[Deschler-Brown Precedents, Volume 15, Chapter 31]
[Chapter 31. Points of Order; Parliamentary Inquiries]
[A. Points of Order]
[Â§ 12. Relationship of Quorum Requirements to Points of Order]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 12369-12388]
 
                               CHAPTER 31
 
                Points of Order; Parliamentary Inquiries
 
                           A. POINTS OF ORDER
 
Sec. 12. Relationship of Quorum Requirements to Points of Order

    Since 1974, the House has altered the rules regarding enforcement 
of the constitutional requirement that a quorum--a majority of the 
House-must be present to do business.(17) The first, and 
most notable, change is that a quorum is not required for mere debate; 
and the Chair is not permitted to recognize for a point of no quorum 
unless the pending question has been put.(18) Both the 
Speaker and the Chairman of a Committee of the Whole have a limited 
discretion, under the new procedures, to entertain a proper motion to 
obtain a quorum by recognizing for a motion for a call of the House or, 
in Committee, to recognize for a point of no quorum and invoke a call 
of the Committee.(19) Once a quorum of the Committee has 
been established on a day, the Chair is restricted in

[[Page 12370]]

recognizing for another point of no quorum unless the Committee is 
operating under the five-minute rule and the question has been put on a 
pending question or motion. When a question is put, and is 
pending,(20) the lack of a quorum, if the point is raised, 
takes precedence over a demand for a record vote.(1) The 
concept of when there is a ``pending motion or proposition'' (the 
condition specified in Rule XXIII clause 2(a)) has been the focus of 
several decisions.(2)
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17. See U.S. Const. art. I, Sec. 5, House Rules and Manual Sec. 52; see 
        also, Rule XV cl. 6, Sec. 774c (1997).
18. See Ch. 20, supra; see also Sec. 12.16, infra.
19. See Rule XXIII cl. 2(a), House Rules and Manual Sec. 863 (1997).
20. See Sec.  12.6, infra.
 1. See Sec. Sec.  12.1, 12.8, 12.11, 12.13, infra.
 2. See Sec. Sec.  12.7, 12.8, 12.10, infra.
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    When the lack of a quorum has been declared by the Speaker or 
Chairman, no business can be conducted (other than a motion to adjourn 
or to rise) until a quorum is reestablished.(3) If a 
recorded vote is refused, the requisite second not having risen to be 
counted, the demand for a recorded vote cannot then be renewed, 
although a division can still be requested.(4)
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 3. See Sec. Sec.  12.4, 12.5, 12.17, infra.
 4. See Sec.  12.9, infra.
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    The current practice has been challenged on several occasions by 
points of order.(5) An appeal has been unsuccessfully taken 
from the Chair's decision that the new rules were consistent with the 
House's constitutional authority to make its own rules.(6)
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 5. See Sec. 12.2, infra.
 6. See Sec. 12.3, infra.
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Precedence of Point of No Quorum

Sec. 12.1 In Committee of the Whole, where there is a demand for a 
    recorded vote and a point of order that a quorum is not present, 
    the point of order must be disposed of first, and once a quorum is 
    ascertained, the pending business is then the demand for a recorded 
    vote.

    On Mar. 14, 1975,(7) where the Committee of the Whole 
had under consideration the Surface Mining and Reclamation Act, the 
Chair announced that the ayes appeared to prevail on a voice vote on 
the pending amendment. The proceedings and inquiries which eventually 
led to a record vote on the amendment were as follows:
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 7. 121 Cong. Rec. 6707, 6708, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Chairman: (8) The question is on the amendment 
    offered by the gentleman from Ohio (Mr. Seiberling).
---------------------------------------------------------------------------
 8. Neal Smith (Iowa).
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        The question was taken; and the Chairman announced that the 
    ayes appeared to have it.
        Mr. [Sam] Steiger of Arizona: Mr. Chairman, on that I demand a 
    re

[[Page 12371]]

    corded vote and make the point of order that a quorum is not 
    present.
        The Chairman: The Chair will count.
        Mr. Steiger of Arizona: I am told, Mr. Chairman, that you are 
    not honoring my point of order that a quorum is not present.
        The Chairman: The Chair has counted 21 Members to this point.
        Mr. Steiger of Arizona: Mr. Chairman----
        The Chairman: The Members will be seated. The Chair is counting 
    for a quorum.
        Mr. Steiger of Arizona: Mr. Chairman, another point of order. I 
    do not want to confuse anyone here. I would ask the Chair this: Is 
    it true that if 21 Members are standing, that is a sufficient 
    number on which to base a rollcall vote and we would then avoid the 
    necessity of demanding a quorum? It obviously is not here anyway.
        The Chairman: Is the gentleman from Arizona withdrawing his 
    point of no quorum?
        Mr. Steiger of Arizona: No. I am just asking, if there are 21 
    Members who responded to my demand for a rollcall, which I coupled 
    very cleverly with a point of order that a quorum was not present, 
    that is sufficient if 20 were standing, but the Chair announced 
    that 21 were standing.
        The Chairman: The point of no quorum must be disposed of first.
        Mr. Steiger of Arizona: Even though the demand preceded the 
    point of order?

        The Chairman: Yes.
        Mr. Steiger of Arizona: This is very interesting. I want all 
    the Members to remember that.
        Mr. [Morris K.] Udall [of Arizona]: Mr. Chairman, if the 
    gentleman will yield, I ask him to withdraw it and I will support 
    his request for a vote and we will thereby save time.
        Mr. Steiger of Arizona: All right. I think it is going to work 
    out.
        The Chairman: Sixty-eight Members are present, evidently not a 
    quorum.
        The Chair announces that he will vacate proceedings under the 
    call when a quorum of the committee appears.
        Members will record their presence by electronic device.
        The call was taken by electronic device.

