[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[A. Generally; Adjournments of Three Days or Less]
[Â§ 3. When in Order; Precedence and Privilege of Motion]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 784-820]
 
                               CHAPTER 40
 
                              Adjournment
 
            A. Generally; Adjournments of Three Days or Less
 
Sec. 3. When in Order; Precedence and Privilege of Motion

    When the House has fixed the daily hour of meeting (as it normally 
does on the first day of each session by standing order), the motion to 
adjourn, authorized by clause 4 of Rule XVI,(1) is in order 
in simple form only (that the House do now adjourn), and may not direct 
an immediate adjournment to a day or time certain, or to a day beyond 
three days and beyond the constitutional term of that 
Congress.(2)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
 2. Ibid. See also House Rules and Manual Sec. 912; and Sec. 3.27, 
        infra.
---------------------------------------------------------------------------

    Only in a case in which the hour of daily meeting has not been 
fixed may the simple motion to adjourn fix the hour of 
meeting.(3)
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. 912 (2007).
---------------------------------------------------------------------------

    The motion to fix the day to which the House should adjourn was 
included within the rule as to the precedence of motions but was 
dropped in 1890 and again in 1895 until 1973, because of its use in 
obstructive tactics.(4) In 1973, clause 4 of Rule XVI was 
revised to restore to the highest privileged status, equal with the 
simple motion to adjourn, the nondebatable motion that when the House 
adjourns on that day it stand adjourned to a day and time certain 
(within three days) but only if the Speaker, in the Speaker's 
discretion, recognized a Member for that purpose.
---------------------------------------------------------------------------
 4. Ibid. See also 5 Hinds' Precedents Sec. 6740.
---------------------------------------------------------------------------

     In the interim between 1895(5) until 1973, the motion 
that the adjournment on that day be one to a day and time certain was 
not privileged against the demand for the regular order.(6)
---------------------------------------------------------------------------
 5. See 5 Hinds' Precedents Sec. 5301.
 6. See Sec. 3.2, infra.

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[[Page 785]]

    The Chair cannot refuse to recognize a Member having the floor for 
a simple motion to adjourn.(7)
---------------------------------------------------------------------------
 7. See Sec. 3.3, infra.
---------------------------------------------------------------------------

    The motion to adjourn may be withdrawn.(8)
---------------------------------------------------------------------------
 8. See Sec. Sec. 3.31, 3.32, infra.
---------------------------------------------------------------------------

    The motion to adjourn not only has the highest precedence when a 
question is under debate, but with certain restrictions, under all 
other conditions as well.(9) The entry of the motion to 
reconsider, while highly privileged, is not preferential to the motion 
to adjourn.(10)
---------------------------------------------------------------------------
 9. See Sec. Sec. 3.4-3.16, 3.26 infra.
10. See Rule XIX clause 3, House Rules and Manual Sec. 1003 (2007).
---------------------------------------------------------------------------

    The House may adjourn before the Journal is 
approved.(11)
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11. See Sec. 3.8, infra.
---------------------------------------------------------------------------

    The motion to adjourn may be made during the consideration of a 
rule reported from the Committee on Rules, as long as the motion be not 
made when another Member has the floor, and must be in writing on 
demand of any Member.(12)
---------------------------------------------------------------------------
12. See Sec. 3.6, infra. Under clause 1 of Rule XVI, House Rules and 
        Manual Sec. 902 (2007), a motion must be reduced to writing on 
        the demand of any Member, including the motion to adjourn, see 
        Sec. 3.13, infra.
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    The motion to adjourn may not interrupt a Member who has the 
floor.(13) The motion is not in order during time yielded 
for a parliamentary inquiry.(14) The motion may not be 
repeated in the absence of intervening business.(15)
---------------------------------------------------------------------------
13. See also Sec. Sec. 3.15-3.17, infra.
14. See Sec. 3.18, infra.
15. See Sec. 3.19, infra.
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    The motion to adjourn takes precedence over a motion to suspend the 
rules,(16) but only one motion to adjourn is in order 
pending a motion to suspend the rules.(17)
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16. See Sec. 3.7, infra.
17. Rule XV clause 1(b), House Rules and Manual Sec. 890 (2007). See 
        also Sec. 3.14, infra.
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    The motion to adjourn is in order pending a point of order that a 
quorum is not present.(18)
---------------------------------------------------------------------------
18. See Sec. Sec. 3.20, 3.25, infra.
---------------------------------------------------------------------------

