[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 39. Recess]
[Â§ 3. Purposes]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 753-771]
 
                               CHAPTER 39
 
                                 Recess
 
Sec. 3. Purposes

    Recesses are used when the House wishes to suspend business on the 
floor to await resumption of subsequent legislative business, including 
time to be permitted for Members to return to the House upon a joint 
leadership recall from an adjournment to a day certain,(1) 
or to permit ceremonies, caucuses, or security or other informational 
(both secret and open)

[[Page 754]]

briefings to be conducted on the floor, or during emergencies. On 
occasion, especially before adoption of clause 12 of Rule I in 
1993,(2) when the Speaker was given specific authority to 
declare a recess, the purpose of the recess was stipulated in the order 
of the House.(3)
---------------------------------------------------------------------------
 1. See Sec. 3.12, infra.
 2. House Rules and Manual Sec. 638 (2007).
 3. See Sec. Sec. 3.1-3.11, 
        infra.                          -------------------
---------------------------------------------------------------------------

Illness of Member

Sec. 3.1 Where a Member was suddenly taken ill on the floor of the 
    House, the Speaker pro tempore, on motion and without objection, 
    declared a short recess while medical attention was administered 
    and the stricken Member assisted from the floor.

    On July 8, 1969,(1) Mr. Frank T. Bow, of Ohio, was taken 
ill as he sat in the Chamber as the Chair put the question on adoption 
of House Resolution 447, providing for the consideration of H.R. 11249, 
authorizing funds for the John F. Kennedy Center for Performing Arts.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 18615, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

                                     RECESS

        Mr. [John A.] YOUNG [of Texas]. Mr. Speaker, I move that the 
    House stand in recess subject to the call of the Chair.
        The SPEAKER pro tempore (Mr. Albert).(2) Without 
    objection the House will stand in recess subject to the call of the 
    Chair.
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        There was no objection.
        Accordingly (at 1 o'clock and 45 minutes 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. Albert) at 1 o'clock and 51 minutes p.m.

Receive Presidential Messages

Sec. 3.2 The Speaker, by unanimous consent, declared the House in 
    recess, subject to the call of the Chair, to await the receipt of 
    certain messages from the President.

    On Jan. 17, 1969,(1) the following proceedings occurred 
on the floor of the House:
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 1188, 1192, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER.(2) The Chair understands that the 
    President is sending some messages to the House which will be here 
    shortly. Without objection, the House will stand in recess subject 
    to the call of the Chair.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        There was no objection.

[[Page 755]]

        Accordingly (at 12 o'clock and 11 minutes 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. Albert)(3) at 12 o'clock and 24 
    minutes p.m.
---------------------------------------------------------------------------
 3. Carl Albert (OK).                          -------------------
---------------------------------------------------------------------------

                          MESSAGES FROM THE PRESIDENT

        Sundry messages in writing from the President of the United 
    States were communicated to the House by Mr. Geisler, one of his 
    secretaries. . . .                          -------------------

            ACHIEVEMENTS IN AERONAUTICS AND SPACE--MESSAGE FROM THE 
               PRESIDENT OF THE UNITED STATES (H. DOC. NO. 91-55)

        The SPEAKER pro tempore laid before the House the following 
    message from the President of the United States; which was read 
    and, together with the accompanying papers, without objection, 
    referred to the Committee on Science and Astronautics and ordered 
    to be printed with illustrations:

                             To the Congress of the United States:

        This report summarizes a year of significant achievement in 
    aeronautics and in space--culminating in the epochal Apollo 8 
    flight in December, in which three astronauts orbited the Moon ten 
    times and returned safely to Earth. A courageous, pioneering 
    exploration! . . .
        Our Nation is richer and stronger because of our space effort. 
    I recommend that America continue to pursue the challenge of space 
    exploration.

                                                Lyndon B. Johnson.

                                                  The White House,

                                                 January 17, 1969.

Await Senate Messages

Sec. 3.3 The House stood in recess to await a message from the Senate.

    On Feb. 7, 1969,(1) the Speaker,(2) by 
unanimous consent, declared the House in recess subject to the call of 
the Chair:
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 3268, 91st Cong. 1st Sess.
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

                                     RECESS

        The SPEAKER. Without objection, the House will stand in recess 
    for a few minutes while we await a message from the Senate.
        There was no objection.
        Accordingly (at 12 o'clock and 14 minutes 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 12 o'clock and 30 minutes 
    p.m.                          -------------------

                            MESSAGE FROM THE SENATE

        A message from the Senate by Mr. Arrington, one of its clerks, 
    announced

[[Page 756]]

    that the Senate had passed without amendment, joint and concurrent 
    resolutions of the House of the following titles:

            H.J. Res. 14. Joint resolution making a supplemental 
        appropriation for the fiscal year ending June 30, 1969, and for 
        other purposes;
            H. Con. Res. 124. Concurrent resolution providing for an 
        adjournment of the two Houses of Congress from Friday, February 
        7, 1969, to Monday, February 17, 1969; and
            H. Con. Res. 133. Concurrent resolution commending the 
        leadership of the Boy Scouts of America for their fine work and 
        contribution to American youth.

Await Committee Reports

Sec. 3.4 The House stood in recess to await a report from the Committee 
    on Interstate and Foreign Commerce on emergency railroad strike 
    legislation and a privileged report from the Committee on Rules 
    relating thereto.

