[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 1. Adjournment]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
A. Generally; Adjournments of Three Days or Less
Sec. 1. In General
Sec. 2. Adjournment Motions and Requests; Forms
Sec. 3. When in Order; Precedence and Privilege of Motion
Sec. 4. In Committee of the Whole
Sec. 5. Who May Offer Motion; Recognition
Sec. 6. Debate on Motion; Amendments
Sec. 7. Voting
Sec. 8. Quorum Requirements
Sec. 9. Dilatory Motions; Repetition of Motion
B. Adjournments for More Than Three Days
Sec. 10. In General; Resolutions
Sec. 11. Privilege of Resolution
Sec. 12. August Recess
C. Adjournment Sine Die
Sec. 13. In General; Resolutions
Sec. 14. Procedure at Adjournment; Motions
Research References
U.S. Const. art. I, Sec. 5
5 Hinds Sec. Sec. 5359-5388
8 Cannon Sec. Sec. 2641-2648
Deschler-Brown-Johnson Ch 40
Manual Sec. Sec. 82-84, 911-913
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A. Generally; Adjournments of Three Days or Less
Sec. 1 . In General
Types of Adjournments
Adjournment procedures in the House are governed by the House
rules and by the Constitution. There are: (1) adjournments of three
days or less, which are taken pursuant to motion (or by unanimous
consent when only the Chair is present in the chamber) (Sec. 5,
infra); (2) adjournments of more than three days, which require the
consent of the Senate (Sec. 10, infra); and (3) adjournments sine die,
which end each session of a Congress and which require the consent of
both Houses. Adjournments of more than three days or sine die are
taken pursuant to concurrent resolutions. Sec. Sec. 10, 13, infra.
Adjournment Versus Recess
Adjournment is to be distinguished from recess. The House may
authorize a recess under a motion provided in clause 4 of rule XVI.
The Speaker also may declare a recess when no other business is
pending (clause 12(a) of rule I) or when notified of an imminent
threat to the safety of the House (clause 12(b) of rule I). During a
period of recess, the House remains in session. The mace remains in
place on its pedestal, reports may be filed with the Clerk, and bills
may be placed in the hopper. See Recess.
Emergency Convening Authority
During any recess or adjournment of not more than three days, if
the Speaker is notified by the Sergeant-at-Arms of an imminent
impairment of the place of reconvening, then the Speaker may, in
consultation with the Minority Leader, postpone the time for
reconvening within the three-day limit prescribed by the Constitution.
In the alternative, the Speaker, under the same conditions, may
reconvene the House before the time previously appointed solely to
declare the House in recess within that three-day limit. Clause 12(c)
of rule I; Sec. 10, infra.
Sec. 2 . Adjournment Motions and Requests; Forms
Motions
The motion to adjourn authorized by clause 4(a) of rule XVI is in
order in simple form only. 5 Hinds Sec. Sec. 5371, 5372. The form is
as follows:
Member: M_. Speaker, I move that the House do now adjourn.
Note: The motion must be in writing if demanded.
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The proponent of the motion may not include argument in favor of
the adjournment or impose conditions under which it is to be taken. 5
Hinds Sec. 5371; 8 Cannon Sec. 2647. The motion may not be amended to
set forth the day on which the House is to reconvene. Sec. 6, infra.
However, the simple motion to adjourn may be preceded at the Speaker's
discretion by a nondebatable and unamendable motion provided by clause
4(c) of rule XVI that, when the House adjourns, it stand adjourned to
a day and time certain. Manual Sec. 911. This motion is used when the
House wishes to make some change in the day or hour of its next
regularly scheduled meeting. Manual Sec. 621.
Member: M_. Speaker, I move that when the House adjourns today it
stand adjourned to meet at _____(time) on _____(date).
This motion cannot be used to circumvent the constitutional
restriction against adjournments for more than three days without the
consent of the Senate.
Unanimous-Consent Requests
Adjournments of three days or less may be taken pursuant to a
unanimous-consent request:
Member: M_. Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet at __ on __, __ (any time on a
day within three calendar days not including Sundays).
For adjournments of more than three days, see Sec. Sec. 10-12,
infra.
