[Congressional Record Volume 141, Number 192 (Tuesday, December 5, 1995)]
[House]
[Page H13939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AGREEMENT BETWEEN REPUBLICAN AND DEMOCRATIC OFFICIAL OBJECTORS RELATIVE 
          TO PROCEDURES FOR CONSIDERATION OF PRIVATE CALENDAR

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that at this 
point in the Record there be inserted an agreement between the three 
Republican and three Democratic official objectors to the Private 
Calender relative to procedures used for the consideration of the 
Private Calendar during the 104th Congress.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The text of the agreement is as follows:

       Mr. Sensenbrenner. Mr. Speaker, I would like to take this 
     opportunity to set forth some of the history behind, as well 
     as describe the workings of the Private Calendar. I hope this 
     might be of some value to the Members of this House, 
     especially our newer colleagues.
       Of the five House Calendars, the Private Calendar is the 
     one to which all Private Bills are referred. Private Bills 
     deal with specific individuals, corporations, institutions, 
     and so forth, as distinguished from public bills which deal 
     with classes only.
       Of the 108 laws approved by the First Congress, only 5 were 
     Private Laws. But their number quickly grew as the wars of 
     the new Republic produced veterans and veterans' widows 
     seeking pensions and as more citizens came to have private 
     claims and demands against the Federal Government. The 49th 
     Congress, 1885 to 1887, the first Congress for which complete 
     workload and output data is available--passed 1,031 Private 
     Laws, as compared with 434 Public Laws. At the turn of the 
     century the 56th Congress passed 1,498 Private Laws and 443 
     Public Laws--a better than three to one ratio.
       Private bills were referred to the Committee on the Whole 
     House as far back as 1820, and a calendar of private bills 
     was established in 1839. These bills were initially brought 
     before the House by special orders, but the 62nd Congress 
     changed this produce by its rule XXIV, clause six which 
     provided for the consideration of the Private Calendar in 
     lieu of special orders. This rule was amended in 1932, and 
     then adopted in its present form on March 22, 1935.
       A determined effort to reduce the private bill workload of 
     the Congress was made in the Legislative Reorganization Act 
     of 1946. Section 131 of that Act banned the introduction or 
     the consideration of four types of private bills: first, 
     those authorizing the payment of money for pensions; second, 
     for personal or property damages for which suit may be 
     brought under the Federal tort claims procedure; third, those 
     authorizing the construction of a bridge across a navigable 
     stream, or fourth, those authorizing the correction of a 
     military or naval record.
       This ban afforded some temporary relief but was soon offset 
     by the rising postwar and cold war flood for private 
     immigration bills. The 82nd Congress passed 1,023 Private 
     Laws, as compared with 594 Public Laws. The 88th Congress 
     passed 360 Private Laws compared with 666 Public Laws.
       Under rule XXIV, clause six, the Private Calender is called 
     the first and third Tuesday of each month. The consideration 
     of the Private Calendar bills on the first Tuesday is 
     mandatory unless dispensed with by a two-thirds vote. On the 
     third Tuesday, however, recognition for consideration of the 
     Private Calendar is within the discretion of the Speaker 
     and does not take precedence over other privileged 
     business in the House.
       On the first Tuesday of each month, after disposition of 
     business on the Speaker's table for reference only, the 
     Speaker directs the call of the Private Calendar. If a bill 
     called is objected to by two or more Members, it is 
     automatically recommitted to the Committee reporting it. No 
     reservation of objection is entertained. Bills unobjected to 
     are considered in the House in the Committee of the Whole.
       On the third Tuesday of each month, the same procedure is 
     followed with the exception that omnibus bills embodying 
     bills previously rejected have preference and are in order 
     regardless of objection.
       Such omnibus bills are read by paragraph, and no amendments 
     are entertained except to strike out or reduce amounts or 
     provide limitations. Matter so stricken out shall not be 
     again included in an omnibus bill during that session. Debate 
     is limited to motions allowable under the rule and does not 
     admit motions to strike out the last word or reservation of 
     objections. The rules prohibit the Speaker from recognizing 
     Members for statements or for requests for unanimous consent 
     for debate. Omnibus bills so passed are thereupon resolved in 
     their component bills, which are engrossed separately and 
     disposed of as if passed separately.
       Private Calendar bills unfinished on one Tuesday go over to 
     the next Tuesday on which such bills are in order and are 
     considered before the call of bills subsequently on the 
     calendar. Omnibus bills follow the same procedure and go over 
     to the next Tuesday on which that class of business is again 
     in order. When the previous question is ordered on a Private 
     Calendar bill, the bill comes up for disposition on the next 
     legislative day.
       Mr. Speaker, I would also like to describe to the newer 
     Members the Official Objectors system the House has 
     established to deal with the great volume of Private Bills.
       The Majority Leader and the Minority Leader each appoint 
     three Members to serve as Private Calendar Objectors during a 
     Congress. The Objectors are on the Floor ready to object to 
     any Private Bill which they feel is objectionable for any 
     reason. Seated near them to provide technical assistance are 
     the majority and minority legislative clerks.
       Should any Member have a doubt or questions about a 
     particular Private Bill, he or she can get assistance from 
     objectors, their clerks, or from the Member who introduced 
     the bill.
       The great volume of private bills and the desire to have an 
     opportunity to study them carefully before they are called on 
     the Private Calendar has caused the six objectors to agree 
     upon certain ground rules. The rules limit consideration of 
     bills placed on the Private Calendar only shortly before the 
     calendar is called. This agreement adopted on December 5, 
     1995, the Members of the Majority Private Calendar Objectors 
     Committee have agreed that during the 104th Congress, they 
     will consider only those bills which have been on the Private 
     Calendar for a period of seven (7) days, excluding the day 
     the bill is reported and the day the calendar is called. 
     Reports must be available to the Objectors for three (3) 
     calendar days.
       It is agreed that the majority and minority clerks will not 
     submit to the Objectors any bills which do not meet this 
     requirement.
       This policy will be strictly enforced except during the 
     closing days of a session when the House rules are suspended.
       This agreement was entered into by: The gentleman from 
     Wisconsin (Mr. Sensenbrenner), the gentleman from North 
     Carolina (Mr. Coble), the gentleman from Virginia (Mr. 
     Goodlatte), the gentleman from Virginia (Mr. Boucher), the 
     gentleman from Maryland (Mr. Mfume), and the gentlelady from 
     Connecticut (Mrs. DeLauro).
       I feel confident that I speak from my colleagues when I 
     request all Members to enable us to give the necessary 
     advance consideration to private bills by not asking that we 
     depart from the above agreement unless absolute necessary.
     F. James Sensenbrenner, Jr.
     Howard Coble.
     Bob Goodlatte.
     Rick Boucher.
     Kweisi Mfume.
     Rosa DeLauro.

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