[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 24. Bills, Resolutions, and Memorials]
[A. Introductory; Various Types of Bills, Resolutions, and Other Mechanisms for Action]
[§ 5. Concurrent Resolutions]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 4801-4821]
CHAPTER 24
Bills, Resolutions, Petitions, and Memorials
A. INTRODUCTORY; VARIOUS TYPES OF BILLS, RESOLUTIONS, AND OTHER
MECHANISMS FOR ACTION
Sec. 5. Concurrent Resolutions
Concurrent resolutions are used as a means by which the two Houses
may concurrently express certain facts, or declare certain principles,
opinions, or purposes. A concurrent resolution is binding on neither
House until agreed to by both. They are not used in the adoption of
general legislation. Concurrent resolutions are used in the adoption of
joint rules, setting up joint committees, expressing the sense of
Congress on propositions,(3) and in recent years as vehicles
by which both Houses are permitted to approve or disapprove of certain
executive actions, pursuant to laws containing mechanisms for such
procedures (see House Rules and Manual, 97th Congress, ``Congressional
Disapproval'' provisions contained in public laws).
---------------------------------------------------------------------------
3. Procedure in the U.S. House of Representatives (97th Cong.) Ch. 24
Sec. 1.3.
---------------------------------------------------------------------------
The important practical consideration to be kept in mind in
distinguishing joint and concurrent resolutions, in the current usage,
is that only the former must be submitted to the President for his
approval before taking effect. A concurrent resolution does not involve
an exercise of the legislative
[[Page 4802]]
power under article I of the Constitution in which the President must
participate. The following language is found in article I, section 7,
clause 3, of the Constitution:
Every Order, Resolution, or Vote, to which the Concurrence of
the Senate and House of Representatives may be necessary (except on
a question of Adjournment) shall be presented to the President of
the United States; and before the Same shall take Effect, shall be
approved by him.
Since the passage of a concurrent resolution requires the
concurrence of both Houses, it is possible to argue, on the basis of
this language, that a concurrent resolution also requires submission to
the President for his approval. However, the Congress has never
accepted this literal interpretation. In 1897 the Committee on the
Judiciary of the Senate issued a report on the nature of the concurrent
resolution.(4) The committee found that:
---------------------------------------------------------------------------
4. Senate Committee on the Judiciary, Inquiry in Regard to River and
Harbor Act, S. Rept. No. 1335, 54th Cong. 2d Sess. (1897); 4
Hinds' Precedents Sec. 3483.
---------------------------------------------------------------------------
. . . [T]he Constitution looks beyond the mere form of a
resolution in determining whether it should be presented to the
President, and looks rather to the subject-matter of the resolution
itself to ascertain whether it is one ``to which the concurrence of
the Senate and House of Representatives may be necessary.''
The Constitution prescribes no definite form in which
legislation shall be framed. The manner by which the legislative
will may be expressed seems to be left to the discretion of
Congress, except that section 7 (article I) seems to imply that it
is to be done by bill, as it expressly provides that ``every bill
which shall have passed the House of Representatives and the Senate
shall, before it becomes a law, be presented to the President of
the United States'' (subdivision 2); and it is also to be implied
from the provisions of subdivision 3 (article 1, sec. 7) that it
may be done by ``order, resolution, or vote,'' and in that case it
must be presented to the President as ``in the case of a bill.''
. . . [N]o ``order, resolution, or vote'' need be presented to
the President unless its subject-matter is legislation to which the
Constitution expressly requires in the first instance the assent of
both Houses, matter to which such assent is constitutionally
necessary. In other words, the phrase ``to which the concurrence .
. . may be necessary'' should be held to refer to the
``concurrence'' made ``necessary'' by the other provisions of the
Constitution and not to the mere form of the procedure; so that no
mere resolution, joint, concurrent, or otherwise, need be presented
to the President for his approval unless it relates to matter of
legislation to which the Constitution requires the concurrence of
both Houses of Congress and the approval of the President--in other
words, unless such Congressional action be the exercise of
``legislative powers'' vested in Congress under the provisions of
section 1, article I.
[[Page 4803]]
-------------------
Use of Concurrent Resolution
Sec. 5.1 Concurrent resolutions are not used in practice to enact
legislation; but if they are so used, the approval of the President
would be required.
On July 19, 1945,(5) the following memorandum was
prepared and inserted in the Record by Senator Abe Murdock, of Utah:
---------------------------------------------------------------------------
5. 91 Cong. Rec. 7809, 7810, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Memorandum on Concurrent Resolutions
Article I, section 7, subdivision 3 of the Constitution of the
United States provides:
``Every order, resolution, or vote, to which the concurrence of
the Senate and the House of Representatives may be necessary
(except on a question of adjournment) shall be presented to the
President of the United States.''
While this constitutional provision would seem literally to
require that every concurrent resolution be submitted to the
President, the Senate Committee on the Judiciary has indicated that
a somewhat more liberal reading of the constitutional provision may
be warranted. Senate Report No. 1335, Fifty-fourth Congress, second
session, was submitted pursuant to a resolution of the Senate which
directed the Judiciary Committee to inquire, among other things, as
to whether concurrent resolutions generally are required to be
submitted to the President of the United States.
On the subject of concurrent resolutions, the committee report
may be summarized as follows: Concurrent resolutions, except in a
few early instances in which the resolution was neither designated
as concurrent or joint, have not been used for the purposes of
enacting legislation but to express the sense of Congress upon a
given subject, to adjourn longer than 3 days, to make, amend, or
suspend joint rules, and to accomplish similar purposes, in which
both Houses have a common interest, but with which the President
has no concern. They have never embraced legislative provisions
proper, and hence have never been deemed to require Executive
approval. While resolutions, other than joint resolutions, may
conceivably embrace legislation, if they do so they require the
approval of the President. But Revised Statutes, Second Edition,
1878, page 2, sections 7 and 8, prescribe the form of bills and
joint resolutions, and it may properly be inferred that Congress
did not intend or contemplate that any legislation should
thereafter be enacted except by bill or joint resolution. That is a
fair inference, because Congress provided no form for legislation
by concurring resolution. Moreover, the rules of the respective
Houses treat bills and joint resolutions alike, and do not
contemplate that legislation shall be enacted in any other form or
manner.