Legislative Days and Calendar Days Distinguished
The duration of a legislative day does not conform to the 24 hours
of a calendar day, nor does a legislative day automatically terminate
by reason of the arrival of the time for a regularly scheduled meeting
of the House. The legislative day continues until terminated by an
adjournment, irrespective of the passage of calendar days. 5 Hinds
Sec. Sec. 6738, 6739. The House has convened and adjourned twice on
the same calendar day pursuant to a motion to fix the day to which the
House shall adjourn, thereby meeting for two legislative days on the
same calendar day. Manual Sec. 913. However, a legislative day cannot
extend into a new Congress or a new session. 96-1, Jan. 3, 1980, p
37774.
Sec. 3 . When in Order; Precedence and Privilege of Motion
The motion to adjourn is a motion of highest privilege and is in
order whenever the floor can be secured. See Manual Sec. 912; 5 Hinds
Sec. Sec. 5359, 5360. Other motions may not intervene between the
motion to adjourn and the vote thereon. 5 Hinds Sec. 5361. The motion
to adjourn is specifically
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given precedence over all other secondary motions permitted by clause
4 of rule XVI, including the motions to lay on the table, for the
previous question, to amend, to refer, or to postpone. Manual
Sec. 911. The motion to adjourn takes precedence over all other
motions because, as Jefferson noted, the House might otherwise be kept
sitting against its will and indefinitely. Manual Sec. 439.
The motion to fix the day and time to which the House shall
adjourn is of equal privilege to the simple motion to adjourn but is
entertained only at the Speaker's discretion. Manual Sec. Sec. 911,
912. The motion to fix the day, if made first, need not give way to
the simple motion. 5 Hinds Sec. 5381.
The motion to adjourn may not interrupt a vote being taken in the
House. 5 Hinds Sec. 5360. However, the motion to adjourn is in order:
Between the putting of the question on a proposition and the
ensuing vote. Manual Sec. 439.
Between the different methods of voting, as between a vote by
division and a vote by yeas and nays. Manual Sec. 439.
After a recorded vote is ordered and before the vote begins. 5
Hinds Sec. 5366.
After a vote has been objected to for lack of a quorum. Manual
Sec. 913.
The motion to adjourn permitted by clause 4 of rule XVI applies
both when a question is ``under debate,'' and when other business is
before the House as well. Manual Sec. Sec. 911, 912. The motion is in
order and takes precedence over the motions delineated in clause 4(a)
of rule XVI and:
The reading of the Journal. 4 Hinds Sec. 2757.
The Speaker's approval of the Journal. Manual Sec. 621.
A motion for a call of the House. 8 Cannon Sec. 2642.
A resolution offered as a question of the privileges of the
House. Manual Sec. 699.
The consideration of an impeachment proceeding. 91-2, Apr. 15,
1970, p 11940.
A motion to reconsider. 5 Hinds Sec. 5605.
A motion to instruct conferees. Manual Sec. 912.
The filing of a privileged report from a committee. Manual
Sec. 912.
The consideration of conference reports. 5 Hinds
Sec. Sec. 6451, 6453.
A report from the Committee of the Whole. 8 Cannon Sec. 2645.
The consideration of a veto message from the President. 4
Hinds Sec. 3523.
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When Not in Order
The motion to adjourn does not take precedence and may not be
entertained:
When another Member holds the floor in debate. Manual
Sec. 912; 5 Hinds Sec. 5360.
During time yielded for a parliamentary inquiry. Deschler-
Brown-Johnson Ch 40 Sec. 3.18.
When the House is voting, such as by the yeas and nays or
other recorded vote. 5 Hinds Sec. 6053.
Pending a vote pursuant to a special order of business
providing for such vote ``without intervening motion.'' 4 Hinds
Sec. Sec. 3211, 3212.
During the presentation of a conference report. 5 Hinds
Sec. 6452.
Pending or during the administration of the oath to a Member.
1 Hinds Sec. 622.
In certain situations, the motion cannot be repeated after one
such motion has been defeated. See Sec. 9, infra. Repetition is not
permitted:
Pending consideration of a report from the Committee on Rules.
Clause 6(b) of rule XIII; 8 Cannon Sec. 2260.
Pending consideration of a motion to suspend the rules. Clause
1(b) of rule XV.
