[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 35. Presidential Messages & Executive Communications]
[Â§ 3. Referral]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 91-110]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 3. Referral

    Rule XIV clause 2 provides that Presidential messages are to be 
referred to the appropriate committees without debate.(1) 
Accordingly, the referral of a Presidential message to the committee 
having jurisdiction is usually made by order of the Speaker without 
debate and without motion from the floor. However, a Presidential 
message may be referred by the House itself on motion.(2) A 
motion by a Member to make such a referral is privileged. Such a 
referral may be to a select committee as well as to a standing 
committee.(3)
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 1. See House Rules and Manual Sec. 873 (2007).
 2. 8 Cannon's Precedents Sec. 3348.
 3. House Rules and Manual Sec. 875 (2007).
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    A Presidential message may be divided for referral to more than one 
committee.(4)
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 4. 8 Cannon's Precedents Sec. Sec. 3348, 3349.
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    Under Rule XII clause 8,(5) estimates of appropriations 
and other communications from executive departments are referred by the 
Speaker as provided in Rule XIV clause 2.(6)
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 5. House Rules and Manual Sec. 827 (2007).
 6. Id. at Sec. 873.                          -------------------
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Timing of Referral

Sec. 3.1 Although the Chair lays before the House a message from the 
    President on the day received, the House on occasion, by unanimous 
    consent, has directed that the referral of the message be postponed 
    until a later day.

    On Feb. 3, 1986,(1) the referral of a comprehensive 
message submitted by the President under the

[[Page 92]]

provisions of a budget law was postponed until the next day by 
unanimous consent so that the Speaker could ascertain the proper 
committees of jurisdiction.
---------------------------------------------------------------------------
 1. 132 Cong. Rec. 1347, 99th Cong. 2d Sess. For the principle that the 
        Chair lays a message before the House on the day received, see 
        Sec. 1.1, supra.
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     REPORT ON ISSUANCE OF ORDER ON EMERGENCY DEFICIT CONTROL MEASURES 
      FOR FISCAL YEAR 1986--MESSAGE FROM THE PRESIDENT OF THE UNITED 
                                   STATES

        The Speaker pro tempore laid before the House the following 
    message from the President of the United States; which was read.
        (For message, see proceedings of the Senate of today, Monday, 
    February 3, 1986.)
        The SPEAKER pro tempore (Mr. Mazzoli).(2) Without 
    objection, the Chair's referral of the President's message will be 
    postponed until tomorrow.
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 2. Romano L. Mazzoli (KY).
---------------------------------------------------------------------------

        There was no objection.

Referral to Committee of the Whole

Sec. 3.2 The President's annual state of the Union message is referred 
    to the Committee of the Whole House on the state of the Union.

    On Feb. 4, 1997,(1) Rep. James E. Rogan, of California, 
offered the customary motion that the message of the President be 
referred to the Committee of the Whole House on the state of the Union:
---------------------------------------------------------------------------
 1. 143 Cong. Rec. 1410, 105th Cong. 1st Sess. See also, e.g., 107 
        Cong. Rec. 1427-31, 87th Cong. 1st Sess., Jan. 30, 1961.
---------------------------------------------------------------------------

        Mr. ROGAN. Mr. Speaker, I move that the message of the 
    President be referred to the Committee of the Whole House on the 
    State of the Union and ordered printed.
        The motion was agreed to.

Sec. 3.3 Where the President chooses to submit a state of the Union 
    address in writing, rather than delivering it in person, the 
    message is laid before the House, read, and referred to the 
    Committee of the Whole House on the state of the Union.

    President Richard M. Nixon, having given his Inaugural Address on 
Jan. 20, 1973, decided not to make another major address so soon 
thereafter.
    President Nixon's state of the Union message of Feb. 5, 
1973,(1) the first such message delivered in writing in many 
years, was treated as follows:
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 1. 119 Cong. Rec. 3206, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

        The SPEAKER(2) laid before the House the following 
    message from the President of the United States; which

[[Page 93]]

    was read and referred to the Committee of the Whole House on the 
    State of the Union[.] . . .
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 2. Carl Albert (OK).
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Sec. 3.4 The President's message on the Nation's economy, delivered in 
    person, was, by unanimous consent, referred to the Committee of the 
    Whole House on the state of the Union and ordered printed.

    On Sept. 9, 1971,(1) when the Members of Congress and 
invited guests were seated, and President Richard M. Nixon had been 
escorted to the Clerk's desk, the Speaker presented the President.
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 31125-29, 92d Cong. 1st Sess.
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        The PRESIDENT. Mr. Speaker, Mr. President, my colleagues in the 
    Congress, our distinguished guests: I come before this special 
    joint session to ask the cooperation of the Congress in achieving a 
    great goal: a new prosperity without war and without inflation.

    Following a brief recess, Rep. Hale Boggs, of Louisiana, asked 
unanimous consent that the message of the President be referred:

        Mr. BOGGS. Mr. Speaker, I ask unanimous consent that the 
    message of the President be referred to the Committee of the Whole 
    House on the State of the Union and ordered to be printed.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana?
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        There was no objection.

Sec. 3.5 In the 74th Congress, a message of the President relating to a 
    number of matters was referred to the Committee of the Whole House 
    on the state of the Union although the recommendations contained in 
    the message fell within the jurisdiction of several committees.

    On Jan. 31, 1935,(1) Speaker Joseph W. Byrns, of 
Tennessee, laid before the House the following message from the 
President of the United States:

 1. 79 Cong. Rec. 1327, 1328, 74th Cong. 1st Sess. For similar 
        referrals, see 148 Cong. Rec. 10575-77, 107th Cong. 2d Sess., 
        June 18, 2002 (H. Doc. No. 107-227, legislative proposal to 
        create a Department of Homeland Security); 114 Cong. Rec. 3955-
        61, 90th Cong. 2d Sess., Feb. 26, 1968 (H. Doc. No. 261, 
        message concerning the crisis in American cities).