    The motion to adjourn has precedence over a motion for a call of 
the House, but not after a call of the House has been ordered and the 
Clerk directed to call the roll.(19)
---------------------------------------------------------------------------
19. See Sec. Sec.  3.21-3.24, infra.
---------------------------------------------------------------------------

    The motion to adjourn takes precedence over questions of 
privilege.(20)
---------------------------------------------------------------------------
20. Rule IX clause 2(a), clause 2(b), House Rules and Manual 
        Sec. Sec. 699, 700 (2007). See also Sec. 3.26, infra.
---------------------------------------------------------------------------

    The motion to adjourn may not be made prior to a vote on final 
passage when the previous question is ordered by operation of a special 
rule to final passage without intervening motion.(21)
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21. See Sec. 3.12, infra.

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[[Page 786]]

    On Sept. 19, 1979,(22) the House rejected a joint 
resolution on final passage, after having by ordinary motion under 
clause 4 of Rule XVI ordered the previous question to ``final 
passage'', and not pursuant to any special rule ordering the previous 
question to final passage without intervening motion except one motion 
to recommit. The House did not dispose of the motion to reconsider on 
that day but later adjourned until the next day. On Sept. 20, 
1979,(23) a Member moved to reconsider the vote of the 
previous day and the House voted to reconsider the vote on final 
passage. Pending the question on final passage, the Speaker entertained 
a motion to adjourn ``as preferential and in order'' pending the 
putting of the question on final passage for the second time. Thus, the 
motion to adjourn was held in order pending final passage where the 
previous question has been ordered by motion ``to final passage''.
---------------------------------------------------------------------------
22. 125 Cong. Rec. 25345, 25353, 96th Cong. 1st Sess. (H.J. Res. 399).
23. See Sec. 3.12, infra.
---------------------------------------------------------------------------

    The motion to adjourn may be made by any Member, including a 
minority Member.(24)
---------------------------------------------------------------------------
24. See Sec. 3.30, infra.
---------------------------------------------------------------------------

    The Chair may declare the House adjourned by unanimous consent when 
no Member is available to offer the motion.(25)
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25. See Sec. Sec. 3.28, 3.29, infra.
---------------------------------------------------------------------------

    In at least one instance, the House adjourned out of respect for a 
Member's death without adopting a resolution marking the day's 
adjournment.(26)
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26. See Sec. 3.33, infra.                          -------------------
---------------------------------------------------------------------------

Sec. 3.1 In response to a parliamentary inquiry, the Speaker pro 
    tempore indicated that an amendment in the nature of a substitute 
    in the form of a concurrent resolution providing for the sine die 
    adjournment of a session of Congress would not be germane to a 
    simple motion to adjourn.

    On Dec. 30, 1970,(1) during a vote on adjournment, a 
Member attempted to interrupt with a parliamentary inquiry. As soon as 
the result of the vote had been announced, the Speaker permitted the 
Member to make his inquiry, which had to do with amending a simple 
motion to adjourn.
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 44190, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

                                  ADJOURNMENT

        Mr. [W. C.] DANIEL of Virginia. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER pro tempore (Mr. Mills).(2) The question 
    is on the motion to adjourn.
---------------------------------------------------------------------------
 2. Wilbur D. Mills (AR).

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[[Page 787]]

        Mr. [Durwood G.] HALL of Missouri. Mr. Speaker--
        The SPEAKER pro tempore. The Chair would request that the 
    gentleman from Missouri permit the Chair to put the question.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes had it.

