[Congressional Record Volume 154, Number 116 (Tuesday, July 15, 2008)]
[Extensions of Remarks]
[Page E1455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E1455]]


                          THE PRIVATE CALENDAR

                                 ______
                                 

                           HON. RICK BOUCHER

                              of virginia

                    in the house of representatives

                         Tuesday, July 15, 2008

  Mr. BOUCHER. Madam Speaker, we would like to take this opportunity to 
set forth some of the history behind, as well as describe the workings 
of the Private Calendar. We hope this might be of some value to the 
Members of this House, especially our newer colleagues. Of the four 
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 of 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 procedure 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 27, 1935. When the House 
recodified its rules in the 106th Congress, this provision was 
transferred from rule XXIV, clause 6 to rule XV, clause 5.
  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 XV, clause 5, the Private Calendar 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 un-objected 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. Matters 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.
  Madam Speaker, we would also like to describe to the newer Members 
the Official Objectors Committee, the 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 question 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. With this 
agreement, adopted on July 10, 2008, the Members of the Private 
Calendar Objectors Committee have agreed that during the 110th 
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 Virginia (Mr. 
Boucher), the gentleman from California (Mr. Schiff), the gentleman 
from Arizona (Mr. Grijalva), the gentleman from Texas (Mr. Smith), the 
gentleman from Iowa (Mr. King), and the gentleman from Virginia (Mr. 
Forbes).
  We feel confident that we speak for our colleagues when we 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 absolutely necessary.
     Rick Boucher.
     Adam Schiff.
     Raul Grijalva.
     Lamar Smith.
     Steve King.
     Randy Forbes.

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