[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Bills and Resolutions]
[From the U.S. Government Printing Office, www.gpo.gov]
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BILLS AND RESOLUTIONS
A. Generally; Public Bills
Sec. 1. In General; Resolutions Distinguished
Sec. 2. Public and Private Bills Distinguished
Sec. 3. Form; Component Parts
Sec. 4. Titles
Sec. 5. Preambles
B. Private Bills
Sec. 6. In General
Sec. 7. What Constitutes a Private Bill
Sec. 8. Introduction and Referral; Enactment Procedure
Sec. 9. -- Amendments
Sec. 10. Uses of Private Bills
Sec. 11. -- Claims By or Against the Government
Sec. 12. -- Immigration and Naturalization Cases
Research References
4 Hinds Secs. 3266-3297, 3364-3390
7 Cannon Secs. 846-871, 1027-1053
Deschler Ch 24 Secs. 1-4, 9, 10
Manual Secs. 397, 414, 478, 849a, 852
A. Generally; Public Bills
Sec. 1 . In General; Resolutions Distinguished
Bills are used for purposes of general legislation. Joint
resolutions are used to propose constitutional amendments and for
special or subordinate legislative purposes. Simple or concurrent
resolutions are used primarily to regulate the administrative or
internal business of the House, to express facts or opinions, or to
dispose of some other nonlegislative matter. See Deschler Ch 24
Secs. 1 et seq. However, unlike simple or concurrent resolutions, a
joint resolution is a bill so far as the rules of the House are
concerned. 4 Hinds Sec. 3375.
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The introduction of certain types of bills is prohibited by House
rule. The introduction of private bills to pay claims cognizable under
the Federal Tort Claims Act, or providing for the construction of a
bridge across a navigable stream or for the correction of a military
record, have been prohibited since 1946. See Sec. 10, infra. As of the
104th Congress, the introduction of commemorative bills or resolutions
is barred by Rule XXII clause 2(b).
The various stages in the passage and enactment of a bill,
including its introduction and referral, reading, engrossment, and
enrollment, are treated elsewhere. See Reading, Passage, and
Enactment. See also Consideration and Debate; Voting; and Veto of
Bills.
Sec. 2 . Public and Private Bills Distinguished
Bills may be either public or private. A private bill is a bill
for the benefit of one or several specified persons or entities, and
is to be distinguished from a public bill, which relates to public
matters and deals with individuals by classes only. 3 Hinds Sec. 2614;
4 Hinds Sec. 3285; 7 Cannon Sec. 856; Deschler Ch 24 Sec. 1. Whether a
law is to be regarded as public or private depends on the attendant
circumstances, having regard to the effect rather than the form of the
legislation. Bollinger v Watson, 63 SW 2d 642, 187 Ark. 1044. The
distinction is important, because the procedures followed in the
enactment of private bills (see Sec. 8, infra) are significantly
different from those applicable to public bills.
A bill may be regarded as a public bill and referred to the House
or Union Calendar when reported where it:
Contains provisions applicable to the general public, although
benefiting a named individual. 4 Hinds Sec. 3286.
Relates to a nation of Indians and not to Indians as
individuals. 7 Cannon Sec. 870; Deschler Ch 24 Sec. 3.3.
Indemnifies a foreign government for injury to one of its
nationals. 7 Cannon Sec. 865; Deschler Ch 24 Sec. 3.2.
Includes among provisions for the relief of private persons
one item to pay a claim of a foreign nation. 4 Hinds Sec. 3287.
Grants an easement over public lands to a private company. 7
Cannon Sec. 864.
Authorizes an exchange of government-owned land for privately
owned land. 7 Cannon Sec. 862.
Provides for the reimbursement of ``all the depositors'' of a
certain bank, the depositors not being identified by name. 8
Cannon Sec. 2373.
Makes certain veterans entitled to wartime disability
compensation for disabilities and diseases caused by or
attributable to exposure to atomic or nuclear radiation during
their period of active service. 96-2, Oct. 9, 1980, H. Jour. p
2193.