    On Mar. 4, 1970,(1) the Speaker(2) was 
authorized, by unanimous consent, to declare a recess subject to the 
call of the Chair:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 5867, 5887, 5896, 91st Cong. 2d Sess.
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

         AUTHORITY FOR THE SPEAKER TO DECLARE RECESS TODAY SUBJECT TO 
                               CALL OF THE CHAIR

        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, if I may have the 
    attention of the distinguished minority leader, I ask unanimous 
    consent that it may be in order at any time today for the Speaker 
    to declare a recess, subject to the call of the Chair.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Oklahoma? . . .
        There was no objection. . . 
    .                          -------------------

                              INQUIRY AS TO RECESS

        Mr. [Chalmers P.] WYLIE [of Ohio]. Mr. Speaker, as I understand 
    it, the House will go into recess soon to await action on the part 
    of the Committee on Interstate and Foreign Commerce in connection 
    with the strike bill. Is that correct?
        The SPEAKER pro tempore. That is the understanding of the 
    Chair. . . .                          -------------------

                                     RECESS

        The SPEAKER. In accordance with the unanimous-consent request 
    granted and heretofore entered into, the Chair declares a recess 
    subject to the call of the Chair. The bells will be rung 15 minutes 
    before the House reconvenes.
        Accordingly (at 2 o'clock and 28 minutes 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 5 o'clock and 50 minutes p.m.

[[Page 757]]

Awaiting Conference Report

Sec. 3.5 Pursuant to authority granted by unanimous consent, the 
    Speaker declared a recess until a time certain on that day to await 
    presentation of a conference report on which conferees had reached 
    agreement.

    On Dec. 14, 1971,(1) the following announcement was made 
on the floor of the House:
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 46884, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

                           ANNOUNEMENT BY THE SPEAKER

        The SPEAKER.(2) The Chair wishes to make an 
    announcement.
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        The chairman of the Committee on Appropriations has advised he 
    would like to call up the conference report on the Defense 
    Department appropriation bill. The report has been agreed 
    to.                          -------------------
        The SPEAKER. Under the circumstances, the Chair declares a 
    recess until 6:45 p.m.
        Accordingly (at 6 o'clock and 15 minutes p.m.) the House stood 
    in recess until 6:45 
    p.m.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 7 o'clock and 35 minutes p.m. . . .

            CONFERENCE REPORT ON H.R. 11731, DEPARTMENT OF DEFENSE 
                              APPROPRIATIONS, 1972

        Mr. [George H.] MAHON [of Texas] submitted the following 
    conference report and statement on the bill (H.R. 11731) making 
    appropriations for the Department of Defense for the fiscal year 
    ending June 30, 1972, and for other 
    purposes:                          -------------------

                    conference report (h. rept. no. 92-754)

            The committee of conference on the disagreeing votes of the 
        two Houses on the amendments of the Senate to the bill (H.R. 
        11731) ``making appropriations for the Department of Defense 
        for the fiscal year ending June 30, 1972, and for other 
        purposes,'' having met, after full and free conference, have 
        agreed to recommend and do recommend to their respective Houses 
        as follows: . . .

Awaiting Senate Action

Sec. 3.6 The House recessed three times to times certain by unanimous 
    consent awaiting possible Senate action on a House joint resolution 
    continuing appropriations for one month for several departments of 
    the Federal Government which were without funds, where the House 
    had adopted a special order providing for sessions every three days 
    for the remainder of the session until otherwise ordered by the

[[Page 758]]

    House (with the intention of conducting no legislative business for 
    one month).

    On Nov. 4, 1977,(1) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 1. 123 Cong. Rec. 37066, 37067, 37071, 37072, 37077, 37088, 95th Cong. 
        1st Sess.
---------------------------------------------------------------------------

                                     RECESS

        Mr. [John E.] BRADEMAS [of Indiana]. Mr. Speaker, I ask 
    unanimous consent that the House recess subject to the call of the 
    Chair, but in no event later than 12:30 o'clock p.m.

        The SPEAKER pro tempore.(2) Is there objection to 
    the request of the gentleman from Indiana? . . .
---------------------------------------------------------------------------
 2. Robert N. Giaimo (CT).
---------------------------------------------------------------------------

        There was no objection.
        The SPEAKER pro tempore. The House will stand in recess subject 
    to the call of the Chair.
        Accordingly (at 11 o'clock and 10 minutes a.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 12 o'clock and 30 minutes 
    p.m.                          -------------------

                               CALL OF THE HOUSE

        Mr. BRADEMAS. Mr. Speaker, I move a call of the House. . . 
    .                          -------------------

                                     RECESS

        Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, I ask 
    unanimous consent that the House may stand in recess until 2 
    o'clock.
        The SPEAKER pro tempore. Is there objection to the request of 
    the gentleman from Texas? . . .
        Mr. BAUMAN. Mr. Speaker, I object.
        The SPEAKER pro tempore. Objection is heard.

                          motion offered by mr. bauman

        Mr. BAUMAN. Mr. Speaker, I offer a privileged motion.
        The Clerk read as follows:

            Mr. Bauman moves that the House do now adjourn.