                             To the Congress of the United States:

        I am submitting herewith the report of the Federal Aviation 
    Commission appointed by me last summer by direction of the Seventy-
    third Congress. The Commission has made a diligent study of the 
    broad subject of aviation conditions here and elsewhere and 
    emphasizes the excellent American progress in this new form of 
    transportation. The Commission has also studied problems of 
    national defense, of procurement policies, and of the extension of 
    air-

[[Page 94]]

    transport services. I invite your attention to these comprehensive 
    surveys. . . .
        The Commission further recommends the creation of a temporary 
    air commerce commission. In this recommendation I am unable to 
    concur. I believe that we should avoid the multiplication of 
    separate regulatory agencies in the field of transportation. 
    Therefore, in the interim before a permanent consolidated agency is 
    created or designated over transportation as a whole, a division of 
    the Interstate Commerce Commission can well serve the needs of air 
    transportation. In the granting of powers and duties by the 
    Congress, orderly government calls for the administration of 
    executive functions by those administrative departments or agencies 
    which have functioned satisfactorily in the past, and, on the other 
    hand, calls for the vesting of judicial functions in agencies 
    already accustomed to such powers. It is this principle that should 
    be followed in all of the various aspects of transportation 
    legislation.

                                            Franklin D. Roosevelt.
                                The White House, January 31, 1935.

    Before the Speaker's referral of the message, the following 
occurred:

        Mr. [Schuyler Otis] BLAND [of Virginia]. Mr. Speaker, before 
    the message is referred, I wish to make a parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. BLAND. The message relates to aviation matters that come 
    within the jurisdiction of the Committee on Merchant Marine, Radio, 
    and Fisheries. It also relates to matters that come before the 
    Interstate Commerce Commission. It seems to me that it is highly 
    objectionable that a message of this kind should be referred to one 
    committee.
        The SPEAKER. The Chair has the idea of referring the message to 
    the Committee of the Whole House on the state of the Union, and 
    later when the bills are introduced they will be referred to the 
    proper committees. The message, with the accompanying papers, will 
    be referred to the Committee of the Whole House on the state of the 
    Union and ordered to be printed.(2)
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 2. Before the 94th Congress, the Speaker could not divide a measure 
        for referral. See House Rules and Manual Sec. 816 (2007).
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Message Divided for Referral

Sec. 3.6 A message from the President has been divided for referral, on 
    motion by a Member, between the Committee of the Whole and the 
    Committee on Appropriations.

    On Jan. 21, 1946,(1) at the conclusion of the reading by 
the Clerk of the President's annual message, it was moved that the 
message and its accompanying report be referred to the Committee of the 
Whole House on the state of the Union and that the portion of the 
President's message dealing with the budget be referred to the 
Committee on Appropriations.
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 1. 92 Cong. Rec. 165, 79th Cong. 2d Sess.
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    The proceedings were as follows:

[[Page 95]]

        Mr. [J. Percy] PRIEST [of Tennessee]. Mr. Speaker, I move that 
    the President's message and the accompanying report from the 
    Director of War Mobilization and Reconversion be referred to the 
    Committee of the Whole House on the State of the Union and ordered 
    to be printed, and so much of the President's message as relates to 
    the budget be referred to the Committee on Appropriations and 
    ordered to be printed.
        The SPEAKER pro tempore.(2) The question is on the 
    motion offered by the gentleman from Tennessee.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        The motion was agreed to.

Sec. 3.7 An executive communication from the President transmitting a 
    comprehensive legislative proposal for energy policy reform was 
    divided by titles for initial referral, and the Speaker referred 
    the various portions to four House committees.

    A communication from the President proposing comprehensive energy 
legislation was laid before the House by Speaker pro tempore John J. 
McFall, of California, on Jan. 31, 1975.(1) The 
communication was referred on Feb. 4,(2) when the Speaker 
exercised his authority under (current) Rule XII clause 2 to divide the 
communication among several committees. Dividing a Presidential or 
other communication for referral is unusual, but is permitted under the 
Speaker's referral authority.
---------------------------------------------------------------------------
 1. 121 Cong. Rec. 1975, 1976, 94th Cong. 1st Sess.
 2. Id. at p. 2253.
---------------------------------------------------------------------------

    The communication was laid before the House on Jan. 31, 1975, as 
follows:

        The SPEAKER pro tempore laid before the House the following 
    communication from the President of the United States; which was 
    read, the summary, without objection, ordered to be printed in the 
    Record:

                                                  The White House,

                                     Washington, January 30, 1975.

                                          The Honorable the Speaker,

                                      U.S. House of Representatives,

                                              Washington, D.C. 20515

        Dear Mr. Speaker: In my state of the Union address earlier this 
    month, I outlined the dimensions of our interrelated economic and 
    energy problems and proposed comprehensive and far-reaching 
    measures for their solution.
        The measures I described included both Executive and 
    Congressional actions. Because further delay is intolerable, I have 
    already taken administrative action to deal with our energy 
    problems, including issuance of a proclamation to impose increased 
    fees on imported oil. The Secretary of the Treasury has already 
    presented my detailed energy tax proposals to the House Ways and 
    Means Committee.
        I am enclosing a proposed omnibus energy bill--the Energy 
    Independence Act of 1975--which, along with the tax proposals 
    already presented, will provide the combined authorities that are

[[Page 96]]

    necessary if we are to deal seriously and effectively with the 
    Nation's pressing energy problems. . . .
        The 13 titles of this bill, coupled with appropriate tax 
    measures, are essential to the eventual attainment of our common 
    goal of energy independence. Prompt action on all these measures is 
    essential. . . .

              Sincerely,
                                                   Gerald R. Ford.

    The communication was referred on Feb. 4, 1975, as follows:

                         EXECUTIVE COMMUNICATIONS, ETC.

