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


[Page 723]
 
                               CHAPTER 39
 
                                 Recess


[[Page 723]]



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    Commentary and editing by Charles W. Johnson III, J.D. and Andrew 
S. Neal, J.D.; manuscript editing by Deborah Woodard Khalili.
---------------------------------------------------------------------------

   Sec. 1. In General
   Sec. 2. Recess Authority
   Sec. 3. Purposes





[[Page 725]]



[Page 725-726]
 
                               CHAPTER 39
 
                                 Recess
 
Sec. 1. In General


    Thomas Jefferson wrote in Jefferson's Manual ``[w]here it is 
convenient that the business of the House be suspended for a short time 
. . . it adjourns during pleasure . . . or for a quarter of an 
hour.''(1) Yet, during most of the history of the House of 
Representatives, no authority existed beyond unanimous consent to 
either declare a recess or to offer a motion for a 
recess.(2)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 586 (2007). See 5 Hinds' Precedents 
        Sec. Sec. 6663-6671 and 8 Cannon's Precedents Sec. Sec. 3354-
        3362 for other precedents involving recess.
 2. See, Sec. 2.1, infra.
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    Beginning in the 102d Congress, a motion to authorize the Speaker 
to declare a recess was given a privilege equal to that of the motion 
to adjourn (clause 4 of Rule XVI);(3) and, beginning in the 
103d Congress, the Speaker was authorized to declare a recess ``for a 
short time when no question is pending before the House'' (clause 12(a) 
of Rule I).(4)
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. 911 (2007). See also Ch. 40, infra.
 4. House Rules and Manual Sec. 638 (2007).
---------------------------------------------------------------------------

    Beginning in the 108th Congress, the Speaker was authorized to 
suspend business and declare an emergency recess subject to the call of 
the Chair when notified of an imminent threat to the safety of the 
House,(5) and, inter alia, ``to 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'' upon notification to Members.(6)
---------------------------------------------------------------------------
 5. Rule I clause 12(b)(1), House Rules and Manual Sec. 639 (2007).
 6. Id. at clause 12(c)(2).
---------------------------------------------------------------------------

    The Committee of the Whole cannot take a recess except with the 
permission of the House.(7) Pursuant to clause 8(a) of Rule 
I, Speakers pro tempore occupying the Chair temporarily possess full 
authority under that rule to declare recesses.(8)
---------------------------------------------------------------------------
 7. See 5 Hinds' Precedents Sec. Sec. 6669-6671; and 8 Cannon's 
        Precedents Sec. 3362.
 8. House Rules and Manual Sec. 632 (2007).
---------------------------------------------------------------------------

    Except for an emergency recess under clause 12(b)(1) of Rule 
I,(9) a recess cannot be taken during a recorded vote or a 
call of the roll.(10) A roll call cannot be interrupted by 
the arrival of an hour fixed for a recess by rule or prior

[[Page 726]]

vote of the House.(11) However, when the hour previously 
fixed for a recess arrives, the Chair has declared the House in recess 
during a division vote.(12)
---------------------------------------------------------------------------
 9. Id. at Sec. 639.
10. 5 Hinds' Precedents Sec. Sec. 6054, 6055.
11. Id. at Sec. 6054.
12. 4 Hinds' Precedents Sec. Sec. 2955-2960.
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    A recess may not be voted by less than a quorum, and consequently 
the motion for recess is not in order in absence of a 
quorum.(13)
---------------------------------------------------------------------------
13. Id. at Sec. Sec. 2958-2960.
---------------------------------------------------------------------------

    All recesses, when declared, are indicated with six bells and six 
lights. If a recess is declared subject to the call of the Chair, three 
bells and three lights indicate the resumption of the session in 15 
minutes, while a recess that is declared to a time certain for less 
than 15 minutes is shown to have terminated merely by one long bell 
showing that the House is back in session.


                        

[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.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
16. See Sec. 2.17, infra.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
19. 8 Cannon's Precedents Sec. 3354.
20. Id. at Sec. 3356.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
23. See Sec. 2.21, infra.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

        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.


