[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 24. Bills, Resolutions, and Memorials]
[B. General Procedures Associated With Passage of Legislation]
[§ 15. Signing]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 4910-4918]
CHAPTER 24
Bills, Resolutions, Petitions, and Memorials
B. GENERAL PROCEDURES ASSOCIATED WITH PASSAGE OF LEGISLATION
Sec. 15 Signing
The practice of the two Houses of Congress in the signing of
enrolled bills was formerly governed by joint rules, and has continued
since those rules were abrogated in 1876.(13) A House-
enrolled bill, having been approved as to form by the Committee on
House Administration, and certified by the Clerk as having originated
in the House, is reported to the House. Senate enrollments are
delivered to the House after examination and certification by the
Secretary of the Senate. All enrollments are signed first by the
Speaker and then by the Vice President or President pro tempore of the
Senate.(14)
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13. House Rules and Manual Sec. 575 (1981).
14. Procedure in the U.S. House of Representatives (97th Cong.), Ch. 24
Sec. 11.1.
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Where the Record and Journal, through oversight, fail to indicate
that the Speaker has signed a particular bill, the Speaker announces to
the House the date on which he has signed the bill and asks that the
permanent record and Journal be corrected accordingly.(15)
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15. Procedure in the U.S. House of Representatives (97th Cong.), Ch. 24
Sec. 11.2. -------------------
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Authorization to Sign During Adjournments
Sec. 15.1 The House agreed to a concurrent resolution au
[[Page 4911]]
thorizing the Vice President and the Speaker to sign enrolled bills
and joint resolutions of the two Houses that have been duly passed
notwithstanding an adjournment.
On Aug. 24, 1935,(16) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 39):
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16. 79 Cong. Rec. 14583, 74th Cong. 1st Sess.
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Resolved by the House of Representatives (the Senate
concurring), That notwithstanding the adjournment of the first
session of the Seventy-fourth Congress, the President of the Senate
and the Speaker of the House of Representatives be, and they are
hereby, authorized to sign any enrolled bills or joint resolutions
duly passed by the two Houses and which have been examined by the
Committee on Enrolled Bills of each House and found truly enrolled.
Similarly, on July 8, 1943,(17) the House considered and
agreed to the following concurrent resolution (S. Con. Res. 18):
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17. 89 Cong. Rec. 7516, 78th Cong. 1st Sess.
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Resolved by the Senate (the House of Representatives
concurring), That notwithstanding the adjournment of the two Houses
as authorized by Senate Concurrent Resolution 17, the President of
the Senate and the Speaker of the House of Representatives be and
they are hereby, authorized to sign enrolled bills and joint
resolutions duly passed by the two Houses which have been examined
by the Committee on Enrolled Bills of each House and found truly
enrolled.
Parliamentarian's Note: The earlier practice utilized a concurrent
resolution to grant signing authority during an adjournment. Under a
more recent practice, each House obtained its own unanimous-consent
permission. Since Jan. 5, 1981, the Speaker has had permanent authority
to sign enrollments whether or not the House is in session. See Rule I
clause 4, House Rules and Manual Sec. 624 (1981).
Sec. 15.2 The Senate agreed to a resolution authorizing the acting
President pro tempore to sign enrolled bills and joint resolutions
during adjournments and recesses for the remainder of the session.
On Dec. 12, 1963,(18) the Senate considered and agreed
to the following resolution (S. Res. 235):
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18. 109 Cong. Rec. 24329, 88th Cong. 1st Sess.
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Resolved, That notwithstanding adjournments or recesses of the
Senate during the remainder of the present session of the Congress,
the Secretary be authorized to receive messages from the House, and
the President pro tempore or the Acting President pro tempore be
authorized to sign during such adjournments or recesses enrolled
bills
[[Page 4912]]
and joint resolutions passed by the two Houses and found truly
enrolled.
Parliamentarian's Note: See Senate Rule 1, paragraph 3, dealing
with the authority of the President pro tempore and the acting
President pro tempore to sign enrolled bills. Signing authority during
periods of adjournment is customarily granted by unanimous consent.
Sec. 15.3 The House agreed to a concurrent resolution authorizing the
Speaker and President pro tempore of the Senate to sign enrolled
bills, notwithstanding ``any'' adjournment of the two Houses to a
day certain.
On July 2, 1964,(19) the House considered and agreed to
the following concurrent resolution (H. Con. Res. 322):
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19. 110 Cong. Rec. 15897, 15898, 88th Cong. 2d Sess.
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Resolved, That notwithstanding any adjournment of the two
Houses until July 20, 1964, the Speaker of the House of
Representatives and the President pro tempore of the Senate be, and
they are hereby, authorized to sign enrolled bills and joint
resolutions duly passed by the two Houses and found truly enrolled.