        Under clause 2 of rule XXIV, executive communications were 
    taken from the Speaker's table and referred as follows:

            234. A letter from the President of the United States, 
        transmitting a draft of proposed legislation to increase 
        domestic energy supplies and availability by: authorizing 
        production of the naval petroleum reserves; establishing a 
        National Strategic Petroleum Reserve; assuring increased 
        supplies of natural gas at reasonable prices; amending and 
        extending the Energy Supply and Environmental Coordination Act 
        of 1974; amending the Clean Air Act; alter regulatory practices 
        and procedures of governing electric utilities assuring timely 
        siting consideration, approval and construction of necessary 
        energy facilities; and preventing foreign oil producing 
        countries from undermining efforts to develop petroleum 
        resources; to restrain energy demand by: providing national 
        energy conservation standards for new residential and 
        commercial buildings; authorizing the Federal Energy 
        Administration to assist States in winterizing dwellings of 
        low-income persons; and providing for the labeling of major 
        appliances and motor vehicles; to prepare for energy 
        emergencies by: providing standby energy authorities and 
        implementing the International Energy Program; and for other 
        purposes (H. Doc. No. 94-42); divided and initially referred as 
        follows: title I to the Committee on Armed Services; titles II, 
        III, IV, V, VI, VII, VIII, XII, and XIII to the Committee on 
        Interstate and Foreign Commerce; title IX to the Committee on 
        Ways and Means; and titles X and XI to the Committee on 
        Banking, Currency and Housing, and ordered to be printed.

    In recent years the Speaker has referred communications from the 
President transmitting proposed legislation jointly to all committees 
having jurisdiction over the legislation. The following excerpt from 
the Congressional Record of July 10, 1989,(3) indicates one 
such referral:
---------------------------------------------------------------------------
 3. 135 Cong. Rec. 14015, 14016, 101st Cong. 1st Sess.
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                         EXECUTIVE COMMUNICATIONS, ETC.

        Under clause 2 of rule XIV, executive communications were taken 
    from the Speaker's table and referred as follows: . . .

            1425. A communication from the President of the United 
        States, transmitting a draft of proposed legislation to amend 
        the Government-Wide Ethics Act of 1989 to prohibit the 
        acceptance of honoraria by Members of Congress (H. Doc. No. 
        101-80); jointly to the Committees on House Administration, the 
        Judiciary, and Post Office and Civil Service and ordered to be 
        printed.

Sec. 3.8 A comprehensive sequestration order under a budget

[[Page 97]]

    law was referred to ``all standing committees'' and the Permanent 
    Select Committee on Intelligence, and the House gave the Speaker a 
    special authority to refer myriad executive communications related 
    to the message and to print all as part of a document in any form 
    he might prescribe.

    On Feb. 4, 1986,(1) the President submitted a 
``sequestration order'' under the Balanced Budget and Emergency Deficit 
Control Act of 1985.(2)
---------------------------------------------------------------------------
 1. 132 Cong. Rec. 1463, 99th Cong. 2d Sess.
 2. This part of the Act was later declared unconstitutional and the 
        order was voided. Generally, see Ch. 41, infra.
---------------------------------------------------------------------------

    The President's message was relatively brief, but the accompanying 
and incorporated documentation, emanating from all government agencies 
affected by the order, was voluminous. Some elements of that 
documentation had not been received on the date of the message.
    The House, by unanimous consent, authorized the Speaker to 
incorporate all the documents in one publication.

           REPORT ON ISSUANCE OF ORDER ON EMERGENCY DEFICIT CONTROL 
         MEASURES FOR FISCAL YEAR 1986--MESSAGE FROM THE PRESIDENT OF 
                       THE UNITED STATES--H. DOC. NO. 160

        Mr. [Thomas S.] FOLEY [of Washington]. Madam Speaker, I ask 
    unanimous consent that the message of the President pursuant to 
    section 252(a)(5) of the Public Law 99-177, together with all the 
    related communications transmitted to the Speaker by Federal 
    departments and establishments pursuant to OMB directive 86-7, 
    January 16, 1986, promulgated pursuant to Public Law 99-177, be 
    printed as one House document in such form as may be determined by 
    the Speaker, and that the Speaker be authorized and directed to 
    refer such message and the accompanying communications as if the 
    communications had been submitted as part of the message.
        The SPEAKER pro tempore.(3) Is there objection to 
    the request of the gentleman from Washington?
---------------------------------------------------------------------------
 3. Charles Rose (NC).
---------------------------------------------------------------------------

        There was no objection.
        The SPEAKER pro tempore. The message is referred to all 
    standing committees established pursuant to clause 1, rule X, and 
    to the Permanent Select Committee on Intelligence.
        (For message, see proceedings of the Senate of yesterday, 
    Monday, February 3, 1986, at p. 1397.)

Sec. 3.9 The Speaker has referred a Presidential message to the Union 
    Calendar and referred the accompanying documents to committees.

[[Page 98]]

    On May 23, 1977,(1) the President included in a message 
to the Congress several executive communications dealing with the 
preservation of wildlife, including proposals for the establishment of 
national wilderness areas and the designation of several rivers as part 
of the Wild and Scenic Rivers System. The several legislative proposals 
were included as separate legislative proposals to implement a broad 
national policy affecting wildlife and the environment. The policy 
enunciated in the message fell within the jurisdiction of several 
committees;(2) hence the Speaker felt the appropriate 
reference was to the Committee of the Whole House on the state of the 
Union. The implementing proposals were referred as executive 
communications to the Committee on Interior and Insular Affairs, which 
had specific jurisdiction over the law giving the President the 
authority to designate waters as part of the Wild and Scenic Rivers 
System and Federal lands as part of the National Wilderness System.
---------------------------------------------------------------------------
 1. 123 Cong. Rec. 15910, 15915, 93d Cong. 1st Sess.
 2. Before the 94th Congress, the Speaker could not refer a measure to 
        more than one committee. See House Rules and Manual Sec. 816 
        (2007).
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             PRESERVATION OF THE WILDERNESS, WILDLIFE, NATURAL AND 
        HISTORICAL RESOURCES; EFFECTS OF POLLUTION, TOXIC CHEMICALS AND 
        DAMAGE CAUSED BY DEMAND FOR ENERGY--MESSAGE FROM THE PRESIDENT 
                     OF THE UNITED STATES (H. DOC. 95-160)