Points of No Quorum Under New Rule

Sec. 12.2 Pending consideration of motions to suspend the rules, the 
    Speaker ruled: (1) that clause 6(e) prohibits a Member from making 
    or the Chair from entertaining a point of no quorum in the House 
    when a pending question has not been put to a vote; (2) that a 
    point of order of no quorum during debate in the House would not 
    lie independently under the Constitution (article I, section 5) 
    since clause 6(e), Rule XV, is a proper exercise of the House's 
    rulemaking authority and can be construed consistently with the 
    constitutional requirement that a quorum be present to con

[[Page 12372]]

    duct business; (3) and that under the same clause, the Speaker is 
    authorized, at his discretion, to recognize a Member for a call of 
    the House.

    On Sept. 12, 1977,(9) Speaker Thomas P. O'Neill, Jr., of 
Massachusetts, faced a somewhat similar situation, on a day when 
suspension motions were in order. The Speaker had announced his 
intention to postpone suspension votes, and in response to a point of 
order and a parliamentary inquiry, he clarified the application of 
clause 6(e).
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 9. 123 Cong. Rec. 28800, 28801, 95th Cong. 1st Sess.
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        The Speaker: The Chair desires to make an announcement.
        Pursuant to the provisions of clause 3(b) of rule XXVII, the 
    Chair announces that he will postpone further proceedings today on 
    each motion to suspend the rules on which a recorded vote or the 
    yeas and nays are ordered, or on which the vote is objected to 
    under clause 4 of rule XV.
        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, a point of 
    order.
        Mr. Speaker, I move a call of the House, since there is not a 
    quorum present and not even close to a quorum present.
        The Speaker: The gentleman is aware of the rule of the House 
    that the Chair cannot recognize the gentleman for a point of no 
    quorum unless there is a pending question being put to a vote. . . 
    .
        There is no question or business being put to a vote at the 
    moment, so under clause 6 of rule XV the gentleman's point is not 
    well taken. . . .
        Mr. [Robert E.] Bauman [of Maryland]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Bauman: Mr. Speaker, the gentleman from Ohio (Mr. Ashbrook) 
    has just pointed out the fact that there are possibly less than 50 
    Members present on the floor at this point. He made the further 
    point that the Constitution, article I, section 5, requires that 
    the House have a quorum at all times to do business. We are in the 
    full House. We are not in the Committee of the Whole. I raise again 
    the question whether or not the House can conduct its business for 
    4 or 5 hours today on 13 separate bills under suspension without 
    having a majority of the membership here and recorded present.
        I think any legislation we act upon could be challenged in 
    court as not having been considered by a quorum, and a quorum is 
    not here.
        Also I am under the impression that rule XV requires or permits 
    at least one quorum call to establish a quorum at the opening of 
    each day's session.
        The Speaker: With regard to the gentleman's statement, the 
    Constitution does require what the gentleman says--a quorum to do 
    business. The rules of the House reflect this requirement. But 
    under the circumstances, the Chair will recognize a Member to move 
    a call of the House.
        Mr. [Morris K.] Udall [of Arizona]: Mr. Speaker, I move a call 
    of the House.

[[Page 12373]]

        A call of the House was ordered.
        The call was taken by electronic device . . . .

Sec. 12.3 The Speaker's refusal to entertain a point of order of no 
    quorum when there is no pending question being put to a vote is not 
    subject to an appeal, since Rule XV clause 6(e) states an absolute 
    prohibition against the Chair's entertaining such a point of order 
    and to allow an appeal would permit a direct change in that rule.

    The Speaker Pro Tempore, Ms. Barbara Jordan, of Texas, refused to 
entertain an appeal in this case since the rule involved leaves no 
discretionary interpretation to the Chair. The proceedings of Sept. 16, 
1977,(10) are shown below.
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10. 123 Cong. Rec. 29594, 95th Cong. 1st Sess.
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        Mr. [J. William] Stanton [of Ohio]: Madam Speaker, I yield 2 
    minutes to the gentleman from Ohio (Mr. Wylie), a very 
    distinguished and important member of our committee.
        Mr. [John M.] Ashbrook [of Ohio]: Madam Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker Pro Tempore: The Chair will inform the gentleman 
    from Ohio (Mr. Ashbrook) that the point of order is not in order at 
    this time under rule XV, clause 6(e).
        Mr. Ashbrook: Madam Speaker, I appeal the ruling of the Chair.
        The Speaker Pro Tempore: The Chair will inform the gentleman 
    that is not an appealable ruling. The rule contains an absolute 
    prohibition against a Member making or the Chair entertaining such 
    a point of order at this time, leaving no interpretive authority in 
    the Chair and no authority to recognize for such a point of order. 
    The rule itself, and not the ruling of the Chair, governs in this 
    situation. To permit an appeal would be tantamount to permitting a 
    direct change in the rule itself.

Withdrawal of Point of Order After Absence of Quorum Is Announced

Sec. 12.4 A point of order that a quorum is not present may not be 
    withdrawn, even by unanimous consent, after the Chair has announced 
    the absence of a quorum.

    Once the absence of a quorum has been ascertained and announced, no 
business, even by unanimous consent, can be conducted. Only two options 
remain: to adjourn or to secure a quorum. An instance where the latter 
option was exercised is excerpted from the Sept. 21, 
1977,(11) proceedings as shown below.
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11. 123 Cong. Rec. 30083, 95th Cong. 1st Sess.
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        The Chairman: (12) The question is on the amendment 
    offered by the gen

[[Page 12374]]

    tleman from Pennsylvania (Mr. Coughlin).
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12. Barbara Jordan (Tex.).
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        The question was taken; and on a division (demanded by Mr. 
    Coughlin) there were--ayes 13, noes 19.
        Mr. [R. Lawrence] Coughlin [of Pennsylvania]: Madam Chairman, I 
    demand a recorded vote, and pending that, I make the point of order 
    that a quorum is not present.
        The Chairman: Evidently a quorum is not present.
        Mr. Coughlin: Madam Chairman, if I can get a recorded vote, I 
    will withdraw my point of order.
        The Chairman: The Chair had announced that a quorum is not 
    present and the gentleman may not withdraw his request at this 
    time.
        Mr. Coughlin: Madam Chairman, I ask unanimous consent to 
    withdraw my request.
        The Chairman: The Chair will advise the gentleman that he 
    cannot withdraw his request even by unanimous consent.
        The Chair announces that pursuant to clause 2, rule XXIII, she 
    will vacate proceedings under the call when a quorum of the 
    Committee appears. Members will record their presence by electronic 
    device.
        The call was taken by electronic device.
        The Chairman: One hundred Members have appeared. A quorum of 
    the Committee of the Whole is present. Pursuant to rule XXIII, 
    clause 2, further proceedings under the call shall be considered as 
    vacated.
        The Committee will resume its business.

