[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 24. Bills, Resolutions, and Memorials]
[B. General Procedures Associated With Passage of Legislation]
[§ 14. Enrollment; Correcting Bills in Enrollment]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 4901-4910]
CHAPTER 24
Bills, Resolutions, Petitions, and Memorials
B. GENERAL PROCEDURES ASSOCIATED WITH PASSAGE OF LEGISLATION
Sec. 14. Enrollment; Correcting Bills in Enrollment
Enrollment Procedure
Sec. 14.1 A bill is enrolled by the House in which it originated. Under
the enrollment procedure, the bill is printed at the Government
Printing Office on distinctive paper under special
supervision.(4)
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4. Procedure in the U.S. House of Representatives (97th Cong.), Ch. 24
Sec. 6.1.
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Sec. 14.2 Under Rule X clause 4(d)(1),(5) the Committee on
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5. House Rules and Manual Sec. 697b (1981).
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[[Page 4902]]
House Administration has the function of ``examining all bills,
amendments, and joint resolutions after passage by the House and,
in cooperation with the Senate, examining all bills and joint
resolutions which shall have passed both Houses to see that they
are correctly enrolled, forthwith presenting those which originated
in the House to the President of the United States in person after
their signature by the Speaker of the House and the President of
the Senate and reporting the fact and date of such presentation to
the House.''
Sec. 14.3 The Committee on House Administration reports to the House
when it carries out its functions of certifying the correct
enrollment of bills and joint resolutions.
On Mar. 24, 1947,(6) Mr. Karl M. Le Compte, of Iowa,
from the Committee on House Administration reported that that committee
had examined and found truly enrolled and signed by the Speaker the
joint resolution of the House (H.J. Res. 27) proposing an amendment to
the Constitution of the United States relating to the terms of office
of the President. Mr. Le Compte announced further that that committee
had presented to and filed with the Secretary of State such joint
resolution.
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6. 93 Cong. Rec. 2482, 80th Cong. 1st Sess.
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Parliamentarian's Note: Constitutional amendments, having passed
both Houses of Congress, are now presented to the Administrator of
General Services for transmission to the several states for
ratification. See 1 USC Sec. 106b; 1 USC Sec. 112.
Sec. 14.4 In the Senate, the responsibility for the correct enrollment
of bills and joint resolutions is vested in the Secretary of the
Senate.
On Jan. 30, 1945,(7) the Senate considered and agreed to
the following resolution (S. Res. 64):
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7. 91 Cong. Rec. 591, 592, 79th Cong. 1st Sess.
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Resolved, That the Secretary of the Senate shall examine all
bills, amendments, and joint resolutions before they go out of the
possession of the Senate, and shall examine all bills and joint
resolutions which shall have passed both Houses, to see that the
same are correctly enrolled, and, when signed by the Speaker of the
House and the President of the Senate, shall forthwith present the
same, when they shall have originated in the Senate, to
[[Page 4903]]
the President of the United States, and report the fact and date of
such presentation to the Senate.
Parliamentarian's Note: The provisions of this resolution are now
part of the standing rules of the Senate. See Rule XIV, paragraph 5,
Senate Manual Sec. 14.5 (1975).
Authorizing Numerical Corrections
Sec. 14.5 The House agreed to a concurrent resolution providing that in
the enrollment of general appropriation bills enacted during the
remainder of a session, the Clerk of the House could correct
chapter, title, and section numbers.
On July 4, 1952,(8) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (H. Con.
Res. 239):
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8. 98 Cong. Rec. 9440, 82d Cong. 2d Sess.
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Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of general appropriation bills
enacted during the remainder of the second session of the Eighty-
second Congress the Clerk of the House may correct chapter, title,
and section numbers.
The Senate also agreed to this resolution (see H. Jour. 761, 82d
Cong. 2d Sess., July 5, 1952).
Changing Items in Appropriation Bill
Sec. 14.6 Items in an appropriation bill not in disagreement between
the two Houses, and hence not committed to the conferees, were, by
unanimous consent, changed through adoption of a concurrent
resolution directing the changes in the enrollment of the bill.
On July 23, 1962,(9) Mr. Albert Thomas, of Texas,
called up for consideration under a previous unanimous-consent
agreement a concurrent resolution (H. Con. Res. 505) making 29 changes
in a supplemental appropriation bill (H.R. 11038). Had the items been
included in the conference agreement, the report would have been
subject to a point of order. In explanation of the concurrent
resolution Mr. Thomas stated:
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9. 108 Cong. Rec. 14400, 87th Cong. 2d Sess.
