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


[Page 67]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications



[[Page 67]]



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    Commentary and editing by Wm. Holmes Brown, J.D., Ethan Lauer, 
J.D., Robert W. Cover, J.D., and Andrew S. Neal, J.D.; manuscript 
editing by Deborah Woodard Khalili.
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   Sec. 1. In General; Scope
   Sec. 2. Receipt and Reading of Presidential Messages
   Sec. 3. Referral
   Sec. 4. Joint Sessions to Receive Presidential Messages: In General
   Sec. 5. Joint Sessions to Receive Presidential Messages: Procedure
   Sec. 6. Letters From the President





[[Page 69]]



[Page 69-78]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 1. In General; Scope


    This chapter takes up the rules and practice governing Presidential 
messages and executive communications to the Congress or to the House 
alone. The transmittal of the budget and related documents by the 
President to Congress is treated elsewhere in this work,(1) 
as are House resolutions of inquiry and executive responses 
thereto.(2) Presidential messages dealing with vetoes and 
reasons for not approving legislation transmitted to the President are 
taken up more fully in another chapter,(3) as are most 
messages pertaining to the assembly of Congress(4) or to 
adjournments.(5)
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 1. See Ch. 13, supra, and Ch. 41, infra.
 2. See Ch. 15, supra.
 3. See Ch. 24, supra.
 4. See Ch. 1, supra.
 5. See Ch. 40, infra.
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    The Constitution (art. II, Sec. 3) dictates that the President 
shall from time to time give to the Congress information on the state 
of the Union, and recommend for consideration such measures as he shall 
judge necessary and expedient. Dates for submission of certain 
Presidential reports and messages are established by law.(6)
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 6. For example, the date for the submission of the President's Budget 
        for the next fiscal year has been established by law since 
        1974. See 31 USC Sec. Sec. 1105, 1106. On one occasion, due to 
        uncertainty over unfinished appropriations from the previous 
        fiscal year and possible changes in mandatory programs and tax 
        policy, the President satisfied 31 USC Sec. 1105 by 
        transmitting an incomplete budget and announcing his intention 
        to subsequently submit supplementary material by a date 
        certain. See 142 Cong. Rec. 2335, 2336, 104th Cong. 2d Sess., 
        Feb. 6, 1996. For more on the President's transmittal of the 
        budget, see Ch. 13, supra, and Ch. 41, infra.
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    There is a distinction between a Presidential message and an 
executive communication. A message from the President is addressed to 
the Congress, delivered through the door under seal, and laid before 
the House and read as soon as practicable after its reception. It 
sometimes requires House action. An executive communication, on the 
other hand, is addressed and delivered to the Speaker. It is usually 
referred by the Speaker to an appropriate committee without House 
action.(7) Receipt of the communication is noted in the 
Executive Communications portion of the Congressional Record for

[[Page 70]]

the day on which the message is referred.
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 7. Sec. 1.2, infra.
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    The messenger delivering a Presidential message is introduced at 
the bar of the House with the words ``Mr. [or Madam] Speaker, a message 
from the President.'' The Speaker addresses the messenger as ``Mr. [or 
Madam] Secretary.'' Upon being recognized by the Speaker, the messenger 
of the President makes an announcement as follows:

        I am directed by the President of the United States to deliver 
    to the House a message in writing [or ``sundry messages in 
    writing'' if there be more than one].

    If the occasion requires, the messenger adds the following:
    and to announce his approval of sundry House bills.(8)
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 8. 5 Hinds' Precedents Sec. 6591.
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    There have been instances where, through inadvertence, nonrelevant 
papers have been enclosed with a written message sent by the President; 
in such cases, he has been allowed to withdraw them.(9)
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 9. Id. at Sec. 6651.                          -------------------
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Receipt of Presidential Message as Privileged

Sec. 1.1 The receipt of a Presidential message is a matter of high 
    privilege and such a message is to be laid before the House and 
    read as soon as practicable, the precedents of the House not 
    justifying its being held at the desk until another legislative 
    day.

    On June 24, 1968,(1) when the Chair announced he would 
lay before the House a message from the President, a parliamentary 
inquiry was raised as to the necessity of presenting a message in 
writing from the President on the date of its receipt:
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 1. 114 Cong. Rec. 18330, 90th Cong. 2d Sess. For an instance where the 
        House by unanimous consent authorized the Speaker to postpone 
        the referral of a message until a later day, see Sec. 3.1, 
        infra.
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        The SPEAKER pro tempore.(2) The Chair lays before 
    the House a message from the President of the United States.
---------------------------------------------------------------------------
 2. Carl Albert (OK).
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        Mr. [Durward G.] HALL [of Missouri]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. HALL. Mr. Speaker, in the opinion of the Chair is it 
    necessary that a Presidential message when delivered in writing be 
    presented to the Members of the House immediately or could it be 
    held until the next legislative day?
        The SPEAKER pro tempore. The Chair will advise the 
    distinguished

[[Page 71]]

    gentleman that when the House is in session, a message from the 
    President is laid before the House.
        Mr. HALL. Mr. Speaker, a further parliamentary inquiry, is this 
    done by tradition, at the will of the Chair, or is it supported by 
    a rule of the House?
        The SPEAKER pro tempore. It is supported by the custom of the 
    House and the provisions of the constitution.

Presidential Messages and Executive Communications Distinguished

Sec. 1.2 Unlike a Presidential message, which is delivered through the 
    door and laid before the House, a communication from one of the 
    executive departments or other element of the executive branch, 
    including a communication from the President, is referred by the 
    Speaker directly to the appropriate committee without announcement 
    to the House.

    On May 28, 1969,(1) in response to a parliamentary 
inquiry, Speaker John W. McCormack, of Massachusetts, stated that a 
communication from the President had on that date been referred to 
committee without an announcement to the House.
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 1. 115 Cong. Rec. 14217, 91st Cong. 1st Sess.
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         Mr. [H. R.] GROSS [of Iowa]. Mr. Speaker, a parliamentary 
    inquiry.
        The SPEAKER. The gentleman will state his parliamentary 
    inquiry.
        Mr. GROSS. Is there pending on the Speaker's desk a 
    communication from the Postmaster General?
        The SPEAKER. The Chair will respond by saying that there is a 
    communication from the President on the postal service system. It 
    has been referred to the Committee on Post Office and Civil 
    Service.
        Mr. GROSS. Mr. Speaker, when was the referral made?
        The SPEAKER. The Chair will advise the gentleman that the 
    referral was made after it was received this afternoon, as are all 
    other communications of a similar nature.

Sec. 1.3 Executive communications, although customarily referred to 
    committee under the applicable House rule,(1) may, at 
    the discretion of the Speaker, be handled in the same manner as 
    Presidential messages and laid before the House.
---------------------------------------------------------------------------
 1. Rule XIV clause 2, House Rules and Manual Sec. 873 (2007).
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    On Feb. 1, 1964,(2) Speaker John W. McCormack, of 
Massachusetts, laid before the House a communication from the President 
transmitting an appendix to the budget. The appendix had been received 
in the Speaker's Rooms after the House adjourned on Jan. 31. The 
President had previously,

[[Page 72]]

on Jan. 21, 1964,(\3\) transmitted a message to the House 
with the 1965 budget of the United States Government.(4)
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 2. 110 Cong. Rec. 1580, 1581, 88th Cong. 2d Sess.
 3. Id. at pp. 704-712.
 4. Parliamentarian's Note: The communication transmitting the appendix 
        was laid down in the manner of a message from the President in 
        order to maintain consistency in the treatment of the budget 
        and related documents.
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        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 Appropriations and ordered to be 
    printed:

                                                  The White House,

                                     Washington, February 1, 1964.

                        The Speaker of the House of Representatives.

        Sir: I have the honor to transmit herewith the Budget of the 
    U.S. Government, 1965--Appendix.
        This appendix contains further information and detail 
    concerning the proposals made in the Budget of the United States, 
    1965, which was transmitted with my message of January 21, 1964, to 
    the Congress.

              Respectfully yours,

                                                Lyndon B. Johnson.

    On Feb. 3, 1998,(5) Speaker pro tempore Robert 
Goodlatte, of Virginia, laid before the House a communication from the 
President transmitting the budget for fiscal year 1999, which had been 
received in the Speaker's Rooms on Feb. 2, when the House was not in 
session. Ordinarily, the President's budget is transmitted under seal 
as a Presidential message and delivered to the Clerk if the House is 
not in session.(6)
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 5. 144 Cong. Rec. 517, 642, 643, 105th Cong. 2d Sess.
 6. For similar examples of messages transmitted to the Speaker (rather 
        than the Clerk) when the House was not in session, see 144 
        Cong. Rec. 1224, 105th Cong. 2d Sess., Feb. 11, 1998, and 126 
        Cong. Rec. 9148, 9149, 96th Cong. 2d Sess., Apr. 28, 1980.
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        The SPEAKER pro tempore (Mr. Goodlatte) laid before the House 
    the following communication from the President of the United 
    States:

                                                  The White House,

                                     Washington, February 2, 1998.

                                                 Hon. Newt Gingrich,

            Speaker of the House of Representatives, Washington, DC.

        Dear Mr. Speaker: Pursuant to 31 U.S.C. 1105, attached is the 
    Budget of the United States Government for Fiscal Year 1999.

              Sincerely,

                                               William J. Clinton.


                                    -------------------EXECUTIVE 
                            COMMUNICATIONS, ETC.

        Under clause 2 of rule XXIV,(7) executive 
    communications were taken from

[[Page 73]]

    the Speaker's table and referred as follows: . . .
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 7. Now House Rules and Manual Sec. 873 (2007).
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        6752. A communication from the President of the United States, 
    transmitting the Budget of the United States Government, Fiscal 
    Year 1999, pursuant to 31 U.S.C. 1105(a); (H. Doc. No. 105-177); to 
    the Committee on Appropriations and ordered to be printed.

    On Oct. 10, 1963,(8) Speaker John W. McCormack, of 
Massachusetts, laid before the House a communication from the President 
dealing with the sale of surplus American wheat to Russia, which 
message was read and referred to the Committee on Agriculture.
---------------------------------------------------------------------------
 8. 109 Cong. Rec. 19283, 19284, 88th Cong. 1st Sess.
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        The SPEAKER laid before the House the following communication 
    from the President of the United States, which was read, referred 
    to the Committee on Agriculture, and ordered to be printed:

                                                 October 10, 1963.

                                             Hon. John W. McCormack,

           Speaker of the House of Representatives, Washington, D.C.

        Dear Mr. Speaker:  In view of previous expression of 
    congressional interest and concern, it is appropriate that I report 
    to the Congress the reasons for this Government's decision not to 
    prohibit the sale of surplus American wheat, wheat flour, feed 
    grains, and other agricultural commodities for shipment to the 
    Soviet Union and other Eastern European countries during the next 
    several months. . . .

              Sincerely,
                                                  John F. Kennedy.

Sec. 1.4 In one instance, the Speaker announced to the House his 
    receipt of an executive communication in advance of referring it to 
    committee.

    On Mar. 19, 2003,(1) Speaker J. Dennis Hastert, of 
Illinois, announced to the House his receipt the previous evening of a 
communication from the President consistent with a law authorizing the 
use of military force. In order to quell false speculation as to the 
contents of the communication, the Speaker inserted the text of the 
communication into the Congressional Record and announced his intention 
to refer it to the Committee on International Relations in the regular 
course.
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 1. 149 Cong. Rec. 6530, 108th Cong. 1st Sess.
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        (Mr. HASTERT asked and was given permission to address the 
    House for 1 minute and to revise and extend his remarks and include 
    therein extraneous material.)
        Mr. HASTERT. Mr. Speaker, and for the information of all 
    Members, I am in receipt of a report from the President pursuant to 
    the Use of Force Resolution approved by the Congress last year.
        This report summarizes diplomatic and other peaceful means 
    pursued by the United States, cooperating with foreign countries 
    and international organizations to obtain Iraqi compliance

[[Page 74]]

    with all relevant United Nations Security Council resolutions 
    regarding Iraq.
        Pursuant to House Rule XII, I will refer this report to the 
    Committee on International Relations. In addition, for the 
    information of Members, I will submit the document in its entirety 
    for printing into the Congressional Record. . . .
        Any further announcement will be shared with the Congress.

                                                  The White House,
                                       Washington, March 18, 2003.

                                             Hon. J. Dennis Hastert,
                            Speaker of the House of Representatives,
                                                     Washington, DC.

        Dear Mr. Speaker: Consistent with section 3(b) of the 
    Authorization for Use of Military Force Against Iraq Resolution of 
    2002 (Public Law 107-243), and based on information available to 
    me, including that in the enclosed document, I determine that:
        (1) reliance by the United States on further diplomatic and 
    other peaceful means alone will neither (A) adequately protect the 
    national security of the United States against the continuing 
    threat posed by Iraq nor (B) likely lead to enforcement of all 
    relevant United Nations Security resolutions regarding Iraq; and
        (2) acting pursuant to the Constitution and Public Law 107-243 
    is consistent with the United States and other countries continuing 
    to take the necessary actions against international terrorists and 
    terrorist organizations, including those nations, organizations, or 
    persons who planned, authorized, committed, or aided the terrorist 
    attacks that occurred on September 11, 2001.

              Sincerely,
                                                   George W. Bush.

Sec. 1.5 A letter from the President, addressed to the Speaker and 
    suggesting that the contents be brought ``to the attention of your 
    colleagues,'' was, by unanimous consent, read and made a part of 
    the proceedings of the House.

    On Dec. 12, 1967,(1) Speaker John W. McCormack, of 
Massachusetts, laid before the House a letter addressed to him by the 
President.
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 1. 113 Cong. Rec. 35938, 90th Cong. 1st Sess.
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        The SPEAKER. Without objection, the Clerk will read a letter 
    received by the Speaker from the President of the United States.
        There was no objection.
        The Clerk read as follows:

                                                  The White House,

                               Washington, D.C., December 6, 1967.

