Yield Floor To Receive Message: A Senator may refuse to yield temporarily for the receipt of a message from the President of the United States, or House of Representatives, since there is no requirement in the rules that a Senator having the floor must yield for that purpose. He would not impair his rights to the floor by yielding for its receipt.55 A Senator who yields to receive a message from the House of Representatives does not necessarily lose his rights to the floor.56 55 May 28, 1959, 86-1, Record, pp. 9254-9255; July 30, 1962, 87-2, Record, p. 15031; see also July 27, 1962, 87-2, Record, p. 14882. 66 July 26, 1962, 87-2, Record, p. 14864. CONCURRENT RESOLUTIONS Concurrent resolutions are commonly used by both Houses to take action within the scope of the power of the two bodies acting jointly. They must be approved by both Houses in identical form before they are effective. They do not become law, nor are they sent to the President for his signature, nor are they signed by the Speaker or the Vice President. They are attested by the Secretary of the Senate and the Clerk of the House and are transmitted after final approval to the Administrator of the General Services Administration for publication in the Statutes at Large. The authority of concurrent resolutions extends to the power of both Houses acting jointly and they are used for such matters as the creation of joint committees, the printing of matters in which both Houses have a concern, to express the sense of Congress on a certain matter, the authorization of certain corrections in the enrollment of public laws, to provide for joint sessions of the two Houses, and sine die adjournments. Concurrent resolutions may not embody legislation; otherwise, under the Constitution they would have to be submitted to the President for his signature. The resolving clause of a Senate Concurrent Resolution reads: "Resolved by the Senate (the House of Representatives concurring),”. . . Rule VII, Paragraph I [Submitting of Concurrent and Other Resolutions] After the Journal is read, the Presiding Officer shall lay before the Senate messages from the President, reports and communications from the heads of Departments, and other communications addressed to the Senate, and such bills, joint resolutions, and other messages from the House of Representatives as may remain upon his table from any previous day's session undisposed of. The Presiding Officer shall then call for, in the following order: The presentation of petitions and memorials. All of which shall be received and disposed of in such order, unless unanimous consent shall be otherwise given. Amendments of When Not in Order: If the House of Representatives has amended a Senate Concurrent Resolution, an amendment proposed thereto in the Senate to a part of the text of the resolution not embraced in any of the House amendments, when that resolution is subsequently up for disposition of the House amendments, is not in order." Amendments to Concurrent Resolutions To Correct Errors in Enrolled Bill: See "Corrections (Changes) in Enrolled Bills," pp. 468-469. Consideration of: See "Privileged for Immediate Consideration," p. 279–280. Consideration of, for Corrections (Changes) of Enrolled Bills: Consideration privileged but restricted. See "Corrections (Changes) of Enrolled Bills-Consideration of Such Resolution," p. 469. Form of Concurrent Resolutions Changed: See "Form of Bills and Resolutions Changed," pp. 168-170. General Characteristics: See also "Usages of Concurrent Resolutions," pp. 280–282. Concurrent resolutions are used "to express the sense of Congress upon a given subject, to adjourn longer than 3 days, to make, amend, or suspend joint rules, and to accomplish similar purposes, in which both Houses have a comLon interest." "They are frequently used in ordering the printing of documents, in paying therefor, and in incurring and paying other expenses where the moneys necessary therefor have previously been appropriated and set apart by law for the use of the two Houses." 2 Legislative Amendments Proposed to: Concurrent resolutions are not used for the purpose of enacting legislation and are not binding or of legal effect and are not presented to the President of the United States for his approval, but would be required to be presented to him only if they contained matter which is properly regarded as legislative in character and effect.* 1 Feb. 16, 1956, 84-2, Record, pp. 2668-2669. 'S. Rept. 1335, of the 54th Cong., prepared by the Committee on the Judiciary, pursuant to a resolution adopted by the Senate on Feb. 20, 1896, p. 6. 3 * Feb. 20, 1896, 54-1, Journal, p. 145; Jan. 26, 1897, 54-1, Journal, p. 16; July 19, 1945, 79-1, Record, pp. 7808, 7809-7810. 5 In 1920, the Vice President ruled that an amendment, legislative in character, proposed to a concurrent resolution was in order, and in 1926, a point of order that a House concurrent resolution contained legislation and was not in order was overruled." An amendment offered to a House concurrent resolution [to create a Joint Committee on Muscle Shoals, and to prescribe its duties], transferring to the Secretary of Agriculture the exercise of certain functions vested by law in the President of the United States, authorizing the formation of a government corporation to operate a nitrate plant and providing for sale of surplus power, and authorizing an appropriation of funds from the Treasury, was held to be in order as a substitute for the House concurrent resolution.' President Does Not Sign: See "Legislation on Senate Resolution Out of Order,” p. 525. Concurrent resolutions are not required to be presented to the President of the United States unless they contain matter which is properly to be regarded as legislative in character and effect, and under the practice of the Senate, they are not used for legislative purposes, and are not sent to the President for approval.' 8 Privileged for Immediate Consideration: Concurrent resolutions falling into the following classifications have been held to be privileged business for immediate consideration: (1) Concurrent resolutions providing adjournment of the two Houses; 10 (2) Concurrent resolutions to correct errors in the enrollment of bills; 11 (3) Concurrent resolutions providing for joint sessions of the two Houses; 12 and 'June 1, 1920, 66–2, Journal, p. 323, Record, pp. 8071-8072. Jan. 6 and Mar. 1, 1926, 69-1, Journal, pp. 75, 196; Mar. 8, 1926, 69-1, Journal, p. 212. 7 Mar. 8, 1926, 69-1, Journal, p. 212, Record, p. 5218. 8 Feb. 20, 1896, 54-1, Journal, p. 145; Jan. 26, 1897, 54-1, Journal, p. 76; see Nov. 24, 1903, 58-1, Record, p. 438. 10 Nov. 7, 1919, 66-1, Record, pp. 8074-8075; Dec. 8, 1826, 19-2, Journal, p. 28. See under "Adjournment." pp. 8-17. "See "Enrolled Bills," pp. 467–474. 12 See "Joint Sessions," "Privileged Business," p. 514. 97-344 0-74-19 (4) Concurrent resolutions disapproving Reorganization Plans.13 In 1928 on one occasion, when a Senator having the floor yielded for the laying before the Senate of a concurrent resolution of the House, to authorize the printing of additional copies of hearings on a bill, the Chair ruled that, pursuant to Rule VII, paragraph 7, action on a motion made in relation thereto might be had without the right of such Senator to the floor being lost." Reading of, Three Times Not Required: Concurrent resolutions do not require the approval of the President, nor do they require three readings.15 Reconsideration of: See "Reconsideration," pp. 696–716. Reference of Resolution Rescinding Signatures Not Required: See "Rescinding, etc.," p. 733. Three Readings: Resolutions which do not require the approval of the President to become effective do not require three readings before approval.16 Usages of Concurrent Resolutions: Concurrent resolutions are used: (1) To affix signatures to a conference report and recommit conference report agreed to by one House. See "Recommit: With or Without Instructions," pp. 315–316. (2) To authorize the Presiding Officers to sign bills during adjournment. See "Signing of Enrolled Bills,” pp. 473474. (3) To correct errors in enrolled bills. See "Corrections (Changes) in Enrolled Bills," pp. 468 469. (4) To count the electoral vote. See "Electoral Vote," pp. 460-461. (5) To create joint committees. "See "Reorganization Plans." pp. 736–738. 14 15 May 28, 1928, 70–1, Journal, p. 563, Record, p. 10309. Dec. 8, 1826, 19-2, Journal, p. 28. |