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PAGE NEEDS UPDATE AND LINKS TO MY LAW SITES    CLICK HERE FOR HOME

 HOW OUR LAWS ARE MADE

                         Revised and Updated
                            January 31, 2000

                by Charles W. Johnson, Parliamentarian,
                   U.S. House of Representatives


FOREWORD

     First published in 1953 by the Committee on the Judiciary of
the House of Representatives, this 22nd edition of "How Our Laws
Are Made" reflects changes in congressional procedures since the
21st edition, which was revised and updated in 1997.  This
edition was prepared by the Office of the Parliamentarian of the
U.S. House of Representatives in consultation with the Office of
the Parliamentarian of the U.S. Senate.

     The framers of our Constitution created a strong federal
government resting on the concept of "separation of powers."

     In Article I, Section 1, of the Constitution, the
Legislative Branch is created by the following language: "All
legislative Powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House
of Representatives."

     Upon this elegant, yet simple, grant of legislative powers
has grown an exceedingly complex and evolving legislative
process.  To aid the public's understanding of the legislative
process, we have revised this popular brochure.  For more
detailed information on how our laws are made and for the text of
the laws themselves, the reader should refer to government
internet sites or pertinent House and Senate publications
available from the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402.

Charles W. Johnson


TABLE OF CONTENTS
I. INTRODUCTION    
II. THE CONGRESS
III. SOURCES OF LEGISLATION  
IV. FORMS OF CONGRESSIONAL ACTION 
     BILLS    
     JOINT RESOLUTIONS  
     CONCURRENT RESOLUTIONS  
     SIMPLE RESOLUTIONS 
V. INTRODUCTION AND REFERRAL TO COMMITTEE  
VI. CONSIDERATION BY COMMITTEE    
     COMMITTEE MEETINGS 
     PUBLIC HEARINGS    
     MARKUP   
     FINAL COMMITTEE ACTION  
     POINTS OF ORDER WITH RESPECT TO COMMITTEE HEARING PROCEDURE
    
VII. REPORTED BILLS
     CONTENTS OF REPORTS
     FILING OF REPORTS  
     AVAILABILITY OF REPORTS AND HEARINGS   
VIII. LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES    
IX. CALENDARS 
     UNION CALENDAR
     HOUSE CALENDAR
     PRIVATE CALENDAR   
     CORRECTIONS CALENDAR    
     CALENDAR OF MOTIONS TO DISCHARGE COMMITTEES 
X. OBTAINING CONSIDERATION OF MEASURES 
     UNANIMOUS CONSENT  
     SPECIAL RESOLUTION OR "RULE" 
     CONSIDERATION OF MEASURES MADE IN ORDER BY RULE REPORTED
FROM THE COMMITTEE ON RULES  
     MOTION TO DISCHARGE COMMITTEE
     MOTION TO SUSPEND THE RULES  
     CALENDAR WEDNESDAY 
     DISTRICT OF COLUMBIA BUSINESS
     QUESTIONS OF PRIVILEGE  
     PRIVILEGED MATTERS 
XI. CONSIDERATION AND DEBATE 
     COMMITTEE OF THE WHOLE HOUSE 
     SECOND READING
     AMENDMENTS AND THE GERMANENESS RULE    
     THE COMMITTEE "RISES"   
     HOUSE ACTION  
     MOTION TO RECOMMIT 
     QUORUM CALLS AND ROLLCALLS   
     VOTING   
     ELECTRONIC VOTING  
     PAIRING OF MEMBERS 
     SYSTEM OF LIGHTS AND BELLS   
     RECESS AUTHORITY   
     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  
     LINE ITEM VETO
XIX. PUBLICATION   
     SLIP LAWS
     STATUTES AT LARGE  
     UNITED STATES CODE 
APPENDIX 


                    HOW OUR LAWS ARE MADE

I. INTRODUCTION

     This brochure is intended to provide a basic outline of the
numerous steps of our federal lawmaking process from the source
of an idea for a legislative proposal through its publication as
a statute.  The legislative process is a matter about which every
citizen should be well informed in order to understand and
appreciate the work of Congress.

     It is hoped that this guide will enable every citizen to
gain a greater understanding of the federal legislative process
and its role as one of the foundations of our representative
system.  One of the most practical safeguards of the American
democratic way of life is this legislative process with its
emphasis on the protection of the minority, allowing ample
opportunity to all sides to be heard and make their views known.
The fact that a proposal cannot become a law without
consideration and approval by both Houses of Congress is an
outstanding virtue of our bicameral legislative system.  The open
and full discussion provided under the Constitution often results
in the notable improvement of a bill by amendment before it
becomes law or in the eventual defeat of an inadvisable proposal.

     As the majority of laws originate in the House of
Representatives, this discussion will focus principally on the
procedure in that body.

II. THE CONGRESS

     Article I, Section 1, of the United States Constitution,
provides that:

     All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate
and House of Representatives.