Sec. 15.4 Under a more recent practice, the Speaker was usually
authorized by unanimous consent to sign enrolled bills and joint
resolutions passed by the two Houses, notwithstanding a sine die
adjournment.
On Oct. 2, 1964,(20) Mr. Carl Albert, of Oklahoma, was
granted the following unanimous-consent request:
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20. 110 Cong. Rec. 23788, 88th Cong. 2d Sess.
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Mr. Albert: Mr. Speaker, I ask unanimous consent that
notwithstanding the sine die adjournment of the House, the Clerk be
authorized to receive messages from the Senate and that the Speaker
be authorized to sign any enrolled bills and joint resolutions duly
passed by the two Houses and found truly enrolled.
The Speaker: (1) Without objection, it is so
ordered.
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1. John W. McCormack (Mass).
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There was no objection.
Parliamentarian's Note: Since Jan. 5, 1981, permanent authority to
receive messages from the Senate is carried in Rule III clause 5 [House
Rules and Manual Sec. 647a (1981)], and the Speaker is authorized to
sign enrolled bills by Rule I clause 4 [House Rules and Manual Sec. 624
(1981)].
Sec. 15.5 Notwithstanding any adjournment of the House between Friday
and Monday, the Speaker was authorized by unanimous consent to
[[Page 4913]]
sign enrolled bills and joint resolutions passed by the two Houses.
On Dec. 13, 1963,(2) Mr. Carl Albert, of Oklahoma, asked
unanimous consent that notwithstanding any adjournment of the House
until Monday next the Clerk may be authorized to receive messages from
the Senate and the Speaker may be authorized to sign any enrolled bills
and joint resolutions duly passed by the two Houses and found truly
enrolled.
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2. 109 Cong. Rec. 24553, 88th Cong. 1st Sess.
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There was no objection.
Sec. 15.6 The Speaker pro tempore, who had been elected to serve in
that capacity, was authorized to sign enrolled bills and joint
resolutions notwithstanding an adjournment of the House for only
one day.
On Sept. 21, 1961,(3) Mr. Carl Albert, of Oklahoma,
asked unanimous consent that notwithstanding the adjournment of the
House until the next day the Speaker pro tempore (4) be
authorized to sign any enrolled bills and joint resolutions duly passed
by the two Houses and found truly enrolled.
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3. 107 Cong. Rec. 20572, 87th Cong. 1st Sess.
4. Mr. John W. McCormack, of Massachusetts, had been elected on Aug.
31, 1961, to serve as Speaker pro tempore (see H. Jour. 949,
87th Cong. 1st Sess.). See Sec. 15.14, infra, as to necessity
of House approval of designation of Speaker pro tempore to
permit his authorization to sign enrolled bills.
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There was no objection.
Sec. 15.7 By unanimous consent, the Speaker was, on one occasion,
authorized for the remainder of the session to sign enrolled bills
and joint resolutions notwithstanding adjournments of the House.
On Aug. 10, 1961,(5) Mr. John W. McCormack, of
Massachusetts, asked unanimous consent that notwithstanding any
adjournment of the House during the present session of the 87th
Congress the Clerk be authorized to receive messages from the Senate
and that the Speaker be authorized to sign any enrolled bills and joint
resolutions duly passed by the two Houses and found truly enrolled.
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5. 107 Cong. Rec. 15320, 87th Cong. 1st Sess.
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There was no objection.
Sec. 15.8 The House agreed to a unanimous-consent request that,
notwithstanding sine die adjournment, the Speak
[[Page 4914]]
er be authorized to sign enrolled bills duly passed.
On Dec. 21, 1943,(6) Mr. John W. McCormack, of
Massachusetts, made the following request:
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6. 89 Cong. Rec. 10958, 78th Cong. 1st Sess.
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Mr. Speaker, I ask unanimous consent that, notwithstanding the
sine die adjournment of the first session of the Seventy-eighth
Congress, the Speaker be authorized to sign enrolled bills and
joint resolutions, duly passed by the two Houses and examined by
the Committee on Enrolled Bills and found truly enrolled.
There was no objection.
Announcements as to Bills Signed During Adjournment
Sec. 15.9 The Speaker informed the House when the elected Speaker pro
tempore had, pursuant to authority granted, signed certain enrolled
bills during adjournment.
On July 14, 1958,(7) the Speaker (8) made the
following statement:
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7. 104 Cong. Rec. 13675, 85th Cong. 2d Sess.
8. Sam Rayburn (Tex.).
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The Chair desires to announce that, pursuant to the authority
granted on Thursday, July 10, 1958, the Speaker pro tempore did on
July 11, 1958, sign the following enrolled bills of the House:
H.R. 7963. An act to amend the Small Business Act of 1953, as
amended; and
H.R. 11414. An act to amend section 314(c) of the Public Health
Service Act.