                             parliamentary inquiry

        Mr. HALL. Mr. Speaker, a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state his 
    parliamentary inquiry.
        Mr. HALL. Mr. Speaker, is a privileged amendment in the form of 
    a substitute as a concurrent resolution in order on a motion to 
    adjourn?
        The SPEAKER pro tempore. The Chair will advise the gentleman 
    from Missouri that it is not in order on a simple motion to 
    adjourn.

Sec. 3.2 Between 1895 and 1973,(1) a motion that the 
    adjournment on that day be one to a day and time certain was not in 
    order against a demand for the regular order.
---------------------------------------------------------------------------
 1. For the current practice, see Rule XVI clause 4(c), House Rules and 
        Manual Sec. Sec. 911, 912 (2007).
---------------------------------------------------------------------------

    In the early morning hours of the legislative day of Wednesday, 
Feb. 22, 1950,(2) a Member moved that the House adjourn to a 
day certain, the calendar day of Friday, Feb. 24. The subsequent 
objection of another Member served in effect as a demand for the 
regular order.
---------------------------------------------------------------------------
 2. 96 Cong. Rec. 2254, 81st Cong. 2d Sess., Feb. 23, 1950 (calendar 
        day).
---------------------------------------------------------------------------

        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move 
    that when the House adjourns today it adjourn to meet on Friday 
    next at 12 o'clock noon.
        Mr. [Joseph W.] MARTIN [Jr.] of Massachusetts. Mr. Speaker, a 
    point of order.
        The SPEAKER.(3) The gentleman will state it.
---------------------------------------------------------------------------
 3. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. MARTIN of Massachusetts. The gentleman cannot do that. As I 
    understand it, we must come in at noon today for the Thursday 
    session unless unanimous consent is secured to go over until 
    Friday. Is that the proper parliamentary situation?
        The SPEAKER. If the gentleman makes that point.
        Mr. MARTIN of Massachusetts. I think the gentleman ought to 
    proceed in the regular way.
        Mr. McCORMACK. Of course, the gentleman is absolutely correct. 
    I was trying to have an adjournment to a definite time.
        Mr. Speaker, I ask unanimous consent that when the House 
    adjourns today it adjourn to meet on Friday next at 12 o'clock.
        Mr. [John F.] KENNEDY [of Massachusetts]. Mr. Speaker, I 
    object.

                                  adjournment

        Mr. McCORMACK. Mr. Speaker, I move that the House do now 
    adjourn until 12 o'clock today.

[[Page 788]]

        The motion was agreed to; accordingly (at 3 o'clock and 19 
    minutes a. m.), the House adjourned until 12 o'clock noon of 
    Thursday, February 23, 1950.

Sec. 3.3 The Chair cannot refuse to recognize a Member having the floor 
    for a simple motion to adjourn.

    On Mar. 16, 1945,(1) at the culmination of a series of 
exchanges pertaining to the parliamentary situation at the time, the 
Speaker indicated that the motion to adjourn is always in order, and 
that a Member with the floor is entitled to recognition to so move.
---------------------------------------------------------------------------
 1. 91 Cong. Rec. 2380, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] HOFFMAN [of Michigan]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER.(2) The gentleman will state it.
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. HOFFMAN. What is the regular order now?
        The SPEAKER. The regular order is to see if a quorum develops.
        Mr. HOFFMAN. Is it in order to adjourn?
        The SPEAKER. That motion is always in order in the House.
        Mr. HOFFMAN. If there is not a quorum, Mr. Speaker, I move we 
    adjourn.
        The SPEAKER. Will the gentleman withhold that for a moment?
        Mr. HOFFMAN. If the Chair is refusing recognition, I will.
        The SPEAKER. The Chair cannot do that.

