 
been ordered, it is in order to debate the motion for 10 
minutes before the vote is taken, except that the majority 
floor manager may demand that the debate be extended to one 
hour. Whatever time is allotted for debate is divided equally 
between the proponents and opponents of the motion.

 QUORUM CALLS AND ROLLCALLS

 In order to speed up and expedite quorum calls and 
rollcalls, the rules of the House provide alternative methods 
for pursuing these procedures.

 In the absence of a quorum, 15 Members, including the 
Speaker, if there is one, are authorized to compel the 
attendance of absent Members. Such a call of the House is 
ordered by a majority vote, and a minority of 15 or more 
favoring a call is not sufficient. A call of the House is 
then ordered, and the Speaker is required to have the call 
taken by electronic device. However, the Speaker instead may 
name one or more clerks "to tell" the Members who are 
present. In that case the names of those present are recorded 
by the clerks, and entered in the Journal of the House and 
absent Members have not less than 15 minutes from the 
ordering of the call of the House to have their presence 
recorded. If sufficient excuse is not offered for their 
absence, by order of a majority of those present, they may be 
sent for by officers appointed by the Sergeant-at-Arms for 
that purpose, and their attendance secured and retained. The 
House then determines the conditions on which they may be 
discharged. Members who voluntarily appear are, unless the 
House otherwise directs, immediately admitted to the Hall of 
the House and they must report their names to the Clerk to be 
entered on the Journal as present. However, the former 
practice of presenting Members at the Bar of the House, 
during a call, is now obsolete, and Members now report to the 
Clerk and are recorded without being formally excused unless 
brought in under compulsion.

 Whenever a quorum fails to vote on any question, and a 
quorum is not present and objection is made for that reason, 
there is a call of the House unless the House adjourns. The 
call is taken by electronic device unless the Speaker orders 
the call in the manner described in the preceding paragraph, 
and the Sergeant-at-Arms proceeds to bring in absent Members. 
The yeas and nays on the pending question are at the same 
time considered as ordered and an automatic rollcall vote is 
taken. The Clerk calls the roll and each Member who is 
present may vote on the pending question as the Member 
answers the roll. After the rollcall is completed, each 
Member, whose attendance was secured, is brought before the 
House by the Sergeant-at-Arms, where the Member's presence is 
noted. The Member then is given an opportunity to vote. If 
those voting on the question and those who are present and 
decline to vote together make a majority of the House, the 
Speaker declares that a quorum is constituted, and the 
pending question is decided according to the will of the 
majority of those voting. Further proceedings under the call 
are considered as dispensed with. At any time after the 
rollcall has been completed, the Speaker may entertain a 
motion to adjourn, if seconded by a majority of those present 
as ascertained by actual count by the Speaker; and if the 
House adjourns, all quorum call proceedings are vacated.

 The rules prohibit points of no quorum (1) before or during 
the daily prayer, (2) during administration of the oath of 
office to the Speaker or any Member, (3) during the reception 
of messages from the President or the Senate, (4) in 
connection with motions incidental to a call of the House, 
and (5) against a vote in which the Committee of the Whole 
agrees to rise (but an appropriate point of no quorum would 
be permitted against a vote defeating a motion to rise). If 
the presence of a quorum has been established at least once 
on any day, further points of no quorum are prohibited (1) 
during the reading of the Journal, (2) between the time a 
Committee of the Whole rises and its Chairman reports, and 
(3) during the period on any legislative day when Members are 
addressing the House under special orders. The language 
prohibiting quorum calls "during any period" when Members are 
speaking under special orders includes the time between 
addresses delivered during this period as well as the 
addresses themselves. Furthermore, a quorum call is not in 
order when no business has intervened since the previous 
call. For the purposes of this provision, all the situations 
described above are not to be considered as "business".

 The rules prohibit points of no quorum when a motion or 
proposition is pending in the House unless the Speaker has 
put the motion or proposition to a vote. However, the Speaker 
has the discretion to recognize a Member of the Speaker's 
choice to move a call of the House.

 The first time the Committee of the Whole finds itself 
without a quorum during any day the Chairman is required to 
order the roll to be called by electronic device, unless the 
Chairman orders a call by naming clerks "to tell" the Members 
as described above. However, the Chairman may refuse to 
entertain a point of order that a quorum is not present 
during general debate. If on a call a quorum appears, the 
Committee continues its business. If a quorum does not 
appear, the Committee rises and the Chairman reports the 
names of the absentees to the House. The rules provide for 
the expeditious conduct of quorum calls in the Committee of 
the Whole. The Chairman may suspend a quorum call after 
determining that a bare or minimum quorum has been reached, 
that is, 100 or more Members. Under such a short quorum call 
the Committee will not rise, and therefore Members' names 
will not be published. Once the presence of a quorum of the 
Committee of the Whole has been established for the day, 
quorum calls in the Committee are only in order when the 
Committee is operating under the five-minute rule and the 
Chairman has put the pending motion or proposition to a vote.

 VOTING

 There are 4 methods of voting in the Committee of the Whole, 
that are also employed, together with an additional method, 
in the House. These are the voice vote (viva voce), the 
division, the teller vote, the recorded vote, and the yea-
and-nay vote that is used only in the House. If a Member 
objects to the vote on the ground that a quorum is not 
present in the House, there may be an automatic rollcall 
vote.

 To obtain a voice vote the Chair states "As many as are in 
favor (as the question may be) say `Aye'." "As many as are 
opposed, say `No'.". The Chair determines the result on the 
basis of the volume of ayes and noes. This is the form in 
which the vote is ordinarily taken in the first instance.

 If it is difficult to determine the result of a voice vote, 
a division may be demanded. The Chair then states that a 
division has been demanded and says "As many as are in favor 
will rise and stand until counted." After counting those in 
favor he calls on those opposed to stand and be counted, 
thereby determining the number in favor of and those opposed 
to the question.

 If a demand for a teller vote is supported by one-fifth of a 
quorum (20 in the Committee of the Whole, and 44 in the 
House), the Chair appoints one or more tellers from each side 
and directs the Members in favor of the proposition to pass 
between the tellers and be counted. After counting, a teller 
announces the number in the affirmative, and the Chair then 
directs the Members opposed to pass between the tellers and 
be counted. When the count is stated by a teller, the Chair 
announces the result.