        The SPEAKER pro tempore. The question is on the motion offered 
    by the gentleman from Maryland.
        The question was taken; and on a division (demanded by Mr. 
    Bauman) there were -- ayes 21; noes 124.
        So the motion was rejected.
        Mr. WRIGHT. Mr. Speaker, in view of the feeling of the House 
    and its willingness to be patient for yet a little while, I wonder 
    if I might prevail upon my friend not to object if I were to renew 
    my unanimous-consent request.
        Mr. BAUMAN. The gentleman from Maryland is able to read the 
    will of the House. What is the gentleman's request?
        Mr. WRIGHT. Mr. Speaker, I would like to renew the unanimous 
    consent-request that the House may stand in recess until 2 o'clock. 
    . . .                          -------------------

                                     RECESS

        Mr. [John B.] ANDERSON of Illinois. Mr. Speaker, I ask 
    unanimous-

[[Page 759]]

    consent that the House stand in recess for 5 minutes.
        The SPEAKER.(3) Is there objection to the request of 
    the gentleman from Illinois?
---------------------------------------------------------------------------
 3. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------

        Mr. BAUMAN. Mr. Speaker, reserving the right to object, we have 
    recessed now three times. The Speaker has made it clear that under 
    the rules there is absolutely no way in which this matter could be 
    considered today. It is even doubtful that it could be considered 
    next week.
        What is the purpose of continuing to recess and recess and 
    recess, since there is nothing that could be done today? Will the 
    gentleman from Illinois inform me as to what might be accomplished 
    by this?
        Mr. ANDERSON of Illinois. Mr. Speaker, will the gentleman 
    yield?
        Mr. BAUMAN. I yield to the gentleman from Illinois.
        Mr. ANDERSON of Illinois. Mr. Speaker, it is very difficult for 
    me to say, frankly. I want to be just as candid with the gentleman 
    from Maryland (Mr. Bauman) as I can be.
        I have reason to believe that if certain Members would have 4 
    or 5 minutes to visit together, perhaps we could then come back and 
    adjourn this House until next Tuesday.
        Mr. BAUMAN. I think that could be done now.
        Mr. ANDERSON of Illinois. Mr. Speaker, the gentleman may 
    possibly be correct. I see some advantages in pursuing the course 
    that I have suggested, and that would not delay us for more than 5 
    minutes.
        Mr. BAUMAN. Mr. Speaker, we have special orders scheduled, and 
    we have other matters that can be taken care of in the interim.
        Mr. Speaker, I withdraw my reservation of objection.
        Mr. ANDERSON of Illinois. Mr. Speaker, I renew my unanimous-
    consent request that the House stand in recess for 5 minutes.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Illinois?
        There was no objection.
        The SPEAKER. The Chair declares the House in recess for a 
    period of 5 minutes.
        Accordingly (at 2 o'clock and 51 minutes p.m.) the House stood 
    in recess for approximately 5 
    minutes.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker pro tempore (Mr. Wright) at 2 o'clock and 58 minutes p.m. . 
    . .                          -------------------

                                  ADJOURNMENT

        Mr. [David L.] CORNWELL [of Indiana]. Mr. Speaker, I move that 
    the House do now adjourn.
        The motion was agreed to; accordingly (at 3 o'clock and 15 
    minutes p.m.), under its previous order, the House adjourned until 
    Tuesday, November 8, 1977. [sic] at 12 o'clock noon.

Prepare for Joint Session or Joint Meeting

Sec. 3.7 By unanimous consent, the Speaker was authorized

[[Page 760]]

    to declare a recess on the following day: (1) to receive the 
    President in a joint session; and (2) to receive the Apollo 15 
    Astronauts in a joint meeting.

    On Sept. 8, 1971,(1) a concurrent resolution providing 
for a joint session to receive a message from the President was called 
up as privileged:
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 30845, 92d Cong. 1st Sess. For additional 
        information on joint sessions to receive message from the 
        President, see Ch. 35, supra. For other joint meetings to 
        receive astronauts, see Ch. 36, supra.
---------------------------------------------------------------------------

            PROVIDING FOR A JOINT SESSION TO HEAR AN ADDRESS BY THE 
                                   PRESIDENT

        Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, I 
    offer a privileged concurrent resolution (H. Con. Res. 395) and ask 
    for its immediate consideration.
        The Clerk read the concurrent resolution as follows:

                                H. Con. Res. 395

        Resolved by the House of Representatives (the Senate 
    concurring), That the two Houses of Congress assemble in the Hall 
    of the House of Representatives on Thursday, September 9, 1971, at 
    12:30 p.m., for the purpose of receiving such communications as the 
    President of the United States shall be pleased to make to them.
        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the 
    table.                          -------------------

           AUTHORIZING THE SPEAKER TO DECLARE A RECESS ON THURSDAY, 
                                  SEPTEMBER 9

        Mr. O'NEILL. Mr. Speaker, I ask unanimous consent that it may 
    be in order for the Speaker to declare a recess at any time on 
    Thursday, September 9. The reasons for the request are:
        First, to receive in joint session the President of the United 
    States.
        Second, to receive in joint meeting the Apollo astronauts, Col. 
    David R. Scott, U.S. Air Force, Apollo 15 commander; Col. James B. 
    Irwin, U.S. Air Force, lunar module pilot; and Lt. Col. Alfred M. 
    Worden, U.S. Air Force, command module pilot.
        The SPEAKER.(2) Without objection, it is so ordered.
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        There was no 
    objection.                          -------------------

                          ANNOUNCEMENT OF THE SPEAKER

        The SPEAKER. The Chair desires to make an announcement.
        After consultation with the majority and minority leaders, and 
    with their consent and approval, the Chair announces that on 
    Thursday, September 9, 1971, the date set for the joint session to 
    hear an address by the President of the United States, only the 
    doors immediately opposite the Speaker and those on his left and 
    right will be open. No one will be allowed on the floor of the 
    House who does not have the privileges of the floor of the House.

