[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 39. Recess]
[Â§ 2. Recess Authority]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 726-753]
 
                               CHAPTER 39
 
                                 Recess
 
Sec. 2. Recess Authority

    Before the 102d Congress, recesses in the House were taken by 
unanimous consent and not by motion, no motion to that effect being 
privileged.(1) The Speaker may initiate unanimous consent 
without request from the floor to declare the House in recess subject 
to the call of the Chair,(2) or for a five-minute 
period.(3) Authority to recess may be requested from the 
floor and be approved by unanimous consent on days set aside to receive 
a message in person from the President.(4) The unanimous-
consent request may specify the authority for the remainder of the 
current day;(5) on a subsequent day in preparation for the 
counting of the electoral vote;(6) at any time during a day 
or during an afternoon of that day;(7) during the afternoon 
of a subsequent day;(8) at any time on two or three days 
during the week,(9) which has been interpreted as giving 
authority for more than one recess, one on each of the two designated 
days;(10) to declare multiple recesses during the remainder 
of the week or session;(11) to declare a recess when the 
Committee of the Whole rises on that day;(12) and to extend 
not later than a time certain on that day.(13)
---------------------------------------------------------------------------
 1. See Sec. 2.1, infra.
 2. See Sec. 2.2, infra.
 3. See Sec. 2.3, infra.
 4. See Sec. 2.4, infra.
 5. See Sec. 2.5, infra.
 6. See Sec. 2.6, infra.
 7. See Sec. 2.7, infra.
 8. See Sec. 2.8, infra.
 9. See Sec. 2.9, infra.
10. See Sec. 2.10, infra.
11. See Sec. Sec. 2.11, 2.12, infra.
12. See Sec. 2.13, infra.
13. See Sec. 2.14, infra.

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[[Page 727]]

    Before the adoption of clause 12(b) of Rule I(14) in the 
108th Congress, there had been instances where, pursuant to the powers 
inherent in the Chair in case of grave emergency, the Speaker had 
called emergency recesses on his own initiative.(15)
---------------------------------------------------------------------------
14. House Rules and Manual Sec. 639 (2007).
15. See Sec. Sec. 2.18, 2.19, infra.
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    On Sept. 11, 2001, the House having convened at 9 a.m. for 
``morning-hour debate'' and having recessed therefrom until 10 a.m., as 
per a previous order of the House, the Speaker pro tempore terminated 
the recess at 9:52 a.m., noting the ``circumstances of today'' due to 
terrorist attacks on the United States that morning, and then, having 
convened the legislative day proper eight minutes earlier than the time 
prescribed, immediately following the prayer, the Chair declared a 
recess subject to the call of the Chair ``for a short time'' under 
clause 12(a) of Rule I that eventually exceeded 24 
hours.(16)
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16. See Sec. 2.17, infra.
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    At the beginning of the 108th Congress, the House adopted clause 
12(b) of Rule I authorizing the Speaker (and by extension the Chairman 
of the Committee of the Whole pursuant to clause 12 of Rule 
XVIII),(17) to ``suspend the business of the House when 
notified of an imminent threat to its safety'' and ``declare an 
emergency recess subject to the call of the Chair.'' Clause 12(c) of 
Rule I(18) authorizes the Speaker, if notified by the 
Sergeant at Arms during any recess ``of an imminent impairment of the 
place of reconvening at the time previously appointed . . . in 
consultation with the Minority Leader -- (1) postpone the time for 
reconvening within the limits of clause 4, section 5, article I of the 
Constitution and notify Members accordingly; or (2) reconvene the House 
before the time previously appointed solely to declare the House in 
recess within the limits of clause 4, section 5, article I of the 
Constitution and notify Members accordingly.''
---------------------------------------------------------------------------
17. House Rules and Manual Sec. 992 (2007). See Sec. Sec. 2.15, 2.16, 
        infra.
18. House Rules and Manual Sec. 639 (2007).
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    Before the 102d Congress, the motion to authorize a recess was not 
privileged in the House and could be entertained only by unanimous 
consent,(19) although a privileged motion to recess was 
permitted by rule from 1880 to 1890.(20)
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19. 8 Cannon's Precedents Sec. 3354.
20. Id. at Sec. 3356.
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    Pursuant to clause 4 of Rule XVI,(21) a motion to 
authorize the

[[Page 728]]

Speaker to declare a recess was given equal privilege beginning in the 
102d Congress to the motion to adjourn, or to the motion that when the 
House adjourns it stand adjourned to a day and time certain, to be 
decided without debate, but only when the Speaker in his discretion 
recognized for that purpose.
---------------------------------------------------------------------------
21. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    This privileged motion was first offered on Dec. 15, 1995, in the 
form that ``the Speaker may be authorized to declare recesses subject 
to the call of the chair through Monday, December 18, 1995.'' On that 
occasion the Chair indicated that the motion was privileged, 
nondebatable, and required a quorum for adoption.(22) The 
motion authorized the declaration of numerous recesses during the three 
calendar-day period specified in the motion and was constitutionally 
permitted without Senate consent under art. I, Sec. 5 of the 
Constitution.
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22. Speaker pro tempore James Longley (ME). See Sec. 2.20, infra.
---------------------------------------------------------------------------

    On Dec. 21, 1995,(23) a privileged resolution reported 
from the Committee on Rules was called up, amended, and adopted. It 
authorized the Speaker to declare recesses subject to calls of the 
Chair during three discrete periods, each consistent with the 
constitutional constraint that neither House may (recess or) adjourn 
for more than three days without the consent of the other House.
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23. See Sec. 2.21, infra.
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    In the 103d Congress, clause 12 was added to Rule I(24) 
to authorize the Speaker to declare a recess subject to the call of the 
Chair in order to ``suspend the business of the House for a short time 
when no question is pending before the House.''(25) The 
Speaker's declaration under this clause may follow his postponement of 
a question under clause 8 of Rule XX because, after postponement, a 
question is no longer pending before the House.(26) A 
Member's mere revelation that he seeks to offer a motion to adjourn, in 
response to the Chair's inquiry ``for what purpose does the gentleman 
rise?'', does not suffice to make that motion ``pending'' so as to 
prevent a declaration of a recess.(27)
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24. House Rules and Manual Sec. 638 (2007).
25. 139 Cong. Rec. 49, 103d Cong. 1st Sess., Jan. 5, 1993.
26. See Sec. 2.23, infra.
27. See Sec. Sec. 2.22, 2.24, infra.
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    Parliamentarian's Note: The Speaker has used the authority under 
clause 12 of Rule I,(28) to recess the House overnight with 
irregular, but increasing, frequency, sometimes to permit a conference

[[Page 729]]

report to be filed, then after a further recess, usually to permit the 
Committee on Rules to meet and file a privileged report on the first 
legislative day (albeit sometimes the next calendar day) and then to 
adjourn to the next legislative day on that same calendar day in order 
to consider the special order of business under clause 6(a) of Rule 
XIII(29) without the necessity for a two-thirds vote. There 
is no time period attached to the term ``short'' in clause 12 of Rule 
I. For example, ``short'' recesses in excess of eight hours occurred 
twice in 1995 and once in 1994.(30)
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28. House Rules and Manual Sec. 638 (2007).
29. Id. at Sec. 857.
30. See, e.g., Sec. Sec. 2.25-2.27, 
        infra.                          -------------------
---------------------------------------------------------------------------

Unanimous Consent

Sec. 2.1 Before the 102d Congress, the motion to recess was not 
    privileged and could only be entertained by unanimous consent.

    On Mar. 23, 1960,(1) after a demand was made for the 
reading of an engrossed copy of a bill, Speaker Sam Rayburn, of Texas, 
indicated that it would not be in order to move that the House stand in 
recess to await the preparation of the engrossed copy. The Speaker 
announced that further consideration of the bill would be continued the 
next day.
---------------------------------------------------------------------------
 1. 106 Cong. Rec. 6400, 6401, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER. The question is on the engrossment and third 
    reading of the bill.
        Mr. [John Bell] WILLIAMS. Mr. Speaker, I demand the reading of 
    the engrossed copy of the bill.
        The SPEAKER. The further consideration of the bill will go over 
    until tomorrow.
        Mr. [Paul] JONES of Missouri. Mr. Speaker, would it be in order 
    to make a motion to vote on the engrossed copy of the bill at 7 
    o'clock this evening?
        The SPEAKER. That motion would not be in order.
        Mr. JONES of Missouri. I thank the Speaker.