 If any Member requests a recorded vote and that request is 
supported by at least one-fifth of a quorum of the House, or 
25 Members in the Committee of the Whole, the vote is taken 
by electronic device, unless the Speaker orders clerks "to 
tell", that is, record the names of those voting on each side 
of the question. After the recorded vote is concluded, the 
names of those voting together with those not voting are 
entered in the Journal. Members usually have 15 minutes to be 
counted from the time the recorded vote is ordered or the 
ordering of the clerks "to tell" the vote. The Speaker may 
reduce the period for voting to 5 minutes in certain 
situations.

 In addition to the foregoing methods of voting, in the 
House, if the yeas and nays are demanded, the Speaker directs 
those in favor of taking the vote by that method to stand and 
be counted. The assent of one-fifth of the Members present 
(as distinguished from one-fifth of a quorum in the case of a 
demand for tellers) is necessary for ordering the yeas and 
nays. When the yeas and nays are ordered (or a point of order 
is made that a quorum is not present) the Speaker directs 
that as many as are in favor of the proposition will, as 
their names are called, answer "Aye"; as many as are opposed 
will answer "No". The Clerk calls the roll and reports the 
result to the Speaker who announces it to the House. The 
Speaker is not required to vote unless the Speaker's vote 
would be decisive.

 The rules prohibit a Member from (1) casting another 
Member's vote or recording another Member's presence in the 
House or the Committee of the Whole or (2) authorizing 
another individual to cast a vote or record the Member's 
presence in the House or the Committee of the Whole.

 ELECTRONIC VOTING

 Recorded and rollcall votes are usually taken by electronic 
device, except when the Speaker orders the vote to be 
recorded by other methods prescribed by the rules of the 
House, and in emergency situations, such as, the failure of 
the electronic device to function. In addition, quorum calls 
are generally taken by electronic device. Essentially the 
system works as follows: A number of vote stations are 
attached to selected chairs in the Chamber. Each station is 
equipped with a vote card slot and 4 indicators, marked 
"yea", "nay", "present", and "open". The "open" indicator is 
used only when a vote period is in progress and the system is 
ready to accept votes. Each Member is provided with a 
personalized Vote 09ID Card. A Member votes by inserting the 
voting card into any one of the vote stations and depressing 
the appropriate push button to indicate the Member's choice. 
The machine records the votes and reports the result when the 
vote is completed. In the event the Member is without a Vote 
09ID Card, the Member may still vote by handing a paper 
ballot to the Tally Clerk, who may then record the vote 
electronically according to the indicated preference of the 
Member. The paper ballots are green for "yea", red for "nay", 
and amber for "present".

 PAIRING OF MEMBERS

 When a Member anticipates being unavoidably absent at the 
time a vote is to be taken, the Member may arrange in advance 
to be recorded as being either in favor of, or opposed to, 
the question by being "paired" with a Member who will also be 
absent and who holds contrary views on the question. A 
specific pair of this kind shows how the Member would have 
voted if present. Occasionally, a Member who has arranged in 
advance to be paired, actually is present at the time of 
voting. The Member then votes as if not paired, and 
subsequently withdraws that vote and asks to be marked 
"present" to protect the other Member. This is known as a 
"live pair". If the absence is to continue for several days 
during which a number of different questions are to be voted 
upon the Member may arrange a "general pair". A general pair 
does not indicate how the Member would have voted on the 
question, but merely that the paired Members would not have 
been on the same side of the question.

 Pairs are not counted in determining the vote on the 
question, but, rather, provide an opportunity for absent 
Members to express formally how they would have voted had 
they been present. Pairs are announced by the Clerk of the 
House and are listed in the Congressional Record immediately 
after the names of those Members not voting on the question.

 SYSTEM OF LIGHTS AND BELLS

 Because of the large number and the diversity of daily tasks 
that they have to perform it is not practicable for Members 
to be present in the House (or Senate) Chamber at every 
minute that the body is actually sitting. Furthermore, many 
of the routine matters do not require the personal attendance 
of all the Members. A legislative call system (consisting of 
electric lights and bells or buzzers located in various parts 
of the Capitol Building and of the House and Senate Office 
Buildings) alerts Members to certain occurrences in the House 
and Senate Chambers.

 In the House, the Speaker has ordered that the bells and 
lights comprising the system be utilized as follows:

 1 ring and 1 light on the left--Teller vote.

 1 long ring followed by a pause and then 3 rings and 3 
lights on the left--Start or continuation of a notice or 
short quorum call in the Committee of the Whole that will be 
vacated if and when 100 Members appear on the floor. Bells 
are repeated every 5 minutes unless the call is vacated or 
the call is converted into a regular quorum call.

 1 long ring and extinguishing of 3 lights on the left--Short 
or notice quorum call vacated.

 2 rings and 2 lights on the left--Recorded vote, yea-and-nay 
vote or automatic rollcall vote by electronic device or by 
tellers with ballot cards. The bells are repeated 5 minutes 
after the first ring.

 2 rings and 2 lights on the left followed by a pause and 
then 2 more rings--Automatic rollcall vote or yea-and-nay 
vote taken by a call of the roll in the House. The bells are 
repeated when the clerk reaches the R's in the first call of 
the roll.

 2 rings followed by a pause and then 5 rings--First vote 
under Suspension of the Rules or on clustered votes. 2 bells 
are repeated 5 minutes after the first ring. The first vote 
will take 15 minutes with successive votes at intervals of 
not less than 5 minutes. Each successive vote is signaled by 
5 rings.

 3 rings and 3 lights on the left--Regular quorum call in 
either the House or in the Committee of the Whole by 
electronic device or by clerks. The bells are repeated 5 
minutes after the first ring.

 3 rings followed by a pause and then 3 more rings--Regular 
quorum call by a call of the roll. The bells are repeated 
when the Clerk reaches the R's in the first call of the roll.

 3 rings followed by a pause and then 5 more rings--Quorum 
call in the Committee of the Whole that may be followed 
immediately by a five-minute recorded vote.

 4 rings and 4 lights on the left--Adjournment of the House.

 5 rings and 5 lights on the left--Any five-minute vote.

 6 rings and 6 lights on the left--Recess of the House.

 12 rings at 2-second intervals with 6 lights on the left--
Civil Defense Warning.

 The 7th light indicates that the House is in session.

 BROADCASTING LIVE COVERAGE OF FLOOR PROCEEDINGS

 The rules of the House provide for unedited radio and 
television broadcasting and recording of proceedings on the 
floor of the House. However, the rules prohibit the use of 
these broadcasts and recordings for any political purpose or 
in any commercial advertisement. Likewise, the rules of the 
Senate provide for broadcasting and recording of proceedings 
in the Senate Chamber with similar restrictions.

