Such a resolution when reported from a substantive committee, must on objection, under the rule, lie over a day before reference to the Committee on Rules and Administration.13 It is not in order to consider a resolution of investigation prior to the submission thereof together with a budget estimate to the Committee on Rules and Administration, after the committee having jurisdiction of that subject matter has reported it."

Such a resolution reported from a substantive committee may be referred on the same day by unanimous consent to the Committee on Rules and Administration, instead of lying over 1 day under the rule.15

Under the practice of the Senate, the Committee on Rules and Administration (previously the Committee To Audit and Control the Contingent Expenses of the Senate) does not pass upon the merits of a resolution of inquiry, but merely upon the expenditure of funds.16

In 1926, in one instance, after the Senate by unanimous consent had agreed to a resolution authorizing a payment from the contingent fund, a point of order that the resolution should first go to the Committee To Audit and Control the Contingent Expenses of the Senate (now Rules and Administration) was sustained, and the resolution was so referred."

In 1934, the Chair ruled a resolution providing for an investigation of a Federal Land Bank is not subject to amendment by including another bank, if an additional expense is thereby included; 18 otherwise, the resolution would be subject to amendment as in the case of any other resolution."

On August 3, 1939, the adoption of a resolution providing for an investigation and the payment of expenses from the contingent fund of the Senate, which had not been considered by the Committee To Audit and Control the Contingent Expenses of the Senate (now the Committee on Rules and Administration), was reconsidered and by unanimous consent it was then ordered that the resolution be referred

13 Feb. 19, 1889, 50-1, Record, p. 2034.

14 Apr. 8, 1947, 80-1, Record, pp. 3214–15. 15 Apr. 19, 1954, 83-2, Record, p. 5258.

16 See Jan. 5, 1926, 69-1, Record, pp. 1462-69; Dec. 19, 1927, 70-1, Record, p. 816; Mar. 15, 1938, 75-3, Record, p. 3380.

17 May 19, 1926, 69-1, Record, p. 9672; see also Jan. 5, 1928, 70-1, Record, p. 1005; Dec. 5, 1928, 70-2, Record, p. 56.

18

June 16, 1934, 73–2, Journal, p. 608, Record, p. 12080.

19 See Mar. 15, 1938, 75-3, Record, p. 3380.

to the committee and that it be unanimously reported therefrom, and it was again adopted.20

A resolution providing for an investigation of the official conduct of James A. Farley, Postmaster General, with authority to summon witnesses, hold hearings, employ experts, and incur other expenses, but making no provisions for the payment of expenses from the contingent fund of the Senate, was referred to the Committee on Post Offices and Post Roads as having jurisdiction of the subject matter.21

A Senate resolution calling for information from a governmental agency, or investigation, where no expenditures of money is called for, is not required to be referred to the Committee on Rules and Administration (formerly the Committee To Audit and Control the Contingent Expenses of the Senate).22

Reports on an Investigation:

A report on an investigation required to be submitted by a committee pursuant to an order of the Senate may be filed with the Secretary where a Senator having the floor refuses to yield for the submittal of such report.

23

a Feb. 12, 1935, 74-1, Journal, p. 114, Record, p. 1829.

22

May 28, 1928, 70–1, Journal, p. 558, Record, p. 10222; Jan. 14, 1928, 70-1, Record, p. 1474; Apr. 12, 1913, 63-1, Record, pp. 165–170. 23 Mar. 3, 1927, 69–2, Journal, p. 268, Record, p. 5512.

JOINT COMMITTEES

For creation of, by use of concurrent resolutions, see "Concurrent Resolutions," pp. 277-282. See also "References to Committees," pp. 717-735.

Joint committees of Congress are created by the enactment of law or the adoption of a concurrent resolution by both Houses. Once a joint committee is created, it has no legislative authority, as is the case with the Joint Committee on Defense Production, unless it is so given by the law or resolution of creation, as in the case of the Joint Committee on Atomic Energy, which has legislative jurisdiction. Some of these committees are authorized to perform certain administrative functions as in the cases of the Joint Committee on Printing and the Joint Committee on Internal Revenue Taxation.

The memberships of such committees are composed of Senators and Representatives in equal numbers, usually with the committee being authorized to select its chairman; and, in practice, usually the chairmanship alternates back and forth between one of its members from the Senate and one of its members from the House.