In substance, it was the conclusion of the committee that
concurrent resolutions were, as a matter of congressional practice,
never used to enact legislation, but that if they were so used the
approval of the President would be required. The committee report
concludes that--
``Whether concurrent resolutions are required to be submitted
to the Presi
[[Page 4804]]
dent of the United States'' must depend not upon their mere form
but upon the fact whether they contain matter which is properly to
be regarded as legislative in its character and effect. If they do,
they must be presented for his approval; otherwise, they need not
be. In other words, we hold that the clause in the Constitution
which declares that every order, resolution, or vote must be
presented to the President, to ``which the concurrence of the
Senate and House of Representatives may be necessary,'' refers to
the necessity occasioned by the requirement of the other provisions
of the Constitution whereby every exercise of ``legislative power''
involves the concurrence of the two Houses; and every resolution
not so requiring two concurrent actions, to wit, not involving the
exercise of legislative powers, need not be presented to the
President. In brief, the nature or substance of the resolution, and
not its form, controls the question of its disposition.''
Cannon's Precedents of the House of Representatives, volume
VII, section 1045, states that a ``concurrent resolution'' is not
used in conveying title to Government property. His authority for
this statement is that on January 15, 1923, a concurrent resolution
declining a devise of land to be used as a national park was
considered and agreed to with the following amendment:
Insert: ``Resolved by the Senate and the House of
Representatives of the United States of America in Congress
assembled'' in lieu of ``the Senate (the House of Representatives
concurring).'' (64 Congressional Record 1773.)
In section 1037 of volume VII, Cannon states that ``a
concurrent resolution is without force and effect beyond the
confines of the Capitol.'' In addition, in section 1084, Cannon
states that on June 1, 1920, the Senate was considering the
concurrent resolution respectfully declining to grant to the
Executive the power to accept a mandate over Armenia, as requested
in the message of the President, when Mr. Hitchcock, of Nebraska,
offered an amendment empowering the President to appoint American
members of a joint commission to supervise certain fiscal relations
of Armenia. Mr. Henry Cabot Lodge, of Massachusetts, presented a
point of order to the effect that this was a concurrent resolution,
that concurrent resolutions did not go to the President, but that
since the proposed amendment was legislation requiring the assent
of the President it would not be in order on a resolution which
does not go to the President. Thomas R. Marshall, Vice President of
the United States, said that so far as he was aware there was no
opinion of the Supreme Court to the effect that a concurrent
resolution need not go to the President, and consequently overruled
the point of order which had been made against it.
In response to an inquiry from the Secretary of the Interior.
Attorney General Caleb Cushing, on August 23, 1854, rendered an
opinion in which he held that a declaratory resolution of either
House of Congress is not obligatory against the judgment of the
Executive. He characterized the contrary view as follows:
``According to the letter of the Constitution, resolutions of
the two Houses, even a joint resolution, when submitted to the
President and disapproved by him, do not acquire the
[[Page 4805]]
force of law until passed anew by a concurrent vote of two-thirds
of each House. On the present hypothesis, the better way would be
not to present the resolution to the President at all, and then to
call on him to accept it as law, with closed eyes, and, however
against law he may know it to be, yet to execute it out of
deference to the assumed opinion of Congress.
``In the second place, the hypothesis puts an end to all the
forms of legislative scrutiny on the part of Congress. A
declaratory law, especially if it involve the expenditure of the
public treasure, has forms of legislation to go through to insure
due consideration. All these time-honored means of securing right
legislation will pass into desuetude, if the simple acceptance of a
resolution, reported by a committee, is to be received as a
constitutional enactment, obligatory on all concerned, including
the Executive.
``In this way, instead of the revenues of the Government being
subject only to the disposition of Congress in the form of a law
constitutionally enacted, they will be transferred to the control
of an accidential majority, expressing its will by a resolution,
passed, it may be, out of time, and under circumstances, in which a
law, duly and truly representing the will of Congress, could not
have passed. And thus, all those checks and guards against the
inconsiderate appropriation of the public treasure, so carefully
devised by the founders of the Government, will be struck out of
the Constitution.'' (6 Op. Attorney General 694.)
With specific reference to the authority of Congress to declare
by resolution, without presentation to the President, the meaning
of an existing law, the Attorney General stated (idem, p. 694):
``A mere vote of either or of both Houses of Congress,
declaring its opinion of the proper construction of a general law,
has, be it repeated, in itself, no constitutional force or
obligation as law. It is opinion merely, and to be dealt with as
such, receiving more or less of deference, like other mere
opinions, according to the circumstances.''
Establishing Joint Committees
Sec. 5.2 The House adopted a concurrent resolution, establishing a
Joint Committee on the Organization of the Congress, reported by
the House Committee on Rules.
On Mar. 3, 1965,(6) the Committee on Rules of the House
of Representatives reported the following privileged resolution (H.
Con. Res. 4):
---------------------------------------------------------------------------
6. 111 Cong. Rec. 3995, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That there is hereby established a Joint Committee on
the Organization of the Congress (hereinafter referred to as the
committee) to be composed of six Members of the Senate (not more
than three of whom shall be members of the majority party) to be
appointed by the President of the Senate, and six Members of the
House of Representatives (not more than three of whom shall be
members of the majority party) to be appointed by the Speaker of
the House
[[Page 4806]]
of Representatives. The committee shall select a chairman and a
vice chairman from among its members. No recommendation shall be
made by the committee except upon a majority vote of the members
representing each House, taken separately.