     The Senate is composed of 100 Members-two from each state,
regardless of population or area-elected by the people in
accordance with the 17th Amendment to the Constitution.  The 17th
Amendment changed the former constitutional method under which
Senators were chosen by the respective state legislatures.  A
Senator must be at least 30 years of age, have been a citizen of
the United States for nine years, and, when elected, be a
resident of the state for which the Senator is chosen.  The term
of office is six years and one-third of the total membership of
the Senate is elected every second year.  The terms of both
Senators from a particular state are arranged so that they do not
terminate at the same time.  Of the two Senators from a state
serving at the same time the one who was elected first-or if both
were elected at the same time, the one elected for a full term-is
referred to as the "senior" Senator from that state.  The other
is referred to as the "junior" Senator.  If a Senator dies or
resigns during the term, the governor of the state must call a
special election unless the state legislature has authorized the
governor to appoint a successor until the next election, at which
time a successor is elected for the balance of the term.  Most of
the state legislatures have granted their governors the power of
appointment.

     Each Senator has one vote.

     As constituted in the 105th Congress, the House of
Representatives is composed of 435 Members elected every two
years from among the 50 states, apportioned to their total
populations.  The permanent number of 435 was established by
federal law following the Thirteenth Decennial Census in 1910, in
accordance with Article I, Section 2, of the Constitution.  This
number was increased temporarily to 437 for the 87th Congress to
provide for one Representative each for Alaska and Hawaii.  The
Constitution limits the number of Representatives to not more
than one for every 30,000 of population.  Under a former
apportionment in one state, a particular Representative
represented more than 900,000 constituents, while another in the
same state was elected from a district having a population of
only 175,000.  The Supreme Court has since held unconstitutional
a Missouri statute permitting a maximum population variance of
3.1 percent from mathematical equality.  The Court ruled in
Kirkpatrick v. Preisler, 394 U.S. 526 (1969), that the variances
among the districts were not unavoidable and, therefore, were
invalid.  That decision was an interpretation of the Court's
earlier ruling in Wesberry v. Sanders, 376 U.S. 1 (1964), that
the Constitution requires that "as nearly as is practicable one
man's vote in a congressional election is to be worth as much as
another's." 

     A law enacted in 1967 abolished all "at-large" elections
except in those less populous states entitled to only one
Representative.  An "at-large" election is one in which a
Representative is elected by the voters of the entire state
rather than by the voters in a congressional district within the
state.

     A Representative must be at least 25 years of age, have been
a citizen of the United States for seven years, and, when
elected, be a resident of the state in which the Representative
is chosen.  If a Representative dies or resigns during the term,
the governor of the state must call a special election pursuant
to state law for the choosing of a successor to serve for the
unexpired portion of the term.

     Each Representative has one vote.

     In addition to the Representatives from each of the States,
a Resident Commissioner from the Commonwealth of Puerto Rico and
Delegates from the District of Columbia, American Samoa, Guam,
and the Virgin Islands are elected pursuant to federal law.  The
Resident Commissioner and the Delegates have most of the
prerogatives of Representatives including the right to vote in
committees to which they are elected.  However, the Resident
Commissioner and the Delegates do not have the right to vote on
matters before the House.

     Under the provisions of Section 2 of the 20th Amendment to
the Constitution, Congress must assemble at least once every
year, at noon on the 3rd day of January, unless by law they
appoint a different day.

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

The Constitution authorizes each House to determine the rules of
its proceedings.  Pursuant to that authority, the House of
Representatives adopts its rules on the opening day of each
Congress.  The Senate considers itself a continuing body and
operates under continuous standing rules that it amends from time
to time.

     Unlike some other parliamentary bodies, both the Senate and
the House of Representatives have equal legislative functions and
powers with certain exceptions.  For example, the Constitution
provides that only the House of Representatives originate revenue
bills.  By tradition, the House also originates appropriation
bills.  As both bodies have equal legislative powers, the
designation of one as the "upper" House and the other as the
"lower" House is not appropriate.

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.  However
under the 25th Amendment to the Constitution, both Houses confirm
the President's nomination for Vice-President when there is a
vacancy in that office.  In the matter of impeachments, the House
of Representatives presents the charges-a function similar to
that of a grand jury-and the Senate sits as a court to try the
impeachment.  No impeached person may be removed without a
two-thirds vote of the Senate.  The Congress also plays a role in
presidential elections.  Both Houses meet in joint session on the
sixth day of January, following a presidential election, unless
by law they appoint a different day, to count the electoral
votes.  If no candidate receives a majority of the total
electoral votes, the House of Representatives, each state
delegation having one vote, chooses the President from among the
three candidates having the largest number of electoral votes.
The Senate, each Senator having one vote, chooses the Vice President
from the two candidates having the largest number of votes for that
office.

III. SOURCES OF LEGISLATION

     Sources of ideas for legislation are unlimited and proposed
drafts of bills originate in many diverse quarters.  Primary
among these is the idea and draft conceived by a Member or
Delegate.  This may emanate from the election campaign during
which the Member had promised, if elected, to introduce
legislation on a particular subject.  The Member may have also
become aware after taking office of the need for amendment to or
repeal of an existing law or the enactment of a statute in an
entirely new field.

     In addition, the Member's constituents, either as
individuals or through citizen groups may avail themselves of the
right to petition and transmit their proposals to the Member.
The right to petition is guaranteed by the First Amendment to the
Constitution.  Many excellent laws have originated in this way,
as some 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 legislative draftspersons for this purpose. 
Similarly, state legislatures may "memorialize" Congress to
enact specified federal laws by passing resolutions
to be transmitted to the House and Senate as memorials.  If
favorably impressed by the idea, the Member may introduce the
proposal in the form in which it has been submitted or may
redraft it.  In any event, the Member may consult with the
Legislative Counsel of the House or the Senate to frame the ideas
in suitable legislative language and form.