Atomic Energy Committee Jurisdiction:

All bills, resolutions, and other matters in the Senate or the House of Representatives relating primarily to the Commission or to the development, use, or control of atomic energy shall be referred to the Joint Committee. "The members of the Joint Committee who are Members of the Senate shall from time to time report to the Senate, and the members of the Joint Committee who are Members of the House of Representatives shall from time to time report to the House, by bill or otherwise, their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the Joint Committee or otherwise within the jurisdiction of the Joint Committee." (Public Law 703, 83d Cong.)

Reference to:

Certain reports and legislative matters are referred to joint committees pursuant to law,' but it is not in order to refer a Senate bill to a special joint committee of the two Houses unless that committee has been given such juris

2

2

1 Jan. 8, 1947, 80-1 Record, p. 160; see also Apr. 12, 1948, 80-2, Record, p. 4305. See Mar. 30, 1943, 78-1, Record, p. 2731.

3

diction. Pursuant to law, the President's annual Economic Report is referred to the Joint Economic Committee."

JOINT RESOLUTIONS

See "Bills," pp. 162-180; "References to Committees," pp. 717735; "Reports," pp. 739-759; "Resolutions," pp. 761–771.

JOINT SESSIONS

Adjournment After Joint Session:

The Senate by previous order may stand in adjournment after a joint session until the next day."

Following a joint meeting of the two Houses in commemoration of the 200th anniversary of the birth of George Washington, the Senate, under an order previously adopted, adjourned without returning to its Chamber."

In the absence of an order to the contrary, the Senators, after a joint meeting of the two Houses, will return to their Chamber for further session until adjournment.'

Privileged Business:

A concurrent resolution of the House of Representatives providing for a joint session of the two Houses for the purpose of receiving a communication from the President of the United States is a question of high privilege and does not have to lie over 1 day under the rule.

Veto Message Delivered in Joint Session:

In 1935, at a joint meeting of the two Houses, the President of the United States returned to the House of Representatives without his approval an act providing for the immediate payment of adjusted service certificates and gave his reasons in person to the two Houses for such action."

3

May 27, 1921, 67–1, Journal, p. 117, Record, p. 1823.

4 Jan. 8, 1947, 80-1, Record, p. 160; P.L. 591, 84th Cong., 2d Sess. May 20, 1934, 73-2, Journal, p. 430; Jan. 4, 1939, 76–1, Journal, p. 16; Feb. 22, 1932, 72-1, Journal, pp. 255, 258, Record, p. 4448; July 27, 1948, 80–2, Record, p. 9440; Jan. 20, 1949, 81-1, Record, p. 479; May 31, 1972, 92–2, Record, p. 19340.

* Feb. 22, 1932, 72–1, Journal, pp. 255, 258, Record, p. 4448.

Jan. 4, 1950, 81-2, Record, p. 35.

See Apr. 7, 1913, 63-1, Record, pp. 57-61.

JOURNAL

Rule IV provides: "The legislative, the executive, the confidential legislative proceedings, and the proceedings when sitting as a Court of Impeachment, shall each be recorded in a separate book."

The Journal of the Senate of the United States of America consists of a "briefly and accurately stated" report of the Senate's legislative action. The Journal does not report Senate debates. Rule IV provides that "Messages of the President in full; titles of bills and joint resolutions, and such parts as shall be affected by proposed amendments; every vote, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, shall be entered" therein. Simple and concurrent Senate resolutions, when submitted, are printed in full, as well as conference reports.

The legislative Journal and the Executive Journal are printed and bound separately. See “Executive Business and Executive Session," pp. 475-483.

Constitution: Article I, Section 5, Subsection 3

[Journal of Proceedings Kept by Each House]

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Rule III, Paragraph 1

[Journal Read Each Legislative Day]

The Presiding Officer having taken the chair and a quorum being present, the Journal of the preceding day shall be read, and any mistake made in the entries corrected. The reading of the Journal shall not be suspended unless by unanimous consent; and when any motion shall be made to amend or correct the same, it shall be deemed a privileged question, and proceeded with until disposed of.

Rule IV

[Journal and Entries Made Therein]

1. The proceedings of the Senate shall be briefly and accurately stated on the Journal. Messages of the President in full; titles of bills and joint resolutions, and such parts as shall be affected by proposed