Sec. 2. The committee shall make a full and complete study of
the organization and operation of the Congress of the United States
and shall recommend improvements in such organization and operation
with a view toward strengthening the Congress, simplifying its
operations, improving its relationship with other branches of the
United States Government, and enabling it better to meet its
responsibilities under the Constitution . . .
(d) The committee shall report from time to time to the Senate
and the House of Representatives the results of its study, together
with its recommendations, the first report being made not later
than one hundred and twenty days after the effective date of this
concurrent resolution. If the Senate, the House of Representatives,
or both, are in recess or have adjourned, the report shall be made
to the Secretary of the Senate or the Clerk of the House of
Representatives, or both, as the case may be. All reports and
findings of the committee shall, when received, be referred to the
Committee on Rules and Administration of the Senate and the
appropriate committees of the House.(7)
---------------------------------------------------------------------------
7. On Mar. 11, 1965 (Id. at pp. 4768-80) following the passage of H.
Con. Res. 4, S. Con. Res. 2 (an identical resolution) was taken
from the Speaker's table and agreed to. The language of this
concurrent resolution was similar to that employed in the 79th
Congress in setting up a joint committee to study a proposal
which resulted in the Legislative Reorganization Act of 1946.
See H. Con. Res. 18, 79th Cong., H. Jour. pp. 80, 137, 79th
Cong. 1st Sess.
---------------------------------------------------------------------------
Sec. 5.3 The Joint Committee on Hawaii was created by a concurrent
resolution.
On Aug. 21, 1937,(8) the House agreed to the following
concurrent resolution (S. Con. Res. 18):
---------------------------------------------------------------------------
8. 81 Cong. Rec. 9624, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That there is hereby created a joint congressional
committee to be known as the Joint Committee on Hawaii, which shall
be composed of not to exceed 12 Members of the Senate, to be
appointed by the President of the Senate, and not to exceed 12
Members of the House of Representatives and the Delegate from
Hawaii, to be appointed by the Speaker of the House of
Representatives. The committee shall select a chairman from among
its members. The committee shall cease to exist upon making its
report to Congress pursuant to this resolution.
Sec. 2. The committee is authorized and directed to conduct a
comprehensive investigation and study of the subject of statehood
and of other subjects relating to the welfare of the Territory of
Hawaii. The committee shall report to the Senate and to the House
of Representatives not later than January 15, 1938, the results of
its investigation and study, together with its rec
[[Page 4807]]
ommendations for such legislation as it deems necessary or
desirable.
Sec. 3. For the purpose of this resolution, the committee is
authorized to sit and act, as a whole or by subcommittee, at such
times and places as it deems advisable, to hold such hearings, to
administer such oaths and affirmations, to take such testimony, and
to have such printing and binding done as it deems necessary.
Sec. 5.4 A concurrent resolution is used to provide for the appointment
of a joint committee for the inauguration of the President-elect.
On May 5, 1948,(9) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 48):
---------------------------------------------------------------------------
9. 94 Cong. Rec. 5321, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That a joint committee consisting of three Senators
and three Representatives, to be appointed by the President pro
tempore of the Senate and the Speaker of the House of
Representatives, respectively, is authorized to make the necessary
arrangements for the inauguration of the President-elect of the
United States on the 20th day of January 1949.
Sec. 5.5 A concurrent resolution provided for the appointment of a
joint committee to formulate plans for the commemoration of the
anniversary of the death of General Lafayette.
On Feb. 2, 1934,(10) the House considered and passed the
following concurrent resoluton (H. Con. Res. 26):
---------------------------------------------------------------------------
10. 78 Cong. Rec. 1889, 73d Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That there is hereby established a special joint
congressional committee to be composed of five members of the
Senate to be appointed by the President of the Senate and five
members of the House of Representatives, to be appointed by the
Speaker of the House of Representatives, which shall make
appropriate arrangements for the commemoration of the one-hundredth
anniversary of the death of General Lafayette, occurring on May 20,
1934.
Authorizing Hearings
Sec. 5.6 The Joint Committee on Washington Metropolitan Problems was
authorized, by concurrent resolution, to hold hearings and report
to the Committee on the District of Columbia of the Senate and
House on two bills ``to aid in the development of an integrated
system of transportation for the National Capital region.''
On Apr. 21, 1960,(11) the House considered and agreed to
the fol
---------------------------------------------------------------------------
11. 106 Cong. Rec. 8546, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
[[Page 4808]]
lowing concurrent resolution (S. Con. Res. 101) from consideration of
which the Rules Committee had been discharged:
Resolved by the Senate (the House of Representatives
concurring), That the Joint Committee on Washington Metropolitan
Problems, created by House Concurrent Resolution 172, agreed to
August 29, 1957 [and extended by S. Con. Res. 2 in the 86th
Congress], is hereby authorized to hold public hearings on the
bills S. 3193 and H.R. 11135, and to furnish transcripts of such
hearings, and make such recommendations as it sees fit, to the
Committees on the District of Columbia of the Senate and House of
Representatives, respectively.
Additional Committee Funds
Sec. 5.7 The House agreed to a concurrent resolution providing
additional funds for the Joint Committee on the Organization of the
Congress.
On Jan. 27, 1966,(12) the House agreed to the following
concurrent resolution (S. Con. Res. 69) which had been called up for
consideration pursuant to a unanimous-consent request by Mr. Ray J.