                                                Hon. John McCormack,

                                               Speaker of the House,

                                     U. S. House of Representatives.

        Dear John: On the third anniversary of his administration--
    Mexican President Diaz Ordaz held a press conference in which he 
    was asked to comment on the present state of United States-Mexican 
    relations. . . .
        I bring these words of tribute to the U.S. Congress and the 
    American people to your attention, thinking that you might want to 
    bring them to the attention of your colleagues in the House of 
    Representatives.

[[Page 75]]

              Sincerely,

                                                Lyndon B. Johnson.

Message on Removal of Executive Officer

Sec. 1.6 The President has transmitted a message for the information of 
    Congress giving his reasons for removing the Chairman of the Board 
    of the Tennessee Valley Authority.

    On Mar. 23, 1938,(1) the Speaker(2) laid 
before the House the following message from the President; it was read, 
and, with the accompanying papers, referred to the Committee on 
Military Affairs and ordered printed.

 1. 83 Cong. Rec. 3952, 75th Cong. 3d Sess.
 2. William B. Bankhead (AL).

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                             To the Congress of the United States:

        I transmit herewith for the information of the Congress my 
    opinion setting forth the reasons which impelled me to remove 
    Arthur E. Morgan, and my letter to him removing him, as a member 
    and Chairman of the Board of the Tennessee Valley Authority. I 
    further transmit the opinion of the Attorney General in regard to 
    my power to remove for cause members of the Board of the Tennessee 
    Valley Authority. I also append the transcript of the hearings 
    which were laid before me on March 11, 18, and 21, 1938, and which 
    I think merit the serious consideration of all those interested in 
    the T. V. A. I have filed my letter to Arthur E. Morgan and the 
    transcript of the hearings, together with all exhibits marked for 
    identification in the transcript, with the Secretary of State. . . 
    .

                                            Franklin D. Roosevelt.

                                  The White House, March 23, 1938.

Messages Relating to the Office of the President

Sec. 1.7 The President customarily notifies the Congress officially, by 
    message, of the death of a former President.

    On Jan. 23, 1973,(1) President Richard M. Nixon informed 
the House and Senate, by message, of the death of former President 
Lyndon Baines Johnson. When this message was laid before the House and 
read, it established a predicate for the adoption of a concurrent 
resolution (2) permitting the remains of the former 
President to lie in state in the Rotunda of the Capitol. Following

[[Page 76]]

the adoption of the concurrent resolution, the House agreed to a 
resolution (3) expressing its profound sorrow on the death 
of the former President and authorizing the preparation of appropriate 
arrangements for House participation in the funeral.
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 1. 119 Cong. Rec. 1838, 1839, 93d Cong. 1st Sess. For the message from 
        President William J. Clinton officially informing the House of 
        the death of former President Richard Milhous Nixon, see Ch. 38 
        Sec. 5.2, infra. For the message from President George W. Bush 
        officially informing the House of the death of former President 
        Ronald Wilson Reagan, see Ch. 38 Sec. 5.1, infra. There 
        apparently was no message officially informing the House of the 
        death of former President Gerald R. Ford on December 26, 2006.
 2. H. Con. Res. 90, 93d Cong. 1st Sess.
 3. H. Res. 152, 93d Cong. 1st Sess.
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        The SPEAKER laid before the House the following message from 
    the President of the United States:

                             To the Congress of the United States:

        It is my sad duty to inform you officially of the death of 
    Lyndon Baines Johnson, the thirty-sixth President of the United 
    States. . . .

                                                    Richard Nixon.

                                The White House, January 23, 1973.

Sec. 1.8 A Presidential resignation is transmitted not to the Congress 
    but to the Secretary of State.

    Section 20 of title 3, United States Code, provides that the only 
evidence of a resignation of the office of President shall be an 
instrument in writing, subscribed by the President, and delivered to 
the office of the Secretary of State.(1)
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 1. President Richard M. Nixon thus submitted his resignation on Aug. 
        9, 1974 in this manner. See Ch. 14, Sec. 2.1, supra.
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Unwritten Presidential Messages

Sec. 1.9 When the Speaker, pursuant to an order of the House, appoints 
    a committee to notify the President that the House has completed 
    the business of the session and is prepared to adjourn, the 
    President customarily responds by a verbal communication, which is 
    transmitted to the House by an oral report given by a member of the 
    committee.

    Since the first Congress began the practice, upon nearing the end 
of their business for a session and preparing to adjourn sine die, of 
notifying the President of their intention to so adjourn,(1) 
the House has continued and formalized this practice, which is now more 
of a ritual than an actual notification. In the modern practice, as the 
House nears the completion of its business for a session, a House 
resolution is offered as privileged calling for the appointment of a 
two-Member committee to notify the President.(2) The Speaker 
customarily appoints the Majority

[[Page 77]]

and Minority Leaders to the committee, which then repairs to the 
Speaker's Office and at a convenient time places a telephone call to 
the President. Although the customary text of the House resolution 
specifies that the committee is to ``join a similar committee of the 
Senate,'' in recent years the calls have been placed separately by the 
leaderships of the two bodies.
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 1. See H. Jour. Vol. I, p. 129 or 1 Annals of Congress, p. 964, 1st 
        Cong. 1st Sess., Sept. 29, 1789. See also Ch. 40, generally.
 2. See, e.g., 147 Cong. Rec. 27600, 107th Cong. 1st Sess. Dec. 20, 
        2001; 120 Cong. Rec. 41855, 93d Cong. 2d Sess., Dec. 20, 1974.
---------------------------------------------------------------------------

    When the telephone call has been completed and the House is ready 
to adjourn, the ``committee to notify the President'' enters the 
Chamber by the west door, is announced by an officer of the House, and 
gives its report.(3)
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 3. See, e.g., 139 Cong. Rec. 32441, 103d Cong. 1st Sess., Nov. 26, 
        1993; 120 Cong. Rec. 41857, 93d Cong. 2d Sess., Dec. 20, 1974. 
        On occasion the House has adjourned sine die before receiving 
        the committee's report. See, e.g., 146 Cong. Rec. 27083, 27084, 
        106th Cong. 2d Sess., Dec. 15, 2000.
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Informal Visits to Congress

Sec. 1.10 On the occasion of an informal visit by the President to the 
    House of Representatives, the House stood in recess and the 
    President greeted Members, officers, and employees who filed 
    through the well of the House.

    On Jan. 28, 1969,(1) the House(2) stood in 
recess to receive, in the well of the House, the President of the 
United States:(3)
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 1. 115 Cong. Rec. 1984, 91st Cong. 1st Sess.
 2. The Senate was twice visited informally by President Harry S 
        Truman. On one occasion, President Truman sat in the chair he 
        formerly occupied as a Senator, and the other was on the 
        anniversary of the death of his predecessor. He addressed the 
        body on both occasions. 93 Cong. Rec. 9804, 9805, 80th Cong. 
        1st Sess., July 23, 1947; 95 Cong. Rec. 4360, 4361, 81st Cong. 
        1st Sess., Apr. 12, 1949.
 3. See Sec. 2.14, infra, for an instance in which the Speaker declined 
        a request from the President to address the House in actual 
        session on pending legislation.
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                             VISIT OF THE PRESIDENT

        (Mr. ALBERT asked and was given permission to address the House 
    for 1 minute.)
        Mr. [Carl] ALBERT (of Oklahoma). Mr. Speaker, the House is 
    highly honored today by a visit by the President of the United 
    States. In view of that fact, Mr. Speaker, I ask unanimous consent 
    that it may be in order for the Speaker to declare a recess subject 
    to the call of the Chair.
        The SPEAKER.(4) Without objection, it is so ordered.
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 4. John W. McCormack (MA).
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        There was no objection. . . 
    .                          -------------------

                                   RECESS

        The SPEAKER. The House will now stand in recess subject to the 
    call of

[[Page 78]]

    the Chair and the bells will be rung 15 minutes before the House 
    meets again.
        Accordingly (at 12 o'clock and 3 minutes p.m.), the House stood 
    in recess subject to the call of the Chair.
        (At 12 o'clock and 4 minutes p.m., the President of the United 
    States, escorted by the Majority Leader and the Minority Leader, 
    entered the Chamber through the south door at the right of the 
    Speaker's rostrum, and joined the Speaker in the Well of the House. 
    The Minority Leader, the Majority Leader, the Speaker, and the 
    President constituted the receiving line and Members formed in 
    lines and filed into the Well to greet the President personally.
        (At 1 o'clock and 7 minutes p.m., the President, accompanied by 
    the committee of escort and the Speaker, retired from the Hall of 
    the House of Representatives.)

                                  after recess

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Fascell) at 1 o'clock and 25 minutes p.m.


                      

[Page 78-91]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 2. Receipt and Reading of Presidential Messages

    In recent years, the President's annual state of the Union address 
has been delivered in person at a joint session of Congress, although 
the President may transmit the message in writing.(1) The 
President may choose to transmit messages dealing with other matters of 
national consequence to Congress in writing. Examples of messages the 
President has transmitted in writing have included: advising the House 
of his intention to abide by the law requiring a cessation of certain 
U.S. military operations,(2) submitting reorganization 
plans,(3) announcing a country's declaration of war against 
the United States,(4) advising the House of the loss of an 
enrolled bill,(5) and transmitting his nomination of a 
person for appointment to the office of Vice President.(6)
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 1. See Sec. Sec. 3.3, 5.4, 5.5, infra. All Presidents from Thomas 
        Jefferson through William H. Taft submitted their annual 
        messages in writing.
 2. 119 Cong. Rec. 28088, 93d Cong. 1st Sess., Aug. 3, 1973.
 3. 149 Cong. Rec. 2305, 108th Cong. 1st Sess., Feb. 4, 2003; 93 Cong. 
        Rec. 4380-83, 80th Cong. 1st Sess., May 1, 1947; 86 Cong. Rec. 
        6637, 76th Cong. 3d Sess., May 22, 1940.
 4. 88 Cong. Rec. 4787, 77th Cong. 2d Sess., June 2, 1942; 87 Cong. 
        Rec. 9665, 9666, 77th Cong. 1st Sess., Dec. 11, 1941.
 5. See Sec. 2.13, infra.
 6. See Sec. 3.18, infra.
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    Messages may be received and read in the absence of a 
quorum.(7)
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 7. Until the 95th Congress, a quorum was required for the reading of a 
        message. House Rules and Manual Sec. 55 (2007). See also 
        Sec. 2.11, infra.
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    The Clerk of the House receives messages from the President 
delivered when the House is not in

[[Page 79]]

session. A message received by the Clerk is transmitted by the Clerk to 
the Speaker in the sealed envelope as received from the President 
together with a cover letter indicating the time and place of receipt, 
as well as the nature of the message, if this has been indicated to the 
Clerk. The Speaker lays the message before the House as soon as 
feasible.(8)
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 8. See Sec. Sec. 2.6-2.9, 
        infra.                          -------------------
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Laying Message Before the House

Sec. 2.1 Messages from the President are laid before the House by the 
    Speaker.

    On June 17, 1969,(1) Speaker John W. McCormack, of 
Massachusetts, laid before the House a message from the President, 
transmitting the President's annual report on salary comparability, and 
then his own directive implementing certain salary adjustments in the 
House.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 16195, 16196, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

    The President's message was read and, together with accompanying 
papers, referred to the Committee on Post Office and Civil Service and 
ordered to be printed:

        To the Congress of the United States:
        I forward herewith the annual comparison of Federal salaries 
    with the salaries paid in private enterprise, as provided by 
    section 5302 of title 5, United States Code. . . .

                                                    Richard Nixon.

                                        The White House, June 16, 
                1969.                          -------------------

          DIRECTIVE OF THE SPEAKER IMPLEMENTING SALARY COMPARABILITY 
           POLICY IN 1969 FOR OFFICERS AND EMPLOYEES OF THE HOUSE OF 
                                REPRESENTATIVES

        The SPEAKER laid before the House the following directive, 
    which was read: . . .

            Pursuant to the authority and duty vested in the Speaker of 
        the United States House of Representatives by section 212 of 
        the Federal Salary Act of 1967 (81 Stat. 634; Public Law 90-
        206; 5 U.S.C. 5304, note) to implement the salary comparability 
        policy set forth in section 5301 of title 5, United States 
        Code, in the year 1969 for personnel of the House of 
        Representatives, the rates of pay of personnel of the House of 
        Representatives whose pay is disbursed by the Clerk of the 
        House of Representatives are adjusted as follows: . . .

Sec. 2.2 A Presidential communication addressed to the Speaker urging 
    support for a legislative measure pending before the House is 
    sometimes laid before the House and read but not referred to any 
    committee.

[[Page 80]]

    On Feb. 25, 1975,(1) a letter from President Gerald R. 
Ford, sent to the Speaker, was laid before the House for the 
information of Members.
---------------------------------------------------------------------------
 1. 121 Cong. Rec. 4151, 94th Cong. 1st Sess. For examples of executive 
        communications treated by the Speaker as Presidential messages, 
        see Sec. 1.3, supra.
---------------------------------------------------------------------------

        The SPEAKER laid before the House the following communication 
    from the President of the United States:

                                                   The White House

                                    Washington, February 25, 1975.

                                                    Hon. Carl Albert

                            Speaker of the House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: I wish to convey to the House of 
    Representatives my deep concern over the present critical situation 
    in Cambodia. . . .
        . . . Countries around the world who depend on us for support--
    as well as their foes--will judge our performance. It is in this 
    spirit and with this sense of responsibility Mr. Speaker, that I 
    urge rapid and favorable action on my request for additional 
    assistance to Cambodia.

