To prepare for this assignment, review the key components of the health care policy process in Ch. 3 of Health policymaking in t

U.S. GOVERNMENT PRINTING OFFICE WASHINGTON :

For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

36–931 2007

110TH CONGRESS DOCUMENT " ! HOUSE OF REPRESENTATIVES 1st Session 110–49

HOW OUR LAWS ARE MADE

Revised and Updated

By John V. Sullivan, Parliamentarian,

U.S. House of Representatives

Presented by Mr. Brady of Pennsylvania

July 24, 2007.—Ordered to be printed

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H. Con. Res. 190 Agreed to July 25, 2007

One Hundred Tenth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the fourth day of January, two thousand and seven

Concurrent Resolution

Resolved by the House of Representatives (the Senate concurring), SECTION 1. HOW OUR LAWS ARE MADE.

(a) IN GENERAL.—An edition of the brochure entitled ‘‘How Our Laws Are Made’’, as revised under the direction of the Parliamen- tarian of the House of Representatives in consultation with the Parliamentarian of the Senate, shall be printed as a House docu- ment under the direction of the Joint Committee on Printing.

(b) ADDITIONAL COPIES.—In addition to the usual number, there shall be printed the lesser of—

(1) 550,000 copies of the document, of which 440,000 copies shall be for the use of the House of Representatives, 100,000 copies shall be for the use of the Senate, and 10,000 copies shall be for the use of the Joint Committee on Printing; or

(2) such number of copies of the document as does not exceed a total production and printing cost of $479,247, with distribu- tion to be allocated in the same proportion as described in paragraph (1), except that in no case shall the number of cop- ies be less than 1 per Member of Congress.

Attest: LORRAINE C. MILLER,

Clerk of the House of Representatives.

Attest: NANCY ERICKSON

Secretary of the Senate.

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EARLIER PRINTINGS

Number Document of copies

1953, H. Doc. 210, 83d Cong. (H. Res. 251 by Mr. Reed) 36,771 1953, H. Doc. 210, 83d Cong. (H. Res. 251 by Mr. Reed) 122,732 1955, H. Doc. 210, 83d Cong. (H. Con. Res. 93 by Mr.

Willis) ……………………………………………………………………. 167,728 1956, H. Doc. 451, 84th Cong. (H. Con. Res. 251 by Mr.

Willis) ……………………………………………………………………. 30,385 1956, S. Doc. 152, 84th Cong. (S. Res. 293 by Senator

Kennedy) ……………………………………………………………….. 182,358 1959, H. Doc. 156, 86th Cong. (H. Con. Res. 95 by Mr.

Lesinski) ………………………………………………………………… 228,591 1961, H. Doc. 136, 87th Cong. (H. Con. Res. 81 by Mr.

Willis) ……………………………………………………………………. 211,797 1963, H. Doc. 103, 88th Cong. (H. Con. Res. 108 by Mr.

Willis) ……………………………………………………………………. 14,000 1965, H. Doc. 103, 88th Cong. (S. Res. 9 by Senator

Mansfield) ………………………………………………………………. 196,414 1965, H. Doc. 164, 89th Cong. (H. Con. Res. 165 by Mr.

Willis) ……………………………………………………………………. 319,766 1967, H. Doc. 125, 90th Cong. (H. Con. Res. 221 by Mr.

Willis) ……………………………………………………………………. 324,821 1969, H. Doc. 127, 91st Cong. (H. Con. Res. 192 by Mr.

Celler) ……………………………………………………………………. 174,500 1971, H. Doc. 144, 92d Cong. (H. Con. Res. 206 by Mr.

Celler) ……………………………………………………………………. 292,000 1972, H. Doc. 323, 92d Cong. (H. Con. Res. 530 by Mr.

Celler) ……………………………………………………………………. 292,500 1974, H. Doc. 377, 93d Cong. (H. Con. Res. 201 by Mr.

Rodino) …………………………………………………………………… 246,000 1976, H. Doc. 509, 94th Cong. (H. Con. Res. 540 by Mr.

Rodino) …………………………………………………………………… 282,400 1978, H. Doc. 259, 95th Cong. (H. Con. Res. 190 by Mr.