Precedence

Sec. 3.4 The motion to adjourn, though most preferential under clause 4 
    of Rule XVI,(1) is not available when the previous 
    question has been ordered (by special rule) to final passage 
    without intervening motion.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. Sec. 911, 912 (2007).
---------------------------------------------------------------------------

    On June 14, 2001,(2) during debate in the House on an 
amendment to a bill on which the previous question had been ordered, 
the following proceedings occurred:
---------------------------------------------------------------------------
 2. 147 Cong. Rec. 10725, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John J.] LaFALCE [of New York]. Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The SPEAKER pro tempore (Mr. Cooksey).(3) The Chair 
    is unable to entertain the gentleman's point of order until the 
    Chair has put the question on the amendment.
---------------------------------------------------------------------------
 3. John Cooksey (PA).
---------------------------------------------------------------------------

        Mr. LaFALCE. Would the Chair restate that position? I thought 
    that I would be able at any point that I was recognized to get up 
    and made a point of order that a quorum was not present.
        The SPEAKER pro tempore. Under the rules of the House, the 
    Chair may

[[Page 789]]

    not recognize the absence of a quorum during debate. The only time 
    the point of order may be entertained is when the Chair puts the 
    question to the House on the gentleman's amendment.
        Mr. LaFALCE. So you could debate within the House of 
    Representatives without a quorum?
        The SPEAKER pro tempore. A point of order of no quorum is not 
    permitted during the debate, no.
        Mr. LaFALCE. Mr. Speaker, I move to adjourn.
        The SPEAKER pro tempore. The Chair is unable to recognize the 
    motion.
        The previous question is ordered under the rule without such 
    intervening motion.
        Mr. [Michael G.] OXLEY [of Ohio]. Point of inquiry. Does the 
    request have to be in writing?
        The SPEAKER pro tempore. On demand, the motion needs to be in 
    writing.
        Mr. OXLEY. The gentleman from New York was recognized for what 
    particular purpose?
        The SPEAKER pro tempore. With the previous question having been 
    ordered to passage without intervening motion pending is the debate 
    on the amendment controlled by the gentleman from Ohio (Mr. Oxley) 
    and the gentleman from New York (Mr. LaFalce). Under the special 
    rule, no other motions are permissible.
        Mr. LaFALCE. A motion to adjourn is not permissible at this 
    time?
        The SPEAKER pro tempore. The gentleman is correct.

                             parliamentary inquiry

        Mr. LaFALCE. Mr. Speaker, I have a parliamentary inquiry. When 
    is a motion to adjourn permissible?
        The SPEAKER pro tempore. With the previous question being 
    ordered to final passage without intervening motion under the rule 
    that motion can be entertained after the question of passage of the 
    bill.
        Mr. LaFALCE. Not before passage of the bill?
        The SPEAKER pro tempore. That is the ruling of the Chair.

Sec. 3.5 Although a motion to instruct conferees is privileged under 
    clause 1(c) of Rule XXVIII(1) a motion to adjourn 
    remains preferential even after the motion to instruct has been 
    read.
---------------------------------------------------------------------------
 1. Now Rule XXII clause 7(c)(1), House Rules and Manual Sec. 1079 
        (2007).
---------------------------------------------------------------------------

    On Sept. 30, 1997,(2) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 2. 143 Cong. Rec. 20886, 20887, 105th Cong. 1st Sess.
---------------------------------------------------------------------------

         MOTION TO INSTRUCT CONFEREES ON H.R. 1757, FOREIGN RELATIONS 
          AUTHORIZATION ACT, FISCAL YEARS 1998 AND 1999, AND EUROPEAN 
                              SECURITY ACT OF 1997

        Mr. [Lloyd A.] DOGGETT [of Texas]. Mr. Speaker, I offer a 
    privileged motion.
        The SPEAKER.(3) The Clerk will report the motion.
---------------------------------------------------------------------------
 3. Newt Gingrich (GA).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Mr. Doggett moves that the managers on the part of the 
        House at the conference on the disagreeing votes

[[Page 790]]

        of the two Houses on the bill, H.R. 1757, be instructed to 
        reject section 1601 of the Senate amendment, which provides for 
        payment of all claims against the Iraqi Government before those 
        of U.S. veterans and the U.S. Government (i.e., U.S. 
        taxpayers).                          -------------------

                               MOTION TO ADJOURN

        Mr. [C. Joseph] SCARBOROUGH [of Florida]. Mr. Speaker, I move 
    that the House do now adjourn.
        The SPEAKER. A motion to adjourn is in order.
        Mr. SCARBOROUGH. Mr. Speaker, I had asked earlier for a 
    question. We can do a motion to adjourn, if I can ask the gentleman 
    from Texas a question?
        The SPEAKER. A motion to adjourn is not debatable, and the 
    gentleman was not recognized prior to this time.