Madden, of Indiana:
---------------------------------------------------------------------------
12. 112 Cong. Rec. 1341, 89th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the Joint Committee on the Organization of the
Congress, established by Senate Concurrent Resolution 2, Eighty-
ninth Congress, agreed to March 11, 1965, is hereby authorized,
from February 1, 1966, through December 31, 1966, to expend not to
exceed $140,000 from the contingent fund of the Senate upon
vouchers approved by the chairman of the joint committee.
Adjournments
Sec. 5.8 The House agreed to a Senate concurrent resolution providing
for sine die adjournment of Congress.
On Nov. 21, 1929,(13) the House considered and agreed to
the following privileged Senate concurrent resolution (S. Con. Res.
19):
---------------------------------------------------------------------------
13. 71 Cong. Rec. 5916, 71st Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the President of the Senate and the Speaker of
the House of Representatives be authorized to close the present
session of the Congress by adjourning their respective Houses on
Friday, November 22, 1929, at the following hours, namely: the
Senate at the hour of 10 o'clock p.m., and the House at such hour
as it may by order provide.
Sec. 5.9 The House passed a concurrent resolution providing for
adjournment sine die and giving the consent of the House to an
adjournment sine die of the Senate at any time prior to Dec. 25,
1954.
[[Page 4809]]
On Aug. 20, 1954,(14) the House considered and agreed to
a Senate amendment to a concurrent resolution (H. Con. Res. 266):
---------------------------------------------------------------------------
14. 100 Cong. Rec. 15554, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Strike out all after the enacting clause and insert ``That the
House of Representatives shall adjourn on August 20, 1954, and that
when it adjourns on said day, it stand adjourned sine die.
``Resolved further, That the consent of the House of
Representatives is hereby given to an adjournment sine die of the
Senate at any time prior to December 25, 1954, when the Senate
shall so determine; and that the Senate, in the meantime may
adjourn or recess for such periods in excess of 3 days as it may
determine.''
Sec. 5.10 Adjournments of more than three days have been effected
pursuant to concurrent resolution.
On June 22, 1940,(15) the House adopted the following
privileged concurrent resolution (H. Con. Res. 83):
---------------------------------------------------------------------------
15. 86 Cong. Rec. 9085, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That when the two Houses adjourn on Saturday, June 22,
1940, they stand adjourned until 12 o'clock meridian, Monday, July
21, 1940.
Sec. 5.11 The House adopted a concurrent resolution providing that the
House adjourn from July 21 to Oct. 8, 1945, and consenting to a
Senate adjournment during the month of August or September until
Oct. 8, 1945; the resolution also made provision for the earlier
reassembling of the two Houses by the leadership if legislative
expediency should so warrant.
On July 18, 1945,(16) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 68):
---------------------------------------------------------------------------
16. 91 Cong. Rec. 7733, 7734, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on Saturday, July 21,
1945, it stand adjourned until 12 o'clock meridian on Monday,
October 8, 1945, or until 12 o'clock meridian on the third day
after Members are notified to reassemble in accordance with section
3 of this concurrent resolution, whichever occurs first.
Sec. 2. That the consent of the House of Representatives is
hereby given to an adjournment of the Senate at any time during the
month of August or September, 1945, until 12 o'clock meridian on
Monday, October 8, 1945, or until 12 o'clock meridian on the third
day after Members are notified to reassemble in accordance with
section 3 of this concurrent resolution, whichever occurs first.
Sec. 3. The President pro tempore of the Senate and the Speaker
of the
[[Page 4810]]
House of Representatives shall notify the Members of the Senate and
the House, respectively, to reassemble whenever in their opinion
legislative expediency shall warrant it or when-ever the majority
leader of the Senate and the majority leader of the House, acting
jointly, or the minority leader of the Senate and the minority
leader of the House, acting jointly, file a written request with
the Secretary of the Senate and the Clerk of the House that the
Congress reassemble for the consideration of legislation.
Changing Text Agreed to by Both Houses
Sec. 5.12 Changes in the text of a joint resolution agreed to by the
two Houses (but not yet sent to the President) may be made by
concurrent resolution, called up by unanimous consent, which
directs the Clerk to make corrections in the enrollment of the
joint resolution.
On Feb. 1, 1937,(17) the House was considering a Senate
amendment to a joint resolution (H.J. Res. 81) creating a Joint
Committee on Government Organization which had passed both the House
and the Senate. Mr. John E. Rankin, of Mississippi, offered an
amendment to the Senate amendment, but the Speaker (18)
ruled it out of order because it amended language in the resolution to
which both Houses had already agreed. The Speaker then indicated that
the proposed change could be effected by concurrent resolution:
(19)
---------------------------------------------------------------------------
17. 81 Cong. Rec. 646-48, 75th Cong. 1st Sess.
18. William B. Bankhead (Ala.).
19. See 7 Cannon's Precedents Sec. Sec. 1041, 1042 for instances in
which concurrent resolutions were used to amend bills agreed to
by both Houses.
---------------------------------------------------------------------------
Mr. [Claude A.] Fuller [of Arkansas]: Mr. Speaker, a
parliamentary inquiry.
The Speaker: The gentleman will state it.
Mr. Fuller: Cannot that be amended by unanimous consent?
The Speaker: The only way under the rules of the House by which
this situation could be changed would be by a concurrent
resolution, agreed to by both Houses, changing the text of the
matter already passed upon by the House and accepted by the Senate.
Sec. 5.13 Items in an appropriation bill which were not in disagreement
between the two Houses, and hence not committed to the conferees,
were changed through adoption of a concurrent resolution called up
unanimous consent.
