[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 44. Reading, Passage, and Enactment]
[From the U.S. Government Publishing Office, www.gpo.gov]
CHAPTER 44
READING, PASSAGE, AND ENACTMENT
HOUSE PRACTICE
Sec. 1. In General; Stages in Passage
Sec. 2. Readings
Sec. 3. --First Reading
Sec. 4. --Second Reading
Sec. 5. --Third Reading
Sec. 6. Engrossment of House-passed Bills
Sec. 7. --Correcting Errors in Engrossment
Sec. 8. --Correcting Printing Errors; ``Star Prints''
Sec. 9. Transmittal of Bills Between the Houses
Sec. 10. Enrollment of Bills Passed by Both Houses
Sec. 11. --Certification and Signing
Sec. 12. --Corrections in Enrollment
Sec. 13. Delivery of Measures to the President
Research References
U.S. Const. art. I, Sec. 7
4 Hinds Sec. Sec. 3364-3481
7 Cannon Sec. Sec. 1027-1083
Deschler Ch 24 Sec. Sec. 11-16
Manual Sec. Sec. 104, 105, 396, 397, 497, 498, 573-577, 941-
944
Sec. 1 . In General; Stages in Passage
The various steps in the usual legislative process begin with the
introduction of a measure and include its referral to committee,
committee consideration, reporting of the measure to the House, and
consideration and debate in the House or the Committee of the Whole
(where the first and second readings occur). These matters are covered
elsewhere in this work. See Introduction and Referral; Committees;
Committees of the Whole; and Consideration and Debate.
The following checklist describes the possible steps beginning
with the ordering of the previous question on passage of a bill
through its enactment into law:
Previous question ordered on bill and all amendments to final
passage.
Note: When the previous question is ordered, debate is terminated
and the House then votes first on any pending amendment or amendments,
including any reported from the Committee of the Whole. If the
previous question is not ordered, the bill and any amendments thereto
are open to further debate and possible further amendment. See
Previous Question.
Demand for separate vote on amendments adopted in the
Committee of the Whole.
Note: A demand for a separate vote in the House on an amendment
adopted in the Committee of the Whole is in order following the
Speaker's announcement that the previous question has been ordered,
but such separate votes are not actually taken until after the House
votes on any remaining amendments en bloc. Manual Sec. 337; Deschler
Ch 27 Sec. 36.20. A Member cannot demand a separate vote on an
amendment rejected in the Committee of the Whole. Deschler Ch 27
Sec. 36.12.
Question put en gros on those amendments on which a separate
vote was not demanded.
Question put on each amendment on which a separate vote was
demanded.
Note: Votes are normally taken in the order in which the amendment
appears in the bill. However, if amendments have been considered under
a special order of business prescribing the order for their
consideration, the amendments are voted on in the order in which they
were considered in Committee of the Whole. Manual Sec. 337; see also
Amendments.
Question put on engrossment and third reading (third reading
by title only).
Note: This is normally a pro forma question. Engrossment is the
printing of the measure on special paper, and the ``third reading''
requires merely a reading of the title. Manual Sec. 941. The question
is ordinarily approved by voice vote. However, a record vote may be
ordered, and a negative vote rejects the bill. On Senate bills the
question is put on the third reading but not engrossment because such
bills are engrossed by the Senate. For engrossment generally, see
Sec. 6, infra. Any amendment to a preamble of a joint resolution
should be made after engrossment and pending the third reading. Manual
Sec. 414.
Motion to recommit offered.
Note: A Member opposed to the bill may offer a motion to recommit
the measure to committee. A Member may offer a simple motion to
recommit (which, if adopted, ends further consideration of the bill at
that time) or a motion to recommit with instructions that the
committee report the bill back to the House ``forthwith'' with an
amendment. Manual Sec. Sec. 1001, 1002. Only one proper motion may be
considered. See Refer and Recommit.
Question put on ordering the previous question on motion to
recommit.
