Chapters XIII Urough

DOCUMBIT BEMIRE SO 011 900 ED 174 552 Edward F., Jr. AUTHOR Zinn, Charles J.; Willett, Made. 95th _cngress, 1stSession, TITLE How Our Laws Are House of Representatives. Washington, D.C. House INSTITUTICN Congress of the U.S., Committee on the Judiciary. FEPORT NO House-259 PUB DATE 78 76p. NOTE U.S. GovernmentPrinting AVAILABLE FECHSuperintendent of rocuments, Office, Washington, D.C.20402 (stock number 052-071-00547-1, $1.50) HP01/PC04 Plus Postage. EDRS PRICE *Federal DESCRIPTORS Citizenship; *Federal Government; Legislation; *Government Pole;Bearings; *Laws; Legislator.:; PostsecondaryEducation; Presidents; Secondary Education;Social Studies

ABSTRACT A nontechnicaloutline of the Fe1=Frallawmaking from the origin of anidea for a legislative process is presented, Seventeen chapterscomprise proposal to itspublication as a statute. I through VII examinethe structure of the the document. Chapters congressional action, Congress, sources oflegislation, forms of bills, and legislativereviews ty committee processes, reported resolutions, standing committees. Join*,concurrent, and simple hearings, proxy voti:ig, andthe contents, committee and public discussed. filing, and availabilityof reports and hearings are consider calendars,obtaining consideration Chapters IX through xII Senate. consideration, engrossment,and messages to }he of measures, and private calendars, Specific topics includeunior, house, consent, motions to discharge acommittee Cr to suspend special resolutions, pairing of ru1.14s, House action, quorumand roll calls, voting, of lights and bells.Chapters XIII Urough members, and the system amended bill, XVII discuss Senateaction, final action cn at action, and publication.Committee enrcllrert, presidential the veto message, considerations, chamberprocedure, conferences, official publication ofthe statute), statutes "slip laws" (the first examined. Samples of at large, and theUnited States code are print, a Noise committeereport, an introduced print, reported slip engrossed bill, andenrolled bill signed bythe Presid-int, the which became law withoutpresidential approval, law, a copy of an act veto are included. and cne which becamelaw after a presidential

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LIU How Our Laws AreMade

By DR. CHARLES ZINN

Revised ard Updated By EDWARD F. WILLETT, JR., ESQ. Law Revision Counsel United States House of Representatives

US DEPARTMENT OPWEALTH. EDUCATIONVOILFAIIII NATIONAL INSTITUTE OP EDUCATION SEEN 11100 THIS DOCUMENT NASRECEIVED PION outgo EXACTLY AS OR MIN. THE PERSON Oa ORGANIZATION *TING IT POINTS Of VIEW011 oamoms'MN- STATED 00 NOT NECESSARILYINSTITUTE Di SENT OFF ICIAL NATIONAL EDUCATION POSITION ORPOLICY

PRESENTED BY MR. RODINO November 3, l977.Ordered to be printed

t. UNITED STATES GOVERNMENT PRINTING OFFICE *ir o WASHINGTON :1978

For sale by the Superintendent of !memento.V.S. Government Printing Office Washington. ti.e. 20402 Stock Number 052-071-00547-1 (see prise card) Ci) Passed November3,1977 H. Con. Res. 190 [By Mr. Rodino] STATES OF AMERICA NINETY-FIFTH CONGRESS OFTHE UNITED AT THE FIRSTSESSION the City of Washington onTuesday, the fourth Begun and held at and seventy-seven day of January, onethousand nine hundred ConformResolution concurring), of Representatives(the Senate Resolved by the House Laws Are Made", asset out in That the brochureentitled "How Our Congress, be Numbered 94-509 ofthe Ninety-fourth House Document suitable paperback coverof a printed as a Housedocument, with a the Commit- color, to be selectedby the chairman of style, design, and of Representatives,with emenda- tee on theJudiciary of the House Rodino, Junior; foreword by theHonorable Peter W. tions, and with a and forty-sixthousand addi- and that there beprinted two hundred the use of which twenty-fivethousand shall be for tional copies, of the balance proratedto the Mem- the Committee onthe Judiciary and bers of the Houseof Representatives.the use of theSenate thirty-s'ix SEG. 2. There shallbe printed for the documentspecified thousand four hundredadditional copies of in section 1 of thisconcurrent resolution.

Attest: EDMUND L. HENSHAW,JR., Clerk of the Houseof Representatives. Attest : J. S. Kimidirr, Secretary of the Senate. (II EARLIER PRINTINGS

Number of Document copies 1953. H. Doc. 210-83d Cong. (H. Res. 251 by Mr. Reed) 36, 771 1955. H. Doc. 210-83d Cong. (H. Con. Re& 93 by Mr.Willis) 122, 732 1956. H. Doc. 451-84th Cong. (H. Con. Res. 251 by Mr.Willis; 167, 728 1956. S. Doc. 152-84th Cong. (S. Res. 293 by SenatorKennedy) 30, 38.5 1959. H. Doc. 156-86th Cong. (H. Con. Res. 95 by Mr.Lesinski) 182, 358 1961. H. Doc. 136-87th Cong. (H. Con. Res. 81by Mr. Willis) 228, 591 1963. H. Doc. 103-88th Cong. (H. Con. Res. 108 byMr. Willis) 211, 797 1965. H. Doc. 103-88th Cong. (S. Res. 9 bySenator Mansfield) 14, 000 1965. H. Doc. 164-89th Cong. (H. Con. Res. 165 byMr. Willis) 196, 414 1967. H. Doc. 125-90th Cong. (H. Con. Res. 221 byMr. Willis) 319, 766 1969. H. Doc. 127-91st Cong. (H. Con. Res. 192 byMr. Celler) 324, 821 1971. H. Doc. 144-92d Cong. (H. Con. Res. 206 by Mr.Celler) 174, 500 1972. H. Doc. 323-92d Cong. (H. Con. Res. 530by Mr. Celler) 292, 000 1974. H. Doc. 377-93d Cong. (H. Con. Res. 201by Mr. Rodino) "9°,500 1976. H. Doc. 509-94th Cong. (H. Con. Res.540 by Mr. Rodino) 246,000 FOREWORD By Hon. Peter W. Rodino, Jr.,Chairman, Committee on the Judiciary of the House ofRepresentatives The framers of the United StatesConstitution, with unparalleled foresight, embodied in our system ofGovernment the principle of "separation of powers," by establishingthree equal and independent branches of Governmentthe Legislative,Executive, and Judicial. The very first provision of theConstitution of the United States (Article I, Section 1) creates theLegislative Branch by providing that "All legislative Powersherein granted shall be vested in aCon- gress of the United States,which shall consist of a Senate andHouse of Representatives." The Federal legislative process,which has developed as a resultof this constitutional mandate, isextremely complex. Therefore, itis necessary for the Americanpeople to have access to docu- liel,'sand materials which will enable hem toachieve a greater understanding and appreciation of this legislative process. ago by the late Dr. This need was recognized over twenty years the Charles J. Zinn, then LawRevision Counsel for the ( 'ommittee on Judiciary, when the first printingof "How Our Lim ; Are Made" was authorized in 1953. Since that time this HouseDocument has been w2iely distributed not only in the UnitedStates, but around the world. Inaddition, it has been translated andpublished in eight differentla..guages and is similar governmental publicationsin frequently used as a model for continues to be a many foreigncountries. The pamphlet furthermore valuable source material forclassroom study and discussionthrough- out the United States. American history, the processof Today, as much as anytime in our all of us. The our American governmentis extremely important to better we understand our governmentthe better we can serve it and the better our government can serve us. updated by the Law RevisionCoun- This edition was revised and in the legislative sel of the House o;Representatives to reflect changes procedure brought about bylegislation and changes in therules of since the last edition. the House of Representatives informa- It is my sincere hope thatthis pamphlet will be helpful and tive to all persons interestedin how our laws are made.

NOVEMBER 3, 1977 (V) CONTENTS Page 1 I. Introduction 2 II. The Congress 4 III. Sources of legislation 6 IV. Forms of congressional action 6 Bills 7 Joint resolutions 7 Concurrent resolutions 8 Simple resolutions 9 V. Introduction and reference to committee 12 VI. Consideration by committee 12 Committee meetings 12 Public hearings 14 Business meetings Committee action 14 Public inspection of results of roll call votein committee 15 Proxy voting 15 Points of order with respect to committeeprocedure 15 Broadcasting committee hearings and meetings_ 15 16 VII. Reported bills Contents of reports_ 16 reports 17 Inflationary impact and cost estimates in 17 Filing of reports 18 Availability of reports and hearings 19 VIII. Legislative review by standing committees 20 IX. Calendars 20 Union Calendar 20 House Calendar 20 Consent Calendar 21 Private Calendar 21 District of Columbia business 22 X. Obtaining consideration of measures 22 Special resolutions order by previous Considerationof measures made in 22 resolution 23 Motion to discharge committee 24 Motion to suspend the rules 24 Calendar Wednesday 24 Privileged matters 26 XI. Consideration 26 Committee of the Whole House 27 Second reading 28 The Committee "rises" 28 Action by the House 28 Motions to recommit_ 29 Quorum calls and roll calls 30 Voting 31 Electronic voting 32 Pairing of Members 32 System of lights and bells 34 XII. Engrossment and message to Senate 35 XIII. Senate action 35 Committee consideration 36 Chamber procedure (VII)

0 Page XIV. Final action on amended bill 38 Request for a conference 38 Authority of conferees 39 Meetings and action of conferees 40 Conference reports 41 Custody of papers 43 XV. Enrollment 44 XVI. Presidential action 45 Veto message 45 XVII. Publication 47 "Slip laws" 47 Statutes at Large 48 United States Code 48 APPENDIX Select list of Government publications 50 FIGURES 1. Introduced print 53 2. Reported print 55 3. House committee report 57 4. Engrossed bill 58 5. Senate referred ("act") print 59 6. Senate reported print 61 7. Senate committee report 63 8. Conference committee report 64 9. Enrolled bill signed by President 66 10. Slip law 67 11. Act which became a law without approval ofPresident 68 12. Endorsements on act which became a law afterPresidential veto_____ 69

7 HOW OUR LAWS AREMADE

I. INTRODUCTION

This handbook is intended toprovide a readable and nontechnical outline of the background and the numeroussteps of our Federal lawmaking process from the origin of an ideafor a legislative proposal through its publication as a statute.This is u matter about whichthe average citizen shouldbe well informed so that he maybe able to understand the everyday news reportsand discussions concerning the work of Congress. It is hoped that this handbook willenable the average citizen to gain a greaterunderstanding of the Federal legislative processand its role as one of thebulwarks of our representative system.One of the most practical safeguards of the Americandemocratic way of life is this legislative process that, with itsemphasis on the protection of the minority, gives ample opportunity toall sides to be heard and make their views known. The fact that aproposal cannot become a law without consideration and approval byboth Houses of Congress is anout- standing virtue of our legislative system.Open and full discussion provided for under our Constitutionfrequently results in the notable improvement of a bill byamendment before it becomeslaw, or the defeat of a bad proposal. Because the large majority of lawsoriginate in the I-rouse of Rep- resentatives, this discussion will bedirected principally- to the proce- dureni t7aat FoaSF. (1)

98-587 0 - 78 .2 8 II. THECONGRESS Constitution, provides Article I, section 1,of the United States that of the United herein granted shall bevested iri a Congress All legislative Powers House of Representatives. States, which shall consistof a Senate and of 100 Memberstwofrom each State, The Senate is composedor areaelected by thepeople in conformity irrespective of population to the Constitution.That with the provisions ofthe 17th Amendment method under which amendment changed theformer Constitutional the respective Statelegislatures. A Senator Senators were chosen by been a citizen of theUnited must be at least 30 yearsof age, and hay resident of the Statefor States for nine years and,when elected, a and one-third of the which he is chosen. The termof office is six years elected every ;:econd year.The terms of both total membership is State are so arrangedthat they do not Senators from a particulartime. Of the twoSenators from aState terminate at the same elected firstor ifboth were serving at the same timethe one who was full termis referred to elected at the same time,the one elected for a the Senator from that State.The other is referred to as as the "senior" Constitution furtherprovides that, in case of "junior" Senator: The during his term, the governor the death or resignationof a Senator has special election unlessthe State legislature of the State must call a successor untilthe pext election, at authorized him to appoint a of the term. Most of which time a successor iselected for the balance the power of the State legislatureshave granted their governors appointment. Each Senator has onevote. Congressthe House ofRepre- _A11977the 95th every-two-years-from sentatives iscomposecra-4:35Members-eleeted The per- States, apportioned totheir total populations. among the 50 established followingthe Thirteenth manent number of 435 wasdirected in article I,section 2, of the. Decennial Census in 1910, astemporarily to 437 for the87th Con- Constitution, and was increased and Hawaii. It gress, to providefor one Membereach for Alaska make a considerableincrease in the number of seems undesirable to body, similar to theBritish House of Members, because a larger be too unwieldy. The Commons, consisting of630 members, would to not more than Constitution limits thenumber of Representatives and, under a formerapportionment one for every30,000 of population, represented more than900,000 in one State aparticular Member elected from a district constituents, while another inthe same State was only 175,000. TheSupreme Court 1 has since having a population ofMissouri statute permitting amaximum popu- held unconstitutional a from mathematical equality.The Court lation variance of 3:1 percent unavoidable and, said that the variances amongthe districts were not slfirkpatrick V. Preisler.394 U.S. 526. (2) 9 HOW OUR LAWS ARE MADE 3 therefore, were invalid. This is an interpretation of theCourt's earlier decision that "as nearly as is practicable one man's votein a Con- gressional election is to be worth as much as another's". A law enacted in 1967 has abolishedall "at-large" elections (i.e., Members elected by the voters of the entire Staterather than in a Congressional district within the State) except, of course,in States entitled to only one Representative. (2 U.S.C. § 2c) A Representative must be at least 25 years of ageand have been a citizen of the United States for seven years and, whenelected, a resident of the State in which he is chosen. In case of thedeath or resig- nation of a Member during his term, the governor ofhis State may call a special election for the choosing of a successor to servefor the unexpired portion of the term. Each Representative has one vote. In addition to the Representatives from 50 States, there is aResi- dent Commissioner from the Commonwealth of Puerto Rico, as authorized by an act of 1917 (48 U.S.C. § 891) and in 1970 the Congress by Pub. L. 91-405 (D.C. Code, § 1-291). created the office of Delegate to the House of Representatives from the Districtof Columbia. In 1972 the Congress by Pub. L. 92-271 (48 U.S.C. § 1711), granted nonvoting Delegate representation to the territoriesof Guam and the Virgin Islands. as well. The Resident Commissionerand the Delegates have most of the prerogatives of Representatives,with the important exception of the right to vote on matters before theHouse. Under the provisions of section 2 of the 20thamendment to the Constitution, Congress must assemble at least once every year,at noon on the 3d day of January, unlessby law they appoint a different day. A. Congress lasts for two years, commencing in Januaryof the year following the biennial election of Members, and is dividedinto two sessions. Unlike some other parliamentary bodies, both the senate andthe House cf Representatives have equal legislative functions and powers (except that only the House of Representatives may initiate revenue bills-)Tand-the-designation of one as the "upper" House and the other as the "lower" Home is not appropriate. The Constitution authorizes each I-louse to determine therules of its proceedings. Pursuant to that authority the House, ofRepresenta- tives adopts its rules on the opening day of each Congress. TheSenate operates under its rules adopted in 1884 and amendedfrom time to time since then. The chief function of the Congress is the making of laws. Inaddi- tion, the Senate has the function of advising andconsenting to treaties and to certain nominations by the President. In the matter of impeachments, the House of Representkives presents the chargesa function similar to that of grand juriesand the Senate sits as a court to try the impeachment. Both Houses meet in joint session onJanuary 6th, following a presidential election, to count the electoral votes. (3 § 15) If no candidate receives a majority of the total electoral votes, the House of Representatives chooses the President from among the three candidates having the largest number of votes, and the Senate chooses the Vice President from the two candidates having the largest number of votes for that office. I o III. SOURCESOF LEGISLATION legislation are unlimited,and proposed drafts Sources of ideas for of these is, of course of bills originate in manydiverse quarters. First conceived by a Memberhimself. This may emanate the idea and draft during which he hadpromised to introduce from his election campaign entire campaign legislation on a particularsubject, if elected. His based upon one or moresuch proposals. Or,through may have been have become awareof the his experience aftertaking office he may the enactment of a need for amendment orrepeal of existing laws or statute in an entirely newfield. individuals or by corporate In addition, hisconstituentseither as bar associations, labor activity such as citizEn groupsor associations, associations, and chambersof commercemay unions, manufacturers' which is guaranteedby the avail themselves ofthe right to petition,transmit their proposalsto First Amendment tothe Constitution, andin this way since someof him. Many excellentlaws have originated with various areas those organizations,because of their vital concern considerable knowledgeregarding the laws affect- of legislation, have of expert legislativedraftsmen ing their interestsand have the servic,!s favorably impressed for this purpose.If the Member is it has at their disposal introduce the proposalin the form in which by the idea he may redraft it. In all eventshe may him or he may first Senate, as the been submitted toLegislative Counsel ofthe House or the consult with the suitable legislativelanguage and case may be, toframe the ideas in form for introduction. the "executivecommunication" has become a In modern times This is usually in theform of a prolific source oflegislative proposals. of. an of the President'sCabinet or the head letter from a member from the Presidenthimself---ixans- ---independentageneyor- even_ Speaker of theHTusecir miffing a draft of aproposed bill to the Despite the system Representatives and thePresident of the Senate. section 3 of articleII of the Constitution of separation of powers,the President to reportto the Congressfrom imposes an obligation on recommend for consider- time to time on the stateof the Union and to Many of he considers necessaryand expedient. ation such measurescommunications as follow onthe President's message these executive in accordance with of the Union deliveredto the Congress The on the state in section 3 of articleII of the Constitution. the mandate set out referred to the standingcommittee having, communication is then the proposal since abill jurisdiction of the subjectmatter embraced in Member of Congress.The chairman of may beintroduced only by a the form usually introduces thebill promptly either in that committee received or withchanges he considers necessary in which it was when the majority ofthe or desirable.This practice prevails even political party, although House and the President arenot of the same (4) HOW OUR LAWS ARE MADE 5 there i3 no constitutional or statutory requirementthat a bill be introduced to effectuate the recommendations. Otherwise, the message may be considered by the committee or oneof its subcommittees to determine whether a bill should be introduced. The mostimportant of the regular executive communications is the annual messagefrom the President transmitting the proposed budget to the Congress.This, together with testimony by officials of the variousbranches of the Government before the Appropriations Committees of the House and Senate, is the basis of till several appropriation bills that aredrafted by the House Committee on Appropriations. Several of the executive departments and independentagencies have staffs of trained legislative counsels whose. functions includethe drafting of bills to be forwarded to the Congress with a request for their enactment. The drafting of statutes is an art that requires great skill,knowl- edge, and experience. In some: instances a draft is the result of astudy covering a period of a year or more by a commission orcommittee designated by the President or one of his Cabinet officers. The Admin- istrative Procedure Act and the Uniform Code of AfilitlryJustice are only two of many examples of enactmentsresu:ting from such studies. In addition, Congressional committees sometimesdraft bills after studies and hearings covering periods of a year or mere.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 OFCONGRESSIONAL ACTION introduction of a The work of the Congressis initiated by the forms. These are: thebill, the joint proposal in one of four principal resolution. By resolution, the concurrentresolution, and the simple form used in both Houses isthe bill. During far the most customary there were introduced inboth Houses. the 94th Congress (1975-1976), resolutions. Of this number more than 19,760bills and 1,330 joint in the House of 15,863 bills and 1,119joint resolutions originated Representatives. this discussion will beconfined generally For the sake of simplicity bill, but a brief com- to the procedure on aHouse of Representatives ment will he madeabout each of the forms. SILLS whether permanent or A bill is the form usedfor most legislation. temporary, general orspecial, public or private. form of a The House of RepresentativesManual prescribes the House bill, as follows: A BILL. For the establishment. etc. lasthe title may be]. of the Be ft toweled by the Remoteand Hasse of Representatives United Stater of America inCongress assembled. That. etc. prescribed by law in 1871 andis identical The enacting clause was of Representatives all bills, whether theyoriginate in the House or in the Senate. either the House ofRepresentatives or the Bills may originate inexception provided for bythe. Constitution. Senate, with one notable provides that all bills for Article I, section 7. ofthe Constitution. Representatives but raising revenue shalloriginate in the House of concur withamendments, ns on otherbills. the Senate may propose or in the House of Repre- General appropriationbills also originate sentatirrs. prescribes the mattersconcerning which the Article I, section 8, article places cer- Congress may legislate,while section 9 of the same Congressional action. tain limitations upon Representatives is designatedby A bill originating inthe !louse of followed by a nundrerthat it retains throughout the letters "H.R." The letters signify "Houseof Representa- all its parliamentary stages. resolution ..t Sen- tives" and not, as issometimes supposed, "Hose designated by the loiter"S.- followed by itsnumber. ate bill is forum by both bodies be- A bill that has beenagreed to in identical comes the law ofthe laud only after (1) Presidentialapproval; or (Si 13 HOW OUR LAWS ARE MADE 7