                               recorded vote

        The Chairman: The pending business is the demand of the 
    gentleman from Pennsylvania (Mr. Coughlin) for a recorded vote.
        A recorded vote was ordered.

Motion To Rise in Absence of Quorum

Sec. 12.5 The motion that the Committee of the Whole rise is in order 
    pending a point of no quorum and a request for a recorded vote, 
    since the motion to rise does not require the presence of a quorum.

    Where the Committee of the Whole rose after a point of no quorum 
had been made on Jan. 28, 1980,(13) the Chair announced that 
the pending request for a recorded vote would be before the Committee 
when it resumed its sitting.
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13. 126 Cong. Rec. 898, 96th Cong. 2d Sess.
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        The Chairman: (14) The question is on the amendment 
    offered by the gentleman from Illinois (Mr. Michel).
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14. Matthew F. McHugh (N.Y.).
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        The question was taken; and the Chairman announced that the 
    noes appeared to have it.
        Mr. [Robert W.] Edgar [of Pennsylvania]: Mr. Chairman, I demand 
    a recorded vote, and pending that, I make the point of order that a 
    quorum is not present.
        Mr. [Ray] Roberts [of Texas]: Mr. Chairman, I move that the 
    Committee do now rise.

[[Page 12375]]

        The motion was agreed to.
        Mr. Edgar: Mr. Chairman, a point of order.
        The Chairman: The gentleman will state his point of order.
        Mr. Edgar: Mr. Chairman, does that make in order at the opening 
    of tomorrow morning's session the vote, lacking a quorum at this 
    time?
        The Chairman: The Chair will put the question for a recorded 
    vote when the Committee of the Whole reconvenes.
        Mr. Edgar: I thank the Chair.

Right of Member To Make a Point of No Quorum

Sec. 12.6 A point of no quorum can be made only when a question is 
    pending; and where the vote on a suspension motion is objected to 
    on the ground that a quorum is not present and is then postponed, 
    there is no longer a question before the House and the point of no 
    quorum ``is considered as withdrawn.''

    On Sept. 24, 1979,(15) the Speaker Pro Tempore stated 
the pending business as shown and the proceedings that follow indicate 
one more skirmish in the battle over Rule XV clause 6(e).
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15. 125 Cong. Rec. 25876, 96th Cong. 1st Sess.
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        The Speaker Pro Tempore: (16) The question is on the 
    motion offered by the gentleman from Alabama (Mr. Nichols) that the 
    House suspend the rules and pass the bill, H.R. 5168.
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16. John J. Cavanaugh (Nebr.).
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        The question was taken.
        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were refused.
        Mr. Ashbrook: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: Pursuant to clause 3 of rule XXVII and 
    the Chair's prior announcement, further proceedings on this motion 
    will be postponed.
        Mr. Ashbrook: Mr. Speaker, I insist on my point of order.
        The Speaker Pro Tempore: The point of order is considered 
    withdrawn.
        The question is no longer pending.
        Mr. Ashbrook: Mr. Speaker, I move a call of the House.
        The Speaker Pro Tempore: The Chair did not recognize the 
    gentleman for that purpose.

What Is a ``Pending Question'' Which Permits Point of No Quorum

Sec. 12.7 The Chair may not entertain a point of no quorum pending a 
    request that a committee be permitted to sit during the five-minute 
    rule, since the requirement of Rule XV clause 6(e) that a question 
    be pending before a point of no quorum can be made has not been 
    met.

[[Page 12376]]

    On June 18, 1980,(17) the Speaker Pro Tempore did not 
entertain a point of no quorum in circumstances where no question was 
being put to a vote. The circumstances are set forth herein.
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17. 126 Cong. Rec. 15316, 15317, 96th Cong. 2d Sess.
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        Mr. [Thomas N.] Kindness [of Ohio]: Mr. Speaker, I ask 
    unanimous consent that the Committee on the Judiciary be permitted 
    to sit today and tomorrow during the 5-minute rule for 
    consideration of the criminal code.

        The Speaker Pro Tempore: (18) Is there objection to 
    the request of the gentleman from Ohio?
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18. Marty Russo (Ill.).
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        Mr. [John M.] Ashbrook [of Ohio]: Mr. Speaker, reserving the 
    right to object, the gentleman from Wisconsin (Mr. Sensenbrenner) 
    has requested that I object. I am bound to object, and I indeed 
    will object.
        The Speaker Pro Tempore: Those Members objecting please 
    rise.(19)
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19. The prohibition against committees sitting during the five-minute 
        rule if ten or more Members rendered objections was dropped 
        from Rule XI in the 105th Congress.
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        Messrs. Ashbrook, Bauman, Devine, Myers of Indiana, Rousselot, 
    and Hansen rose.
        The Speaker Pro Tempore: An insufficient number of Members have 
    arisen.
        Mr. [Robert E.] Bauman [of Maryland]: Mr. Speaker, I object to 
    the Chair's ruling on the ground that a quorum is not present.
        The Speaker Pro Tempore: The request is not a motion or 
    proposition put by the Chair to a vote.
        Mr. Bauman: Mr. Speaker, I make a point of order that under the 
    Constitution the requirement is that a quorum be present to do any 
    business of the House. A quorum is not present at this time, and 
    the request for permission to sit for a committee is business being 
    conducted in the absence of a quorum.