     In modern times, the "executive communication" has become a
prolific source of legislative proposals.  The communication is
usually in the form of a message or letter from a member of the
President's Cabinet, the head of an independent agency, or the
President transmitting a draft of a proposed bill to the Speaker
of the House of Representatives and the President of the Senate.
Despite the structure of separation of powers, Article II,
Section 3, of the Constitution imposes an obligation on the
President to report to Congress from time to time on the "State
of the Union" and to recommend for consideration such measures as
the President considers necessary and expedient.  Many of these
executive communications follow on the President's message to
Congress on the state of the Union.  The communication is then
referred to the standing committee or committees having
jurisdiction of the subject matter of the proposal.  The chairman
or the ranking minority member of the relevant committee usually
introduces the bill promptly either in the form in which it was
received or with desired changes.  This practice is usually
followed even when the majority of the House and the President
are not of the same political party, although there is no
constitutional or statutory requirement that a bill be introduced
to effectuate the recommendations.  The committee or one of its
subcommittees may also decide to examine the communication to
determine whether a bill should be introduced.  The most
important of the regular executive communications is the annual
message from the President transmitting the proposed budget to
Congress.  The President's budget proposal, together with
testimony by officials of the various branches of the government
before the Appropriations Committees of the House and Senate, is
the basis of the several appropriation bills that are drafted by
the Committee on Appropriations of the House.

     Many of the executive departments and independent agencies
employ legislative counsels who are charged with the drafting of
bills.  These legislative proposals are forwarded to Congress
with a request for their enactment.

     The drafting of statutes is an art that requires great
skill, knowledge, and experience.  In some instances, a draft is
the result of a study covering a period of a year or more by a
commission or committee designated by the President or a member
of the cabinet.  The Administrative Procedure Act and the Uniform
Code of Military Justice are two examples of enactments resulting
from such studies.  In addition, congressional committees
sometimes draft bills after studies and hearings covering periods
of a year or more.

IV. FORMS OF CONGRESSIONAL ACTION

     The work of Congress is initiated by the introduction of a
proposal in one of four forms: the bill, the joint resolution,
the concurrent resolution, and the simple resolution.  The most
customary form used in both Houses is the bill.  During the 105th
Congress (1997-1998), 7,529 bills and 200 joint resolutions were
introduced in both Houses.  Of the total number introduced, 4,874
bills and 140 joint resolutions originated in the House of
Representatives.

     For the purpose of simplicity, this discussion will be
confined generally to the procedure on a House of Representatives
bill, with brief comment on each of the forms.

BILLS

     A bill is the form used for most legislation, whether
permanent or temporary, general or special, public or private.

The form of a House bill is as follows:

     A BILL

     For the establishment, etc. [as the title may be].

     Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That, etc.

     The enacting clause was prescribed by law in 1871 and is
identical in all bills, whether they originate in the House of
Representatives or in the Senate.

     Bills may originate in either the House of Representatives
or the Senate with one notable exception provided in the
Constitution.  Article I, Section 7, of the Constitution provides
that all bills for raising revenue shall originate in the House
of Representatives but that the Senate may propose or concur with
amendments.  By tradition, general appropriation bills also
originate in the House of Representatives.

     There are two types of bills-public and private.  A public
bill is one that affects the public generally.  A bill that
affects a specified individual or a private entity rather than
the population at large is called a private bill.  A typical
private bill is used for relief in matters such as immigration
and naturalization and claims against the United States.

     A bill originating in the House of Representatives is
designated by the letters "H.R." followed by a number that it
retains throughout all its parliamentary stages.  The letters
signify "House of Representatives" and not, as is sometimes
incorrectly assumed, "House resolution."  A Senate bill is
designated by the letter "S." followed by its number.  The term
"companion bill" is used to describe a bill introduced in one
House of Congress that is similar or identical to a bill
introduced in the other House of Congress.

     A bill that has been agreed to in identical form by both
bodies becomes the law of the land only after-

(1)  Presidential approval; or 
(2)  failure by the President to return it with objections to the
House in which it originated within 10 days while Congress is in
session; or 
(3)  the overriding of a presidential veto by a two-thirds vote
in each House.

     It does not become law without the President's signature if
Congress by their final adjournment prevent its return with
objections.  This is known as a "pocket veto."  For a discussion
of presidential action on legislation, see Part XVIII.

JOINT RESOLUTIONS

     Joint resolutions may originate either in the House of
Representatives or in the Senate-not, as is sometimes incorrectly
assumed, jointly in both Houses.  There is little practical
difference between a bill and a joint resolution and the two
forms are often used interchangeably.  One difference in form is
that a joint resolution may include a preamble preceding the
resolving clause.  Statutes that have been initiated as bills
have later been amended by a joint resolution and vice versa.
Both are subject to the same procedure except for a joint
resolution proposing an amendment to the Constitution.  When a
joint resolution amending the Constitution is approved by
two-thirds of both Houses, it is not presented to the President
for approval.  Following congressional approval, a joint
resolution to amend the Constitution is sent directly to the
Archivist of the United States for submission to the several
states where ratification by the legislatures of three-fourths of
the states within the period of time prescribed in the joint
resolution is necessary for the amendment to become part of the
Constitution.