(2) failure by the President to returnit. with his objections to the House in which it originatedwithin 10 days while the Con- gress is in session;(See Fig. 11, p. (i8) or (3) the overriding of a Presidential vetoby a two-thirds vote in each House. (See Fig. 12, p. 09.) It does not become law without thel'resident's signature if the Congress by their adjournment prevent its returnwith his objections. This is known as a "pocket veto". JOINT ta:s01.1*T10Ns Joint resolutions may originate either in dr.House of Representa- tives or in the Senatenot. as may hesupposed. jointly in both Houses. There is little practical differeneebetween a bill and a joint resolution and, although the latter are not asnumerous as bills, the two forms are often usedindiscriminately. Statutes that have been initiated as bills have later been amendedby a joint resolution, and vice versa. Both are subject to the sameprocedurewith the exception of joint resolutions proposing an amendmentto the Constitution that must be approved by two-thirdsof botli [looses aml are then sent directly to the Administratorof General Services foe submission to the stveral States forratification. and that are not presented tothe President for his approval. The form of a House jointresolution is prescribed by the House of Representatives Manual, as follows: JOINT RESMA*TION Author least, etc. rag the titlemay be]. Resolved by the Semite wait Houseofncproicntatieca of the United StatesofAmerica in Congress assembled.Thatall,etc. The resolving clause is identical inboth I louse and Senate joint resolutions. having been prescribed by statutein 1871. It is frequently preceded by one or More "whereas..elapses indicating the necessity for or the desirability of thejoint resolution. The term "joint" does notsignify simultaneous introductionand consideration in both Houses. A joint resolution originatingin the House of Representativesis designated "I LL Res." followed by itsindivithial number which it retains throughout all itsparliamentary stages. One originatingin the Senate is designated "SA. Res.-followed by its number. Joint resolutions heroine law in the samemanner as bills.

CONTI:lint:NT :CA Matters affecting the operationsof hot It I louses are usuallyinitiated by means of concurrent resolutions.These are not normally legislative in character but are used merelyfor expressing facts, principles,opin- ions, and purposes of the twoHouses. They are not equivalent to a bill and their use is narrowlylimited within these bounds. The term "concurrent" does notsignify simultaneousintroduction and consideration in bothHouses. 8 Am,/ OUR LAWS ARE MADE originating in the House ofRepresentatives A concurrent resolution individual number, while is designated "H. Con.Res." followed by its resolution is designated "S.Con. Res." together a Senate concurrentapproval by both Housesthey are signed by with its number. On and transmitted the Clerk of the House andthe Secretary of the Senate of General Servicesfor publication in a special to the Administrator Large. They are not presentedto the Presi- part of the Statutes at of bills and jointresolutions unless dent for action as in the cases is not within they contain a propositionof legislation. that. of course, their scope in their modernform.

SIM RE:40M TI N F4 operation of either I lousealone is initi-ted A matter concerning theresolution affeeting the Houseof Repr?- by a simple resolution. A number, while a sentatives is designated "II.Res." followed by its designated "S. Res." tog-etherwith its number. Senate resolution is they were introduced They are considered onlyby the body in which to by the Clerk II(the !liaise of Repre- and on adoption are attested be, and are sentatives or the Secretaryof the Senate. as the case may published in the CongressionalRecord.

1; V. INTRODUCTION ANT)REFERENCE TO COMMITTEE Any Member, the Resident Commissioner andthe Delegates in the House of Representatives may introduce a bill at anytime while the House is actually sitting by simply placing it inthe "hopper" provided for the purpose at the side of the Clerk's deskin the House Chamber. He is not required to ask permission tointroduce the measure or to make a statement at the time of introduction.Printed blank forms for use in typing the original bill are suppliedthrough the stationery room. The name of the sponsoris endorsed on the hill.. piddlebill may be sponsored by up to 25Members. To forestall the possibility that a bill might be introduced in the Ihmse onbelmlf of a Member without that Member's prior approval. thesponsoring Member's signature must appear on the bill beforeit is accepted for introduction. In the case where there are multiple sponsorsof a bill, the signature must be that of the .Membe first namedthereon. (ScSpeaker's directive, Congressional Record. Feb. 3. 1972. Vol. I Is.lit. 8. page 25214 In the Senate, unlimited multiplesp(msorship of a bill is permitted. Occasionally a Member may insert thewords "by request" after his name to indicate that theintroduction of the measure is in compliance with the suggestion of sonic other person. The procedure is somewhat more formal in the Senate usgoverned by the standing rules of that body. At the time reservedfor the purpose, a Senator who wishes tointroduce a measure rises and states that he offers a bill for introduction, and sendsit by page to the Secretary's desk. If objection is offered by an Senatorthe introduction is postponed until the next day. If there is noobjection the bill is read by title for the first and second reading.Frequently, Senators obtain consent to have the bill printed at that pointin the body of the Congressional Record, following their formal statement. In the House of Representatives it is no longerthe custom to read billseven by titleat the time of introduction.The title is entered in the Journal and printed in the CongressionalRecord, thus preserv- ing the purpose of the old rule. The bill isassigned its legislative number by the Clerk and referred to theappropriate committms by the Speaker (the Member elected to be thepresiding Officer of the House) with the assistance of the Parliamentarian.These details al' pear in the daily issue of the Congressional Record.It is then sent to the Government Printing. Office when itis printed in its introduced form, and printed copies are aailahle shortlythereafter in the document rooms of both Houses. (SeeFig. 1, p. 53.) One copy is sent to the office of the chairman ofthe committee to which it has been referred, for action by thatconunittee. Perhaps the most important phase of theCongressional process is the action by committees. That is where the mostintensive considers- (9)

511510 0 - - 3 16 10 HOW OUR LAWS AREMADE where the 1.eople aregiven tion is given to theproposed measures and heard. Nevertheless, thisphase where such their opportunity to be done by the Membersis some- a tremendousvolume of hard work is complaining about times overlooked by thepublic, particularly when delays in enacting laws.Reorganization Acts of 1946and 1970. the rv,,eit of The Legislative PtitIlbi exist- widespread proposals for"streamlining- Congress.Senate. Prior to the ing committee structureof the House and the Reorganization Aet of 1946, theHouse had 48 standing(permanent) in the Senate. Inaddition there were a committees and there were 33 usually of an investigative number of select orspecial committees. did not consider pendinszlegislation. There character, that normally in the House and 15in the are, at. present,22 standing committees addition. there are sev- Senate, as well as severalselect col11111...ees.itt In the committees of t he two Ilouses. two of which are eral standing joint Taxation and the JointEvonomie Committee. Joint Committee on in their committee Both Houses recentlyhave made major changes House adopted amendmentsto its rules t hat organization. In 1974. the of committees. in1977. altered the jurisdictionand certain procedures its rules to chantre the WIMP.jnrisdietion and the Senate amended number of standing com- size of certaincommittees, and reduced the mittees from 18 to thepresent number. 15. jurisdiction over certainsubject matters of Each committee. has affecting a particular areaof the law are legislation and all measuresthat has junsdict ion overit. For example. referred to that committeee jurisdiction over measures the Committee onthe Judiciary has criminal. generally, and relating to judicialproceedings, civil and of which Constitutionalamendments, revision 18 other categories, civil liberties. antitrust.patents, copy- and codification of statutes, rules provide for rights and trademarks, arebut a few. In all, the classifications of measuresthatare to hereferred 220 different committees in the Houseand .200 in the Sen- to the respective is divided betweenthe ate. Nfembership onthe various rommittees parties in proportion totheir total membershipin two major political Members on the Committee on the House, exceptthat one-half of the majority party and one- Standards of OfficialConduct are from t he party. Until 1953,with the exception of the half from the minorityCommittee on the District of Columbia. the Members serving on the Expenditures former Committees onITn-American Aeti titles and on Departments. or the Comlittee on I Louse.tdministra- in the Executive on more than onestanding committee of tion, a Member could not serve 1953, and now all the House. This limitation wasremoved in January than one committee.In January 1971.the Members may serve an moredetermined in yawns that(1) the chair- majority party of the House subcommittee may not be the(linkman of more than one man of a full (2) a Member may notbe chairman committee of that committee, and (3) a Member may of more than onelegislative subcommittee. than two committeeshaving legislativejurisdiction. not serve on more performing housekeeping These limitations do notapply to committees functions and joint committees. committee that has juris- A Member usuallyseeks election to the For diction over a field inwhich he is mostqualified and interested. HOW OUR LAWS ARE MADE 11 example, the ('ottintittee on the Judiciary iscomposed entirely of lawyers. Many Members are nationally recognized expertsin the specialty of their particular committee or subcommittee. M'embes rank in seniority in accordance with the order oftheir appointment to the committee. and until reeently theranking major- it Nfember was elected chairman. In 197:). thehouse amended its rules to require that committee chairen be electedfrom nominations submitted by the majority party caucus. Most of the committees have two or moresubcolemittees that. in addition to having general jurisdiction. sperialize inthe consideration of particular classifications Of bills. Each standingcommittee of the fionse, except the Committp: on the Budget, that has morethan 0 members must establish at least four subcommit tees. Each committee is provided w4 It a professional andclerical staff to assist it in the humme:II Ic %dtti:nist rative details and other prob- lents involved in the considelat (;.1 hills. For the standing committees, the professional staff (core-ititig of not mowthan eighteen, six of whom nuts be selected by the minority) is appointed on a pema- nent basis solely on the basis of fitness to performthe duties of their respective positions. Tile clerical staff (consisting of not morethan twelve. four of whom may be selected by theminority) is appointed to handle correspondence and stenographicwork for the committee stair and the chairman and ranking minority Member on matters related to committee work. .111 staff appoint ments aremade by a majority vote of the committee without regard to race,creed. sex or age. The minority staff provisions do nut apply to t ho t'ontinittee onStandards of 011ivial Conduct because of its bipartisan nature. Committee On .Appropriations and theCommittee on the Budget have spinal authority under the. Honse rides for appoint/111'M Of staffand assistants for the minority. lender certain conditions a standing committee mayappoint con- sultants on a temporary or interitint basis and trayalso provide filament! assistance to itteitthers of its professional st a if forthe purpose of acquiring seentlized training. tyheneyer the c(fitintit teedetermines that such training will aid '1w committee in thedischarge of its responsibilities. VI. CONSIDERATIONBY COMMITTEE been referred the committee towhich a bill has The chairman of of the sponsor,refer the may, on his owninitiative, or at the request actions for consideration.One of the first bill to a subcommittee bill to thedepartments or taken is the transmittalof copies of the frequently to the with the subjectmatter and of agencies eonf:ernedOffice with a requestfor an official report General Accounting desirability of enactingthe bill into law. views on the necessity or of the reportsand when Ample time is givenfor the submissionconsideration but are notbinding received they areaccorded serious favorably committer: in determiningwhether or not to ad on the executive departmentsand agencies are on the bill.The reports of the Office of Managementand Budget todetermine submitted first to the of the President. whether the bill isconsistent with the program

