[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
[107th Congress]
[House Document 106-320]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 293-296]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                           sec. xlviii--assent


[[Page 294]]

notified to the other their passage of it. Yet the notifying by message 
is a form which ought to be observed between the two Houses from motives 
of respect and good understanding. 2 Hats., 242. Were the bill to be 
withheld from being presented to the King, it would be an infringement 
of the rules of Parliament. Ib.



Sec. 572. Parliamentary law as to presenting a bill for 
the King's assent.

  The  House which has received a bill and passed it may 
present it for the King's assent, and ought to do it, though they have 
not by message



  In the House it was held that where there had been no unreasonable 
delay in transmitting an enrolled bill to the President, a resolution 
relating thereto did not present a question of privilege (III, 2601).




Sec. 573. Parliamentary law as to enrollment of 
bills.

  When a  bill has passed both Houses of Congress, the House last acting 
on it notifies its passage to the other, and delivers the bill to the 
Joint Committee on Enrollment, who sees that it is truly enrolled in 
parchment. When the bill is enrolled it is not to be written in 
paragraphs, but solidly, and all of a piece, that the blanks between the 
paragraphs may not give room for forgery. 9 Grey, 143. * * *



[[Page 295]]

not only a ``hand enrollment'' of a time-sensitive bill but also a 
parchment enrollment of the same measure, to be prepared at a later time 
for deposit in the National Archives with the original (P.L. 100-199, 
Dec. 21, 1987; P.L. 100-454, Sept. 29, 1988). Where an enrolled bill 
enacts another numbered bill by reference, that same law may require the 
Archivist to include as an appendix to that law the text of the 
referenced bill (see, e.g., 106-554). Only in a very exceptional case 
have the two Houses waived the requirement that bills shall be enrolled 
(IV, 3442). The enrolling clerk should make no change, however 
unimportant, in the text of a bill to which the House has agreed (III, 
2598); but the two Houses may by concurrent resolution authorize the 
correction of an error when enrollment is made (IV, 3446-3450), and this 
seems a better practice than earlier methods by authority of the 
Committee on Enrolled Bills (IV, 3444, 3445).



Sec. 574. Practice of the two Houses of Congress 
as to enrollment of bills.

  Formerly the  enrollment in the House and the Senate was 
in writing (IV, 3436, 3437); but in 1893 the two Houses, by concurrent 
resolution, provided that bills should be enrolled on parchment by 
printing instead of by writing, and also that the engrossment of bills 
prior to sending them to the other House for action should be in 
printing (IV, 3433), and in 1895 this concurrent resolution was approved 
by statute (IV, 3435; 1 U.S.C. 106). In the last six days of a session 
of Congress the two Houses, by concurrent resolution, may permit the 
enrolling and engrossing to be done by hand (IV, 3435, 3438; H. Con. 
Res. 436, Dec. 20, 1982, p. 32875; H. Con. Res. 375, Oct. 11, 1984, p. 
32149), and such a concurrent resolution is privileged for consideration 
in the House during the last six days of the session (see 1 U.S.C. 106 
for authority to waive ordinary printing requirements at the end of a 
session), but prior to the last six days, a joint resolution changing 
the law to permit hand enrollments is required and may be considered in 
the House by unanimous consent (Dec. 10, 1985, p. 35741) or by special 
order of business (H. Res. 580, Oct. 8, 1998, p. ----). The two Houses 
have by joint resolution authorized





Sec. 575. Signing of enrolled bills for 
presentation to the President.

  * * * It is  then put into the hands of the Clerk of 
the House to have it signed by the Speaker. The Clerk then brings it by 
way of message to the Senate to be signed by their President. The 
Secretary of the Senate returns it to the Committee of Enrollment, who 
present it to the President of the United States. * * *


  The practice of the two Houses of Congress for the signing of enrolled 
bills was formerly governed by joint rules, and has continued since 
those rules were abrogated in 1876 (IV, 3430). The bills are signed 
first by the Speaker, then by the President of the Senate (IV, 3429). By 
unanimous consent where errors are found in enrolled bills that have 
been signed, the two Houses by concurrent action may authorize the 
cancellation of the signatures and a reenrollment (IV, 3453-3459), and 
in the same way the signatures may be cancelled on a bill prematurely 
enrolled (IV, 3454).



Sec. 576. Authority of pro tempore presiding 
officers to sign enrolled bills.

  A Speaker pro  tempore elected by the House (II, 
1401), or whose designation has received the approval of the House (II, 
1404; VI, 277), signs enrolled bills (see clause 4 of rule I); but a 
Member merely called to the chair during the day (II, 1399, 1400; VI, 
276), or designated in writing by the Speaker, does not exercise this 
function (II, 1401).



[[Page 296]]

  The Senate, by rule, has empowered a presiding officer by written 
designation to sign enrolled bills (II, 1403).






Sec. 577. Presentation of enrolled bills to the 
President.

  In early  days a joint committee took enrolled bills to the President 
(IV, 3432); but in the later practice the chairman of the committee in 
each House that had responsibility for the enrollment of bills also had 
the responsibility of presenting the bills from that House, and 
submitted from his committee daily a report of the bills presented for 
entry in the Journal (IV, 3431). In the 107th Congress the 
responsibility in the House for enrolled bills was transferred from the 
Committee on House Administration to the Clerk (sec. 2(b), H. Res. 5, 
Jan. 3, 2001, p. ----). Enrolled bills pending at the close of a session 
have, at the next session of the same Congress, been ordered to be 
treated as if no adjournment had taken place (IV, 3487-3488). Enrolled 
bills signed by the presiding officers at one session have been sent to 
the President and approved at the next session of the same Congress (IV, 
3486). At the close of the 97th Congress, some enrollments were 
presented to the President, and were signed by him, after the convening 
of the 98th Congress.