 
 XII. CONGRESSIONAL BUDGET PROCESS

  The Congressional Budget and Impoundment Control Act of 
l974 provides Congress with a procedure for establishing 
appropriate budget and revenue levels for each year. 
Essentially, the Congressional budget process involves 
"concurrent resolutions on the budget" that are passed each 
year.  These resolutions are designed to coordinate the 
revenue and spending decisions that the various legislative 
committees of Congress make in acting on measures within 
their respective jusrisdictions in order to provide fiscal 
discipline for Congress.

 Congress must complete action on a concurrent resolution on 
the budget for the next fiscal year by April 15. This 
resolution sets levels of new budget authority and spending, 
revenue, and debt levels. However, Congress may adopt a later 
budget resolution that revises or reaffirms the most recently 
adopted budget resolution.

 One of the mechanisms Congress uses to enforce projected 
budget authority and spending, revenue, and debt levels is 
called the reconciliation process. Under reconciliation, 
Congress in a budget resolution directs one or more of the 
legislative committees to determine and recommend changes in 
laws or bills that will achieve the levels set by the budget 
resolution. The directions to the committees specify the 
total amounts that must be changed but leaves to the 
discretion of the committees the changes that must be made to 
achieve the required levels.

 If only one committee has been directed to recommend 
changes, that committee reports its reconciliation 
legislation directly to the floor for consideration by the 
whole House. How ever, if more than one committee has been 
directed to make changes, the committees report the 
recommended changes to the Committee on the Budget. The 
Committee then reports an omnibus reconciliation bill to the 
floor for consideration by the whole House. The Committee may 
not change the reconciliation legislation substantively.

 When changes are to be made in legislation that already has 
been enacted or enrolled (for an explanation of enrollment, 
see Part XVII), the vehicle used is a reconciliation bill 
that is enacted in the same manner as any other bill. 
However, if changes are to be made in bills or resolutions 
that have not been enrolled yet, Congress enacts the changes 
in a concurrent resolution not requiring approval of the 
President. The concurrent resolution directs the Clerk of the 
House or the Secretary of the Senate to make the necessary 
changes in the bill or resolution as directed by the 
reconciliation resolution. Congress must complete action on a 
reconciliation bill or resolution by June 15 of each year.

 Generally, after Congress has completed action on a 
concurrent resolution on the budget for a fiscal year, it is 
not in order to consider legislation that does not conform to 
the budget authority and spending, revenue, and debt levels 
set for that fiscal year.

 In 1985, Congress enacted legislation establishing a 
procedure to gradually reduce the Federal deficit to zero. 
The current target date for a zero deficit is 1993. Under the 
new procedure, if the estimated deficit for a fiscal year 
exceeds the statutory level for that year, across-the-board 
cuts in the Federal budget (with certain exceptions) would go 
into effect automatically pursuant to order of the President.

 
 XIII. ENGROSSMENT AND MESSAGE TO SENATE

  The preparation of a copy of the bill in the form in which 
it has passed the House is sometimes a detailed and 
complicated process because of the large number and 
complexity of amendments to some bills adopted by the House. 
Frequently these amendments are offered during a spirited 
debate with little or no prior formal preparation. The 
amendment may be for the purpose of inserting new language, 
substituting different words for those set out in the bill, 
or deleting portions of the bill. It is not unusual to have 
more than 100 amendments, including those proposed by the 
committee at the time the bill is reported and those offered 
from the floor during the consideration of the bill in the 
Chamber. Some of the amendments offered from the floor are 
written in longhand and others are typewritten. Each 
amendment must be inserted in precisely the proper place in 
the bill, with the spelling and punctuation exactly the same 
as it was adopted by the House. Obviously, it is extremely 
important that the Senate receive a copy of the bill in the 
precise form in which it has passed the House. The 
preparation of such a copy is the function of the enrolling 
clerk.

 There is an enrolling clerk in each House. In the House, the 
enrolling clerk is under the Clerk of the House. In the 
Senate, the enrolling clerk is under the Secretary of the 
Senate. The enrolling clerk receives all the papers relating 
to the bill, including the official Clerk's copy of the bill 
as reported by the standing committee and each amendment 
adopted by the House. From this material the enrolling clerk 
prepares the engrossed copy of the bill as passed, containing 
all the amendments agreed to by the House. At this point, the 
measureceases technically to be called a bill and is termed 
"an act signifying that it is the act of one body of the 
Congress, although it is still popularly referred to as a 
bill. The engrossed bill is printed on blue paper and a 
certificate that it passed the House of Representatives is 
signed by the Clerk of the House. The engrossed bill is 
delivered by a reading clerk to the Senate, while that body 
is actually sitting, in a rather formal ceremonious manner 
befitting the dignity of both Houses. The reading clerk is 
escorted into the Chamber by the Secretary or another officer 
of the Senate and on being recognized by the Presiding 
Officer of the Senate states that the House has passed the 
bill, giving its number and title, and requests the 
concurrence of the Senate.

 
 XIV. SENATE ACTION

  The Presiding Officer of the Senate refers the engrossed 
bill to the appropriate standing committee of the Senate in 
conformity with the rules of the Senate. The bill is 
reprinted immediately and copies are made available in the 
document rooms of both Houses. This printing is known as the 
"Act print" or the "Senate referred print".

 COMMITTEE CONSIDERATION

 Senate committees give the bill the same kind of detailed 
consideration as it received in the House, and may report it 
with or without amendment or "table" it. A committee Member 
who wishes to express an individual view, or a group of 
Members who wish to file a minority report, may do so, by 
giving notice, at the time of the approval of the measure, of 
an intention to file supplemental, minority or additional 
views, in which event those views may be filed within 3 days 
with the clerk of the committee and they become a part of the 
report.

 When a committee reports a bill, it is reprinted with the 
committee amendments indicated by showing new matter in 
italics and deleted matter in line-through type. The calendar 
number and report number are indicated on the first and back 
pages, together with the name of the Senator making the 
report. The committee report and any minority or individual 
views accompanying the bill also are printed at the same 
time. Any Senator may enter a motion to discharge a committee 
from further consideration of a bill that it has failed to 
report after what is deemed to be a reasonable time. If the 
motion is agreed to by a majority vote, the committee is 
discharged and the bill is placed on the Calendar of Business 
under the rules of the Senate.