        The SPEAKER laid before the House the following message from 
    the President of the United States; which was read and referred to 
    the Union Calendar and ordered to be printed; and the accompanying 
    papers were referred to the Committee on Interior and Insular 
    Affairs.
    To the Congress of the United States:

        This message brings together a great variety of programs. It 
    deals not only with ways to preserve the wilderness, wildlife, and 
    natural and historical resources which are a beautiful and valued 
    part of America's national heritage: it deals also with the effects 
    of pollution, toxic chemicals, and the damage caused by the demand 
    for energy. . . .
        I am submitting new wilderness proposals for:
        --Arches National Park, Utah
        --Canyon Lands National Park, Utah[.] . . .
        We must identify as quickly as possible the best remaining 
    candidates for inclusion in the Wild and Scenic Rivers System 
    before they are dammed, channelized, or damaged by unwise 
    development along their banks. As a first step, therefore, I am 
    proposing legislation to add segments of eight rivers, totaling 
    1303 miles, to the system:
        --Bruneau River, Idaho;
        --Pere Marquette River, Michigan[.]

[[Page 99]]

Referral of Messages Required by Law

Sec. 3.10 Consistent with section 4 of the War Powers 
    Resolution,(1) requiring the President to submit reports 
    to Congress when United States forces are introduced into certain 
    hostile situations in the absence of a declaration of war, 
    Presidents have customarily informed Congress of such a 
    circumstance by an executive communication, which the Speaker 
    usually refers to committee pursuant to the law but sometimes lays 
    before the House.
---------------------------------------------------------------------------
 1. Pub. L. No. 93-148 (50 USC Sec. Sec. 1541 et seq.).
---------------------------------------------------------------------------

    On Apr. 14, 1975,(2) Speaker Carl Albert, of Oklahoma, 
laid before the House a communication from President Gerald R. Ford, 
detailing the introduction of United States troops into Cambodia for 
the purpose of evacuating United States embassy personnel and others.
---------------------------------------------------------------------------
 2. 121 Cong. Rec. 10065, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

    The message was laid before the House and referred as follows:

        The SPEAKER laid before the House the following communication 
    from the President of the United States; which was read and 
    referred to the Committee on International Relations and ordered to 
    be printed:

                                                  The White House,

                                       Washington, April 12, 1975.

                                           The Honorable the Speaker

                              United States House of Representatives

                                              Washington, D.C. 20515

        Dear Mr. Speaker: As you and other members of Congress were 
    advised, in view of circumstances in Cambodia, the United States 
    had certain contingency plans to utilize United States Armed Forces 
    to assure the safe evacuation of U.S. Nationals from that country. 
    On Friday, 11 April 1975, the Khmer Communists forces had ruptured 
    Government of the Khmer Republic (GKR) defensive lines to the 
    north, northwest and east of Phnom Penh and were within mortar 
    range of Pochentong Airfield and the outskirts of Phnom Penh. In 
    view of this deteriorating military situation, and on the 
    recommendations of the American Ambassador there, I ordered U.S. 
    military forces to proceed with the planned evacuation out of 
    consideration for the safety of U.S. citizens.
        In accordance with my desire that the Congress be fully 
    informed on this matter, and taking note of Section 4 of the War 
    Powers Resolution (P.L. 93-148), I wish to report to you that the 
    first elements of the U.S. forces entered Cambodian airspace at 
    8:34 p.m. EDT on 11 April. . . .

              Sincerely,

                                                   Gerald R. Ford.

    In recent years the Speaker has referred a President's 
communication regarding the War Powers

[[Page 100]]

Resolution and ordered it printed without laying it before the 
House.(3)
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 3. See, e.g., 149 Cong. Rec. 23224, 108th Cong. 1st Sess., Sept. 24, 
        2003 (H. Doc. No. 108-129); 137 Cong. Rec. 1909, 102d Cong. 1st 
        Sess., Jan. 18, 1991 (H. Doc. No. 102-30)
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Sec. 3.11 A communication from the President, who was out of the 
    country, in the form of a telegram (neither signed nor delivered by 
    messenger from the White House) transmitting a report on the 
    introduction of United States forces in a situation covered by the 
    War Powers Resolution, was referred as an executive communication 
    but not read to the House or printed as a House document.

    On Apr. 7, 1975,(1) the following referral was made:
---------------------------------------------------------------------------
 1. 121 Cong. Rec. 9191, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

        Under clause 2 of rule XXIV [now XIV], executive communications 
    were taken from the Speaker's table and referred as follows: . . .
        676. A letter from the President of the United States, 
    transmitting a report on participation of U.S. naval vessels in the 
    evacuation of refugees in South Vietnam, pursuant to section 4(a) 
    of the War Powers Resolution (Public Law 93-148); to the Committee 
    on International Relations.

Referral to Select Committee

Sec. 3.12 The House may refer a Presidential message to an ad hoc 
    select committee created to consider the message, as well as 
    subsequent communications and bills on that subject.

    The Speaker usually refers a Presidential message, delivered orally 
or in writing, to the Union Calendar or to an existing committee. But 
because of the comprehensive nature of the President's proposed 
National Energy Policy submitted in the 95th Congress, and to avoid 
giving jurisdictional primacy to any one standing committee, the 
Speaker did not refer the message on the evening of its delivery, but 
allowed the House to act, by resolution, the following day. The House 
then created a select committee of broad jurisdiction specifically to 
consider and report the energy message, as well as future 
communications and bills on the subjects addressed therein. The ad hoc 
select committee was authorized to receive and consider reports of 
other standing committees on the subject matter of the 
message.(1)
---------------------------------------------------------------------------
 1. The Ad Hoc Committee on Energy reported H.R. 8444, the National 
        Energy Act, on July 27, 1977. 123 Cong. Rec. 25311, 95th Cong. 
        1st Sess. (H. Rept. No. 95-543).

