[Deschler-Brown Precedents, Volume 17]
[Ch. 35. Presidential Messages & Executive Communications]
[§ 3. Referral]
[From the U.S. Government Printing Office, www.gpo.gov]
[Page 91-110]
CHAPTER 35
Presidential Messages and Executive Communications
Sec. 3. Referral
Rule XIV clause 2 provides that Presidential messages are to be
referred to the appropriate committees without debate.(1)
Accordingly, the referral of a Presidential message to the committee
having jurisdiction is usually made by order of the Speaker without
debate and without motion from the floor. However, a Presidential
message may be referred by the House itself on motion.(2) A
motion by a Member to make such a referral is privileged. Such a
referral may be to a select committee as well as to a standing
committee.(3)
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1. See House Rules and Manual Sec. 873 (2007).
2. 8 Cannon's Precedents Sec. 3348.
3. House Rules and Manual Sec. 875 (2007).
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A Presidential message may be divided for referral to more than one
committee.(4)
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4. 8 Cannon's Precedents Sec. Sec. 3348, 3349.
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Under Rule XII clause 8,(5) estimates of appropriations
and other communications from executive departments are referred by the
Speaker as provided in Rule XIV clause 2.(6)
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5. House Rules and Manual Sec. 827 (2007).
6. Id. at Sec. 873. -------------------
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Timing of Referral
Sec. 3.1 Although the Chair lays before the House a message from the
President on the day received, the House on occasion, by unanimous
consent, has directed that the referral of the message be postponed
until a later day.
On Feb. 3, 1986,(1) the referral of a comprehensive
message submitted by the President under the
[[Page 92]]
provisions of a budget law was postponed until the next day by
unanimous consent so that the Speaker could ascertain the proper
committees of jurisdiction.
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1. 132 Cong. Rec. 1347, 99th Cong. 2d Sess. For the principle that the
Chair lays a message before the House on the day received, see
Sec. 1.1, supra.
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REPORT ON ISSUANCE OF ORDER ON EMERGENCY DEFICIT CONTROL MEASURES
FOR FISCAL YEAR 1986--MESSAGE FROM THE PRESIDENT OF THE UNITED
STATES
The Speaker pro tempore laid before the House the following
message from the President of the United States; which was read.
(For message, see proceedings of the Senate of today, Monday,
February 3, 1986.)
The SPEAKER pro tempore (Mr. Mazzoli).(2) Without
objection, the Chair's referral of the President's message will be
postponed until tomorrow.
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2. Romano L. Mazzoli (KY).
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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:
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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.
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Mr. ROGAN. Mr. Speaker, I move that the message of the
President be referred to the Committee of the Whole House on the
State of the Union and ordered printed.
The motion was agreed to.
Sec. 3.3 Where the President chooses to submit a state of the Union
address in writing, rather than delivering it in person, the
message is laid before the House, read, and referred to the
Committee of the Whole House on the state of the Union.
President Richard M. Nixon, having given his Inaugural Address on
Jan. 20, 1973, decided not to make another major address so soon
thereafter.
President Nixon's state of the Union message of Feb. 5,
1973,(1) the first such message delivered in writing in many
years, was treated as follows:
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1. 119 Cong. Rec. 3206, 93d Cong. 1st Sess.
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The SPEAKER(2) laid before the House the following
message from the President of the United States; which
[[Page 93]]
was read and referred to the Committee of the Whole House on the
State of the Union[.] . . .
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2. Carl Albert (OK).
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Sec. 3.4 The President's message on the Nation's economy, delivered in
person, was, by unanimous consent, referred to the Committee of the
Whole House on the state of the Union and ordered printed.
On Sept. 9, 1971,(1) when the Members of Congress and
invited guests were seated, and President Richard M. Nixon had been
escorted to the Clerk's desk, the Speaker presented the President.
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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?
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2. Carl Albert (OK).
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There was no objection.
Sec. 3.5 In the 74th Congress, a message of the President relating to a
number of matters was referred to the Committee of the Whole House
on the state of the Union although the recommendations contained in
the message fell within the jurisdiction of several committees.
On Jan. 31, 1935,(1) Speaker Joseph W. Byrns, of
Tennessee, laid before the House the following message from the
President of the United States:
1. 79 Cong. Rec. 1327, 1328, 74th Cong. 1st Sess. For similar
referrals, see 148 Cong. Rec. 10575-77, 107th Cong. 2d Sess.,
June 18, 2002 (H. Doc. No. 107-227, legislative proposal to
create a Department of Homeland Security); 114 Cong. Rec. 3955-
61, 90th Cong. 2d Sess., Feb. 26, 1968 (H. Doc. No. 261,
message concerning the crisis in American cities).
To the Congress of the United States:
I am submitting herewith the report of the Federal Aviation
Commission appointed by me last summer by direction of the Seventy-
third Congress. The Commission has made a diligent study of the
broad subject of aviation conditions here and elsewhere and
emphasizes the excellent American progress in this new form of
transportation. The Commission has also studied problems of
national defense, of procurement policies, and of the extension of
air-
[[Page 94]]
transport services. I invite your attention to these comprehensive
surveys. . . .