 All committee meetings, including those to conduct hearings, 
must be open to the public. However, a majority of the 
Members of a committee or subcommittee may, after discussion 
in closed session, vote in open session to close a meeting or 
series of meetings on the same subject for no longer than 14 
days if it is determined that the matters to be discussed or 
testimony to be taken will disclose matters necessary to be 
kept secret in the interests of national defense or the 
confidential conduct of the foreign relations of the United 
States; will relate solely to internal committee staff 
management or procedure; will tend to charge an individual 
with a crime or misconduct, to disgrace or injure the 
professional standing of an individual, or otherwise to 
expose an individual to public contempt, or will represent a 
clearly unwarranted invasion of the privacy of an individual; 
will disclose law enforcement information that is required to 
be kept secret; will disclose certain information regarding 
certain trade secrets; or may disclose matters required to be 
kept confidential under other provisions of law or Government 
regulation.

 CHAMBER PROCEDURE

 The rules of procedure in the Senate differ to a large 
extent from those in the House. The Senate relies heavily on 
the practice of obtaining unanimous consent for actions to be 
taken. For example, at the time that a bill is reported, the 
Senator who is making the report may ask unanimous consent 
for the immediate consideration of the bill. If the bill is 
of a noncontroversial nature and there is no objection, the 
Senate may pass the bill with little or no debate and with 
only a brief explanation of its purpose and effect. Even in 
this instance the bill is subject to amendment by any 
Senator. A simple majority vote is necessary to carry an 
amendment as well as to pass the bill. If there is any 
objection, the report must lie over one day and the bill is 
placed on the calendar.

 Measures reported by standing committees of the Senate may 
not be considered unless the report of that committee has 
been available to Senate Members for at least 2 days 
(excluding Sundays and legal holidays) prior to consideration 
of the measure in the Senate. This requirement, however, may 
be waived by agreement of the majority and minority leaders 
and does not apply in certain emergency situations.

 In the Senate, measures are brought up for consideration by 
a simple unanimous consent request, by a complex unanimous 
consent agreement, by a motion to proceed to the 
consideration of a measure, or by a motion to consider a 
measure on the calendar. A unanimous consent agreement, 
sometimes referred to as a "time agreement", makes the 
consideration of a measure in order and often limits the 
amount of debate that will take place on the measure and 
lists the amendments that will be considered. The offering of 
a unanimous consent request to consider a measure or the 
offering of a motion to proceed to the consideration of a 
measure is reserved, by tradition, to the majority leader.

 Usually a motion to consider a measure on the calendar is 
made only when unanimous consent to consider the measure 
cannot be obtained. There is only one Calendar of Business in 
the Senate, there being no differentiation, as there is in 
the House, between (1) bills raising revenue, general 
appropriation bills, and bills of a public character 
appropriating money or property, and (2) other bills of a 
public character not appropriating money or property.

 The rules of the Senate provide that at the conclusion of 
the morning business for each "legislative day" the Senate 
proceeds to the consideration of the calendar. In the Senate, 
the term "legislative day" means the period of time from when 
the Senate adjourns until the next time the Senate adjourns. 
Because the Senate often "recesses" rather than "adjourns" at 
the end of a daily session, the "legislative day" usually 
does not correspond to the 24-hour period comprising a 
calendar day. Thus, a "legislative day" may cover a long 
period of time--from days to weeks, or even months. Because 
of this and the modern practice of waiving the call of the 
calendar by unanimous consent at the start of a new 
"legislative day", it is rare to have a call of the calendar. 
When the calendar is called, bills that are not objected to 
are taken up in their order, and each Senator is entitled to 
speak once and for 5 minutes only on any question. Objection 
may be interposed at any stage of the proceedings, but on 
motion the Senate may continue consideration after the call 
of the calendar is completed, and the limitations on debate 
then do not apply.

 On any day (other than a Monday that begins a new 
"legislative day"), following the announcement of the close 
of morning business, any Senator obtaining recognition may 
move to take up any bill out of its regular order on the 
calendar. Usually, this is the majority leader. The five-
minute limitation on debate does not apply to the 
consideration of a bill taken up in this manner, and debate 
may continue until the hour when the Presiding Officer of the 
Senate "lays down" the un finished business of the day. At 
that point consideration of the bill is discontinued and the 
measure reverts back to the Calendar of Business and may 
again be called up at another time under the same conditions.

 When a bill has been objected to and passed over on the call 
of the calendar it is not necessarily lost. The majority 
leader, after consulting the majority policy committee of the 
Senate and the minority leadership, determines the time at 
which the bill will be called up for debate. At that time, a 
motion is made to consider the bill. The motion is debatable 
if made after the morning hour.

 Once a Senator is recognized by the Presiding Officer, the 
Senator may speak for as long as the Senator wishes and loses 
the floor only when the Senator yields it or takes certain 
parliamentary actions that forfeit the Senator's right to the 
floor. How ever, a Senator may not speak more than twice on 
any one question in debate on the same legislative day 
without leave of the Senate. Debate ends when a Senator 
yields the floor and no other Senator seeks recognition, or 
when a unanimous consent agreement limiting the time of 
debate is operating.

 On occasion, Senators opposed to a measure may extend debate 
by making lengthy speeches intended to prevent or defeat 
action on the measure. This is the tactic known as 
"filibustering". Debate, however, may be closed if 16 
Senators sign a motion to that effect and the motion is 
carried by three-fifths of the Senators duly chosen and 
sworn. Such a motion is voted on without debate on the second 
day after the day it is filed. This procedure is called 
"invoking cloture". In 1986, the Senate amended its rules to 
limit "post-cloture" debate to 30 hours. A Senator may speak 
for not more than one hour and may yield all or a part of 
that time to the majority or minority floor managers of the 
bill under consideration or to the majority or minority 
leader. The Senate may increase the time for "post-cloture" 
debate by a vote of three-fifths of the Senators duly chosen 
and sworn. After the time for debate has expired, the Senate 
may consider certain amendments before voting on the bill.

 While a measure is being considered it is subject to 
amendment and each amendment, including those proposed by the 
committee that reported the bill, is considered separately. 
Generally, there is no requirement that proposed amendments 
be germane to the subject matter of the bill except in the 
case of general appropriation bills. Under the rules, a 
"rider" (an amendment proposing substantive legislation to an 
appropriation bill) is prohibited, but this prohibition may 
be suspended by two-thirds vote on a motion to permit 
consideration of such an amendment on one day's notice in 
writing. Debate on the measure must be germane during the 
first 3 hours after the morning hour unless determined to the 
contrary by unanimous consent or on motion without debate. 
After final action on the amendments the bill is ready for 
engrossment and the third reading, which is usually by title 
only, although if demanded, it must be read in full. The 
Presiding Officer then puts the question on the passage and a 
voice vote (viva voce) is usually taken although a yea-and-
nay vote is in order if demanded by one-fifth of the Senators 
present. A simple majority is necessary for passage. Before 
an amended measure is cleared for its return to the House of 
Representatives (or an unamended measure is cleared for 
enrollment), a Senator who voted with the prevailing side, or 
who abstained from voting, may make a motion within the next 
2 days to reconsider the action. If the measure was passed 
without a recorded vote, any Senator may make the motion to 
reconsider. That motion is usually tabled and its tabling 
constitutes a final determination. If, however, the motion is 
granted, the Senate, by majority vote, may either affirm its 
action, which then becomes final, or reverse it.

