[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.
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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.
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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.
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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.
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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.
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1. 115 Cong. Rec. 16195, 16196, 91st Cong. 1st Sess.
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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.
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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.
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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:
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1. 115 Cong. Rec. 16182, 91st Cong. 1st Sess.
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The CHAIRMAN.(2) The Committee will rise informally
in order that the House may receive a message.
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2. Jack B. Brooks (TX) -------------------
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MESSAGE FROM THE PRESIDENT
The SPEAKER assumed the chair.
The SPEAKER.(3) The Chair will receive a
message.(4)
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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.
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The PRESIDENT. Mr. Speaker, Mr. President, my colleagues in the
Congress, our distinguished guests: I come before this special
joint session to ask the cooperation of the Congress in achieving a
great goal: a new prosperity without war and without inflation.
Following a brief recess, Rep. Hale Boggs, of Louisiana, asked
unanimous consent that the message of the President be referred:
Mr. BOGGS. Mr. Speaker, I ask unanimous consent that the
message of the President be referred to the Committee of the Whole
House on the State of the Union and ordered to be printed.
The SPEAKER.(2) Is there objection to the request of
the gentleman from Louisiana?
---------------------------------------------------------------------------
2. Carl Albert (OK).
---------------------------------------------------------------------------
There was no objection.
Sec. 3.5 In the 74th Congress, a message of the President relating to a
number of matters was referred to the Committee of the Whole House
on the state of the Union although the recommendations contained in
the message fell within the jurisdiction of several committees.
On Jan. 31, 1935,(1) Speaker Joseph W. Byrns, of
Tennessee, laid before the House the following message from the
President of the United States:
1. 79 Cong. Rec. 1327, 1328, 74th Cong. 1st Sess. For similar
referrals, see 148 Cong. Rec. 10575-77, 107th Cong. 2d Sess.,
June 18, 2002 (H. Doc. No. 107-227, legislative proposal to
create a Department of Homeland Security); 114 Cong. Rec. 3955-
61, 90th Cong. 2d Sess., Feb. 26, 1968 (H. Doc. No. 261,
message concerning the crisis in American cities).
To the Congress of the United States:
I am submitting herewith the report of the Federal Aviation
Commission appointed by me last summer by direction of the Seventy-
third Congress. The Commission has made a diligent study of the
broad subject of aviation conditions here and elsewhere and
emphasizes the excellent American progress in this new form of
transportation. The Commission has also studied problems of
national defense, of procurement policies, and of the extension of
air-
[[Page 94]]
transport services. I invite your attention to these comprehensive
surveys. . . .
The Commission further recommends the creation of a temporary
air commerce commission. In this recommendation I am unable to
concur. I believe that we should avoid the multiplication of
separate regulatory agencies in the field of transportation.
Therefore, in the interim before a permanent consolidated agency is
created or designated over transportation as a whole, a division of
the Interstate Commerce Commission can well serve the needs of air
transportation. In the granting of powers and duties by the
Congress, orderly government calls for the administration of
executive functions by those administrative departments or agencies
which have functioned satisfactorily in the past, and, on the other
hand, calls for the vesting of judicial functions in agencies
already accustomed to such powers. It is this principle that should
be followed in all of the various aspects of transportation
legislation.
Franklin D. Roosevelt.
The White House, January 31, 1935.
Before the Speaker's referral of the message, the following
occurred:
Mr. [Schuyler Otis] BLAND [of Virginia]. Mr. Speaker, before
the message is referred, I wish to make a parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. BLAND. The message relates to aviation matters that come
within the jurisdiction of the Committee on Merchant Marine, Radio,
and Fisheries. It also relates to matters that come before the
Interstate Commerce Commission. It seems to me that it is highly
objectionable that a message of this kind should be referred to one
committee.
The SPEAKER. The Chair has the idea of referring the message to
the Committee of the Whole House on the state of the Union, and
later when the bills are introduced they will be referred to the
proper committees. The message, with the accompanying papers, will
be referred to the Committee of the Whole House on the state of the
Union and ordered to be printed.(2)
---------------------------------------------------------------------------
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
[[Page 128]]
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
[[Page 129]]
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