              Sincerely,
                                                   Gerald R. Ford.

Practice in Committee of the Whole

Sec. 2.3 A message from the President is not received while the House 
    is sitting as the Committee of the Whole, but the Committee may 
    rise informally so that the House may receive the message; when it 
    does so, the Chairman of the Committee does not report to the House 
    but merely relinquishes the Chair to the Speaker, who recognizes 
    the messenger of the President, receives the message, and then 
    directs the Committee to resume its sitting.

    On June 17, 1969,(1) a message in writing from the 
President was communicated to the House by one of his secretaries while 
the House was in the Committee of the Whole. The proceedings were as 
follows:
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 16182, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        The CHAIRMAN.(2) The Committee will rise informally 
    in order that the House may receive a message.
---------------------------------------------------------------------------
 2. Jack B. Brooks (TX)                          -------------------
---------------------------------------------------------------------------

                           MESSAGE FROM THE PRESIDENT

        The SPEAKER assumed the chair.
        The SPEAKER.(3) The Chair will receive a 
    message.(4)
---------------------------------------------------------------------------
 3. John W. McCormack (MA).
 4. The Speaker will not, however, receive a message from the President 
        when occupying the Chair to receive the report of the Chairman 
        of the Committee of the Whole. See, e.g., 115 Cong. Rec. 9705, 
        91st Cong. 1st Sess., Apr. 21, 1969.

---------------------------------------------------------------------------

[[Page 81]]

                                   -------------------MESSAGE FROM THE 
                                   PRESIDENT

        A message in writing from the President of the United States 
    was communicated to the House by Mr. Leonard, one of his 
    secretaries, who also informed the House that on June 13, 1969 the 
    President approved and signed bills of the House of the following 
    titles:

            H.R. 2718. An act to extend for an additional temporary 
        period the existing suspension of duties on certain 
        classifications of yarn of silk[.]

    Following receipt of the message, the Committee of the Whole 
resumed its sitting by direction of the Speaker.

Messages Received Pending a Vote

Sec. 2.4 Messages from the President may be received notwithstanding 
    the operation of the previous question, and the Speaker does not 
    direct the reading of the message pending the vote on a matter.

    On Mar. 24, 1949,(1) the House resolved itself into the 
Committee of the Whole for further consideration of a bill. After some 
debate, the Committee rose. A motion to recommit was offered, and the 
previous question was ordered thereon. At this point a message in 
writing from the President was communicated to the House together with 
other information. A parliamentary inquiry was propounded as to the 
disposition of the Presidential message and whether it bore on the 
subject at hand. The Chair indicated that the business then before the 
House should be completed before taking up the message.(2)
---------------------------------------------------------------------------
 1. 95 Cong. Rec. 3114, 3115, 81st Cong. 1st Sess.
 2. For a review of the practice during the 18th and 19th centuries, 
        when Presidential messages often lay unread for lengthy periods 
        of time, see 5 Hinds' Precedents Sec. Sec. 6635-6649.
---------------------------------------------------------------------------

    The proceedings were as follows:

        Mr. [John E.] RANKIN [of Mississippi]. Mr. Speaker, I move the 
    previous question on the motion to recommit.
        The previous question was ordered.

                           message from the president

        A message in writing from the President of the United States 
    was communicated to the House by one of his secretaries, who also 
    informed the House that on March 24, 1949, the President approved 
    and signed a joint resolution of the House of the following title:

            H.J. Res. 89. Joint resolution providing for the filling of 
        a vacancy in the Board of Regents of the Smithsonian 
        Institution, of the class other than Members of Congress.

[[Page 82]]

             pensions for veterans of world war I and world war II

        Mr. [Francis H.] CASE [of South Dakota]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore.(3) The gentleman will state 
    it.
---------------------------------------------------------------------------
 3. John W. McCormack (MA).
---------------------------------------------------------------------------

        Mr. CASE. Mr. Speaker, would the Chair be in position to state 
    whether the communication from the President just received bears 
    upon the pending matter?
        The SPEAKER pro tempore. At this point the Chair would not say.
        The question is on the motion to recommit offered by the 
    gentleman from Texas [Mr. Teague].

    Following an announcement of the results of the vote on the motion, 
the Speaker laid before the House the message from the President; it 
was read and, together with the accompanying papers, referred to the 
Committee on Interstate and Foreign Commerce. The message from the 
President was as follows:

                             To the Congress of the United States:

        In compliance with the provisions of section 10 (b) (4) of the 
    Railroad Retirement Act, approved June 24, 1937, and of section 12 
    (1) of the Railroad Unemployment Insurance Act, approved June 25, 
    1938, I transmit herewith for the information of the Congress the 
    report of the Railroad Retirement Board for the fiscal year ended 
    June 30, 1948.

                                                  Harry S. Truman.

                                  The White House, March 24, 1949.

Authorizing Clerk to Receive Messages During Adjournments

Sec. 2.5 Before such authority was specifically granted by rule, most 
    concurrent resolutions providing for an adjournment sine die, or 
    for an adjournment to a day certain more than three days hence, 
    contained language specifically stating that the Clerk of the House 
    was authorized to receive messages from the President during the 
    adjournment (with similar authority generally also provided by the 
    Senate for the Secretary of the Senate) and, if not included in the 
    adjournment resolution, such specific authority generally was 
    obtained in each House by unanimous consent.

    Rule II clause 2 now authorizes the Clerk to receive messages from 
the President when the House is not in session.(1)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 652 (2007).
---------------------------------------------------------------------------

    As an example of the standard type of concurrent resolution of 
adjournment that made clear the Clerk's authority to receive messages 
from the President during a

[[Page 83]]

period of adjournment, the proceedings of Dec. 15, 1977,(2) 
are shown here:
---------------------------------------------------------------------------
 2. 123 Cong. Rec. 38948, 95th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, I send to 
    the Speaker's desk a privileged concurrent resolution (H. Con. Res. 
    442) authorizing the Secretary of the Senate and the Clerk of the 
    House to receive messages, including veto messages, from the 
    President of the United States during adjournment of the two 
    Houses.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 442

            Resolved by the House of Representatives (the Senate 
        concurring), That when the two Houses adjourn on Thursday, 
        December 15, 1977, they shall stand adjourned sine die.
            Sec. 2. During the adjournment of both Houses of Congress 
        as provided in section 1, the Secretary of the Senate and the 
        Clerk of the House, respectively be, and they hereby are, 
        authorized to receive messages, including veto messages, from 
        the President of the United States.

        The concurrent resolution was agreed to.

    Alternatively, such authority sometimes was clarified by unanimous 
consent, as the proceedings of Nov. 21, 1980,(3) illustrate:
---------------------------------------------------------------------------
 3. 126 Cong. Rec. 30555, 96th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Paul] SIMON [of Illinois]. Mr. Speaker, I ask unanimous 
    consent that, notwithstanding any adjournment of the House until 
    Monday, December 1, 1980, the Clerk be authorized to receive 
    messages from the President and the Senate and that the Speaker be 
    authorized to sign any enrolled bills and joint resolutions duly 
    passed by the two Houses and found truly enrolled.
        The SPEAKER.(4) Is there objection to the request of 
    the gentleman from Illinois?
---------------------------------------------------------------------------
 4. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------

        There was no objection.

    Parliamentarian's Note: This type of request became standard 
practice after the decision in Kennedy v Sampson in 1974.(5) 
In that case, the United States Court of Appeals for the District of 
Columbia Circuit held that a bill could not be pocket-vetoed by the 
President during an adjournment of more than three days to a day 
certain if the House of origin had made arrangements for the receipt of 
Presidential messages.(6)
---------------------------------------------------------------------------
 5. 511 F.2d 430 (D.C. Cir. 1974).
 6. For further discussion, refer to Ch. 24 Sec. 17, supra, and House 
        Rules and Manual Sec. 113 (2007).
---------------------------------------------------------------------------

Messages Received During Adjournment

Sec. 2.6 The Clerk, as the agent of the House, is authorized to receive 
    messages from the President while the House is in recess or after 
    the House has adjourned for a legislative day; when such a message 
    is received, it is transmitted by the Clerk to the

[[Page 84]]

    Speaker (with a cover letter detailing the time and place of 
    receipt of the message), who then lays it before the House at the 
    earliest opportunity.

    On Feb. 20, 1969,(1) the Speaker(2) laid 
before the House a letter from the Clerk, advising that the Clerk had, 
after the House adjourned the previous evening, received a message from 
the President. The proceedings were as follows:

 1. 115 Cong. Rec. 4088, 91st Cong. 1st Sess.
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        The SPEAKER laid before the House the following communication 
    from the Clerk of the House of Representatives:

                                          The Honorable the Speaker,

                                      U.S. House of Representatives.

            Dear Sir: I have the honor to transmit herewith a sealed 
        envelope addressed to the Speaker of the House of 
        Representatives, said to contain a message from the President 
        wherein he transmits a special study regarding the 
        administration of the Headstart program. This envelope was 
        received in the Office of the Clerk at 3:55 p.m. on Wednesday, 
        February 19, 1969.
              Sincerely,

                                                     Pat Jennings,

                                                            Clerk.

    The Speaker then laid before the House the message from the 
President, which was read and referred to the appropriate committee.

Sec. 2.7 The Clerk notifies the Speaker when he has, during an 
    adjournment, received a message from the President addressed to the 
    House or to the Speaker, and the Speaker lays the notification and 
    message before the House when the House reconvenes. If the Clerk is 
    in possession of such knowledge, he notifies the Speaker of the 
    contents of the message.

    On Sept. 5, 1945,(1) the House having ended its August 
recess, the Speaker(2) laid before the House the following 
communication from the Clerk:
---------------------------------------------------------------------------
 1. 91 Cong. Rec. 8322, 79th Cong. 1st Sess.
 2. Sam Rayburn (TX).

---------------------------------------------------------------------------
                                                September 5, 1945.

                                                        The Speaker,

                                       The House of Representatives.

        Sir: The accompanying sealed envelope from the White House 
    addressed to the House of Representatives, was received in this 
    office at 11:30 o'clock antemeridian, August 30, 1945.

              Respectfully yours,

                                                    South Trimble,

                            Clerk of the House of Representatives.

        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 and ordered to be printed with illustrations:


[[Page 85]]


                    To the Congress of the United States of America:

            I am transmitting herewith the twentieth report of 
        operations under the Lend-Lease Act for the period ending June 
        3, 1945. . . .

                                                  Harry S. Truman.

                                 The White House, August 30, 1945.

Sec. 2.8 A veto message from the President addressed to the Speaker and 
    received in the Office of the Clerk after adjournment of the House 
    is laid before the House when it reconvenes.

    On Apr. 6, 1948,(1) the Speaker pro 
tempore(2) laid before the House the following communication 
from the Clerk:

 1. 94 Cong. Rec. 4133, 4134, 80th Cong. 2d Sess.
 2. Earl C. Michener (MI).
---------------------------------------------------------------------------
                                                    April 6, 1948.

                                           The honorable the Speaker

                                           House of Representatives.

        Sir: The attached sealed envelope, indicating on its face that 
    it contains a message from the President of the United States, and 
    addressed to the Speaker of the House of Representatives of the 
    United States, was received in the office of the Clerk on April 5, 
    1948.

              Respectfully yours,

                                                     John Andrews,

                            Clerk of the House of Representatives.

    vendors of newspapers or magazines--veto message from the president 
                   of the united states (h. doc. no. 594)

        The SPEAKER pro tempore laid before the House the following 
    veto message from the President of the United States:

                                    To the House of Representatives:

        I am returning herewith, without my approval, H.R. 5052, a bill 
    to exclude certain vendors of newspapers or magazines from certain 
    provisions of the Social Security Act and the Internal Revenue 
    Code.
        This bill is identical with H.R. 3997, which I declined to 
    approve in August 1947. . . .
        For these reasons, I am compelled to return H.R. 5052 without 
    my approval.

                                                  Harry S. Truman.

                                   The White House, April 5, 1948.

        The SPEAKER pro tempore. The objections of the President will 
    be spread at large upon the Journal, and the message and the bill 
    will be printed as a House document.(3)
---------------------------------------------------------------------------
 3. For discussion of House consideration of veto messages, see Ch. 24, 
        Sec. Sec. 17-23, supra.
---------------------------------------------------------------------------

Sec. 2.9 The President's economic report was received by the Clerk on a 
    day when the House was not in session; the report remained in its 
    sealed envelope until laid before the House at its next meeting.

    On Jan. 22, 1962,(1) Speaker Sam Rayburn, of Texas, laid 
before the House a letter from the

[[Page 86]]

Clerk transmitting a communication from the President of the United 
States that was received by the Clerk when the House was not in 
session:
---------------------------------------------------------------------------
 1. 108 Cong. Rec. 577-584, 87th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER laid before the House the following communication 
    from the Clerk of the House of Representatives:

                                                 January 22, 1962.

                                          The Honorable the Speaker,

                                           House of Representatives.

        Sir: I have the honor to transmit herewith a sealed envelope 
    addressed to the Speaker of the House of Representatives from the 
    President of the United States, received in the Clerk's office at 
    1:15 p.m. on January 20, 1962, and said to contain the Economic 
    Report of the President together with the annual report of the 
    council of Economic Advisers.

              Respectfully yours,

                                                 Ralph R. Roberts,

                                             Clerk, U.S. House of 
     Representatives.                          -------------------

               ECONOMIC REPORT OF THE PRESIDENT (H. DOC. NO. 278)

        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 Joint Economic 
    Committee and ordered to be printed with illustrations:

                             To the Congress of the United States:

            I report to you under the provisions of the Employment Act 
        of 1946[.] . . .