CO 31 31 ITTF.F. 31IA.:TINOS regular meuving days no Standing committees arerequired to have call and a month,but the chairman may less frequently than once Three or moremembers of a standing conveneadditional meetings. written request thatthe chair- committee may filewith the committee a specify the measure or man call aspecial meeting.The request must three calendar considered. If thechairman fails, within matter to be call the requestedspecial meet- days after the filingof the request, to of the re- within seven calendardays after the filing ing, to be held the committee maycall the special quest, a majorityof the members of written noticespecifying the meeting by filingwith the committee matter to beconsid- time and date of themeeting and the measnre or Appropriations, on the ered. of the Committees on With the exception of Official Conduct.committees Budget, on Rules,and on Standards while the Houseis read- special permission, meet (See first not, withoutamendment under the"five-minute rule". ing a measure for Reading" in Part. XI.)In 1977, the paragraph underheading "Second permission to meet its rules toprovide that special House amended Members object.Committees may meet will be given unless10 or more the constitutional term. during a recess up tothe expiration of PUBLIC HEARINGS it is contro- sufficient importance.and particularly if If the bill is of will usually set adate for publichearings. versial, the committee Rules) is required tomake (except the Committee on matter of any Each committee or the date,place, and subject public announcement by the committee on anymeasure or matter hearing to be conducted commencement ofthat hearing,unless at least oneweek before the is good cause tobegin the hearing the committeedetermines that there (12) 19 HOW OUR LAWS ARE MADE 13 at an earlier date. If the committee makesthat determination. it must make a public announcement to that effect at, theearliest, possible date. Public announcements are published in the DailyDigest portion of the Congressional. Record as soon as possible after theannouncement is made by the committee, and are ofton notedin newspapers and periodicals. Personal notice, usually in the form of a letter,but possibly in the form of a snbpena, is frequently sent toindividuals, organizations, and Government departments antiagencies that are known to be interested. Committee and subcommittee hearings arerequired t!be public except when the committee or subcommittee,in open session and with it majority present, determinesby roll call vote that all or part of the remainder of that hearing on that day shall be closed tothe public because disclosure of testimony, evidence, or other mattem to be considered, would endanger the national security or would violate alaw or Rule of the Ilonse ofRepresentatives. The committee or subcommittee may by the same procedure vote to close onesubsequent day of hearing. Hearings on the budget are required to be held by theCommittee on Appropriations in open sessionwithin :10 .days after its transmittal to Congress, except when the committee, in opensession and with a quorum present, determines by roll call votethat the testimony to be taken at that hearing on that day may be related to amatter of national security. The committee may by the sameprocedure close one subsequent day of hearing. On the day set for the public heitrio!., an official reporteris present to record the testimony in favor of Andagainst the bill. Suitable accommodations are provided for the public and witness:.s. The bill may be read in full at the opening of the hearingsand a copy is inserted in the record. A fter abrief introductory statement by the ehairman and often by the ranking minorityMember or other committee member. the first witness is called.Members or Senators who wish to be heard are !riven peferemp out of courtesyand because of the limitations on ineir t;:oe. Cabinet officers and*high-ranking civil and military offi-ials of the Government. as well as anyprivate individual who is interested. may appear and testilyeither voluntarily or at the request or :.ainnions of the committee. Committees require. so far as practicable. thatwitnesses who appear before it file with the committee.in advance of their appear- ance. a written statement of theirproposed tesvinauly end limit their oral presentations to a brief summary of t hen. arguments. Minority party members of the committee are entitled tocall witnesses of their own totestify on a in-asue during at least one day of the hearing. All committee rides in the House mustprovide that each Member shall have only flee minutes in the interrogationof witnesses until each Member of the committee who desires toquestion a witness has had an opportunity to do so. A typewritten traz3eript of thetestimony taken at a public hearing is made available fc.r inspection in theoffice of the clerk of the committee and frequently the completetranscript is printed and distributed widely by the committee.

20 MADE 14 HOW OUR LAWS ARE BUSINESS MEETINGS will consider After hearings are completedthe subcommittee usually that is popularly known asthe "mark-up" the bill in a session and at. the con- session. The views of bothsides are studied in detail is taken to determine theaction of the clusion of deliberation a vote report the bill favorablyto the subcommittee. It may decide to unfavorably, or suggest full committee, with orwithout amendment, or "table" it, that is, postponeaction indefinitely. that the co,!ritte affiliation, has Each member of thesubcommittee, regardless of party one vote. All meetings for the transactionof business. including the.markup committees or subcommitteesmust be open of legislation, of standing subcommittee, in open to the public exceptwhen the committee or all session with a majority present,determines by roll call vote that remainder of the meeting onthat (lay shall be closed to or part of the members of the committee mayauthorize the public. However, the representatives to be presentat congressional staff and departmental been closed to the public. any business ormark-up session that has apply to open committeehearings, hearings These provisions do not relates solely to internalbudget on the budget. orto any meeting that or personnel matters.

COM M ITTE E CTI 0 N be made by subcom- At committee meetingsreports on bills may dismissed and amendments maybe offered. mWees. Reports are fully only proposals to changethe bill as Committee amendments are by the House introduced and are subject toacceptance or rejection members is taken todetermine the action itself. A vote of committee either to report the bill of the full committee onthe bill. that is usually with or without amendments. orto table it. favorably to the House, action on it, Because tabling a bill isnormally effective in preventing by the full committee arenot ordinarily adverse reports to the House bill without ree- made. On rare occasions. :1committee may report a onunendation or unfavorably. the Generally. a majority of thecommithp constitutes a quorum. be present in order forthe committee to number of members who must both sides in the action act. This ensuresadequate participation by taken. However, the rulesallow committees to varythe number of members necessary for a quorumfor certain actions. Forexample. each committee may fix thenumber of its members. but notless than two, necessary for a eumnin:for taking testimony andreceiving evidence. In 197T. the Houseamended its rules to allowcommittees (except the Committees onAppropriations. en the *.udget. and on Ways and Means) to fix thenumber of its members. but not,less than one-third, necessary for a quorumfor taking certain other actions. The absence of a quorum is thesubject of a point of order--that is. an objection that the proceedings are outof order- -i.e.. that the required number of members is not present. 110W OUR LAWS ARE MADE 15

rumic triseEcnox OF' RESULTS OF ROLL CALL VOTE INcommrrrEF: The result of each roll call vote in any meeting of acommittee must be made available by that committee forinspection-b)-the-publivat- reasonable times in the offices of that committee. informationavail- able for public inspection includes a descriptionof each amendment, motion, order, or other proposition: the name of eachMember voting for and each Member voting against the amendment.motion, order. or proposition. and whether by proxy orin person; and the names of those NIembers present but not voting. With respect to each roll call vote by a rommittee on a motion to report a bill or resolution of a public character. the totalnumber of rotes cast for, and the total number of votes east against,the reporting of the bill or resolution mast be included in the committee report.

PROXYyoTlNu 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 anthorization ( I) he in writing, ( ) assertthat the Member is absent on official business or is otherwise unable to Ire laVtiPla atthe meeting of the committee, (3) designate the person who is to execute the proxy authorization. and (4) be limited toa...;pecitic measure or matter and any amendnubnts or notions pertaining tothe measure or matter.. Member a.v authorize a general proxy only for motions to recess. adjourn or other procedural !natters. A proxy mustix, signed by the Member and must. contain the date and time of daythat itis signed.. proxy may not be counted fort quorum.

POINTS: OF ORDER wyrit itEser:c1"1'o comNtirrr.r. eitocEounr, A. point of order does not lie with respect to a measure reported by a committee on the ground thathearings On the measure were not conducted in accordance with regnired committee procedure: except that a point of order on that ground may lie made by a Memberof the committee NVIlich 11'1)011(41 the measure if. in thecommittee. that point of order was (A) timely made and (II) improperly overruled or not properly considered.

Illto.knr.kSTI NO ((I NIITTEE 1111.\ is Nos AND NlErtINGS It is permissible to cover open conunithbe hearings in theIlonse by television. radio. and still photography. This permissionis granted under well defined conditions outlined in clause 3(d)of Rule XI of the 12tilibs of the House of Representatives, As statedin the rule: The (*overage Of committee hearings and meetings by televisionbroadcast, radio broadcast, or still photography is a privilege made availableby the ifoltse and shall be permitted awl conducted only in strict conformity withthe purposes, provisions, and requirements of this clause.

2 49 VIL REPORTEDBILLS report the billfavorably to the House If the committee votes to The is designated towrite the committee report. one of the Members and scope of the billand the reasons for report describes the purpose analysis is its recommended approval.Generally, a section-by-section explaining precisely whateach section is intended to set forth in detail in existing law accomplish. Under the rulesof the House all changes the text of laws beingrepealed must be set out. must be indicated and"Ramseyer" ride; a similarrule in the Senate is This is known as the amendments must also be set known as the "Cordon"rule. Committeeexplanations of them are in- out at the beginningof the report and conununications requestingthe introduction and cluded. Executive usually quoted in full. consideration of the bill are committee (except theCom- If at the time ofapproval of a bill by a Member of the committeegives notice of his mittee on Rules) a minority, or additionalviews, that intention to file supplemental, days (Saturdays, Member is entitled to notless than three calendar holidays excluded) in which tofile those views with Sundays and legal and they must be includedin the report the clerk of the committee certain exceptions, mustbe filed on the bill.Committee reports, with consent is ob- while the House is actuallysitting unless unanimous tained from the House tofile at a later time. it is filed, and it is The report is assigned areport number when Printing Office forprinting during that delivered to the Government 1969, the reportnumber night. Beginning withthe 91st Congress, in of the Con- contains a prefix-designatorwhiCa indicates the number the first House reportin 1969 was numbered91-1. gress. For example, when reported (see Fig. 2, p.55) and com- The bill also is printedindicated by showing newmatter in italics mittee amendments arestricken-through type. The reportnumber is and deleted matter in is shown on both the also printed on the billand the calendar number of a bill that was first and back pages ofthe bill. However, in the case committees for considerationin sequence, the referred to two or more by the last corn.- calendar number is printedonly on the bill as reported Part IX, "Calendars.") mittee to consider it. (See 57) are perhaps the mostvaluable Committee reports (see Fig. 3, p. They are used by single element of thelegislative history of a law. departments and agencies,and public generally, the courts, executive and meaning of the as a source ofinformation regarding the purpose law. CONTENTS OP REPORTS been approved by The report of a committee on ameasure that has (A) the committee'soversight findings the committee must include required by the Congres- and recommendations,(B) the statement (16) &on uno sAiri guy savii LT

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116-Y6 0 - HL - lZ Iii0W OUR LAWSARE MADE 18 set forth budget outlays and newbudget authority as priate levels of concurrent resolutionon thebudget in the mostrecently agreed to authorize for that year. resolutions thatdirectly or indirectly Generally, bills or for a fiscal yearmist be re the enactment of newbudget authority the beginningof or beforeMay 15 preceding ported to the House on be waived in emergencysituations. that fiscal year.This deadline may AV/MAMMY OF REPORTSAND IIEARINGS emergencysituations. such as With certainexceptions (relating to emergency). a measure or declaring war orother national Rules in a measure by a committee(except the Committee on matter reported order theconsideration of abill, the case of aresolution making in not be consideredin the resolution, or otherorder of business) may Saturdays, Sundays. third calendarday (excluding that House until the which the reportof that committee on and legal holidays) on the Members ofthe Ilouse. InvAdition, measure hasbeen available to copies of the report matter may not beconsidered unless the measure or have been availableto the Mem- measure or matter consideration; how- and the reported hours before thebeginning of bers for at least two consider a reportfrom the Coin;iiittee on ever, it isalways in order to consideration of a reportedmeas- Rules specificallyproviding for the held notwithstanding thisrestriction. If hearings were ure or matter reported, the committeeis required to make on a measureor matter so printed and available reasonable effort tohave those hearings the consideration every the Members of theI louse prior to for distribution to General appropriationhills may not be of the measurein the House. hearings and acommittee report printed committee House for at least considered untilavailable to theMembers of the thereon have been Saturdays. Sundays.and legal three calendardays (excluding holidays). VIII. LEGISLATIVE REVIEW BYSTANDING COMMITTEES Under the Legislative Reorganization Act of 1970,each standing committee (other than the Committees on Appropriations,and on the Budget) is required to review and study, on acontinuing basis, the application, administration, execution, and effectivenessof the laws dealing with the subject matter over which the committeehas jurisdiction and the organization and operation of Federalagencies and en- tities having responsibility for the administration andevalnation of those laws. Prior to 1970, the Committees onGovernment Operations and on Appropriations had the oversight responsibility toreview Government activities within their jurisdiction. The purpose of the review and study is to determinewhether laws and the programs created by Congress are beingimpimented and carried out in accordance with the intent of Congressand whether those progrzms should be continued,curtailed, or eliminate d. In addition, each committee having oversight responsibility isrequired to review and study any conditions or circumstances that mayindicate the necessity or desirability of enacting new or additionallegislation within the jurisdiction of that committee, and must undertake, on acontinuing basis, futures. research and forecasting on matterswithin the jurisdiction of that committeeEach standing committeealso has the function of reviewing and studying, on,a continuingbasis, the impact or probable impact of taxpolicies on subjects within its jurisdiction. At the beginning of each Congress, a representative ofthe Committee on Government Operations meetswith representatives of each of the other committees of the House to discuss the oversightplans of those committees and to assist in coordinating all of the oversightactivities of the House during that Congress. Within 60days after Congress convenes, the committee reports to theHouse the results of those meetings and discussions, and any recommendationswhich it has to assure fhe most effective coordinationof oversight activities and otherwise achieve the oversight objectives. In addition, several of the standing committeeshave special oversight responsibilities, the details of which are contained inthe rules of the House. (19)

2 TX. CALENDARS together with a history A. calendar of the HouSe of Representatives, of either House, is of all measures reportedby a standing committeeinformation of those printed each day the Houseis sitting for the interested. assigned a ealendar num- As soon as a bill isfavorably reported. it is Calendar or the HouseCalendar. the two prin- ber on either the Union The calendar number isprinted on both cipal calendars of business. bill that was re- the first and the back pagesof the bill. In the case of a committees for considerationin sequence. the ferred to two or more by the last com- calendar number is printedonly on the bill as reported mittee to consider it. UNION CALENDAR The rules of the Houseprovide that there shallbe: Committee of the WholeHouse on the state of the First. A Calendar of the general appropriation Union, to which shall bereferred bills raising revenue.appropriating money bills, and bills of a publiccharacter directly or indirectly or property. the Union Calendarand the large This is commonly know', uS placed on it on being majority of public billsand resolutions are reported to the House. HOUSE CALENDAR that there shall he: The rules further provide hills of a public char- Second. A House Calendar, towhich shall be referred appropriatingall money or acter not raising revenue nordirectly or indirectly property. placed on the Union The public bills andresolutions that are not Calendar are referred tothe House Calendar. CONSENT CALENDAR either of these calendarsis of a noncon- If a measure pendingit may on be placed onthe Consent Calendar. troversial nature that after a bill has beenfavorably reported The House rules provide Member may file and is on either the House orI -Mon Calendar any he desires the bill placedopim the Consent with the Clerk a notice that month immediately Calendar. On the Fist andthird Mondays of each the Journal. the Speakerdirects the Clerk to (all after the reading of order of their a ppeanonee the bills in numericalorder (that is. in the that have been on theConsent Calendar for th,ree on that calendar) is made to the considerationof any bill so legislative days. If objection prejudice to the next railed it is carried over onthe cal, -radar without Calendar is again called.and if then bjeeted day when the Consent stricken from the (Idea- to by three or moreMembers it is immediately (20) HOW DOM LAWS ARE MADE 21 dar and may not be placed on the ConsentCalendar again during that Session of Congress. If objection is not madeand if the bill is not "passed over" by request. it is passed by unanimous, consentIsabout debate., Ordinarily the only amendments considered arethose sponsored by the committee that reported the bill. To avoid the passage without debate of measuresthat may be controversial or are sufficiently important or complex torequire full discussion there are six Official objectors three onthe majority side and three on the minority sidewho make acareful study of bills on the Consent Calendar. If a bill involves theexpenditure of more than a fixed maximum amountof money or if it changes national policy or has other aspects that any of the objectorsbelieves demand explanation and extended debate, it will be objected to andwill not be passed by consent. That action does not necessarily meanthe final defeat of the bill since it ina-y then be brought up forconsideration in the same way as any otherfull on the I louse or (*Ilion Calendars.

l'ItiVAT: All bills of a private eharacter. namely bills for relief in the nature of elanns against the United States or private indigration bills. are referred to the Private ( 'alendar whirls is called on thefirst and third Tuesdays of each month. I f objection is made by two or moreMembers to the consideration of any measurecalled. itis recommitted to the committee that reported it. As in the ease of theConsent Calendar there are six official objectors. three on the majorityside and three on the minority side. %immake a careful study of each bill or EPS0- 111t1011 011 the Private ( 'alendar and who will object to a measnrethat does not con tot atto the requiremlas for thatealendar. thereby preventing the passage witlt debate of nounieritorions bills and resolutions. OISBIE of coLVNIIII.% BUSINESS The second and fourth Mondays in each month.after the disposition of motions to discharge committees and afterthe disposal of business WI the Speaker's tablerequiring only referral to eonamittee. are set aside. when claimed by the Committee onthe I )istrict of Columbia. for the consideration of any business that ispresented by that committee.