    In the second session of the 82d Congress,(2) Mr. John 
E. Rankin, of Mississippi, moved that the House take a recess until the 
next day:
---------------------------------------------------------------------------
 2. 98 Cong. Rec. 6375, 82d Cong. 2d Sess., June 2, 1952.
---------------------------------------------------------------------------

        Mr. RANKIN. Mr. Speaker, I move that the House take a recess 
    until tomorrow morning at 12 o'clock.
        The SPEAKER.(3) That motion is not in order.
---------------------------------------------------------------------------
 3. Sam Rayburn (TX).
---------------------------------------------------------------------------

Sec. 2.2 The Speaker may, by unanimous consent, at his own initiative, 
    declare the House in recess subject to his call.

    On Oct. 22, 1966,(1) near the end of the second session 
of the

[[Page 730]]

89th Congress, Speaker John W. McCormack, of Massachusetts, declared a 
recess on his own initiative as indicated below:
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 28881, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER. Without objection, the Chair will declare a recess 
    subject to the call of the Chair.
        Accordingly (at 1 o'clock and 30 minutes p.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                  AFTER RECESS

        The House having expired at 3 o'clock and 29 minutes p.m., the 
    House was called to order by the Speaker.

    Parliamentarian's Note: The Speaker declared several recesses 
preceding adjournment sine die, each time doing so by unanimous 
consent. The House did not, by resolution or by a formal unanimous-
consent agreement, give the Speaker any special authority to declare 
recesses in the last days of the session.

Sec. 2.3 The Speaker, without objection, declared the House in recess 
    for a five-minute period.

    On Apr. 19, 1966,(1) Speaker John W. McCormack, of 
Massachusetts, called a five-minute recess:
---------------------------------------------------------------------------
 1. 112 Cong. Rec. 8406, 89th Cong. 2d Sess.
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER. Without objection, the House will stand in recess 
    for 5 minutes.
        There was no objection.
        Accordingly (at 12 o'clock and 57 minutes p.m.), the House 
    stood in recess.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 1 o'clock and 2 minutes p.m.

Sec. 2.4 By unanimous consent, it may be made in order at any time 
    during a day to move to take a recess.

    On Jan. 3, 1938,(1) the opening day of the third session 
of the 75th Congress, the Speaker(2) asked unanimous consent 
that at any time on that date it be in order to move to recess. The 
House was awaiting the arrival of the President to deliver an address.
---------------------------------------------------------------------------
 1. 83 Cong. Rec. 7, 75th Cong. 3d Sess.
 2. William B. Bankhead (AL).
---------------------------------------------------------------------------

    Parliamentarian's Note: That request made in order at any time a 
motion to recess on the opening day of the 75th Congress, second 
session, rather than the customary authority for the Speaker to declare 
recesses.

                               order of business

        Mr. [Sam] RAYBURN [of Texas]. Mr. Speaker, I ask unanimous 
    consent that

[[Page 731]]

    it may be in order at any time during this day, Monday, January 3, 
    1938, to move to recess the House.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Texas?
        There was no objection.

Sec. 2.5 The Speaker has been authorized to declare a recess at any 
    time during the remainder of the day.

    On Mar. 25, 1959,(1) Mr. John W. McCormack, of 
Massachusetts, asked for unanimous consent that it be in order for the 
Speaker(2) to declare a recess, as follows:
---------------------------------------------------------------------------
 1. 105 Cong. Rec. 5264, 86th Cong. 1st Sess.
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

                       AUTHORITY TO DECLARE RECESS TODAY

        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that it may 
    be in order for the Speaker for the remainder of the day to declare 
    a recess.
        The SPEAKER. Without objection, it is so ordered.
        There was no objection.(3)
---------------------------------------------------------------------------
 3. See also 108 Cong. Rec. 19258, 87th Cong. 2d Sess., Sept. 12, 1962.
---------------------------------------------------------------------------

Sec. 2.6 The Speaker was authorized to declare a recess on a specified 
    day at any time subject to the call of the Chair.

    On Jan. 3, 1961,(1) Mr. John W. McCormack, of 
Massachusetts, asked unanimous consent authorizing the 
Speaker(2) to declare a recess:
---------------------------------------------------------------------------
 1. 107 Cong. Rec. 27, 87th Cong. 1st Sess.
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that on 
    January 6, 1961, it may be in order for the Speaker to declare a 
    recess at any time subject to the call of the Chair.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.

    Parliamentarian's Note: The purpose of the authorization was to 
allow the Speaker to declare recesses on the day set for the counting 
of the electoral vote.

Sec. 2.7 The Speaker may be authorized to declare a recess at any time 
    during a day, subject to the call of the Chair.

    On May 20, 1971,(1) Mr. Hale Boggs, of Louisiana, asked 
unanimous consent that it might be in order for the Speaker to declare 
a recess on that date, subject to the call of the Chair.
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 16148, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

    The two Houses had gone to conference on a bill earlier that day 
(H.R. 8190, making supplemental appropriations for fiscal 1971). 
Anticipating that the conferees could reach an early agreement, the 
Speaker was authorized

[[Page 732]]

to declare a recess after the conclusion of other legislative business 
to await the filing of the report.

                  AUTHORIZING SPEAKER TO DECLARE RECESS TODAY

        Mr. BOGGS. Mr. Speaker, I ask unanimous consent that it may be 
    in order for the Speaker to declare a recess today subject to the 
    call of the Chair.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana? . . .
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        Mr. [H. R.] GROSS [of Iowa]. Mr. Speaker, further reserving the 
    right to object, and I will yield to the gentleman from Texas (Mr. 
    Mahon) if he wishes me to.

        authorizing consideration of conference report on second 
            supplemental appropriations, 1971

        Mr. [George H.] MAHON. I thank the gentleman for yielding.
        My purpose is to ask unanimous consent that it may be in order 
    at any time after the filing of the conference report on the second 
    supplemental appropriation bill to call up the conference report 
    for consideration.
        Mr. GROSS. Mr. Speaker, that adds to the pertinence of the 
    question I was about to ask. Does this request for a recess mean 
    that we might be in recess until tonight, this evening, or into the 
    night on this thing? Does anyone have any idea about the extent of 
    the proposed recess?
        Mr. MAHON. Mr. Speaker, will the gentleman yield?
        Mr. GROSS. I would like to address that question to the 
    majority leader.
        Mr. BOGGS. The gentleman would have to address that question to 
    the distinguished chairman of the Committee on Appropriations.
        Mr. GROSS. I yield to the gentleman from Texas.
        Mr. MAHON. It would be my thought that an early decision can 
    probably be reached on the second supplemental appropriation bill 
    and, if an early decision is not reached, then I would not 
    recommend that the House be kept in session indefinitely.
        Mr. GROSS. Of course, the House would not be in session 
    indefinitely. The House would be in recess. But what I am trying to 
    find out is does a recess contemplate a session tonight?
        Mr. MAHON. In my judgment, the House ought to adjourn after a 
    brief recess if it develops that we cannot come to a quick 
    agreement, and at the moment it is not anticipated that we would 
    wait until after 6 o'clock on this matter.
        Mr. GROSS. And the gentleman would be kind enough to advise the 
    leadership of the House, I assume, if he saw that a conference 
    agreement could not be reached until evening?
        Mr. BOGGS. Mr. Speaker, will the gentleman yield to me?
        Mr. GROSS. Yes, of course I yield to the gentleman from 
    Louisiana.
        Mr. BOGGS. I concur with the distinguished gentleman from 
    Texas. It is not the intention of the leadership to keep the House 
    here late this evening.
        Mr. GROSS. I thank the gentleman.
        Mr. Speaker, I withdraw my reservation.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Louisiana?

[[Page 733]]

        There was no objection.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Texas?
        There was no objection.