                             Call of the House

        Mr. Bauman: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members responded to their names: . . .
        The Speaker Pro Tempore: On this rollcall, 362 Members have 
    recorded their presence by electronic device, a quorum.
        Under the rule, further proceedings under the call are 
    dispensed with.

    request for permission for committee on the judiciary to sit today 
                 and thursday, june 19, under 5-minute rule

        Mr. Bauman: Mr. Speaker, I renew my point of order.
        The Speaker Pro Tempore: The gentleman will state his point of 
    order.
        Mr. Bauman: Mr. Speaker, I renew my point of order.
        The Speaker Pro Tempore: There is no point of order. The Chair 
    will state that under the rules of the House, the request that was 
    made was not subject to a point of order of a quorum not being 
    present because such a request in the House does not require the 
    presence of a quorum, as nothing is being put to a vote.
        The gentleman then moved a call of the House. The Chair was not 
    given an

[[Page 12377]]

    opportunity to count the House at that time, so we can presume a 
    quorum present. A quorum now being present, there is no point of 
    order that lies at this time.
        Mr. Bauman: Mr. Speaker, I make a point of order that the 
    request was not in order and could not be granted unless a quorum 
    was present at that time. I made the point of order at the time the 
    request was ruled upon by the Chair, that the ruling was not 
    correct, that a quorum had to be here because the Constitution 
    requires a quorum at all times to do business, and a request for 
    the committee to sit is business.
        If I may be heard further, if it is the Chair's position that a 
    quorum is not required, requests for committees to sit can be made 
    at any time, after special orders, at any time of the day, to the 
    disadvantage of Members, and, therefore, preclude the right of 
    Members to exercise their power to prevent a committee from 
    sitting.
        The Speaker Pro Tempore: In response to the gentleman, under 
    the rules of the House, the Chair is not permitted to entertain a 
    point of order, because such a request is not a motion or 
    proposition being put to a vote and the rule does not provide that 
    the Chair can entertain such a request.
        The request was made. The Chair asked whether or not any Member 
    objected. Ten Members did not stand, permission was granted. The 
    gentleman then made a point of order. The Chair, under the rules, 
    cannot entertain such a point of order at the particular time. The 
    Chair in the past has used its discretion in not accepting requests 
    for committees to sit when such requests are made during special 
    orders. The Chair will continue to exercise that discretion.

                           parliamentary inquiry

        Mr. Bauman: Mr. Speaker, I have a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state his 
    parliamentary inquiry.
        Mr. Bauman: Is it the Chair's position that a quorum of the 
    House is not required at any time when a request for a committee to 
    sit is made?
        The Speaker Pro Tempore: The rules do not permit a point of no 
    quorum at that particular point. The Chair has so stated.
        Mr. Bauman: I renew my parliamentary inquiry, Mr. Speaker.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Bauman: The question is not whether the rules of the House 
    permit a point of no quorum. I am inquiring of the Chair whether or 
    not a quorum is required to be present when a request for a 
    committee to sit is made.
        The Speaker Pro Tempore: The Chair will state again that the 
    Chair does not interpret the Constitution when there is an explicit 
    House rule on point. The Chair has already twice given the 
    gentleman his interpretation of the rules of the House.

When Question Is ``Pending'' To Permit Point of No Quorum

Sec. 12.8 As long as the Chair has put the question on the pending 
    proposition but has not announced the final re

[[Page 12378]]

    sult there on, any Member can make a point of order that a quorum 
    is not present, and a Member is not required to have been on his 
    feet when another Member made the point of order and then withdrew 
    it.

    Mr. Richardson Preyer, of North Carolina, was presiding as Chairman 
of the Committee of the Whole on Aug. 20, 1980,(20) when he 
announced that on a division vote, an amendment was agreed to. The 
division showed that a quorum of the Committee did not vote and the 
proceedings were as indicated herein.
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20. 126 Cong. Rec. 22149, 96th Cong. 2d Sess.
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        The Chairman: The question is on the amendment offered by the 
    gentleman from Pennsylvania (Mr. McDade).
        The question was taken; and on a division (demanded by Mr. 
    McDade) there were--ayes 36, noes 22.
        Mr. [Allen E.] Ertel [of Pennsylvania]: Mr. Chairman, I demand 
    a recorded vote, and pending that I make the point of order that a 
    quorum is not present.
        The Chairman: The gentleman asks for a recorded vote.
        Mr. Ertel: Mr. Chairman, I withdraw my request for a recorded 
    vote.
        Mr. [Robert] Garcia [of New York]: Mr. Chairman, just a 
    parliamentary inquiry.
        Am I in a position to make mention that a quorum is not 
    present?
        Mr. Chairman, I withdraw the request.
        Mr. [Henry B.] Gonzalez [of Texas]: Mr. Chairman, I demand a 
    recorded vote, and I make the point of order that a quorum is not 
    present.
        Mr. [Richard L.] Ottinger [of New York]: A point of order, Mr. 
    Chairman.
        The Chairman: The gentleman, if he wishes to demand a vote, may 
    do so.
        Mr. Gonzalez: A point of order, Mr. Chairman.
        The Chairman: The gentleman has the right to ask for a recorded 
    vote or make the point of order that a quorum is not present.
        Mr. Ottinger: Mr. Chairman, a point of order.
        The Chairman: The gentleman from New York (Mr. Ottinger) will 
    state his point of order.
        Mr. Ottinger: The point of order, Mr. Chairman, is that the 
    gentleman was not on his feet to make such a request at the 
    appropriate time.
        The Chairman: The Chair will state that the gentleman was 
    relying on another gentleman being on his feet and making the point 
    of order, and he would have the right under these circumstances to 
    renew the point of order, since the Chair has not finally announced 
    the result of the vote.
        Mr. Gonzalez: Mr. Chairman, I demand a recorded vote, and 
    pending that, I make the point of order that a quorum is not 
    present.
        The Chairman: Evidently a quorum is not present.

Once Refused, Request for Recorded Vote Not Renewable

Sec. 12.9 A recorded vote having been refused in Committee of

[[Page 12379]]

    the Whole, a point of no quorum may still lie under Rule XXIII 
    clause 2, if the pending question has not been disposed of by a 
    division vote, but a demand for a recorded vote cannot be renewed.