Sec. 4 . In Committee of the Whole
The motion to adjourn is not in order after the House has voted to
resolve into the Committee of the Whole. 4 Hinds Sec. 4728; 5 Hinds
Sec. 5367. The motion is not in order in the Committee of the Whole. 4
Hinds Sec. 4716. It also is not entertained when the Committee of the
Whole rises to report proceedings incident to securing a quorum (8
Cannon Sec. 2436) or when it rises ``informally'' to receive a
message. However, the motion to adjourn is permitted when the House is
meeting as in the Committee of the Whole. 4 Hinds Sec. 4923.
Sec. 5 . Who May Offer Motion; Recognition
The motion to adjourn may be made by any Member (91-1, Oct. 14,
1969, pp 30054-56). The Chair may declare the House adjourned by
unanimous consent when no Member is available. Deschler-Brown-Johnson
Ch 40 Sec. 3.28.
Sec. 6 . Debate on Motion; Amendments
Debate on the simple motion to adjourn is precluded by clause 4(b)
of rule XVI. Manual Sec. 911; 5 Hinds Sec. 5359. Clause 4(c) precludes
debate on
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the motion to fix the day to which the House shall adjourn. Manual
Sec. 911; 5 Hinds Sec. Sec. 5379, 5380. The stricture against debate
on a motion to adjourn includes a prefatory statement leading up to
the motion. Such statement, if made, is not carried in the
Congressional Record. 107-2, Feb. 13, 2002, p 1419.
Unless the House has yet to adopt its customary standing order
that fixes the daily hour of meeting for each day of the week, the
simple motion to adjourn is not subject to amendment. Manual Sec. 585.
Thus, the motion may not be amended by language alluding to the
purpose of the adjournment. Manual Sec. 912. The motion also may not
be amended by language specifying the day (5 Hinds Sec. 5360) or hour
(5 Hinds Sec. 5364) to which adjournment is to be taken. Manual
Sec. 912. Similarly, the separate motion under clause 4(c) of rule XVI
that when the House adjourns it stand adjourned to a day and time
certain also is not subject to amendment. An older precedent (5 Hinds
Sec. 5754) indicating otherwise predates the 1973 change in clause
4(c) of rule XVI, which enabled the motion at the Speaker's
discretion. See Manual Sec. 911.
Sec. 7 . Voting
The vote on a motion to adjourn may be taken by any of the voting
methods authorized by the House rules, including a division vote or a
vote by the yeas and nays. 99-1, Dec. 20, 1985, p 38733; 88-2, Feb. 8,
1964, pp 2616, 2639. The adoption of a resolution providing for
adjournment sine die on a day certain does not preclude a demand for
the yeas and nays on the motion to adjourn on that day. 87-1, Sept.
27, 1961, p 21528. A negative vote on a motion to adjourn is not
subject to the motion to reconsider. 5 Hinds Sec. Sec. 5620, 5622; see
also Reconsideration.
Sec. 8 . Quorum Requirements
A quorum is required for a motion to fix the time of adjournment
to a day and time certain. Manual Sec. 913.
The simple motion to adjourn may be agreed to notwithstanding the
absence of a quorum. See Manual Sec. Sec. 52, 1025. Indeed, no motion
is in order in the absence of a quorum except to adjourn or for a call
of the House. 4 Hinds Sec. Sec. 2950, 2951, 2988; 6 Cannon
Sec. Sec. 680, 682. The motion to adjourn is in order on failure of a
quorum, even where the House is operating under a special order of
business requiring the consideration of the pending business. 5 Hinds
Sec. 5365.
The motion to adjourn takes precedence over a motion for a call of
the House. Sec. 3, supra. In one instance, following a point of order
that a quorum
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was not present, and before the Chair so ascertained, a Member moved a
call of the House while another Member immediately moved to adjourn.
The Chair recognized for the more privileged motion. 88-1, June 12,
1963, p 10739.
It is not in order to demand an ``automatic'' roll call under
clause 6 of rule XX on an affirmative vote on a simple motion to
adjourn because that motion may be agreed to by less than a quorum.
Manual Sec. 1025. However, a vote by the yeas and nays in such a case
would be in order, if demanded by one-fifth of those present, no
quorum being required. Manual Sec. Sec. 75, 76. Where the vote on an
adjournment is decided in the negative, and a point of order that a
quorum is not present is sustained, an ``automatic'' roll call on the
motion then occurs under clause 6 of rule XX. 100-1, Nov. 2, 1987, pp
30386-90; Deschler-Brown-Johnson Ch 40 Sec. 3.8.