Conduct a Reception

Sec. 3.8 The Speaker was authorized to declare a recess on a

[[Page 761]]

    future day for the purpose of receiving former Members of Congress 
    in the Chamber.

    On May 19, 1978,(1) a Member made a unanimous-consent 
request that the Speaker declare a recess subject to the call of the 
Chair:
---------------------------------------------------------------------------
 1. 124 Cong. Rec. 14660, 95th Cong. 2d Sess. For additional 
        information about receiving former Members into the Chamber, 
        see Ch. 36, Sec. Sec. 17.1, 17.2, supra.
---------------------------------------------------------------------------

        PERMISSION FOR SPEAKER TO DECLARE A RECESS ON THURSDAY, MAY 25, 
          1978, SUBJECT TO THE CALL OF THE CHAIR, FOR THE PURPOSE OF 
                      RECEIVING FORMER MEMBERS OF CONGRESS

        Mr. [Dan] ROSTENKOWSKI [of Illinois]. Mr. Speaker, I ask 
    unanimous consent that it be in order for the Speaker to declare a 
    recess on Thursday, May 25, 1978, subject to the call of the Chair, 
    for the purpose of receiving in this Chamber former Members of the 
    Congress.
        The SPEAKER pro tempore.(2) Is there objection to 
    the request of the gentleman from Illinois?
---------------------------------------------------------------------------
 2. Allen E. Ertel (PA).
---------------------------------------------------------------------------

        There was no objection.

End of Session Contingencies

Sec. 3.9 Pursuant to the authority conferred upon him by a special rule 
    reported from the Committee on Rules, the Speaker declared a recess 
    at 10 p.m. until 9 a.m. the following day (the same legislative 
    day) to permit the Speaker and Members to attend swearing-in 
    ceremonies for Vice President Rockefeller.

    On Dec. 19, 1974,(1) the House adopted a privileged 
resolution reported from the Committee on Rules:
---------------------------------------------------------------------------
 1. 120 Cong. Rec. 41571, 41572, 41604, 93d Cong. 2d Sess. See also Ch. 
        36, Sec. 26, supra.
---------------------------------------------------------------------------

        MAKING IN ORDER REPORTS FOR COMMITTEE ON RULES AND AUTHORIZING 
                          SPEAKER TO DECLARE RECESSES

        Mr. [B. F.] SISK [of California]. Mr. Speaker, by direction of 
    the Committee on Rules, I call up the resolution (H. Res. 1520) and 
    ask for its immediate consideration.
        The Clerk read the resolution as follows:

                                  H. Res. 1520

        Resolved, That it shall be in order at any time during the 
    balance of this session to consider reports from the Committee on 
    Rules as provided in clause 23, rule XI,(2) except that 
    the provision requiring a two-thirds vote to consider said reports 
    is hereby suspended during that period; and it shall also be in 
    order during the balance of the session for the Speaker to declare 
    recesses subject to the call of the Chair. . . .
---------------------------------------------------------------------------
 2. Rule XIII clause 6, House Rules and Manual Sec. 857 (2007).
---------------------------------------------------------------------------

        Mr. SISK. Mr. Speaker, I have no further requests for time, and 
    I move

[[Page 762]]

    the previous question on the resolution.
        The previous question was ordered.
        The SPEAKER.(3) The question is on the resolution.
---------------------------------------------------------------------------
 3. Carl Albert (OK).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that the yeas 
    appeared to have it.
        Mr. [Robert E.] BAUMAN [of Maryland]. 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. 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 
    276, nays 58, not voting 100, as follows:

                              [Roll No. 717] . . 
                 .                          -------------------

                                     RECESS

        The SPEAKER. Pursuant to a previous order of the House, the 
    House stands in recess until 9 o'clock a.m. tomorrow, Friday, 
    December 20, 1974.
        Accordingly (at 10 o'clock p.m.) the House stood in recess 
    until tomorrow, Friday, December 20, 1974, at 9 o'clock a.m.

Prepare for Secret Session

Sec. 3.10 The Speaker, on his own initiative, declared a recess in 
    order to make preparations for a secret session of the House, 
    following adoption of a motion for that session; at the conclusion 
    of the recess, the House resolved itself into secret session (the 
    proceedings of which were not printed in the Congressional Record 
    since the House refused in secret session to remove the injunction 
    of secrecy); and at the conclusion of the secret session the House 
    continued in recess to facilitate the return to open session.