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Sec. 3 . Form; Component Parts
Generally
The form in which bills are considered in the House is governed by
statute and by the practices and customs of the House. Any deviation
from the form so prescribed may be authorized by joint resolution or
be waived by passage under suspension of the rules. 7 Cannon
Sec. 1035. Alleged errors in the drafting of a bill are to be resolved
by the House in its consideration of the measure and not by the
Speaker on a point of order. Deschler Ch 24 Sec. 2.2.
Although there is no mandatory uniform style that is to be
followed in the drafting of legislative measures, general guidelines
are available. See House Legislative Counsel's Manual on Drafting
Style, Nov. 1995.
The component parts of a bill introduced in the House include:
A bill title (an identifying bill number is subsequently added
thereto).
A preamble--used only on joint resolutions, rarely on bills
(Sec. 5, infra).
An enacting or resolving clause, which must appear in the
first section of the act (1 USC Sec. 103).
The text of the bill.
On rare occasions, an act may contain an illustration, as where it
shows a required warning label (99-2, Feb. 3, 1986, p 1326). And one
House may pass a bill with blanks to be filled in by the other House.
5 Hinds Sec. 5781. But it is not in order for a Member to have
distributed on the floor of the House copies of a bill marked with his
own interpretation of its provisions. Deschler Ch 24 Sec. 2.1.
Enacting Clauses
Enacting clauses must be in the form prescribed therefor by the
United States Code, as follows:
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. 1 USC Sec. 101.
Resolving Clauses
The form prescribed for the resolving clause of a joint resolution
is:
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled. 1 USC Sec. 102.
If the joint resolution proposes to amend the Constitution, it is
customary to add to the resolving clause the words ``two-thirds of
both Houses concurring.'' 4 Hinds Sec. 3367.
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Sections; Headings and Subheadings
The United States Code requires that each section of a bill be
numbered, and that it ``contain, as nearly as may be, a single
proposition of enactment.'' 1 USC Sec. 104. Section headings and
subheadings may be used, and in cases of ambiguity it is proper to
consult both a section heading and the section's content in order to
ascertain the clear meaning of the legislation. House v C.I.R., C.A.
Tex., 453 F2d 982 (1972).
Page and Line Numbers
Under the practices of the House, when a bill is reported, each
page of the text is numbered and each line in the text is given a
separate number in the margin so that reference may quickly be made to
specific provisions of the bill. However, the pagination and marginal
numerals are no part of the text of the bill, and after amendment they
may be altered, changed, or transposed by the Clerk to conform to the
amended text without the necessity of a House order. 5 Hinds
Sec. 5781; 8 Cannon Sec. 2876.
Sec. 4 . Titles
All bills are given a title that indicates the subject matter of
the bill. A title is used strictly for purposes of identification
(Deschler Ch 24 Sec. 9.1) and is not considered in passing on points
of order relating to the provisions of the bill. 7 Cannon Sec. 1489.
Under the guidelines suggested by the Office of the Legislative
Counsel, a title should accurately and briefly describe what a bill
does. For bills amending primarily a particular law, the form ``To
amend [citation of law] to . . .'' is used. For constitutional
amendments, the form ``Proposing an amendment to the Constitution of
the United States concerning . . .'' is used. If the bill covers
multiple items, the phrase ``and for other purposes'' may be used at
the end of the title.
Although the title is retained on the bill during the various
stages of enactment, including engrossment (Manual Sec. 431) it is not
considered to be part of the enacted statute and is generally
published only in the Statutes at Large. Indeed, when an enacted
statute is codified and included in the United States Code, its title
may be excluded or greatly abbreviated.
A title cannot be used to negate the obvious meaning of the
statute, but may, as part of the legislative history, assist in
resolving ambiguities. 4 Hinds Sec. 3381. In such cases the title of
an act may be resorted to by courts as an aid in determining
legislative intent. Brotherhood of R.R. Trainmen v Baltimore and Ohio
Railroad Co., 67 S.Ct. 1387, 331 U.S. 519, 91 L.Ed. 1646. In this
context, the title of a bill at the time of its enactment is said
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to be indicative of the true intention of Congress in enacting it.