                                                   John F. Kennedy

    Parliamentarian's Note: The economic report of the President was, 
under former provisions of 15 USC Sec. 1022, to be transmitted to 
Congress ``not later than Jan. 20 of each year.''(2) Jan. 
20, 1962, fell on a Saturday--a day when the House would not be in 
session because it had adjourned on Thursday, Jan. 18, until Monday, 
Jan. 22. The Clerk received the report for the House on Jan. 20. It 
remained sealed until laid before the House on Jan. 22, thereby 
insuring that there would be no premature disclosure or release of the 
report.
---------------------------------------------------------------------------
 2. 15 USC Sec. 1022 now requires this report ``not later than 10 days 
        after the submission of the budget under section 1105(a) of 
        title 31.''
---------------------------------------------------------------------------

Interrupting Reading of Message

Sec. 2.10 The Chair declines to recognize Members to submit 
    parliamentary inquiries during the reading of the President's 
    message.

    On Jan. 21, 1946,(1) the Speaker pro 
tempore(2) laid before the House a message from the 
President.
---------------------------------------------------------------------------
 1. 92 Cong. Rec. 164, 79th Cong. 2d Sess.
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

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

[[Page 87]]

        The SPEAKER pro tempore laid before the House the message of 
    the President on the state of the Union and transmitting the 
    Budget. . . .
        Mr. [Robert F.] RICH [of Pennsylvania] (interrupting the 
    reading of the message). Mr. Speaker, a parliamentary inquiry.
        The SPEAKER pro tempore. The Clerk read a message from the 
    President of the United States, and the Chair feels that an inquiry 
    at this time should not be entertained.(3)
---------------------------------------------------------------------------
 3. Portions of a Presidential message may be reread by the Clerk by 
        unanimous consent. See 113 Cong. Rec. 22447, 22448, 90th Cong. 
        1st Sess., Aug. 14, 1967.
---------------------------------------------------------------------------

    Parliamentarian's Note: This message contained approximately 25,000 
words and took about three hours to read.

Sec. 2.11 Under the earlier practice (before the 95th Congress), quorum 
    calls could interrupt the reading of the President's message to 
    Congress on the state of the Union.

    On Jan. 21, 1946,(1) Speaker pro tempore John W. 
McCormack, of Massachusetts, laid before the House the message of the 
President on the state of the Union and transmitting the budget. The 
reading of this lengthy message was interrupted by two quorum 
calls.(2) The proceedings were as follows:
---------------------------------------------------------------------------
 1. 92 Cong. Rec. 164, 165, 79th Cong. 2d Sess.
 2. For the text of this message, see Id. at pp. 136-155 [Senate 
        proceedings].
---------------------------------------------------------------------------

        Mr. [Robert F.] RICH [of Pennsylvania]. Mr. Speaker, I think it 
    is wise that the membership of the House hear the President's 
    message, and I make a point of order that a quorum is not present.
        The SPEAKER pro tempore. Evidently a quorum is not present.
        Mr. [Albert A.] GORE [of Tennessee]. Mr. Speaker, I move a call 
    of the House.
        A call of the House was ordered.
        The Clerk called the roll. . . .
        The SPEAKER pro tempore. . . . [A] quorum is present.
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk resumed the reading of the President's message.
        Mr. RICH (interrupting the reading of the President's message). 
    Mr. Speaker, I make the point of order that a quorum is not 
    present.
        The SPEAKER pro tempore. Evidently a quorum is not present.
        Mr. [Adolph J.] SABATH [of Illinois]. Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The Clerk called the roll. . . .
        The SPEAKER pro tempore. . . . [A] quorum [is present].
        By unanimous consent, further proceedings under the call were 
    dispensed with.
        The Clerk concluded the reading of the President's message.

[[Page 88]]

    Parliamentarian's Note: Rule XX clause 7(a), adopted in the 93d 
Congress and amended in the 95th Congress, prohibits the Speaker from 
recognizing a Member for a point of order that a quorum is not present 
unless a question is being put, although under clause 7(b), the Speaker 
has the discretion to recognize a Member to move a call of the 
House.(3)
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. Sec. 1027, 1028 (2007).
---------------------------------------------------------------------------

Effect on Former Discharge Procedure

Sec. 2.12 The reading of a message from the President did not prevent 
    the subsequent operation of the so-called 21-day rule (former Rule 
    XI clause (2)(c)), which was repealed in the 90th Congress.

    On Jan. 23, 1950,(1) Speaker Sam Rayburn, of Texas, laid 
before the House a message from the President, and the following 
ensued:
---------------------------------------------------------------------------
 1. 96 Cong. Rec. 769, 81st Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER. The Chair lays before the House a message from the 
    President of the United States, which the Clerk will read.
        Mr. [Vito] MARCANTONIO [of New York]. Mr. Speaker, a point of 
    order.
        The SPEAKER. The gentleman will state the point of order.
        Mr. MARCANTONIO. Mr. Speaker, will the reading of the 
    President's message prevent the operation of the discharge rule 
    today?
        The SPEAKER. Not at all.(2)
---------------------------------------------------------------------------
 2. For the 21-day discharge rule, its history and effect, see Ch. 21, 
        Sec. 18.52, supra.
---------------------------------------------------------------------------

Message Relating to Lost Bill

Sec. 2.13 Where the President sent a message to the House advising it 
    that an enrolled bill delivered to him had been lost, the Speaker 
    and Vice President were authorized by concurrent resolution to sign 
    a duplicate copy, which was transmitted to the President by the 
    Clerk.

    On May 15, 1935,(1) after letters from the President and 
Secretary of the Interior were read, advising of the loss of an 
enrolled bill, procedures were adopted by which a duplicate bill could 
be sent to the President. The letters were laid before the House by the 
Speaker(2) and referred to the Committee on the Territories. 
The proceedings were as follows:
---------------------------------------------------------------------------
 1. 79 Cong. Rec. 7598, 7633, 74th Cong. 1st Sess.
 2. Joseph W. Byrns (TN).
---------------------------------------------------------------------------

     
                                    To the House of Representatives,

        I am in receipt of the following letter from the Secretary of 
    the Interior advising of the loss of enrolled bill H.R.

[[Page 89]]

    6084, authorizing a bond issue for the town of Ketchikan, Alaska:

            I regret to report the loss of enrolled bill H.R. 6084, 
        authorizing a bond issue of Ketchikan, Alaska, which was 
        delivered to my office on May 3 by a messenger from the White 
        House. . . . I recommend that you ask the Congress to authorize 
        the preparation of a duplicate. The last approval day is 
        tomorrow, May 15.

        In the circumstances, I recommend that a duplicate bill be 
    authorized by concurrent resolution.

                                            Franklin D. Roosevelt.

                                    The White House, May 15, 1935.

        Mr. [Anthony U.] DIMOND [of Alaska]. Mr. Speaker, I offer the 
    following concurrent resolution and ask for its immediate 
    consideration.
        The Clerk read as follows:

                         House Concurrent Resolution 21

            Resolved by the House of Representatives (the Senate 
        concurring), That the Speaker of the House of Representatives 
        and the President of the Senate be, and they are hereby, 
        authorized to sign a duplicate copy of the enrolled bill H.R. 
        6084, entitled ``An act to authorize the city of Ketchikan, 
        Alaska, to issue bonds in any sum not to exceed $1,000,000 for 
        the purpose of acquiring the electric light and power, water, 
        and telephone properties of the Citizens' Light, Power & Water 
        Co., and to finance and operate the same, and validating the 
        preliminary proceedings with respect thereto, and for other 
        purposes'', and that the Clerk of the House be directed to 
        transmit the same to the President of the United States.

        The SPEAKER. Is there objection to the immediate consideration 
    of the resolution?
        Mr. [Bertrand H.] SNELL [of New York]. Reserving the right to 
    object, what department was this lost in?
        Mr. DIMOND. According to the letter, it was lost in the 
    Department of the Interior.

    After the resolution was agreed to by the House and the 
Senate,(3) the following communication was laid before the 
House:

 3. Senate agreement to H. Con. Res. 21, see 79 Cong. Rec. 7551, 74th 
        Cong. 1st Sess., May 15, 1935.

---------------------------------------------------------------------------
                                                     May 15, 1935.

                                                        The Speaker,

                         House of Representatives, Washington, D. C.

        Sir: Pursuant to the provisions of House Concurrent Resolution 
    21, Seventy-fourth Congress, I have this day presented to the 
    President of the United States the signed duplicate copy of the 
    enrolled bill, H.R. 6084, entitled ``An act to authorize the city 
    of Ketchikan, Alaska, to issue bonds in any sum not to exceed 
    $1,000,000 for the purpose of acquiring the electric light and 
    power, water, and telephone properties of the Citizens' Light, 
    Power & Water Co., and to finance and operate the same, and 
    validating the preliminary proceedings with respect thereto, and 
    for other purposes.''

              Very truly yours,

                                                    South Trimble,

                            Clerk of the House of Representatives.

            By H. Newlin Megill.

Presidential Request to Address the House

Sec. 2.14 Consistent with the doctrine of separation of powers

[[Page 90]]

    and the precedents of the House, the Speaker has declined a request 
    of the President to address the House in actual session on 
    legislation upon which the House was about to vote, the traditional 
    alternative of a joint session being available to the President.

    On June 24, 1986,(1) Rep. Charles Roemer, of Louisiana, 
took the floor in debate to defend the Speaker's decision not to invite 
President Ronald W. Reagan to address the House, in session, prior to a 
vote on a legislative issue.
---------------------------------------------------------------------------
 1. 132 Cong. Rec. 15184, 99th Cong. 2d Sess. For instances of informal 
        visits by the President to Congress, see Sec. 1.10, supra.
---------------------------------------------------------------------------

    The President's views were then addressed to the Speaker in a 
communication, which was laid before the House and read, before the 
floor action on the issue.(2)
---------------------------------------------------------------------------
 2. Id. at p 15186.
---------------------------------------------------------------------------

     COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES CONCERNING 
        THE QUESTION OF PROVIDING ASSISTANCE TO FREEDOM FIGHTERS IN 
                       NICARAGUA (H. Doc. No. 99-237)

        The SPEAKER pro tempore (Mr. [George P.] Miller of California) 
    laid before the House the following communication from the 
    President of the United States; which was read and, together with 
    the accompanying papers, without objection, referred to the 
    Committee on Appropriations, the Committee on Foreign Affairs, the 
    Committee on Armed Services, and the Permanent Select Committee on 
    Intelligence and ordered to be printed:

                                                   The White House

                                        Washington, June 24, 1986.

                               The Honorable Thomas P. O'Neill, Jr.,

            Speaker of the House of Representatives, Washington, DC 
                                                               20515

        Dear Mr. Speaker: I am transmitting in writing my remarks that 
    I had hoped to deliver to members of the House of Representatives 
    today. It was my desire to speak directly to the members of the 
    House of Representatives to emphasize the importance of achieving a 
    bipartisan approach to address the urgent question of providing 
    assistance to the freedom fighters in Nicaragua. . . .

                                                  The Oval Office,

                                                    June 24, 1986.

        My fellow citizens. The matter that brings me before you today 
    is a grave one and concerns my most solemn duty as President. It is 
    the cause of freedom in Central America and the national security 
    of the United States. Tomorrow the House of Representatives will 
    debate and vote on this issue. I had hoped to speak directly and at 
    this very hour to Members of the House of Representatives on this 
    subject, but was unable to do so. Because I feel so strongly about 
    what I have to say, I have asked for this time to share with you--
    and members of the House--the message I would have otherwise given.

[[Page 91]]

    Parliamentarian's Note: In recognition of the doctrine of 
separation of powers, the Speaker had suggested that the Congress, by 
concurrent resolution, invite the President to address the two Houses 
in joint session ``for the purpose of receiving any communication he 
might be pleased to make.'' The President refused the invitation. See 
also the proceedings of Nov. 13, 1969, where President Richard M. Nixon 
addressed the House, but not on pending legislation.(3)
---------------------------------------------------------------------------
 3. 115 Cong. Rec. 34080, 34081, 91st Cong. 1st Sess. President Nixon's 
        visit was for the stated purpose of thanking Members who had 
        sponsored a resolution calling for a just peace in Vietnam.
---------------------------------------------------------------------------


                      

[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)
---------------------------------------------------------------------------
 1. See House Rules and Manual Sec. 873 (2007).
 2. 8 Cannon's Precedents Sec. 3348.
 3. House Rules and Manual Sec. 875 (2007).
---------------------------------------------------------------------------

    A Presidential message may be divided for referral to more than one 
committee.(4)
---------------------------------------------------------------------------
 4. 8 Cannon's Precedents Sec. Sec. 3348, 3349.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
 5. House Rules and Manual Sec. 827 (2007).
 6. Id. at Sec. 873.                          -------------------
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

     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.
---------------------------------------------------------------------------
 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:
---------------------------------------------------------------------------
 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[.] . . .
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

        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)
---------------------------------------------------------------------------
 2. Before the 94th Congress, the Speaker could not divide a measure 
        for referral. See House Rules and Manual Sec. 816 (2007).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
 1. 92 Cong. Rec. 165, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

                         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).
---------------------------------------------------------------------------

             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)
---------------------------------------------------------------------------
 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)
---------------------------------------------------------------------------

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).

---------------------------------------------------------------------------

[[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. . . .
---------------------------------------------------------------------------
 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.