28 OF X. OBTAININGCONSIDERATION MEASURES Cal- pending on theHouse and Union Obviously certain measures than others andit is necessary endars are moreimportant and urgent of those thatdo permitting theirconsideration ahead those to have a system Since all measuresare placed on not requireimmediate action. to the House,the order in whichthey are reported if the calendar calendars in the would be the lastto be taken up latest bill reported factor. number alone werethe determining SPECIAL RESOLUTIONS degree ofst.t.ctivity in delays and toprovide some out To avoid is possible tohave them taken up the considerationof measures. itCommittee on Rules aspecial resolution of order byprocuring from the committee, whichis composed for theirconsideration. That proportion of or "rule" Members butwith a larger ju- of majorityand minority committees, isspecifically granted majority Membersthan other the order ofbusiness of the risdiction overresolutions relating to that hasfavorably the chairmanof the committee accompanied House. Usually before the Committeeon Rules reported the bill appears and one or moremembers of his com- by the sponsorof the measure for a resolutionproviding for its mittee in supportof his request is satisfiedthat the consideration. If theRules Committeeresolution readingsub - immediateshould be taken upit will report a measure with respect to abill on theUnion Calendar: stantially as follows the adoption ofthis resolution Resolved, Thatimmediately upon itself into theCommittee order for theHouse to resolve and proceed to con- it shall be inHouse on the Stateof the Union to be limitedto of the Whole entitled, etc., debate of the Com- sider the bill(H.R. ) by the chairman of hours, one-halfto be controlled minority member mittee on ,and one-halfby the ranking such committee. reads sub- House Calendarthe resolution If the measureis on the follows: the stantially as the adoptionof this resolution Resolved, Thatimmediately uponbill (MR. --)entitled, etc., and House shall proceedto consider shallthe be taken onall pendingamend- at the end of hours a vote ments and on thebill to final passage. the bill. Whenit waive points oforder against "closed The resolution may it is popularlyknown us a limits or preventsfloor amendments, rule". nt440LUTION mEAsUicEs st :ow OIU)EIt nY PnEviors CONSIDERATION OF to the I rouse.and is notconsidered has been reportedcalendar, and if notrailed up for When a "rule"referred to the made the immediately, it is of the RulesCommittee who consideration bythe Member (22) HOW OUR LAWS ARE MADE 23 report, within 7 legislative days thereafter any member of the Rules Committee may call it up as at question of privilege and the Speaker will recognize any Member of that Committee who seeks recognition for that purpose. If, within 7 calendar days after a measure has. by resolution. been made in order for considenition by the Ihmse. a motion has not been offered for its consideration, the speaker may. in his discretion. recognize a Member of the committee that reported the measure to offer a motion that. the House consider it. if the Member has been dilly authorized by that committee to otter 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.

3IGIjoN *HI DISCHARGE Coln :MITE A Member may present to the Clerk a motion in writing to discharge a committee from the consvleration of a public bill or resolution that has been referred toit30 days prior thereto. A Member may also file a motion to flischage the Committee on Rules from further consideration of a resolution providing either a special order of business. or a special role for the consideration of a public bill or resolution favorably reportA by a standing committee. or a special rule for the consideration of a public hill or resolution that has remained in a standing rommittve 30 days or mone without action. This motion may be made only'ten the resolution. from which it is moved to discharge the Commarce on Rules. has been referred to that committee at least seven days prior to the tiling of the motion to discharge. The motion is placed in the custody of the Clerk, who arranges some convenient Piave for the signature of 31entbers. When a majority of the total membership of the noose have signed the motion it is entered on the Journal. printed with the signatures thereto in the Congre-ssional Record, arid 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 leis been on the calendar at least 7 days. II seek rev,ognition and be recognized for the purpose of calling up the motion. The bill or resolution is then read by title only. A fter minutes' debate, one-half in frtvor of the proposition and one-half in opposition, the House proceeds to vote on the motion to I I im .11a If the motion to discharge the Committee on Rules from a resolution pending before the committee prevails, the [louse immediately votes on the adoption of that resolution. If the motion to discharge one of the standing- colionittets of the House from a piddle bill or resolution pending hcfore the committee prevails. a Member who signed the motion may move that the House proceed to the immediate consideration of the bill or resolution under the general rules Of the [louse. If the [louse 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.

3 MADE HOW OURLAWS ARE 24 RULES MOTION TOSUSPEND THE the last Gdays of a of each weekand during operation On Mondayand Tuesday motion tosuspend the Apeaker mayentertain a Arrangement musthe session, therules and pass abill orresolution.Member whowishes of the regular Speaker torecognize t he the motion made in adva neewith the considered bythe I louse. the motion.Before being Members present,by teller to offerset-untied by amajority of the and pass thebill must be mot ion tosuspend the ridesfavor of the pi.op- vote, ifdemanded. The by those in for 40minutes, one-half ion may not beamended is then debated-half by thoseopposed. The mot must beinluded iu osit ion and one the bill areproposed they the bill and ifamendments to may besuspended and when it ismade. The rules of the Membersvoting. a the motion affirmative voteof t wo-thirds passed only by post- being present. ses:ion. theSlake may quorum the last t;days Of a suspend therides Except. during votes onmotions to At that. time pone allrecorded and yea-nayuntil the endof the day. and resolutions without further and pass bills deferred votes con suspension,, the !lousedisposes of the reeorded votes on eliminatingintermittent committee meetingsand also debate. interruptions of going backand this procedurereduces spend onsuspension days reduces thetime Mendwrs moms oroffices. the floor andtheir committeeand yea-navotes on mo- forth between intends todefer recorded he 'mist an- If the Speaker pass billsand resolutions. suspend tions to suspendthe rules and first motion to befoe heentertains thetaken afterdebate is nouncehis intention The deferredvotes are legislative day. on anysuspension day. ions scheduledfor ti,at concluded on allsuspension mot Speaker mayreduce to not taken, the deferred votes. After the firstdeferred vote is for subsequent minutes thetime period action tar one ormore de- less than five before copleting the next If the Houseadjourns order ofbusiness on these mustbe the first however. thatcalendar will ferred votes,On PrivateCalendar days, suspension day. deferredsuspension votes. be disposedof before the C.1LES DARWEON t:SILVY with byunanimous of each week.unless dispensed .Members vot- On Wednesday vote of Iwo-tlords of the in by affirmative committees arecalled consent or being present,the standing call up forconsid- ing. a fluoin! when named may either alphabetical order.A committeeprevious dayand pending on bill reportedby it on a than twohours ofgeneral eration any Not more Wednesday the House orUnion Calendar. called up onCalendar permitted on anymeasure subject matterof the measure, debate is MIN In' l'01/filled to the against it. and all debate bet %%Ten thosefor and those is equally divided of the.1fembers present the time beingvote of asimple majority The affirmative sufficient to passthe measure. !Inv, :Nt.vcrEits regarded as Ilouse certainmatters are for Tinder- therules of the interrupt theorder of 1,117-ire :-s, privileged mattersand may HOW OUR LAWS ARE MADE 25 example, reports from the Committee onRules and reports from the Committee on Appropriations onthe general appropriation bills. At any time after the reading of theJournal, a Member, by direction of the appropriate committee, may movethat the House resolve itself into the Committee of the Wholehouse on the State of the Union for the purpose of considering billsraisinrevenues, or general appropriation bills. General appropriationbills may not be considered in the House until three calendardays (excluding Saturdays, Sundays, and legal holidays) after printedcommittee 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,onference reports. certain amendments to measures by the Senate.and veto messages from the President of the United States.The Member in charge of such a matter may call it up at practically anytime for immediate consideration. Usually, this is done afterconsultation with both the majority and minority floor leaders so thatthe Members of both parties will have advance notice and will not betaken by surprise.

rs.5x7 U 5 32 XI. CONSIDERATION demands that bills be givenconsideration Our democratic tradition for debate and by the entire membershipwith adequate opportunity the proposing of amendments. COMMITTEE OF THE WHOLEHOUSE consideration of bills andresolutions the In order to expedite the that enables it to actwith a House resorts to a parliamentary usage normally- requisite major- quorum of only 100Members instead of the of ity, that is, 218. Thisconsists of resolving itselfinto the Committee State of the Union toconsider a measure. All the Whole House on the appropria- measures on theUnion Calendarinvolving atax. making payments out ofappropriations already made tions, or authorizing the Whole. must be first consideredin the Committee of itself into the Com- Debate on the resolutionthat the House resolve limited to one hour unlessthe Members vote to mittee of the Whole is Speaker leaves his extend the debate. If theresolution is adopted, the chair after appointing aChairman to preside. "rule" reported by theCommittee on Rules The special resolution or the measure fixes thelength to allow forimmediate consideration of This may vary accord- of the debate in theCommittee of the Whole. and controversial natureof the measure. As pro- ing to the importancethe control of thetime is dividedequally vided in the resolution minority Member usually between theChairman and the ranking thatreported the measure.Members seek- of the committee against the measureusually arrange in ing to speak for or time on their respective advance with the Memberin control of the certain amount oftime in the debate.Others side to be allowed a time to yield to themfor a ques- may ask theMember speaking at the granted a Member tion or a brief statement.Frequently permission is extend his remarks inthe CongressionalRec- by unanimous consent to is not available ord if sufficient time tomake a lengthy oral statement during actual debate. principally by thestanding The conduct of thedebate is governed that are adopted at.the opening of eachCongress. rules of the Houseauthority is Jefferson'sManual that was pre- Another recognized guidance as Presidentof the pared by ThomasJefferson for his own rule that 1801. The House.in 1837. adopted a Senate from 1797 to of Jefferson'sManual still stands, providingthat the provisions and House in all cases towhich they are applicable should govern the inconsistent with the standingrules and orders in which they are not valuable compilationof of the House. Tnaddition there is a most precedents up to the year1935 set out inHinds' Precedents and consisting of 11 volumes,to guide theaction Cannon's Precedents, precedents prior to 1959 can of the House.Summaries of the House (26) HOW OUR LAWS ARE MADE 27 be found in a single volume entitled Cannon'sProcedure in the House of Representatives. A later volume, Desch ler'sProcedure in the House of Representatives, is a compilation of theparliamentary precedents of the House, in summary form, together withother useful related material, from 1959 through 1976. Recent rulings of theSpeaker are set out as notes to the current House Manual. Mostparliamentary questions arising during the course of debate aresusceptible of ruling backed up by a precedent of action in a similarsituation. The Par- liamentarian of the House is present in the House Chamberin order to assist the Chairman or the Speaker inmaking a correct ruling on parliamentary questions.

SECOND READING During the general debate an accurate account is kept ofthe time used on both sides and when all the time allowed under therule has been consumed the Chairman terminates the debate. Thenbegins the "second reading of the bill", section by section. atwhich time amendments may be offered to a section when it is read.Under the House rules, a Member is permitted five minutes to explainhis proposed amendment. after which the Member who is firstrecognixed by the Chair is allowed to speak for five minutes in opposition toit ; there is no further debate on that amendment. therebyeffeetively preventing any attempt at filibuster tactics. This is known as the"five-minute rule". There is. however, a device whereby a Member mayoffer a pro forma amendment"to strike oastthe last word" without in- tending any change in the language. and be allowedfive minutes for debate, thus permitting a somewhat more comprehensivedebate. Each amendment is put to the Committee of the Whole foradoption. At. any time after a debate is begun under thefive-minute rule, on proposed amendments to a section or paragraph of a bill, thecommittee may by majority vote of the Members present.close debate on the section or paragraph. However. if debate is closed on asection or paragraph before there has been debate on any amendmentthat 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. theMember who caused the amendment to be printed in the Record is given five minutesin which to explain the amendment. after which the first person to obtain the floor has five minutes to speak in opposition to it, and there is no further debate on that proposed amendment ; buttime for debate is not allowed when the offering of the amendmentis dilatory. Material placed in the Congressional Record mustindi- cate the full text of the proposed amendment, the name of the pro- ponent :Member. the number of the bill to which it will beoffered 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 inthe Committee of the Whole. the Clerk is required to transmit to the majority committee table five copies of the amendment and five copies to the minority committee table. and at least one copyof the amendment to the majority cloak room and at least one copy to the minority cloak room.

34 ARE MADE 28 HOW OUR LAWS THE COMMITTEE4'nis Es" of a bill for amendment.the At the conclusion ofthe consideration "rises" and reportsthe bill to the Housewith Committee of the Whole In rising the Committeeof the amendments thathave been adopted. back to the Houseand the Chairman ofthe Com- the Whole reverts Speaker of the House.The House mittee is replaced inthe chair by the the Committee then acts on the bill and anyamendments adopted by of the Whole. ACTION BY TIIE HOUSE by moving "the pre- Under the rules of flyHouse debate is cut off motion is carried by amajority of the Members vious question". If this is cut off on the bill onwhich voting, a quorumbeing piesent, all debate the has been ordered.The Speaker then puts the previous question be engrossed and read athird time ?" If this question : "Shall the bill the bill is read a thirdtime by question is decidedin the affirmative, for passage. In 1965,the I louse rules were title only and voted onthird readin!, of the billin full on demand of a amended to abolish the sometimes used as adilatory tactic. Membera practice that was special question has been orderedby the terms of the If the previous bill reported by theCommittee of the Whole, resolution or "rule" on a amendments have been re- the House immediatelyvotes on whatever in the sequence inwhich they were reported. ported by the Committee the House immediately After completion ofvoting on the amendments,amendments it has adopted. votes on the passageof the bill with the the the previous questionhas not been ordered, In those cases where hour, at the conclusionof House may engage indebate lasting one question is ordered andthe House votes onthe which the previous it is in order to offeramendments passage of thebill. During the debate to the bill or to theCommittee amendments. the have to be consideredin the Committee of Measures that do not first instance inaccordance Whole are consideredin the House in the special resolution limitingdebate on the measure. with the terms of the bill by the House, a proforma. motion to re- After passage of the made and laid on thetablei.e., action is consider it is automaticallyforestall this motion at alater date, because postponed indefinitelyto conclusive on House on a propositionis not final and the vote of the to reconsider it. the House until therehas been an opportunity MOTIONS TO RECOMMIT question has been ordered onthe passage of a bill After the previous make one motion torecommit the or jointresolution, it is in order to required to to a committeeand the Speaker is bill or joint resolutionrecognition for that purposeto a Member whois give preference in motion is normally not opposed to the bill orjoint resolution. This However, with respect to amotion to recommitwith subject to debate. previous question has beenordered, it is in order instructions after the before the vote is taken,the time to to debate the motionfor ten minutes and opponents ofthe be equally dividedbetween the proponents motion. HOW OUR LAWS ARE MADE 29