Note: Amendments to the motion cannot be offered if the previous
question on the motion has been ordered. Manual Sec. Sec. 916, 917,
1001, 1002. This comports with the House rule giving precedence to the
motion for the previous question over the motion to amend. Manual
Sec. 911. If the previous question is rejected, and an amendment is
offered, the previous question is again moved on the amendment and the
motion (as amended).
Question put on motion to recommit (as amended or not).
Note: If recommitted with instructions, the bill is reported back
``forthwith'' with amendment(s), the amendment(s) are again put to a
vote, and the vote recurs on engrossment and third reading.
Question put on passage of bill.
Note: As a general rule, after a bill is passed there can be no
further alteration of it. The Clerk may be authorized by unanimous
consent to make technical and conforming (or even substantive) changes
in the engrossment. Manual Sec. 500.
Amendment to title of bill.
Note: An amendment to the title is not in order until after the
bill itself is passed and is not debatable. If the committee reported
the bill to the House with an amendment to the title, the amendment to
the title is adopted by unanimous consent initiated by the Chair.
Manual Sec. 922.
Motion to reconsider.
Note: The motion to reconsider may be used to revisit passage or a
step leading thereto. See Reconsideration. While a motion to
reconsider is pending, the bill cannot be sent to the Senate.
Motion or unanimous-consent request to lay the motion to
reconsider on the table.
Note: The pro forma motion or unanimous-consent request to table
the motion to reconsider is used to preclude a subsequent motion to
reconsider, and it is the accepted parliamentary mode of making the
vote in question final. In practice, the two motions often are made
simultaneously. 8 Cannon Sec. 2784. The Speaker often performs this
perfunctory role, as when declaring, after the announcement of a vote,
``without objection, a motion to reconsider is laid on the table.''
Deschler Ch 23 Sec. 34. See generally Reconsideration.
Transmittal of bill to Senate.
Note: After passage of a bill in the House, the engrossment is
attested by the Clerk of the House and transmitted to the Senate.
Consideration of bill by Senate.
Return of bill to House.
Note: If a House bill is passed by the Senate without amendment,
the Senate messages the bill back to the House, where it is enrolled
under the supervision of the Clerk. Manual Sec. 648; see Sec. 10,
infra. If a House bill is returned with amendment, such amendment is
disposed of by unanimous consent, by motion to suspend the rules, or
by a special order of business. However, a Senate amendment not
requiring consideration in the Committee of the Whole is privileged,
as is a motion to disagree to the Senate amendment and request or
agree to a conference with the Senate (if offered by direction of
relevant committees). On very rare occasions, the Speaker has referred
a bill with Senate amendments to the House committee having
jurisdiction over the Senate amendments. Manual Sec. 816. For an
explanation of House procedure for consideration of Senate amendments,
see Senate Bills; Amendments Between the Houses and Manual
Sec. Sec. 528-528d.
Formation of conference committee.
Note: If there is disagreement between the Houses regarding
amendments to a bill, a conference committee may be formed to resolve
the differences. For a discussion of conferences, see Conferences
between the Houses and Manual Sec. Sec. 530-559.
Submission of conference report.
Note: The committee of conference having met, a report embodying
their recommendation is submitted together with a joint explanatory
statement of the managers from each House.
Adoption of conference report.
Note: Approval by the House and Senate of the conference report
and mutual agreement to any amendments in disagreement constitute
final congressional approval of the bill. The two Houses act seriatim
on the report, the one agreeing to the conference normally acting
first. However, a conference report ordinarily must be acted on as a
whole; that is, either adopted or rejected in its entirety. If the
conferees disagree on certain numbered amendments, the amendments are
submitted to each Chamber individually and acted upon separately.
Every amendment must be agreed to in identical form by both Houses
before congressional action on the bill is complete. See Conferences
Between the Houses.
Enrollment of bill.