    During consideration of the first concurrent resolution on the 
budget for fiscal 1983, Chairman Pro Tempore Leo C. Zeferetti, of New 
York, had to vote to break a tie where a recorded vote was denied when 
requested on the adoption of an amendment. The proceedings of May 27, 
1982,(1) are carried herein.
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 1. 128 Cong. Rec. 12470, 97th Cong. 2d Sess.
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        The Chairman Pro Tempore: The question is on the amendment 
    offered by the gentleman from Mississippi (Mr. Whitten) to the 
    amendment in the nature of a substitute offered by the gentleman 
    from Wisconsin (Mr. Aspin).
        The question was taken; and the Chairman pro tempore announced 
    that the ayes appeared to have it.
        Mr. [Ralph] Regula [of Ohio]: Mr. Chairman, I demand a recorded 
    vote.
        The Chairman Pro Tempore: A recorded vote is demanded.
        All those in favor of taking this vote by a recorded vote will 
    rise and be counted.
        Twenty-four Members, an insufficient number.
        So a recorded vote was refused.
        Mr. Regula: Mr. Chairman, I make the point of order that a 
    quorum is not present, and pending that, I demand a recorded vote.
        The Chairman Pro Tempore: The Chair has already announced an 
    insufficient number.

        The gentleman can make a point of order but he cannot ask for a 
    recorded vote.
        Mr. Regula: Mr. Chairman, I demand a division.
        On a division (demanded by Mr. Regula) there were--ayes 42, 
    noes 43.
        Mr. [James J.] Howard [of New Jersey]: Mr. Chairman, I demand 
    tellers.
        Tellers were ordered and the Chairman pro tempore appointed as 
    tellers Mr. Whitten and Mr. Jones of Oklahoma.
        The Committee again divided, and the tellers reported that 
    there were--ayes 72, noes 72.
        The Chairman Pro Tempore: The Chair votes ``aye.''

``Permission To Sit'' Not Such Business as Requires Quorum

Sec. 12.10 The pendency of a request under the then applicable rule 
    (Rule XI clause 2(i)) for a committee to sit during the five-minute 
    rule, which would be granted unless 10 Members objected to the 
    request, was not considered equivalent to the Chair's putting the 
    question and did not set the stage for a point of no quorum under 
    Rule XV clause 6(e).

[[Page 12380]]

    Monday, Aug. 16, 1982,(2) was a ``suspension day'' and 
the leadership had announced that votes on such motions would be 
postponed until a following day. When Chairman John D. Dingell, of 
Michigan, then came to the floor to ask for permission for the 
Committee on Energy and Commerce to sit during the five-minute rule for 
the balance of the week, there were not sufficient Members on the floor 
or in their offices to object, ten objections being required by the 
rule then in effect to prevent a committee from sitting.(3) 
The following colloquy shows the difficulty of allowing such requests 
to be made on a day when no votes are scheduled.
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 2. 128 Cong. Rec. 21219, 21315, 21316, 97th Cong. 2d Sess.
 3. The prohibition against committees sitting during the five-minute 
        rule if ten or more Members rendered objections was dropped 
        from Rule XI in the 105th Congress.
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    Request for Permission for Committee on Energy and Commerce To Sit 
            Today and the Rest of the Week During 5-Minute Rule

        The Speaker Pro Tempore: (4) For what purpose does 
    the gentleman from Michigan (Mr. Dingell) rise?
---------------------------------------------------------------------------
 4. Thomas S. Foley (Wash.).
---------------------------------------------------------------------------

        Mr. Dingell: Mr. Speaker, I ask unanimous consent that the 
    Committee on Energy and Commerce have the permission of the House 
    to sit today and for the rest of the week for the purposes of the 
    consideration of legislation while the House is sitting under the 
    5-minute rule.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Michigan?
        Mr. [William E.] Dannemeyer [of California]: Mr. Speaker, 
    reserving the right to object, I wonder if the gentleman from 
    Michigan can enumerate what legislation this request relates to.
        Mr. Dingell: It is my expectation to consider the Clean Air Act 
    amendments.
        Mr. Dannemeyer: Reserving the right to object, the request 
    relates only to the legislation dealing with the Clean Air Act?
        Mr. Dingell: That is correct.
        Mr. Dannemeyer: Mr. Speaker, I withdraw my reservation of 
    objection.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Michigan?
        Mr. [Henry A.] Waxman [of California]: Mr. Speaker, I move a 
    call of the House.
        The Speaker Pro Tempore: The Chair is not recognizing the 
    gentleman for that purpose at this time.
        Mr. Waxman: Reserving the right to object, and pending that, 
    Mr. Speaker, I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: That is not in order at this point. I 
    wonder if we could ask the gentleman from Michigan to temporarily 
    withhold his request.
        Mr. Dingell: Mr. Speaker, I believe that this is proper 
    business of the House. The Chair has just considered a request of 
    this kind. If it is the wish of

[[Page 12381]]

    the gentleman from California to obfuscate and delay the business 
    of the Committee on Energy and Commerce, the business of the House, 
    then it is his right to do so, and I think it is my right to have 
    him take that step.


                           parliamentary inquiry

        Mr. Waxman: Mr. Speaker, a point of parliamentary procedure.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Waxman: I would like to know how the rules would protect 
    Members who have been informed that a controversial unanimous-
    consent request would not be brought up on a day when there are no 
    votes, except to allow a Member to ask for a quorum call so the 
    Members can participate in a decision that is made.
        Mr. Dingell: I call for the regular order.
        The Speaker Pro Tempore: The Chair has indicated that a motion 
    at this time or objection at this time that a quorum is not present 
    is not in order. The gentleman from Michigan insists on his 
    unanimous-consent request.
        Mr. Dingell: That is correct.
        Mr. Waxman: A point of parliamentary procedure.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Waxman: I renew my inquiry to the Speaker on how the rules 
    are permitted to protect Members when there are no indications of 
    any controversy being brought up on a day when the House is not 
    required to have votes.
        Mr. Dingell: Mr. Speaker, I demand the regular order. I make 
    the point of order that is not a proper parliamentary inquiry.
        Mr. Speaker, I demand the regular order.
        The Speaker Pro Tempore: The gentleman insists on the regular 
    order. The gentleman from California insists on his right to make 
    an objection, pending which he makes the point of order a quorum is 
    not present.
        Mr. [John F.] Seiberling [of Ohio]: Mr. Speaker, will the 
    gentleman withhold for a minute his point of order?
        The Speaker Pro Tempore: Does the gentleman yield to the 
    gentleman from Ohio?
        Mr. Waxman: I will be pleased to yield.
        Mr. Seiberling: Mr. Speaker, I ask unanimous consent that the 
    Committee on the Judiciary be permitted to sit while the House is 
    reading for amendment under the 5-minute rule on Tuesday, 
    Wednesday, and Thursday, August 17, 18, and 19, 1982.
        Mr. Dingell: I have a similar request pending, and I object.
        The Speaker Pro Tempore: The gentleman is within his rights to 
    object to yield for that purpose. The gentleman did not recognize 
    the gentleman for that purpose at this time.
        The Chair at this time will withhold recognition for any 
    further purpose for a period. The Chair will protect the gentleman 
    from Michigan's rights in this matter.
        Mr. Dingell: Mr. Speaker, I am entitled to have a ruling on my 
    unanimous-consent request.
        The Speaker Pro Tempore: The Chair will reserve a ruling. The 
    Chair will protect the gentleman's rights.
        Mr. Dingell: Mr. Speaker, I believe I am entitled to be 
    protected at this time.