    Similarly, on Apr. 17, 1957,(3) H.R. 4249, making 
certain urgent deficiency appropriations, was pending but had not been 
agreed to by both Houses. The House had agreed to House Joint 
Resolution 312, carrying only those appropriations of the bill (H.R. 
4249) not in controversy. When the request for authority for the 
Speaker to declare a recess came, the House was awaiting Senate action 
on the joint resolution to clear the way for Easter recess:
---------------------------------------------------------------------------
 3. 103 Cong. Rec. 5943, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I ask unanimous 
    consent that it may be in order for the Speaker to declare a recess 
    at any time subject to the call of the Chair this afternoon.
        The SPEAKER.(4) Is there objection to the request of 
    the gentleman from Oklahoma?
---------------------------------------------------------------------------
 4. Sam Rayburn (TX),
---------------------------------------------------------------------------

        There was no objection.
        The SPEAKER. The House stands in recess subject to the call of 
    the Chair. The bells will be rung 15 minutes before the House 
    reassembles.
        Accordingly (at 2 o'clock p.m.) the House stood in recess 
    subject to the call of the 
    Chair.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 3 o'clock and 50 minutes p.m.

Sec. 2.8 The Speaker may be authorized to declare a recess on the 
    following day at any time subject to the call of the Chair.

    On May 26, 1959,(1) Mr. John W. McCormack, of 
Massachusetts, asked that it might be in order on the following day for 
the Speaker to declare a recess:
---------------------------------------------------------------------------
 1. 105 Cong. Rec. 9155, 86th Cong. 1st Sess.
            Parliamentarian's Note: Funeral services for John Foster 
        Dulles, a former Senator and Secretary of State, were scheduled 
        to be held at the Washington Cathedral on the May 27, 1959. The 
        recess was for the convenience of Members desiring to attend.
---------------------------------------------------------------------------

        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that it may 
    be in order tomorrow for the Speaker to declare a recess subject to 
    the call of the Chair.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Massachusetts?
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        There was no objection.

    On May 24, 1946,(3) Mr. McCormack asked unanimous 
consent that it be in order at any time the following afternoon for the 
Speaker to declare a recess:
---------------------------------------------------------------------------
 3. 92 Cong. Rec. 5683, 79th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that it be 
    in

[[Page 734]]

    order for the Speaker to declare a recess at any time tomorrow 
    afternoon.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection.

Sec. 2.9 The Speaker was authorized to declare recesses at any time on 
    three days during the week subject to the call of the Chair.

    On Dec. 21, 1970,(1) Mr. Carl Albert, of Oklahoma, 
obtained unanimous consent to permit the Speaker(2) to 
declare recesses on certain days of the week:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 43094, 91st Cong. 2d Sess.
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        Mr. ALBERT. Mr. Speaker, I ask unanimous consent that it be in 
    order during Monday, Tuesday, and Wednesday of this week for the 
    Speaker to declare a recess at any time subject to the call of the 
    Chair.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.

Sec. 2.10 An agreement to a unanimous-consent request that it shall be 
    in order ``at any time on Wednesday and Thursday'' for the Chair to 
    declare a recess has been interpreted as giving authority for more 
    than one recess on the two designated days.

    On Apr. 8, 1964,(1) Speaker John W. McCormack, of 
Massachusetts, responded to certain parliamentary inquiries relative to 
his authority to declare recesses:(2)
---------------------------------------------------------------------------
 1. 110 Cong. Rec. 7304, 88th Cong. 2d Sess.
 2. See also 110 Cong. Rec. 7119, 88th Cong. 2d Sess., Apr. 7, 1964, 
        where recesses on both Wednesday and Thursday were required in 
        connection with lying-in-state ceremonies in the Rotunda for 
        General Douglas MacArthur. Under this authority, the Speaker 
        also declared a recess on Wednesday evening to allow time for 
        the preparation of an engrossed copy of H. R. 10222, the Food 
        Stamp Act of 1964. See also Ch. 38 Sec. 9.12, supra, for 
        additional information on the death of General MacArthur.
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        Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. HALLECK. Mr. Speaker, a short while ago the Speaker 
    declared a recess. Am I to understand that that was done under the 
    unanimous-consent request that was given yesterday for the 
    MacArthur ceremonies in the Capitol?
        The SPEAKER. The Chair will state that the unanimous-consent 
    request made by the gentleman from Oklahoma [Mr. Albert], was as 
    follows:

            Mr. Speaker, I ask unanimous consent that it may be in 
        order at any time on Wednesday and Thursday for the Chair to 
        declare a recess subject to the call of the Chair.

        Mr. HALLECK. In other words, Mr. Speaker, that conferred 
    blanket authority, but is it not also true that

[[Page 735]]

    what we had in mind were the MacArthur ceremonies?
        The SPEAKER. The Chair will state that the unanimous-consent 
    request gave authority to the Chair to declare a recess.
        Mr. [Charles S.] GUBSER [of California]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. GUBSER. Mr. Speaker, is it not correct that the authority 
    given to the Chair was for a recess in the singular, and that that 
    one recess has already been had and, therefore, a second recess is 
    out of order?
        The SPEAKER. The Chair will read again for the benefit of the 
    gentleman the request.

            Mr. Speaker, I ask unanimous consent that it may be in 
        order at any time on Wednesday and Thursday for the Chair to 
        declare a recess subject to the call of the Chair.

        The Chair exercised the authority given by that unanimous-
    consent request which was granted by the House.

Sec. 2.11 The Speaker was authorized to declare a recess during the 
    remainder of the week, subject to the call of the Chair.

    On Dec. 15, 1967,(1) Mr. Carl Albert, of Oklahoma, asked 
unanimous consent that the Speaker be permitted to declare a recess:
---------------------------------------------------------------------------
 1. 113 Cong. Rec. 37126, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

         PERMISSION FOR THE SPEAKER TO DECLARE A RECESS ANY TIME THIS 
                                      WEEK

        Mr. ALBERT. Mr. Speaker, I ask unanimous consent that for the 
    balance of this week it may be in order for the Speaker to declare 
    a recess at any time subject to the call of the Chair.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Oklahoma?
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        There was no objection.

    Similarly, in the second session of the 85th 
Congress,(3) certain interim powers, including the authority 
to declare recesses, were granted to the Speaker by unanimous consent.
---------------------------------------------------------------------------
 3. 104 Cong. Rec. 19174, 85th Cong. 2d Sess., Aug. 22, 1958.
---------------------------------------------------------------------------

                         INTERIM POWERS TO THE SPEAKER

        Mr. ALBERT. Mr. Speaker, I renew my request made earlier today.
        Mr. Speaker, I ask unanimous consent that at any time during 
    the remainder of the week it may be in order for the Speaker to 
    declare recesses subject to the call of the Chair; to consider 
    conference reports the same day reported, notwithstanding the 
    provisions of clause 2 of rule XXVIII; and that reports from the 
    Committee on Rules may be considered at any time, notwithstanding 
    the provisions of clause 22 of rule XI.
        The SPEAKER.(4) Is there objection to the request of 
    the gentleman from Oklahoma?
---------------------------------------------------------------------------
 4. Sam Rayburn (TX).

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

[[Page 736]]

        Where was no objection.

Sec. 2.12 The Speaker may be authorized, during the remainder of the 
    session, to declare a recess at any time.

    On Sept. 11, 1959,(1) Mr. John W. McCormack, of 
Massachusetts, obtained unanimous consent that the Speaker be 
authorized for the balance of the session to declare recesses subject 
to the call of the Chair.
---------------------------------------------------------------------------
 1. 105 Cong. Rec. 19128, 19129, 86th Cong. 1st Sess.
---------------------------------------------------------------------------

               CERTAIN PROCEDURE FOR THE BALANCE OF THIS SESSION

        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that it 
    shall be in order during the remainder of this session of Congress 
    . . . for the Speaker to declare recesses subject to the call of 
    the Chair[.] . . .
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Massachusetts?
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, reserving 
    the right to object--and I shall not object--these matters were all 
    cleared with me. They are the customary procedures that are adopted 
    when we come up to the close of the session. . . .
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts [Mr. McCormack]?
        There was no objection.