QUORUM CALLS AND ROLL CALLS In order to speed up and expedite quorumcalls and roll calls, the rules of the House provide alternativemethods for pursuing these procedures. The rules provide that in the absence of a quorum,fifteen Members, including the Speaker, if there is one, areauthorized to compel the attendance of absent Members. A call of theHouse is then ordered, and the Speaker is required to have the calltaken by electronic device, unless in his discretion he names one or moreclerks "to tell" the Mem- bers who are present. In that case the namesof those present, are recorded by the clerks, and entered in the Journalof the House and absent Members have not less than 15minutes from the ordering of the call of the House to have their presencerecorded. I f sefficient excuse is not offered for their absence, by orderof a majority of those present, they may be sent for by officers appointed by theSergeant-at-Arms for that purpose, and their attendancesecured and retained. The House then determines the conditions on which they maybe discharged. Mem- bers who voluntarily appear are, unless the Houseotherwise directs, immediately admitted to the Hall of the House andthey must report their names to the Clerk to be entered on the Journal aspresent. How- ever, the former practice ofpresenting Members at the Bar of the House, during a call, is now obsolete, and Members now reportto the Clerk and are recorded without. being formallyexcused unless brought in under compulsion. Whenever a quorum fails to vote on any question, and a quorumis not present and objection is made forthat reason, unless the I louse adjourns, a call of the House is required to be taken byelectronic device, unless the Speaker orders the call in the manner describedabove, and the Sergeant-at-Arms proceeds to bring in absentMembers. The yeas and nays on the pending question are at the sametime considered as ordered and an automatic roll call vote is taken. The Clerkcalls the roll and each Member who is present may vote on thepending question as he answers to his name. After the roll call iscompleted, each Member, whose attendance was secured, is brought before the Houseby the Sergeant-at-Arms, where his presence is noted, he isgiven an opportunity to vote, and his vote is recorded. If thosevoting on the question and those who are present and decline to vote togethermake a majority of the House, the Speaker declares that a quorumis constituted, and the pending question is decided according to thewill of the majority of those voting. Further proceedings under thecall are considered as dispensed with. At any time after the roll call has been completed,the Speaker may entertain a motion to adjourn, if seconded by amajority of those present as ascertained by actual count by theSpeaker; and if the HOUF !, adjourns, all proceedings under thisparagraph are vacated. The rules prohibit points of no quorum (1)before or during the daily prayer, (2) during administration of the oath of office tothe Speaker or any Member, (3) during the reception of mes,-;agesfrom the President or the Senate, (4) in connectionwith motions incidental to a call of the House, and (5) against. a votein which the Committee 30 330W OITR LAWS ARE MADE of the Whole agrees to rise (but anappropriate point of no quorum would be permitted against a vote.defeating a motion to rise). If the presence of a quorum hasbeen established at least once on anyday, further points of no quorum areprohibited (1) during the reading of the Journal, (2) between the time aCommittee of the Whole rises and its Chairman reports, and (3) duringthe period on any legislative day when Members are addressing theHouse under special orders. The language prohibiting quorum calls"during any period" when Members are speaking under specialorders includes the time between addresses delivered during this period as well asthe addresses themselves. Furthermore, a quorum call is notin order when no business has intervened since the previous call. For the purposesof this provision, all the situations described above are not.to be considered as "business." In 1977, the House amended its rules toprohibit points of no quorum when a motion or proposition ispending in the House unless the Speaker has put the motion or proposition to avote. However, the Speaker has the discretion to recognize aMember of his choice to move a call of the House. The first time the Committee of theWhole finds itself without a quorum during anyday the Chairman is required to orderthe roll to be called by electronic device,unless, in his discretion, lie orders a call by naming clerks "to tell" theMembers, as described above. After the call of the Committee,the Committee rises and the Chairman reports the names of theabsentees to the House that are then entered on the Journal. If on acall a quorum appears, the Committee resumes its sitting without furtherorder of the House. In 1974, theHouse amended its rules to provide forthe expeditious conduct of quorum calls in the Committee of the Whole.The Chairman now may suspend a quorum call once he orshe determines that a bare orminimum quorum has been reached, that is, 100 or moreMembers. Under such a short quorum call theCommittee will not rise, andtherefore Members' names will not bepublished. In 1977, the House againamended its rules on quorum calls toprovide that once the presence of a quorumof the Committee of the Whole has beenestablished for the day, quorum calls in the Committee are only inorder when the Committee is operating under the five-minute ruleand the Chairman has put thepending motion or proposition to a vote.

VOTING There are four methods of votingin the Committee of the Whole, that are also employed, togetherwith an additional method, in the House. These are the voice vote(viva voce), the division, the teller vote, the recorded vote. and theyea-and-nay vote that is used onlyin the House. If a Memberobjects to the vote on the groundthat a quorum is not present,there may be. an automatic roll call vote,. To obtain a voice vote theChair states, "As ninny as are in favor(as the question may be) say `Aye'.""As many as are opposed, say'No'." The Chair determines the result onthe basis of the volume of ayes and noes. This is the formin which the vote is ordinarily takenin the first instance. result of a voice vote, a division If it is difficult to determine the been de- may be demanded.The Chair then states that a division has

I HOW OUR LAWS ARE MADE 31 manded and says "as many as are in favorwill rise and stand until counted". After counting those in favorhe calls on those opposed to stand and be counted, therebydetermining the number in favor of and those opposed to the question. If a demand for a teller vote is supported byone-fifth of a quorum (20 in the Committee of the Whole, and 44in the House), the Chair appoints one or more telle7s from each side anddirects the Members in favor of the proposition to pass betweenthe tellers and be counted. After-counting, a teller announces the numberin the affirmative, and the Chair then directs the Members opposedto pass between the tellers and be counted. When the count is stated by ateller, the Chair announces the result. If any Member requests a recorded vote andthat request is supported by at least one-fifth of a quorum, the voteis taken by electronic device, unless the Speaker, in his discretion,orders clerks "to tell", that is, record the names of those voting on each side of thequestion. After the recorded vote is concluded, the names ofthose voting together with those not voting are entered in the Journal.Members have not less than fifteen minutes to be counted from thetime the recorded vote is ordered or the ordering of the clerks "to tell" the vote. In addition to the foregoing methods of voting,in the House, if the yeas and nays are demanded, theSpeaker directs those in favor of taking the vote by that method tostand 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 demandfor tellers) is necessary for ordering the yeas and nays. When the yeasand 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 theproposition will, as their names are called, answer "Aye": as many asare opposed will answer "No7". The Clerk calls the roll and reports theresult to the Speaker who announces it to the House. The Speakeris not required to vote unless his vote would be decisive.

ELECTUOSIC VOTISO Under modern practice that went. into effect. onJanuary 23, 1973, recorded and roll call votes are usually takenby electronic device, except when the Speaker, in his discretion,orders the vote to be recorded by other methods prescribed by the rules of theHouse, and in emergency situations, such as, thefailure of the electronic device to function. In addition, quorum calls are generally takenby electronic device. Essentially the system works as follows: Anumber of vote stations are attached to selected chairsinthe Chamber. Each stationis equipped with a vote card slot and fourindicators, marked "yea", "nay", "present", and "open". The "open"indicator is used only when a vote period is in progress and the systemis ready to accept votes. Each Member is furnished with apersonalized VoteID Card. A Member casts his vote by inserting his cardinto any one of the vote stations and depressing the appropriate pushbutton indicator according to his choice. The machine records the votes and reportsthe result when the vote is completed. In the event theMember finds him- self without his VoteID Card, he may still casthis vote by paper bal- 32 HOW OUR LAWS AREMADE Tally Clerk, who maythen record the vote lot, that he hands to the indicated preference ofthe Member. electronically according to the "nay", and amber for The paper ballots are greenfor "yea", red for "present". PAIRING or 'MEMBERS unavoidably absent at When a Memberanticipates that lie will be taken he may arrangein advance to be re- the time a vote is to be question by being corded as being either infavor of. or opposed to, the will also be absent andwho holds con- "paired" with a Member who kind shows how he trary views on the question.A specific pair of this been present. Occasionally, aMember would have voted if he had at the who hrs arranged in advance tobe paired, actually is present he would have votedif he had not time of voting. He then votes aswithdraws his vote and asks tobe been paired, and subsequentlycolleague. This is known as a"live marked "present" to protect his which a pair". If his absence is tocontinue for several days during number of different questions are tobe voted upon he may arrange a "general pair". A general pairdoes not indicate how hewould have voted on the question, but merelythat he and the Memberpaired with him would not have been onthe same side of the question. determining the vote on the. question,but, Pairs are not counted in for- rather, provide an opportunityfor absent Members to express mally how they would havevoted had they been present.Pairs are House and are listed in theCongres- announced by the Clerk of the Members not sional Record immediatelyafter the names of those voting on the question. SYSTEM OF LIGHTS AND BELLS Because of the large number andthe diversity of daily tasks that they have to perform it is notpracticable for Members to be present in the House (or Senate)Chamber at every minute that thebody is actually sitting. Furthermore, manyof the routine matters do not require the personal attendanceof all the Members. In order to procure their presencewhen needed for a vote or toconstitute a quorum, systems ofelectric lights and bells or buzzers areprovided in various parts of the CapitolBuilding and of the House and Senate Office Buildings. In the House the Speakerhas ordered that the bells andlights comprising the system be utilized asfollows: 1 ring and 1 light on theleftTeller vote. 1 long ring followed by a pauseand then 3 rings and 3 lights onthe leftStart or continuation of a notice orshort quorum call in the Committee of the Whole that willbe vacated if and when 100 Members appear on the floor.Bells are repeated every fireminutes unless the call is vacated or the call isconverted into a regular quorumcall. I long ring and extinguishingof 3 lights on the leftShort or notice quorum call vacated. 2 rings and 2 lights on theleftRecorded vote, yea-and-nay vote or automatic roll call vote by electronicdevice or by tellers with ballot cards. The bells are repeatedfive minutes after the first ring.

3,9 HOW OUR LAWS ARE MADE 33 2 rings and 2 lights on the leftfollowed by a pause and then 2 more ringsAutomatic roll call vote or yea-and-nay votetaken by a call of the roll in the House. The bells arerepeated when the clerk reaches the R's in the first call of the roll. 2 rings followed by a pause and then6 ringsFirst vote under Suspension of the Rules when the Speaker hasannounced his intention to defer recorded votes until theend of the suspension business. 2 bells are repeated five minutesafter the first ring. 6 bells are rung. atthe beginning of each subsequent postponed vote, onwhich the Speaker has reduced the vote time to the five-minuteminimum. 3 rings and 3 lights on the leftRegular quorumcall in either the House or in the Committee of the Wholeby electronic device or by clerks. The bells are repeated five minutesafter the first ring. 3 rings followed by a pause and then 3 moreringsRegular quorum call by a call of the roll. The bells are repeatedwhen the Clerk reaches the R's in the first call of the roll. 4 rings and 4 lights on the leftAdjournmentof the House. 5 rings and 5 lights on the leftRecess ofthe House. 12 rings at two second intervals with 6lights on the leftCivil De- fense Warning. The red light indicates that the House is insession. XTI. ENGROSSMENTANT) MESSAGE TO SENATE The preparation of a copy ofthe bill in the form inwhich it has passed the House is sometimes adetailed and complicated process because of the large number andcomplexity of amendments to some bills adopted by the House.Frequently these amendments areoffered during a spirited debate withlittle or no prior formalpreparation. The amendment may be for the purposeof inserting new language. substituting different words for those set outin the bill, or deleting portions of the bill. It is not unusual tolutve more than loo amend- proposed by the committee atthe time ments, including those consider- the bill is reported and thoseoffered from the floor during the ation of the bill in thechamber. Some of the amendmentsoffered from the floor are writtenin longhand and others aretypewritten. inserted in precisely the properplace in the Each amendment must punctuation exactly the same asit. was bill, with the spelling and that the adopted by the House. Obviously,it is extremely important the bill in the precise'form in which it has Senate receive a copy of function of passed the House. Thepreparation of such it copy is the the enrolling clerk. There is an enrolling clerk ineach House, constituting adivision of the office of the Clerk ofthe Mouse of Representativesand of the Secretary of the Senate. Ile receives allthe papers relating to thebill, including the official Clerk's copy of thebill as reported by the standing committee and each amendmentadopted by t Horse. From this of the bill As passel!. contain- material he prepares the engrossed copy 58.) ing all the amendments agreed toby the House. (See Fig. 4, p. At this point the measure ceasesteenically to is' called a bill andis termed -an net" signifying that itis the act of one body of theCon- gress. although it isstill popularly referred to as a bill.the engrossed bill is printed on blue paper and itcertificate that it pass the !louse of Representatives is signed by theClerk of the I louse. The engrossed bill is delivered by a reading clerk tothe Senate. while that hotly is actually sitting, in a rather formalceremonious manner befitting the dignity of both Houses. The reading clerkis escorted into the chamber of the Senate and 'wonbeing by the Slit Mary or another officer that the House has recognimed he President of the Senate states passed Ithe billl, giving its numberand title, and requests the concurrence of the Senate. (34)

1I XIII. SENATE ACTION The President of the Senate refers the engrossed bill tothe appropriate standing committee of the Senate in conformitywith the rules. The bill is immediately reprinted and copies are madeavailable in the document rooms of both Houses. (See Fig. 5, p. 59.)This printing is known as the "Act print" or the "Senate referred print".

COMMITTEE 00Ig8IDERATION Senate committees give the bill the same kind of detailedconsidera- tion as it received in the House, and may report it with orwithout amendment, or "table" it. A committee member who wishes to express his individual views, or a group of members who wish to file a minority report, may do so, if he or they give notice, at the timeof the approval of the measure, of his or their intention to file supplemental, minority or additional views, in which event those views may befiled within three 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 thecommittee amendments indicated by line-through type and italics. Thecalendar number and report number are in&sted on the first and back pages, together with the name of the m'n making the report.(See Fig. 6, p. 61.) The committee report anal anyminority or individual views accompanying the bill also are printed at the same time. (See Fig. 7, p. 63.) Any Senator may enter a motion todischarge 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 toby a majority vote. the committee is discharged and the bill isplaced on the Calendar of Business under the standing rules. All committee meetings, including those to conducthearings, must be open to the public. However, a majority of themembers of a committee or subcommittee may, after discussion inclosed session, vote in open session to close a meeting or series of meetings onthe same subject for no longer than 14 days if it is determined that the matters to be discussed or testimony to be takenwill disclose matters necessary to be kept secret in the interests of nationaldefense or the confidential conduct of the foreign relations of the United States;relate solely to internal committee staff management or procedure;tend to reflect adversely on the reputation of an individual or mayrepresent an un- warranted invasion of privacy of the individual; maydisclose law enforcement information that is required tolw kept secret ; may disclose certain information regardingcertain trade secrets; or may disclose matters required to be kept confidentialunder other provisions of law or Government regulation. (35)

12 ARE MADE 36 HOW OUR LAWS CHAMBER PRocEPuRE the Senate differ to alarge extent, from rulesof procedure in reported (and inthe The the timethata bill is those iin the House. At in the 1 loese ofRepresenta- Senate this isi a moreformal matter than heis Senator usually anninicesorally that tives beeanse the is making the reportmay ask submitting the report)the Senator whoconsideration of thehill. if the for the immediate unanimous consent and there is 110Ohipc1i011 the Senate, bill is of anoncontroversial 1110111Vdebate and withonly a brief ex- may passthe bill with little or no in this instancethe bill is planation of its purposeand effect. Even majority vote is by any Senator.A simple subject to amendment,amendment as well asto pass thebill. If there necessary to carry an lie over one day andthe hill is placed is anyobjection tire report must On theealndar. of the Senate maynot Measures reported bystandire, vononittees been available to unless the report ofthat committee has he considered da vs (excludingSaturdays. Sun- Senate Membersfor at least threeconsideration of the measurein holidays) prior to agreement days, and legalrequirement, however, maybe waived by the Senate: This does not applyin certain of the majority andminority leaders and emergencysituations. in the Senate, there being no There is only oneCalendar of Business hills raising is in the House.het wee!' (I) differentiation, as there and hills of a!midi(' character revenue, generalappropriation bills, other hails of apublic appropriating money orproperty. and () property. elm flirter notappropriating money or legislative day of the morningbusiness for each At the conclusion consideration of theCalendar of Business. to the 1111(1 each the Senate proeeedsobjected to are taken upin their order. Bilis that are not and for liveminutes only on any to speak Olive proceedings. Senater is entitled be interposed at anystage of the question. Objection may continue considerationafter the call hut on motionthe Senate may limitations on debatethen do not of the calendar iscompleted. and the of the close apply. Monday. followingthe announcement On any day but obtaining recognition ironmove to business. any Senator of morning regular order onthe I.:demi:1r.Usually. take up any billout of its limitation on debatedoes leader. The live-sninnte this is the majority of a hill taken ripin this manner,and not apply tothe consideration when the Presideetof the Senate debate may vont Maeuntil the hour hat point considera- unfinished businessof t he day. At t t he "lays down" t he and the mensmereverts hack to tion of the billis discontinued called up at ;mother time under ('alendar of Businessand nary again he the sana. conditions. and passed over onthe call of the been objel led to after consult- When a hill hasnecessarily lost. Themajority leader, calendar it is not of the Senateand the minority ing the majoritypolicy committee it will be ea 11441 upfor debate. the time at which which leadership. determines to consider thebill. The motion, At that time, amot ion is made sometimes the occasion made after themorning hour, is is debatable. if of Senatorsopposed to the measure, for lengthyspeeches, on the part HOW OUR LAWS ARE MADE 37 intended to prevent or defeat action. This is the tactic known as "filibustering". Upon obtaining the floor Senators may speak as long as they please but may not speak more than twice on any one question in debate on the same day without leave of the Senate. Debate, however, may be closed if 16 Senators sign a motion to that effect and the motion is carried by three-fifths of the total membership of the Senate.' Such a motion is voted on without debate on the second day after the day it is filed. 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 thesubject matter of the bill except in the case of general appropriationbills. Under the rules of the Senate a "rider", that is, an amendment pro - posing 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 oneday's notice in writing. Debate on the measure must be germane during the first three 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 readyfor engrcssment 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 onthe passage and the vote is usually takenviva voce although a yea-and- nay vote is in order if demanded by one-fifth ofthe Senators present. A simple majority is necessary for passage. Before anamended measure is cleared for its return to the House ofRepresentatives (or an unarnended measure is cleared forenrollment) a Senator who voted with the prevailing side, or who abstained from voting, maymake a motion within the next two days to re, onsider theaction. If the measure was passed without a recorded vote, anySenator may make the motion to reconsider. That motion is usuallytabled and its tabling constitutes a final determination. If, however, the motionis granted, the Senate, by majority vote, may either affirm itsaction, which then becomes final, or reverse it. The original engrossed House bill, together withthe engrossed Senate amendments, if any, is then returned tothe House with a message stating theaction taken by the Senate. Where amendments have been made by the Senate the message requeststhat the House concur in them. I Until Jan. 12. 1959. the rules required the assent oftwo-thirds of the total membership of the Senate to close debate. From then until Mar.7, 1975. the rules required the assent of two-thirds of the Senators present and voting.