                        

[Page 110-114]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 4. Joint Sessions to Receive Presidential Messages: In General

    The President, under the Constitution,(1) has the duty 
from time to time to give to the Congress information on the state of 
the Union and to recommend the consideration of such measures as he 
considers necessary and expedient. Such ``state of the Union'' messages 
are, in modern practice, delivered in person, but may be transmitted in 
writing.(2) When the President has indicated an intention to 
address Congress in

[[Page 111]]

person, the two Houses provide by concurrent resolution for a joint 
session to receive the message. Such a resolution is held to be of the 
highest privilege.(3)
---------------------------------------------------------------------------
 1. U.S. Const. art. II, Sec. 3.
 2. See Sec. 3.3, supra.
 3. 8 Cannon's Precedents Sec. 3335.
---------------------------------------------------------------------------

    Topics that the President has covered in messages delivered in 
person to joint sessions of Congress, in addition to state of the Union 
and budgetary matters, have included the threat of war in the 
world,(4) a declaration of war on Japan,(5) the 
results of the Yalta Conference at the close of World War II 
hostilities,(6) the return of a bill regarding military 
pay,(7) a legislative proposal to settle strikes affecting 
the railroads and soft coal mining industries,(8) a 
legislative proposal for comprehensive health care 
reform,(9) the announcement of a Middle East peace 
agreement,(10) and the announcement of the end of military 
operations in the Persian Gulf region.(11)
---------------------------------------------------------------------------
 4. 147 Cong. Rec. 17455-57, 107th Cong. 1st Sess., Sept. 20, 2001; and 
        86 Cong. Rec. 6242-44, 76th Cong. 3d Sess., May 16, 1940.
 5. 87 Cong. Rec. 9519-38, 77th Cong. 1st Sess., Dec. 8, 1941.
 6. 91 Cong. Rec. 1618-22, 79th Cong. 1st Sess., Mar. 1, 1945.
 7. 79 Cong. Rec. 7993-97, 74th Cong. 1st Sess., May 22, 1935.
 8. 92 Cong. Rec. 5752, 5753, 79th Cong. 2d Sess., May 25, 1946.
 9. 139 Cong. Rec. 22141-47, 103d Cong. 1st Sess., Sept. 22, 1993.
10. 124 Cong. Rec. 29916, 29917, 95th Cong. 2d Sess., Sept. 18, 1978.
11. 137 Cong. Rec. 5139-42, 102d Cong. 1st Sess., Mar. 6, 
        1991.                          -------------------
---------------------------------------------------------------------------

Authorizing Resolutions

Sec. 4.1 A joint session of the two Houses for the purpose of receiving 
    a message from the President is arranged by a concurrent 
    resolution.

    On Jan. 7, 1959,(1) the House agreed to a concurrent 
resolution providing for a joint session for the purpose of receiving 
the President's message:
---------------------------------------------------------------------------
 1. 105 Cong. Rec. 16, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John W.] MCCORMACK [of Massachusetts]. Mr. Speaker, I 
    offer a resolution (H. Con. Res. 1) and ask for its immediate 
    consideration.
        The Clerk read as follows:
        Resolved by the House of Representatives (the Senate 
    concurring), That the two Houses of Congress assemble in the hall 
    of the House of Representatives on Friday, January 9, 1959, at 
    12:30 o'clock in the afternoon, for the purpose of receiving such 
    communications as the President of the United States shall be 
    pleased to make to them.
        The resolution was agreed to.

    The Senate agreed to the concurrent resolution on the next 
day.(2)
---------------------------------------------------------------------------
 2. See 105 Cong. Rec. 144, 86th Cong. 1st Sess., Jan. 8, 1959.

---------------------------------------------------------------------------

[[Page 112]]

Sec. 4.2 A concurrent resolution providing for a joint session to 
    receive a message from the President is privileged.

    On Sept. 8, 1971,(1) a privileged concurrent resolution 
was called up from the floor as follows:
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 30845, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]: Mr. Speaker, I 
    offer a privileged concurrent resolution (H. Con. Res. 395) and ask 
    for its immediate consideration.(2)
---------------------------------------------------------------------------
 2. In the Senate, such a measure is a question of high privilege. 
        Riddick/Frumin, Senate Procedure, p. 892, S. Doc. No. 101-28 
        (1992).
---------------------------------------------------------------------------

        The Clerk read the concurrent resolution as follows:

                                H. Con. Res. 395

            Resolved by the House of Representatives (the Senate 
        concurring), That the two Houses of Congress assemble in the 
        Hall of the House of Representatives on Thursday, September 9, 
        1971, at 12:30 p.m., for the purpose of receiving such 
        communications as the President of the United States shall be 
        pleased to make to them.

        The concurrent resolution was agreed to.

President May Suggest Date for Joint Session

Sec. 4.3 When at the beginning of a new Congress the House has 
    completed its essential organizational business, it informs the 
    President, by committee, that it has established a quorum and is 
    ready to receive any message he may wish to transmit. The 
    committee, when it reports back to the House, sometimes informs the 
    House of the date on which the President desires to address a joint 
    session.

    On Jan. 14, 1975,(1) for example, the Majority Leader, a 
member of the committee appointed to inform the President that the new 
House was prepared to proceed to business, reported and informed the 
House of the date on which the President was prepared to address a 
joint session.
---------------------------------------------------------------------------
 1. 121 Cong. Rec. 34, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, 
    your committee on the part of the House to join a like committee on 
    the part of the Senate to notify the President of the United States 
    that a quorum of each House has been assembled and is ready to 
    receive any communication that he may be pleased to make has 
    performed that duty. The President asked us to report that he will 
    be pleased to deliver his message at 1 p.m., Wednesday, January 15, 
    1975, to a joint session of the two 
    Houses.                          -------------------

           JOINT SESSION OF CONGRESS--STATE OF THE UNION MESSAGE

        Mr. O'NEILL. Mr. Speaker, I offer a concurrent resolution (H. 
    Con. Res. 1)

[[Page 113]]

    and ask for its immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                 H. Con. Res. 1

            Resolved by the House of Representatives (the Senate 
        concurring), That the two Houses of Congress assemble in the 
        Hall of the House of Representatives on January 15, 1975 at 1 
        o'clock p.m. for the purpose of receiving such communication as 
        the President of the United States shall be pleased to make to 
        them.

        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

Joint Session to Receive Veto Message Delivered in Person by the 
    President

Sec. 4.4 On one occasion, the President delivered a veto message to a 
    joint session of Congress.

    Although the Senate debated the right of the President to deliver a 
veto message in person,(1) President Franklin D. Roosevelt 
addressed a joint session on May 22, 1935, for that 
purpose.(2)
---------------------------------------------------------------------------
 1. 79 Cong. Rec. 7896-912, 74th Cong. 1st Sess., May 21, 1935.
 2. Id. at pp. 7993, 7996.
---------------------------------------------------------------------------

        At 12 o'clock and 27 minutes p. m. the President of the United 
    States, escorted by the committee of Senators and Representatives, 
    entered the Hall of the House and stood at the Clerk's desk, amid 
    prolonged applause.
        The SPEAKER.(3) Senators and Representatives of the 
    Seventy-fourth Congress, I have the distinguished honor and 
    privilege of presenting to you the President of the United States. 
    [Applause.]
---------------------------------------------------------------------------
 3. Joseph W. Byrns (TN).
---------------------------------------------------------------------------

         veto message of the president of the united states--adjusted-
                     service certificates (h. doc. no. 197)

        The PRESIDENT OF THE UNITED STATES. Mr. Speaker and Members of 
    the House of Representatives, 2 days ago a number of gentlemen from 
    the House of Representatives called upon me and with complete 
    propriety presented their reasons for asking me to approve the 
    House of Representatives bill providing for the immediate payment 
    of adjusted-service certificates. In the same spirit of courtesy I 
    am returning this bill today to the House of Representatives. . . .
        As to the right and the propriety of the President in 
    addressing the Congress in person, I am very certain that I have 
    never in the past disagreed, and will never in the future disagree, 
    with the Senate or the House of Representatives as to the 
    constitutionality of the procedure. With your permission, I should 
    like to continue from time to time to act as my own messenger. . . 
    .
        Therefore, Mr. Speaker, I return, without my approval, House of 
    Representatives bill no. 3896, providing for the immediate payment 
    to veterans of the 1945 face value of their adjusted-service 
    certificates.
        Thereupon (at 1 o'clock and 10 minutes p. m.) the President 
    retired from the Hall of the House.

[[Page 114]]

        At 1 o'clock and 12 minutes p.m., the Speaker announced that 
    the joint session was dissolved.
        Thereupon the Vice President and the Members of the Senate 
    returned to their Chamber.

                  action on the veto message of the president

        The SPEAKER. The objections of the President will be entered at 
    large on the Journal, and the message and the bill printed as a 
    House document.
        The question is, Will the House of Representatives, on 
    reconsideration, pass the bill, the objections of the President to 
    the contrary notwithstanding?

    Parliamentarian's Note: The return of a bill in this manner was 
unusual as the message otherwise is delivered to the House originating 
the measure. The other House would be notified only following action by 
the first House. The House here properly waited until the dissolution 
of the joint session and the departure of the Senate before proceeding 
to the reconsideration of the bill.


                       

[Page 114-122]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 5. Joint Sessions to Receive Presidential Messages: Procedure

    At the appointed hour for a joint session to receive the President, 
the Members of the Senate arrive and occupy the seats reserved for 
them. The President of the Senate (the Vice President) sits to the 
right of the Speaker, but in the absence of the Vice President, the 
President pro tempore sits to the left of the Speaker. The Speaker 
presides.(1) Since the inception of television coverage in 
the House, the President almost always delivers his annual state of the 
Union message in the evening.(2)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 169 (2007).
 2. The first instance of a President delivering an annual message at 
        an evening session occurred on Jan. 3, 1936. See 80 Cong. Rec. 
        27-30, 74th Cong. 2d 
        Sess.                          -------------------
---------------------------------------------------------------------------

Speaker's Declaration of Recess

Sec. 5.1 The Speaker declares a recess in connection with a joint 
    session to receive a message in person from the President.

    Under the authority of Rule I clause 12(a) to ``suspend the 
business of the House for a short time when no question is pending 
before the House,'' (1) the Chair declares a recess for the 
purpose of preparing the Chamber for a joint session to receive a 
message from

[[Page 115]]

the President, as seen in the proceedings of Jan. 29, 
2002:(2)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 638 (2007).
 2. 148 Cong. Rec. 329, 330, 107th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER pro tempore.(3) Pursuant to clause 12 of 
    rule I, the Chair declares the House in recess until approximately 
    8:40 p.m. for the purpose of receiving in joint session the 
    President of the United States.
---------------------------------------------------------------------------
 3. John E. Sweeney (NY).
---------------------------------------------------------------------------

        Accordingly (at 5 o'clock and 30 minutes p.m.), the House stood 
    in recess until approximately 8:40 p.m.

    The proceedings of Jan. 7, 1959,(4) exemplify the grant 
of authority for the Speaker to declare a recess that was necessary 
before the adoption of Rule I clause 12(a) at the beginning of the 103d 
Congress.
---------------------------------------------------------------------------
 4. 105 Cong. Rec. 16, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

    On that date, following the adoption of a concurrent resolution 
providing for a joint session of the two Houses to receive a message 
from the President on Jan. 9, 1959,(5) the Speaker, Sam 
Rayburn, of Texas, was authorized by unanimous consent to declare a 
recess at any time on that date, as follows:
---------------------------------------------------------------------------
 5. 80 Cong. Rec. 9, 74th Cong. 2d Sess. (S. Con. Res. 25).
---------------------------------------------------------------------------

        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I ask 
    unanimous consent that on Friday, January 9, 1959, it may be in 
    order for the Speaker to declare a recess at any time subject to 
    the call of the Chair.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.

Ceremonial Procedure at Joint Session

Sec. 5.2 The two Houses follow established ceremonial procedures at a 
    joint session to receive a message from the President.

    On Jan. 31, 2006,(1) the two Houses met in joint session 
to receive the President's annual state of the Union message. As part 
of the preparation for the joint session, the Chair announced the 
customary policy on floor privileges for the joint session. The Chair 
also announced that the practice of reserving seats by placard for the 
joint session would not be allowed and that Members could reserve seats 
only by their physical presence following a security sweep of the 
Chamber.
---------------------------------------------------------------------------
 1. 152 Cong. Rec. 413-417, 109th Cong. 2d Sess.
---------------------------------------------------------------------------

     The proceedings were as follows:

                    ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

        The SPEAKER pro tempore.(2) The Chair desires to 
    make an announcement.
---------------------------------------------------------------------------
 2. Ray LaHood (IL).

---------------------------------------------------------------------------

[[Page 116]]

        After consultation among the Speaker, the majority and minority 
    leaders, and with their consent and approval, the Chair announces 
    that tonight when the two Houses meet in joint session to hear an 
    address by the President of the United States, only the doors 
    immediately opposite the Speaker and those on his left and right 
    will be open.
        No one will be allowed on the floor of the House who does not 
    have the privilege of the floor of the House.
        Due to the large attendance that is anticipated, the Chair 
    feels that the rule regarding the privilege of the floor must be 
    strictly adhered to.
        Children of Members will not be permitted on the floor, and the 
    cooperation of all Members is requested.
        The practice of reserving seats prior to the joint session by 
    placard will not be allowed. Members may reserve their seats by 
    physical presence only following the security sweep of the 
    Chamber.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, 
    the Chair declares the House in recess until approximately 8:40 
    p.m. for the purpose of receiving in joint session the President of 
    the United States.
        Accordingly (at 5 o'clock and 22 minutes p.m.), the House stood 
    in recess until approximately 8:40 
    p.m.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order at 8 
    o'clock and 43 minutes p.m.

          JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE 
        PROVISIONS OF HOUSE CONCURRENT RESOLUTION 77 TO HEAR AN ADDRESS 
                     BY THE PRESIDENT OF THE UNITED STATES

        The Speaker(3) of the House presided.
---------------------------------------------------------------------------
 3. J. Dennis Hastert (IL).
---------------------------------------------------------------------------

        The Deputy Sergeant at Arms,(4) Mrs. Kerri Hanley, 
    announced the Vice President and Members of the U.S. Senate, who 
    entered the Hall of the House of Representatives, the Vice 
    President taking the chair at the right of the 
    Speaker,(5) and the Members of the Senate the seats 
    reserved for them.
---------------------------------------------------------------------------
 4. Before the abolition of the office in 1995 (see House Rules and 
        Manual Sec. 663a (2007)), the Doorkeeper announced all 
        attendees. See, e.g., 105 Cong. Rec. 32-36, 86th Cong. 1st 
        Sess., Jan. 7, 1948.
 5. In the absence of the Vice President (the President of the Senate), 
        the Senate is represented on the Speaker's rostrum by its 
        President pro tempore, who sits to the Speaker's left. See 
        House Rules and Manual Sec. 169 (2007).
---------------------------------------------------------------------------

        The SPEAKER. The Chair appoints as members of the committee on 
    the part of the House to escort the President of the United States 
    into the Chamber:
        The gentleman from Missouri (Mr. Blunt); . . .
        The gentleman from South Carolina (Mr. Clyburn).(6)
---------------------------------------------------------------------------
 6. The full House escort committee consisted of the Majority Leader, 
        Roy Blunt (MO), the Republican Conference Chairman, Deborah 
        Pryce (OH), the Rules Committee Chairman, David Dreier (CA), 
        the Minority Leader, Nancy Pelosi (CA), the Minority Whip, 
        Steny Hoyer (MD), and the Democratic Caucus Chairman, Jim 
        Clyburn (SC). At the time of this joint session, the positions 
        of Majority Whip and Democratic Caucus Vice Chairman were 
        vacant.

---------------------------------------------------------------------------

[[Page 117]]

        The VICE PRESIDENT.(7) The President of the Senate, 
    at the direction of that body, appoints the following Senators as 
    members of the committee on the part of the Senate to escort the 
    President of the United States into the House Chamber:
---------------------------------------------------------------------------
 7. Richard B. Cheney (WY).
---------------------------------------------------------------------------

        The Senator from Tennessee (Mr. Frist); . . .
        The Senator from New Jersey (Mr. Menendez).
        The Deputy Sergeant at Arms announced the Dean of the 
    Diplomatic Corps. . . .
        The Dean of the Diplomatic Corps entered the Hall of the House 
    of Representatives and took the seat reserved for 
    him.(8)
---------------------------------------------------------------------------
 8. Under an earlier practice, the entire diplomatic corps was 
        announced. See, e.g., 94 Cong. Rec. 32, 80th Cong. 2d Sess., 
        Jan. 7, 1948; 136 Cong. Rec. 905, 101st Cong. 2d Sess., Jan. 
        31, 1990.
---------------------------------------------------------------------------

        The Deputy Sergeant at Arms announced the Chief Justice of the 
    United States and the Associate Justices of the Supreme Court.
        The Chief Justice of the United States and the Associate 
    Justices of the Supreme Court entered the Hall of the House of 
    Representatives and took the seats reserved for them in front of 
    the Speaker's rostrum.
        The Deputy Sergeant at Arms announced the Cabinet of the 
    President of the United States.
        The members of the Cabinet of the President of the United 
    States entered the Hall of the House of Representatives and took 
    the seats reserved for them in front of the Speaker's rostrum.
        At 9 o'clock and 7 minutes p.m., the Sergeant at Arms, the 
    Honorable Wilson Livingood, announced the President of the United 
    States.
        The President of the United States, escorted by the committee 
    of Senators and Representatives, entered the Hall of the House of 
    Representatives and stood at the Clerk's desk.
        (Applause, the Members rising).
        The SPEAKER. Members of Congress, I have the high privilege and 
    the distinct honor of presenting to you the President of the United 
    States.
        (Applause, the Members 
    rising.)                          -------------------

         THE STATE OF THE UNION ADDRESS BY THE PRESIDENT OF THE UNITED 
                                     STATES

        The PRESIDENT. Mr. Speaker, Vice President Cheney, Members of 
    Congress, members of the Supreme Court and Diplomatic Corps, 
    distinguished guests and fellow citizens: . . .
        May God bless America.
        (Applause, the Members rising.)
        At 10 o'clock and 5 minutes p.m., the President of the United 
    States, accompanied by the committee of escort, retired from the 
    Hall of the House of Representatives.
        The Deputy Sergeant at Arms escorted the invited guests from 
    the Chamber in the following order:

[[Page 118]]

        The Members of the President's Cabinet; Chief Justice of the 
    United States and Associate Justices of the Supreme Court;
        The Dean of the Diplomatic 
    Corps.                          -------------------

                            JOINT SESSION DISSOLVED

        The SPEAKER. The Chair declares the joint session of the two 
    Houses now dissolved.
        Accordingly, at 10 o'clock and 10 minutes p.m., the joint 
    meeting of the two Houses was dissolved.
        The Members of the Senate retired to their 
    Chamber.                          -------------------

        MESSAGE OF THE PRESIDENT REFERRED TO THE COMMITTEE OF THE WHOLE 
                        HOUSE ON THE STATE OF THE UNION

        Mr. [Bob] GOODLATTE [of Virginia]. Mister 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 to be printed.
        The motion was agreed to.

State of the Union and Budget as One Message

Sec. 5.3 The President has submitted his annual message on the state of 
    the Union and his budget message in one communication.

    On Jan. 21, 1946,(1) President Harry S Truman submitted 
in writing his annual message on the state of the Union. His comments 
on the budget were included in the same message.
---------------------------------------------------------------------------
 1. 92 Cong. Rec. 136-155, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

Messages in Writing Accompanying State of the Union Address

Sec. 5.4 On one occasion, the President delivered his state of the 
    Union address to a joint session of Congress and delivered in 
    writing a lengthy message carrying his legislative program in more 
    detail than in the text read to the Members. On motion, the House 
    ordered both texts printed as a single document and referred to the 
    Union Calendar.

    For the state of the Union message delivered on Jan. 30, 
1974,(1) President Richard M. Nixon delivered an abbreviated 
version in person and provided a longer version in writing. The 
delivered speech took about 40 minutes; the written text submitted 
under separate seal, was some 22,000 words in length.(2)
---------------------------------------------------------------------------
 1. See 120 Cong. Rec. 1465-85, 93d Cong. 2d Sess.
 2. Parliamentarian's Note: At the time of this state of the Union 
        message the House Committee on the Judiciary had commenced an 
        impeachment inquiry.

---------------------------------------------------------------------------

[[Page 119]]

    The proceedings were as follows:

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 8 o'clock and 43 minutes 
    p.m.                          -------------------

          JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE 
           PROVISIONS OF HOUSE CONCURRENT RESOLUTION 413 TO HEAR AN 
                 ADDRESS BY THE PRESIDENT OF THE UNITED STATES

        The SPEAKER of the House presided. . . .
        The SPEAKER.(3) My colleagues of the Congress, I 
    have the distinct privilege and the high personal honor of 
    presenting to you the President of the United States.
---------------------------------------------------------------------------
 3. Carl Albert (OK).
---------------------------------------------------------------------------

        [Applause, the Members 
    rising.]                          -------------------

        THE STATE OF THE UNION--ADDRESS BY THE PRESIDENT OF THE UNITED 
                          STATES (H. DOC. NO. 93-206)

        The PRESIDENT. Mr. Speaker, Mr. President, my colleagues in the 
    Congress, our distinguished guests, and my fellow Americans:
        . . . Tonight, for the first time in 12 years, a President of 
    the United States can report to the Congress on the state of a 
    Union at peace with every nation of the world.
        Because of this, in the 22,000-word message on the state of the 
    Union that I have just handed to the Speaker of the House and the 
    President of the Senate, I have been able to deal primarily with 
    the problems of peace, with what we can do here at home in America 
    for the American people, rather than with the problems of war. The 
    measures I have outlined in this message set an agenda for truly 
    significant progress for this Nation and the world in 1974. . . .
        [Applause, the Members rising.]
        The state of the Union message, referred to by the President, 
    and submitted to the Congress, is, in its official text, as 
    follows:

                             To the Congress of the United States:

        We enter 1974 not at the beginning of an historical cycle, but 
    in the middle of one. Beginnings have been made in many vital 
    areas, beginnings which we now must build upon. New needs have 
    arisen which we are in the process of addressing. Opportunities are 
    coalescing which give us a chance to make historic progress toward 
    a stable peace and expanding prosperity. . . .
        I have full confidence that we will meet that responsibility.

                                                    Richard Nixon.
                                The White House, January 30, 1974.

        At 9 o'clock and 48 minutes p.m., the President of the United 
    States, accompanied by the committee of escort, retired from the 
    Hall of the House of Representatives. . . 
    .                          -------------------

                          JOINT SESSION DISSOLVED

        The SPEAKER. The Chair declares the joint session of the two 
    Houses now dissolved.

[[Page 120]]

        Accordingly, at 9 o'clock and 55 minutes p.m., the joint 
    session of the two Houses was dissolved.
        The Members of the Senate retired to their 
    Chamber.                          -------------------

                      REFERENCE OF PRESIDENT'S MESSAGE

        Mr. [Charles] ROSE [of North Carolina]. Mr. Speaker, I move 
    that the message of the President together with the accompanying 
    documents be referred to the Committee of the Whole House on the 
    state of the Union and ordered printed.
        The motion was agreed to.

Sec. 5.5 In the second session of the 96th Congress, the President 
    transmitted his state of the Union speech in writing on the day 
    before he delivered the address to a joint session of Congress.

    When the second session of the 96th Congress convened to conduct 
its organizational business, the Majority Leader, appointed by the 
Speaker to the select committee to notify the President that a quorum 
was assembled and that the House was ready to proceed to business, 
reported back to the House that the President wished to address a joint 
session of Congress on the state of the Union on the following day. His 
written speech was transmitted on Jan. 22, 1980,(1) and was 
read (in brief), referred to the Union Calendar, and ordered printed. 
Both versions were thus printed as House documents.(2)
---------------------------------------------------------------------------
 1. 126 Cong. Rec. 190-215, 96th Cong. 2d Sess.
 2. The address to the joint session was printed as H. Doc. No. 96-257. 
        See 126 Cong. Rec. 380-382, 96th Cong. 1st Sess., Jan. 22, 
        1980.
---------------------------------------------------------------------------

    The written message was laid before the House and subsequent 
proceedings were as follows:

       STATE OF THE UNION ADDRESS--MESSAGE FROM THE PRESIDENT OF THE 
                     UNITED STATES (H. DOC. NO. 96-250)

        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 of the 
    Whole House on the State of the Union and ordered to be printed:

                             To the Congress of the United States:

        My State of the Union Address will be devoted to a discussion 
    of the most important challenges facing our country as we enter the 
    1980's. . . .
        We must move together into this decade with the strength which 
    comes from realization of the dangers before us and from the 
    confidence that together we can overcome them.

                                                     Jimmy Carter.

                                     The White House, January 21, 
                1980.                          -------------------

           REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT OF THE UNITED 
                     STATES OF THE ASSEMBLY OF THE CONGRESS

        Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, your 
    committee

[[Page 121]]

    on the part of the House to join a like committee on the part of 
    the Senate to notify the President of the United States that a 
    quorum of each House has been assembled and is ready to receive any 
    communication that he may be pleased to make has performed that 
    duty.
        The President asked us to report that he will be pleased to 
    deliver his message at 9 p.m., Wednesday, January 23, 1980, to a 
    joint session of the two Houses. . . 
    .                          -------------------

             JOINT SESSION OF CONGRESS--STATE OF THE UNION ADDRESS

        Mr. WRIGHT. Mr. Speaker I offer a concurrent resolution (H. 
    Con. Res. 241) and ask for its immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 241

        Resolved by the House of Representatives (the Senate 
    concurring) That the two Houses of Congress assemble in the Hall of 
    the House of Representatives on Wednesday, January 23, 1980, at 9 
    o'clock postmeridiem for the purpose of receiving such 
    communication as the President of the United States shall be 
    pleased to make to them.
        The concurrent resolution was agreed to.

Consecutive Joint Sessions to Count Electoral Votes and Receive 
    Presidential Message

Sec. 5.6 At the inception of the 79th Congress, immediately after a 
    joint session was held for the purpose of counting electoral votes, 
    a second joint session was held to hear the President's annual 
    message read by the Clerk.

    On Jan. 6, 1945,(1) a recess having expired, the House 
was called to order by the Speaker. The Senate entered the Hall, 
preceded by the Vice President and the Secretary of the Senate. The 
Vice President addressed the assembly as to the purpose of the joint 
session:
---------------------------------------------------------------------------
 1. 191 Cong. Rec. 90-97, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        The VICE PRESIDENT.(2) Mr. Speaker and gentlemen of 
    the Congress, the Senate and the House of Representatives, pursuant 
    to the requirements of the Constitution and laws of the United 
    States, have met in joint session for the purpose of opening the 
    certificates and ascertaining and counting the votes of the 
    electors of the several States for President and Vice President. . 
    . .(3)
---------------------------------------------------------------------------
 2. Henry A. Wallace (IA).
 3. Electoral College, see Ch. 10, supra.
---------------------------------------------------------------------------

    The tellers proceeded to read, count, and announce the electoral 
votes of the several States in alphabetical order. The Vice President 
then announced that the certificates of all the States had been opened 
and read, and that the tellers would make final ascertainment of the 
result and deliver it to the Vice President.

[[Page 122]]

    This done, the Vice President dissolved the joint session, called 
pursuant to Senate Concurrent Resolution 1, and indicated that the 
Senate would remain in the House Chamber pursuant to Senate Concurrent 
Resolution 2, to receive a message in writing from the President of the 
United States. This message was communicated to the joint session by 
one of the President's secretaries. The Speaker laid the message before 
the joint session and it was read:

                             To the Congress of the United States:

        In considering the state of the Union, the war, and the peace 
    that is to follow, are naturally uppermost in the minds of all of 
    us. . . .