Note: A bill that is finally passed by both Houses is enrolled by
the House in which it originated; that is, it is printed on special
paper (i.e., parchment; 1 USC Sec. 107) under the supervision of an
enrolling clerk. After its accuracy has been approved by the Clerk, an
enrolled bill is presented to the House and Senate, where it is signed
by the Speaker and the President of the Senate, respectively. Manual
Sec. 648; see Sec. 10, infra.
Delivery of bill to the President for approval or veto.
Note: An enrolled bill, having been signed by the Speaker and the
President of the Senate, is delivered to the White House for
Presidential approval. The President has 10 days (excluding Sundays)
in which to sign the bill or veto it by returning it to the
originating House with any objections. The bill may also be subject to
a ``pocket veto'' if Congress, by final sine die adjournment, has
prevented its return. See Veto Procedure.
Passage of bill over Presidential veto.
Note: A veto override requires a vote of two-thirds by the yeas
and nays, a quorum being present, in each Chamber. If a vote to
override a veto succeeds in the originating House, the measure is sent
to the second House. If the veto is overridden there, the bill becomes
law without the President's signature. Manual Sec. 109.
Deposit of measure in National Archives.
Note: When an enrolled bill is signed by the President or enacted
over a veto, it becomes a public law and is sent to the National
Archives and published in Statutes at Large, an annual volume that
compiles all bills that become law. An Act passed over the President's
veto is transmitted to the Archivist by the House last acting on it.
Sec. 2 . Readings
The reading of a bill is an essential step toward its passage.
Deschler Ch 24 Sec. 11. The First Congress adopted a rule requiring
three separate and distinct readings of each bill brought before the
House. 4 Hinds Sec. 3391.
Clause 8 of rule XVI provides that a bill or joint resolution must
be read three times. The first reading is by title; the second reading
for amendment in the Committee of the Whole is by paragraph or
section; and the third reading is by title. Manual Sec. 941. The
second, or full reading, is pursuant to clause 5 of rule XVIII. The
three readings referred to in rule XVI are to be distinguished from
the procedures involved in reading a bill for amendment. See
Amendments. In practical terms a ``first reading'' in the Committee of
the Whole contemplated in rule XVIII is in full, but this reading
ordinarily is dispensed with by special order of business. The reading
for amendment by paragraphs or sections is the second actual reading
in the Committee of the Whole.
Sec. 3 . --First Reading
Under clause 8 of rule XVI, the first reading of a bill in the
House is in full. Manual Sec. 941. The first reading of a bill in the
Committee of the Whole is in full under clause 5 of rule XVIII. Manual
Sec. 978. Formerly, a bill was read the first time by title at the
time of its introduction before the House. However, since 1890 all
bills have been introduced by filing them with the Clerk (placing them
in the bill ``hopper'' at the rostrum). 4 Hinds Sec. 3391. Today, the
titles of all bills introduced are printed in the Journal and the
Congressional Record, thus fulfilling the purpose of the former first-
reading rule. Manual Sec. 942.
Sec. 4 . --Second Reading
Generally
The second reading in the Committee of the Whole is required by
clause 5 of rule XVIII. That reading is normally by paragraph or
section. Manual Sec. 980. Clause 8 of rule XVI has no provision for a
second reading in the House. Therefore, in the House, bills are
considered read a second time when they are taken up for action.
The Clerk, and not the chair of the Committee of the Whole, reads
bills the second time. Manual Sec. 428. If consideration of the bill
is not completed on the day it is called up, the bill is read by title
when it is called up on subsequent days.
Demanding a Reading in Full; Dispensing with Readings
Although clause 5(a) of rule XVIII requires a full reading of a
bill (which may be demanded by any Member) before general debate, in
practice verbatim readings are usually dispensed with by unanimous
consent, by suspension of the rules, or by special order of business.
Deschler Ch 24 Sec. 11; Deschler Ch 27 Sec. 7.1; Manual Sec. 942.
It has been held that a motion to dispense with the reading in
full is not in order. 8 Cannon Sec. Sec. 2335, 2436. The Committee of
the Whole may dispense with the reading by motion if the motion is
made privileged, as by a special order of business. Deschler Ch 24
Sec. 11.1 (note).