U XIV. FINALACTION ONAMENDED BILL relating to the On their return tothe House the official papers placed on the Speaker'stable to await House amended measure are amendments are of a minor action on the Senateamendments. If the nature the Chairmanof the committeethat orig- or noncontroversialbill----or any Membermay,at the directionof inally reported theunanimous consent to takethe bill with the amend- the committee, askSpeaker's table and agreeto the Senateamendments. ments from the Clerk reads the titleof the bill and theSenate At this point the objection the amendments arethen de- amendments. If there is no be enrolled for pres- clared to be agreed to,and the bill is ready to Lacking unanimous consent,bills that do entation to the President. of the Whole arepri\ i- not requireconsideration in the Committeetable by motion for im- leged and may be called npfrom the Speaker's of the amendments.A simple majority is neces- mediate consideration thereby complete flooraction 01. the sary to carrythe motion and I louse bill is subject to apoint measure. ASenate amendment to el first be considered inthe Committee of theWhole, of order that it must be subject to tl, itpoint. if, originating inthe House. it would el:ousr FOR A CONFERENCE amendments are sebstantini orcontroversial the If, however, the take the bill withthe Member may requestunanimous consent to amend- from the Speaker'stable. disagree to the Senate amendmentsconference with the Senateto resolve thedis- ments and request a If there is objectionit becomes agreeing votesof the two Houses. the Committee onRules necessary to obtain aspecial resolution from his discret hill, recognizes aMember for a motion, unless the Speaker. in having jnrisdiet ion overthe subject mat- authorized by the committee and ask for a conference. ter of the bill, todisagree to the amendments to the request. orif the motion iscarried, the If there is no objection the conferees arecalled) Speaker then appointsthe managers (as advising it of thelIonse and a messageis sent to the Senate on the part Members appointed tobe man- of the House action.A majority of the been supporters of theHouse position, asdetermined agers must have 'Members who areprimarily Speaker must mime t t by the Speaker. Thelegislation and mustinclude, to the fullest responsible for the proponents of themajor provisions of117:Jill-I feasible, the principal usually follows thesuggestions as it passed theHouse. The Speakercharge of the bill indesignating of the Chairman ofthe committee in the Members of the managers On the partof the House from amongSpeaker. is frequently the committee. Thenumber, as fixed by the two of the of five Nlembers ofthe majority party anti seven, consisting greater on importantbills. Representationof minority, butt may of all oar parliamentary both major parties isis animportant attribute (38) 1,3 HOW OUR LAWS ARE MADE 39 procedures but, in the case of conferencecommittees, it is important that the views of the House on the House measurebe fully represented. If the Senate agrees to the request for aconference a similar committee is appointed by unanimous consentby the Presiding Officer of the Senate. Both political parties maylw represented on the Senate conference committee also, but the Senatecommittee need not be the same size as the I rousecommittee. The conference committee is sometimespopularly referred to as the "Third House of Congress". The request for n conference can be madeonly by the body in possession of the official papers. Occasionally t heSenate, anticipating that the House will not concur in its amendments,votes to insist on its amendments and requests a conference on passageof the bill prior to returning the bill to the House.This practice serves to expedite the matter because several days' time maybe saved by the designation of the Senate conferees beforereturning the bill to the House. The matter of which body requests t heconference is not \vithont sig- nificance because the one asking for t he conference actslast on the report to be submitted by the con ferees. A1'1'1101{1'1' or (1)N .11though the managers on the part of each Ilouse meet together as one eonnuittee the arein effect two separate committees. eachof 'Odell votes separately and acts by a majorityvote. For this reason the number of the respective mamorers islargely immaterial. The conferees are strictly limited in theirconsideration to matters in disagreement betveen the two !louses.Consequently they may Hot strike out or amend any portionof the bill that was net amended by the Senate. Furthermere, they may not insert newmatter that is not germane to the differences betweenthe two I louses. Where the Senate amendment revises a figure or an amountcontained in the bill, time conferees are limited to the difference betweenthe two numbers and may not increase the greater nor decreasethe smaller figure. Neither !louse may alone, byinstr'n empower its managers to make a change in the text to which both I leuseshave agreed, but the managers for both bodies maybe given that authority by a concurrent resolution adopted by a majority of each !louse. When a disagreement to an amendment in the nature of asubstitute is committed to a conferencecommittee it is in order for the managers on the part of the House to propose asubstitute which is a germane modification of the matter in disagreement, butthe ietroduction of language in that substitute presenting a sperdiradditional topic, qnestion, issue, or proposition not committed to the tawference committee by either House does not roust itute a germanemodification of the matter in disagreement. Moreover, their report maynot include matter not committed to theconference committee by either House, nor may their reportinclude a modification of any specific topic, question, issue, or proposition committed to theconference committee by either or both !louses if that modifieationis beyond the scope of that specific topic, question,issue, or proposition as committed to the con fewnee eminnit tee. ARE MADE 40 HOW OUR LAWS general appropriationbill which An amendment bythe Senate to a had of the rules of theHouse, if the amendment would be in violation amendment by the Senateproviding for originated in the House, or an than a generalappropriation bill, an appropriation ona bill other the part of the I louse,unless may not beagreed to by the managers onamendment, is first givenby the a specificauthority to agree to such an House by a separatevote on each specificamendment. MEETINGS AND ACTIONOF CONFEREES held on the Senate The meetings of theconferees are customarily rules 1975, the House andthe Senate adopted side of the Capitol. In meetings were to be opento the public providing that conference in open conferees of either miteHouse or the Senate, except when the of those conferees session, determined by aroll call vote of a majority of the remainder of themeeting on the clay of present, that all or part However, in 1977, theHouse the vote would be closedto the public. be open, unless amended its rules to requirethat conference. meetings session, determines by aroll call vote of amajority the House, in open meeting will be closed of those Members votingthat all or part of the the report of theconference committee isread in to the public. When that the conferees didnot the House, a point oforder may be made requirement. If the pointof order is sustained,the comply with this and a new con- conference report is consideredrejected by the House ference is requested. available to There are generally fourforms of recommendations reporting back to theirbodies. 'el:, that : the conferees when front all (or certainof) its amendments; 1. the Senate recede all (or certain of) 2. the House recedefrom its disagreement to and agree thereto ; the Senate amendments all (or certain of) 3. the House recedefrom its disagreement to and agree thereto withamendments; and the Senate amendments of) its amendments 4. the Hon.,e recedefrom all (or certain to the Senate amendments. . the result of theconference is a compromise In many instances of reeommendationavailable to the growing out of the third type of course, be comprisedof one, conferees. The complete, report may, with respect to the two, three, ,tr all fourof these recommendations Occasionally the confereesfind themselves un- various amendments. with respect to one or !tweeamendments able to reach an agreement, of their inability to agreeon those and report back a statement acted upon separately. particular amendments.These may then be is, of course. notpracticable where the This partial disagreement and substitutes its own Senate strikes out allafter the enacting clause considered as a singleamendment. bill which must be whatsoever the conferees If they are unable toreach any agreement in their respective bodiesand the amendments are report that fact to before the conference wasrequested. New the position they were both Houses. Inaddition, conferees may beappointed in either or instruct the eon ferees usto the positionthey are to the Houses may original conferees at thetime of take. Time practiceof instructing the their appointment israrely used today. /7 HOW OUR LAWS ARE MADE 41 After House conferees on any bill or resolution in conferencebetween the two bodies have been appointed for twenty calendar daysand have failed to make a report, the House rules provide for a motion ofthe highest privilege to instruct the House conferees or dischargethem and appoint new conferees. Further, during the last 6 days of asession it is a privileged motion to move to discharge, appoint, orinstruct House conferees after House conferees have been appointed 36hours 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 embodytheir recommendations in a report made in duplicate that must be signed by a majority of the conferees appointed by each body. The minority portionof the managers have no authority to file a statement of minority views in connection with the report. Starting with the 92dCongress, in 1971, the report is required to be printed in both Houses and must be accompanied by au explanatory statement prepared jointly by the conferees on the part of the House and the conferees on the part of the Senate. (See Fig. 8, p. 64.) The statement must be sufficiently detailed and explicit to inform the 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 is always 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 dividing; and when 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 reportis 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 theconferees. When the Senate agrees to the report its managers are thereby discharged and it then delivers the original papers to the House of Repre- sentatives with a message advising that body of its action. A report that contains any recommendations which go beyond the differences between the two Houses is subject to a point of order in its entirety. Any change in the text as agreed toby 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 of Representatives is always 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 42 HOW OUR LAWS AREMADE required statement does not not be receivedby the House if the accompany it. order to consider either(1) a conference re- It is, however., not in in the nature of port or (2) an amendment(including an amendment proposed by the Senate to a measurereported in dis- a substitute) Houses, by a conference report,that the agreement between the two (ex- conferees have been unable to agree,until the third calendar day cluding any Saturday, Sunday, orlegal holiday) after the report have been filed in theHouse, and con- and accompanying statement state- sideration then is in order onlyif the report and accompanying ment have been printedin the daily edition ofthe Congressional Record for the day on which thereport and statementhave been filed; but these provisions do not applyduring the last 6 days of thesession. or is it in order toconsider a conference report orsuch amendment unless copies of the report andaccompanying statement, togetherwith have been available toMembers for at least the text of the amendincit, however, it is al- two hours before thebeginning of consideration; ways in order to call upfor consideration a reportfrom the Commit- in order the consideration of aconference tee on Rules only maknignotwithstanding this restriction. Thetime report or such amendment is equally allotted for debate on a conferencereport or such amendment divided between the majorityparty and the minority party.If the house does not agree to a conferencereport that the Senate hasalready be recommitted to conferencebecause agreed to, the report may not to the the Senate conferees aredischarged when the Senate agrees report. containing When a conference report iscalled up before the Ibmse matter which would bein violation of the rulesOf the House with if the matter had beenoffered as an amend- respect to germaneness (1) in a Senate ment in the House, and1...hich is contained either in the amendment to that measure(including a Senate amendment for the text of that measure aspassed by the nature of a substitute Itotise conferees or agreed toby the con- flonse) and accepted by the agreed ference committee withmodification or (2) in a substitute committee, itis in order, at any time afterthe to by the conference dispensed with and before the reading of tire report is completedmake or a point of order that nonger- reading of the statement. to the point of carder, is con- mane matter,which must be specified in 1974 amendment of rules, it is also tained in the report. Umivr it matter in the in order to make a point.of order to nongermane Senate conference report that originallyappeared in the Senate bill but was not includedin the House-passed version.If the point. of order is sustained, it isthen in order for the Chair toentertain it motion, that is of high privilege, that theI louse reject the nongermanematter covered by the pointof order. it is in onlyr todebate the motion for forty minutes, one-half of thetime to be given to debate infavor of, and one-half in opposition to,the motion. 'Notwithstandingthe final disposition of a point oforder made with respect tothe report, or of a motion toreject nongermane matter,further points of order to the report, andfurther motions may be may be made with respect not made to reject, other nongermanematter in the conference report covered by any previous point oforder which has been sustained.If

4 0 HOW OUR LAWS ARE MADE 43 a motion to reject has been adopted,after final disposition of all points of order and motions to reject, theconference report is considered as rejected and the question then pendingbefore the House is whether (1)to recede and concur with an amendmentthat consistsof that portion of the conference report notrejected or (2)to insist on the House amendment with respectto 'longer- mane Senate matter that originallyappeared in the Senate bill but was not included in the House-passedversion. If all motions to reject are defeated, then, after the allocationof time for debate on the conference report equally divided between the majority andminority parties, it is in order to move the previous question on the adoptionof the conference report. Similar procedures are available in the House when the-Senate pro- poses an amendment to a measure thatwould be in violation of the rule against nongermane amendments, and thereafter itis (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 he voted on separately and may be adopted by a majority vote after theadoption of eie conference report itself as though no conference had beenhad with respect to those amendments. The Senate may recede fromall amendments, or from certain of its amendments. insisting onthe others with or without a request for a conference with respect tothem. If the House does not accept. the amendmentsinsisted on by the Senate the entire conference process begins again with respect tothem.