                                            Franklin D. Roosevelt.

                                 The White House, January 6, 1945.

    Following the reading, the joint session was dissolved by the 
Speaker. The Senate retired from the Hall of the House, and the House 
was called to order by the Speaker.


                        

[Page 122-126]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec. 6. Letters From the President

Letter in Support of Bill

Sec. 6.1 During debate in the Committee of the Whole, the Clerk, by 
    unanimous consent, read a letter from the President to the Speaker 
    in which the President expressed his support for the bill then 
    under consideration.

    On Nov. 20, 1969,(1) while the House was sitting as the 
Committee of the Whole, the Speaker, John W. McCormack, of 
Massachusetts, rose to announce that he had just received a letter from 
the President relating to the legislation then under discussion.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 35192, 35193, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

    The following proceedings ensued:

        Mr. McCORMACK. Mr. Chairman, I move to strike the last word.
        Mr. Chairman, I have just received a letter from President 
    Nixon. I understand the minority leader also received a letter. I 
    received it a few minutes ago. It relates to the bill pending 
    before the House. I would like to have the contents of the letter 
    read to the House so that the Members will have in mind the views 
    expressed by the President in his letter to me.
        Mr. Chairman, I ask unanimous consent that the Clerk be 
    authorized to read the letter of the President of the United 
    States.
        The CHAIRMAN.(2) Is there objection to the request 
    of the gentleman from Massachusetts?
---------------------------------------------------------------------------
 2. Charles M. Price (IL).
---------------------------------------------------------------------------

        There was no objection.
        The Clerk read the letter as follows:

                                                  The White House,

                                                       Washington.


[[Page 123]]


                                             Hon. John W. McCormack,

                                  Speaker, House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker:. . .
        . . . [I] hope that Congressional leaders will approach this 
    year's decisions on foreign assistance with a full appreciation of 
    the serious consequences of both the reductions so far and any 
    deeper cuts that may be advocated. Such reductions will have 
    virtually no effect on our actual expenditures in FY 1970 because 
    of the lag in actually disbursing the funds, but would have an 
    extremely serious impact on our leadership responsibilities in this 
    important field. I therefore urge you to avoid or minimize further 
    cuts in the bill now before the House.

              Sincerely,

                                                    Richard Nixon.

        Mr. McCORMACK. Mr. Chairman, the views of the President of the 
    United States, without regard to political party or the political 
    party of the President, are always worthy of consideration by the 
    Members of this body.

Letter Treated as Executive Communication

Sec. 6.2 A letter from the President to the Speaker, advocating certain 
    legislative action, was laid before the House.

    On Nov. 12, 1969,(1) Speaker John W. McCormack, of 
Massachusetts, laid before the House a letter from the President of the 
United States, which was read and referred to the Committee on 
Interstate and Foreign Commerce and ordered to be 
printed.(2)
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 33739, 91st Cong. 1st Sess.
 2. See also 103 Cong. Rec. 6019-21, 85th Cong. 1st Sess., Apr. 18, 
        1957 (letter from the President in response to a House 
        resolution requesting him to indicate where certain budget 
        reductions could be made was laid before the House by the 
        Speaker, read, referred to committee, and ordered printed).

---------------------------------------------------------------------------
                                                  The White House,

                               Washington, D.C., November 6, 1969.

                                             Hon. John W. McCormack,

                            Speaker of the House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: Air transportation is a rapidly growing and 
    vital part of the national economy. It is essential that we keep 
    our air transportation system safe, economic and efficient. I have 
    stressed many times my determination to take the steps necessary to 
    maintain the safety and improve the effectiveness of the nation's 
    air traffic control system. . . .
        Since the continuing resolution has held the operation of the 
    Department of Transportation so far in the fiscal year to the 
    fiscal year 1969 level, no additional appropriations beyond the 
    pending 1970 budget request will be required to support these 
    additional 1,000 traffic controller positions.
        I urgently request that the Congress approve this proposal.

              Sincerely,

                                                    Richard Nixon.

[[Page 124]]

Sec. 6.3 The Speaker laid before the House a letter from the President 
    supporting a bill then pending before the House.

    On Sept. 14, 1970,(1) the Speaker laid before the House 
the following communication from the President of the United States. It 
was read and referred to the Committee on Banking and Currency and 
ordered to be printed.(2)
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 31422, 91st Cong. 2d Sess.
 2. But see Sec. 2.2, supra.

---------------------------------------------------------------------------
                                                  The White House,

                                   Washington, September 11, 1970.

                                             Hon. John W. McCormack,

                            Speaker of the House of Representatives,

                                                    Washington, D.C.

        Dear Mr. Speaker: There is now pending before the House a bill 
    of vital importance to the international economic and financial 
    interests of the United States. H.R. 18306 authorizes increased 
    U.S. participation in four multilateral financial institutions: . . 
    .
        This legislation has my full support. I believe that the 
    national interest will be served by passage of H.R. 18306, and I 
    strongly urge prompt and favorable action by the House of 
    Representatives.

              Sincerely,

                                                    Richard Nixon.

Enclosure and Reading of Communication From Foreign Head of State

Sec. 6.4 A letter from the President transmitting a communication from 
    the Queen of Great Britain was read; the communication from the 
    Queen was also read.

    On May 23, 1952,(1) the Speaker laid before the House a 
letter from the President, which was read. Also read was an enclosed 
letter from Her Majesty Queen Elizabeth II.

 1. 98 Cong. Rec. 5864, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
                                                  The White House,

                                         Washington, May 22, 1952.

                                                   Hon. Sam Rayburn,

                            Speaker of the House of Representatives.

        My Dear Mr. Speaker: I am transmitting herewith a copy of a 
    letter I have received from Her Majesty Queen Elizabeth II, asking 
    me to convey to the Members of the House of Representatives her 
    deep appreciation for their sentiments of sympathy and their 
    tribute to the memory of His late Majesty.

              Very sincerely yours,

                                                     Harry Truman.



                                   Buckingham Palace, May 7, 1952.

                    The President of the United States of America.

        Mr. President: I have received your letter dated the 4th day of 
    March, with

[[Page 125]]

    which you sent to me the texts of resolutions directed respectively 
    by the United States Senate to my governments in the United Kingdom 
    of Great Britain and Northern Ireland and in the other countries of 
    the Commonwealth and by the United States House of Representatives 
    to my government in the United Kingdom.
        In thanking you for your kindness in forwarding these 
    resolutions and for the personal sympathy which you have expressed 
    toward me in doing so, I request that you will be good enough to 
    convey to the Senate and the House of Representatives my deep 
    appreciation of the sentiments to which they have given expression 
    and of their tributes to the memory of His late Majesty. . . .

              Your sincere friend,

                                                      Elizabeth R.

Letters Presenting Gifts to the House

Sec. 6.5 The Speaker laid before the House a letter from the President 
    transmitting a historic object and suggesting that it might be 
    exhibited in the House.

    On June 26, 1942,(1) the Speaker laid the following 
letter from President Franklin D. Roosevelt before the House:

 1. 88 Cong. Rec. 5618, 5619, 77th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER. The Chair lays before the House the following 
    letter from the President of the United States:

                                                  The White House,

                                        Washington, June 29, 1942.

                                                   Hon. Sam Rayburn,

                                  Speaker, House of Representatives,

                                                 Washington, D. C.

        Dear Mr. Speaker: Early this year Mr. John Marshall Gamble of 
    Santa Barbara, Calif., sent to me a very old silver ladle which 
    belonged to Jonathan Dayton, Speaker of the House of 
    Representatives from 1795 to 1799. I thought this might be a very 
    interesting thing for you to have in the House of Representatives 
    to exhibit with my compliments and those of Mr. Gamble. . . .

              Very sincerely yours,

                                            Franklin D. Roosevelt.

Correction of Error in Presidential Message

Sec. 6.6 The Speaker laid before the House a communication to the 
    Speaker from the Secretary to the President in which the Secretary 
    to the President set forth a correction to a Presidential message 
    transmitted to the House earlier that day.

    On June 29, 1946,(1) Speaker Sam Rayburn, of Texas, laid 
before the House the following communication:(2)
---------------------------------------------------------------------------
 1. 92 Cong. Rec. 8014, 8015, 79th Cong. 2d Sess.
 2. The House has allowed the President to withdraw certain papers 
        inadvertently included with a written message. See 5 Hinds' 
        Precedents Sec. 6651. On one occasion, the President submitted 
        a message withdrawing proposed rescissions of budget authority 
        submitted under Sec. 1012 of the Impoundment Control Act of 
        1974 by the previous administration. See 127 Cong. Rec. 2219, 
        97th Cong. 1st Sess., Feb. 17, 1981 (H. Doc. No. 97-19, printed 
        127 Cong. Rec. 2170, Feb. 16, 1981).
---------------------------------------------------------------------------
                                                  The White House,

                                         Washington, June 23, 1942


[[Page 126]]



        Memorandum for the Speaker:
        On page 10 of the Message of the President returning to the 
    House of Representatives today, without approval, H.R. 6042, ``An 
    act to amend the Emergency Price Control Act of 1942, as amended, 
    and the Stabilization Act of 1942, as amended, and for other 
    purposes,'' the date October 1-15, 1946 appears incorrectly in the 
    next to the last paragraph. This date should read October 1-15, 
    1941 (instead of 1946).
        Will you kindly have the official copy and the Record corrected 
    accordingly?

                                                  Charles G. Ross,

                                        Secretary to the President

        The SPEAKER. Without objection, the correction will be made.
        There was no objection.
                   DESCHLER-BROWN-JOHNSON PRECEDENTS
Ch. 35 

[[Page 127]]

                      

[Page 127-133]
 
                               CHAPTER 35
 
           Presidential Messages and Executive Communications
 
Sec.                      INDEX TO PRECEDENTS

Address by President, see, e.g., State of the Union address; Verbal 
    communication from President
Adjournment, receipt of messages during
    budget customarily delivered to Clerk if House is not in session, 
        Sec. 1.3
    Clerk, budget customarily delivered to, if House is not in session, 
        Sec. 1.3
    Clerk, receipt by, Sec. Sec. 1.3, 2.5-2.9
    Clerk, receipt by, authorization under former practice given by 
        concurrent resolution or unanimous consent for, Sec. 2.5
    procedure where message is received by Clerk, Sec. Sec. 2.6-2.9
    veto message received during (see also Veto), Sec. Sec. 2.5, 2.8
    veto, pocket, precluded where arrangements made for receipt of 
        messages (see also Veto), Sec. 2.5
Budget
    appendix to, Presidential submission of, Sec. 1.3
    date of submission, Sec. 1
    received in Speaker's Rooms when House was not in session, Speaker 
        pro tempore laid before the House a communication which had 
        been, Sec. 1.3
    statutory provisions establishing dates for submission of, Sec. 1
    transmittal of, statutory provisions relating to, Sec. 1
Cambodia, letter from President concerning need for assistance for, see 
    Letter from President
Clerk, receipt of message by
    adjournment, during, Sec. Sec. 1.3, 2.5-2.9, 3.20
    classified material, receipt of, by employee in Clerk's office with 
        security clearance, Sec. 3.20
    concurrent resolution, authorization by, under former practice, 
        Sec. 2.5
    procedure upon receipt of message, Sec. Sec. 2.6-2.9, 3.20
    rule authorizing, Sec. 2.5
    unanimous consent, authorization by, under former practice, 
        Sec. 2.5
Committee of the Whole
    divided for referral between Committee of the Whole and standing 
        committee, message was, Sec. 3.6
    documents accompanying Presidential message referred to specific 
        committees where message was referred to Union Calendar, 
        Sec. 3.9
    letter from President was read in, by unanimous consent (see also 
        Letter from President), Sec. 6.1
    message from President not received in, Sec. 2.3
    referral by Speaker of Presidential message in first instance to, 
        with intention of referring to committees any bills 
        subsequently introduced in response to message, Sec. 3.5
    referred to, President's message containing recommendations as to 
        various legislative matters was, Sec. 3.5
    referred to, President's message on the economy was, Sec. 3.4
    referred to, President's state of the Union message is (see also 
        State of the Union address), Sec. Sec. 3.2, 3.3, 5.2, 5.4, 5.5
    rising of, procedure for, for receipt of message from President, 
        Sec. 2.3
    Speaker pro tempore, designated, message was by unanimous consent 
        referred by, Sec. 3.16
Committee, referral to, see Referral to appropriate committee

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Concurrent resolution providing for joint session to receive message 
    from President, see Joint session
Constitutional requirements
    information on state of the Union to be given from time to time, 
        Sec. Sec. 1, 4
    measures recommended as necessary and expedient, Sec. Sec. 1, 4
    privileged, certain matters as not, see Privileged for immediate 
        consideration, measures in exercise of certain powers conferred 
        by Constitution as not, infra
    receipt of messages by House, provisions as affecting, Sec. 1.1
    state of the Union, information on, to be given from time to time 
        (see also State of the Union address), Sec. Sec. 1, 4
    veto messages, see Veto
Death of former President, message concerning, Sec. 1.7
Discharge procedure, effect of reading of presidential message on, 
    under former practice, Sec. 2.12
Executive communications
    laid before House in manner of Presidential message, executive 
        communication may be, at discretion of Speaker, Sec. 1.3
    legislative measure, letter from President urging support for, 
        Sec. 2.2
    message, may be treated in same manner as, at discretion of 
        Speaker, Sec. 1.3
    messages, distinguished from, Sec. Sec. 1.2 et seq.
    referral of, see Referral to appropriate committee
Gallery, persons in, during address to joint session, see Joint session
Iraq, executive communication concerning, see Messages
Israel and Egypt, address concerning peace accord between, see Joint 
    session
Joint session
    concurrent resolution inviting President upon his request to 
        address the two Houses as alternative where request to address 
        House was declined, Sec. 2.14
    concurrent resolution providing for, to receive message from 
        President, (see also State of the Union address), 
        Sec. Sec. 4.1-4.3, 5.6
    consecutive joint sessions to count electoral votes and to receive 
        Presidential message, Sec. 5.6
    date for, may be suggested by President, Sec. 4.3
    dissolved, Chair declared joint session to be, Sec. Sec. 5.2, 5.4, 
        5.6
    electoral vote, joint session to count, Sec. 5.6
    privileged, concurrent resolution providing for joint session as, 
        Sec. 4.2
    recess, Speaker's declaration of, under former practice, Sec. 5.1
    request by President to address House concerning pending measure 
        was declined where alternative of joint session was available, 
        Sec. 2.14
    state of the Union address, see State of the Union address
    subjects of Presidential messages delivered, examples of, Sec. 4
    veto message, President delivered, to joint session (see also 
        Veto), Sec. 4.4
Letter from President
    air transportation, letter concerning measures affecting, Sec. 6.2
    Cambodia, urged support for measure providing assistance to, 
        Sec. 2.2
    Committee of the Whole, letter was read by unanimous consent in, 
        Sec. 6.1
    economic interests of United States served by participation in 
        multilateral institutions, letter concerning, Sec. 6.3