The form of a House joint resolution is as follows:

     JOINT RESOLUTION

     Authorizing, etc. [as the title may be].

     Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That all, etc.

     The resolving clause is identical in both House and Senate
joint resolutions as prescribed by statute in 1871.  It is
frequently preceded by a preamble consisting of one or more
"whereas" clauses indicating the necessity for or the
desirability of the joint resolution.

     A joint resolution originating in the House of
Representatives is designated "H.J. Res." followed by its
individual number which it retains throughout all its
parliamentary stages.  One originating in the Senate is
designated "S.J. Res." followed by its number.

     Joint resolutions, with the exception of proposed amendments
to the Constitution, become law in the same manner as bills.

CONCURRENT RESOLUTIONS

A matter affecting the operations of both Houses is usually
initiated by a concurrent resolution.  In modern
practice, and as determined by the Supreme Court in INS v.
Chadha, 462 U.S. 919 (1983), concurrent and simple resolutions
normally are not legislative in character since not "presented"
to the President for approval, but are used merely for expressing
facts, principles, opinions, and purposes of the two Houses. A
concurrent resolution is not equivalent to a bill and its use is
narrowly limited within these bounds.

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

     A concurrent resolution originating in the House of
Representatives is designated "H. Con. Res." followed by its
individual number, while a Senate concurrent resolution is
designated "S. Con. Res." together with its number.  On approval
by both Houses, they are signed by the Clerk of the House and the
Secretary of the Senate and transmitted to the Archivist of the
United States for publication in a special part of the Statutes
at Large volume covering that session of Congress.

SIMPLE RESOLUTIONS

     A matter concerning the rules, the operation, or the opinion
of either House alone is initiated by a simple resolution.  A
resolution affecting the House of Representatives is designated
"H. Res." followed by its number, while a Senate resolution is
designated "S. Res." together with its number.  Simple
resolutions are considered only by the body in which they were
introduced.  Upon adoption, simple resolutions are attested to by
the Clerk of the House of Representatives or the Secretary of the
Senate and are published in the Congressional Record.

V. INTRODUCTION AND REFERRAL TO COMMITTEE

     Any Member, the Resident Commissioner from Puerto Rico, or
the Delegates in the House of Representatives may introduce a
bill at any time while the House is in session by simply placing
it in the "hopper," a wooden box provided for that purpose
located on the side of the rostrum in the House Chamber.
Permission is not required to introduce the measure.  Printed
blank forms for an original bill are available through the
Clerk's office.  The Member introducing the bill is known as the
sponsor. An unlimited number of Members may co-sponsor a bill.
To prevent the possibility that a bill might be introduced in the
House on behalf of a Member without that Member's prior approval,
the sponsor's signature must appear on the bill before it is
accepted for introduction.   Members who co-sponsor a bill upon
its date of introduction are original co-sponsors.  Members who
co-sponsor a bill after its introduction are additional
co-sponsors.  Co-sponsors are not required to sign the bill.  A
Member may not be added or deleted as a co-sponsor after the bill
has been reported by the last committee authorized to consider
it, but in no event shall the Speaker entertain a request to
delete the name of the sponsor.  In the Senate, unlimited
multiple sponsorship of a bill is permitted.  Occasionally, a
Member may insert the words "by request" after the Member's name
to indicate that the introduction of the measure is at the
suggestion of some other person or group.

     In the Senate, a Senator usually introduces a bill or
resolution by presenting it to one of the clerks at the Presiding
Officer's desk, without commenting on it from the floor of the
Senate.  However, a Senator may use a more formal procedure by
rising and introducing the bill or resolution from the floor.  A
Senator usually makes a statement about the measure when
introducing it on the floor.  Frequently, Senators obtain consent
to have the bill or resolution printed in the body of the
Congressional Record following their formal statement.

     If any Senator objects to the introduction of a bill or
resolution, the introduction of the bill or resolution is
postponed until the next day.  If there is no objection, the bill
is read by title and referred to the appropriate committee.

     In the House of Representatives, it is no longer the custom
to read bills-even by title-at the time of introduction.  The
title is entered in the Journal and printed in the Congressional
Record, thus preserving the purpose of the custom.  The bill is
assigned its legislative number by the Clerk.  The bill is then
referred as required by the rules of the House to the appropriate
committee or committees by the Speaker, the Member elected by
the Members to be the Presiding Officer of the House, with the
assistance of the Parliamentarian.  The bill number and committee
referral appear in the next issue of the Congressional Record. 
It is then sent to the Government Printing Office where it is
printed in its introduced form and printed copies are made available
in the document rooms of both Houses.  Printed and electronic
versions of the bill are also made available to the public. 

     Copies of the bill are sent to the office of the chairman of
the committee to which it has been referred.  The clerk of the
committee enters it on the committee's Legislative Calendar.

     Perhaps the most important phase of the legislative process
is the action by committees.  The committees provide the most
intensive consideration to a proposed measure as well as the
forum where the public is given their opportunity to be heard.  A
tremendous volume of work, often overlooked by the public, is
done by the Members in this phase.  There are, at present, 19
standing committees in the House and 16 in the Senate as well as
several select committees.  In addition, there are four standing
joint committees of the two Houses, that have oversight
responsibilities but no legislative jurisdiction.  The House may
also create select committees or task forces to study specific
issues and report on them to the House.  A task force may be
established formally through a resolution passed by the House or
informally through an organization of interested Members and
committees by the House leadership.