[[Page 12382]]

        The Speaker Pro Tempore: It is a matter of recognition, and the 
    Chair is going to exercise his rights of recognition at this time. 
    The Chair assures the gentleman that his rights will be protected.
        Mr. Dingell: Mr. Speaker, I would observe that if I am denied 
    recognition at this time, I may very well be denied my rights. I 
    have a unanimous-consent request for which I was properly 
    recognized. I would point out another request was recognized for a 
    similar unanimous consent just previous to me. That request was 
    granted.
        The Speaker Pro Tempore: It was not granted.
        Mr. Dingell: Perhaps the Speaker can explain to me why I am 
    being denied my rights.
        The Speaker Pro Tempore: The gentleman from Ohio withdrew his 
    request.
        Mr. Dingell: The gentleman previous to that.
        The Speaker Pro Tempore: The gentleman from Ohio withdrew his 
    request.
        Mr. Dingell: Are you forgetting that another Member had just 
    made a request on behalf of the Armed Services Committee?
        The Speaker Pro Tempore: The gentleman from the Armed Services 
    Committee, Mr. White of Texas, asked to file a report, and that 
    unanimous-consent request was granted.
        Mr. Dingell: Unanimous-consent request that the Armed Services 
    Committee be permitted to sit.
        The Speaker Pro Tempore: I am sorry to disagree with the 
    gentleman. The Chair did not grant permission to sit or entertain 
    that motion from the gentleman from Texas.
        The Chair will take 1 minute speeches at this time. . . .

    Request for Permission for Committee on Energy and Commerce To Sit 
           During 5-Minute Rule on Today and Balance of the Week

        Mr. Dingell: Mr. Speaker, I ask unanimous consent that the 
    Committee on Energy and Commerce be permitted to sit for the 
    purposes of considering legislation during the time that the House 
    is sitting under the 5-minute rule today and for the balance of the 
    week.
        The Speaker Pro Tempore: Is there objection to the request of 
    the gentleman from Michigan?
        Mr. Waxman: Mr. Speaker, I reserve the right to object.

                             call of the house

        Mr. Waxman: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members responded to their names: . . .
        Mr. Phillip Burton [of California]: Mr. Speaker, regular order.
        Mr. Speaker, regular order.
        The Speaker Pro Tempore: The Chair is observing the regular 
    order.
        Mr. Phillip Burton: Mr. Speaker, regular order as to the time 
    to note the presence of Members has expired.
        The Speaker Pro Tempore: Are there any Members who have not yet 
    recorded their presence?
        The Chair will advise the gentleman from California that 15 
    minutes is a minimum, not a maximum.

                                adjournment

        Mr. [E (Kika)] de la Garza [of Texas]: Mr. Speaker, I move that 
    the House do now adjourn.

[[Page 12383]]

        The motion was agreed to: accordingly (at 1 o'clock and 17 
    minutes p.m.), under its previous order, the House adjourned until 
    Tuesday, August 17, 1982, at 10 a.m.

Relative Precedence, Point of No Quorum and Objection to Vote Because 
    of No Quorum

Sec. 12.11 When a question is pending, any Member can make a point of 
    order that a quorum is not present and get a quorum call before the 
    vote is taken; but another Member can preempt the quorum call by 
    objecting to the vote on the ground that a quorum is not present, 
    thereby producing an automatic call under Rule XV clause 4.

    On Aug. 18, 1982,(5) Mr. Silvio O. Conte, of 
Massachusetts, intended to provoke a call of the House before the 
question was put on disposing of a Senate amendment in disagreement. 
His intention was thwarted by the more privileged point of order and 
objection to the vote raised by Mr. F. James Sensenbrenner, Jr., of 
Wisconsin.
---------------------------------------------------------------------------
 5. 128 Cong. Rec. 22037, 97th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: (6) The question is on the 
    motion offered by the gentleman from Maryland (Mr. Long).
---------------------------------------------------------------------------
 6. Abraham Kazen, Jr. (Tex.).
---------------------------------------------------------------------------

        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. Conte: Mr. Speaker, I make the point of order that a quorum 
    is not present.
        Mr. Sensenbrenner: Mr. Speaker, I object to the vote on the 
    ground that a quorum is not present.
        The Speaker Pro Tempore: Is the gentleman from Massachusetts 
    (Mr. Conte) objecting to the vote?
        Mr. Conte: No, Mr. Speaker, I am just making the point of order 
    that a quorum is not present.
        The Speaker Pro Tempore: The gentleman from Wisconsin (Mr. 
    Sensenbrenner) has a right to object to the vote.
        Mr. Sensenbrenner: Mr. Speaker, I object to the vote on the 
    ground that a quorum is not present and make the point of order 
    that a quorum is not present.
        The Speaker Pro Tempore: Evidently a quorum is not present.
        The Sergeant at Arms will notify absent Members.

Point of No Quorum During General Debate

Sec. 12.12 The Chairman of the Committee of the Whole may, in his 
    discretion, entertain a point of no quorum during general debate.