Sec. 15.10 The Speaker announced the signing of enrolled bills after
the House had adjourned to a day certain.
On July 26, 1948,(9) the Speaker (10)
announced that pursuant to House Concurrent Resolution 219 of the 80th
Congress he had made appointments to special committees and signed
enrolled bills during an adjournment to a day certain.
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9. 94 Cong. Rec. 9363, 80th Cong. 2d Sess.
10. Joseph W. Martin, Jr. (Mass.).
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Sec. 15.11 The Speaker announced that following the President's return
of an enrolled bill and the reenrollment thereof with a correction,
he (the Speaker) had thereafter signed the bill during a period of
adjournment.
On July 20, 1964,(11) the Speaker (12) made
the following announcement:
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11. 110 Cong. Rec. 16249, 88th Cong. 2d Sess.
12. John W. McCormack (Mass.).
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The Chair desires to announce that after the President returned
the bill,
[[Page 4915]]
H.R. 10053, the Clerk of the House, pursuant to the provisions of
House Concurrent Resolution 323, 88th Congress, caused the bill to
be reenrolled with a correction. The Speaker, pursuant to the
authority granted him by House Concurrent Resolutions 322 and 323
[to sign enrolled bills during an adjournment], 88th Congress, did
on July 8, 1964, sign the same.
Vacating Signatures
Sec. 15.12 The House agreed to a Senate concurrent resolution
requesting that the action of the Speaker in signing an enrolled
bill be rescinded and that the House return to the Senate the
message announcing the Senate's agreement to certain House
amendments.
On June 3, 1953,(13) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (S. Con.
Res. 31):
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13. 99 Cong. Rec. 6000, 83d 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 in signing the enrolled bill (S. 1550) to authorize
the President to prescribe the occasions upon which the uniform of
any of the Armed Forces may be worn by persons honorably discharged
therefrom be, and it is hereby, rescinded, and that the House be,
and it is hereby, requested to return to the Senate its message
announcing its agreement to the House amendments.
Sec. 15.13 The House agreed to a Senate resolution requesting the House
to rescind the action of the Speaker in signing an enrolled bill of
the House and that such bill be returned to the Senate.
On July 30, 1942,(14) the Speaker pro tempore
(15) laid before the House the following resolution from the
Senate:
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14. 88 Cong. Rec. 6713, 77th Cong. 2d Sess.
15. Alfred L. Bulwinkle (N.C.).
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Resolved, That the Secretary be directed to request the House
of Representatives to rescind the action of the Speaker in signing
the enrolled bill (H.R. 7297) entitled ``An act authorizing the
assignment of personnel from departments or agencies in the
executive branch of the Government to certain investigating
committees of the Senate and House of Representatives, and for
other purposes,'' and that the House of Representatives be further
requested to return the above-numbered engrossed bill to the
Senate.
The Speaker Pro Tempore: Without objection, it is so ordered.
There was no objection.
Signing of Bills by Speaker Pro Tempore
Sec. 15.14 The House approved the designation of a Speaker
[[Page 4916]]
pro tempore, thereby enabling him to sign enrolled bills.
On Feb. 24, 1949,(16) Mr. Mike Mansfield, of Montana,
offered the following privileged resolution (H. Res. 116):
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16. 95 Cong. Rec. 1489, 81st Cong. lst Sess.
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Resolved, That the designation of Hon. John W. McCormack, a
Representative from the State of Massachusetts, as Speaker pro
tempore be approved by the House, and that the President of the
United States and the Senate be notified thereof. . . .
Mr. [Francis H.] Case of South Dakota: As I understand, this is
the customary resolution to meet a situation, so that bills may be
duly enrolled and presented for signature?
Mr. Mansfield: The gentleman is correct. . . .
The resolution was agreed to.
Sec. 15.15 The Speaker invited consideration of a resolution electing a
Speaker pro tempore in order that enrolled bills might be signed in
his absence.
On June 9, 1949,(17) the House considered and agreed to
the following privileged resolution (H. Res. 243):
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17. 95 Cong. Rec. 7509, 81st Cong. lst Sess.
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Resolved, That Hon. John W. McCormack, a Representative from
the State of Massachusetts, be, and he is hereby, elected Speaker
pro tempore during the absence of the Speaker.
Resolved, That the President and the Senate be notified by the
Clerk of the election of Hon. John W. McCormack as Speaker pro
tempore during the absence of the Speaker.
The Speaker (18) then offered the explanation below for
the action taken:
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18. Sam Rayburn (Tex.).
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This action is taken for two reasons: First, the Speaker will
not be here Monday and Tuesday, and the immediate necessity is that
there might be some enrolled bills that must be signed.