     Each committee's jurisdiction is divided into certain
subject matters under the rules of each House and all measures
affecting a particular area of the law are referred to the
committee with jurisdiction over the particular subject matter.
For example, the Committee on the Judiciary in the House has
jurisdiction over measures relating to judicial proceedings
generally, and 17 other categories, including constitutional
amendments, immigration and naturalization, bankruptcy, patents,
copyrights, and trademarks.  In total, the rules of the House and
of the Senate each provide for over 200 different classifications
of measures to be referred to committees.  Until 1975, the
Speaker of the House could refer a bill to only one committee.
In modern practice, the Speaker may refer an introduced bill to
multiple committees for consideration of those provisions of the
bill within the jurisdiction of each committee concerned.  The
Speaker must designate a primary committee of jurisdiction on
bills referred to multiple committees.  The Speaker may place
time limits on the consideration of bills by all committees, but
usually time limits are placed only on additional committees.
Additional committees are committees other than the primary
committee to which a bill has been referred, either initially on
its introduction or sequentially following the report of the
primary committee.  A time limit would be placed on an additional
committee only when the primary committee has reported its
version to the House.

     Membership on the various committees is divided between the
two major political parties.  The proportion of the Members of
the minority party to the Members of the majority party is
determined by the majority party, except that half of the members
on the Committee on Standards of Official Conduct are from the
majority party and half from the minority party.  The respective
party caucuses nominate Members of the caucus to be elected to
each standing committee at the beginning of each Congress.
Membership on a standing committee during the course of a
Congress is contingent on continuing membership in the party
caucus that nominated the Member for election to the committee.
If the Member ceases to be a Member of the party caucus, the
Member automatically ceases to be a member of the standing
committee.

     Members of the House may serve on only two committees and
four subcommittees with certain exceptions.  However, the rules
of the caucus of the majority party in the House provide that a
Member may be chairman of only one subcommittee of a committee or
select committee with legislative jurisdiction, except for
certain committees performing housekeeping functions and joint
committees.

     A Member usually seeks election to the committee that has
jurisdiction over a field in which the Member is most qualified
and interested.  For example, the Committee on the Judiciary
traditionally is composed almost entirely of lawyers.  Many
Members 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 full committee and the ranking majority
member with the most continuous service is usually elected
chairman.  The rules of the House require that committee chairmen
be elected from nominations submitted by the majority party
caucus at the commencement of each Congress.  No Member of the
House may serve as chairman of the same standing committee or of
the same subcommittee thereof for more than three consecutive
Congresses.

     The rules of the House prohibit a committee that maintains a
subcommittee on oversight from having more than six subcommittees
with the exception of the Committee on Appropriations and the
Committee on Government Reform.

     Each committee is provided with a professional staff to
assist it in the innumerable administrative details involved in
the consideration of bills and its oversight responsibilities.
For standing committees, the professional staff is limited to 30
persons appointed by a vote of the committee. Two-thirds of the
committee staff are selected by a majority vote of the majority
committee members and one-third of the committee staff are
selected by a majority vote of minority committee members.  All
staff appointments are made without regard to race, creed, sex,
or age.  The minority staff provisions do not apply to the
Committee on Standards of Official Conduct because of its
bipartisan nature.  The Committee on Appropriations has special
authority under the rules of the House for appointment of staff
for the minority. 
    
VI. CONSIDERATION BY COMMITTEE

     One of the first actions taken by a committee is to seek the
input of the relevant departments and agencies.  Frequently,
the bill is also submitted to the General Accounting Office
with a request for an official report of views on the necessity
or desirability of enacting the bill into law. Normally, ample
time is given for the submission of the reports and they are accorded
serious consideration.  However, these reports are not binding on
the committee in determining whether or not to act
favorably on the bill.  Reports of the departments and agencies
in the executive branch are submitted first to the Office of
Management and Budget to determine whether they are consistent
with the program of the President.  Many committees adopt rules
requiring referral of measures to the appropriate subcommittee
unless the full committee votes to retain the measure at the full
committee.

COMMITTEE MEETINGS

     Standing committees are required to have regular meeting
days at least once a month.  The chairman of the committee may
also call and convene additional meetings.  Three or more members
of a standing committee may file with the committee a written
request that the chairman call a special meeting.  The request
must specify the measure or matter to be considered.  If the
chairman fails to call the requested special meeting within three
calendar days after the filing of the request, to be held within
seven calendar days after the filing of the request, a majority
of the members of the committee may call the special meeting by
filing with the committee written notice specifying the date,
hour, and the measure or matter to be considered.
In the Senate, the Chair may still control the agenda of the
special meeting through the power of recognition. 
Committee meetings may be held for various purposes including the
"markup" of legislation, authorizing subpoenas, or internal
budget and personnel matters.

A subpoena may be authorized and issues at a meeting by a vote
of a committee or subcommittee with a majority of members
present.  The power to authorize and issue subpoenas also
may be delegated to the chairman of the committee.  A
subpoena may require both testimonial and documentary evidence
to be furnished to the committee.  A subpoena is signed by the
chairman of the committee or by a member designated by the
committee.