CUSTODY or PAPERS The custody of the original official papers is important in conference procedure because either body may net only when in possessionof 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. Thelatter in turn carry the papers with them to the conference and at its conclusion turnthem over to the managers of the House that. agreed to theconference. The latter deliver them to their own House, that acts first onthe report and then delivers the papers to the other House forfinal action on the report. Each group of conferees, at the conclusion of the conference,retains one copy of the report that hasbeen made in duplicate, and signed by a majority of the managers of each bodythe House copysigned first by the House managers and the Senate copysigned first by its managers. Obviously a bill cannot become a law of the landuntil it has been approved in identical terms by both Houses of theCongress. When the bill has finally been approved by bothHouses all the original papers are transmitted to theenrolling clerk of the body in which the bill originated. XV. ENROLLMENT When the bill has been agreed toin identical form by bothbodies the Senate, or by House concurrence either without amendment by the in the Semite amendments, orby agreement in both bodies to conference reporta copy of thebill is enrolled for presentationto the President. The preparation of theenrolled bill is a painstaking andimportant precisely the effect of allamendments, task since it must reflect by both either by way of deletion,substitution, or addition, agreed to bodies. The enrolling clerk ofthe House (with respect tobills originating in the House) receives theoriginal engrossed bill, theengrossed Senate amendments, the signedconferencereport, the several Senate, and a notation of thefinal action messages from the of preparing the enrolled copy. by the House, for the purpose the bill, From these he must preparemeticulously the final form of by both Houses. forpresentation to the President. as it was agreed to amend- (See Fig. 9, p. 66.) On occasionthere have been upward of 500 conference, earl) of which must be setout ments, particularly after a be in in the enrollment exactly asagreed to, and all punctuation must accord with the action taken. The enrolled bill is printed onparchment paper, with acertificate on the reverse side ofthe last page, to be signedby the Clerk of the House stating that the billoriginated in the I louse ofRepresentatives Senate %Olen the bill hasoriginated in that (or by the Secretary of the Ad- body). It is examined for accuracyby the Committee on House ministration (or by theSecretary of the Senate when thebill origi- the Committee is satisfiedwith the accu- nated in that body). When slip stating racy of the bill theChairman of the Committee attaches n enrolled and sends it to theSpeaker of the that it finds the bill truly bills, regardless of the bodyin which House for his signature. All the Presi- they originated, are signedfirst. by the Speaker and then by dent of the Senate. The Speakerand the President of theSenate may sign bills only while theirrespective House is actuallysitting unless advance permission is granted tothem to sign during a recess orafter adjournment. After both signatures areaffixed the bill is returned to the Committee for the pnrposeof being presented to thePresident for his action under theConstitution. (44) XVI. PRESIDENTIAL ACTION The Constitution provides 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 prattice a clerk of -.:be Committee on House Administra- tion (or the Secretary of the Senate when the bill originated in that body) delivers the originP;; enrolled bill to an employee at the White House and obtains a reesi pt, 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 barn regarded as presentation to the Pri,lint and as commencing the 1...)-day Constitutional period for P:,-sicielitial action. Copies of !,!'w3 enrolled bill are usually transmitted by the White House to the various departments interested in the subject matter so that they may advise the President who, of course, cannotbe 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, the only Constitutional requirement being that he sign it. (See Fig. 0, p. 66.) 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 him to execute. The bill may become law without the President's signature by virtue of the Constitutional provision that if he does not return a bill with his objections within 10 days (Sundays excepted) after it has been presented to him, it shall be a law in like manner as if hehad signed it. (See Fig. 11, p. 68.) However. if the Congress by their adjournment prevent its return, it does not become law. The latter event is what is known as a "pocket veto", thatis. the bill does not become law even though the President has not senthis objections to the Congress. Notice of the signing of a bill by the President is usually sentby message to the House in which itoriginated and that House informs the. other, although this action is not necessary to the. validityof the Rd. The action is also noted in the CongressionalRecord. A bill becomes law on the date of approval (or passage overthe President's veto), unless it expressly provides a differenteffective date. VETO MESSAGE By the terms of the Constitution, if the President,does not approve the bill "he shall return it, with his objections tothat, House in which it shall have originated, who shall enter theobjections at large on their Journal, and proceed to reconsider it". It, isthe usual but not invariable rule that a bill returned with the President'sobjections, must be voted on at once and whenlaid before the House the question (45) HOW OUR LAWS AREMADE 46 always privi- is considered aspending. A vetoed bill is on the passage take it from the tableis in order at any time. leged, and a motion to the previous questionwhich is put The Member in charge moves is, Will the House on re- by the Speaker, asfollows: "The question consideration agree to pass thebill, the objectionsof the President to notwithstanding?" The Clerkcalls the roll and thosein the contrary and those opposed"No". If favor of passing thebill answer "Aye", (constituting a quorum) fewer than two-thirds ofthe Members present is usually sent vote in the affirmativethe bill is killed, and a message advising that body of thedecision that the bill shall not to the Senate two-thirds vote in theaffirmative, the bill is sent pass. If, however, together with a message with the President'sobjections to the Senate advising it of the action inthe House. procedure in the Senatewhere again a two-thirds There is a similar to pass the hill overthe President's affirmative vote is necessary becomes the objections. If then passedby the Senate the measure notwithstanding the objectionsof the President, and law of the land 12, p. 69.) it is ready for publication as abinding statute. (See Fig. XVII. 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 his signature, the original enrolled bill is sent from the White House to the Administrator of General. Services for publication. If abill 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 theStatutes at Large volume covering that session of the Congress. The public law numbers run in sequence starting anew at the beginning of eachCongress, and since 1957 are prefixed for ready identification by the number of the Con- gresse.g., the first public law of the 95th Congressis designated Public Law 95-1 and subsequent laws of this Congress will also contain the same prefix designator. 6 6SLIP LAWS" The first official publication of the statute is in the formgenerally known as the "slip law". (See Fig. 10, p. 67.) In this form, each law is published separately as an unbound pamphlet. Since thebeginning of the 82d Congress, in 1951, the slip laws have been printed byphoto- electric offset process from the original enrolled bill. This process ensures accuracy and saves both time and expensein preparing the copy. A heading indicates the publiclaw number and bill number, and the date of approval. If the statute has been passed overthe veto of the President, or has become law without his signaturebecause he did not return it with his objections, an appropriate statementis inserted in lieu of the usual notation of approval. (See Figs. 11 and 12, pp. 68 and 69.) The Office of the Federal Register, General Services Administration, which prepares the slip laws, provides marginal editorial notes giving the citations to laws mentioned in the text and other explanatory details. Beginning in 1974, 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 byvol- ume, year, and date. Since 1971, areference to Presidential state - (47) 54 48 SOW OUR LAWS AREMADE mentsrelating to the approvalof a bill (or the veto of abill when the bill becomeslaw)has been included the veto was overridden End citation to the Weekly Com- in the legislativehistory in the ;-...rm of a the Public pilation of Presidential Documents(for slip laws) and to the Statutes at Largevolumes). Papers of the Presidents (for of Copies of the slip laws aredelivered to the document rooms become available to officialsand the public both Houses where they subscription or immedi .tely. They mayalso be obtained by annual the indivii .ual purchase from theSuperintendent of Documents at Government Printing Office. section 113 of title 1 of theUnited States A 1966 amendment of authority of the Ad- Code, makes the "SlipLaws" issued under the and the Treaties andOther Interna- ministrator of General Services, Secretary of State, tional Act Series issuedunder the authorit.7 of he competent evidence in all thecourts, tribunals andpublic offices of the United States, and of theseveral States. STATUTES AT LARGE permanent collectionof the laws of For the purpose of providin, a Ivhiell are called the each session of theCongress the bound volumes, Intedtitates Statutes atLarge, are prepared by theGeneral Services Administration. When the latestvolume containing thelaws of the Congress becomes availableit will be No. 91 first session of the 95th complete index and a tableof con- in the series.Each volume contains a table of earlier laws affected, aswell as a most tents and, since 1956, alegislative history of each lawin the volume. useful table showing the laws in earlier There are also extensivemarginal notes referring to matters in the same volume. volumes and earlier and later enacted in 1895 these Under the provisionsof a statute originally of the laws containedin them and will volumes are legal evidence in the United States. be accepted as proof ofthose laws in any court The Statutes at. Large areonly a chronologicalarrangement of isi no attempt to the laws exactly as theyhave been enacted. There according to their subjectmatter or to show the arrange the laws amended on one or more present status eof anearlier law that has been occasions. That is thefunction of a code of laws. US ITED STATES CODE codification The United States Codecontains a consolidation and permanent laws of theUnited States arranged of the general and !miler fitly title headings, inalphabetical according to subject matter of the laws, order to a large degree.It sets out the current status without repeating all thelanguage of the amendatory as amended, for that purpose andis declared to be acts except where neees.sarythose laws. Its purpose is topresent the laws prima facie evidence of to the many in a concise and usableform without requiring. recourse volumes of the Statutesat Large containingthe individual amendments. Counsel of the House of The ('ode is preparedby the Law Revision editions are published everysix years and Representatives. New of Cad' cumulative supplements arepublished after the conclusion regular session of the ( 'ongress.

5 5 HOW OUR LAWS ARE MADE 49 Nineteen of the fifty titles have been revised and enacted as law, and one has been eliminated by consolidation with another. Those titles are now legal evidence of the law and the courts will receive them as proof of those laws. It is hoped that eventually all the titles will be revised and enacted into law and that thereafter they will be kept up to date by direct amendment.

56 APPENDIX

SELECT LIST OFGOVERNMENTPUBLICATIONS Analysis and Interpretation,with Constitution of the UnitedStates of America, of the United Statesto annotations of cases decidedby the Supreme Court Library of by the CongressionalResearch Service, June 29, 1972; prepared Lester S. Jayson,supervising editor. Congress, Johnny H.Killian, editor, and Supplements publishedperiodically. sentatives House Rules and Manual:Manual and Rules ofthe House of Repr Constitution, Jefferson's Brown. Parliamentarian. of the United States,prepared by Win. Holmes New editions are publishedeach Congress. Senate Manual : and resolutionsaffecting the Containing the standingrules, orders, laws, Manual, Declaration business of the UnitedStates Senate; Jefferson'sConstitution of theUnited of Independence,Articles of Confederation,of the SenateCommittee on States, etc. Preparedunder the directionpublished each Congress. Rules and Administration.New editions are Hinds' Precedents of theHouse of Representatives: laws, and decisions Including references toprovisions of the Constitution, of the Senate, byAsher C. Hinds. Vols. 1-5 (1907). compiled by ClarenceCannon, are supplementary Vols. 6-8 (1935), as from 1907 to 1935,revised to vols. 1-5 and coverthe 28-year period up to and includingthe 73d Congress. [Now in the processof Vols. 9-11 (1941) areindex-digest to vols. 1-5. revision.] the House of Representatives: sometime 'Cannon's Procedure in A.M., LL.B., LL.D.,Member of Congress, of the By Clarence Cannon, House, Speaker protempore, Chairman Parliamentarian of theChairman of Committee onAppropriations, etc. Committee of the Whole, Representatives : Desch ler's Procedurein the U.S. House of Parliamentarian of theHouse By Lewis Deschler,3I.P.L., J.D., L.L.D., (1928-1974) . Senate Procedure: Senate: Senate Document By Floyd M. Riddick,Parliamentarian of the No. 93-21 (1974).Representatives and Historyof Legislation : Calendars of the House of prepared under thedirection of Published each day theHouse Is in session ; the Clerk of the Houseof Representatives. Committee Calendars: committees of the Houseof Published periodically bymost of the standing bills and resolutions Representatives and Senate,containing the history of referred to the particularcommittee. Bills and Resolutions : therein Digest of Public Generalpublic bills and resolutions,and changes made A brief synopsis of prepared by AmericanLaw Division, Con- during the legislative process; Congress, and publishedduring gressional ResearchService, Library of biweekly supplementa- each session in 5 or morecumulative issues with tion as needed. Congressional Record : Senate, published daily,and Proceedings and debatesof the house andresolutions at the conclusion bound with an index andhistory of bills and of each session of theCongress.f Washington, of Documents.Government Printing Office, 'For sale by the Superintendent (1780- D.C. 20402. in the Annals of Congress tThe record of debatesprior to 1574 was publishedthe Congressional Globe(1833-18731. 1824), The Register ofDebates (1824-1537). and (50)

5 7 HOW OUR LAWS ARE MADE 51

Journal of the House of Representatives : Official record of the proceedings of the House, published at the conclusion of each session under the direction of the Clerk of the House. Journal of the United States Senate: Official record of the proceedings of the Senate, published at the conclusion of each session under the direction of the Secretary of the Senate. United States Statutes at Large: Containing the laws and concurrent resolutions enacted, and reorganization plans and proclamations promulgated during each session of the Congress, published annually under the direction of the Administrator of General Services by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408. Supplemental volume : Tables of Laws Affected, Volumes 70-84 (1956-70), containing tables of prior laws amended, repealed, or patently affected by provisions of public laws enacted during that period. Additional parts, containing treaties and international agreements other than treaties, published annually under the direction of the Secretary of State until 1950. United States Treaties and Other International Agreements : Compiled and published annually since 1950 under the direction of the Secretary of State. Treaties and Other International Agreements of the United States of America, 1776-1949: A consolidation of the texts of treaties and other international agreements prior to 19.10, compiled under the direction of Charles I. Bevans, Assistant Legal Adviser, Department of State, volumes 1-XII (index volume in preparation). United States Code: The general and permanent laws of the United States in force on the day preceding the commencement of the session following the last session the legislation of which is included ; arranged in 50 titles; prepared under the direction and supervision of the Law Revision Counsel of the House of Representatives. New editions are published every 6 years and cumulative supplements are published annually. Federal Register : Presidential Proclamations, Executive Orders, and Federal agency orders, regulations, and notices, and general documents of public applicability and legal effect, published daily. The regulations therein amend the Code of Federal Regulations. Published by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408. Code of Federal Regulations : Cumulates in bound volumes the general and permanent rules and regulations of Federal agencies published in the Federal Register, including Presidential documents. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Titles 1-16 as of January 1; Titles 17-27 as of April 1; Titles 28-41 as of July 1; and Titles 42-50 as of October 1. Published by the Office of the Federal Register, National Archives and Records Service, General Services Administration. Washington, D.C. 20408. Weekly Compilation of Presidential Documents: Containing statements, messages, and other Presidential materials released by the White House up to 5:00 p.m. Friday of each week, published every Monday by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408. Public papers of the Presidents of the United States : Containing public messages and statements, verbatim transcriptof the President's News Conference and other selected papers releasedby the White House each year, since 1945, rompiled by the Office of theFederal Register, National Archives and Records Service, GeneralServices Administration, Washington. D.C. 20408.

J8 MADE 52 (HOW OUR LAWS ARE of the Senate, Enactment of a Law, byMurray Zweben, Parliamentarianthe Senate: Senate under the direction ofFrancis R. Valeo, Secretary of Document No.152, 94th Congress,2d Session, 1976. House of Representatives,by Dr. George It. History of the United StatesAmerican Government, LegislativeReference Galloway, Senior Specialist in Congress, 1st Service. Library of Congress :House Document No. I(), Ninli preparation.] Session, 196.. [New edition byin Charles J. Zinn :Committee Print of the House Veto Power of the President, Std Congress, 1st Session,195]. Committee on the Judiciary,Executive by the Congressof the United States, Extent of the Control of the House Committee on Govern- by Dr. Charles J. Zinn :Committee Print of the Congress, 2d Session, 1362. ment Operations, 87th What Is It? How DoesIt Function? Our American Government, 1975. House Document No. 257,95th Congress, 1st Session, HOW OUR LAWS ARE MADE 53

[Figure 1Introduced Print*] 90.rit CONGRESS .R. 8629

IN THE HOUSE OFREPRESENTATIVES Arm. 17,1967 Mr. CEu.En introduced the following bill;which was referred to the dem- mittee on the Judiciary

A BILL To amend the Act of July 4, 1966(Public Law 89-491).

1 Be it enacted by the Senate andHouse of Representa- 2fives of the United States ofAmerica in Congress assembled, 3 That the Act of July 4, 1968 (80Stat. 259), is hereby 4 amended as follows:

5 E. By adding in section 2 (b)(3)the wordi "the 6 Secretary of Commerce," after the words,"the Secretary 1 of Defense,".

8 2. By deleting in section 3 (d) thewords "t.ivo yt.a.rs

9after tl,e date of the enactment of thisAct," and inserting 10in lieu thereof "July 4, 1961.1.".

All Illustrations In this document ere reduced In sire.

60 MADE 54 BOW OID1 LAWS ARE

inserting in lieu thereof 1 3. By deletingsection 7 (a) and 2 the following: authorized to be appropriated 3 "SEc. 7. (a) There are be necessary 4 without fiscal yearlimitation such sums as may

5for the expenses ofthe Commission."