                                {time}  0015

        Does the gentleman from Florida insist on his motion to 
    adjourn?
        Mr. SCARBOROUGH. Yes, Mr. Speaker.
        Mr. DOGGETT. Mr. Speaker, has the motion been reduced to 
    writing?
        The SPEAKER. Yes. The question is on the motion to adjourn 
    offered by the gentleman from Florida [Mr. Scarborough].
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. DOGGETT. 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 
    206, nays 183, not voting 44, as follows:

                              [Roll No. 479] . . .

        So the motion to adjourn was agreed to.
        The result of the vote was announced as above recorded.
        Accordingly (at 12 o'clock and 34 minutes a.m.) the House 
    adjourned until today, Wednesday, October 1, 1997, at 10 a.m.

Sec. 3.6 The motion to adjourn may be made during the consideration of 
    a rule reported from the Committee on Rules pursuant to clause 4(b) 
    of Rule XI,(1) as long as the motion is not made when 
    another Member has the floor and is reduced to writing on demand of 
    any Member.
---------------------------------------------------------------------------
 1. Now Rule XIII, clause 6, see House Rules and Manual Sec. 857 
        (2007).
---------------------------------------------------------------------------

    On Sept. 27, 1993,(2) where the House adjourned during 
the consideration of a special order reported from the Committee on 
Rules, further consideration of the rule would become the unfinished 
business when the House next reconvened; and when the consideration of 
unfinished business resumed in the House, debate did not begin anew but 
recommenced from the point at which it was interrupted.(3) 
The following occurred.
---------------------------------------------------------------------------
 2. 139 Cong. Rec. 22608, 22609, 103d Cong. 1st Sess.
 3. 139 Cong. Rec. 22719, 103d Cong. 1st Sess.

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[[Page 791]]

                               motion to adjourn

        Mr. [Dan] BURTON of Indiana. For that reason, and because of 
    this rule and because I cannot bring it to the floor to debate it, 
    Madam Speaker, I move the House do now adjourn, with apologies to 
    my colleague, the gentleman from New York [Mr. Solomon].
        The SPEAKER pro tempore (Mrs. Meek).(4) Will the 
    gentleman from Indiana withhold that motion momentarily?
---------------------------------------------------------------------------
 4. Carrie P. Meek (FL).
---------------------------------------------------------------------------

        Mr. BURTON of Indiana. As long as it is not going to be 
    overlooked, Madam Speaker.
        The SPEAKER pro tempore. The gentleman's debate time has 
    expired. Does the gentleman from Indiana still insist on that 
    motion?
        Mr. BURTON of Indiana. I do insist, Madam Speaker.

                             parliamentary inquiry

        Mr. [Gerald B. H.] SOLOMON [of New York]. Madam Speaker, I have 
    a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will please state his 
    inquiry.
        Mr. SOLOMON. Madam Speaker, I do not believe that the motion is 
    in writing.
        I would like to continue the debate, if we could, and let the 
    gentleman make it in a timely manner, if that is all right with the 
    gentleman.
        Mr. BURTON of Indiana. No, Madam Speaker, I do insist on my 
    motion, with apologies to my colleague.
        The SPEAKER pro tempore. The motion must be in writing.
        The Chair recognizes the gentleman from New York [Mr. Solomon].
        Mr. SOLOMON. Madam Speaker, I yield 2 minutes to the gentleman 
    from Florida [Mr. Mica].
        Mr. BURTON of Indiana. Madam Speaker, there is a pending motion 
    on the floor.
        The SPEAKER pro tempore. The gentleman from New York has 
    insisted that the motion be in writing. Meanwhile, the gentleman 
    from Florida [Mr. Mica] is recognized for 2 minutes. . . .
        Mr. SOLOMON. Madam Speaker, I yield 2 minutes to the 
    distinguished gentleman from Pennsylvania [Mr. Walker].