 The original engrossed House bill, together with the 
engrossed Senate amendments, if any, is then returned to the 
House with a message stating the action taken by the Senate. 
Where amendments have been made by the Senate the message 
requests that the House concur in them.

 For a more detailed discussion of Senate procedure, see 
Senate Document No. 97-20 of the 97th Congress, second 
session, Enactment of a Law, by Robert B. Dove, then 
Parliamentarian of the Senate.

 
 XV. FINAL ACTION ON AMENDED BILl

  On their return to the House the official papers relating 
to the amended measure are placed on the Speaker's table to 
await House action on the Senate amendments. If the 
amendments are of a minor or noncontroversial nature the 
Chairman of the committee that originally reported the bill--
or any Member--may, at the direction of the committee, ask 
unanimous consent to take the bill with the amendments from 
the Speaker's table and agree to the Senate amendments. At 
this point the Clerk reads the title of the bill and the 
Senate amendments. If there is no objection, the amendments 
are then declared to be agreed to, and the bill is ready to 
be enrolled for presentation to the President. Lacking 
unanimous consent, bills that do not require consideration in 
the Committee of the Whole are privileged and may be called 
up from the Speaker's table by motion for immediate 
consideration of the amendments. A simple majority is 
necessary to carry the motion and thereby complete floor 
action on the measure. A Senate amendment to a House bill is 
subject to a point of order that it must first be considered 
in the Committee of the Whole, if, originating in the House, 
it would be subject to that point.

 REQUEST FOR A CONFERENCE

 If, however, the amendments are substantial or controversial 
the Member may request unanimous consent to take the bill 
with the Senate amendments from the Speaker's table, disagree 
to the amendments and request a conference with the Senate to 
resolve the disagreeing votes of the 2 Houses. If there is 
objection it becomes necessary to obtain a special resolution 
from the Committee on Rules. However, the Speaker may 
recognize a Member for a motion, authorized by the committee 
having jurisdiction over the subject matter of the bill, to 
disagree to the amendments and ask for a conference. If there 
is no objection to the request, or if the motion is carried, 
the Speaker then appoints the managers (as the conferees are 
called) on the part of the House and a message is sent to the 
Senate advising it of the House action. A majority of the 
Members appointed to be managers must have been supporters of 
the House position, as determined by the Speaker. The Speaker 
must name Members primarily responsible for the legislation 
and must include, to the fullest extent feasible, the 
principal proponents of the major provisions of the bill as 
it passed the House. The Speaker usually follows the 
suggestions of the Chairman of the committee in charge of the 
bill in designating the managers on the part of the House 
from among the Members of the committee. The number is fixed 
by the Speaker and majority party representation generally 
reflects the ratio for the full House committee, but may be 
greater on important bills. Representation of both major 
parties is an important attribute of all our parliamentary 
procedures but, in the case of conference committees, it is 
important that the views of the House on the House measure be 
fully repre sented.

 If the Senate agrees to the request for a conference, a 
similar committee is appointed by unanimous consent by the 
Presiding Officer of the Senate. Both political parties may 
be represented on the Senate conference committee also. The 
Senate and House committees need not be the same size.

 The conference committee is sometimes popularly referred to 
as the "Third House of Congress".

 The request for a conference can be made only by the body in 
possession of the official papers. Occasionally the Senate, 
anticipating that the House will not concur in its 
amendments, votes to insist on its amendments and requests a 
conference on passage of the bill prior to returning the bill 
to the House. This practice serves to expedite the matter 
because several days' time may be saved by the designation of 
the Senate conferees before returning the bill to the House. 
The matter of which body requests the conference is not 
without significance because the one asking for the 
conference acts last on the report to be submitted by the  
conferees.

 AUTHORITY OF CONFEREES

 Although the managers on the part of each House meet 
together as one committee they are in effect 2 separate 
committees, each of which votes separately and acts by a 
majority vote. For this reason the number of managers from 
each House is largely immaterial.

 The conferees are strictly limited in their consideration to 
matters in disagreement between the 2 Houses. Consequently, 
they may not strike out or amend any portion of the bill that 
was not amended by the Senate. Furthermore, they may not 
insert new matter that is not germane to the differences 
between the 2 Houses. Where the Senate amendment revises a 
figure or an amount contained in the bill, the conferees are 
limited to the difference between the 2 numbers and may not 
increase the greater nor decrease the smaller figure. Neither 
House may alone, by instructions, empower its managers to 
make a change in the text to which both Houses have agreed, 
but the managers for both bodies may be given that authority 
by a concurrent resolution adopted by a majority of each 
House.

 When a disagreement to an amendment in the nature of a 
substitute is committed to a conference committee it is in 
order for the managers on the part of the House to propose a 
substitute which is a germane modification of the matter in 
disagreement, but the introduction of language in that 
substitute presenting a specific additional topic, question, 
issue, or proposition not committed to the conference 
committee by either House does not constitute a germane 
modification of the matter in disagreement. Moreover, their 
report may not include matter not committed to the conference 
committee by either House, nor may their report include a 
modification of any specific topic, question, issue, or 
proposition committed to the conference committee by either 
or both Houses if that modification is beyond the scope of 
that specific topic, question, issue, or proposition as 
committed to the conference committee.

 An amendment by the Senate to a general appropriation bill 
which would be in violation of the rules of the House, if the 
amendment had originated in the House, or an amendment by the 
Senate providing for an appropriation on a bill other than a 
general appropriation bill, may not be agreed to by the 
managers on the part of the House, unless a specific 
authority to agree to such an amendment is given first by the 
House by a separate vote on each specific amendment.

 MEETINGS AND ACTION OF CONFEREES

 The rules of the House require that conference meetings be 
open, unless the House, in open session, determines by a 
rollcall vote of a majority of those Members voting that all 
or part of the meeting will be closed to the public. When the 
report of the conference committee is read in the House, a 
point of order may be made that the conferees failed to 
comply with the House rule referred to in the preceding 
sentence. If the point of order is sustained, the conference 
report is considered rejected by the House and a new 
conference is  requested.

 There are generally 4 forms of recommendations available to 
the conferees when reporting back to their bodies:

 (1) The Senate recede from all (or certain of) its 
amendments.