    On Aug. 29, 1957,(3) Mr. McCormack asked unanimous 
consent that the Speaker might declare a recess at any time until the 
end of the session:
---------------------------------------------------------------------------
 3. 103 Cong. Rec. 16527, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

                  AUTHORIZING THE SPEAKER TO DECLARE A RECESS

        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that for 
    the balance of this session it may be in order for the Speaker to 
    declare a recess at any time subject to the call of the Chair.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts?

    There was no objection.

Sec. 2.13 By unanimous consent, the Speaker was authorized to declare a 
    recess at any time later in the day after the Committee of the 
    Whole had risen, subject to the call of the Chair.

    On May 18, 1971,(1) a Member made the following 
unanimous-consent request:
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 15612, 15613, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, I ask unanimous 
    consent that when the Committee of the Whole rises today it may be 
    in order for the Chair to declare a recess subject to the call of 
    the Chair.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana? . . .
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        There was no objection.

[[Page 737]]

    Parliamentarian's Note: The Committee on Interstate and Foreign 
Commerce was preparing to report House Joint Resolution 642 (emergency 
railroad strike legislation) and to obtain a rule from the Committee on 
Rules providing for the immediate consideration of the joint 
resolution, notwithstanding the three-day layover requirement of Rule 
XI clause 27.(3) The leadership hoped to call up the rule, 
and then the bill, immediately after they were reported, and to 
interrupt consideration of H.R. 3613 (Emergency Employment Act of 1971) 
if necessary. The leadership agreed to proceed with some general debate 
on H.R. 3613 and then, when the Committee rose, to adjourn to await the 
necessary committee reports on the railroad strike legislation.
---------------------------------------------------------------------------
 3. An amended version of this rule can be found under Rule XIII clause 
        4, House Rules and Manual Sec. 850 (2007).
---------------------------------------------------------------------------

Sec. 2.14 By unanimous consent, the Speaker was authorized to declare a 
    recess, subject to the call of the Chair, to extend not later than 
    a time certain on that day.

    On Oct. 14, 1972,(1) a Member asked unanimous consent 
that the Speaker be authorized to declare a recess as follows:
---------------------------------------------------------------------------
 1. 118 Cong. Rec. 36474, 92d Cong. 2d Sess.
---------------------------------------------------------------------------

                    AUTHORITY FOR SPEAKER TO DECLARE RECESS

        Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, I ask unanimous 
    consent that the Speaker be authorized to declare a recess, subject 
    to the call of the Chair, with the understanding that such a recess 
    shall not extend beyond 10:30 p.m. this evening.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana?
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        There was no objection.

For Emergencies

Sec. 2.15 Under clause 12(b)(2) of Rule I,(1) the Chairman 
    of the Committee of the Whole(2) may ``suspend the 
    business of the House when notified of an imminent threat to its 
    safety'' by declaring a recess

[[Page 738]]

    subject to the call of the Chair.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 639 (2007). See also 149 Cong. Rec. 7, 
        108th Cong. 1st Sess., Jan. 7, 2003 (H. Res. 5 [Sec. 2(c)]).
 2. Pursuant to clause 12 of Rule XVIII, House Rules and Manual 
        Sec. 992 (2007), rules of the House apply in the Committee of 
        the Whole and the Chairman of the Committee of the Whole 
        possesses the same authority as the Speaker, and therefore the 
        Committee rose and the House recessed simultaneously without a 
        report to the House.
---------------------------------------------------------------------------

    On June 29, 2005,(3) the following proceedings occurred:
---------------------------------------------------------------------------
 3. 151 Cong. Rec. 14835, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

                                {time}  1830

                                     RECESS

        The CHAIRMAN (during the vote).(4) Pursuant to 
    clause 12(b) of rule I, the House will stand in emergency recess 
    subject to the call of the Chair.
---------------------------------------------------------------------------
 4. John McHugh (NY).
---------------------------------------------------------------------------

        Accordingly (at 6 o'clock and 30 minutes p.m.), the House stood 
    in emergency recess subject to the call of the 
    Chair.                          -------------------

                                {time}  1923

                                  AFTER RECESS

        The recess having expired, the Committee on the Whole House on 
    the State of the Union resumed its sitting at 7 o'clock and 23 
    minutes p.m. with Mr. McHugh in the chair.

Sec. 2.16 Under clause 12(b)(1) of Rule I,(1) the Speaker 
    may ``suspend the business of the House when notified of an 
    imminent threat to its safety,'' by declaring a recess subject to 
    the call of the Chair.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 639 (2007).
---------------------------------------------------------------------------

    On May 11, 2005,(2) emergency authority to declare a 
recess was exercised for the first time by Speaker pro tempore Michael 
K. Simpson, of Idaho. The House stood in emergency recess for 90 
minutes.
---------------------------------------------------------------------------
 2. 151 Cong. Rec. 9163, 9164, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER pro tempore (during the vote). Pursuant to clause 
    12(b) of rule I, the House will stand in emergency recess subject 
    to the call of the Chair.
        Accordingly (at 12 o'clock and 5 minutes p.m.), the House stood 
    in emergency recess subject to the call of the 
    Chair.                          -------------------

                                {time}  1335

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Simpson) at 1 o'clock and 35 minutes p.m.

Sec. 2.17 The Chair exercised inherent emergency authority to terminate 
    the recess from ``morning-hour debate'' to the legislative day 
    proper at a time other than that previously established (by the 
    announcement from the Chair at 9:20 a.m. and also by standing order 
    in the resolution establishing convening

[[Page 739]]

    times for the session), noting ``the circumstances of today'' in 
    allusion to terrorist attacks on the United States, and having 
    convened the legislative day proper eight minutes earlier than the 
    time prescribed, immediately following the prayer the Chair 
    declared a recess subject to the call of the Chair under clause 
    12(a) of Rule I.(1)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 638 (2007).
---------------------------------------------------------------------------

    Parliamentarian's Note: The House reconvened at 9:52 a.m. on Sept. 
11, 2001, as the Capitol was being evacuated following the terrorist 
attacks on the World Trade Center and the Pentagon, amid reports that 
unidentified aircraft had entered the airspace surrounding the Capitol. 
The Speaker was escorted from the Chamber and taken to an undisclosed 
location shortly before the House convened. A couple of hours after the 
evacuation, the bipartisan leadership decided that the Capitol would 
not reopen for the rest of the day.
    The following proceedings took place on that date:(2)
---------------------------------------------------------------------------
 2. 147 Cong. Rec. 16750, 16752, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 9 
    a.m.                          -------------------

                              MORNING HOUR DEBATES

        The SPEAKER.(3) Pursuant to the order of the House 
    of January 3, 2001, the Chair will now recognize Members from lists 
    submitted by the majority and minority leaders for morning hour 
    debates. The Chair will alternate recognition between the parties, 
    with each party limited to not to exceed 25 minutes, and each 
    Member except the majority leader, the minority leader or the 
    minority whip limited to not to exceed 5 minutes, but in no event 
    shall debate extend beyond 9:50 a.m.
---------------------------------------------------------------------------
 3. J. Dennis Hastert (IL).
---------------------------------------------------------------------------

        The Chair recognizes the gentleman from Oregon (Mr. Blumenauer) 
    for 5 minutes. . . .                          -------------------

                                     RECESS

        The SPEAKER pro tempore.(4) There being no further 
    requests for morning hour debates, pursuant to clause 12, rule I, 
    the House will stand in recess until 10 a.m. today.
---------------------------------------------------------------------------
 4. Porter J. Goss (FL).
---------------------------------------------------------------------------

        Accordingly (at 9 o'clock and 20 minutes a.m.) the House stood 
    in recess until 10 a.m. 
    today.                          -------------------

                                {time}  0952

                                  AFTER RECESS

        The House was called to order by the Speaker pro tempore (Mr. 
    Goss) at 9 o'clock and 52 minutes a.m., thereby terminating the 
    recess.
        The SPEAKER pro tempore. Due to the circumstances of today, the 
    Chair calls the House to order at this time.