    On June 20, 1979,(1) upon conclusion of general debate 
on a bill in the Committee of the Whole, a Member offered a pro forma 
amendment to announce that he would, at the conclusion of his remarks, 
move that the Committee rise and then offer in the House a motion, 
pursuant to Rule XXIX,(2)

[[Page 763]]

 that the House resolve itself into secret session to discuss 
confidential communications related to the bill under consideration in 
Committee of the Whole:
---------------------------------------------------------------------------
 1. 125 Cong. Rec. 15711-13, 96th Cong. 1st Sess.
 2. Rule XXIX can be found in amended form within Rule XVII clause 9, 
        House Rules and Manual Sec. 969 (2007).
            Proceedings during other classified and security briefings 
        are not documented in the Congressional Record or discussed 
        thereafter. Members are required to subscribe to an oath of 
        secrecy under Rule XXIII clause 13 (House Rules and Manual 
        Sec. 1095 [2007]) before they may attend such classified 
        briefings, and Members who did not sign that oath and whose 
        names are not so listed in the Congressional Record are not 
        permitted to attend such briefings on the House floor during 
        the recesses.
---------------------------------------------------------------------------

        Mr. [Robert E.] BAUMAN [of Maryland]. Mr. Chairman, I move to 
    strike the last word.
        Mr. Chairman, I take this time to inform the Committee of the 
    Whole House that it will be my intention at the conclusion of the 
    brief time that I will take here, to move that the Committee rise, 
    and, assuming that is agreed to, I will move, under rule XXIX of 
    the House, that the House meet in secret session.
        I understand from the Parliamentarian that passage of the 
    motion would allow us 1 hour of debate to be divided between the 
    gentleman from New York and myself, during which time all of us, 
    and I have discussed this with the gentleman from New York (Mr. 
    Murphy), as well as with the chairman of the subcommittee, the 
    gentleman from Kentucky (Mr. Hubbard), would be able to present to 
    the House certain facts which we are not able to communicate to the 
    House in public because of the classified nature and the source of 
    the information.
        I want to make it clear that it is not my intention to make 
    this motion for the purpose of trying to defeat this legislation or 
    influence it in the direction it may take, but the matters that 
    need to be discussed with the House and cannot be discussed in 
    public do pertain to amendments that may be offered today. They may 
    indeed help the Members form their judgments, and they are of a 
    grave enough nature that they need to be placed at least before the 
    Members of the House so that they can vote intelligently.

                                {time}  1200

        As I say, I have discussed this with the gentleman from New 
    York (Mr. Murphy) and the gentleman from Kentucky (Mr. Hubbard).
        Mr. [Carroll] HUBBARD [Jr., of Kentucky]. Mr. Chairman, will 
    the gentleman yield?
        Mr. BAUMAN. I yield to the gentleman from Kentucky.
        Mr. HUBBARD. Mr. Chairman, as the chairman of the Panama Canal 
    Subcommittee I concur and agree with the gentleman from Maryland, 
    who is the ranking minority member of the Panama Canal 
    Subcommittee. I would emphasize to my colleagues the importance of 
    the secret session at this point under rule XXIX of the House. I 
    ask that the Members concur in this request because of the 
    importance of the subject and also the relevance of the material to 
    be presented during a secret session, which is badly needed.
        Mr. [David R.] BOWEN [of Mississippi]. Mr. Chairman, will the 
    gentleman yield?
        Mr. BAUMAN. I yield to the gentleman from Mississippi.
        Mr. BOWEN. I thank the gentleman.
        I too had the opportunity to sit in on the secret session with 
    General McAuliffe, and I welcome the opportunity for the House to 
    have an opportunity to discuss the matter because I found very 
    little in that secret session

[[Page 764]]

    that would bear upon the deliberations which we will be entering 
    into today. I am pleased we will have this opportunity and I thank 
    the gentleman.
        Mr. BAUMAN. Mr. Chairman, I move that the Committee do now 
    rise.
        Accordingly the Committee rose; and the Speaker pro tempore 
    (Mr. Wright) having assumed the chair, Mr. Foley, Chairman of the 
    Committee of the Whole House on the State of the Union, reported 
    that that Committee, having had under consideration the bill (H.R. 
    111) to provide for the operation and maintenance of the Panama 
    Canal and to provide for the exercise of the rights and performance 
    of the duties of the United States provided in the Panama Canal 
    Treaty of 1977, had come to no resolution thereon.

                          motion offered by mr. bauman

        Mr. BAUMAN. Mr. Speaker, I offer a motion.
        The Clerk read as follows:

            Mr. Bauman moves that, pursuant to rule XXIX, the House 
        resolve itself into secret session. That the galleries of the 
        House Chamber be cleared of all persons and that the House 
        Chamber be cleared of all persons except the Members of the 
        House and those officers and employees specified by the Speaker 
        whose attendance on the floor is essential to the functioning 
        of the House and who subscribe to the notarized oath of 
        confidentiality.

        The SPEAKER pro tempore.(3) The Chair will state 
    that the motion is not debatable. Absent unanimous consent to 
    debate the motion, the question will be put upon the motion.
---------------------------------------------------------------------------
 3. James C. Wright, Jr. (TX).
---------------------------------------------------------------------------

        The question is on the motion offered by the gentleman from 
    Maryland (Mr. Bauman).
        The motion was agreed to.

                    announcement by the speaker pro tempore

        The SPEAKER pro tempore. The Chair will make a statement.
        The Chair desires to read to the Members the contents of rule 
    XXIX of the rules of the House of Representatives.
        Rule XXIX reads as follows:

                                   Rule XXIX

                                 secret session

            Whenever confidential communications are received from the 
        President of the United States, or whenever the Speaker or any 
        Member shall inform the House that he has communications which 
        he believes ought to be kept secret for the present, the House 
        shall be cleared of all persons except the Members and officers 
        thereof, and so continue during the reading of such 
        communications, the debates and proceedings thereon, unless 
        otherwise ordered by the House.