Measures Subject to Reading in Full
Clause 8 of rule XVI requires a reading ``in full'' only of
``bills and joint resolutions.'' However, the rule traditionally has
been extended to privileged concurrent and simple resolutions as well.
Such resolutions include adjournment resolutions, questions of
privilege, and special orders of business reported by the Committee on
Rules. See, e.g., Manual Sec. 713. A concurrent or simple resolution
called up by unanimous consent is not read in full; rather, only the
title is read. When a measure is read in full, it is the text as
originally introduced that is read. Proposed committee amendments,
including those in the nature of a substitute, are not included in
this reading. Deschler Ch 24 Sec. 11. Even when a substitute amendment
has been reported to the House, it is the introduced bill that is
read. 7 Cannon Sec. 1054.
Interruption of Reading
The reading of a bill may be interrupted by the presentation of a
matter of higher privilege, such as the reception of a message, a
question of privilege, or the arrival of the time designated for
adjournment. See 5 Hinds Sec. 6448 (reading interrupted by
presentation of conference report).
Sec. 5 . --Third Reading
The third reading of a bill under clause 8 of rule XVI is by title
only and comes after the order for engrossment and before the question
on passage of the bill is put. Manual Sec. 941. The Speaker states:
``The question is on the engrossment and third reading of the bill.''
This is a pro forma question that is routinely approved by voice vote
just before the measure itself is put to a vote. However, a record
vote may be ordered on the question of engrossment and third reading.
If the question is decided in the negative, the bill is considered
rejected. 4 Hinds Sec. 3420. If the third reading is omitted and the
bill passes, the defect can be rectified by reconsideration. 4 Hinds
Sec. 3406.
At one time a Member could demand a reading in full of the
engrossment, but this procedure was stricken from the rules in 1965.
Deschler Ch 24 Sec. 11.
Sec. 6 . Engrossment of House-passed Bills
After a bill has passed the House, the Clerk prepares a certified
copy for transmission to the Senate. This copy is the official copy of
the measure as passed by the House, and is referred to as the
engrossment. That term also refers to the process by which a bill is
engrossed; that is, printed on special paper under the supervision of
the Clerk. House-passed measures or House amendments to Senate
measures are engrossed on distinctive blue paper. The Clerk attests to
the engrossment, and the Clerk's signature gives rise to the
presumption that the bill was correctly engrossed. 4 Hinds Sec. 3428.
Senate bills and amendments are engrossed by that body on white paper
and bear the signature of the Secretary of the Senate. A limited
number of the blue and white engrossments are printed for official use
of the House and the Senate and are the prints used by conferees in
working out their agreements.
The engrossment of a House-passed bill is under the control of the
House, not of the Committee of the Whole. Thus, a unanimous-consent
request relating to the engrossment of a bill is properly made in the
House following the passage of the bill and is not in order in the
Committee of the Whole. Deschler Ch 24 Sec. 12.2. Engrossing papers
must be at the desk when a measure is under consideration, but
additional copies are not required. 111-1, June 26, 2009, pp 16698-
16700.
Sec. 7 . --Correcting Errors in Engrossment
Before Transmittal of Bill to the Senate
Before the House has messaged its legislative action to the
Senate, the House may, by unanimous consent, authorize the Clerk to
make changes in the engrossment of a House-passed bill. This procedure
may be used, for example, to direct the Clerk to correct or change the
table of contents, to amend or strike cross references, or to change
section numbers and make other technical changes. Deschler Ch 24
Sec. Sec. 12.10, 12.12. By unanimous consent the Clerk also may be
authorized to make designated substantive changes in the engrossment
of a bill passed by the House. However, the Chair may require that the
changes be read by the Clerk. 99-1, Feb. 27, 1985, p 3888; 99-1, June
27, 1985, p 17875. In one instance, the House by unanimous consent
authorized the Clerk to engross in its introduced form a bill recently
passed in an amended form under suspension of the rules. 106-2, July
27, 2000, p 16607.