Rodino) …………………………………………………………………… 298,000 1980, H. Doc. 352, 96th Cong. (H. Con. Res. 95 by Mr.

Rodino) …………………………………………………………………… 298,000 1981, H. Doc. 120, 97th Cong. (H. Con. Res. 106 by Mr.

Rodino) …………………………………………………………………… 298,000 1985, H. Doc. 158, 99th Cong. (H. Con. Res. 203 by Mr.

Rodino) …………………………………………………………………… 298,000

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Number Document of copies

1989, H. Doc. 139, 101st Cong. (H. Con. Res. 193 by Mr. Brooks) …………………………………………………………………… 323,000

1997, H. Doc. 14, 105th Cong. (S. Con. Res. 62 by Sen- ator Warner) ………………………………………………………….. 387,000

2000, H. Doc. 197, 106th Cong. (H. Con. Res. 221 by Mr. Thomas) …………………………………………………………………. 550,000

2003, H. Doc. 93, 108th Cong. (H. Con. Res. 139 by Mr. Ney) ……………………………………………………………………….. 550,000

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FOREWORD

First published in 1953 by the Committee on the Judiciary of the House of Representatives, this 24th edition of ‘‘How Our Laws Are Made’’ reflects changes in congressional procedures since the 23rd edition, which was revised and updated in 2003. This edition was prepared by the Office of the Parliamentarian of the U.S. House of Representatives in consultation with the Office of the Parliamen- tarian of the U.S. Senate.

The framers of our Constitution created a strong federal govern- ment resting on the concept of ‘‘separation of powers.’’

In Article I, Section 1, of the Constitution, the Legislative Branch is created by the following language: ‘‘All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.’’ Article I, Section 5, of the Constitution provides that: ‘‘Each House may de- termine the Rules of its Proceedings, . . .’’.

Upon this elegant, yet simple, grant of legislative powers and rulemaking authority has grown an exceedingly complex and evolv- ing legislative process—much of it unique to each House of Con- gress. To aid the public’s understanding of the legislative process, we have revised this popular brochure. For more detailed informa- tion on how our laws are made and for the text of the laws them- selves, the reader should refer to government internet sites or per- tinent House and Senate publications available from the Super- intendent of Documents, U.S. Government Printing Office, Wash- ington, D.C. 20402.

JOHN V. SULLIVAN.

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T A B L E O F C O N T E N T S

Page

I. Introduction ………………………………………………………….. 1 II. The Congress ………………………………………………………… 1

III. Sources of Legislation ……………………………………………. 4 IV. Forms of Congressional Action ……………………………….. 5

Bills …………………………………………………………………. 5 Joint Resolutions ………………………………………………. 6 Concurrent Resolutions …………………………………….. 7 Simple Resolutions ……………………………………………. 8

V. Introduction and Referral to Committee …………………. 8 VI. Consideration by Committee ………………………………….. 11

Committee Meetings …………………………………………. 11 Public Hearings ………………………………………………… 12 Markup …………………………………………………………….. 14 Final Committee Action …………………………………….. 14 Points of Order With Respect to Committee Hear-

ing Procedure …………………………………………….. 15 VII. Reported Bills ……………………………………………………….. 15

Contents of Reports …………………………………………… 16 Filing of Reports ……………………………………………….. 18 Availability of Reports and Hearings …………………. 18

VIII. Legislative Oversight by Standing Committees ……….. 18 IX. Calendars ……………………………………………………………… 19

Union Calendar ………………………………………………… 19 House Calendar ………………………………………………… 20 Private Calendar ………………………………………………. 20 Calendar of Motions to Discharge Committees …… 20

X. Obtaining Consideration of Measures …………………….. 20 Unanimous Consent ………………………………………….. 21 Special Resolution or ‘‘Rule’’ ………………………………. 21 Consideration of Measures Made in Order by Rule

Reported From the Committee on Rules ………. 22 Motion to Discharge Committee ………………………… 22 Motion to Suspend the Rules …………………………….. 23 Calendar Wednesday ………………………………………… 24 District of Columbia Business ……………………………. 24 Questions of Privilege ……………………………………….. 24