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    foreign assistance, letter concerning measures relating to, 
        Sec. 6.1
    foreign head of state, letter transmitting communication from, 
        Sec. 6.4
    gift for exhibition in House, letter relating to, Sec. 6.5
    Iraq, concerning, see Messages
    laid before House, letter was, Sec. Sec. 6.2-6.6
    legislative measure, requesting support for, Sec. Sec. 2.2, 6.1-6.3
    executive communications, Presidential, letter treated as, 
        Sec. Sec. 6.2, 6.3
    Mexico, letter concerning relations with, Sec. 1.5
    Queen Elizabeth II, letter transmitting communication from, 
        Sec. 6.4
    referral of letter, Sec. Sec. 6.2, 6.3
    Speaker, letter addressed to, ``for the information of his 
        colleagues'' was by unanimous consent read by Clerk, Sec. 1.5
    Speaker took floor in Committee of the Whole to ask unanimous 
        consent that Clerk read letter, Sec. 6.1
Messages
    atomic energy used for purposes of defense, message concerning, was 
        accompanied by classified material, Sec. 3.20
    bill reported as lost, message concerning, Sec. 2.13
    classified material, President's transmittal of, Sec. 3.20
    committee to inform President of readiness to receive, role of, 
        Sec. Sec. 4.3, 5.5
    correction of error in Presidential message was transmitted by 
        secretary, Sec. 6.6
    death of former President, message informing House and Senate of, 
        Sec. 1.7
    discharge procedure, effect of reading of Presidential message on, 
        under former practice, Sec. 2.12
    economic report of President, receipt of, during adjournment, 
        Sec. 2.9
    error in Presidential message, correction of, was transmitted by 
        secretary, Sec. 6.6
    executive communications, distinguished from, Sec. Sec. 1.2 et seq.
    executive communications may be dealt with in same manner as, at 
        discretion of Speaker, Sec. 1.3
    Impoundment Control Act, message withdrawing rescissions proposed 
        by previous administration under, Sec. 6.6
    interrupting reading, Sec. 2.10
    Iraq, executive communication concerning authorization for use of 
        military force in, Sec. 1.4
    joint session to receive Presidential message, see Joint session
    laid before House and read as soon as practicable, see, e.g., 
        Sec. Sec. 1.1, 1.3, 1.6, 1.7, 2.1, 2.2, 2.6-2.9, 2.14, 3.3
    letter from President, see Letter from President
    lost bill, message concerning, Sec. 2.13
    nomination to fill vacancy in office of Vice President, Sec. 3.18
    parliamentary inquiry, Chair declines to recognize for, during 
        reading, Sec. 2.10
    previous question, receipt of message as affected by operation of, 
        Sec. 2.4
    privileged, receipt of Presidential message as, Sec. 1.1
    quorum calls, see Quorum
    receipt of, as affected by custom and by constitutional provisions, 
        Sec. 1.1
    receipt of, when House not in session, Sec. 1.3
    recess, Speaker's declaration of, prior to joint session, see Joint 
        session; State of the Union address

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    referral of, see Referral to appropriate committee
    removal of executive officer, Sec. 1.6
    rereading of, by unanimous consent, Sec. 2.10
    rescissions of budget authority that were proposed by previous 
        administration, withdrawal of, Sec. 6.6
    statutory provisions establishing dates for submission of 
        Presidential reports and messages, Sec. Sec. 1, 2.9
    Tennessee Valley Authority, reasons for removal of Chairman of 
        Board of, Sec. 1.6
    veto message, see Veto
    Vice President, nomination to fill vacancy in office of, Sec. 3.18
    vote, receipt of message pending, Sec. 2.4
    War Powers Resolution, executive communications under, not read or 
        laid before House under current practice, Sec. Sec. 3.10, 3.11
    withdrawal of papers not relevant to message, Sec. Sec. 1, 6.6
    withdrawing proposed rescissions of budget authority submitted by 
        previous administration, Sec. 6.6
Messenger delivering Presidential message
    announcement by, Sec. 1
    introduction of, Sec. 1
Mexico, letter from President concerning relations with, Sec. 1.5
Nicaragua, request by President to address House prior to vote on 
    assistance to fighters in, was declined by Speaker, Sec. 2.14
Nomination to fill vacancy in office of Vice President, see Vice 
    President, nomination to fill vacancy in office of
Previous question, receipt of message as affected by operation of, 
    Sec. 2.4
Privileged for immediate consideration, measures in exercise of certain 
    powers conferred by constitution as not
    discussion generally, Sec. 3.18
    Vice President, resolution confirming nomination for, 
        Sec. Sec. 3.18, 3.19
Privileged, receipt of presidential message as, see Messages
    legislative day, not held over to another, Sec. 1.1
Quorum
    absence of, Presidential message may be received and read in, under 
        current practice, Sec. 2
    interruption of reading of message by quorum call permitted under 
        earlier practice, Sec. 2.11
    rules relating to recognition for point of no quorum or call of the 
        House, discussion of, Sec. 2.11
Recess, see, e.g., Joint session; Messages
Referral to appropriate committee
    ``all standing committees,'' comprehensive sequestration order was 
        referred to, as well as to select committee, Sec. 3.8
    amendment of motion to refer, Sec. 3.13
    announcement by Speaker concerning receipt of executive 
        communication was made prior to referral, Sec. 1.4
    budget, appendix to, Sec. 1.3
    budget law, comprehensive sequestration order under, was referred 
        to ``all standing committees'' and the Permanent Select 
        Committee on Intelligence, Sec. 3.8
    change of referral by Speaker on his own initiative, Sec. 3.14
    change of referral upon agreement to unanimous-consent request made 
        by Speaker, Sec. 3.15

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    Committee of the Whole, initial referral of Presidential message 
        to, to be followed by referral to committees of bills 
        introduced upon subjects contained in message, Sec. 3.5
    Committee of the Whole, messages referred to, see Committee of the 
        Whole
    communication from President, instances of referral of, 
        Sec. Sec. 1.2, 1.3, 2.14, 3.7
    communication from President urging support for legislative measure 
        was not referred to committee, Sec. 2.2
    debate, Presidential messages referred without, Sec. 3
    divided for referral among several committees, communication from 
        President transmitting proposal for energy policy reform was, 
        Sec. 3.7
    divided for referral between standing committee and Committee of 
        the Whole, message was, Sec. 3.6
    divide measure among multiple committees, Speaker could not, prior 
        to 94th Congress, Sec. 3.9
    documents accompanying Presidential message were referred to 
        committees where message was referred to Union Calendar, 
        Sec. 3.9
    energy policy reform, communication from President transmitting 
        legislative proposal for, was divided for referral to several 
        committees, Sec. 3.7
    environment and wildlife, message proposing legislation affecting, 
        reference of, Sec. 3.9
    executive department, communication from, Sec. 1.2
    introduction of bills on subjects contained in message, Speaker 
        initially referred Presidential message to Committee of the 
        Whole to await, Sec. 3.5
    Iraq, Speaker announced receipt of executive communication 
        concerning, prior to referral, Sec. 1.4
    Joint Committee on Atomic Energy, message accompanied by classified 
        material was referred to, Sec. 3.20
    joint referral of communications from President transmitting 
        proposed legislation to committees having jurisdiction, 
        Sec. 3.7
    letter from President, referral of (see also Letter from 
        President), Sec. Sec. 6.2, 6.3
    motion, referral of Presidential message by House on, Sec. 3
    multiple communications related to comprehensive sequestration 
        order, Speaker was given special authority to refer and to 
        devise document including, Sec. 3.8
    nomination to fill vacancy in office of Vice President, 
        Sec. Sec. 3.18, 3.19
    not referred, letter from President urging support for legislation 
        was, Sec. 2.2
    portion of Presidential message was re-referred by unanimous 
        consent, Sec. 3.15
    postponement of referral, Sec. 3.1
    President, communication from, instances of referral of, 
        Sec. Sec. 1.2, 1.3
    previous question, disposition of business after ordering of, 
        preceded reading and referral of Presidential message, Sec. 2.4
    previous question on motion to refer, amendment following rejection 
        of, Sec. 3.13
    Select Committee on Intelligence, Permanent, comprehensive 
        sequestration order was referred to all standing committees as 
        well as to, Sec. 3.8
    Select Committee, referral to, see Select committees

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    Speaker pro tempore, designated, message was by unanimous consent 
        referred by under former practice, Sec. 3.16
    Speaker was given special authority to refer multiple 
        communications relating to comprehensive sequestration order 
        and to print all as document in form deemed appropriate, 
        Sec. 3.8
    state of the Union message, see State of the Union address
    timing of referral, Sec. 3.1
    unfinished business, reading and referral of Presidential messages 
        may precede consideration of, Sec. 3.17
    Vice President, nomination to fill vacancy in office of, 
        Sec. Sec. 3.18, 3.19
    War Powers Resolution, executive communications required by, 
        referral of, Sec. Sec. 3.10, 3.11
    wheat, sale to Russia of surplus, communication from President 
        relating to, Sec. 1.3
Resignation of President transmitted to Secretary of State rather than 
    to Congress, Sec. 1.8
Resignation of Vice President transmitted to Secretary of State, 
    Sec. 3.18
Select committees
    Energy, Ad Hoc Committee on, creation of, Sec. 3.12
    Energy, Ad Hoc Committee on, referral of Presidential message and 
        subsequent related communications and bills to, Sec. 3.12
    Intelligence, Permanent Select Committee on, comprehensive 
        sequestration order was referred to all standing committees and 
        to, Sec. 3.8
    referral of particular matters to, Sec. Sec. 3.8, 3.12
Separation of powers as determinative where Speaker declined 
    President's request to address House on pending measure, Sec. 2.14
State of the Union address
    ceremonial procedures, Sec. 5.2
    committee to inform President of readiness to receive messages, 
        role of, Sec. Sec. 4.3, 5.5
    concurrent resolution, joint session authorized by, Sec. Sec. 4.3, 
        5.2, 5.4-5.6
    dissolved, Speaker declared joint session to be, Sec. Sec. 5.2, 
        5.4, 5.6
    joint session, Sec. Sec. 3.3, 4, 5.2, 5.4, 5.5
    proceedings, Sec. Sec. 5, 5.2, 5.4
    recess prior to joint session declared under (now) clause 12(a) of 
        Rule I, Sec. Sec. 5.1, 5.2
    referral of message to Committee of the Whole, Sec. Sec. 3.2, 3.3, 
        5.2, 5.4, 5.5
    time of presentation, Sec. 5
    writing, may be submitted in, Sec. Sec. 3.3, 4, 5.4-5.6
    written message preceding or accompanying address, Sec. Sec. 5.4, 
        5.5
Statutory provisions governing dates for submission, Sec. 1
Tennessee Valley Authority, removal of chairman of board of, Sec. 1.6
Terrorist attack, address concerning, see Joint session
Unfinished business, reading and referral of Presidential message may 
    precede consideration of, Sec. 3.17
Verbal communication from President
    adjourn, notification by House of intent to, President's 
        acknowledgement of, Sec. 1.9
    House, President addressed, on matter not relating to pending 
        legislation, Sec. 2.14
    request by President to address House on pending legislation was 
        declined, Sec. 2.14

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    veto message was delivered to joint session (see also Veto), 
        Sec. 4.4
Veto
    adjournment, veto message received during, Sec. Sec. 2.5, 2.8
    constitutional considerations relating to procedure whereby 
        President delivered veto message to joint session, Sec. 4.4
    joint session, President delivered veto message to, Sec. 4.4
    pocket veto precluded where arrangements made for receipt of 
        messages during adjournment, Sec. 2.5
Vice President, nomination to fill vacancy in office of
    Ford, Representative Gerald R., Sec. 3.18
    message, by written, Sec. 3.18
    privileged, discussion of resolution confirming nomination as not, 
        Sec. 3.18
    procedure in House, Sec. Sec. 3.18, 3.19
    Rockefeller, Nelson A., Sec. 3.19
    Senate action, timing of notification of House as to, Sec. 3.18
Visits to Congress, informal, by President, Sec. 1.10
Vote, messages received pending
    completed, pending business was, before message was laid before 
        House, Sec. 2.4
Writing, presidential messages submitted in
    enrolled bill, advising House of loss of, Sec. 2.13
    military operations, intention to abide by law requiring cessation 
        of, Sec. 2
    nomination of person for appointment to office of Vice President, 
        Sec. 3.18
    reorganization plans, Sec. 2
    war, declaration of, by another country against United States, 
        Sec. 2
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