The engrossment of House amendments to Senate bills that have not
been messaged to the Senate may likewise be corrected by unanimous
consent, the Clerk being directed to make the necessary change.
Deschler Ch 24 Sec. Sec. 12.8, 12.9, 12.11. Thus, in one instance, by
unanimous consent, the Clerk was authorized to correct the engrossment
of a House amendment to a Senate bill passed on the preceding day to
reflect the adoption in Committee of the Whole of an amendment that
was inadvertently not reported to the House. 94-1, May 7, 1975, p
13363. The same procedure has been used to correct the engrossment of
a House amendment to a Senate bill by deleting a provision
inadvertently included in the measure. 99-2, Oct. 9, 1986, p 30102.
After Transmittal of Bill to Senate
After a bill has been messaged to the Senate, the House must
request that the Senate return the bill for correction. The House
makes its request by resolution, which may also authorize the Clerk to
reengross the bill with specified changes. Deschler Ch 24 Sec. 12.5. A
resolution in the House requesting the return of a bill of the Senate
to correct an error made by the Clerk in preparing the engrossment of
a House amendment was treated as a question of privilege under rule
IX. Manual Sec. 565; 3 Hinds Sec. 2613.
Where both Houses have acted on the measure a concurrent
resolution may effect changes in the final enrollment. See Sec. 12,
infra.
Sec. 8 . --Correcting Printing Errors; ``Star Prints''
An engrossment may be ``star printed'' (that is, reprinted with a
star to indicate the reprinting) to rectify a typographical error made
by the Government Publishing Office (GPO). This procedure is designed
to substitute a reprinted bill and to show the exact form in which the
bill was actually passed. Deschler Ch 24 Sec. 12.1.
The star print procedure is appropriate to correct GPO printing
errors in a bill until both Houses have acted on the measure.
Thereafter, a concurrent resolution to correct an enrollment is used
to correct printing errors in a bill. Deschler Ch 24 Sec. 14.7.
Sec. 9 . Transmittal of Bills Between the Houses
A bill, having passed one House and having been engrossed and
attested, is transmitted to the other House by message. Deschler Ch 24
Sec. 12.1. One House may message to the other a request to return a
bill for the correction of errors or otherwise. Manual Sec. 565; 3
Hinds Sec. 2613; 4 Hinds Sec. Sec. 3460-3465. A request by the Senate
for the return of a bill, if alleging an error in preparation, is
treated as privileged in the House. However, if not alleging error but
rather seeking a substantive change, such a request would require
unanimous consent. Manual Sec. 565. The question is put to the House
without debate. 95-1, Aug. 3, 1977, p 26538. The House may by
unanimous consent agree to a request of the Senate for the return of a
Senate bill, even where the bill has been referred to a House
committee. 91-1, July 10, 1969, p 19095.
Sec. 10 . Enrollment of Bills Passed by Both Houses
When a bill or joint resolution has passed both Houses, the papers
are delivered to the House that originated the measure, and a final
version--called the enrolled bill--is prepared. If the bill originated
in the House, it is enrolled under the supervision of the Clerk.
Manual Sec. 648. The enrollment is printed on distinctive paper under
special supervision of the enrolling clerks of the House or the
Senate. 1 USC Sec. 107; Deschler Ch 24 Sec. 14. This printing
requirement may be waived by the enactment of a joint resolution, or,
during the last six days of the session, by the adoption of a
privileged concurrent resolution. 1 USC Sec. 106; Manual Sec. 574;
112-2, H. Con. Res. 147, Jan. 1, 2013, p__. The enrolled bill is
signed by the presiding officers of the House and the Senate and is
delivered to the President for approval. See Sec. Sec. 11-13, infra.
If approved by the President, the measure is sent to the National
Archives. 1 USC Sec. 106a.
It has been held that the validity of an enrolled bill signed by
the President cannot be questioned on account of the pendency of a
motion to reconsider, the signing of the enrolled bill by the Speaker
and Vice President being complete and unimpeachable evidence of its
passage. See Field v. Clark, 143 U.S. 649 (1892).