On July 23, 1962,(20) the House adopted a concurrent
resolution (H. Con. Res. 505) ordering the
---------------------------------------------------------------------------
20. 108 Cong. Rec. 14400, 14403, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
[[Page 4811]]
Clerk of the House to make certain changes in the enrollment of a bill
(H.R. 11038) making supplemental appropriations for the fiscal year
1962. Mr. Albert Thomas, of Texas, asked unanimous consent that further
reading of the resolution be dispensed with so that he could explain
the purpose of the resolution. The proceedings were as follows:
Second Supplemental Appropriation Bill, 1962
Mr. Thomas: Mr. Speaker, pursuant to the unanimous agreement of
last Friday,(21) I call up for consideration a House
concurrent resolution.
---------------------------------------------------------------------------
21. See 108 Cong. Rec. 14364, 87th Cong. 2d Sess., July 20, 1962, for
the unanimous-consent request ``to consider on Monday next a
concurrent resolution in connection with . . . H.R. 11038.''
---------------------------------------------------------------------------
The Clerk read as follows:
H. Con. Res. 505
Resolved by the House of Representatives (the Senate
concurring), That the Clerk of the House of Representatives be
authorized and directed in the enrollment of the bill H.R.
11038 to make the following changes in the engrossed House
bill:
(1) Page 2, strike out lines 13 to 16 inclusive. . . .
(28) Page 14, strike out lines 4 to 7, inclusive.
(29) Page 14, strike out lines 17 to 21, inclusive.
Mr. Thomas (interrupting reading of the House concurrent
resolution): Mr. Speaker, I ask unanimous consent that further
reading of the resolution be dispensed with. I shall attempt to
explain what it is.
The Speaker:(22) Is there objection to the request
of the gentleman from Texas?
---------------------------------------------------------------------------
22. Sam Rayburn (Tex.).
---------------------------------------------------------------------------
There was no objection.
Mr. Thomas: Mr. Speaker, it will be recalled this deals with
what we call the second supplemental appropriation bill for 1962.
When the supplemental left the House it had 55 items carrying about
$447 million, which was a reduction, in round figures, of $100
million under the budget, a reduction of about 20 percent.
It went to the other body and that body added some 29 items,
increasing the amount over the House by $112 million, which made a
round figure of about $560 million.
We bring to you two items, one a concurrent resolution and the
other a conference report. First, why the concurrent resolution? We
put in the concurrent resolution some 29 items which were
originally in the supplemental, but those 29 items are a
reduction--follow me now--below the figure that was in the
supplemental when it left the House and the figure when it left the
Senate.
It is a complete reduction and a change. It is in the
concurrent resolution because it could not be in the conference
report, and the reason it could not be in the conference report is
because it is a reduction in those amounts. . . .
The previous question was ordered.
The Speaker: The question is on the resolution.
[[Page 4812]]
The concurrent resolution was agreed to.(1)
---------------------------------------------------------------------------
1. Parliamentarian's Note: The second supplemental appropriation bill,
H.R. 11038, was passed by the House on Mar. 30, and by the
Senate, amended, on Apr. 6, 1962. The conference report was not
filed until July 20. Since fiscal year 1962 expired on June 30,
there was no longer a need for some of the funds carried in the
bill when it passed the two Houses. To eliminate the sums no
longer required, but not in disagreement, the concurrent
resolution was agreed to.
---------------------------------------------------------------------------
Rescinding Passage of Bill
Sec. 5.14 The House agreed to a concurrent resolution rescinding the
action of the two Houses in connection with the passage of a
private bill and providing that the bill be postponed indefinitely.
On Feb. 7, 1952,(2) the House by unanimous consent
considered and agreed to the following concurrent resolution (S. Con.
Res. 88):
---------------------------------------------------------------------------
2. 98 Cong. Rec. 934, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the action of the two Houses in connection with
the passage of the bill (S. 1236) for the relief of Kim Song Nore
be rescinded, and that the said bill be postponed indefinitely.
Rescinding Resolution of Adjournment
Sec. 5.15 A concurrent resolution was submitted proposing to rescind a
concurrent resolution adjourning the House to a day certain.
On Aug. 23, 1951,(3) Mr. John E. Rankin, of Mississippi,
offered a resolution (H. Con. Res. 152):
---------------------------------------------------------------------------
3. 97 Cong. Rec. 10586, 82d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That House Concurrent Resolution 151, Eighty-second
Congress, is hereby repealed.
Mr. J. Percy Priest, of Tennessee, then interjected a motion that
the House adjourn, and that motion was considered and agreed to (the
motion to adjourn taking precedence over a concurrent resolution
proposing to rescind a concurrent resolution adjourning the House to a
day certain). Thereupon the House adjourned until Sept. 12, 1951, in
accordance with the terms of House Concurrent Resolution 151.
Authorization to Conference Managers
Sec. 5.16 By concurrent resolution, the managers of a conference may be
authorized to
[[Page 4813]]
consider amendments inadvertently omitted from the official papers.
On July 20, 1956,(4) Mr. Clair Engle, of California,
asked unanimous consent for the immediate consideration of the
concurrent resolution (S. Con. Res. 86) authorizing the conferees on
H.R. 1774, abolishing the Verendrye National Monument, North Dakota, to
consider certain Senate amendments that were inadvertently omitted from
the official papers and not originally disagreed to by the House.
---------------------------------------------------------------------------
4. 102 Cong. Rec. 13724, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
The resolution was as follows:
Resolved by the Senate (the House of Representatives
concurring), That the conferees on H.R. 1774, in addition to the
Senate amendments already pending before them, be authorized to
consider the following amendments:
``(3) Page 1, line 6, strike out all after `permits' down to
and including `site' in line 8.
``(4) Page 1, strike out all after line 8 over to and including
line 5 on page 2.''
There was no objection, and the concurrent resolution was agreed
to.
Amending Conference Report
Sec. 5.17 The House agreed to a concurrent resolution amending a
conference report that had been agreed to by the two Houses.