 (2) The House recede from its disagreement to all (or 
certain of) the Senate amendments and agree thereto.

 (3) The House recede from its disagreement to all (or 
certain of) the Senate amendments and agree thereto with 
amendments.

 (4) The House recede from all (or certain of) its amendments 
to the Senate amendments.

 In many instances the result of the conference is a 
compromise growing out of the third type of recommendation 
available to the conferees. The complete report may, of 
course, be comprised of any one or more of these 
recommendations with respect to the various amendments. 
Occasionally, the conferees find themselves unable to reach 
an agreement with respect to one or more amendments and 
report back a statement of their inability to agree on those 
particular amendments. These may then be acted upon 
separately. This partial disagreement is, of course, not 
practicable where the Senate strikes out all after the 
enacting clause and substitutes its own bill which must be 
considered as a single amendment.

 If they are unable to reach any agreement whatsoever, the 
conferees report that fact to their respective bodies and the 
amendments are in the position they were before the 
conference was requested. New conferees may be appointed in 
either or both Houses. In addition, the Houses may instruct 
the conferees as to the position they are to take.

 After House conferees on any bill or resolution in 
conference between the 2 bodies have been appointed for 20 
calendar days and have failed to make a report, the rules of 
the House provide for a motion of the highest privilege to 
instruct the House conferees or discharge them and appoint 
new conferees. Further, during the last 6 days of a session 
it is a privileged motion to move to discharge, appoint, or 
instruct House conferees after House conferees have been 
appointed 36 hours without having made a report.

 CONFERENCE REPORTS

 When the conferees, by majority vote of each group, have 
reached complete agreement (or find that they are able to 
agree with respect to some but not all amendments) they make 
their recommendations in a report made in duplicate that must 
be signed by a majority of the conferees appointed by each 
body. The minority portion of the managers have no authority 
to file a statement of minority views in connection with the 
report. The report is required to be printed in both Houses 
and must be accompanied by an explanatory statement prepared 
jointly by the conferees on the part of the House and the 
conferees on the part of the Senate. The statement must be 
sufficiently detailed and explicit to inform Congress as to 
the effect that the amendments or propositions contained in 
the report will have on the measure to which those amendments 
or propositions relate. The engrossed bill and amendments and 
one copy of the report are delivered to the body that is to 
act first on the report; namely, the body that had agreed to 
the conference requested by the other.

 In the Senate, the presentation of the report always is in 
order except when the Journal is being read or a point of 
order or motion to adjourn is pending, or while the Senate is 
voting or ascertaining the presence of a quorum. When the 
report is received, the question of proceeding to the 
consideration of the report, if raised, is immediately voted 
on without debate. The report is not subject to amendment in 
either body and must be accepted or rejected as an entirety. 
If the time for debate on the adoption of the report is 
limited, the time allotted must be equally divided between 
the majority and minority party. If the Senate, acting first, 
does not agree to the report it may by majority vote order it 
recommitted to the conferees. When the Senate agrees to the 
report, its managers are thereby discharged and it then 
delivers the original papers to the House with a message 
advising that body of its action.

 A report that contains any recommendations which go beyond 
the differences between the 2 Houses is subject to a point of 
order in its entirety. Any change in the text as agreed to by 
both Houses renders the report subject to the point of order 
and the matter is before the House de novo.

 The presentation of the report in the House always is in 
order, except when the Journal is being read, while the roll 
is being called, or the House is dividing on any proposition. 
The report is considered in the House and may not be sent to 
the Committee of the Whole on the suggestion that it contains 
matters ordinarily requiring consideration in that Committee. 
The report may not be received by the House if the required 
statement does not accompany it.

 It is, however, not in order to consider either (1) a 
conference report or (2) an amendment (including an amendment 
in the nature of a substitute) proposed by the Senate to a 
measure reported in disagreement between the 2 Houses, by a 
conference report, that the conferees have been unable to 
agree, until the third calendar day (excluding Saturdays, 
Sundays, and legal holidays) after the report and 
accompanying statement have been filed in the House, and 
consideration then is in order only if the report and 
accompanying statement have been printed in the edition of 
the Congressional Record for the day on which the report and 
statement have been filed. However, these provisions do not 
apply during the last 6 days of the session. Nor is it in 
order to consider a conference report or such an amendment 
unless copies of the report and accompanying statement, 
together with the text of the amendment, have been available 
to Members for at least 2 hours before the beginning of 
consideration. However, it is always in order to call up for 
consideration a report from the Committee on Rules only 
making in order the consideration of a conference report or 
such an amendment notwithstanding the requirement that the 
report and text of the amendment be available for at least 2 
hours before the beginning of consideration. The time 
allotted for debate on a conference report or such an 
amendment is divided equally between the majority party and 
the minority party. However, if the majority and minority 
floor managers both are supporters of the conference report, 
one-third of the debate time must be allotted to a Member who 
is opposed to the conference report. If the House does not 
agree to a conference report that the Senate has already 
agreed to, the report may not be recommitted to conference 
because the Senate conferees are discharged when the Senate 
agrees to the report.

 When a conference report is called up before the House 
containing matter which would be in violation of the rules of 
the House with respect to germaneness if the matter had been 
offered as an amendment in the House, and which is contained 
either (1) in a Senate amendment to that measure (including a 
Senate amendment in the nature of a substitute for the text 
of that measure as passed by the House) and accepted by the 
House conferees or agreed to by the conference committee with 
modification or (2) in a substitute agreed to by the 
conference committee, it is in order, at any time after the 
reading of the report is completed or dispensed with and 
before the reading of the statement, to make a point of order 
that nongermane matter, which must be specified in the point 
of order, is contained in the report. It is also in order to 
make a point of order to nongermane Senate matter in the 
conference report that originally appeared in the Senate bill 
but was not included in the House-passed version. If the 
point of order is sustained, it is then in order for the 
Chair to entertain a motion, that is of high privilege, that 
the House reject the nongermane matter covered by the point 
of order. It is in order to debate the motion for 40 minutes, 
one-half of the time to be given to debate in favor of, and 
one-half in opposition to, the motion. Notwithstanding the 
final disposition of a point of order made with respect to 
the report, or of a motion to reject nongermane matter, 
further points of order may be made with respect to the 
report, and further motions may be made to reject other 
nongermane matter in the conference report not covered by any 
previous point of order which has been sustained. If a motion 
to reject has been adopted, after final disposition of all 
points of order and motions to reject, the conference report 
is considered as rejected and the question then pending 
before the House is whether (1) to recede and concur with an 
amendment that consists of that portion of the conference 
report not rejected or (2) to insist on the House amendment 
with respect to nongermane Senate matter that originally 
appeared in the Senate bill but was not included in the 
House-passed version. If all motions to reject are defeated, 
then, after the allocation of time for debate on the 
conference report, it is in order to move the previous 
question on the adoption of the conference report.