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Privileged Matters …………………………………………….. 25 XI. Consideration and Debate ……………………………………… 25

Committee of the Whole ……………………………………. 26 Second Reading ………………………………………………… 27 Amendments and the Germaneness Rule …………… 28 Congressional Earmarks …………………………………… 28 The Committee ‘‘Rises’’ ……………………………………… 28 House Action …………………………………………………….. 29 Motion to Recommit ………………………………………….. 29 Quorum Calls and Rollcalls ……………………………….. 30 Voting ………………………………………………………………. 31 Electronic Voting ………………………………………………. 33 Pairing of Members …………………………………………… 33 System of Lights and Bells ………………………………… 33 Recess Authority ………………………………………………. 34 Live Coverage of Floor Proceedings ……………………. 34

XII. Congressional Budget Process ………………………………… 35 XIII. Engrossment and Message to Senate ……………………… 36 XIV. Senate Action ………………………………………………………… 37

Committee Consideration ………………………………….. 37 Chamber Procedure ………………………………………….. 38

XV. Final Action on Amended Bill ………………………………… 41 Request for a Conference …………………………………… 42 Authority of Conferees ………………………………………. 43 Meetings and Action of Conferees ……………………… 44 Conference Reports …………………………………………… 46 Custody of Papers …………………………………………….. 48

XVI. Bill Originating in Senate ………………………………………. 49 XVII. Enrollment ……………………………………………………………. 49

XVIII. Presidential Action ………………………………………………… 50 Veto Message ……………………………………………………. 51 Line Item Veto ………………………………………………….. 52

XIX. Publication ……………………………………………………………. 52 Slip Laws …………………………………………………………. 53 Statutes at Large ……………………………………………… 53 United States Code …………………………………………… 54

Appendix ………………………………………………………………………….. 55

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HOW OUR LAWS ARE MADE

I. INTRODUCTION

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

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

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

II. THE CONGRESS

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

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

The Senate is composed of 100 Members—two from each state, regardless of population or area—elected by the people in accord- ance with the 17th Amendment to the Constitution. The 17th Amendment changed the former constitutional method under which Senators were chosen by the respective state legislatures. A Senator must be at least 30 years of age, have been a citizen of the United States for nine years, and, when elected, be an inhabitant of the state for which the Senator is chosen. The term of office is six years and one-third of the total membership of the Senate is

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elected every second year. The terms of both Senators from a par- ticular state are arranged so that they do not terminate at the same time. Of the two Senators from a state serving at the same time the one who was elected first—or if both were elected at the same time, the one elected for a full term—is referred to as the ‘‘senior’’ Senator from that state. The other is referred to as the ‘‘junior’’ Senator. If a Senator dies or resigns during the term, the governor of the state must call a special election unless the state legislature has authorized the governor to appoint a successor until the next election, at which time a successor is elected for the bal- ance of the term. Most of the state legislatures have granted their governors the power of appointment.

Each Senator has one vote. As constituted in the 110th Congress, the House of Representa-

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

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

A Representative must be at least 25 years of age, have been a citizen of the United States for seven years, and, when elected, be an inhabitant of the state in which the Representative is chosen. Unlike the Senate where a successor may be appointed by a gov- ernor when a vacancy occurs during a term, if a Representative

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dies or resigns during the term, the executive authority of the state must call a special election pursuant to state law for the choosing of a successor to serve for the unexpired portion of the term.

Each Representative has one vote. In addition to the Representatives from each of the States, a

Resident Commissioner from the Commonwealth of Puerto Rico and Delegates from the District of Columbia, American Samoa, Guam, and the Virgin Islands are elected pursuant to federal law. The Resident Commissioner, elected for a four-year term, and the Delegates, elected for two-year terms, have most of the preroga- tives of Representatives including the right to vote in committees to which they are elected, the right to vote in the Committee of the Whole (subject to an automatic revote in the House whenever a re- corded vote has been decided by a margin within which the votes cast by the Delegates and the Resident Commissioner have been decisive), and the right to preside over the Committee of the Whole. However, the Resident Commissioner and the Delegates do not have the right to vote on matters before the House.