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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
[[Page 4904]]
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 concurrent resolution was agreed to.(10)
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10. Id. at p. 14403.
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Correcting Printing Errors
Sec. 14.7 The House agreed to a concurrent resolution authorizing the
Clerk of the House, in the enrollment of a House bill, to correct
certain printing errors in the bill as reported from conference to
reflect the true intention of the conferees and the two Houses.
On Oct. 17, 1966,(11) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (H. Con.
Res. 1039):
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11. 112 Cong. Rec. 27152, 89th Cong. 2d Sess.
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Resolved by the House of Representatives (the Senate
concurring), That the Clerk of the House of Representatives in the
enrollment of the bill (H.R. 15857) to amend the District of
Columbia Police and Fireman's Salary Act of 1958 to increase
salaries of officers and members of the Metropolitan Police force
and the Fire Department, and for other purposes, is authorized and
directed to make the following corrections in the salary schedule
for teachers, school officers, and certain other employees of the
District of Columbia Board of Education, which is provided in
section 202(1) of the bill:
(1) In class 3, step 2, strike out ``$16,856'' and insert in
lieu thereof ``$16,865''.
(2) In class 3, step 6, strike out ``18,115'' and insert in
lieu thereof ``18,105''.
(3) In class 6, group C, principal level III, step 5, strike
out ``14,905'' and insert ``14,095''.(12)
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12. Parliamentarian's Note: Printing errors in the conference report
were not discovered until after the Senate had acted on the
report. These errors could have been corrected by a star print
had they been caught before the two Houses had acted.
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Return of Original Papers to Senate
Sec. 14.8 By concurrent resolution the Senate requested return of a
House bill erro
[[Page 4905]]
neously messaged to the House as having passed the Senate without
amendment; the Secretary of the Senate was authorized, upon its
return, to transmit the bill to the House with a Senate amendment,
and provided for the return to the House of an incorrectly enrolled
bill, signed by the Speaker, and that the Speaker's signature be
rescinded.
On Aug. 8, 1957,(13) the Speaker, Sam Rayburn, of Texas,
laid before the House the following concurrent resolution (S. Con. Res.
46):
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13. 103 Cong. Rec. 14102, 85th Cong. 1st Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the House of Representatives return to the Senate
the engrossed bill (H.R. 5707) for the relief of the A. C. Israel
Commodity Co., Inc., erroneously messaged to the House on August 6,
1957, as having passed the Senate on the preceding day without
amendment; that upon its return to the Senate the Secretary shall
transmit to the House the said bill, together with the amendment
made by the Senate thereto; that the enrolled bill, signed by the
Speaker of the House and transmitted to the Senate on yesterday, be
returned to the House, and that the action of the Speaker in
signing said enrolled bill be thereupon rescinded.
Rescinding Enrollment
Sec. 14.9 The House, by unanimous consent, agreed to a concurrent
resolution rescinding the action of the Speaker and President of
the Senate in signing an enrolled bill and directing the Clerk of
the House to reenroll the bill with certain changes.
On Apr. 21, 1938,(14) the House agreed to the following
concurrent resolution (S. Con. Res. 30) which had passed the Senate on
Mar. 30, 1938:
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14. 83 Cong. Rec. 5640, 75th Cong. 3d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the Speaker of the House of
Representatives and the President of the Senate in signing the
enrolled bill (H.R. 5793) for the relief of Josephine Fontana be,
and it is hereby, rescinded, and the Clerk of the House be, and he
is hereby, authorized and directed to reenroll the bill with the
following amendments, viz: . . . strike out ``Josephine Fontana, .
. . $600 in full satisfaction of her claim'' and . . . insert . . .
``Nathaniel M. Harvey, as administrator of the estate of Josephine
Fontana. . . .''
Sec. 14.10 The House, by unanimous consent, agreed to a Senate
concurrent resolution rescinding the signatures of the two
presiding officers on
[[Page 4906]]
an enrolled bill and providing for its return to the Senate.
On May 24, 1956,(15) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 80):
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15. 102 Cong. Rec. 8945, 84th Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the Speaker pro tempore of the
House of Representatives and of the President of the Senate in
signing the enrolled bill (H.R. 4656) relating to the Lumbee
Indians of North Carolina be, and it is hereby, rescinded, and that
the engrossed bill be returned to the Senate.
