[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Extensions of Remarks]
[Page 4945]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          THE PRIVATE CALENDAR

                                 ______
                                 

                            HON. LAMAR SMITH

                                of texas

                    in the house of representatives

                        Thursday, March 31, 2011

  Mr. SMITH of Texas. Mr. Speaker, my colleagues, F. James 
Sensenbrenner, Ted Poe, Jerrold Nadler, Donna Edwards, Jose Serrano and 
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 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 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 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.
  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 five, 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.
  Mr. Speaker, I would also like to describe to the newer Members the 
Official Objectors Committee, the system the House has established to 
deal with 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. Should any Member have a 
doubt or question about a particular Private Bill, he or she can get 
assistance from objectors, their staff, or from the Member who 
introduced the bill.
  The amount 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 of March 31, 
2011, the members of the Private Calendar Objectors Committee have 
agreed that during the 112th Congress, they will consider only those 
bills which have been on the Private Calendar for a period of seven (7) 
legislative days, excluding the day the bill is placed on the calendar 
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 Texas (Mr. 
Smith), the gentleman from Wisconsin (Mr. Sensenbrenner), the gentleman 
from Texas (Mr. Poe), the gentleman from New York (Mr. Nadler), the 
gentlewoman from Maryland (Ms. Edwards), and the gentleman from New 
York (Mr. Serrano).
  I feel confident that I speak for my colleagues when I request all 
Members to enable us to give the necessary advance considerations to 
private bills by not asking that we depart from the above agreement 
unless absolutely necessary.

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