6' HOW OUR LAWS ARE MADE 55

[Figure 2Reported Print] Union Calendar No.182 90TrisghNGLESS 8629 [Report No. 509]

IN THE HOUSE OF REPRESENTATIVES

APRIL 17,1967 Mr. (Nu= introduced the following, bill ; which wasreferred to the Com- mittee on the Judiciary

JULY 25,1967 Reported with an amendment, committed to theCommittee of the WholeHOUBO on the State of the Union, andordered to be printed [Omit the part struck through and Insert the part printedin Italie] A BILL To amend the Act of July 4, 1966 (PublicLaw 89-491). Be. it enacted by the Senate and House ofRepreSentor 2 fives of the United Statesof America in Congress assembled, 3That the Act of July 4, 1966 (80 Stat.259),is hereby 4 'amended as follows: 5 1. By adding in section 2 (b) (3)the words "the 6 Secretary of Commerce," after the words,"the Secretary 7 of Defense,". 8 2. By deleting in section 3 (d)the words "two years 9 leer the date of the enactment of thisAct," and inserting 10 in lieu thereof "July 4, 1969.". 62 ARE MADE 56 BOW OUR LAWS

section 7 (a) andinserting in lieuthereof 1 3. By deleting 2the following: aathoFized to heapprepFiatefl 3 "Sec. -77 -44- Them aFe he neeessaFy 4 without fiseal yearlimitation seat ssms as may 5 fOF the eNpensesof the GemmissiemE be appropriated not 6 "Sec. 7. (a) Thereis authorized to through fiscal year1969." to exceed$450,000 for the period HOW 017R LAWS ARE MADE 57

[Figure 3House Committee Report 90TH CONGRESS HOUSE OF REPRESENTATIVES 1 REPORT .1 8t Se881.071. j No. 509

AMERICAN REVOLUTION BICENTENNIAL COMMISSION

JULY 25, 1967.Committed to the Committee of the Whole House onthe ,State of the Union and ordered to be printed

Mr. ROGERS of Colorado, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 8629] The Committee on the Judiciary, to whom wasreferred the bill (H. R. 8629) to amend the act of July 4, 1966 (Public Law89-491), having considered the same, report favorably thereon with anamend- ent and recommend that the bill do pass. The amendment is as follows: On page 2, strike lines 3 through 5 and insert inlieu thereof the following: "SEc. 7. (a) There is authorized to be appropriated not to exceed $450,000 for the period through fiscal year1969." EXPLANATION OF AMENDMENT The purpose of the amendment is to limit theauthorization for appropriations to $450,000 during the period through fiscal year1969. PURPOSE OF THE BILL The purpose of H.R. 8629 is threefold : First,it would add the Secretary of Commerce as an ex officio memberof the Commission; second, it would extend the date on which theCommission shall report to the President by 1 yearfromJuly 4, 1968, to July 4, 1969; third, it would authorize the appropriation of publicfunds to finance the work of the Commission. STATEMENT Public Law 89-491, approved July 4, 1966,established the American Revolution Bicentennial Commission to commemoratethe American [Rule XIII of the Rules of the House now requirethe report to contain an esti- mate of the costs involved in the reported bill except asto certain committees. Rule XI also requires that when a record vote istaken, on a bill being reported by a committee, the report shall include the result ofthat vote] First page only. LAWS ARE MADE 58 CHOW OUR [Figure 4EngrossedBi 111

gam CONGRESS lsr&SSW/ .R. 8629

AN ACT 1966 (PublicLaw 89-491). To amend theAct of July 4, Representa- by the Senateand House of 1 Be it enacted America inCongress assembled, 2Lives of theUnited States of Stat. 259) , ishereby 3 That theAct of July4, 1966 (80 4 amended asfollows: (b) (3)the words"the 5 1. By addingin section 2 the words,"the Secretary 6 Secretary ofCommerce," after 7of Defense,". (d) the words"two years 8 2. By deletingin section 3 of this Act,"and inserting 9after the dateof the enactment 10 in lieu thereof"July 4, 1969.". section 7 (a)and inserting inlieu thereof 11 3. By deleting

12the following: appropriated not There is authorizedto be 13 "SEC. 7. (a) period throughfiscal year 1969." 14to exceed$450,000 for the August 7, 1967. Passed the Houseof Representatives W. PATJENNINGS, Attest: Clerk.

Printed on blue paper. 6.3- ROW OUR LAWS ARE MADE 59

[Figure 5Senate Referred ("Act") Print]

90rir CONGRESS 1ST SESSION R. 8629

IN THE SENATE OF THEUNITED STATES AuousT 8,1967 Read twice and referred to the Committee on theJudiciary

AN ACT To.amend the Act of July 4, 1966 (PublicLaw 89-491) .

1 Be it enacted by the Senate andHouse of Representa- 2tives of the United States of Americain Congress assembled, 3 That the Act of July 4, 1966(80 Stat. 259) ,is hereby 4 amended as follows: 5 1. By adding in section 2 (b)(3) the words "the Sec- 6retary of Commerce," after thewords, "the Secretary of Defense,". 8 2. By deleting in section 3 (d) thewords "two years 9after the date of the enactment of thisAct," and inserting 10in lieu thereof "July 4, 1969.".

66 ARE MADE 60 BOW OUR LAWS

section 7 (a) andinserting in lieu thereof 1 3. By deleting 2the following: authorized to be appropriatednot 3 "SEc. 7. (a) There is through fiscal year1969." 4to exceed$450,000 for the period 1967. Passed the House ofRepresentatives August 7, Attest: W. PAT JENNINGS, Clerk.

fib HOW OUR LAWS ARE MADE 61

[Figure 6Senate Reported Print] Calendar No. 592 90TH CONGRESS is,. SESSION .R. 8629 [Report No. 609]

IN THE SENATE OF THE UNITED STATES

AUGUST 8,1967 Read twice and referred to the Committee on the Judiciary

Ocron Ert 11 (legislative day, OCTOBER 10), 1967 Reported by Mr. DIRKSEN, with an amendment

[Insert the part printed in italic]

AN AC T To amend the Act of July 4, 1966 (Public Law 89-491) .

1 Be it enacted by the Senate and House of Representa-. 2tives of the United States of America in Congress assembled, 3That the Act of July 4, 1966 (80 Stat. 259) ,is hereby 4 amended as follows:

5 1. By adding in section 2 (b) (3)the words "the 6 Secretary of Commerce," after the words, "the Secretary

7of Defense,". 8 2. By deleting in section 3 (d) the words "two years

9after the date of the enactment of this Act," and inserting

10in lieu thereof "July 4, 1969.".

6s 62 BOW OUR LAWS ARE MADE

thereof 1 3. By deleting section 7(a) and inserting in lieu

2the following:

3 "Sec. 7. (a) There isauthorized to be appropriated not fiscal year 1969." 4to exceed $450,000for the period through

5 -.1. By deleting in section2(b) (1) the word "Four" deleting 6and inserting in lieu thereofthe word "Six"; and by in section 2 (b)( 2 ) theword "Four" and insertingin lieu

8thereof the word "Six". Passed the House of RepresentativesAugust 7, 1967. Attest: W. PAT JENNI.NCS, Clerk.

6 9 HOW OUR LAWS ARE MADE (Figure 7Senate Committee Report3 Calendar No. 592 90T11 CONGRESS SENATE Ritrowr 1st Sedition No. 609

EXTENDING THE AMERICAN REVOLUTION BICENTENNIAL COMMISSION

Ocrotics 11 (legislative day, Ocroatta 10), 1987.Ordered to be printed

Mr. D1RIESEN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 8829] The Committee on the Judiciary, to which was referred the bill (H.R. 8629) to amend the act of July 4, 1966 (Public Law 89-491), having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. AMENDMENT On page 2, after line 4, insert the following: 4. By deleting in section 2(b) (1) the word "Four" and inserting in lieu thereof the word "Six"; and by deleting in section 2(b) (2) the word "Four" and inserting in lieu thereof the word "Six". PtRPOSE OF AMENDMENT The purpose of the amendment is to inc..ase the Senate membership on the Commission from four members tosix members, and to increase the House of Representatives membership on theCommission from four members to six members. Prrarosz The purpose of the proposed legislation, as amended, isfourfold: First, it would add the Secretary of Commerce as an exofficio member of the Commission ; second, it would extend thedate on which the With certain exceptions. legislative Reorganization Act of 1970, requires the report to contain an r. e of the casts Involved in the bill ] first pate only 70 ARE MADE 64 IEEOW OUR LAWS [Figure B.ConferenceCommittee Report] REPoirr 90Tit CONGRESS 1HOUSE OFREPRESENTATIVES No. 987 1st Session j

COMMISSION AMERICAN REVOLUTIONBICENTENNIAL

Novemaint 28, 1967. - -Orderedto be printed

conference, submitted Mr. ROGERS of Colorado,from the committee of the following CONFERENCE REPORT [To accompany H.R.8829] disagreeing votes ofthe two The committee ofconference on the 8629) to amendment of the Senate tothe bill (H.R. Houses on the 89-491), having met,after amend the act of July4,1966 (Public Law and do recommend full and .free conference,have agreed to recommend Houses as follows: to their respective from its amendment. That the Senate recede BYRON G. ROGERS, BASIL WHITENER, ANDREW JACOBS, Jr., Mount) H. Pore, CHARLES E. WIGGING, Managers on the Part ofthe House. EVERETT M. DIRESEN, JOHN L. MCCLELLAN, Managers on the Partof the Senate.

7 HOW OUR LAWS ARE MADE 65 STATEMENT OF THE MANAGERS ONTHE PART OF THE HOUSE The managers on the part of the House at theconference on the disagreeing votes of the two Houses on the amendment of theSenate to the bill (H.R. 8629) to amend the act of July 4,1966 (Public Law 89-491), submit the following statement in explanationof the effect of the action agreed upon by the conferees andrecommended in the accompanying conference report: The Senate passed H.R. 8629 with an amendment. The Housedis- agreed to the amendment and requested a conference ; theSenate then agreed to the conference. H.R. 8629 as it passed the House added the Secretary ofCommerce as an ex officio member of the AmericanRevolution Bicentennial Commission, extended the time within which the Commissionshall report to the President to July 4, 1969, and authorizedthe appropriation of funds to finance the work of the Commission. These provisions are not in disagreement. The Senate amendment added a provision which increased fromfour members to six members each the House and Senate membership on tile Commission. The conference report recommends that the Senate recede fromits amendment. BYRON G. Rooms, BASIL WHITENER, ANDREW JACOBS, Jr., RICHARD H. POFF. CHARLES E. WIGGINS, Managers on the Part of the Rouse. (Legislative Reorganization Act of 1970, and the Rules of the House now require the statement to be prepared jointly by conferees on the part of the House and conferees on the part of the Senate] FORMAT or JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendments) of the House( Senate) to the bill (joint resolution) [number] ____ (title) ____submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report.

Managers on the part Managers on the part of the House. of the Senate.

72 MADE 66 BOW OUR LAWS ARE

[Figure 9Enrolled BillSigned by President)

H. It. WY Dit! IP 1 AW90-1 87

*totes of SIMairil Xinetieth Congressof the United AT TUC FIRST MISSION thy 4 Jaauery. &pa au Arid at the agy ofIrashladpea en liseatley. Je meth war theadon4 Woehaabal sad efeeplesat

Sin Oct To amiol tl. Art of Jul, 4.3o stuUIe hew 169-4iill. end JIuU.e of Item e'en! at;eemof Me R ;t 'matted by the Senote Art of roiled .Vtatee of .4 merino inConger. wilibled. That the hereby amended as follows: July 4 lees (AO Stat. gall), is adding in section 2(6)(3) thewords "the Secretary of Coln- 1. "the Secretary of I *tense, mare, after the words, 3(d) the oriole *Iwo yeoz afterthe date 2. Ity deleting in *Khoo and inserting in hen thereof"Jody 4, of the Inutliment of this Art," 11.160.". thereof the 3. By. deIetitts sectioni(a) and inserting in hen following: to esteem! :lac. 7. (s) There isauthorised to lie appropriated not .430,000 for the period throughfiscal year 106A."

Vies haslJnu el she Coital ea Pro:Loud the

APPROVED DEC 1 21907

If P 11:1'f : ',1267 2-W) ."4410 HOW OTIR LAWS ARE MADE 67

[Pima 10-811p law)

Public Law 90-187 90th Congreau, H. R. 8629 December 12, 2967

2Di 51rt Si STATJ511 To "mend the Act of Jail 4.3966 (Public taw $1,-491). Be it enacted by the Senate and Rows of. kepraerlatioex of the United Stow ot America in Congresa nuevaleo. Ti.at the A..t.c.! bowl :tan TA-cola. July 4,1966 (80 Slat. 259), is hereby amended as &gas's: *ion 5Z-antwo- 1.By adding insectioa 2(b) (3) the words "the Secretary of Coast- nisi Coati .4co. Marne, " after the words,"the Secretary of Defense,". 2. By deleting in section 3(d) the words "two years after the dale of the enactment ofthis Act,"and inserting in lieu thereof "July 4, ioen.. 3. By deleting section 7(a) and inserting in lieu thereof the following: "Sam 7. (a) Thereis authorized to be appropriated not to exceedAppropriation. $430,000 for the period through fiscal year 1969." Approved December 12, 1967.

LEGISLATIVE HISTORY, ROUSE REPORTS, No. 509 (come. on the Judiciary) and No. 967 (Caw. of Conference). SENATE REPORT No, 609 (Com. on the Judiciary). CoNctsassioNat RECORD, Vol. 113 (1967), Aug.7, Considered and passed linos. Ost. 12, Considered and passed Senate, emended. Nes. 268 Senate agreed to conference report. Rev. 29, House agreed to eonferenoe report. ARE MADE 68 BOW OUR LAWS approval of the President] (Figure 11Copy of Actwhichbecamea law without

Public Law 93-190 93rd Congress,S. 2641 December 18, 1973 2in 2trt the district court of theUnited States of certain To confer jurisdiction upon Presidential CimpeIgn civil actions brought by theSenate Select Committee on Activities, and for other purposes. of Representatives ofthe Be it enacted bythe Senate and House That (a) the District Diatriot United States of Americain Congress assembled, haveCourt for the States for the Districtof Columbia shall Distriot of Co- Court of the Unitedwithout regard to the sum orvalue of the matter original jurisdiction, hereafter brought bylumbia. in controversy, of anycivil action heretofore or Jurisdiction Committee on PresidentialCampaign Activities,over oivil sta- the Senate Select February 7, 1973, by SenateResolution Num-tion* brought which was created on concerning the validityby Senate Sm- bered 60, to enforce or securea declaration order heretofore orhereafter issued by saidleot Conattee of any subpoena or the Vice President or anyother officeron Prasidential Committee to the President or department orCampaign Activi- of the United States or anyofficer or employee of any the saidties. United States to procurethe production before agency of the documents, taped recordings, orother Committee of any information, is authorized to materials relevant to mattersthe said Committee District Court shall havejurisdiction to enter investigate, and the said such civil action as maybe neces- any suchjudgment or decree in any to any such subpoena or sary or appropriateto enforce obedience Campaign Activi-Pressouti on order. Committee on Presidential authority. (b) The Senate Select prosecute in its own name orin the name ties shall have authoritythe to District Court of theUnited States for the of the United States incivil action heretofore orhereafter brought District of Columbia anyenforce or secure adeclaration concerning the by said Committee to order heretofore orhereafter issued by validity of any subpoena or any other officer said Committee to thePresident or Vice President or(lepartment of 67 STAT. 736 of the United States or anyofficer or employee of any 67 STAT. 737 the production beforethe said Committee the United States to procuredocuments, taped recordings, orother materials of any information, Committee is authorized toinvestigate, and relevant to the matters the judgment or decree in said pray the saidDistrict Court to enter such enforce any such civil action as may be necessaryor appropriate to subpoena or order. Campaign Activi-Attorney Committee on Presidential representation. (c) The Senate Selectby such attorneys as it traydesignate in any ties may be represented action prosecuted by saidCommittee under this Act. Federal Register. The foregoingAct, having been presented (Note by the Office of the 1973, for his approval and not United States on December 5, the to the President of the the House of Congress inwhich It originated within Lasing been returned by him to has become a law withoutHs tires prescribed by theConstitution of the United States, approval on December 18,1973.1

LEGISLATIVE HISTORY, (Cam. on theJudiciary). HOUSE REPORT No. 93661 Vol. 119 (1973)1 CONIRESIoNAL RECORD, Nov. 9, consideredand passed Senate. Dee. 3, oonsIderedand passed House. PRESIDENTIAL DOCUMENTS, Vol.9 No. 515 WEEKLY COPTILATION OF Des.17, Presidential a tat ement

7 ROW OUR LAWS ARE MADE 69

(Figure 12Endorsements on Act which beat= a lawafter Presidential veto] Public Law 93-148 November 7, 1973 93rd Congress, H. J. Res. 542

CARL ALBERT Speaker of the House of Representatives.

JAMES 0. EASTLAND President of the Senate pro tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S., November 7, 1973.

The House of Representatives having proceeded toreconsider the resolution (H. J. Res. 542) entitled "Joint resolution concerningthe war powers of Congress and the President", returned by thePresident of the United States with his objections, to the House ofRepresentatives, in which it originated, it was Resolved, That the said resolution pass,two-thirds of the House of Representatives agreeing to pass the same. Attest: W. PAT JENNINGS Clerk.

I certify that this Joint Resolution originated inthe House of Representa- tives. W. PAT JENNINGS Clerk.

IN THE SENATE OF THE UNITED STATES November 7, 1973.

The Senate having proceeded to reconsider thejoint resolution (H. J. Res. 542) entitled "Joint resolution concerning the war powersof Congress and the President", returned by the President of theUnited States with his objections to the House of Representatives, inwhich it originated, it was Resolved, That the said joint resolution pass,two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO Secretary. 0

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