Sec. 14.11 The House, by unanimous consent, agreed to a Senate
concurrent resolution rescinding the action of the Speaker and
President of the Senate in signing an enrolled bill and requesting
the House to return the engrossed copy to the Senate.
On Apr. 5, 1938,(16) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 29):
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16. 83 Cong. Rec. 4775, 75th Cong. 3d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the Speaker of the House of
Representatives and of the President of the Senate in signing the
enrolled bill (H.R. 7158) to except yachts, tugs, towboats, and
unrigged vessels from certain provisions of the act of June 25,
1936, as amended, be, and it is hereby, rescinded; and that the
House of Representatives be, and it is hereby, requested to return
to the Senate the engrossed bill.
Sec. 14.12 The House, by unanimous consent, agreed to a concurrent
resolution rescinding the action of the Speaker and Vice President
in signing an enrolled bill and requesting the House to return to
the Senate its message announcing its agreement to an amendment of
the House.
On June 4, 1935,(17) the House considered the following
concurrent resolution (S. Con. Res. 16):
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17. 79 Cong. Rec. 8645, 74th Cong. 1st Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the Speaker of the House of
Representatives and the Vice President of the United States,
respectively, in signing the enrolled bill (S. 2105) to provide for
an additional number of cadets at the United States Military
Academy, and for other purposes, be, and the same is hereby,
rescinded; and that the House of Representatives be, and it is
hereby, requested to return to the Senate the message announcing
its agreement to the amendments of the House to the said bill.
[[Page 4907]]
Reenrollment With a Correction
Sec. 14.13 The House, by unanimous consent, agreed to a concurrent
resolution rescinding the action of the Speaker in signing an
enrolled bill and authorizing the Clerk to reenroll it with a
correction.
On Aug. 17, 1954,(1) the House considered and passed
the following concurrent resolution (S. Con. Res. 106):
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1. 100 Cong. Rec. 14877, 83d Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the Speaker of the House of
Representatives in signing the enrolled bill (H.R. 1975) to amend
section 2201 of title 28, United States Code, to extend the Federal
Declaratory Judgments Act to the Territory of Alaska, be rescinded,
and that the Clerk of the House be, and he is hereby authorized and
directed, in the reenrollment of the bill, to make the following
correction:
On page 1, line 6 of the engrossed House bill, strike out the
word ``section'' and in lieu thereof insert the word ``sentence.''
Sec. 14.14 The House, by unanimous consent, agreed to a Senate
concurrent resolution authorizing and directing the Clerk of the
House to reenroll a House bill with a correction.
On Oct. 13, 1966,(2) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 113):
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2. 112 Cong. Rec. 26639, 26640, 89th Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the Clerk of the House of Representatives of the
United States be authorized to correct an enrolling error in H.R.
698, to provide for the establishment of the Guadalupe Mountains
National Park in the State of Texas, and for other purposes, and
that section 3(a) of H.R. 698, shall when corrected read as
follows:
``When title to all privately owned land within the boundary of
the park, subject to such outstanding interests, rights, and
easements as the Secretary determines are not objectionable. . .
.'' (3)
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3. Parliamentarian's Note: The Senate originated this concurrent
resolution since the error in the enrollment was in reality a
Senate error reflecting a mistake in the engrossment of the
Senate amendment to the House bill.
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Reenrollment With a Change
Sec. 14.15 The House agreed to a concurrent resolution rescinding the
action of the Speaker in signing an enrolled bill and authorizing
the Secretary of the Senate to reenroll the bill with a change.
[[Page 4908]]
On June 16, 1954,(4) Speaker Joseph W. Martin, of
Massachusetts, laid before the House a concurrent resolution (S. Con.
Res. 87) which the House considered and agreed to:
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4. 100 Cong. Rec. 8360, 83d Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That the action of the Speaker of the House of
Representatives in signing the enrolled bill (S. 2657), to amend
the act entitled ``An act to regulate the practice of the healing
art to protect the public health in the District of Columbia,'' be,
and the same is hereby, rescinded; and that the Secretary of the
Senate be, and he is hereby, authorized and directed to reenroll
the bill with the following change, namely: On page 2, line 6,
after the word ``or'', insert the word ``by''.
Sec. 14.16 The House, by unanimous consent, agreed to a concurrent
resolution authorizing and directing the Secretary of the Senate to
make certain corrections in the enrollment of a Senate bill.