Corpus Juris Secundum, Statutes Sec. 351.
Sec. 5 . Preambles
Preambles often appear in joint resolutions, but rarely in bills
where sections containing separate statements of findings may serve
the same purpose. 4 Hinds Sec. 3412. Preambles are sometimes used to
indicate the underlying reason for a measure. 4 Hinds Sec. 3413.
However, preambles are not used in joint resolutions where the purpose
of the measure is largely self-explanatory, as where it:
Makes continuing appropriations for a fiscal year. Pub. L. No.
99-103, 99th Cong.
Makes an urgent supplemental appropriation for an executive
department. Pub. L. No. 99-71, 99th Cong.
Extends certain programs which would otherwise expire. Pub. L.
No. 99-120, 99th Cong.
The House may delete the preamble from a measure it has adopted
prior to its enactment. This is done either by unanimous consent or
pursuant to a motion to strike the preamble. This cannot be done
simply by moving to strike all after the enacting or resolving clause
since the preamble always precedes that clause. Deschler Ch 24
Sec. 9.5. Preambles to simple resolutions may be disposed of pursuant
to a motion to lay on the table, and the adoption of such motion does
not affect the status of the resolution. 5 Hinds Sec. 5430. Of course,
where no action is taken to strike out the preamble, and the bill is
passed, the preamble remains as part of the bill. Deschler Ch 24
Sec. 9.5.
B. Private Bills
Sec. 6 . In General
Background
The practice of Congress in passing private bills for the benefit
of specific persons or entities was taken from the English Parliament,
and began with the First Congress. The use of private bills steadily
increased thereafter, so much so that in some years the Congress
enacted more private bills than it did public bills. The 59th
Congress, for example, enacted more than 6,000 private bills, while
enacting fewer than 700 public bills. 7 Cannon Sec. 1028. In recent
years, and especially since the adoption of the Legislative
Reorganization Act of 1946, the number of private bills enacted into
law has been
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steadily declining. In the 103d Congress only 8 bills of this type
were approved. Calendars of the U.S. House of Representatives, Final
Edition, 103d Cong.
Since it lacks the generality of application that is normally
found in public laws, a private bill is considered a legislative
anomaly. Congressional action in passing such bills has been based on
the rationale that because public laws cannot cover every situation or
extraordinary circumstance that might arise, Congress may, as part of
its general law-making function, create ``equitable law'' to cover
such circumstance. 79 Harv. L. Rev. p 1684.
Constitutionality
Although the constitutionality of private bills has not been
subjected to extensive critical analysis by the courts, their use is
regarded as a proper legislative function. The Supreme Court in 1940
held that the passage of a private bill does not constitute a
congressional intrusion into the judicial function. Paramino Lumber
Company v Marshall, 309 US 370 (1940).
Omnibus Bills
The rules of the House permit the use of ``omnibus'' private
legislation--that is, a measure containing two or more private bills
that are considered as a single package. See Rule XXIV clause 6
(Manual Sec. 893).
Sec. 7 . What Constitutes a Private Bill
A private bill may be generally defined as a bill for the benefit
or relief of one or several specified persons or entities. 4 Hinds
Sec. 3285; 7 Cannon Sec. 856. It is generally enacted only for those
who have no other remedy available to them. Deschler Ch 24 Sec. 3. A
bill for the benefit of a named individual is classed as a private
bill even though it deals with government property. 7 Cannon Sec. 859.
An ``omnibus claim bill'' containing provisions for payments to many
different claimants is also treated as a private bill rather than a
public bill, where all claimants are of the same class and each
claimant is specified by name. 4 Hinds Sec. 3293. In one instance, a
bill was regarded as a private bill even though the individuals were
not named and were identified only as ``all persons'' who worked on a
certain construction project. 7 Cannon Sec. 857.
Sec. 8 . Introduction and Referral; Enactment Procedure
Private bills may be presented to the House only through a
sponsoring Member. A Member with a private bill to present (1)
endorses his name on the bill, and (2) delivers the bill to the Clerk.