All meetings for the transaction of business of standing
committees or subcommittees, except the Committee on Standards of
Official Conduct, must be open to the public, except when the
committee or subcommittee, in open session with a majority
present, determines by record vote that all or part of the
remainder of the meeting on that day shall be closed to the
public. Members of the committee may authorize congressional
staff and departmental representatives to be present at any meeting
that has been closed to the public.  Open committee meetings may be
covered by the media.  Permission to cover hearings and meetings
is granted under detailed conditions as provided in the rules of
the House.

The rules of the House provide that House committees may not meet
during a joint session of the House and Senate or during a recess
when a joint meeting of the House and Senate is in progress.
Committees may meet at other times during an adjournment or
recess up to the expiration of the constitutional term.

PUBLIC HEARINGS

     If the bill is of sufficient importance, the committee may
set a date for public hearings.  Each committee, except for the
Committee on Rules, is required to make public announcement of
the date, place, and subject matter of any hearing to be
conducted by the committee on any measure or matter at least one
week before the commencement of that hearing, unless the
committee chairman with the concurrence of the ranking minority
member or the committee by majority vote determines that there is
good cause to begin the hearing at an earlier date.  If that
determination is made, the chairman 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 and are often noted by the media.  Personal
notice of the hearing, usually in the form of a letter, is sometimes
sent to relevant individuals, organizations, and government
departments and agencies.

     Each hearing by a committee and subcommittee, except the
Committee on Standards of Official Conduct, is required to be
open to the public except when the committee or subcommittee, in
open session and with a majority present, determines by record
vote that all or part of the remainder of the hearing on that day
shall be closed to the public because disclosure of testimony,
evidence, or other matters to be considered would endanger the
national security, would compromise sensitive law enforcement
information, or would violate a law or a rule of the House.  The
committee or subcommittee by the same procedure may vote to close
one subsequent day of hearing, except that the Committees on
Appropriations, Armed Services, and the Permanent Select
Committee on Intelligence, and subcommittees thereof, may vote to
close up to five additional consecutive days of hearings.  When a
quorum for taking testimony is present, a majority of the members
present may close a hearing to discuss whether the evidence or
testimony to be received would endanger national security or
would tend to defame, degrade, or incriminate any person.  A
committee or subcommittee may vote to release or make public
matters originally received in a closed hearing or meeting. Open
committee hearings may be covered by the media.  Permission to
cover hearings and meetings is granted under detailed conditions
as provided in the rules of the House.

     Hearings on the Budget are required to be held by the
Committee on Appropriations in open session within 30 days after
its transmittal to Congress, except when the committee, in open
session and with a quorum present, determines by record vote that
the testimony to be taken at that hearing on that day may be
related to a matter of national security.  The committee may by
the same procedure close one subsequent day of hearing.

     On the day set for the public hearing in a committee or
subcommittee, an official reporter is present to record the
testimony.  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 sometimes testify first out of courtesy and due to the
limitations on their time.  Cabinet officers and high-ranking
civil and military officials of the government, as well as
interested private individuals, testify either voluntarily or by
subpoena.

     So far as practicable, committees require that witnesses who
appear before it file a written statement of their proposed
testimony in advance of their appearance and limit their oral
presentations to a brief summary of their arguments.  In the case
of a witness appearing in a nongovernmental capacity, a written
statement of proposed testimony shall include a curriculum vitae
and a disclosure of certain federal grants and contracts.

     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.

     Each member is provided only five minutes in the interrogation
of each witness until each member of the committee who desires to
question a witness has had an opportunity to do so.  In addition,
a committee may adopt a rule or motion to permit committee members
to question a witness for a specified period not longer than one
hour.  Committee staff may also be permitted to question a witness
for a specified period not longer than one hour.

     A transcript of the testimony taken at a public hearing is
made available for inspection in the office of the clerk of the
committee.  Frequently, the complete transcript is printed and
distributed widely by the committee.

MARKUP

     After hearings are completed, the subcommittee usually will
consider the bill in a session that is popularly known as the
"markup" session.  The views of both sides are studied in detail
and at the conclusion of deliberation a vote is taken to
determine the action of the subcommittee.  It may decide to
report the bill favorably to the full committee, with or without
amendment, or unfavorably, or without recommendation.  The
subcommittee may also suggest that the committee "table" it or
postpone action indefinitely.  Each member of the subcommittee,
regardless of party affiliation, has one vote.  Proxy voting is
no longer permitted in House committees.

    
FINAL COMMITTEE ACTION

     At full committee meetings, reports on bills may be
made by subcommittees.  Bills are read for amendment in
committees by section and members may offer germane
amendments.  Committee amendments are only proposals to change
the bill as introduced and are subject to acceptance or rejection
by the House itself.  A vote of committee members is taken to
determine whether the full committee will report favorably or
table the bill.  If the committee votes to report the bill
favorably to the House, it may report the bill without
amendments or introduce and report a "clean bill."  If the committee
has approved extensive amendments, the committee may decide to report
the original bill with one "amendment in the nature of a
substitute" consisting of all the amendments previously adopted,
or may report a new bill incorporating those amendments, commonly
known as a clean bill.  The new bill is introduced (usually by
the chairman of the committee), and, after referral back to the
committee, is reported favorably to the House by the committee.
A committee may table a bill or not take action on it, thereby
preventing further action on a bill.  This makes adverse reports
to the House by a committee unusual.  On rare occasions, a
committee may report a bill without recommendation or
adversely.  The House also has the ability to discharge a
bill from committee.  For a discussion of the motion to
discharge, see Part X.