Member: I move that the House do now adjourn.
Speaker: On this vote (by division, or by voice) the noes have it.
Member: I make a point of order that a quorum is not present and
(pursuant to clause 6 of rule XX) I object to the vote on the ground
that a quorum is not present.
Speaker: A quorum is not present, and the yeas and nays are
ordered. Members will record their votes by electronic device.
Although a motion to adjourn is in order pending a point of order
that a quorum is not present, it is not entertained after the Clerk
has begun to call the roll. 5 Hinds Sec. 5366; 86-2, June 3, 1960, p
11828. After the call has been completed, the motion to adjourn is
again in order; and it is not necessary that the Chair announce that a
quorum has failed to respond before entertaining the motion. 91-1,
Oct. 14, 1969, pp 30054-56.
Sec. 9 . Dilatory Motions; Repetition of Motion
Clause 1 of rule XVI, which precludes the Speaker from
entertaining dilatory motions, is applicable to motions to adjourn.
Manual Sec. 903. Although of the highest privilege, the motion to
adjourn is not in order when offered for purposes of delay or
obstruction. 5 Hinds Sec. Sec. 5721, 5731; 8 Cannon Sec. Sec. 2796,
2813. On one occasion, a point of order was sustained against the
motion where a House rule gave the Speaker the discretion to recognize
for a motion to adjourn. 8 Cannon Sec. 2822.
The motion to adjourn, once disposed of, may ordinarily be
repeated, but not until after intervening business, such as debate, a
decision of the Chair on a question of order, or the ordering of the
yeas and nays. Manual Sec. 912; 5 Hinds Sec. Sec. 5373, 5374, 5376-
5378; 8 Cannon Sec. 2814.
In some cases the rules specifically provide that only one motion
to adjourn is to be permitted. This restriction applies during the
consideration of
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certain reports from the Committee on Rules and during the
consideration of motions to suspend the rules. Manual Sec. Sec. 858,
890; Sec. 3, supra. In such cases the motion to adjourn--once having
been rejected--may not again be entertained until the pending matter
has been disposed of. 5 Hinds Sec. Sec. 5740, 5741. However, if a
motion to adjourn is made and rejected, and a quorum then fails, a
second motion to adjourn is admitted. 5 Hinds Sec. Sec. 5744-5746.
B. Adjournments for More Than Three Days
Sec. 10 . In General; Resolutions
House-Senate Action
Under article I, section 5, clause 4 of the Constitution, neither
House can adjourn (or recess) for more than three days without the
consent of the other. The consent of both Houses is required even when
the adjournment is sought by only one House. Manual Sec. 84. In
calculating the three days, either the day of adjourning or the day of
meeting (excluding Sundays) must be taken into the count. Manual
Sec. 83; 5 Hinds Sec. 6673. Thus, the House can adjourn by motion from
Thursday to Monday, or from Friday to Tuesday, because Sunday is a
dies non. However, it cannot, for example, adjourn from Monday to
Friday without the Senate's assent. Consistent with this requirement,
the House has authorized the Speaker to declare the House in recesses
subject to calls of the Chair during discrete periods, each not more
than three days. Manual Sec. 83.
Adjournments for more than three days are provided for by
concurrent resolution. The resolution may provide for the adjournment
of one House or of both Houses. Manual Sec. 84. Senate concurrent
resolutions for adjournment are laid before the House by the Speaker
as privileged. 101-1, Mar. 16, 1989, p 4480. Whether originating in
the House or Senate, such concurrent resolutions are not debatable and
require a quorum for adoption. Manual Sec. 84.
The concurrent resolution is generally offered by the Majority
Leader or a designee:
Member: M_. Speaker, I send to the desk a privileged concurrent
resolution and ask for its immediate consideration.