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[[Page 101]]

    On Apr. 20, 1977,(2) a joint session was convened to 
receive a message from the President in person:
---------------------------------------------------------------------------
 2. 123 Cong. Rec. 11480-83, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

          JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE 
           PROVISIONS OF HOUSE CONCURRENT RESOLUTION 196 TO HEAR AN 
                 ADDRESS BY THE PRESIDENT OF THE UNITED STATES

        The SPEAKER of the House presided. . . .
        The SPEAKER.(3) Members of the Congress, I have the 
    high privilege and the distinct honor of presenting to you the 
    President of the United States. . . .
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 3. Thomas P. O'Neill, Jr. 
        (MA).                          -------------------
---------------------------------------------------------------------------

                 ADDRESS BY THE PRESIDENT OF THE UNITED STATES

        The PRESIDENT. Mr. President, Mr. Speaker, Members of the 
    Congress, and distinguished guests:
        The last time we met as a group was exactly three months ago 
    today, on Inauguration Day. We've had a good beginning as partners 
    in addressing our nation's problems.
        But in the months ahead, we must work together even more 
    closely to deal with the greatest domestic challenge that our 
    nation will face in our lifetime. We must act now--together--to 
    devise and to implement a comprehensive national energy plan to 
    cope with a crisis that otherwise could overwhelm us. . . .
        . . . [I] am confident that together we will succeed. Thank you 
    very much.
        At 9 o'clock and 34 minutes p.m., the President, accompanied by 
    the committee of escort, retired from the Hall of the House of 
    Representatives. . . .                          -------------------

                                  ADJOURNMENT

        Mr. [Durwood] HALL [of Missouri]. Mr. Speaker, I move that the 
    House do now adjourn.
        The motion was agreed to; accordingly (at 9 o'clock and 42 
    minutes p.m.) the House adjourned until tomorrow, Thursday, April 
    21, 1977, at 11 o'clock a.m.

    The next day, on Apr. 21, 1977,(4) the following 
proceedings occurred in the House:
---------------------------------------------------------------------------
 4. 123 Cong. Rec. 11550-56, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

                           AD HOC COMMITTEE ON ENERGY

        Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, pursuant to 
    clause 5 of rule X,(5) I offer a privileged resolution 
    and ask for its immediate consideration.
---------------------------------------------------------------------------
 5. Now House Rules and Manual Sec. 816 (2007).
---------------------------------------------------------------------------

        The Clerk read the resolution, as follows:

                                  H. Res. 508

            Resolved, (a) That pursuant to rule X, clause 5, the 
        Speaker is authorized to establish an Ad Hoc Committee on 
        Energy to consider and report to the House on the message of

[[Page 102]]

        the President dated April 20, 1977 (H. Doc. 95-128), on other 
        messages or communications related thereto, and on any bill or 
        resolution which the Speaker may sequentially refer thereto 
        which the Speaker determines relates to the substance of the 
        President's message: Provided, however, That this paragraph 
        shall not preclude initial reference to the ad hoc committee of 
        a bill or resolution incorporating the recommendations of the 
        committees with subject-matter jurisdiction over the substance 
        of the President's message.
            (b) The ad hoc committee shall be composed of thirty-seven 
        Members of the House appointed by the Speaker from those 
        committees of the House which he determines have subject-matter 
        jurisdiction over the substance of the President's message, and 
        from such other committees as the Speaker may determine so as 
        to insure the expeditious consideration and reporting of 
        appropriate legislation. The Speaker shall designate one of the 
        Members as chairman. . . .

        The SPEAKER. The Chair recognizes the gentleman from Texas (Mr. 
    Wright).
        Mr. WRIGHT. Mr. Speaker, I yield myself such time as I may 
    consume. This resolution authorizes the Speaker to appoint an ad 
    hoc committee to receive the messages and the recommendations of 
    the President of the United States with respect to the energy 
    problems of this country.
        The precedent is clear. Essential parts of this resolution 
    follow precisely the language that was utilized in House Resolution 
    97 creating the Ad Hoc Select Committee on the Outer Continental 
    Shelf which was agreed to on January 11 of this year.
        The purpose of the ad hoc energy committee would be to draw 
    together an interdisciplinary group from various committees of 
    regular jurisdiction in order to provide one general comprehensive 
    overview. This device should facilitate an opportunity, heretofore 
    lacking, for the House to work its will in achieving a 
    comprehensive energy policy. It is not anticipated that the 
    creation of this ad hoc committee would render any less effective 
    any of those standing committees of the House which now possess 
    jurisdiction over various facets of the energy problem.
        It is anticipated that upon receipt from the President of 
    specific legislative recommendations to carry out his energy plan, 
    this ad hoc committee to be appointed by the Speaker might hold 
    hearings and might make recommendations, but that the several 
    components of the recommended legislation would be referred to the 
    standing committees of the House according to their respective 
    jurisdictions under the Rules of the House. Those committees then 
    would be charged by the Speaker with the responsibility of holding 
    hearings, considering the legislation, marking up sections of a 
    bill, and returning those respective sections to the ad hoc 
    committee. . . .
        Mr. Speaker, I move the previous question on the resolution.
        The previous question was ordered.
        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Amendment of Motion to Refer

Sec. 3.13 An amendment to a motion to refer a message of the President 
    to a committee is

[[Page 103]]

    in order when the motion for the previous question is rejected or 
    when the Member offering the original motion yields for an 
    amendment.

    On June 3, 1937,(1) Speaker William B. Bankhead, of 
Alabama, laid before the House a message from President Franklin D. 
Roosevelt. Following the reading, Mr. William M. Whittington, of 
Mississippi, moved that the message be referred to the Committee on 
Flood Control and ordered printed. Mr. Joseph J. Mansfield, of Texas, 
rose to propound a parliamentary inquiry. Mr. Whittington yielded in 
order that the Chair might entertain the inquiry, and the following 
proceedings ensued:
---------------------------------------------------------------------------
 1. 81 Cong. Rec. 5296-307, 75th Cong. 1st Sess.
---------------------------------------------------------------------------