     Generally, a majority of the committee or subcommittee
constitutes a quorum.  A quorum is the number of members who must
be present in order for the committee to report.  This ensures
participation by both sides in the action taken.  However, a
committee may vary the number of members necessary for a quorum
for certain actions.  For example, a committee may fix the number
of its members, but not less than two, necessary for a quorum for
taking testimony and receiving evidence.  Except for the
Committees on Appropriations, the Budget, and Ways and
Means, a committee may fix the number of its members, but not
less than one-third, necessary for a quorum for taking certain
other actions.  The absence of a quorum is subject to a point of
order, an objection that the proceedings are in violation of a
rule of the committee or of the House, because the required
number of members are not present.
     
POINTS OF ORDER WITH RESPECT TO COMMITTEE HEARING PROCEDURE

     A point of order in the House does not lie with respect to a
measure reported by a committee on the ground that hearings on
the measure were not conducted in accordance with required
committee procedure.  However, certain points of order may be
made by a member of the committee that reported the measure if,
in the committee hearing on that measure, that point of order was
(1) timely made and (2) improperly improperly disposed of.

VII. REPORTED BILLS

     If the committee votes to report the bill to the House, the
committee staff writes the committee report.  The report describes
the purpose and scope of the bill and the reasons for its recommended
approval.  Generally, a section-by-section analysis is set forth
explaining precisely what each section is intended to accomplish.
All changes in existing law must be indicated in the report and
the text of laws being repealed must be set out.  This
requirement is known as the "Ramseyer rule."  A similar rule in
the Senate is known as the "Cordon rule."  Committee amendments
also must be set out at the beginning of the report and
explanations of them are included.  Executive communications
regarding the bill may be referenced in the report.

     If at the time of approval of a bill by a committee, except
the Committee on Rules, a member of the committee gives notice of
an intention to file supplemental, minority, or additional views,
that member is entitled to not less than two additional calendar
days after the day of such notice (excluding Saturdays, Sundays,
and legal holidays unless the House is in session on those days)
in which to file those views with the clerk of the committee.
Those views that are timely filed must be included in the report
on the bill.  Committee reports must be filed while the House is
in session unless unanimous consent is obtained from the House to
file at a later time or the committee is awaiting additional views.

     The report is assigned a report number upon its filing and
is sent to the Government Printing Office for printing.  House
reports are given a prefix-designator that indicates the number
of the Congress.  For example, the first House report in the
106th Congress was numbered 106-1.

     In the printed report, committee amendments are indicated by
showing new matter in italics and deleted matter in line-through
type.  The report number is printed on the bill and the calendar
number is shown on both the first and back pages of the bill.
However, in the case of a bill that was referred to two or more
committees for consideration in sequence, the calendar number is
printed only on the bill as reported by the last committee to
consider it.  For a discussion of House calendars, see Part IX.

     Committee reports are perhaps the most valuable single
element of the legislative history of a law.  They are used by
courts, executive departments, and the public as a source of
information regarding the purpose and meaning of the law.

CONTENTS OF REPORTS

     The report of a committee on a measure that has been
approved by the committee must include (1) the committee's
oversight findings and recommendations, (2) a statement required
by the Congressional Budget Act of 1974, if the measure
is a bill or joint resolution providing new budget authority
(other than continuing appropriations) or an increase or
decrease in revenues or tax expenditures, (3) a cost
estimate and comparison prepared by the Director of the
Congressional Budget Office whenever the Director has submitted
that estimate and comparison to the committee prior to the filing
of the report, and (4) a summary of the oversight findings and
recommendations made by the Committee on Government Reform
whenever they have been submitted to the reporting committee in
a timely fashion to allow an opportunity to consider the findings
and recommendations during the committee's deliberations on the
measure.  Each report accompanying a bill or joint resolution
relating to employment or access to public services or
accommodations must describe the manner in which the provisions
apply to the legislative branch.  Each of these items are set out
separately and clearly identified in the report. 

With respect to each record vote by a committee, the total number
of votes cast for, and the total number of votes cast against any
public measure or matter or amendment thereto and the names of
those voting for and against, must be included in the committee
report.

     In addition, each report of a committee on a public bill or
public joint resolution must contain a statement citing the
specific powers granted to Congress in the Constitution to enact
the law proposed by the bill or joint resolution.  Committee
reports that accompany bills or resolutions that contain federal
unfunded mandates are also required to include an estimate
prepared by the Congressional Budget Office on the cost of the
mandates on state, local, and tribal governments.  If an estimate
is not available at the time a report is filed, committees are
required to publish the estimate in the Congressional Record.
Each report also 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
five fiscal years thereafter or for the duration of the program
authorized if less than five years.  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, Rules,
and Standards of Official Conduct are not required to include cost
estimates in their reports.  In addition, the committee's own cost
estimates are not required to be included in reports when a cost
estimate and comparison prepared by the Director of the Congressional
Budget Office has been submitted prior to the filing of the report a
nd included in the report. 