    On Dec. 1, 1982,(7) the Chairman of the Committee of the

[[Page 12384]]

Whole entertained a point of order that a quorum was not present while 
general debate was underway. Members who were expected to participate 
in the debate were not on the floor and the quorum call allowed them to 
be notified about the proceedings.
---------------------------------------------------------------------------
 7. 128 Cong. Rec. 28205, 97th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [James T.] Broyhill [of North Carolina]: Mr. Chairman, I 
    make the point of order that a quorum is not present.
        The Chairman: (8) Under clause 2, rule XXIII, as 
    adopted by the House of Representatives on January 5, 1981, the 
    Chair, in his discretion, may entertain a point of order that a 
    quorum is not present.
---------------------------------------------------------------------------
 8. George E. Brown, Jr. (Calif.).
---------------------------------------------------------------------------

        The Chair will entertain the point of no quorum and announces 
    that pursuant to the provisions of clause 2, rule XXIII, he will 
    vacate proceedings under the call when a quorum of the Committee 
    appears.
        Members will record their presence by electronic device.
        The call was taken by electronic device.

Where Quorum Present, Objection to Vote Does Not Lie

Sec. 12.13 It is not in order to object to a vote on the ground that a 
    quorum is not present under Rule XV clause 4, if the Chair has 
    counted the House and announced that a quorum is in fact present 
    and no business has intervened since his count.

    On Dec. 17, 1982,(9) the House was considering 
amendments in disagreement to the District of Columbia appropriation 
bill, fiscal 1983. A motion that the House recede and concur in Senate 
amendment number 40 had been divided, and the Speaker Pro Tempore 
proceeded to put the question on receding from disagreement. The 
exchanges between Mr. Robert S. Walker, of Pennsylvania, and the 
Speaker Pro Tempore, Mr. John P. Murtha, of Pennsylvania, follow:
---------------------------------------------------------------------------
 9. 128 Cong. Rec. 31951, 97th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The question is whether the House 
    shall recede from disagreement to Senate amendment 40.
        The question was taken, and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. Walker: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: The Chair will count. Two hundred 
    nineteen Members are present, a quorum.
        Mr. Walker: Mr. Speaker, that was an interesting count. I thank 
    the Speaker.
        Mr. Speaker, I demand the yeas and nays.
        The yeas and nays were refused.

[[Page 12385]]

        So the motion was agreed to.
        Mr. Walker: Mr. Speaker, I might say we are going to have more 
    votes, then, this evening.
        The Speaker Pro Tempore: The question is now on concurring in 
    the Senate amendment with an amendment.
        The question was taken and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. Walker: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: The Chair will count for a quorum. Two 
    hundred nineteen Members are present, a quorum.
        Mr. Walker: Mr. Speaker, I object to the vote on the ground 
    that a quorum is not present and make the point of order that a 
    quorum is not present.
        The Speaker Pro Tempore: The Chair will advise the gentleman 
    that he just counted a quorum.

Point of No Quorum During General Debate in House

Sec. 12.14 Pursuant to Rule XV clause 6(e)(1), a point of order of no 
    quorum cannot be made during general debate in the House; and while 
    the Speaker has discretion to entertain a motion for a call of the 
    House he does not recognize for a point of no quorum unless he has 
    put the pending question to a vote.

    During debate in the House on H.R. 3706, a bill making the birthday 
of Martin Luther King, Jr., a national holiday, the Speaker Pro Tempore 
(10) declined on two occasions to recognize Ms. Mary Rose 
Oakar, of Ohio, for a point of no quorum. Proceedings were as follows: 
(11)
---------------------------------------------------------------------------
10. Dale E. Kildee (Mich.).
11. 129 Cong. Rec. 22233, 22234, 98th Cong. 1st Sess., Aug. 2, 1983.
---------------------------------------------------------------------------

        The Speaker Pro Tempore: The gentleman from California (Mr. 
    Dannemeyer) has 1 minute remaining.
        Mr. [William E.] Dannemeyer [of California]: I reserve the 
    balance of my time.
        Ms. Oakar: Mr. Speaker, I make a point of order that a quorum 
    is not present.
        Mr. Dannemeyer: I yield to the gentleman from Kansas such time 
    as he may consume.
        Ms. Oakar: Regular order.
        The Speaker Pro Tempore: The Chair will not entertain the point 
    of order at this time.
        The gentleman from California yielded to whom? . . .
        The gentlewoman from Indiana.
        Mrs. [Katie] Hall of Indiana: Mr. Speaker, I ask that the 
    gentleman from California yield back the balance of his time.
        Mr. Dannemeyer: The gentleman from California reserves the 
    balance of his time.

[[Page 12386]]

        The Speaker Pro Tempore: The gentlewoman from Indiana.
        Ms. Oakar: Will the gentlewoman yield to me?
        Mrs. Hall of Indiana: I yield to the gentlewoman.
        Ms. Oakar: Mr. Speaker, I make a point of order that a quorum 
    is not present.
        The Speaker Pro Tempore: The Chair does not have to entertain a 
    motion for a call of the House at this time and chooses not to.
        Ms. Oakar: I am sorry, I did not hear the Speaker.
        The Speaker Pro Tempore: The point of order cannot be made when 
    the Chair has not put the pending question, and the Chair has 
    discretion whether to entertain a motion for a call of the House at 
    this time and now recognizes the gentlewoman from Indiana.
        Mrs. Hall of Indiana: Mr. Speaker, I yield 2 minutes to the 
    distinguished majority leader of the U.S. House of Representatives, 
    the gentleman from Texas (Mr. Wright).

Points of No Quorum During Five-minute Rule

Sec. 12.15 Once a quorum has been established by a recorded vote during 
    the five-minute debate in Committee of the Whole, a subsequent 
    quorum call during debate may be accomplished only by unanimous 
    consent.