                      

[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]]

                       

[Page 773-776]
 
                               CHAPTER 39
 
                                 Recess
 
Sec.                      INDEX TO PRECEDENTS

Adjourn, motion to, as not ``pending'' upon Member's mere revelation 
    that he will seek to offer such motion, Sec. Sec. 2.22, 2.24
Adjournment, recess distinguished from, Sec. 1
Bells and lights, recesses indicated by, Sec. 1
Bills and resolutions, introduction of, during recess, Sec. 1
Call of roll, interruption of, Sec. 1
Caucus, impromptu, was held in Chamber during recess, Sec. 2.26
Chairman of Committee of the Whole
    authority of, Sec. 2.15
    emergency, calls recess in case of, Sec. 2.15
Committee of the Whole
    Chairman, see Chairman of Committee of the Whole
    House, permission of, recess is taken by, Sec. 1
    recess is taken by permission of House, Sec. 1
    Rules of House as applying in, Sec. 2.15
Drill, air-raid, recess declared for purposes of participating in, 
    Sec. 2.19
Emergency, Speaker's authority in case of
    convening, exercise of authority as affecting previously 
        established
        time of, Sec. 2.17
    inherent authority exercised before adoption of present rule, 
        Sec. Sec. 2.18-2.19
    initiative, Speaker's, authority may be exercised upon, Sec. 2.18
    Rule I, clause 12(b), under, Sec. Sec. 2, 2.15, 2.16
    terrorist attack, proceedings on day of, Sec. 2.17
Enrolled bills signed during recess, announcement by Speaker pro 
    tempore as to, Sec. 2.26
Floor, restrictions on access to, during recess, Sec. 1
History of authority to declare recesses, Sec. 1
Jefferson's Manual, discussion of recesses in, Sec. 1
Joint Session or Joint Meeting, recess in preparation for, Sec. 3.7
Legislative day, recesses taken during, Sec. 1
Length of ``short'' recess
    reconvening to avoid breaking time record for ``short'' recess, 
        Sec. 2.25
    successive recesses, Sec. 2.26
    ten-hour recess, Sec. 2.27
Mace remains in place during recess, Sec. 1
Motion that House take recess
    first instance of motion to authorize Speaker to declare, Sec. 2.20
    not in order before 102d Congress in absence of unanimous consent, 
        Sec. 2.1
    unanimous consent, motion was made in order ``at any time'' by, 
        Sec. 2.4
Motion to authorize Speaker to declare recess
    privilege of, Sec. Sec. 1, 2
Pending, motion as not, upon Member's mere declaration that he will 
    seek to offer motion to adjourn, Sec. Sec. 2.22, 2.24
Pending question, postponing proceedings on, recess declared after, 
    Sec. 2.23
Postponing proceedings on pending question, recess declared after, 
    Sec. 2.23
Presidential message, recess to await receipt of, Sec. 3.2
President, informal meetings with, recess to allow, Sec. 3.11
President, joint session to receive, Speaker was authorized to declare 
    recess in preparation for, Sec. 3.7

[[Page 774]]

Purpose or occasion for recess
    astronauts, Apollo, joint meeting to receive, Sec. 3.7
    committee report, recess to await, Sec. 3.4
    conference report on which conferees had reached agreement, 
        Sec. 3.5
    drill, air-raid, participation of House in, Sec. 2.19
    emergency, see Emergency, Speaker's authority in case of
    illness of Member, Sec. 3.1
    joint session or joint meeting, recess in preparation for, Sec. 3.7
    Members, former, Speaker was authorized to declare recess for 
        purpose of
        receiving, Sec. 3.8
    Presidential messages, to await receipt of, Sec. 3.2
    President, informal meetings with, recess to allow, Sec. 3.11
    receiving former Members in Chamber, Speaker was authorized to 
        declare
        recess on future day for purpose of, Sec. 3.8
    secret session, recess in order to make preparations for, Sec. 3.10
    Senate messages, to await receipt of, Sec. 3.3
    specific purpose of recess was not stated in grant of authority to
    stated in request for recess, purpose was, Sec. Sec. 3.7, 3.8
    Vice President Rockefeller, recess until following day to permit 
        attendance at swearing-in ceremonies for, Sec. 3.9
Quorum, requirement of, for motion to recess, Sec. 1
Recall, reconvening after, Speaker exercised authority to declare 
    recess upon, Sec. 3.12
Remainder of session, authority to declare recesses during, Sec. 2.12
Reports filed during recess, Sec. 1
Senate action on continuing appropriation, House recessed three times 
    by unanimous consent to await, Sec. 3.6
Senate message, recess to await receipt of, Sec. 3.3
``Short'' recess, what constitutes, with reference to Speaker's 
    authority to declare
    abuse of authority, challenging length of recess as, Sec. 2.25
    challenging length of recess as abuse of authority, Sec. 2.25
    successive recesses, Sec. Sec. 2.26, 3.6
    ten-hour recess, Sec. 2.27
Speaker pro tempore
    authority of, Sec. Sec. 1, 2.16
    emergency, calls recess in case of, Sec. 2.16
    enrolled bills signed during recess, announcement by Speaker pro 
        tempore
        as to, Sec. 2.26
Speaker's authority
    ``at any time,'' Speaker authorized by unanimous consent to declare 
        recess, see Time, Speaker authorized by unanimous consent to 
        declare recess at any
    call of the Chair, recess as declared subject to, Sec. Sec. 2.2, 
        2.6-2.27, 3.1-3.4, 3.8, 3.11, 3.12
    discretion of Speaker where specific purpose of recess is not 
        stated in
    emergency, in case of, see Emergency, Speaker's authority in case 
        of
    MacArthur ceremonies, see Purpose or occasion for recess,
    motion to authorize Speaker to declare, see Motion to authorize 
        Speaker to declare recess
    postponing proceedings on pending question, recess declared after, 
        Sec. 2.20
    Rule I, clause 12, under, Sec. 2.25