FILING OF REPORTS

     Measures approved by a committee must be reported promptly
after approval.  A majority of the members of the committee may
file a written request with the clerk of the committee for the
reporting of the measure.  When the request is filed, the clerk
must immediately notify the chairman of the committee of the
filing of the request, and the report on the measure must be
filed within seven days (excluding days on which the House is not
in session) after the day on which the request is filed.  This
does not apply to a report of the Committee on Rules with respect
to the rule, joint rule, 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

     A measure or matter reported by a committee (except the
Committee on Rules in the case of a resolution providing a rule,
joint rule, or other order of business) may not be considered in
the House until the third calendar day (excluding Saturdays,
Sundays, and legal holidays unless the House is in session on
those days) on which the report of that committee on that measure
has been available to the Members of the House. This rule is
subject to certain exceptions including resolutions providing for
certain privileged matters, measures 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.
However, it is always in order to consider a report from the
Committee on Rules specifically providing for the consideration
of a reported measure or matter notwithstanding this restriction.
If hearings were held on a measure or matter so reported, the
committee is required to make every reasonable effort to have
those hearings printed and available for distribution to the
Members of the House prior to the consideration of the measure in
the House.  Committees are also required, to the maximum extent
feasible, to make their publications available in electronic
form.  General appropriation bills may not be considered until
printed committee hearings and a committee report thereon have
been available to the Members of the House for at least three
calendar days (excluding Saturdays, Sundays, and legal holidays
unless the House is in session on those days).

VIII. LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES

     Each standing committee, other than the Committees on
Appropriations and on the Budget, is required to review and
study, on a continuing basis, the application, administration,
execution, and effectiveness of the laws dealing with the subject
matter over which the committee has jurisdiction and the
organization and operation of federal agencies and entities
having responsibility for the administration and evaluation of
those laws.

     The purpose of the review and study is to determine whether
laws and the programs created by Congress are being implemented
and carried out in accordance with the intent of Congress and
whether those programs should be continued, curtailed, or
eliminated.  In addition, each committee having oversight
responsibility is required to review and study any conditions or
circumstances that may indicate the necessity or desirability of
enacting new or additional legislation within the jurisdiction of
that committee, and must undertake, on a continuing basis, future
research and forecasting on matters within the jurisdiction of
that committee.  Each standing committee also has the function of
reviewing and studying, on a continuing basis, the impact or
probable impact of tax policies on subjects within its
jurisdiction.

     The rules of the House provide for special treatment of an
investigative or oversight report of a committee.  Committees are
allowed to file joint investigative and activities reports and
to file investigative and activities reports after the House has
completed its final session of a Congress.  In addition, several
of the standing committees have special oversight
responsibilities.  The details of those responsibilities are set
forth in the rules of the House.

IX. CALENDARS

     The House of Representatives has five calendars of business:
the Union Calendar, the House Calendar, the Private Calendar, the
Corrections Calendar, and the Calendar of Motions to Discharge
Committees.  The calendars are compiled in one publication
printed each day the House is in session.  This publication also
contains a history of Senate-passed bills, House bills reported
out of committee,  bills on which the House has acted, as well as
other useful information.

     When a public bill is favorably reported by all committees
to which referred, it is assigned a calendar number on either the
Union Calendar or the House Calendar, the two principal calendars
of business.  The calendar number is printed on the first page of
the bill and, in certain instances, is printed also on the back
page.  In the case of a bill that was referred to multiple
committees for consideration in sequence, the calendar number is
printed only on the bill as reported by the last committee to
consider it. 

UNION CALENDAR

     The rules of the House provide that there shall be:

     A Calendar of the Committee of the Whole House on the
state of the Union, to which shall be referred public bills and
public resolutions raising revenue, involving a tax or charge on
the people, directly or indirectly making appropriations of money
or property or requiring such appropriations to be made, authorizing
payments out of appropriations already made, releasing any liability
to the United States for money or property, or referring a claim
to the Court of Claims.

The large majority of public bills and resolutions reported to
the House are placed on the Union Calendar.  For a discussion of
the Committee of the Whole House, see Part XI.

HOUSE CALENDAR

     The rules further provide that there shall be:

     A House Calendar, to which shall be referred all
public bills and public resolutions not requiring
referral to the Calendar of the Committee of the Whole House
on the state of the Union. 

PRIVATE CALENDAR

     The rules also provide that there shall be:

     A Private Calendar...to which shall be referred all
private bills and private resolutions.

     All private bills reported to the House are placed on the
Private Calendar.  The Private Calendar is called on the first
and third Tuesdays of each month. If two or more Members object
to the consideration of any measure called, it is
recommitted to the committee that reported it.  There are six
official objectors, three on the majority side and three on the
minority side, who make a careful study of each bill or
resolution on the Private Calendar.  The official objectors' role
is to object to a measure that does not conform to the
requirements for that calendar and prevent the passage without
debate of nonmeritorious bills and resolutions.  Private bills
that have been reported from committee are only considered under
the calendar procedure.  Alternative procedures reserved for
public bills are not applicable for reported private bills.

CORRECTIONS CALENDAR

     If a measure pending on either the House or Union Calendar
is of a noncontroversial nature, it may be placed on the
Corrections Calendar.  The Corrections Calendar was created to
address specific problems with federal rules, regulations, or
court decisions that bipartisan and narrowly targeted bills could
expeditiously correct.  After a bill has been favorably reported
and is on either the House or Union Calendar, the Speaker may,
after consultation with the Minority Leader, file with the Clerk