The Commission further recommends the creation of a temporary
air commerce commission. In this recommendation I am unable to
concur. I believe that we should avoid the multiplication of
separate regulatory agencies in the field of transportation.
Therefore, in the interim before a permanent consolidated agency is
created or designated over transportation as a whole, a division of
the Interstate Commerce Commission can well serve the needs of air
transportation. In the granting of powers and duties by the
Congress, orderly government calls for the administration of
executive functions by those administrative departments or agencies
which have functioned satisfactorily in the past, and, on the other
hand, calls for the vesting of judicial functions in agencies
already accustomed to such powers. It is this principle that should
be followed in all of the various aspects of transportation
legislation.
Franklin D. Roosevelt.
The White House, January 31, 1935.
Before the Speaker's referral of the message, the following
occurred:
Mr. [Schuyler Otis] BLAND [of Virginia]. Mr. Speaker, before
the message is referred, I wish to make a parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. BLAND. The message relates to aviation matters that come
within the jurisdiction of the Committee on Merchant Marine, Radio,
and Fisheries. It also relates to matters that come before the
Interstate Commerce Commission. It seems to me that it is highly
objectionable that a message of this kind should be referred to one
committee.
The SPEAKER. The Chair has the idea of referring the message to
the Committee of the Whole House on the state of the Union, and
later when the bills are introduced they will be referred to the
proper committees. The message, with the accompanying papers, will
be referred to the Committee of the Whole House on the state of the
Union and ordered to be printed.(2)
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2. Before the 94th Congress, the Speaker could not divide a measure
for referral. See House Rules and Manual Sec. 816 (2007).
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Message Divided for Referral
Sec. 3.6 A message from the President has been divided for referral, on
motion by a Member, between the Committee of the Whole and the
Committee on Appropriations.
On Jan. 21, 1946,(1) at the conclusion of the reading by
the Clerk of the President's annual message, it was moved that the
message and its accompanying report be referred to the Committee of the
Whole House on the state of the Union and that the portion of the
President's message dealing with the budget be referred to the
Committee on Appropriations.
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1. 92 Cong. Rec. 165, 79th Cong. 2d Sess.
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The proceedings were as follows:
[[Page 95]]
Mr. [J. Percy] PRIEST [of Tennessee]. Mr. Speaker, I move that
the President's message and the accompanying report from the
Director of War Mobilization and Reconversion be referred to the
Committee of the Whole House on the State of the Union and ordered
to be printed, and so much of the President's message as relates to
the budget be referred to the Committee on Appropriations and
ordered to be printed.
The SPEAKER pro tempore.(2) The question is on the
motion offered by the gentleman from Tennessee.
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2. John W. McCormack (MA).
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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.
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1. 121 Cong. Rec. 1975, 1976, 94th Cong. 1st Sess.
2. Id. at p. 2253.
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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:
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3. 135 Cong. Rec. 14015, 14016, 101st Cong. 1st Sess.
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EXECUTIVE COMMUNICATIONS, ETC.
Under clause 2 of rule XIV, executive communications were taken
from the Speaker's table and referred as follows: . . .
1425. A communication from the President of the United
States, transmitting a draft of proposed legislation to amend
the Government-Wide Ethics Act of 1989 to prohibit the
acceptance of honoraria by Members of Congress (H. Doc. No.
101-80); jointly to the Committees on House Administration, the
Judiciary, and Post Office and Civil Service and ordered to be
printed.
Sec. 3.8 A comprehensive sequestration order under a budget
[[Page 97]]
law was referred to ``all standing committees'' and the Permanent
Select Committee on Intelligence, and the House gave the Speaker a
special authority to refer myriad executive communications related
to the message and to print all as part of a document in any form
he might prescribe.
On Feb. 4, 1986,(1) the President submitted a
``sequestration order'' under the Balanced Budget and Emergency Deficit
Control Act of 1985.(2)
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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.
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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?
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3. Charles Rose (NC).
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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.
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1. 123 Cong. Rec. 15910, 15915, 93d Cong. 1st Sess.
2. Before the 94th Congress, the Speaker could not refer a measure to
more than one committee. See House Rules and Manual Sec. 816
(2007).
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PRESERVATION OF THE WILDERNESS, WILDLIFE, NATURAL AND
HISTORICAL RESOURCES; EFFECTS OF POLLUTION, TOXIC CHEMICALS AND
DAMAGE CAUSED BY DEMAND FOR ENERGY--MESSAGE FROM THE PRESIDENT
OF THE UNITED STATES (H. DOC. 95-160)
The SPEAKER laid before the House the following message from
the President of the United States; which was read and referred to
the Union Calendar and ordered to be printed; and the accompanying
papers were referred to the Committee on Interior and Insular
Affairs.
To the Congress of the United States:
This message brings together a great variety of programs. It
deals not only with ways to preserve the wilderness, wildlife, and
natural and historical resources which are a beautiful and valued
part of America's national heritage: it deals also with the effects
of pollution, toxic chemicals, and the damage caused by the demand
for energy. . . .
I am submitting new wilderness proposals for:
--Arches National Park, Utah
--Canyon Lands National Park, Utah[.] . . .