Rule XXII (Manual
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Sec. 849a). After its delivery to the Clerk, it may be referred to the
appropriate committee and then by it to a subcommittee. Committee
approval of the bill is generally contingent upon a showing that the
applicant has no other remedy. If the bill receives committee
approval, it is reported out favorably for consideration and is
referred to the Private Calendar.
Private bills called on the Private Calendar are reviewed by a
committee of ``official objectors'' consisting of six members--three
from each party. As a matter of policy, the official objectors have
traditionally required that bills must be on the Private Calendar for
seven days before being called up; otherwise, they will object (see
Private Calendar). If two or more Members of the House object to a
bill, it is returned to the committee that reported it (Manual
Sec. 893). However, such a bill may be ``passed over without
prejudice'' by unanimous consent for subsequent consideration. Also,
the provisions of a private bill may be reported back in an omnibus
bill. 95-1, Apr. 28, 1977, p 12619.
If the bill is unopposed, it is taken up in the House as in
Committee of the Whole. The procedure is as follows:
The Speaker: This is the day for the call of the Private Calendar.
The Clerk will call the first omnibus bill on the calendar. . . .
The Clerk will read the bill by title for amendment. [The Clerk
reads the bill, and any committee amendments are reported and
disposed of; thereafter, motions to amend (see Sec. 9, infra) are in
order.]
Member: Mr. Speaker, I offer a motion [to strike all or part of
the pending paragraph.]
Note: Amendments are in order only if they strike out or reduce
amounts of money or provide limitations. Manual Sec. 893. Motions to
strike the last word are not permitted, nor are reservations of
objection. 95-1, Apr. 28, 1977, p 12619.
The Speaker [after disposition of amendments]: The question is on
the engrossment and third reading of the bill.
Member: Mr. Speaker, I offer a motion to recommit.
The Speaker [after disposition of the motion to recommit]: The
question is on the passage of the omnibus bill.
After a private bill has passed both Houses, it is sent to the
President, who may sign the bill or veto it just as he may a public
bill. A private bill must be approved by the President, or enacted
over his veto, in order to become law. See, for example, 83-2, Sept.
15, 1954, p 6748.
After the House passes an omnibus private bill, it is resolved
into the various private bills of which it is composed, and each is
sent to the Senate as if individually passed. Manual Sec. 895.
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Sec. 9 . -- Amendments
A private bill is subject to amendment under the five-minute rule
pursuant to Rule XXIV clause 6. (Manual Secs. 893, 894.) However, a
private bill for the benefit of one individual may not be amended so
as to extend its provisions to another individual, even indirectly
through a motion to recommit with instructions. 4 Hinds Sec. 3296. Nor
is it in order to amend a private bill by adding provisions general
and public in character. 4 Hinds Sec. 3292. Motions to strike the last
word--pro forma amendments--are not entertained. 90-1, Dec. 14, 1967,
p 36536. Because of the germaneness rule (see Germaneness of
Amendments) a private bill for the benefit of certain individuals,
ascertainable by name, may not be amended so as to extend its
provisions to a general class of individuals. 7 Cannon Sec. 860.
When an amendment is offered, members of the reporting committee
have priority in recognition to oppose the amendment. 90-1, Dec. 14,
1967, p 36535.
Sec. 10 . Uses of Private Bills
Generally
Under the modern practice, most private bills granting relief to
individuals fall into one of two major categories: (1) bills involving
claims against the United States or waiving claims by the Federal
Government against specific individuals, and (2) bills excepting named
individuals from certain requirements of the immigration or
naturalization laws. See Secs. 11, 12, infra.
Some private bills granting relief to identified individuals
merely permit the taking of some action that would otherwise be
prohibited by general law. For example, one favorably reported private
bill authorized federal employees of the Social Security
Administration in Syracuse, New York, to transfer annual leave to a
fellow employee who had exhausted her sick leave during her treatment
for cancer; the coworkers indicated that they wanted to donate their
annual leave on her behalf in order to extend her recovery time and
allow her to continue to be employed. 100-2, H.R. 3625, H. Rept. No.