On Feb. 27, 1931,(5) the House by unanimous consent
considered and agreed to the following concurrent resolution (H. Con.
Res. 52):
---------------------------------------------------------------------------
5. 74 Cong. Rec. 6279, 6280, 71st Cong. 3d Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That the report of the Committee of Conference on the
disagreeing votes of the two Houses on the bill of the House (H.R.
980) entitled ``An Act to permit the United States to be made a
party defendant in certain cases,'' heretofore agreed to by the two
Houses be amended by adding at the end of the amendment agreed to
in the report the following new section:
Sec. 7. This act shall not apply to any lien of the United
States held by it for its benefit under the Federal Reclamation
laws.
Rescinding Appointment of Conferees
Sec. 5.18 The House agreed to a concurrent resolution of the Senate
rescinding the action of the two Houses in appointing conferees and
providing for the return of the bill to the Senate for further
amendment.
On May 20, 1940,(6) the House, by unanimous consent,
agreed to
---------------------------------------------------------------------------
6. 86 Cong. Rec. 6463, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
[[Page 4814]]
the following concurrent resolution (S. Con. Res. 47):
Resolved by the Senate (the House of Representatives
concurring), That the action of the two Houses, respectively, with
reference to the appointment of conferees on the bill (H.R. 8438)
making appropriations for the Navy Department and the naval service
for the fiscal year ending June 30, 1941, and for other purposes,
be, and it is hereby, rescinded; and that the bill, with the
accompanying papers, be returned to the Senate.
Providing for Joint Session
Sec. 5.19 A joint session to receive a communication from the President
is provided for by concurrent resolution.
On Jan. 3, 1935,(7) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 1):
---------------------------------------------------------------------------
7. 79 Cong. Rec. 15, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
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, the 4th day of January,
1935, 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.(8)
---------------------------------------------------------------------------
8. This is the customary form for the concurrent resolution convening
a joint session to hear the President's state of the Union
message. For similar examples, see 113 Cong. Rec. 34, 35, 90th
Cong. 1st Sess, Jan. 10, 1967; 109 Cong. Rec. 23, 88th Cong.
1st Sess., Jan. 9, 1963; and 100 Cong. Rec. 8, 83d Cong. 2d
Sess., Jan. 6, 1954.
---------------------------------------------------------------------------
Sec. 5.20 The House agreed to a concurrent resolution providing for a
joint session of the two Houses to commemorate the 200th
anniversary of George Washington's birthday.
On Jan. 20, 1932,(9) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (H. Con.
Res. 12):
---------------------------------------------------------------------------
9. 75 Cong. Rec. 2342, 72d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That in commemoration of the two-hundredth anniversary
of the birth of George Washington the two Houses of Congress shall
assemble in the Hall of the House of Representatives at 11:30
o'clock a.m. on Monday, February 22, 1932.
That the President of the United States, as the Chairman of the
United States Commission for the celebration of the two-hundredth
anniversary of the birth of George Washington, is hereby invited to
address the American people in the presence of the Congress in
commemoration of the bicentennial anniversary of the birth of the
first President of the United States.
That invitations to attend the ceremony be extended to members
of the
[[Page 4815]]
cabinet, the Chief Justice and associate justices of the Supreme
Court of the United States, the Diplomatic Corps (through the
Secretary of State), the General of the Armies, the Chief of Naval
Operations, and the Major General Commandant of the Marine Corps,
and such other persons as the Joint Committee on Arrangements shall
deem proper.
Sec. 5.21 The House agreed to a concurrent resolution providing for a
joint session of the two Houses to receive a message from the
President; such session to commence immediately following the joint
session to count the electoral vote.
On Jan. 6, 1945,(10) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 2):
---------------------------------------------------------------------------
10. 91 Cong. Rec. 63, 79th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress assemble in the Hall
of the House of Representatives on Saturday, the 6th of January
1945, immediately following the counting of the electoral votes for
President and Vice President, as provided for in Senate Concurrent
Resolution 1, for the purpose of receiving such communications as
the President of the United States shall be pleased to make to
them.
The terms ``joint meeting'' and ``joint session'' have distinct
meanings. `Joint meeting' is properly used to describe joint
proceedings during recesses of the two Houses for purposes that are
usually ceremonial, while ``joint session'' refers to actual sessions
of both Houses that have some legislative purpose, or which are
prescribed by law as the count of the electoral vote (3 USC Sec. 15).
Sec. 5.22 A concurrent resolution providing for a joint session of the
House and the Senate to receive a message from the President is
privileged.
On May 20, 1935 (11) Mr. Edward T. Taylor, of Colorado,
asked for the immediate consideration of a concurrent resolution (H.
Con. Res. 22) providing for a joint session of the House and Senate to
receive a message from the President.
---------------------------------------------------------------------------
11. 79 Cong. Rec. 7838, 74th Cong. 1st Sess.
---------------------------------------------------------------------------
The Speaker: (12) The question is on the resolution.
---------------------------------------------------------------------------
12. Joseph W. Byrns (Tenn.).
---------------------------------------------------------------------------
Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, reserving the
right to object, I wish to ask a question.
The Speaker: The Chair is of the opinion that this is a
privileged resolution.
Sec. 5.23 The House agreed to a concurrent resolution pro
[[Page 4816]]
viding for a joint session of the two Houses to count the electoral
votes for President and Vice President.