        This rule has been successfully invoked by the vote of the 
    House for the first time, the Chair believes, since the year 1830. 
    This was a rule commonly invoked in the early days of the Republic, 
    but not recently invoked.
        According to the rule of the House, the Chair is now going to 
    order that the galleries of the House Chamber shall be cleared of 
    all persons except the Members of the House and those officers and 
    employees specified by the Speaker whose attendance on the floor is 
    essential to the functioning of the secret session of the House. 
    All proceedings in the House during such consideration shall be 
    kept secret until otherwise ordered by the House.
        The Chair is going to declare a recess long enough for this 
    order to be carried out.

[[Page 765]]

                            parliamentary inquiries

        Mr. [Jack] HIGHTOWER [of Texas]. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. HIGHTOWER. What will be the action of the Chair in regard 
    to the television proceedings?
        The SPEAKER pro tempore. The television will not be recording 
    the proceedings of the House during the time of the secret session.
        Ms. [Elizabeth] HOLTZMAN [of New York]. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentlewoman will state it.
        Ms. HOLTZMAN. In the Chair's reading of his order and reading 
    the rule he mentioned that the House can order otherwise with 
    respect to the secrecy of the proceedings. Is it my understanding 
    then that should, during the debate or after the debate, the 
    Members of the House determine that the material was not, in fact, 
    confidential, is it then in order, or when is it in order, assuming 
    that to be the case, for the proceedings to be then made public or 
    the Journal kept of the debate then made public?
        The SPEAKER pro tempore. The precedents which the Chair has 
    read this morning indicate that following the presentation of that 
    material considered secret or confidential or of such nature that 
    it ought to be heard in secret session, the House may at that time, 
    by its own motion, in secret session decide that there is no reason 
    to observe further secrecy with respect to the material involved. 
    Having heard the material and determined the nature thereof, it 
    will be up to the Members of the House as to whether they would 
    observe additional and future secrecy with respect thereto.
        Ms. HOLTZMAN. I thank the Speaker.
        Mr. [Edward J.] DERWINSKI [of Illinois]. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. DERWINSKI. The Chair did not address himself to the 
    question of the relevancy of the material to the legislation before 
    the House. What is the determination or the precedents involved 
    regarding the relevancy of presumed secret testimony to the 
    legislative matter before us?
        The SPEAKER pro tempore. The Chair will state that there is no 
    requirement whatsoever in the precedents of the House, such 
    materials having been received, that the material be relevant to 
    any legislation, since the rule would include messages from the 
    President of the United States that bear upon no pending 
    legislation. It is not the opinion of the Chair that the material 
    to be revealed in this session necessarily has any bearing whatever 
    upon the legislation which otherwise would have been under 
    consideration in the Committee of the Whole. It simply is a 
    recognition of the right of the gentleman from Maryland and other 
    Members present at the secret session to divulge such information 
    as they desire to our colleagues, the Members of the House. The 
    Members have voted to grant them that privilege. It does not 
    necessarily bear in any way tangentially or otherwise upon the 
    legislation previously before the House or any other legislation.

[[Page 766]]

        Mr. DERWINSKI. I thank the Speaker.
        Mr. [Frank] HORTON [of New York]. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. HORTON. The Chair announced that Members of the House are 
    permitted to be present and also officers to be designated by the 
    Speaker. Will the Speaker specifically designate those employees to 
    remain on the floor?
        The second inquiry is with regard to access to the floor. What 
    about going and coming on the floor, will the doors be manned in 
    order to prevent unauthorized persons from entering the Chamber?
        The SPEAKER pro tempore. The Chair will attempt to answer both 
    questions.
        First, with respect to those official staff persons whose 
    presence on the floor of the House is essential to the operation of 
    the House, the Chair already has, pursuant to authority conferred 
    upon him in the motion, delivered to the officers of the House 
    sufficient guidelines with regard to that question.
        On the second question, with respect to the rights of Members 
    to go and come, that question should be answered in the 
    affirmative. Members may go and come at will.
        Mr. HORTON. What about others? They would have to be cleared 
    before they could come in, other than Members?
        The SPEAKER pro tempore. The gentleman is correct. Others would 
    have to be designated and sworn before they could enter the 
    Chamber.

                                {time}  1210

        Mr. [Paul N.] McCLOSKEY [of California]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. McCLOSKEY. Mr. Speaker, I understand that we will receive 
    in this Chamber information that will be labeled either 
    ``confidential'' or ``secret'' or ``top secret'' under any 
    Executive order which applies only to members of the executive 
    branch. Therefore, it would not be a crime, for example, for a 
    Member of this body to reveal information classified in the 
    executive branch unless it came under the statute.
        I am wondering what would be the rules of the House with 
    respect to a Member of this body who might, after hearing in this 
    secret session information perhaps classified ``secret'' or ``top 
    secret.'' if that Member should, following this session, divulge 
    that information to the press or to third persons not authorized to 
    receive that information. It seems to me that under the rules of 
    the House we would violate those rules as individual Members should 
    we reveal classified information.
        The SPEAKER pro tempore. The Chair feels that the same rule 
    should prevail which prevails in executive sessions of committees 
    of the House. The Chair does not wish to prejudge the nature or the 
    import of the information to be revealed because the Chair is not 
    privy to that knowledge.
        The Chair believes that the Members of the House possess 
    sufficient honor that they will do the right thing in determining, 
    after having heard the