 Similar procedures are available in the House when the 
Senate proposes an amendment to a measure that would be in 
violation of the rule against nongermane amendments, and 
thereafter it is (1) reported in disagreement by a committee 
of conference or (2) before the House and the stage of 
disagreement is reached.

 The amendments of the Senate in disagreement may be voted on 
separately and may be adopted by a majority vote after the 
adoption of the conference report itself as though no 
conference had been had with respect to those amendments. The 
Senate may recede from all amendments, or from certain of its 
amendments, insisting on the others with or without a request 
for a conference with respect to them. If the House does not 
accept the amendments insisted on by the Senate the entire 
conference process begins again with respect to them.

 CUSTODY OF PAPERS

 The custody of the original official papers is important in 
conference procedure because either body may act only when in 
possession of the papers. As indicated above the request for 
a conference may be made only by the body in possession. The 
papers are then transmitted to the body agreeing to the 
conference and by it to the managers of the House that asked 
for the conference. The latter in turn carry the papers with 
them to the conference and at its conclusion turn them over 
to the managers of the House that agreed to the conference. 
The latter deliver them to their own House, that acts first 
on the report and then delivers the papers to the other House 
for final action on the report.

 Each group of conferees, at the conclusion of the 
conference, retains one copy of the report that has been made 
in duplicate, and signed by a majority of the managers of 
each body--the House copy signed first by the House managers 
and the Senate copy signed first by its managers.

 Obviously a bill cannot become a law of the land until it 
has been approved in identical terms by both Houses of the 
Congress. When the bill has finally been approved by both 
Houses all the original papers are transmitted to the 
enrolling clerk of the body in which the bill originated.

 
 XVI. BILL ORIGINATING IN SENATE

  The preceding discussion has described the legislative 
process for bills originating in the House. When a bill 
originates in the Senate, this process is reversed. When the 
Senate passes a bill that originated in the Senate, it is 
sent to the House for consideration. The bill is referred to 
the appropriate House committee for consideration. If the 
committee reports the bill to the full House and if the bill 
is passed by the House without amendment, it is ready for 
enrollment. (See Part XVII.) If the House passes an amended 
version of the Senate bill, the bill is returned to the 
Senate for action on the House amendments. The Senate may 
agree to the amendments or request a conference to resolve 
the disagreement over the House amendments.

 
 XVII. ENROLLMENT

  When the bill has been agreed to in identical form by both 
bodies--either without amendment by the Senate, or by House 
concurrence in the Senate amendments, or by agreement in both 
bodies to the conference report--a copy of the bill is 
enrolled for presentation to the President.

 The preparation of the enrolled bill is a painstaking and 
important task because it must reflect precisely the effect 
of all amendments, either by way of deletion, substitution, 
or addition, agreed to by both bodies. The enrolling clerk of 
the House (with respect to bills originating in the House) 
receives the original engrossed bill, the engrossed Senate 
amendments, the signed conference report, the several 
messages from the Senate, and a notation of the final action 
by the House, for the purpose of preparing the enrolled copy. 
From these the enrolling clerk must prepare meticulously the 
final form of the bill, as it was agreed to by both Houses, 
for presentation to the President. On occasion there have 
been upward of 500 amendments, particularly after a 
conference, each of which must be set out in the enrollment 
exactly as agreed to, and all punctuation must be in accord 
with the action taken.

 The enrolled bill is printed on parchment paper, with a 
certificate on the reverse side of the last page, to be 
signed by the Clerk of the House stating that the bill 
originated in the House of Representatives (or by the 
Secretary of the Senate when the bill has originated in that 
body). It is examined for accuracy by the Committee on House 
Administration (or by the Secretary of the Senate when the 
bill originated in that body). When the Committee is 
satisfied with the accuracy of the bill the Chairman of the 
Committee attaches a slip stating that it finds the bill 
truly enrolled and sends it to the Speaker of the House for 
signature. All bills, regardless of the body in which they 
originated, are signed first by the Speaker and then by the 
Vice President of the United States, who, under the 
Constitution, serves as the President of the Senate. The 
Speaker of the House may sign enrolled bills whether or not 
the House is in session. The President of the Senate may sign 
bills only while the Senate is actually sitting unless 
advance permission is granted to sign during a recess or 
after adjournment. If the Speaker or the President of the 
Senate is unable to sign the bill, it may be signed by the 
authorized presiding officer of the respective House. After 
both signatures are affixed the bill is returned to the 
Committee for the purpose of being presented to the President 
for action under the Constitution.

 
 XVIII. PRESIDENTIAL ACTION

  Article I, Section 7, of the Constitution provides in part 
that--

 Every Bill which shall have passed the House of 
Representatives and the Senate, shall, before it becomes a 
Law, be presented to the President of the United States.

 
 In actual practice a clerk of the Committee on House 
Administration (or the Secretary of the Senate when the bill 
originated in that body) delivers the original enrolled bill 
to an employee at the White House and obtains a receipt, and 
the fact of the delivery is then reported to the House by the 
Chairman of the Committee. Delivery to a White House employee 
has customarily been regarded as presentation to the 
President and as commencing the 10-day Constitutional period 
for Presidential action.

 Copies of the enrolled bill usually are transmitted by the 
White House to the various departments interested in the 
subject matter so that they may advise the President who, of 
course, cannot be personally familiar with every item in 
every bill.

 If the President approves the bill, he signs it and usually 
writes the word "approved" and the date, although the 
Constitution requires only that the President sign it.

 The Supreme Court has stated that undoubtedly the President 
when approving bills may be said to participate in the 
enactment of laws, which the Constitution requires the 
President to execute.

 The bill may become law without the President's signature by 
virtue of the Constitutional provision that if the President 
does not return a bill with objections within 10 days 
(excluding Sundays) after it has been presented to the 
President, it shall be a law in like manner as if the 
President had signed it. However, if Congress by their 
adjournment prevent its return, it does not become law. The 
latter event is what is known as a "pocket veto", that is, 
the bill does not become law even though the President has 
not sent his objections to the Congress.

 Notice of the signing of a bill by the President is sent 
usually by message to the House in which it originated and 
that House informs the other, although this action is not 
necessary to the validity of the act. The action is also 
noted in the Congressional Record.