On Aug. 25, 1966,(5) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 990):
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5. 112 Cong. Rec. 20688, 89th Cong. 2d Sess.
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Resolved, That in the enrollment of the bill (S. 3105) to
authorize certain construction at military installations, and for
other purposes, the Secretary of the Senate is authorized and
directed to make the following correction:
In section 612, strike out ``$50,000'' and insert ``$150,000''.
Sec. 14.17 The House, by unanimous consent, agreed to a concurrent
resolution authorizing the Secretary of the Senate to make such
corrections in title and section numbers and cross references as
may be necessary by reason of the omission of a title in an
enrolled bill.
On Mar. 23, 1942,(6) the House considered and agreed to
the following concurrent resolution (S. Con. Res. 27):
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6. 88 Cong. Rec. 2808, 77th Cong. 2d Sess.
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Resolved by the Senate (the House of Representatives
concurring), That in enrolling the bill (S. 2208) to further
expedite the prosecution of the war, the Secretary of the Senate is
authorized and directed to make all necessary corrections in title
and section numbers and cross references as may be necessary by
reason of the omission from the enrolled bill of title VIII.
Sec. 14.18 By unanimous consent, the House adopted a concurrent
resolution authorizing and directing the Secretary of the Senate,
in the enrollment of a bill, to make cer
[[Page 4909]]
tain conforming changes to the title of the bill, changes designed
to make the title conform to amendments made to the text thereof.
On Oct. 1, 1968 (7) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 838):
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7. 114 Cong. Rec. 28863, 90th Cong. 2d Sess.
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Correction of Title of the Bill S. 698, Intergovernmental
Cooperation Act of 1968
Mr. [Chet] Holifield [of California]: Mr. Speaker, I offer a
concurrent resolution (H. Con. Res. 838) and ask unanimous consent
for its immediate consideration.
The Clerk read the concurrent resolution as follows:
Resolved by the House of Representatives (the Senate
concurring), That the Secretary of the Senate in the enrollment
of the bill (S. 698) to achieve the fullest cooperation and
coordination of activities among the levels of government . . .
and for other purposes, is authorized and directed to correct
the title of the bill so as to read: ``An Act to achieve the
fullest cooperation and coordination of activities among the
levels of government . . . and for other purposes.''
The Speaker Pro Tempore: (8) Is there objection to
the request of the gentleman from California?
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8. Carl Albert (Okla.).
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There was no objection.
The concurrent resolution was agreed to.
Incomplete Enrollment
Sec. 14.19 Where in the enrollment of a bill a section thereof was
omitted and the President signed the bill as presented to him, the
Congress, by unanimous consent, immediately enacted an amendment to
the law inserting the omitted section.
On July 1, 1954,(9) the House considered and agreed to a
joint resolution (H.J. Res. 553) amending a law (Priv. L. No. 495) to
include a section that had been inadvertently omitted from the enrolled
bill sent to the President.(10)
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9. 100 Cong. Rec. 9566, 83d Cong. 2d Sess.
10. Parliamentarian's Note: In the enrollment of H.R. 7258, a private
bill for the relief of the Willmore Engineering Company, a
portion of the bill, section 2, which had been in the bill when
it was passed by both the House and the Senate, was erroneously
omitted. The erroneously enrolled bill was signed by the
presiding officers of the two Houses and approved by the
President on June 30, 1954. The omission of section 2 was
discovered only after the bill had been approved by the
President.
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Providing for Duplicate Enrollment
Sec. 14.20 Pursuant to a concurrent resolution brought up
[[Page 4910]]
and agreed to by unanimous consent, the Clerk presented the
duplicate copy of an enrolled bill to the President after the
original copy had been lost.
On May 15, 1935,(11) the Speaker (12) laid
before the House the following communication:
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11. 79 Cong. Rec. 7633, 74th Cong. 1st Sess.
12. Joseph W. Byrns (Tenn.).
May 15, 1935.
The Speaker,
House of Representatives,
Washington, D.C.
Sir: Pursuant to the provisions of House Concurrent Resolution
21, Seventy-fourth Congress, I have this day presented to the
President of the United States the signed duplicate copy of the
enrolled bill, H.R. 6084. . . .
Very truly yours,
South Trimble,
Clerk of the
House of Representatives.
Parliamentarian's Note: For circumstances which required this
duplicate enrollment, see Sec. 15.16, infra.