Sec. 11 . --Certification and Signing
Approval and Certification
A House-enrolled bill or joint resolution must be approved as to
form and accuracy by the Clerk, although this requirement on rare
occasions has been waived by unanimous consent. Manual Sec. 648; 4
Hinds Sec. 3452. In addition, House-enrolled bills are certified by
the Clerk as having originated in the House. Senate enrollments are
delivered to the House after similar examination and certification by
the Secretary of the Senate. Deschler Ch 24 Sec. 15.
Signing
Ordinarily, enrollments are signed first by the Speaker and then
by the President of the Senate. 4 Hinds Sec. 3429. In early Congresses
the Speaker could not sign an enrolled bill in the absence of a
quorum. 4 Hinds Sec. 3458. Today, under clause 4 of rule I, the
Speaker has standing authority to sign enrolled bills even if the
House is not in session; and bills passed at one session of a Congress
may be signed by the Speaker at a subsequent session of the same
Congress. Manual Sec. 624; 7 Cannon Sec. 1075. The Committee of the
Whole may rise informally without motion to enable the Speaker or
Speaker pro tempore to assume the Chair to lay an enrolled bill before
the House. Manual Sec. 625.
Signing by the Speaker Pro Tempore
A Speaker pro tempore elected by the House may sign enrolled
bills. 2 Hinds Sec. 1401. Under clause 8(b)(2) of rule I, the Speaker
may appoint a Member to act as Speaker pro tempore only to sign
enrolled bills for a specified period of time, subject to the approval
of the House. However, a Member merely called to the Chair during the
day or designated by the Speaker for a purpose other than to sign
enrolled bills, may not exercise this function. 2 Hinds
Sec. Sec. 1399, 1401; 6 Cannon Sec. 276.
Sec. 12 . --Corrections in Enrollment
Generally; Authorizing Corrections Before Enrollment
The Clerk of the House may be authorized by concurrent resolution
to make certain corrections in the enrollment of a House bill. 7
Cannon Sec. 1068. The authorizing resolution may be agreed to by one
House even before the bill to be corrected has passed the other House.
In one instance the House agreed to a concurrent resolution correcting
the enrollment of a joint resolution before the consideration of a
conference report on that measure. 99-1, Dec. 11, 1985, pp 35957,
35958.
Corrections made in this manner often involve nothing more than
spelling errors or an error in the title of a bill. However, a
concurrent resolution may authorize the Clerk to make extensive
substantive changes. Deschler Ch 24 Sec. Sec. 14.5-14.7.
Corrections in enrolled bills are normally made by the House that
originated the bill, but the concurrent resolution authorizing the
changes may originate in either House. Thus, the House may originate a
concurrent resolution directing the Secretary of the Senate to make
corrections in the enrollment of a Senate bill. Deschler Ch 24
Sec. 14.18.
Authorizing Corrections After Enrollment
The correction of a bill, even after its enrollment, may be
ordered by concurrent resolution of the two Houses. 4 Hinds Sec. 3451;
7 Cannon Sec. 1041. If the enrolled bill has not been signed by the
respective presiding officers, the resolution may simply direct the
Clerk to reenroll the bill with a correction. Deschler Ch 24
Sec. 14.14. If the enrolled bill has been so signed, the two Houses by
concurrent action may authorize the rescission or cancellation of the
signatures and a reenrollment. 4 Hinds Sec. Sec. 3453-3459; Deschler
Ch 24 Sec. 14.13; 111-2, Dec. 19, 2012, p__. In the same way,
signatures may be canceled on a bill prematurely enrolled. 4 Hinds
Sec. 3454; Deschler Ch 24 Sec. Sec. 15.12, 15.13. The resolution may
not only rescind the action of the Speaker and President of the Senate
in signing the bill but also may direct the Clerk to reenroll the bill
with certain changes or to provide for its return to the Senate.