 A bill becomes law on the date of approval (or passage over 
the President's veto), unless it expressly provides a 
different effective date.

 VETO MESSAGE

 By the terms of the Constitution, if the President does not 
approve the bill "he shall return it, with his Objections to 
that House in which it shall have originated, who shall enter 
the Objections at large on their Journal, and proceed to 
reconsider it". It is the usual but not invariable rule that 
a bill returned with the President's objections, must be 
voted on at once and when laid before the House the question 
on the passage is considered as pending. A vetoed bill is 
always privileged, and a motion to take it from the table is 
in order at any time.

 The Member in charge moves the previous question which is 
put by the Speaker, as follows: "The question is, Will the 
House on reconsideration agree to pass the bill, the 
objections of the President to the contrary 
notwithstanding?". The Clerk calls the roll and those in 
favor of passing the bill answer "Aye", and those opposed 
"No". If fewer than two-thirds of the Members present 
(constituting a quorum) vote in the affirmative the bill is 
killed, and a message is usually sent to the Senate advising 
that body of the decision that the bill shall not pass. If, 
however, two-thirds vote in the affirmative, the bill is sent 
with the President's objections to the Senate together with a 
message advising it of the action in the House.

 There is a similar procedure in the Senate where again a 
two-thirds affirmative vote is necessary to pass the bill 
over the President's objections. If then passed by the Senate 
the measure becomes the law of the land notwithstanding the 
objections of the President, and it is ready for publication 
as a binding statute.

 
 XIX. PUBLICATION

  One of the important steps in the enactment of a valid law 
is the requirement that it shall be made known to the people 
who are to be bound by it. Obviously, there would be no 
justice if the state were to hold its people responsible for 
their conduct before it made known to them the unlawfulness 
of such behavior. That idea is implicit in the Constitutional 
prohibition against enacting ex post facto laws. In practice, 
our laws are published immediately upon their enactment so 
that they may be known to the people.

 If the President approves a bill, or allows it to become law 
without signing it, the original enrolled bill is sent from 
the White House to the Archivist of the United States for 
publication. If a bill is passed by both Houses over the 
objections of the President the body that last overrides the 
veto likewise transmits it. There it is assigned a public law 
number, and paginated for the Statutes at Large volume 
covering that session of Congress. The public and private law 
numbers run in sequence starting anew at the beginning of 
each Congress, and since 1957 are prefixed for ready 
identification by the number of the Congress--that is, the 
first public law of the 101st Congress is designated Public 
Law 101-1 and the first private law of the 101st Congress is 
designated Private Law 101-1. Subsequent laws of this 
Congress also will contain the same prefix designator.

 SLIP LAWS

 The first official publication of the statute is in the form 
generally known as the "slip law". In this form, each law is 
published separately as an unbound pamphlet. The heading 
indicates the public or private law number, the date of 
approval, and the bill number. The heading of a slip law for 
a public law also indicates the United States Statutes at 
Large citation. If the statute has been passed over the veto 
of the President, or has become law without the President's 
signature because he did not return it with objections, an 
appropriate statement is inserted in lieu of the usual 
notation of approval.

 The Office of the Federal Register, National Archives and 
Records Administration, which prepares the slip laws, 
provides marginal editorial notes giving the citations to 
laws mentioned in the text and other explanatory details. The 
marginal notes also give the United States Code 
classifications, thus enabling the reader immediately to 
determine where the statute will appear in the Code. Each 
slip law also includes an informative guide to the 
legislative history of the law consisting of the committee 
report number, the name of the committee in each House, as 
well as the date of consideration and passage in each House, 
with a reference to the Congressional Record by volume, year, 
and date. A reference to Presidential statements--relating to 
the approval of a bill (or the veto of a bill when the veto 
was overridden and the bill becomes law)--is included in the 
legislative history in the form of a citation to the Weekly 
Compilation of Presidential Documents.

 Copies of the slip laws are delivered to the document rooms 
of both Houses where they become available to officials and 
the public. They may also be obtained by annual subscription 
or individual purchase from the Superintendent of Documents, 
U.S. Government Printing Office.

 Section 113 of title 1 of the United States Code provides 
that slip laws are competent evidence in all the courts, 
tribunals and public offices of the United States, and of the 
several States.

 STATUTES AT LARGE

 For the purpose of providing a permanent collection of the 
laws of each session of Congress, the bound volumes (which 
are called the United States Statutes at Large) are prepared 
by the Office of the Federal Register, National Archives and 
Records Administration. When the latest volume containing the 
laws of the first session of the 101st Congress becomes 
available it will be No. 103 in the series. Each volume 
contains a complete index and a table of contents. From 1956 
through 1976, each volume contained a table of earlier laws 
affected. These tables were cumulated for 1956-1970 and 
supplemented for 1971-1975 in pamphlet form, and discontinued 
in 1976. From 1963 through 1974, each volume also contained a 
most useful table showing the legislative history of each law 
in the volume. This latter table was not included in 
subsequent volumes because, beginning in 1975, the 
legislative histories have appeared at the end of each law. 
There are also extensive marginal notes referring to laws in 
earlier volumes and to earlier and later matters in the same 
volume.

 Under the provisions of a statute originally enacted in 
1895, these volumes are legal evidence of the laws contained 
in them and will be accepted as proof of those laws in any 
court in the United States.

 The Statutes at Large are a chronological arrangement of the 
laws exactly as they have been enacted. There is no attempt 
to arrange the laws according to their subject matter or to 
show the present status of an earlier law that has been 
amended on one or more occasions. That is the function of a 
code of laws.

 UNITED STATES CODE

 The United States Code contains a consolidation and 
codification of the general and permanent laws of the United 
States arranged according to subject matter under 50 title 
headings, in alphabetical order to a large degree. It sets 
out the current status of the laws, as amended, without 
repeating all the language of the amendatory acts except 
where necessary for that purpose and is declared to be prima 
facie evidence of those laws. Its purpose is to present the 
laws in a concise and usable form without requiring recourse 
to the many volumes of the Statutes at Large containing the 
individual amendments.

 The Code is prepared by the Law Revision Counsel of the 
House of Representatives. New editions are published every 6 
years and cumulative supplements are published after the 
conclusion of each regular session of the Congress.

 Twenty-two of the 50 titles have been revised and enacted 
into positive law, and 2 have been eliminated by 
consolidation with other titles. Titles that have been 
revised and enacted into positive law are legal evidence of 
the law and the courts will receive them as proof of those 
laws. Eventually all the titles will be revised and enacted 
into positive law, and thereafter they will be kept up to 
date by direct amendment.