The resolution may set forth the times at which the adjournment is
to begin and end, but frequently the resolution will provide optional
dates so as to give each House some discretion in determining the
exact period of adjournment. Manual Sec. 84. Recent resolutions have
provided for one period of adjournment of the House and a different
period for the Senate. Thus,
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the resolution may provide for an adjournment of the House for more
than three days to a day certain, and a recess of the Senate for more
than three days to a day certain as subsequently determined by the
Senate before recessing. Manual Sec. 84. For a discussion of the
authority of the President to determine the period of adjournment when
the two Houses are unable to agree with respect thereto, see Manual
Sec. 171; for convening, see Assembly of Congress.
Conditional Adjournments; Recall Provisos
An adjournment resolution may include various conditions or
provisos, such as that the Senate shall adjourn pursuant to the
resolution after it has disposed of a certain bill. Manual Sec. 84;
95-2, June 29, 1978, p 19466.
A concurrent resolution adjourning both Houses for more than three
days, or sine die, normally includes authority for the Speaker and the
Majority Leader of the Senate, acting jointly, to reassemble the
Members whenever the public interest shall warrant it. Manual Sec. 84.
Recently, such recall authority has allowed the respective designees
of the Majority Leader and the Speaker to so reassemble. It has also
allowed reassembly at such place as may be designated. Deschler-Brown-
Johnson Ch 40 Sec. 2.2. In the 108th Congress, the two Houses granted
anticipatory consent to assemble the 108th Congress at a place outside
the District of Columbia whenever the public interest shall warrant
it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p 21; see also Manual
Sec. 82a. A concurrent resolution also may provide for the sine die
adjournment of one House following a single House recall. Manual
Sec. 84.
The House has entered an order authorizing the Speaker or a
designee, during any recess or adjournment of not more than three
days, to reconvene the House at a time other than that previously
appointed, within the limits of clause 4, section 5, article I of the
Constitution, based on a determination that the public interest so
warrants and after consultation with the Minority Leader. 112-1, H.
Res. 479, Dec. 6, 2011, p __.
Amendments; Voting
Adjournment resolutions originating in one House are subject to
amendment by the other. 95-2, June 29, 1978, p 19466; 95-2, Aug. 17,
1978, p 26794. Such an amendment is not in order after the previous
question is ordered (except pursuant to a motion to commit with proper
instructions). 96-2, Oct. 1, 1980, p 28576. Voting on the motion may
be by voice, division, or any of the methods of voting established by
rule XX or by article I, section 5 of the Constitution.
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Sec. 11 . Privilege of Resolution
A concurrent resolution providing for an adjournment of the House
or of the Senate (or of both Houses) is privileged. Manual Sec. 84; 5
Hinds Sec. 6701. The resolution is privileged even though it provides
for an adjournment of the two Houses to different days certain. 93-2,
Apr. 11, 1974, p 10775. An adjournment resolution remains privileged,
despite its inclusion of additional matter, so long as such additional
matter would be privileged in its own right. For example, an
adjournment resolution including a declaration asserted as a question
of the privileges of the House relating to the ability of the House to
receive veto messages during the adjournment retains its privilege.
101-1, Nov. 21, 1989, p 31156. An adjournment resolution including a
provision establishing an order of business for the following session
of the Congress was not considered privileged. 102-1, Nov. 26, 1991, p
35840.
Amendments of the Senate to adjournment resolutions are privileged
in the House. 97-2, Feb. 10, 1982, p 1471.
A House concurrent resolution providing for an adjournment may be
subject to a point of order if the House is not in compliance with
sections 309 or 310(f) of the Congressional Budget Act, which preclude
such resolutions until the House has approved its regular
appropriation bills and completed action on any required
reconciliation legislation. Manual Sec. 1127; 108-2, June 25, 2004, p
14153. However, these provisions of the Act may be waived by unanimous
consent or by adoption of a resolution reported by the Committee on
Rules. See, e.g., 101-1, June 23, 1989, p 13271.
Sec. 12 . August Recess
The Legislative Reorganization Act of 1946 provides that unless
otherwise provided by Congress, the two Houses shall either (a)
adjourn sine die by July 31 of each year, or (b) in odd-numbered
years, adjourn in August (for a specified period) pursuant to a
concurrent resolution adopted by roll call vote in each House. 2 USC
Sec. 198. The House has not adjourned sine die by July 31 under this
Act for many years, and the provisions in the Act to that effect have
been routinely waived by concurrent resolution, thereby permitting the
two Houses to continue in session. Manual Sec. Sec. 1106, 1106a. In
the absence of such a resolution, a simple motion to adjourn, made at
the conclusion of business on July 31, is in order and would permit
the House to meet on the following day. Manual Sec. 1106a.
