December 2018 Numismatic Legislative Review — End of the 115th Congress

It should come as no surprise to anyone that the 115th Congress left unfinished business. As we start the new year, 25-percent of the executive branch does not have the legal funding to operate. Those with leftover funds operated as long as they could but are now closed pending congressional action.

As with previous shutdowns, the U.S. Mint and the Bureau of Engraving and Printing are not affected. Both agencies are self-funded from their profits (seigniorage) which is held in their respective Public Enterprise Funds.

The 115th Congress is constitutionally scheduled to end at 12:00 noon on January 3, 2019, when the 116th Congress will begin. Congress will take up the new funding bills as part of the opening session.

When the new Congress gavels into session, any bill pending from the 115th Congress will be removed from the docket. It will be said that these bills will die in committee.

In reviewing December’s legslation update, there was the passage of one bill:

The Naismith Memorial Basketball Hall of Fame Commemorative Coin Act was sent to the White House for presidential signature on December 19, 2018. The president has ten days to act on the bill. He can sign the bill, which there is no indication that he has, and it becomes law. He could veto the bill to prevent it from becoming law.

But what if he does not sign the bill? If Congress was still in session then the bill automatically becomes law. If Congress adjourned then the bill does not become law. That is called a pocket veto.

Because of the shutdown, Congress did not adjourn while trying to resolve the issue. There were pro forma sessions, meaning that a representative gaveled in the House and Senate only to adjourn for the day. If the president did not sign or veto the bill, it has become public law. However, since the Government Printing Office (GPO), the official publisher of the U.S. government, is closed because of the shutdown, they cannot publish the results of legislation passed or vetoed. Therefore, we do not know whether this bill is now the law.

Previous administrations would announce bill signings in their regular news streams. This White House has chosen to discontinue that practice leaving us at the mercy of the currently closed GPO.

In December, the Senate passed the National Law Enforcement Museum Commemorative Coin Act by a voice vote. Although the bill was sent to the House for consideration it never left the committee and will die in committee when the 116th Congress is gaveled into session.

Finally, Rep. Bruce Poliquin (R-ME), whose district includes Kennebunkport, introduced the President George H. W. Bush and Barbara Bush Dollar Coin Act. Essentially, this would have extended the Presidential $1 Coin program to include President George H.W. Bush and First Lady Barbara Bush. This bill, like many others, died in committee.

A full review of the 115th Congress will be published shortly after the government reopens and the GPO resumes its publishing operations.