[[Page 740]]

        The prayer will be offered by the guest 
    chaplain.                          -------------------

                                     PRAYER

        The Reverend Gerard Creedon, St. Charles Borromeo Catholic 
    Church, offered the following prayer:
        God of peace and life, send Your spirit to heal our country; 
    bring consolation to all injured in today's tragedy in New York and 
    Washington. Protect us and help our leaders to lead us out of this 
    moment of crisis to a new day of peace. 
    Amen.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. The House will stand in recess subject 
    to the call of the Chair, pursuant to clause 12 of rule I.
        Accordingly (at 9 o'clock and 53 minutes a.m.), the House stood 
    in recess subject to the call of the Chair.

Sec. 2.18 The Speaker, in case of grave emergency, may exercise the 
    inherent authority of his position and declare the House in recess 
    on his own initiative, subject to the call of the Chair.

    On Mar. 1, 1954,(1) the following proceedings occurred 
in the House Chamber:
---------------------------------------------------------------------------
 1. 100 Cong. Rec. 2434, 83d Cong. 2d Sess. See also Ch. 4, Sec. 2, 
        supra.
---------------------------------------------------------------------------

                                     RECESS

        At approximately 2 o'clock and 30 minutes p.m. a demonstration 
    and the discharge of firearms, from the southwest House Gallery 
    (No. 11), interrupted the counting of the vote; the Speaker, 
    pursuant to the inherent power lodged in the Presiding Officer in 
    the case of grave emergency, after ascertaining that certain 
    Members had been wounded and to facilitate their care, at 2 o'clock 
    and 32 minutes p. m. declared the House in recess, subject to the 
    call of the Chair.
        The Members wounded were: Mr. Bentley of Michigan, Mr. Davis of 
    Tennessee, Mr. Fallon of Maryland, Mr. Jensen of Iowa, and Mr. 
    Roberts of Alabama.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 2 o'clock and 42 minutes 
    p.m.                          -------------------

                                  ADJOURNMENT

        Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, I move that 
    the House do now adjourn.
        The motion was agreed to; accordingly (at 2 o'clock and 43 
    minutes p. m.) the House adjourned until tomorrow, Tuesday, March 
    2, 1954, at 12 o'clock noon.

Sec. 2.19 Pursuant to the inherent authority of the Chair in case of 
    emergency, the Speaker declared the House to be in recess for the 
    purpose of participating in an air-raid drill.

[[Page 741]]

    On Mar. 2, 1943,(1) while the House was discussing House 
Resolution 23, amending the rules to establish a standing committee on 
aviation, the Speaker declared the House to be in recess in order to 
participate in an air-raid drill. The proceedings were as follows:
---------------------------------------------------------------------------
 1. 89 Cong. Rec. 1487, 78th Cong. 1st Sess.
---------------------------------------------------------------------------

        The SPEAKER.(2) The time of the gentleman from 
    Massachusetts has expired.
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. [Jack] NICHOLS [of Oklahoma]. Mr. Speaker, I offer an 
    amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Nichols: On page 1, line 4, after 
        ``on'' and before ``aviation'', insert ``civil and 
        commercial.''

        Mr. [Alfred L.] BULWINKLE [of North Carolina]. Mr. Speaker, I 
    rise in opposition to the amendment.
        The SPEAKER. The gentleman from North Carolina is recognized 
    for 1 hour.
        Mr. BULWINKLE. Mr. Speaker----

                                     recess

        The SPEAKER. Pursuant to the inherent power lodged in the 
    Presiding Officer in case of emergency, the Chair declares this 
    House in recess subject to the call of the Chair for the purpose of 
    participating in a practice air-raid drill. The alarm has sounded. 
    Members will leave the Chamber as rapidly as possible, and the 
    galleries will be cleared.
        Accordingly (at 2 o'clock and 10 minutes p. m.) the House stood 
    in recess, subject to the call of the Speaker.

                                  after recess

        At 3 o'clock and 4 minutes p.m., the House was called to order 
    by the Speaker.
        The SPEAKER. The gentleman from North Carolina [Mr. Bulwinkle] 
    has the floor.

Motion to Authorize Speaker to Declare Recess

Sec. 2.20 Under clause 4 of Rule XVI,(1) the Chair may 
    entertain a nondebatable motion that the Speaker be authorized to 
    declare a recess (recesses) as being of equal privilege with the 
    motion to adjourn.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. Sec. 911, 913 (2007).
---------------------------------------------------------------------------

    On Dec. 15, 1995,(2) the first use of the motion to 
authorize the Speaker to declare a recess subject to the call of the 
Chair occurred. The House may authorize the Speaker to declare (as the 
House could order directly) that it stand in recess for a period 
consistent with the art. I Sec. 5 constitutional constraint that 
neither House (recess or) adjourn for more than there days without the 
consent of the other.
---------------------------------------------------------------------------
 2. 141 Cong. Rec. 37107, 37108, 104th Cong. 1st. Sess.

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

[[Page 742]]

        MOTION TO AUTHORIZE SPEAKER TO DECLARE RECESSES SUBJECT TO THE 
              CALL OF THE CHAIR THROUGH MONDAY, DECEMBER 18, 1995

        Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I offer a 
    privileged motion.
        The SPEAKER pro tempore.(3) The Clerk will report 
    the motion.
---------------------------------------------------------------------------
 3. James Longley (ME).
---------------------------------------------------------------------------

        The Clerk read as follows:
        Mr. Armey moves that the Speaker may be authorized to declare 
    recesses subject to the call of the chair through Monday, December 
    18, 1995.

                             parliamentary inquiry

        Mr. [Victor] FAZIO of California. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state his 
    parliamentary inquiry.
        Mr. FAZIO of California. Mr. Speaker, as many Members may know, 
    this procedure has never been used before, and it is my 
    understanding that this procedure is being used to avoid a problem 
    we may anticipate down the road in terms of our ability to later 
    adjourn the House. I wonder if perhaps the Chair or majority leader 
    could enlighten us. The last time the House failed to adjourn 
    during the last Government shutdown, Members on this side of the 
    aisle were not notified ahead of time as to the Speaker's 
    intentions regarding the length of the recesses called as a result. 
    Regarding the length of recesses called, we would hope some 
    Democratic Members who at that time ended up remaining in their 
    offices throughout the weekend because they had not been assured in 
    advance of notice as to when the House could come back into session 
    would be informed, given perhaps as much as 2 days' notice as to 
    when we may be called into session. I wonder if the Chair or the 
    majority leader could assure Members on both sides of the aisle 
    that sufficient notice will be given so that we can avoid that kind 
    of problem in the future.
        The SPEAKER pro tempore. The Chair believes this is a 
    privileged motion, the Chair believes that adequate notice will be 
    given, and the Chair will defer to the majority leader in response 
    to the parliamentary inquiry.
        Mr. ARMEY. Mr. Speaker, if I might respond to the gentleman 
    from California that Members would be given ample notice before we 
    would reconvene this body. We obviously take this measure in order 
    for Members to be with their families later today, and tomorrow, 
    and Sunday, insofar as it possible to do that. Should work present 
    itself that would be compelling enough for us to interrupt that 
    time with their families, we will first notify the Members in ample 
    time for them to return, and then second, of course, convene to 
    take up that work. . . .
        Mr. FAZIO of California. I appreciate the gentleman's 
    assurance.
        The SPEAKER pro tempore. The question is on the motion offered 
    by the gentleman from Texas (Mr. Armey).
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. FAZIO of California. Mr. Speaker, I object to the vote on 
    the ground that a quorum is not present and make

[[Page 743]]

    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.
        The vote was taken by electronic device, and there were--yeas 
    215, nays 152, not voting 65 as follows:

                              [Roll No. 863] . . .

        So the motion was agreed to.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

During Specified Three-day Periods

Sec. 2.21 A privileged rule reported by the Committee on Rules (and 
    amended on motion of the floor manager) to authorize the Speaker to 
    declare the House in recesses subject to calls of the Chair during 
    three discrete periods, each consistent with the art. I Sec. 5 
    constitutional constraint that neither House (recess or) adjourn 
    for more than three days without consent of the other House.