[[Page 775]]

    Rule XVI, clause 4, Sec. 2.20
    rule, privileged, authorizing Speaker to declare recesses during 
        specified
        three-day periods, Sec. 2.19
    rule, special, authority conferred by, Sec. Sec. 2, 2.19, 3.9
    time, Speaker authorized by unanimous consent to declare recess at 
        any, see Time, Speaker authorized by unanimous consent to 
        declare recess at any
    unanimous consent, Speaker authorized by, to declare recess on 
        future day to receive former Members, Sec. 3.8
    unanimous consent to authorize Speaker to declare recess, 
        generally, Sec. 2
    unanimous consent, Speaker authorized by, to declare recess on 
        following day to receive President in joint session, Sec. 3.7
Successive recesses, Sec. Sec. 2.26, 3.6
Terrorist attacks, see Emergency, Speaker's authority in case of
Three days, adjournment for more than, as requiring consent of other 
    House
    generally, Sec. Sec. 2, 2.21
    specified three-day periods, rule may authorize Speaker to declare 
        recesses during, Sec. 2.21
Time certain, recess to, or not to extend beyond, Sec. Sec. 2.14, 3.5, 
    3.6
Time, Speaker authorized by unanimous consent to declare recess at any
    Committee of the Whole, after rising of, Sec. 2.13
    more than one recess, authority to declare, under unanimous consent
        agreement, Sec. 2.10
    remainder of session, authority to declare recesses during, 
        Sec. 2.12
    session, remainder of, authority to declare recess during, 
        Sec. 2.12
    specified day, on, Sec. Sec. 2.4-2.8
    two consecutive days, on, Sec. Sec. 2.9, 2.10
    week, remainder of, authority to declare recess during, Sec. 2.11
Unanimous consent
    ``at any time'' during specified day, motion to take recess made in 
        order, Sec. 2.4
    ``at any time,'' Speaker authorized to declare recess, see Time, 
        Speaker authorized by unanimous consent to declare recess at 
        any
    historical use of, in declaring recesses, Sec. Sec. 1, 2.1
    Members, former, Speaker authorized to declare recess on future day 
        to
        receive, Sec. 3.8
    motion to recess made in order ``at any time,'' during specified 
        day, Sec. 2.4
    purpose of recess not specifically stated in grant of authority to
    requests for recess, Sec. 3.6
    Speaker authorized by, to declare recess on following day to 
        receive President in joint session, Sec. 3.7
    Speaker may be authorized by, to declare recess, generally, see 
        Speaker's authority
    Speaker's initiative, exercise of, in declaring House in recess 
        ``without objection,'' Sec. Sec. 2.2, 2.3
    Time certain, recess not to extend beyond, Sec. 2.14
    Time, Speaker authorized by unanimous consent to declare recess at 
        any, see Time, Speaker authorized by unanimous consent to 
        declare recess at any

[[Page 776]]

Vote, division, Chair declared recess during, Sec. 1
Vote, recorded, interruption of, Sec. 1