[[Page 767]]

    information, whether or not its sanctity should be preserved or it 
    should be revealed at the will of the Members. The Chair trusts the 
    Members of the House to make the right decision.
        Mr. McCLOSKEY. I thank the Chair.
        Mr. [Robert N.] GIAIMO [of Connecticut]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. GIAIMO. Mr. Speaker, under those circumstances should not 
    attendance be kept as to whether or not a Member actually is in the 
    Chamber or not, because there are some of us--and I feel very 
    strongly about this kind of session because I have found out in the 
    past through experience that I usually learn just as much outside a 
    secret session as I do in it, and the information, if I find out 
    the information outside of this session--I do not want to be gagged 
    by the fact that I may or may not have been in this session at the 
    time. It seems to me that the Chair ought to have attendance of 
    Members.
        The SPEAKER pro tempore. The Chair would observe that the 
    gentleman from Connecticut or any other Member might have the 
    privilege, if he or she so desires, to move a call of the House, 
    and thereby could ascertain the presence of Members. Beyond that, 
    the Chair is not of the disposition to impose upon the Members of 
    the House any rule beyond those rules which are expressly written 
    in the rules of the House. The Chair is of the disposition to trust 
    implicitly the honor and the integrity of the Members of the U.S. 
    House of Representatives.
        Mr. [Carroll A.] CAMPBELL, [Jr., of South Carolina]. Mr. 
    Speaker, a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. CAMPBELL. Mr. Speaker, in view of the fact that a number of 
    the committees have received permission to sit under the 5-minute 
    rule, I wonder if the Chair is taking steps to notify these 
    committees of the pending proceedings.
        The SPEAKER pro tempore. The Chair will respond, as the 
    gentleman would understand, of course, that we are not now under 
    the 5-minute rule and will not be proceeding under the 5-minute 
    rule after we resume following the recess which the Chair will very 
    presently declare.
        The Chair would presume that the bells signaling the recess and 
    the bells signaling the resumption of the convening of the House 
    would be sufficient notice to warrant knowledge on the part of 
    those who might be in committee sessions or elsewhere on Capitol 
    Hill.
        Mr. CAMPBELL. I thank the Chair.
        Mr. [Bill D.] BURLISON [of Missouri]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. BURLISON. Mr. Speaker, it is my understanding from the 
    conversation I have heard thus far that there will be classified 
    information presented to the body; confidential, secret, top 
    secret. Is that a fair statement?
        The SPEAKER pro tempore. In response to the gentleman's 
    question, the Chair is not in a position to characterize the 
    nature, the character, the quality, or the veracity of the 
    information which will be divulged. The Chair is not privy to that 
    knowledge.

[[Page 768]]

        Mr. BURLISON. A further parliamentary inquiry: Do the rules of 
    the House not require that in those instances where classified 
    material is to be received, that the reporters and the staff 
    members and the officers of the House who may be present other than 
    Members of the House be cleared for that classified information?
        The SPEAKER pro tempore. The Chair is going to read to the 
    gentleman an oath which employees and officers of the House are 
    required to sign:

            I do solemnly swear that I will preserve inviolable secrecy 
        on all confidential business of the House of Representatives 
        that may come to my knowledge until especially absolved 
        therefrom, so help me God.

        Every employee and officer of the House will be expected to 
    sign this oath if permitted to be privy to the session. Members of 
    the House will not be requested nor required to sign such an oath.
        Mr. BURLISON. Mr. Speaker, my parliamentary inquiry is whether 
    the rules of the House require, in such a session, that the 
    reporters and the staff members and others have the requisite 
    clearances to be present and to conduct the business.
        The SPEAKER pro tempore. The Chair will respond to the 
    gentleman's request in the following manner: Members of the U.S. 
    House of Representatives are not members of the executive branch of 
    Government, who may be bound by laws exclusively applicable to 
    members of the executive branch of Government.
        The Chair will state again that Members of the House, after 
    hearing the nature of this information, whatever it may be, must 
    judge on their own or as ordered by the House as to whether it is 
    of sufficient import or secret in character to require continued 
    silence. On previous occasions, the Chair discovers on reading the 
    precedents, Members of the House, having heard information thus 
    divulged, usually have voted to allow that information to become 
    known publicly.
        Mr. BURLISON. Is the Speaker saying that the rules of the House 
    do not require that the staff, House officers, and others be 
    cleared to receive the information? My parliamentary inquiry is 
    whether there is such a House rule.
        The SPEAKER pro tempore. There is no such House rule, the Chair 
    will respond.
        Mr. [Thomas J.] DOWNEY [of New York]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. DOWNEY. Mr. Speaker, if I understand the ruling of the 
    Chair then, the employees of the House of Representatives coming 
    into the session will be privy to receive information secret, top 
    secret, classified, that is so designated by U.S. statute. What 
    concerns me, Mr. Speaker, is that we have no rule governing 
    classification of House employees with respect to the receiving of 
    secret information. That is not a rule just of the executive 
    branch; that is United States statutory law with respect to who can 
    receive and under what circumstances classified, secret, and top 
    secret information.
        The SPEAKER pro tempore. The employees of the House, the Chair 
    will advise the gentleman, are subject to applicable provisions of 
    law and to the