We must identify as quickly as possible the best remaining
candidates for inclusion in the Wild and Scenic Rivers System
before they are dammed, channelized, or damaged by unwise
development along their banks. As a first step, therefore, I am
proposing legislation to add segments of eight rivers, totaling
1303 miles, to the system:
--Bruneau River, Idaho;
--Pere Marquette River, Michigan[.]
[[Page 99]]
Referral of Messages Required by Law
Sec. 3.10 Consistent with section 4 of the War Powers
Resolution,(1) requiring the President to submit reports
to Congress when United States forces are introduced into certain
hostile situations in the absence of a declaration of war,
Presidents have customarily informed Congress of such a
circumstance by an executive communication, which the Speaker
usually refers to committee pursuant to the law but sometimes lays
before the House.
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1. Pub. L. No. 93-148 (50 USC Sec. Sec. 1541 et seq.).
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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.
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2. 121 Cong. Rec. 10065, 94th Cong. 1st Sess.
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The message was laid before the House and referred as follows:
The SPEAKER laid before the House the following communication
from the President of the United States; which was read and
referred to the Committee on International Relations and ordered to
be printed:
The White House,
Washington, April 12, 1975.
The Honorable the Speaker
United States House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker: As you and other members of Congress were
advised, in view of circumstances in Cambodia, the United States
had certain contingency plans to utilize United States Armed Forces
to assure the safe evacuation of U.S. Nationals from that country.
On Friday, 11 April 1975, the Khmer Communists forces had ruptured
Government of the Khmer Republic (GKR) defensive lines to the
north, northwest and east of Phnom Penh and were within mortar
range of Pochentong Airfield and the outskirts of Phnom Penh. In
view of this deteriorating military situation, and on the
recommendations of the American Ambassador there, I ordered U.S.
military forces to proceed with the planned evacuation out of
consideration for the safety of U.S. citizens.
In accordance with my desire that the Congress be fully
informed on this matter, and taking note of Section 4 of the War
Powers Resolution (P.L. 93-148), I wish to report to you that the
first elements of the U.S. forces entered Cambodian airspace at
8:34 p.m. EDT on 11 April. . . .
Sincerely,
Gerald R. Ford.
In recent years the Speaker has referred a President's
communication regarding the War Powers
[[Page 100]]
Resolution and ordered it printed without laying it before the
House.(3)
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3. See, e.g., 149 Cong. Rec. 23224, 108th Cong. 1st Sess., Sept. 24,
2003 (H. Doc. No. 108-129); 137 Cong. Rec. 1909, 102d Cong. 1st
Sess., Jan. 18, 1991 (H. Doc. No. 102-30)
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Sec. 3.11 A communication from the President, who was out of the
country, in the form of a telegram (neither signed nor delivered by
messenger from the White House) transmitting a report on the
introduction of United States forces in a situation covered by the
War Powers Resolution, was referred as an executive communication
but not read to the House or printed as a House document.
On Apr. 7, 1975,(1) the following referral was made:
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1. 121 Cong. Rec. 9191, 94th Cong. 1st Sess.
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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)
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1. The Ad Hoc Committee on Energy reported H.R. 8444, the National
Energy Act, on July 27, 1977. 123 Cong. Rec. 25311, 95th Cong.
1st Sess. (H. Rept. No. 95-543).
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[[Page 101]]
On Apr. 20, 1977,(2) a joint session was convened to
receive a message from the President in person:
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2. 123 Cong. Rec. 11480-83, 95th Cong. 1st Sess.
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JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE
PROVISIONS OF HOUSE CONCURRENT RESOLUTION 196 TO HEAR AN
ADDRESS BY THE PRESIDENT OF THE UNITED STATES
The SPEAKER of the House presided. . . .
The SPEAKER.(3) Members of the Congress, I have the
high privilege and the distinct honor of presenting to you the
President of the United States. . . .
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3. Thomas P. O'Neill, Jr.
(MA). -------------------
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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:
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4. 123 Cong. Rec. 11550-56, 95th Cong. 1st Sess.
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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.
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5. Now House Rules and Manual Sec. 816 (2007).
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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:
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1. 81 Cong. Rec. 5296-307, 75th Cong. 1st Sess.
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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:
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1. 104 Cong. Rec. 1112, 85th Cong. 2d Sess.
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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.
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1. 58 Cong. Rec. 2852-54, 66th Cong. 1st Sess.
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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)
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2. Carl Albert (OK).
3. See also, e.g., 149 Cong. Rec. 25070, 108th Cong. 1st Sess., Oct.
17, 2003.
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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.
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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.
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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.
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4. See Ch. 10 Sec. 4.3, supra, and Ch. 13 Sec. 22.1, supra.
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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.
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5. 119 Cong. Rec. 38212, 93d Cong. 1st Sess.
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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)
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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.
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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.
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9. 119 Cong. Rec. 39925-27, 93d Cong. 1st Sess., Dec. 6, 1973.
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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.
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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).
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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.
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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.
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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)
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9. See also 108 Cong. Rec. 9524, 87th Cong. 2d Sess., May 31, 1962.
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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.