100-554. Another such bill authorized the Secretary of Defense to
allow the children of a secret service agent killed while on duty to
attend school at a United States military facility in Puerto Rico,
after the family had been notified that his children were no longer
eligible to attend the school due to the fact that the children were
no longer dependents of a federally employed person in Puerto Rico.
100-2, H.R. 3439, H. Rept. No. 100-552.
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Measures Barred From Consideration
In the Legislative Reorganization Act of 1946, Congress barred the
consideration of certain types of private bills. Under this provision,
which was added to the House rules in 1953 (see Rule XXII clause 2),
the House may not receive for introduction or consider any private
bill authorizing or directing the payment of money for property
damages, or for personal injuries or death for which suit may be
instituted under the Tort Claims Act. Private pension bills (other
than those to carry out a provision of law or treaty stipulation) are
also barred, as are bills providing for the construction of a bridge
across a navigable stream. Private bills providing for the correction
of a military record are likewise proscribed (Manual Sec. 852) though
a private bill which merely changes the computation of retired pay for
a former member of the armed services has been held permissible. 98-2,
Sept. 18, 1984, p 25824. The barring of private bills in such cases is
based on the availability to claimants of other judicial or
administrative remedies. Deschler Ch 24 Sec. 3. The Tort Claims Act,
for example, provides both administrative and judicial remedies in
certain personal injury cases involving the negligence of federal
employees. See 28 USC Secs. 2671 et seq.
Sec. 11 . -- Claims By or Against the Government
Generally; Constitutionality
Many private bills that are enacted grant relief to an individual
who has a meritorious claim against the federal government which
cannot otherwise be remedied. Deschler Ch 24 Sec. 3. The
constitutional basis for such bills is found in the First Amendment,
which sets forth the right to petition the government for the redress
of grievances, and in Article I, which allocates to Congress the power
to pay the debts of the United States. U.S. Const. art. I Sec. 8
clause 1. See Pope v United States, 323 US 1 (1944).
Procedure
Under Rule XXI clause 4 unanimous consent is required for the
reference of a private claim bill to a committee other than the
Committee on the Judiciary or the Committee on International
Relations. Manual Sec. 845.
Most private bills involving claims against the government are
referred to the Judiciary Committee, which has jurisdiction over such
claims under Rule X clause 1(j). This committee then refers the bill
to its Subcommittee on Immigration and Claims. The subcommittee may
hold a hearing on the matter. The subcommittee determines whether to
recommend the bill favorably and then reports to the full committee.
If the recommendation is favor-
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able, and the full committee agrees therewith, the bill is reported
and referred to the Private Calendar. See also Sec. 8, supra.
Note: An alternative to this procedure is provided for in the
United States Code. It authorizes either House of Congress, by
adopting a resolution, to refer bills (except pension bills) to the
Chief Judge of the U.S. Court of Federal Claims, and stipulates that
the Chief Judge is to report the findings of fact and conclusions in
each case to the House which made the reference. 28 USC Secs. 1492,
2509. These reports are provided to Congress for use in deciding
whether certain private claims warrant legislative relief. Zadeh v
United States, 111 F Supp 248 (1953).
Granting Relief; Consideration of Particular Claims
In exercising its jurisdiction over claims against the government,
and in determining whether relief should be granted to persons seeking
redress of grievances under its rules, the subcommittee has been
guided by ``principles of equity and justice.'' The task of the
subcommittee has been to determine whether the equities and
circumstances of a case create a ``moral obligation'' on the part of
the government to extend relief to an individual who has no other
existing remedy. Relief has been granted in private legislation:
To provide for the payment of $1.6 million to settle certain
property damage claims of residents arising out of the 1973
occupation of Wounded Knee, South Dakota, by members of the
American Indian Movement, who had been surrounded by federal
forces. 100-2, H.R. 2711, H. Rept. No. 100-559.