    On Dec. 21, 1995,(1) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 1. 141 Cong. Rec. 38141-51, 104th Cong. 1st Sess.
            Parliamentarian's Note: The privileged resolution was 
        drafted for the Committee on Rules in stages. The reported 
        resolution was ordered reported when only a single three-day 
        period for recesses was contemplated. Then the need for a 
        second and a third three-day period arose. The third three-day 
        segment spanning the remainder of the first session was 
        included in Sec. 3 to require that ``after the House has been 
        in session on the calendar day of Saturday, December 30'' a 
        third three-day recess could be declared through 11:59 a.m. on 
        Wednesday, Jan. 3, 1996. This was sufficient to cover that 
        final three-day period since requiring the House to be back in 
        session first. The use of a special rule reported from the 
        Committee on Rules was considered necessary (as amended) to 
        cover recesses over multiple three-day periods, while the use 
        of the privileged motion on Dec. 15, 1995 (See Sec. 2.20, 
        supra) was considered adequate to cover recesses during a 
        single three-day period.
---------------------------------------------------------------------------

        RESOLUTION AUTHORIZING THE SPEAKER TO DECLARE RECESSES SUBJECT 
           TO THE CALL OF THE CHAIR FROM DECEMBER 23, 1995, THROUGH 
                               DECEMBER 27, 1995

        Ms. [Deborah] PRYCE [of Ohio]. Mr. Speaker, by direction of the 
    Committee on Rules, I call up House Resolution 320 and ask for its 
    immediate consideration.
        The Clerk read the resolution, as follows:

                                H. Res. 320

            Resolved, That the Speaker may declare recesses subject to 
        the call of the Chair on the calendar days of Saturday, 
        December 23, 1995,

[[Page 744]]

        through Wednesday, December 27, 1995. A recess declared 
        pursuant to this resolution may not extend beyond the calendar 
        day of Wednesday, December 27, 1995.

        The SPEAKER pro tempore.(2) The gentlewoman from 
    Ohio [Ms. Pryce] is recognized for 1 hour.
---------------------------------------------------------------------------
 2. Bill Barrett (NE).
---------------------------------------------------------------------------

        Ms. PRYCE. Mr. Speaker, for purposes of debate only, I yield 
    the customary 30 minutes to the gentleman from Massachusetts [Mr. 
    Moakley], the distinguished ranking member of the Committee on 
    Rules, pending which I yield myself such time as I may consume.
        During consideration of this resolution, all time yielded is 
    for the purpose of debate only.
        Mr. Speaker, House Resolution 320 is a simple, straightforward 
    resolution that allows the Speaker of the House to declare recesses 
    subject to the call of the Chair on the calendar days of Saturday, 
    December 23, 1995, through Wednesday, December 27, 1995. The 
    resolution further provides that any such recess may not extend 
    beyond the calendar day of Wednesday, December 27, 1995.
        Mr. Speaker, the Rules Committee brings this resolution to the 
    floor today for several important reasons. First, the resolution 
    specifically provides for the Speaker to declare recesses, and not 
    to adjourn the House at the end of business this week. This is an 
    important distinction which will permit the House to be on stand-by 
    should further progress be made in budget and other negotiations 
    between our leadership and the White House. . . .
        Mr. [John Joseph] MOAKLEY [of Massachusetts]. . . .
        I want to remind my colleagues, Mr. Speaker, that the 
    Constitution prohibits the House from recessing for more than 3 
    days--any recess or adjournment longer than 3 days requires the 
    concurrence of the other body.
        When the Democrats were in the majority, we never passed a rule 
    making a recess an adjournment. If Congress needed to adjourn, we 
    adjourned. . . .
        Mr. [Gerald B. H.] SOLOMON [of New York]. . . . [I]f I could 
    just reclaim my time, if the gentlewoman has a little extra time, 
    if we had made some progress the last time and if we felt there was 
    really sincerity at the other end of Pennsylvania Avenue, I would 
    be up here fighting for you for that CR. But the trouble is, you 
    know the President the other day met with the Republican leaders, 
    President Dole--he will be in in about a year--but Senator Dole and 
    Speaker Gingrich, and when he came out of that meeting we were all 
    excited because we really thought we had made some progress.
        The Vice President Al Gore comes out and refutes almost 
    everything that was said there. Then the Speaker's press secretary 
    about an hour later came out and even changed what Vice President 
    Gore was saying. Then on top of that, our former colleague, Mr. 
    Panetta, the Chief of Staff of the President, comes out and says 
    something else.
        . . . [I]t is so frustrating and confusing. It is hard to have 
    faith that there is going to be anything there. That is why we 
    cannot gamble. We have to hold their nose to the grindstone and see 
    if we cannot make some progress. I am trying. . . .

[[Page 745]]

        Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may 
    consume.
        Mr. Speaker, I urge my colleagues to vote ``no'' on the 
    previous question. If the previous question is defeated, I will 
    offer an amendment so that this House does not recess until we 
    adopt a clean continuing resolution keeping the Government running 
    until January 26.
        I include for the Record my proposed amendment.

                Previous Question Amendment to Recess Resolution

            At the end of the resolution, add the following:
            ``Sec. . Immediately upon the adoption of this resolution 
        the House shall without intervention of any point of order 
        consider in the House the joint resolution (H.J. Res. 131) 
        making further continuing appropriations for the fiscal year 
        1996, and for other purposes. The joint resolution shall be 
        debatable for one hour equally divided and controlled by the 
        Chairman and ranking minority member of the Committee on 
        Appropriations. The previous question shall be considered as 
        ordered on the joint resolution to final passage without 
        intervening motion except one motion to recommit with or 
        without instructions.
            Sec. . The recess authority provided in the previous 
        sections of this resolution shall be effective only on or after 
        the date on which H.J. Res. 131 is presented to the President 
        for approval.''

        Mr. Speaker, I have no further requests for time, and I yield 
    back the balance of my time.
        Ms. PRYCE. Mr. Speaker, I yield myself the balance of my time.
        Mr. Speaker, House Resolution 320 was reported by the Committee 
    on Rules last night by voice vote authorizing the Speaker to 
    declare recesses subject to the call of the Chair.
        The amendment I will offer would authorize the Speaker to 
    declare recesses subject to the call of the Chair on calendar day 
    Thursday, December 28, through Saturday, December 30.
        The amendment would further provide that after the House has 
    been in session on calendar day Saturday, December 30, the Speaker 
    may declare recesses subject to the call of the Chair on calendar 
    day Saturday, December 30, through Wednesday, January 3.
        Mr. Speaker, the Speaker needs this authority to keep the House 
    in recess next week subject to the call of the Chair, pending the 
    ongoing negotiations over the budget.
        Members should be aware that the House will not be adjourned, 
    but rather in recess on standby, should budget negotiations prove 
    successful.

                         amendment offered by ms. pryce

        Ms. PRYCE. Mr. Speaker, I offer an amendment authorized by the 
    Committee on Rules.
        The Clerk read as follows:

            Amendment offered by Ms. Pryce of Ohio: Strike all after 
        the Resolved clause and insert:
            That the Speaker may declare recesses subject to the call 
        of the Chair on the calendar days of Saturday, December 23, 
        1995, through Wednesday, December 27, 1995.
            Sec. 2. The Speaker may declare recesses subject to the 
        call of the Chair on the calendar days of Thursday, December 
        28, 1995, through Saturday, December 30, 1995.
            Sec. 3. After the House has been in session on the calendar 
        day of Saturday, December 30, 1995, the Speaker may declare 
        recesses subject

[[Page 746]]

        to the call of the Chair on the calendar days of Saturday, 
        December 30, 1995, through Wednesday, January 3, 1996.
            Sec. 4.(a) A recess declared pursuant to the first section 
        of this resolution may not extend beyond the calendar day of 
        Wednesday, December 27, 1995.
            (b) A recess declared pursuant to section 2 of this 
        resolution may not extend beyond the calendar day of Saturday, 
        December 30, 1995.
            (c) A recess declared pursuant to section 3 of this 
        resolution may not extend beyond 11:55 a.m. on the calendar day 
        of Wednesday, January 3, 1996.