[[Page 769]]

    disciplinary action of the House, and the special rule for them 
    requires that secrecy of the proceedings be maintained until 
    absolved from that responsibility by the House.
        The Members of the House, in context, are also subject to the 
    disciplinary rules of the House with respect to the Standards of 
    Official Conduct Committee and under the Constitution.
        Mr. DOWNEY. I thank the 
    Chair.                          -------------------

                                     RECESS

        The SPEAKER pro tempore. The Chair declares a recess.
        Accordingly (at 12 o'clock and 20 minutes p.m.), the House 
    stood in recess subject to the call of the Chair.
        At 12 o'clock and 38 minutes the House proceeded to meet in 
    secret session.
        (House proceedings held in secret session.)
        At 2 o'clock and 11 minutes the House dissolved its proceeding 
    being held in secret 
    session.                          -------------------

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 2 o'clock and 30 minutes 
    p.m.                          -------------------

                          ANNOUNCEMENT BY THE SPEAKER

        The SPEAKER.(4) The Chair will make the following 
    statement:
---------------------------------------------------------------------------
 4. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------

        The Chair would remind the Members that the House has not at 
    this point voted to remove the injunction of secrecy and that 
    Members are bound not to release or to make public any of the 
    transcript of the closed session until further order of the House.
        To enable the House to evaluate the transcript of the secret 
    session, the Chair will refer the transcript to the Permanent 
    Select Committee on Intelligence and to the Committee on Merchant 
    Marine and Fisheries for their report thereon as soon as possible. 
    The committees' report will remain executive session record of 
    those committees for examination by the Members and ultimate 
    disposition by the House.
        The Chair further would state that he would believe that the 
    item could go to the Committee on Rules and the House could go back 
    into a secret session for a time allotted before making the 
    transcript public record.

Informal Meeting With the President

Sec. 3.11 The House stood in recess in order to permit informal 
    meetings with the President in the Speaker's office.

    On May 1, 1945,(1) a Member announced that the President 
of the United States was in the House and had expressed the desire to 
meet the Members. He asked unanimous consent that the

[[Page 770]]

House stand in recess subject to the call of the Chair.
---------------------------------------------------------------------------
 1. 91 Cong. Rec. 4018, 4019, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

                                  announcement

        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, the 
    President of the United States, Mr. Truman, is in the building and 
    has expressed a desire to meet the Members of the House of 
    Representatives. I make this brief announcement that the President 
    will be glad to meet the Members of the House in the Speaker's 
    office. They will file through the door nearest the elevator and 
    then out through the Speaker's outer office. As I stated, the 
    President is in the Capitol and has expressed a desire to meet the 
    Members of the House.
        Mr. Speaker, I ask unanimous consent that the House stand in 
    recess, subject to the call of the Chair.
        The SPEAKER pro tempore.(2) Is there objection to 
    the request of the gentleman from Massachusetts?
---------------------------------------------------------------------------
 2. Jere Cooper (TN).
---------------------------------------------------------------------------

        There was no objection.
        Accordingly (at 1:47 minutes 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 2 o'clock and 12 minutes p. m.

    Parliamentarian's Note: President Truman had lunch in the Speaker's 
private office with the Speaker and the Majority and Minority Leaders 
of the two Houses and then met the Members of the House informally in 
the Speaker's office.

Following Reconvening From Leadership Recall

Sec. 3.12 Where the Speaker and the Senate Majority Leader had 
    exercised joint House-Senate recall authority pursuant to a 
    concurrent resolution of adjournment to a date certain, the Speaker 
    immediately exercised his authority under Rule I clause 
    12(a)(1) to declare a recess subject to the call of the 
    Chair upon recitation of the joint recall and the prayer and before 
    the approval of the Journal, in order to avoid any motion or vote.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 638 (2007).
---------------------------------------------------------------------------

    On Mar. 20, 2005,(2) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 2. 151 Cong. Rec. 5546, 5547, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

                    NOTIFICATION OF REASSEMBLING OF CONGRESS

        The SPEAKER.(3) The Chair lays before the House the 
    text of the formal notification sent to Members on Saturday, March 
    19, 2005, of the reassembling of the House. . . .
---------------------------------------------------------------------------
 3. J. Dennis Hastert (IL).

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

[[Page 771]]

                                        -------------------PRAYER

        The Reverend Dr. Donald F. Christian, Pastor, Evangelical 
    Lutheran Church in America, Fairfax, Virginia, offered the . . . 
    prayer[.] . . .                          -------------------

                                     RECESS

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

                                {time}  1705

                                  AFTER RECESS

        The recess having expired, the House was called to order by the 
    Speaker at 5 o'clock and 5 minutes 
    p.m.                          -------------------

                                  THE JOURNAL

        The SPEAKER. The Chair has examined the Journal of the last 
    day's proceedings and announces to the House his approval thereof.
        Pursuant to clause 1, rule I, the Journal stands approved. . . 
    .                          -------------------

                                     RECESS

        The SPEAKER. Pursuant to clause 12(a) of rule I, the Chair 
    declares the House in recess subject to the call of the Chair.
        Accordingly (at 5 o'clock and 10 minutes p.m.), the House stood 
    in recess subject to the call of the 
    Chair.                          -------------------



                                {time}  2103

                                  AFTER RECESS

        The recess having expired, the House was called to order at 9 
    o'clock and 3 minutes p.m.
                   DESCHLER-BROWN-JOHNSON PRECEDENTS
Ch. 39 

[[Page 773]]