Signing of Duplicate Copy of Bill
Sec. 15.16 The House agreed to a concurrent resolution authorizing the
Speaker and the Vice President to sign a duplicate copy of an
enrolled bill and directing the Clerk of the House to transmit it
to the President.
On May 15, 1935,(1) the House, by unanimous consent,
considered and agreed to the following concurrent resolution (H. Con.
Res. 21):
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1. 79 Cong. Rec. 7598, 74th Cong. 1st Sess.
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Resolved by the House of Representatives (the Senate
concurring), That the
[[Page 4917]]
Speaker of the House of Representatives and the President of the
Senate be, and they are hereby, authorized to sign a duplicate copy
of the enrolled bill H.R. 6084, entitled ``An act to authorize the
city of Ketchikan, Alaska, to issue bonds . . .'' and that, to
issue bonds . . .'' and that the Clerk of the House be directed to
transmit the same to the President of the United
States.(2)
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2. This concurrent resolution was adopted following the receipt of a
communication from the President advising the House that the
original copy of the enrolled bill (H.R. 6084) presented to the
President had been lost. The President recommended that a
duplicate bill be sent to him pursuant to authorization by a
concurrent resolution.
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Sec. 15.17 Where the Speaker signs a duplicate copy of an enrolled bill
(the original having been lost) pursuant to a concurrent resolution
authorizing such signing, he informs the House of that fact.
On May 27, 1938, (3) the Speaker (4)
announced that pursuant to Senate Concurrent Resolution 37 the Chair
had signed a duplicate copy of a Senate bill (S. 3532).
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3. 83 Cong. Rec. 7645, 75th Cong. 3d Sess.
4. William B. Bankhead (Ala.).
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Suspension of Proceedings to Permit Signing
Sec. 15.18 Proceedings in the Committee of the Whole may be suspended
to allow the Speaker to sign an enrolled bill.
On Feb. 26, 1964,(5) upon adoption of a motion to rise
offered by Mr. Wright Patman, of Texas, the Committee of the Whole, at
the request of the Speaker, suspended consideration of a bill (H.R.
9022) to amend the International Development Association Act.
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5. 110 Cong. Rec. 3653, 3654, 88th Cong. 2d Sess.
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The Speaker (6) then signed an enrolled bill (H.R. 8363)
to amend the Internal Revenue Code of 1954 to reduce individual and
corporate income taxes.(7)
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6. John W. McCormack (Mass.).
7. Parliamentarian's Note: President Lyndon B. Johnson (Tex.) has
scheduled a ceremony in connection with his signing of this
bill, the Revenue Act of 1963, later in the day. The White
House has informed the Parliamentarian of this fact and the
Speaker has agreed to expedite the handling of the enrollment
in the House.
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Mr. Patman then moved that the House resolve itself into the
Committee of the Whole to continue consideration of H.R. 9022. The
motion was agreed to.
Parliamentarian's Note: The Committee is not required to vote to
rise, but may rise ``informally,'' without motion, to allow the Speaker
to receive messages from
[[Page 4918]]
the President or the Senate. Since the rules were amended in 1981 to
permit the Speaker to sign enrolled bills, whether or not the House is
in session (H. Res. 5, 97th Cong.), the concept of an ``informal
rising'' of the Committee of the Whole has also been used to permit the
Speaker to lay enrolled bills before the House. See House Rules and
Manual Sec. 625 (1983).
Senate Practice
Sec. 15.19 In the Senate, an acting President pro tempore, designated
in writing by the elected President pro tempore, signs enrolled
bills.
On June 20, 1963,(8) the legislative clerk of the Senate
read the following letter:
8. 109 Cong. Rec. 11253, 88th Cong. lst Sess.
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U.S. Senate,
President Pro Tempore,
Washington, D.C, June 20,1963.
To the Senate:
Being temporarily absent from the Senate, I appoint Hon. Birch
Bayh, a Senator from the State of Indiana, to perform the duties of
the Chair during my absence.
Carl Hayden,
President pro tempore.
The acting President pro tempore, pursuant to the authority granted
by Rule I, paragraph 3 (9) of the Senate rules, then signed
three enrolled bills (H.R. 131, H.R. 3574, and H.J. Res. 180) which had
been signed by the Speaker and messaged to the Senate.
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9. Senate Rule I, paragraph 3 provides that ``The President pro
tempore shall have the right to name in open Senate or, if
absent, in writing, a Senator to perform the duties of the
Chair, including the signing of duly enrolled bills and joint
resolutions but such substitution shall not extend beyond an
adjournment, except by unanimous consent; and the Senator so
named shall have the right to name in open session, or, if
absent, in writing, a Senator to perform the duties of the
Chair, but not to extend beyond an adjournment, except by
unanimous consent.''
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