Deschler Ch 24 Sec. Sec. 14.9-14.11.
Correction or Recall of Bills Delivered to the President
Corrections or changes in enrolled bills that have been delivered
to the White House but not signed into law traditionally have been
effected by a concurrent resolution, considered by unanimous consent,
that requests the return of the bill and vacates the signatures of the
Speaker and the President of the Senate. The resolution may direct a
reenrollment with corrections by the Clerk of the House or the
Secretary of the Senate, as appropriate. 4 Hinds Sec. Sec. 3507, 3508;
Deschler Ch 24 Sec. Sec. 16.1-16.4. Bills retrieved and corrected
under this procedure are resubmitted to the President for approval.
However, in one instance, a concurrent resolution was used to request
the recall of a bill from the White House, to rescind the signatures
of the two presiding officers and to postpone the bill indefinitely.
Deschler Ch 24 Sec. 16.5.
The use of concurrent resolutions to recall a bill to correct an
error is appropriate only with respect to bills that have not been
signed, or are presumed not to have been signed, by the President. 4
Hinds Sec. 3507 (note). Once a bill has been signed, it becomes law;
and changes in it can be effected only by amending the measure
pursuant to the enactment of a new bill or joint resolution. Thus,
where the President signed a bill from which a section was
inadvertently omitted during enrollment, the Congress immediately
passed a joint resolution amending the law to insert the omitted
section. Deschler Ch 24 Sec. 14.19.
Consideration of Resolution
Concurrent resolutions making corrections in an enrolled bill are
not privileged for consideration and are normally considered by
unanimous consent. See, e.g., Deschler Ch 24 Sec. 14.5. However, they
also may be considered under suspension of the rules (93-2, Aug. 5,
1974, p 26796), or under a special order of business reported from the
Committee on Rules (93-2, Dec. 13, 1974, p 39596). A special order of
business from the Committee on Rules may also ``hereby'' adopt such a
resolution. Manual Sec. 855.
Sec. 13 . Delivery of Measures to the President
Bills
The Constitution requires that every bill that passes the House
and the Senate be presented to the President of the United States for
approval. U.S. Const. art. I, Sec. 7. In early Congresses a joint
committee took enrolled bills to the President. 4 Hinds Sec. 3432.
However, in the later practice, the Clerk of the House or the
Secretary of the Senate has responsibility for the enrollment of bills
and for presenting the bills from that House to the President. Such
presentation is recorded in the Journal. Manual Sec. 577.
Enrolled bills pending at the close of a session have at the next
session of the same Congress been ordered to be presented as if no
adjournment had taken place. 4 Hinds Sec. Sec. 3487, 3488. Enrolled
bills signed by the presiding officers at one session have been sent
to the President and approved at the next session of the same
Congress. 4 Hinds Sec. 3486. Bills enrolled in one Congress have been
presented to the President and been signed by the President after the
convening of the next Congress. Manual Sec. 577.
Joint Resolutions
A joint resolution is a bill so far as the processes of Congress
are concerned, with the exception of joint resolutions proposing
amendments to the Constitution. 4 Hinds Sec. 3375. Joint resolutions
proposing amendments to the Constitution require a two-thirds vote to
pass and are not sent to the President for approval. Manual Sec. 397;
4 Hinds Sec. 3483; 5 Hinds Sec. 7040. Such joint resolutions, after
passage by both Houses, are delivered to the Archivist. 1 USC
Sec. 106b.
Concurrent Resolutions
It has been the uniform practice of the Congress, since the
organization of the government, not to present concurrent resolutions
to the President for approval and to avoid incorporating in such
resolutions any matter of strict legislation requiring such
presentation. Concurrent resolutions have been used merely to express
the sense of Congress on a given subject, to adjourn for longer than
three days, or to accomplish some purpose in which both Houses have a
common interest but with which the President has no concern. Such
resolutions have ``never embraced legislative provisions proper and
hence have never been deemed to require executive approval.'' Manual
Sec. 396; 4 Hinds Sec. 3483..