On Jan. 5, 1937,(13) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 2):
---------------------------------------------------------------------------
13. 81 Cong. Rec. 14, 75th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress shall meet in the Hall
of the House of Representatives on Wednesday, the 6th day of
January 1937, at 1 o'clock p.m., pursuant to the requirements of
the Constitution and laws relating to the election of President and
Vice President of the United States, and the President of the
Senate shall be their presiding officer; that two tellers shall be
previously appointed by the President of the Senate on the part of
the Senate and two by the Speaker on the part of the House of
Representatives, to whom shall be handed, as they are opened by the
President of the Senate, all the certificates and papers purporting
to be certificates of the electoral votes, which certificates and
papers shall be opened, presented, and acted upon in the
alphabetical order of the States beginning with the letter A; and
said tellers, having then read the same in the presence and hearing
of the two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted in the manner and according to the rules by
law provided, the result of the same shall be delivered to the
President of the Senate, who shall thereupon announce the state of
the vote, which announcement shall be deemed a sufficient
declaration of the persons, if any, elected President and Vice
President of the United States, and, together with a list of the
votes, be entered on the Journals of the two Houses.
Sec. 5.24 The House agreed to a concurrent resolution providing for a
joint session to hear an address by the President of Brazil.
On May 9, 1949,(14) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 59):
---------------------------------------------------------------------------
14. 95 Cong. Rec. 5909, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
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, the 19th day of May
1949, at 12:30 o'clock p.m., for the purpose of hearing an address
by His Excellency Eurico Gaspar Dutra, President of the United
States of Brazil.
Parliamentarian's Note: This appears to have been a joint session,
but most such occasions are joint meetings which are arranged
informally by each House granting permission for a recess on the day
agreed upon without a concurrent resolution being used.
[[Page 4817]]
Legislative Budget
Sec. 5.25 A legislative budget for a fiscal year was established by
concurrent resolution.
On Feb. 27, 1948,(15) the House considered the following
concurrent resolution (S. Con Res. 42) which had been made in order for
consideration by the adoption of House Resolution 485:
---------------------------------------------------------------------------
15. 94 Cong. Rec. 1875-85, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That it is the judgment of the Congress, based upon
presently available information, that revenues during the period of
the fiscal year 1949 will approximate $47,300,000,000 and that
expenditures during such fiscal year should not exceed
$37,200,000,000, of which latter amount not more than
$26,600,000,000 would be in consequence of appropriations hereafter
made available for obligation in such fiscal year.
Providing Facilities for Prayer
Sec. 5.26 A concurrent resolution authorized the Architect of the
Capitol to make available a room, with facilities for prayer and
meditation, for the use of Members of the Senate and House.
On July 17, 1953,(16) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (H. Con.
Res. 60):
---------------------------------------------------------------------------
16. 99 Cong. Rec. 9073-76, 83d Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That the Architect of the Capitol is hereby authorized
and directed to make available a room, with facilities for prayer
and meditation, for the use of Members of the Senate and House of
Representatives. The Architect shall maintain the prayer room for
individual use rather than assemblies and he shall provide
appropriate symbols of religious unity and freedom of worship.
Attendance at Foreign Meeting
Sec. 5.27 A concurrent resolution provided for the acceptance of an
invitation to attend a meeting of the Empire Parliamentary
Association and for the appointment of certain Members to a
delegation thereto.
On June 22, 1943,(17) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 14):
---------------------------------------------------------------------------
17. 89 Cong. Rec. 6268, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the Senate and the House of Representatives
hereby accept the invitation tendered by the Speaker of the Senate
of Canada and joint-president of the Empire Parliamentary
Association, Dominion of Canada branch, to have four
[[Page 4818]]
Members of the Senate and four Members of the House of
Representatives attend a meeting to be held in Ottawa, Canada,
during the period June 26 to July 1, 1943, at which the Dominion of
Canada Branch of the Empire Parliamentary Association will be host
to a delegation from the United Kingdom Parliament and probably to
delegations from the legislative bodies of Australia, New Zealand,
and Bermuda. The President of the Senate and the Speaker of the
House of Representatives are authorized to appoint the Members of
the Senate and the Members of the House of Representatives,
respectively, to attend such meeting and are further authorized to
designate the chairmen of the delegations from each of the Houses.
The expenses incurred by the members of the delegations appointed
for the purpose of attending such meeting, which shall not exceed
$1,000 for each of the delegations, shall be reimbursed to them
from the contingent fund of the House of which they are Members,
upon the submission of vouchers approved by the chairman of the
delegation of which they are members.
Honoring Former Presidents
Sec. 5.28 A concurrent resolution may be used by the Congress to extend
birthday greetings to a former President of the United States.
On Aug. 2, 1949,(18) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (S. Con.
Res. 59):
---------------------------------------------------------------------------
18. 95 Cong. Rec. 10628, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That the Congress hereby extends to the Honorable
Herbert Hoover, our only living ex-President, its cordial birthday
greetings on his seventy-fifth birthday, and expresses its
admiration and gratitude for his devoted service to his country and
to the world; and that the Congress hereby expresses its hope that
he be spared for many more years of useful and honorable service;
and be it further
Resolved, That the Secretary of the Senate transmit a copy of
this resolution to Mr. Hoover.
Sec. 5.29 By concurrent resolution a day was set aside for appropriate
exercises in commemoration of the life, character, and public
service of former President Franklin D. Roosevelt.
On May 23, 1946,(19) the House, by unanimous consent,
considered the following concurrent resolution (H. Con. Res. 152):
---------------------------------------------------------------------------
19. 92 Cong. Rec. 5559, 79th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved, That Monday, the 1st day of July 1946, be set aside
as the day upon which there shall be held a joint session of the
Senate and the House of Representatives for appropriate exercises
in commemoration of the life, character, and public service of the
late Franklin D. Roosevelt, former President of the United States.
[[Page 4819]]
That a joint committee, to consist of three Senators and five
Members of the House of Representatives, to be appointed by the
President pro tempore of the Senate and the Speaker of the House of
Representatives, respectively, shall be named, with full power to
make all arrangements and publish a suitable program for the joint
session of Congress herein authorized, and to issue the invitations
hereinafter mentioned.