        The SPEAKER. The gentleman from Texas propounds a parliamentary 
    inquiry to the Chair as to whether the gentleman would be entitled 
    to offer as a substitute for the motion made by the gentleman from 
    Mississippi a motion to refer the President's message to the 
    Committee on Rivers and Harbors.
        The Chair, anticipating that this question might arise, has 
    looked rather fully into the precedents in reference thereto and 
    finds that on April 4, 1933, when Mr. Rainey was Speaker of the 
    House, this identical proposition was presented.
        At that time it will be recalled that a bill was pending with 
    reference to the refinancing of farm-mortgage indebtedness. Two 
    committees claimed jurisdiction of the subject matter of that bill, 
    the committee on Banking and Currency and the Committee on 
    Agriculture.
        When the President's message was read the chairman of the 
    Committee on Agriculture, the gentleman from Texas [Mr. Jones], 
    moved that the President's message be referred to the Committee on 
    Agriculture. Thereupon the specific inquiry now propounded by the 
    gentleman from Texas [Mr. Mansfield] was made.
        The Chair reads the query and the answer of the Speaker:

            Mr. Steagall. Mr. Speaker, I desire at the proper time to 
        submit a substitute motion that the message be referred to the 
        Committee on Banking and Currency.
            Mr. Jones said:
            Mr. Speaker, I do not yield for that purpose.
            The Speaker stated:
            The gentleman from Texas does not yield. It is necessary to 
        vote down the previous question before that motion will be in 
        order.

        The gentleman from Mississippi [Mr. Whittington] is entitled to 
    1 hour, and the Chair understands he has perfected an arrangement 
    with the gentleman from Texas [Mr. Mansfield] by which he will 
    yield to the gentleman from Texas one-half of that time. At the 
    conclusion of the debate of 1 hour the Chair assumes the gentleman 
    from Mississippi will move the previous question on the motion 
    referring the message to the Committee on Flood Control. If the 
    previous question should be voted down, then the gentleman from 
    Texas [Mr. Mansfield]

[[Page 104]]

    would have the right and privilege of offering an amendment to the 
    motion to refer the message. . . .
        Mr. [James M.] FITZPATRICK [of New York]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. FITZPATRICK. Assuming the previous question is ordered we 
    will then vote on whether the message shall or shall not be 
    referred to the Committee on Flood Control?
        The SPEAKER. If the previous question is ordered, the next vote 
    will be on the motion to refer it to the Committee on Flood 
    Control. If the previous question is not ordered, then it leaves to 
    the determination of the House what course shall be taken with 
    reference to the President's message.
        The question was taken; and on a division (demanded by Mr. 
    Whittington) there were--ayes 61, noes 166.
        So the motion for the previous question was rejected.
        Mr. MANSFIELD. Mr. Speaker, I now move that the message of the 
    President be referred to the Committee on Rivers and Harbors, and 
    on that motion I move the previous question.

    Mr. Whittington then raised another parliamentary inquiry:

        Mr. WHITTINGTON. Mr. Speaker, there is now pending the motion I 
    made that the message of the President be referred to the Committee 
    on Flood Control. It occurs to me the motion made by the gentleman 
    from Texas [Mr. Mansfield] is improper, and that the proper motion 
    would be to amend my motion, if the gentleman desires that the 
    message be referred to his committee. My point is there is a motion 
    pending and an independent motion would not be in order.
        The SPEAKER. The Chair, upon reconsideration, is of the opinion 
    the proper procedure would be for the gentleman from Texas to offer 
    an amendment to the pending motion, to the effect that the message 
    of the President be referred to the Committee on Rivers and 
    Harbors.
        Mr. MANSFIELD. Mr. Speaker, I make that motion at this time.
        The SPEAKER. The gentleman from Texas offers an amendment to 
    the motion, which the Clerk will report.
        The Clerk read as follows:

            Mr. Mansfield moves, as an amendment to the motion made by 
        the gentleman from Mississippi [Mr. Whittington], to refer the 
        President's message to the Committee on Rivers and Harbors.

        Mr. WHITTINGTON. Mr. Speaker, in view of the action of the 
    House, I beg to say that that amendment is agreeable to me; and for 
    the sake of the Record, I should like to have permission to 
    withdraw the motion I made, and I ask unanimous consent so to do, 
    in order that the gentleman may present his motion.
        The SPEAKER. The gentleman from Mississippi asks unanimous 
    consent to withdraw his motion. Is there objection?
        There was no objection.
        The SPEAKER. The Chair will now recognize the gentleman from 
    Texas to move that the President's message be referred to the 
    Committee on Rivers and Harbors.

Change of Referral

Sec. 3.14 In one instance, the Speaker on his own initiative

[[Page 105]]

    changed the referral of a Presidential message on the day received.

    On Jan. 27, 1958,(1) Speaker Sam Rayburn, of Texas, 
announced that he was going to change the referral of a Presidential 
message received and referred earlier that day:
---------------------------------------------------------------------------
 1. 104 Cong. Rec. 1112, 85th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER. After further examination of the President's 
    message and the recommendations made therein, the Chair believes 
    that the proper committee to which to refer the President's message 
    is the Committee on Education and Labor instead of the Committee on 
    Interstate and Foreign Commerce, because on the Science Foundation 
    no new law is suggested, simply more appropriations. The other part 
    of the President's message deals with [legislation on] education. 
    Therefore the Chair is going to change the reference of the 
    President's message and whatever bills are introduced on that 
    subject, to the Committee on Education and Labor.

Sec. 3.15 The House may change the Speaker's referral of a Presidential 
    message by unanimous consent.

    On July 18, 1919,(1) a message was received from the 
President of the United States, and being read, was referred by Speaker 
Frederick H. Gillett, of Massachusetts, to the Committee on Military 
Affairs. Later that day, upon agreeing to a unanimous-consent request 
made by the Speaker, the House re-referred a portion of the message to 
the Committee on Naval Affairs.
---------------------------------------------------------------------------
 1. 58 Cong. Rec. 2852-54, 66th Cong. 1st Sess.
---------------------------------------------------------------------------

Referral by Designated Speaker Pro Tempore

Sec. 3.16 When a designated Speaker pro tempore was presiding, a 
    Presidential message was referred to committee and ordered printed 
    only by unanimous consent.

    The proceedings of Jan. 24, 1968,(1) provide an examplar 
of this earlier practice. On that day, Speaker John W. McCormack, of 
Massachusetts, laid before the House the following message from the 
President of the United States, which was read:

 1. 114 Cong. Rec. 818-821, 90th Cong. 2d Sess.