        Ms. PRYCE. Mr. Speaker, I have no further requests for time, I 
    yield back the balance of my time, and I move the previous question 
    on the resolution.
        The SPEAKER pro tempore. The question is on ordering the 
    previous question.
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Ms. PRYCE. 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.
        The vote was taken by electronic device, and there were--yeas 
    228, nays 179, not voting 26, as follows:

                              [Roll No. 878] . . .

        So the previous question was ordered.
        The result of the vote was announced as above recorded.
        The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question 
    is on the amendment offered by the gentlewoman from Ohio [Ms. 
    Pryce].
        The amendment was agreed to.
        The SPEAKER pro tempore. The question is on the resolution, as 
    amended.
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.

                                 recorded vote

        Ms. PRYCE. Mr. Speaker, I demand a recorded vote.
        A recorded vote was ordered.
        The vote was taken by electronic device, and there were -- ayes 
    224, noes 186, not voting 24, as follows:

                              [Roll No. 879] . . .

        So the resolution, as amended, was agreed to.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

Declaring Recess When No Question is Pending Before the House

Sec. 2.22 A Member's mere revelation that he seeks to offer a motion to 
    adjourn does not suffice to make the motion pending, and thus the 
    Chair remains able to declare a short recess under clause 12 of 
    Rule I.(1)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 638 (2007).

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

[[Page 747]]

    On June 25, 2003,(2) the following proceedings took 
place between recognitions for special-order speeches:
---------------------------------------------------------------------------
 2. 149 Cong. Rec. 16241, 16243, 108th Cong. 1st Sess.
---------------------------------------------------------------------------

                                     RECESS

        Mr. [Sherrod] BROWN of Ohio. Mr. Speaker, I move the House 
    adjourn until tomorrow at 10 a.m.
        Mr. [Frank] PALLONNE [Jr., of New Jersey]. I second the motion, 
    Mr. Speaker.
        The SPEAKER pro tempore.(3) Pursuant to clause 12(a) 
    of rule I, the Chair declares the House in recess subject to the 
    call of the Chair.
---------------------------------------------------------------------------
 3. Scott Garrett (NJ).
---------------------------------------------------------------------------

                             parliamentary inquiry

        Mr. BROWN of Ohio. Mr. Speaker, parliamentary inquiry. Does a 
    motion to adjourn not take precedence over any other motion?
        The SPEAKER pro tempore. The chair did not recognize the 
    gentleman for that purpose. There is therefore no question now 
    pending before the Chair at this time, and the Chair may declare a 
    recess.
        Ms. [Marcy] KAPTUR [of Ohio]. Mr. Speaker, parliamentary 
    inquiry.
        The SPEAKER pro tempore. For what purpose does the gentlewoman 
    from Ohio rise?
        Ms. KAPTUR. I would like to make an inquiry of the Chair as to 
    why the gentleman from Ohio's parliamentary request to adjourn the 
    House was not received by the Chair.
        The SPEAKER pro tempore. When there is no question pending, the 
    Chair has the authority to declare the House in recess. As such, 
    pursuant to clause 12(a) of rule I, the chair declares a recess 
    subject to the Call of the Chair.
        Accordingly (at 11 o'clock and 15 minutes p.m.), the House 
    stood in recess subject to the call of the Chair. . . .

         {time}  0618                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Dreier) at 6 o'clock and 18 minutes a.m., 
    Thursday, June 26, 2003, Legislative Day, Wednesday, June 25, 2003. 
    . . .                          -------------------

                                  ADJOURNMENT

        Ms. PRYCE of Ohio. Mr. Speaker, I move that the House do now 
    adjourn.
        The motion was agreed to; accordingly (at 6 o'clock and 20 
    minutes a.m.), the House adjourned until today, Thursday, June 26, 
    2003, at 10 a.m.

Sec. 2.23 Having postponed proceedings on a pending question under 
    clause 5 of Rule I,(1) the Speaker may declare a recess 
    for a short time under clause 12 of Rule I(2)

[[Page 748]]

    (there being no question then pending before the House).
---------------------------------------------------------------------------
 1. Amended form of this rule can now be found under Rule XX clause 8, 
        House Rules and Manual Sec. 1030 (2007).
 2. House Rules and Manual Sec. 638 (2007).
---------------------------------------------------------------------------

    On Apr. 30, 1998,(3) the following occurred on the floor 
of the House:
---------------------------------------------------------------------------
 3. 144 Cong. Rec. 7380, 7381, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

        The previous question was ordered.
        The SPEAKER pro tempore.(4) The question is on the 
    resolution.
---------------------------------------------------------------------------
 4. Jo Ann Emerson (MO).
---------------------------------------------------------------------------

        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. [Tony P.] HALL of Ohio. Mr. Speaker, on that I demand the 
    yeas and nays.
        The yeas and nays were ordered.
        The SPEAKER pro tempore. Pursuant to clause 5 of rule I, 
    further proceedings on this question are postponed until later 
    today.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the 
    Chair declares the House in recess subject to the call of the 
    Chair.
        Accordingly (at 3 o'clock and 14 minutes p.m.), the House stood 
    in recess subject to the call of the Chair. The bells will be rung 
    15 minutes prior to reconvening.

Sec. 2.24 The customary inquiry by the Chair asking ``For what purpose 
    does the gentleman rise?'' does not immediately confer recognition, 
    such that a Member's mere revelation that he seeks to offer a 
    motion to adjourn does not suffice to make that motion ``pending''.

    On Oct. 28, 1997,(1) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 1. 143 Cong. Rec. 23524, 23525, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

                          MOTION OFFERED BY MR. ENSIGN

        The SPEAKER pro tempore.(2) For what purpose does 
    the gentleman from Nevada rise?
---------------------------------------------------------------------------
 2. Vincent K. Snowbarger (KS).
---------------------------------------------------------------------------

        Mr. [John] ENSIGN [of Nevada]. Mr. Speaker, I have a motion at 
    the desk.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Under clause 12 of rule I, the Chair 
    declares the House in recess at this time subject to the call of 
    the Chair, there being no business pending at this point.
        Accordingly (at 1 o'clock and 15 minutes p.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                {time}  1701

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore [Mr.

[[Page 749]]

    Snowbarger] at 5 o'clock and 2 minutes 
    p.m.                          -------------------

                               MOTION TO ADJOURN

        Mr. ENSIGN. Mr. Speaker, I offer a privileged motion.
        The SPEAKER pro tempore. The Clerk will report the privileged 
    motion.
        The Clerk read as follows:

            Mr. Ensign moves that the House do now adjourn.

        The SPEAKER pro tempore. The question is on the motion to 
    adjourn offered by the gentleman from Nevada [Mr. Ensign].
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it. . . .
        The vote was taken by electronic device, and there were -- yeas 
    52, nays 359, answered ``present'' 1, not voting 21, as follows:

                              [Roll No. 532] . . .

        So the motion to adjourn was rejected.
        The result of the vote was announced as above recorded.

Examples of Overnight and Other Recesses

Sec. 2.25 Under clause 12 of Rule I,(1) the Speaker may 
    ``suspend the business of the House for a short time when no 
    question is pending'' by declaring a recess subject to the call of 
    the Chair.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 638 (2007).
---------------------------------------------------------------------------

    On Dec. 14, 2000,(2) the following events occurred:
---------------------------------------------------------------------------
 2. 146 Cong. Rec.  26657, 106th Cong. 2d Sess.
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER pro tempore.(3) Pursuant to clause 12 of 
    rule I, the Chair declares the House in recess subject to the call 
    of the Chair.
---------------------------------------------------------------------------
 3. John M. Shimkus (IL).
---------------------------------------------------------------------------

        Accordingly (at 4 o'clock and 13 minutes p.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                {time}  0056

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Shimkus) at 12 o'clock and 56 minutes a.m.
        The SPEAKER pro tempore. The House will be in 
    order.                          -------------------

                                     RECESS

        The SPEAKER pro tempore (Mr. Shimkus). Pursuant to clause 12 of 
    rule I, the Chair declares the House in recess subject to the call 
    of the Chair.
        Accordingly (at 12 o'clock and 57 minutes a.m.), the House 
    stood in recess subject to the call of the Chair. . . .