That invitations shall be extended to the President of the
United States, the members of the Cabinet, the Chief Justice and
Associate Justices of the Supreme Court of the United States, and
such other invitations shall be issued as to the said committee
shall seem best.
That all expenses incurred by the committee in the execution of
the provisions of this resolution shall be paid, one-half from the
contingent fund of the Senate and one-half from the contingent fund
of the House of Representatives.
Honoring Military Figures
Sec. 5.30 The House agreed to a concurrent resolution tendering the
thanks of Congress to General of the Army Douglas MacArthur.
On July 20, 1962,(20) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (H. Con.
Res. 347):
---------------------------------------------------------------------------
20. 108 Cong. Rec. 14329, 14330, 87th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That the thanks and appreciation of the Congress and
the American people are hereby tendered to General of the Army
Douglas MacArthur, in recognition of his outstanding devotion to
the American people, his brilliant leadership during and following
World War II, and the unsurpassed affection held for him by the
people of the Republic of the Philippines which has done so much to
strengthen the ties of friendship between the people of that nation
and the people of the United States.(1)
---------------------------------------------------------------------------
1. See also concurrent resolution commending Lt. Col. John H. Glenn,
USMC, on successfully completing the first United States manned
orbital space flight. 108 Cong. Rec. 2608, 87th Cong. 2d Sess.,
Feb. 20, 1962.
---------------------------------------------------------------------------
Sec. 5.31 The House agreed to a concurrent resolution authorizing the
use of the rotunda of the Capitol for lying-in-state ceremonies for
the body of General of the Army Douglas MacArthur.
On Apr. 6, 1964,(2) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (S. Con.
Res. 74):
---------------------------------------------------------------------------
2. 110 Cong. Rec. 6878, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring), That in recognition of the long and distinguished
service rendered by Douglas MacArthur, General of the Army of the
United States, the remains be per
[[Page 4820]]
mitted to lie in state in the rotunda of the Capitol from April 8
to April 9, 1964, and the Architect of the Capitol, under the
direction and supervision of the President pro tempore of the
Senate and the Speaker of the House of Representatives, shall take
all necessary steps for the accomplishment of that purpose.
Honoring Foreign Governments
Sec. 5.32 The House agreed to a concurrent resolution amending a
concurrent resolution providing for a joint session in
commemoration of the 50th anniversary of the liberation of Cuba.
On Apr. 14, 1948,(3) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 184):
---------------------------------------------------------------------------
3. 94 Cong. Rec. 4437, 80th Cong. 2d Sess.
---------------------------------------------------------------------------
Resolved by the House of Representatives (the Senate
concurring), That the first paragraph of House Concurrent
Resolution 139, Eightieth Congress, is hereby amended to read as
follows:
``That in commemoration of the fiftieth anniversary of the
liberation of Cuba, the two Houses of Congress shall assemble in
the Hall of the House of Representatives at 12 o'clock meridian, on
Monday, April 19, 1948.''
Sec. 5.33 The House agreed to a concurrent resolution extending the
congratulations of Congress to the Finnish Parliament on its 50th
anniversary.
On Nov. 27, 1967,(4) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 49):
---------------------------------------------------------------------------
4. 113 Cong. Rec. 33762, 33763, 90th Cong. 1st Sess.
---------------------------------------------------------------------------
Whereas the year 1967 marks the fiftieth anniversary of the
independence of Finland; and
Whereas these fifty years have been marked by close ties of
friendship and association between Finland and the United States:
Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That the Congress of the United States extends its
congratulations and best wishes to the Parliament of Finland on the
occasion of the fiftieth anniversary of the independence of Finland
and in affirmation of the affection and friendship of the people of
the United States for the people of Finland.(5)
---------------------------------------------------------------------------
5. Parliamentarian's Note: The concurrent resolution was enrolled on
parchment, signed by the Speaker and the Vice President, and
transmitted to the Secretary of State. The Secretary in turn
saw to it that the resolution was included in the next
diplomatic pouch to Finland.
---------------------------------------------------------------------------
Honoring Royalty
Sec. 5.34 The House agreed to a concurrent resolution to assemble the
House and the Senate in the rotunda to wel
[[Page 4821]]
come the King and Queen of Great Britain and appointing a joint
committee to make necessary arrangements.
On May 23, 1939,(6) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (S. Con.
Res. 17):
---------------------------------------------------------------------------
6. 84 Cong. Rec. 6032, 76th Cong. 1st Sess.
---------------------------------------------------------------------------
Resolved by the Senate (the House of Representatives
concurring). That the two Houses of Congress shall assemble in
their respective Houses on Friday, June 9, 1939, at 10:30 o'clock
antemeridian, and thereafter, in recess, the Members of each House
shall proceed informally to the rotunda of the Capitol at 11
o'clock antemeridian, for the purpose of welcoming Their Majesties
the King and Queen of Great Britain, and the members of their
party, on the occasion of their visit to the Capitol, and at the
conclusion of such ceremonies the two Houses shall reassemble in
their respective Chambers.
That a joint committee consisting of three Members of the
Senate, to be appointed by the President of the Senate, and three
Members of the House of Representatives, to be appointed by the
Speaker of the House, is hereby authorized to make the necessary
arrangements for carrying out the purpose of this concurrent
resolution.(7)
---------------------------------------------------------------------------
7. See also S. Con. Res. 20, 84 Cong. Rec. 7151, 76th Cong. 1st Sess.,
June 19, 1939, authorizing expenses from the contingent funds
of the two Houses for the reception of the King and Queen of
Great Britain in the rotunda of the Capitol.
---------------------------------------------------------------------------