                             To the Congress of the United States:

        In each of the past three years I have sent to the Congress a 
    special message dealing with Civil Rights. This year I do so again, 
    with feelings of both disappointment and pride[.] . . .
        I ask the Congress to take another forward step this year--by 
    adopting this legislation fundamental to the human rights and 
    dignity of every American.
                                                Lyndon B. Johnson.

                                The White House, January 24, 1968.

[[Page 106]]

    Upon conclusion of the reading, and with a designated (that is, 
nonelected) Speaker pro tempore(2) in the chair, the message 
was, by unanimous consent, referred by the Speaker pro tempore to the 
Committee of the Whole House on the state of the Union and ordered to 
be printed.(3)
---------------------------------------------------------------------------
 2. Carl Albert (OK).
 3. See also, e.g., 149 Cong. Rec. 25070, 108th Cong. 1st Sess., Oct. 
        17, 2003.
---------------------------------------------------------------------------

    In the modern practice, and as a reflection of the nature of the 
transaction, designated Speakers pro tempore have exercised 
independently the responsibility of the Speaker for referrals in other 
areas that arise periodically but unpredictably during the business of 
the House.

Referral of Presidential Message as Related to Unfinished Business

Sec. 3.17 Messages from the President may be read and referred before 
    the House proceeds with unfinished business.

    On Oct. 19, 1966,(1) Speaker John W. McCormack, of 
Massachusetts, laid before the House messages from the President which 
had been received on the previous day. They were read and referred to 
the appropriate committee before the consideration of unfinished 
business from the previous day.
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 27640, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER laid before the House the following message from 
    the President of the United States . . . which was read and, 
    together with the accompanying papers, referred to the Committee on 
    Foreign Affairs:

                             To the Congress of the United States:

            I am transmitting the third Annual Report on Special 
        International Exhibitions for the fiscal year 1965 pursuant to 
        section 108(b) of the Mutual Educational and Cultural Exchange 
        Act of 1961--Public Law 87-256. . . .

                                                Lyndon B. Johnson.

            Enclosures:

            1. Letter of transmittal.

            2. Report.

                                     The White House, October 18, 
                1966.                          -------------------

        SEMIANNNUAL REPORT ON THE NATION'S SPACE PROGRAM--MESSAGE FROM 
              THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 526)

        The SPEAKER laid before the House the following message from 
    the President of the United States which was read and, together 
    with the accompanying papers, referred to the Committee on Science 
    and Astronautics and ordered printed, with illustrations.

                             To the Congress of the United States:

[[Page 107]]

        This is a report of a period--July 1 through December 31, 
    1965--characterized by outstanding progress in the Nation's space 
    program. . . .

                                                Lyndon B. Johnson.

                                     The White House, October 19, 
                1966.                          -------------------

           ANNOUNCEMENT BY THE SPEAKER--DISPOSING OF PENDING BUSINESS

        The SPEAKER. The Chair will receive unanimous-consent requests, 
    after the disposition of pending business.
        The unfinished business is the vote on agreeing to the 
    resolution (H. Res. 1062) certifying the report of the Committee on 
    Un-American Activities as to the failures of Jeremiah Stamler to 
    give testimony before a duly authorized subcommittee of said 
    committee.
        The Clerk read the title of the resolution.

Referral of Presidential Nomination of Vice President

Sec. 3.18 Under the 25th Amendment, when the President submits a 
    nomination to fill a vacancy in the office of Vice President, he 
    does so by written message.

    Vice President Spiro Agnew submitted his resignation to the 
Secretary of State on Oct. 10, 1973.(1) On Saturday, Oct. 
13, President Richard M. Nixon nominated Representative Gerald R. Ford, 
of Michigan, who was then the Minority Leader of the House, to fill the 
vacancy in that office.(2) The House met(3) in 
order to receive the written message transmitting the nomination on the 
same day as the Senate. In the House, the Speaker referred the 
nomination to the standing committee with jurisdiction of matters 
relating to Presidential succession.
---------------------------------------------------------------------------
 1. Under 3 USC Sec. 20, the resignation of a President or Vice 
        President is submitted to the Secretary of State.
 2. Pursuant to Sec. 2 of the 25th Amendment to the Constitution, 
        whenever there is a vacancy in the office of the Vice 
        President, the President nominates a Vice President, who takes 
        office upon confirmation by a majority vote of each House.
 3. 119 Cong. Rec. 34032, 93d Cong. 1st Sess., Oct. 13, 1973.
---------------------------------------------------------------------------

        A message in writing from the President of the United States 
    was communicated to the House by Mr. Geisler, one of his 
    secretaries.                          -------------------

        NOMINATION OF VICE PRESIDENT--MESSAGE FROM THE PRESIDENT OF THE 
                       UNITED STATES (H. DOC. NO. 93-165)

        The Speaker laid before the House the following message from 
    the President of the United States; which was read and referred to 
    the Committee on the Judiciary and ordered to be printed:

                             To the Congress of the United States:

[[Page 108]]

            Pursuant to the provisions of Section 2 of the Twenty-fifth 
        Amendment to the Constitution of the United States, I hereby 
        nominate Gerald R. Ford, of Michigan, to be the Vice President 
        of the United States.
                                                    Richard Nixon.

            The White House, October 13, 1973.