[[Page 750]]

                                   -------------------{time}  0905

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Pease)(4) at 9 o'clock and 5 
    minutes a.m.
---------------------------------------------------------------------------
 4. Edward A. Pease (IN).                          -------------------
---------------------------------------------------------------------------

         REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.J. RES. 
         133, MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 
                                      2001

        Mr. LINDER, from the Committee on Rules, submitted a privileged 
    report (Rept. No. 106-1030) on the resolution (H. Res. 674) 
    providing for consideration of the joint resolution (H.J. Res. 133) 
    making further continuing appropriations for fiscal year 2001, and 
    for other purposes, which was referred to the House Calendar and 
    ordered to be printed.                          -------------------

         REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.J. RES. 
         134, MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 
                                      2001

        Mr. LINDER, from the Committee on Rules, submitted a privileged 
    report (Rept. No. 106-1031) on the resolution (H. Res. 675) 
    providing for consideration of the joint resolution (H.J. Res. 134) 
    making further continuing appropriations for fiscal year 2001, and 
    for other purposes, which was referred to the House Calendar and 
    ordered to be printed.                          -------------------

        REPORT ON RESOLUTION WAIVING SAME DAY CONSIDERATION OF CERTAIN 
                 RESOLUTIONS REPORTED BY THE COMMITTEE ON RULES

        Mr. LINDER, from the Committee on Rules, submitted a privileged 
    report (Rept. No. 106-1032) on certain resolutions waiving a 
    requirement of clause 6(a) of rule XIII with respect to 
    consideration of certain resolutions reported from the Committee on 
    Rules, which was referred to the House Calendar and ordered to be 
    printed.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the 
    Chair declares the House in recess subject to the call of the 
    Chair.
        Accordingly (at 9 o'clock and 7 minutes a.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                {time}  0944

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Pease) at 9 o'clock and 44 minutes a.m.

    Parliamentarian's Note: The House reconvened solely to avoid 
breaking the record for the length of a ``short'' recess under clause 
12 of Rule I (see Sec. 2.26, infra, [10 hours]). These two longer 
recesses spanned a period of nearly 17 hours. The third, 37-minute 
recess that immediately preceded adjournment was spent waiting in

[[Page 751]]

vain for the filing of a conference report.

Sec. 2.26 Instances in which, following the refusal of the House to 
    adjourn on a rollcall vote, the ``short time'' for which business 
    was suspended by a recess pursuant to clause 12 of Rule 
    I(1) was invoked by the Chair to effectively recess the 
    House from 3:14 p.m. on Saturday, Nov. 18, to 8:40 p.m. on Sunday, 
    Nov. 19, by expiring and redeclaring the recesses as follows: (1) 
    from 3:14 p.m. to 10 p.m. on Saturday (6 hrs. 46 mins.); (2) from 
    10:01 p.m. on Saturday to 9:01 a.m. on Sunday (11 hrs.); (3) from 
    9:01 a.m. to 4 p.m. on Sunday (6 hrs. 59 mins.); and (4) from 4:01 
    p.m. to 8:40 p.m. on Sunday (4 hrs. 39 mins.).
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 638 (2007).
---------------------------------------------------------------------------

    On Nov. 18, 1995,(2) and on Nov. 19, 1995,(3) 
the following proceedings occurred in the House:
---------------------------------------------------------------------------
 2. 141 Cong. Rec. 33996, 33997, 104th Cong. 1st Sess.
 3. Id. at p. 34036.
---------------------------------------------------------------------------

                                {time}  1444

        So, (two-thirds having voted in favor thereof) the rules were 
    suspended and the joint resolution was passed.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the 
    table.                          -------------------

                               MOTION TO ADJOURN

        Mr. [John E.] LINDER [of Georgia]. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER pro tempore (Mr. Emerson.)(4) The 
    question is on the motion offered by the gentleman from Georgia 
    [Mr. Linder].
---------------------------------------------------------------------------
 4. Bill Emerson (MO).
---------------------------------------------------------------------------

        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. [James P.] MORAN [of Virginia]. Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    32, nays 361, answered ``present'' 1, not voting 38, as follows:

                              [Roll No. 819] . . .

        So the motion to adjourn was rejected.
        The result of the vote was announced as above 
    recorded.                          -------------------

                                     RECESS

        The SPEAKER pro tempore (Mr. Emerson). Pursuant to clause 12 of 
    rule I, the House will stand in recess, subject to the call of the 
    Chair.
        Accordingly (at 3 o'clock and 14 minutes p.m.), the House stood 
    in recess subject to the call of the Chair.

[[Page 752]]

                                   -------------------{time}  2200

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Goss) at 10 o'clock 
    p.m.                          -------------------

                    ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

        The SPEAKER pro tempore.(5) The Chair desires to 
    announce that pursuant to clause 4 of rule I, the Speaker signed 
    the following enrolled bills during the recess today: H.R. 2020, 
    H.R. 2126, and H.R. 2492.
---------------------------------------------------------------------------
 5. Porter J. Goss (FL).                          -------------------
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12, rule I, the 
    Chair declares the House in recess subject to the call of the 
    Chair.
        Accordingly, (at 10 o'clock and 1 minute p.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Goss) at 9 o'clock and 1 minute 
    a.m.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the 
    Chair declares the House in recess subject to the call of the 
    Chair. . . .                          -------------------

                                {time}  1600

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Goss) at 4 o'clock 
    p.m.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the 
    Chair declares the House in recess, subject to the call of the 
    Chair.
        Accordingly (at 4 o'clock and 1 minute p.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                {time}  2040

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Davis)(6) at 8 o'clock and 49 
    minutes p.m.
---------------------------------------------------------------------------
 6. Thomas M. Davis (VA).                          -------------------
---------------------------------------------------------------------------

                            MESSAGE FROM THE SENATE

        A message from the Senate by Mr. Lundregan, one of its clerks, 
    announced that the Senate had passed with an amendment a joint 
    resolution of the House of the following title:

                                 H.J. Res. 123

            Making further continuing appropriations for fiscal year 
        1996, and for other purposes.

[[Page 753]]

Sec. 2.27 Instance where the House recessed for almost 10 hours under 
    the Speaker's clause 12, Rule I(1) authority to declare 
    a ``short'' recess (to allow the chairman of the Committee on the 
    Judiciary to introduce through the hopper a major crime bill to be 
    considered on the floor the following week).
---------------------------------------------------------------------------
 1. Id. at Sec. 638.
---------------------------------------------------------------------------

    On Mar. 18, 1994,(2) the Chair, after a 10-hour recess, 
declared the House adjourned by unanimous consent (i.e., without 
motion):
---------------------------------------------------------------------------
 2. 140 Cong. Rec. 5468, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER pro tempore.(3) Pursuant to clause 12, 
    rule I, the Chair declares the House in recess subject to the call 
    of the Chair.
---------------------------------------------------------------------------
 3. Robert Filner (CA).
---------------------------------------------------------------------------

        Accordingly (at 12 o'clock and 55 minutes p.m.) the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------

                                {time}  2238

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore [Mr. Brooks](4) at 10 o'clock and 38 
    minutes p.m. . . .
---------------------------------------------------------------------------
 4. Jack B. Brooks (TX).                          -------------------
---------------------------------------------------------------------------

                                  ADJOURNMENT

        The SPEAKER pro tempore. Without objection, the House stands 
    adjourned until 12 noon Monday next.
        There was no objection.
        Accordingly (at 10 o'clock and 39 minutes p.m.), under its 
    previous order, the House adjourned until Monday, March 21, 1994, 
    at 12 noon. . . .                          -------------------

                        PUBLIC BILLS AND RESOLUTIONS

        Under clause 5 of rule X and clause 4 of rule XXII, public 
    bills and resolutions were introduced and severally referred as 
    follows: . . .

          By Mr. Brooks (for himself, Mr. Edwards of California, Mr. 
                           Hughes, and Mr. Schumer):
    H.R. 4092. A bill to control and prevent crime; jointly, to the 
Committees on the Judiciary, Education and Labor, Energy and Commerce, 
Banking, Finance and Urban Affairs, and Government Operations.