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

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

The Constitution authorizes each House to determine the rules of its proceedings. Pursuant to that authority, the House of Rep- resentatives adopts its rules anew each Congress, ordinarily on the opening day of the first session. The Senate considers itself a con- tinuing body and operates under continuous standing rules that it amends from time to time.

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

The chief function of Congress is the making of laws. In addition, the Senate has the function of advising and consenting to treaties and to certain nominations by the President. Under the 25th Amendment to the Constitution, a vote in each House is required to confirm the President’s nomination for Vice-President when there is a vacancy in that office. In the matter of impeachments, the House of Representatives presents the charges—a function

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similar to that of a grand jury—and the Senate sits as a court to try the impeachment. No impeached person may be removed with- out a two-thirds vote of those Senators voting, a quorum being present. The Congress under the Constitution and by statute also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January following a presidential elec- tion, unless by law they appoint a different day, to count the elec- toral votes. If no candidate receives a majority of the total electoral votes, the House of Representatives, each state delegation having one vote, chooses the President from among the three candidates having the largest number of electoral votes. The Senate, each Sen- ator having one vote, chooses the Vice President from the two can- didates having the largest number of votes for that office.

III. SOURCES OF LEGISLATION

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

In addition, the Member’s constituents, either as individuals or through citizen groups, may avail themselves of the right to peti- tion and transmit their proposals to the Member. The right to peti- tion is guaranteed by the First Amendment to the Constitution. Similarly, state legislatures may ‘‘memorialize’’ Congress to enact specified federal laws by passing resolutions to be transmitted to the House and Senate as memorials. If favorably impressed by the idea, a Member may introduce the proposal in the form in which it has been submitted or may redraft it. In any event, a Member may consult with the Legislative Counsel of the House or the Sen- ate to frame the ideas in suitable legislative language and form.

In modern times, the ‘‘executive communication’’ has become a prolific source of legislative proposals. The communication is usu- ally in the form of a message or letter from a member of the Presi- dent’s Cabinet, the head of an independent agency, or the Presi- dent himself, transmitting a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate. Despite the structure of separation of powers, Article II, Section 3, of the Constitution imposes an obligation on the President to report to Congress from time to time on the ‘‘State of the Union’’ and to recommend for consideration such measures as the President con- siders necessary and expedient. Many of these executive commu-

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nications follow on the President’s message to Congress on the state of the Union. The communication is then referred to the standing committee or committees having jurisdiction of the subject matter of the proposal. The chairman or the ranking minority member of the relevant committee often introduces the bill, either in the form in which it was received or with desired changes. This practice is usually followed even when the majority of the House and the President are not of the same political party, although there is no constitutional or statutory requirement that a bill be in- troduced to effectuate the recommendations.

The most important of the regular executive communications is the annual message from the President transmitting the proposed budget to Congress. The President’s budget proposal, together with testimony by officials of the various branches of the government be- fore the Appropriations Committees of the House and Senate, is the basis of the several appropriation bills that are drafted by the Committees on Appropriations of the House and Senate.

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

IV. FORMS OF CONGRESSIONAL ACTION

The work of Congress is initiated by the introduction of a pro- posal in one of four forms: the bill, the joint resolution, the concur- rent resolution, and the simple resolution. The most customary form used in both Houses is the bill. During the 109th Congress (2005–2006), 10,558 bills and 143 joint resolutions were introduced in both Houses. Of the total number introduced, 6,436 bills and 102 joint resolutions originated in the House of Representatives.

For the purpose of simplicity, this discussion will be confined generally to the procedure on a measure of the House of Represent- atives, with brief comment on each of the forms.

BILLS

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

The form of a House bill is as follows:

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A BILL

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

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

The enacting clause was prescribed by law in 1871 and is iden- tical in all bills, whether they originate in the House of Representa- tives or in the Senate.

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

There are two types of bills—public and private. A public bill is …

H O M E S T A T E O F T H E S T A T E S A D V O C A C Y 1 0 1 A B O U T U S C O N T A C T

The Legislative Process

Introduction Anyone may draft a bill; however, only members of Congress can introduce legislation, and by doing so become the sponsor(s). There are four basic types of legislation: bills, joint resolutions, concurrent resolutions, and simple resolutions. The

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