    On May 10, 1984,(12) Chairman Les AuCoin, of Oregon, 
during five-minute debate on an amendment in Committee of the Whole, 
stated that since a quorum had been established on an earlier recorded 
vote, another quorum call would not be in order until the question was 
put on the pending amendment. Since Members on both sides of the aisle 
wanted to have a quorum present to hear the final speeches, a call of 
the committee was conducted by unanimous consent.
---------------------------------------------------------------------------
12. 130 Cong. Rec. 11836, 11837, 11869, 11870, 98th Cong. 2d Sess.
---------------------------------------------------------------------------

    Rule XXIII clause 2(a) (13) provides that ``[a]fter the 
roll has been once called to establish a quorum during such day, the 
Chairman may not entertain a point of order that a quorum is not 
present unless the . . . Chairman has put the pending motion or 
proposition to a vote''.
---------------------------------------------------------------------------
13. House Rules and Manual Sec. 863 (1997).
---------------------------------------------------------------------------

    The proceedings were as follows:

        The Chairman: The question is on the amendment offered by the 
    gentleman from Massachusetts (Mr. Studds).
        The question was taken; and the Chairman announced that the 
    noes appeared to have it.
        Mr. [William S.] Broomfield [of Michigan]: Mr. Chairman, I 
    demand a recorded vote.
        A recorded vote was ordered.
        The vote was taken by electronic device, and there were--ayes 
    128, noes 287, not voting 18. . . .

[[Page 12387]]

        So the amendment was rejected.
        The result of the vote was announced as above recorded. . . .
        Mr. Broomfield: Mr. Chairman, I would like to make a point of 
    order that a quorum is not present for the final few speakers.
        The Chairman: The Chair will state that the Chair cannot 
    entertain that point of order unless the question has been put on a 
    pending proposition.
        Mr. Broomfield: Mr. Chairman, I make a point of order----
        The Chairman: The Chair will state again that he cannot 
    entertain a point of order at this point unless the question has 
    been put on a pending matter, a quorum having been established on a 
    prior recorded vote today in this Committee of the Whole.
        Does the gentleman from Florida (Mr. Fascell) reserve the 
    balance of his time?

                           parliamentary inquiry

        Mr. [Dante B.] Fascell [of Florida]: Mr. Chairman, I have a 
    parliamentary inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Fascell: Mr. Chairman, I am sorry, but I did not hear the 
    Chair. I have no objection to a rollcall if that is what the 
    gentleman from Michigan asks for. But I did not hear what the Chair 
    said.
        The Chairman: The Chair will state to the gentleman from 
    Florida and to the gentleman from Michigan that by unanimous 
    consent, if a quorum is sought, a quorum can be sought by unanimous 
    consent.
        Mr. Fascell: Mr. Chairman, I am saying I have no objection.
        The Chairman: Does the gentleman from Michigan ask unanimous 
    consent for a quorum to be called.
        Mr. Broomfield: I do, Mr. Chairman.
        The Chairman: Is there objection to the request of the 
    gentleman from Michigan?
        There was no objection.
        The Chairman: A quorum call is ordered.
        Members will record their presence by electronic device.

Improper Parliamentary Inquiry

Sec. 12.16 During debate in the House, when a point of no quorum cannot 
    be entertained by the Speaker, he has declined to respond to a 
    parliamentary inquiry asking ``how many Members are in the 
    Chamber?'' since it would be improper under the guise of such an 
    inquiry to attempt to show the absence of a quorum.

    The brief parliamentary inquiry described above occurred on Oct. 
28, 1987,(14) and was as follows:
---------------------------------------------------------------------------
14. 133 Cong. Rec. 29682, 100th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [F. James] Sensenbrenner [Jr., of Wisconsin]: Mr. Speaker, 
    I have a parliamentary inquiry.
        The Speaker Pro Tempore: (15) The gentleman will 
    state it.
---------------------------------------------------------------------------
15. W. J. (Billy) Tauzin (La.).

---------------------------------------------------------------------------

[[Page 12388]]

        Mr. sensenbrenner: Mr. Speaker, how many Members are present 
    now?
        The Speaker Pro Tempore: The Chair cannot respond to that as a 
    parliamentary inquiry.

When Chair Must Entertain Point of No Quorum

Sec. 12.17 The Chairman of the Committee of the Whole must entertain a 
    point of order that a quorum is not present during the five-minute 
    rule over other requests for recognition, since Rule XXIII clause 2 
    gives the point of no quorum the highest pri-ority where a quorum 
    has not been established in the Committee on that day.

    The proceedings of June 30, 1993,(16) in Committee of 
the Whole, demonstrate the mandatory nature of a point of order of no 
quorum under certain conditions.
---------------------------------------------------------------------------
16. 139 Cong. Rec. 14882, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mrs. [Nita M.] Lowey [of New York]: Mr. Chairman, I point out 
    the absence of a quorum.
        The Chairman: (17) The gentlewoman from New York 
    [Mrs. Lowey] makes this point of order that a quorum is not 
    present.
---------------------------------------------------------------------------
17. Philip R. Sharp (Ind.).
---------------------------------------------------------------------------

        Mr. [Henry J.] Hyde [of Illinois]: Mr. Chairman, Mr. Chairman.
        Mr. [Robert K.] Dornan [of California]: Mr. Chairman, the 
    gentleman from Illinois was on his feet first, clearly.
        The Chairman: A point of no quorum takes precedence over other 
    motions and other requests for recognition.
        The gentlewoman has made a point of order of no quorum.
        The Chair will need to count for a quorum.

                           parliamentary inquiry

        Mr. Dornan: Mr. Chairman, I have a parliamentary inquiry.
        The Chairman: The gentleman will state it.
        Mr. Dornan: Could I please have a parliamentary reading on 
    whether the Chairman sitting in the chair clearly ignored the 
    gentleman from Illinois for minutes before he recognized the 
    gentlewoman?
        The Chairman: The Chair may not ignore a point of no quorum, 
    under rule XXIII where a quorum has not been previously established 
    during the amendment stage.
        Previously, the Chair recognized the distinguished gentleman 
    from Illinois [Mr. Hyde], and the Chair will be pleased to do so 
    again at the appropriate moment.
        A Member has made the point that a quorum is not present. 
    Therefore, the Chair must count for a quorum of 100 Members in the 
    Committee of the Whole House.
        Evidently a quorum is not present.
        Members will record their presence by electronic device.
        The call was taken by electronic device.