    Parliamentarian's Note: The 25th Amendment was ratified in 1967, 
and President Nixon's nomination of Gerald Ford was the first 
application of Sec. 2 of that Amendment. Therefore, most of the 
decisions concerning the nomination and the confirmation process--the 
order and manner of consideration of the nomination and the ceremony 
following the completion of congressional action--were of first 
impression. Although the details of the process are carried elsewhere 
in this work,(4) some of those decisions of first impression 
are noted here for the convenience of the reader.
---------------------------------------------------------------------------
 4. See Ch. 10 Sec. 4.3, supra, and Ch. 13 Sec. 22.1, supra.
---------------------------------------------------------------------------

    The Senate acted first on the nomination on Dec. 27, 
1973,(5) reflecting the traditional role of that body in 
considering nominations and the unique position of the Vice President 
as President of the Senate.
---------------------------------------------------------------------------
 5. 119 Cong. Rec. 38212, 93d Cong. 1st Sess.
---------------------------------------------------------------------------

    To preserve the independence of the deliberative process in the two 
Houses, the House was not formally notified of the Senate confirmation 
until House action was completed.
    The House voted on the nomination by adopting a House 
resolution(6) which was not handled as a privileged 
matter(7) but was voted on in the full House after debate in 
the Committee of the Whole under the terms of a special order-of-
business resolution reported by the Committee on Rules.(8)
---------------------------------------------------------------------------
 6. H. Res. 738, 119 Cong. Rec. 39807-900, 93d Cong. 1st Sess., Dec. 6, 
        1973.
 7. With respect to the issue of privilege of a resolution confirming 
        the nomination, see dictum of Speaker Gillett on May 6, 1921, 
        that aside from questions of considering vetoed bills and 
        impeachment charges, conferral by the Constitution upon the 
        House of the power to take certain actions, such as 
        declarations of war and apportionments after decennial 
        censuses, does not make those questions privileged for 
        immediate consideration upon demand of any Member. 6 Cannon's 
        Precedents Sec. 48.
 8. H. Res. 738, 119 Cong. Rec. 39807-900, 93d Cong. 1st Sess., Dec. 6, 
        1973.
---------------------------------------------------------------------------

    The oath of office was, at the express request of the new Vice 
President, administered during a joint meeting in the House 
Chamber.(9) The form of the ceremony

[[Page 109]]

itself was the mutual decision of the leadership in the two Houses and 
the President.
---------------------------------------------------------------------------
 9. 119 Cong. Rec. 39925-27, 93d Cong. 1st Sess., Dec. 6, 1973.
---------------------------------------------------------------------------

Sec. 3.19 A second nomination of a Vice President pursuant to the 25th 
    Amendment was submitted to the Congress in 1974.

    With Vice President Ford becoming President upon the resignation of 
President Nixon, there was again a vacancy in the office of the Vice 
President. On Aug. 20, 1974,(1) President Ford nominated 
Nelson A. Rockefeller, of New York, to be Vice President.
---------------------------------------------------------------------------
 1. 120 Cong. Rec. 29366, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

    The procedure followed in the House with respect to that nomination 
was similar to that used the year before with respect to the nomination 
of Gerald Ford.(2) The message transmitting the nomination 
was received by the House on Aug. 20, 1974, and was referred by the 
Speaker to the Committee on the Judiciary. After hearings before that 
committee and the reporting by that committee to the House of a 
resolution confirming the nomination, with an accompanying 
report,(3) the House adopted a special order-of-business 
resolution providing for consideration of the confirmation resolution 
in the Committee of the Whole.(4) Pursuant to that special 
order-of-business resolution, the House considered and agreed to the 
confirmation resolution on Dec. 19, 1974.
---------------------------------------------------------------------------
 2. See Sec. 3.18, supra.
 3. H. Res. 1511, confirming Nelson A. Rockefeller as Vice President of 
        the United States, together with the report thereon, H. Rept. 
        No. 93-1609.
 4. See 120 Cong. Rec. 41419-41517, 93d Cong. 2d Sess., Dec. 19, 1974 
        (H. Res. 1519, providing for consideration of H. Res. 1511).
---------------------------------------------------------------------------

    The Senate, acting first on the nomination (as it had in the prior 
case of the Ford nomination), informed the House of its confirmation of 
the nomination on Dec. 19, following adoption by the House of a 
confirmation resolution that same day.(5)
---------------------------------------------------------------------------
 5. Id. at p. 41517.
---------------------------------------------------------------------------

    Members of the House were invited to attend the swearing-in 
ceremonies held in the Senate Chamber later that same 
day.(6)
---------------------------------------------------------------------------
 6. Id. at pp. 41181, 41182.
---------------------------------------------------------------------------

Classified Material

Sec. 3.20 The President sometimes transmits to Congress classified 
    material requiring special handling and processing in referral.

    On Jan. 26, 1970,(1) a message from the President, 
transmitting a

[[Page 110]]

copy of an amendment to an agreement regarding cooperation on the uses 
of atomic energy for mutual defense purposes, together with an 
accompanying envelope marked ``Secret,'' were laid before the House.
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 1017, 1018, 91st Cong. 2d Sess.

                             To the Congress of the United States:

        Pursuant to the Atomic Energy Act of 1954 as amended, I am 
    submitting to the Congress an authoritative copy of an amendment to 
    the Agreement between the Government of the United States of 
    America and the Government of the United Kingdom of Great Britain 
    and Northern Ireland for Cooperation on the Uses of Atomic Energy 
    for Mutual Defense Purposes of July 3, 1958, as amended. The 
    Amendment was signed at Washington on October 16, 1969. . . .
        I am also transmitting a copy of the Secretary of State's 
    letter to me accompanying authoritative copies of the signed 
    Amendment, a copy of a joint letter from the Chairman of the Atomic 
    Energy Commission and the Secretary of Defense recommending 
    approval of this Amendment, and a copy of my memorandum in reply 
    thereto, setting forth my approval.
                                                    Richard Nixon.

                                The White House, January 26, 1970.

    Parliamentarian's Note: The President's message was laid before the 
House and read and then referred to the Joint Committee on Atomic 
Energy, along with an accompanying classified envelope marked 
``Secret,'' which was not opened or read. After processing the message, 
the bill clerk delivered the message and accompanying envelope to a 
staff member of the joint committee, who signed a receipt 
therefor.(9)
---------------------------------------------------------------------------
 9. See also 108 Cong. Rec. 9524, 87th Cong. 2d Sess., May 31, 1962.
---------------------------------------------------------------------------

    In the case of a classified executive communication that is 
received when the House is not in session, an employee in the Office of 
the Clerk who has an appropriate security clearance delivers the 
document to the appropriate committee and the referral is noted in the 
Congressional Record.