To provide for a payment of $125,000 to a child who had been
sexually assaulted and molested by an employee of the Postal
Service, who was delivering mail at the time. A civil action
against the United States on behalf of the six-year-old
claimant was filed under the Federal Tort Claims Act on the
basis of negligent supervision of the employee by the Postal
Service, but this suit was unsuccessful, intentional torts such
as assault being excluded under the provisions of the act. 100-
2, H.R. 4099, H. Rept. No. 100-556.
To authorize certain firefighters to sue the United States for
injuries or death under the FTCA, because the Secretary of
Labor had determined that the firefighters were federal
employees covered by another statute--the Federal Employee
Compensation Act (FECA)--which precluded claims under the FTCA.
100-2, H.R. 2682, H. Rept. No. 100-547.
To waive the discretionary-function and foreign-country
exceptions to the FTCA, thereby granting jurisdiction for the
claimant to sue the government for claims arising at a U.S.
Army health facility in Germany, an improperly administered
smallpox vaccination having resulted in long-term
hospitalization. 100-2, H.R. 2684, H. Rept. No. 100-442.
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To provide compensatory relief in a contract case based on a
moral obligation of the government, such as when money was
promised and not paid. See 87-1, Priv. L. No. 87-195, H. Rept.
No. 232; 100-2, H.R. 3185, H. Rept. No. 100-549.
To adjust or credit the account of a federal official (7
Cannon Sec. 863), or reimburse a government employee for
expenditures made by him at the direction of his employer. 100-
2, H.R. 3388, H. Rept. No. 100-551.
To permit claimants to receive an annuity under the Civil
Service Retirement (CSR) system. 100-2, H.R. 2889, H. Rept. No.
100-548; 100-2, H.R. 1864, H. Rept. No. 100-546.
To relieve a federal employee of liability for repayment of
travel expenses erroneously paid to him by his employer. 100-2,
H.R. 3941, H. Rept. No. 100-555; 100-2, H.R. 3347, H. Rept. No.
100-550.
To suspend or waive a statute of limitations where the
government has been unjustly enriched at the expense of the
claimant (see 92-1, Priv. L. No. 87-23, H. Rept. No. 87-176),
or where to do so would be in the interests of ``justice and
equity.'' 100-1, H.R. 1491, H. Rept. No. 100-439.
Sec. 12 . -- Immigration and Naturalization Cases
Private bills are sometimes used to exempt individuals from the
application of the immigration and naturalization laws in hardship
cases where the law would otherwise prohibit entry into or require
deportation from the United States. Deschler Ch 24 Sec. 3.
To obtain a private bill granting such relief, the applicant must
find a Member willing to sponsor the bill. Sec. 8, supra. When such a
bill has been introduced, it is referred to the House Judiciary
Committee pursuant to Rule X clause 1(j). The bill may then be
referred to the subcommittee with jurisdiction over such bills for
consideration and hearings pursuant to specified guidelines. Private
bills have been used in specific cases to:
Restore a prospective immigrant to his place on a quota
waiting list when that place was lost without his fault. 83-2,
Priv. L. No. 601, H. Rept. No. 2078.
Grant asylum to a Communist aviator who flew his plane to the
West. 83-2, Priv. L. No. 380.
Grant the status of permanent residence to a 23-year-old
Philippino woman who became pregnant while visiting the United
States under a temporary visa, where the father had acquired
permanent-residency status, and where the alternative would
have been to separate the family, with the mother and infant
returning to the Philippines and the father remaining here.
100-1, S. 393, H. Rept. No. 100-354.
Reinstate U.S. citizenship to a 65-year-old native U.S.
citizen who renounced citizenship in 1950 due to family
obligations when he was married to a Mexican national. 100-1,
H.R. 2358, H. Rept. No. 100-381.
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Enable a record-holding swimmer from East Germany who had
defected to the United States to file a petition for
naturalization without regard to residence and Communist Party
membership. 100-2, H.R. 446, H. Rept. No. 100-598.
Grant the status of permanent residence to a sports and media
figure retroactively to 1950, and to provide that he shall be
considered to have complied with residential and physical
presence requirements of the Immigration and Naturalization
Act. 86-2, H.R. 81-56, Priv. L. No. 86-486, H. Rept. No. 1506.