The House and Senate may adopt a concurrent resolution adjourning
in August in an odd-numbered year as specified by the Act. Such a
resolution is called up as privileged, requires a yea and nay vote for
adoption, and
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is not debatable. Manual Sec. 1106a. Concurrent resolutions waiving
the provisions of the Act are not privileged and have been called up
by unanimous consent (Deschler-Brown-Johnson Ch 40 Sec. 12.4) or by
resolution reported by the Committee on Rules (105-1, July 31, 1997, p
17018).
C. Adjournment Sine Die
Sec. 13 . In General; Resolutions
Adjournments sine die (literally, without day) are used to
terminate the sessions of a Congress, and are provided for by
concurrent resolution. A session terminates automatically at the end
of the constitutional term. See 96-1, Jan. 3, 1980, p 37774; 104-1,
Jan. 3, 1996, p 38609. Adjournment resolutions may be offered from the
floor as privileged. 5 Hinds Sec. 6698.
The resolution is not debatable. 8 Cannon Sec. Sec. 3371-3374.
However, a Member may be recognized during its consideration under a
reservation of objection to a unanimous-consent request. Manual
Sec. 84. It requires a quorum for adoption. 92-2, Oct. 18, 1972, p
37061.
A sine die resolution may specify the particular legislative or
calendar day of adjournment or may specify alternate dates. Sine die
adjournment in the latter case is effected by a motion offered
pursuant to the resolution. Manual Sec. 84. Sine die resolutions may
be amended to provide for an adjournment on a date other than that
specified. 98-2, Oct. 11, 1984, p 32314. The resolution need not
specify the date of convening because, under section 2 of the 20th
amendment to the Constitution, a regular session of a Congress
automatically begins at noon on January 3 of every year unless
Congress sets a different date by law. Manual Sec. 242; 96-2, Jan. 3,
1980, p 3.
Under clause 1(o) of rule X, the Committee on Rules has
jurisdiction of matters relative to final adjournment of Congress.
Manual Sec. 733.
The time of adjournment sine die having been fixed by concurrent
resolution, the House may not finally adjourn before that time. 5
Hinds Sec. 6714. However, a sine die resolution may be recalled prior
to action thereon by the other House. 5 Hinds Sec. 6699. Also, it is
subject to rescission by a subsequent concurrent resolution. 5 Hinds
Sec. 6700. A resolution rescinding an order for adjournment sine die
is open to amendment, and an amendment assigning a new date is
germane. 5 Hinds Sec. 5920. For waivers of statutory provision as to
adjournment sine die on July 31, see Sec. 12, supra.
Under the current practice, sine die adjournment resolutions
normally contain House-Senate leadership recall authority. For a
discussion of recall authority generally, see Sec. 10, supra.
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The House customarily authorizes the Speaker to appoint a
committee to notify the President of the completion of business and
the intention of the two Houses to adjourn sine die unless the
President has some further communication to make. 100-1, Dec. 21,
1987, p 37618. This committee is usually composed of the Majority and
Minority Leaders of the House, and joins a similar committee appointed
by the Senate. 106-1, Nov. 18, 1999, p 30735.
Sec. 14 . Procedure at Adjournment; Motions
The House may adjourn at the time specified in the adjournment
resolution even though other business, such as a roll call, may be
pending. 5 Hinds Sec. Sec. 6325, 6719, 6720. Adjournment sine die can
occur notwithstanding the absence of a quorum if both Houses have
adopted a concurrent resolution providing for sine die adjournment on
that day. Manual Sec. 55; 5 Hinds Sec. 6721.
A motion to adjourn may invoke a concurrent resolution that gives
it particular meaning on the instant day. The motion is offered
pursuant to the concurrent resolution:
M_. Speaker, pursuant to House Concurrent Resolution __, __th
Congress, I move that the House do now adjourn.
The yeas and nays may be ordered on this motion. The adoption of a
concurrent resolution providing for adjournment sine die on a day
certain does not preclude a demand for the yeas and nays on the motion
to adjourn on that day. 87-1, Sept. 27, 1961, p 21528.