                                 Point of Order

        Mr. BURTON of Indiana. Madam Speaker, I have a point of order.
        The SPEAKER pro tempore (Mrs. Meek). The gentleman will state 
    his point of order.
        Mr. BURTON of Indiana. The Speaker in the chair a few moments 
    ago asked if I would defer for a few moments while she talked to 
    somebody up there at the desk. I did defer. Now I want my motion to 
    be voted upon. The gentlewoman in the Chair, the gentlewoman from 
    Florida [Mrs. Meek], has it in writing. She asked me to wait. I did 
    wait. Now I would like the motion to be heard.
        The SPEAKER pro tempore. The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Burton of Indiana moves that the House do now adjourn.

                            parliamentary inquiries

        Mr. [George W.] GEKAS [of Pennsylvania]. Madam Speaker, I have 
    a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state his 
    parliamentary inquiry.

[[Page 792]]

        Mr. GEKAS. Madam Speaker, I assume that if the gentleman's 
    motion is considered by the Chair and put to the House, there would 
    be an immediate vote on it. My parliamentary inquiry then would be:
        If it should be defeated, would we go on with the regular order 
    of business?
        We should. I assume that we would go on with the regular order 
    of business.
        My parliamentary inquiry is:
        In the event that it should not fail, that it should prevail, 
    and this House do adjourn, is it in order to ask prior to the vote 
    being taken that the adjournment be held over until special orders 
    are completed?
        The SPEAKER pro tempore. The Chair will not entertain that 
    request.
        Mr. [Martin] FROST [of Texas]. Regular order, Madam Speaker.
        Mr. GEKAS. Could I ask the gentleman from Indiana [Mr. Burton], 
    in a colloquy pursuant to my parliamentary inquiry----
        Mr. FROST. Mr. Speaker, I ask for regular order.
        The SPEAKER pro tempore. The Chair must put the question on the 
    motion to adjourn.
        Mr. GEKAS. Madam Speaker, I have a point of parliamentary 
    inquiry as to that.
        The SPEAKER pro tempore. Will the gentleman from Pennsylvania 
    please state his parliamentary inquiry?
        Mr. GEKAS. Is it proper, is it within regular order, to ask the 
    sponsor of the motion to adjourn to defer adjournment, even if his 
    motion prevails, until after special orders? Would the gentleman 
    agree to that condition?
        The SPEAKER pro tempore. Once that motion is agreed to, the 
    House must adjourn immediately.
        Mr. GEKAS. Madam Speaker, I am trying to get across that we 
    have special orders we would like to get to.
        Mr. SOLOMON. Madam Speaker, I have a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state his 
    parliamentary inquiry.
        Mr. SOLOMON. Madam Speaker, is it now true that, if the motion 
    to adjourn is forced on the body, we would have to start this 
    debate on this rule all over, and that we have just 5 minutes left 
    on the debate today, and we could do that without further 
    inconveniencing any of the Members if the gentleman would just 
    withhold for 5 minutes?
        Madam Speaker, we have a lot of very, very important business 
    to take care of on this floor tomorrow, and I would plead with the 
    gentleman from Indiana [Mr. Burton] to withhold his motion for 5 
    minutes.
        The SPEAKER pro tempore. If the House adjourns now, the 
    resolution will be unfinished business tomorrow.
        Mr. SOLOMON. And we would be starting all over again, Madam 
    Speaker?
        The SPEAKER pro tempore. Not necessarily.
        Mr. [Robert L.] LIVINGSTON [of Louisiana]. Madam Speaker, I 
    have a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state his 
    parliamentary inquiry.
        Mr. LIVINGSTON. Might I inquire of the Chair if it is possible 
    to vote on a motion to adjourn by voice vote?
        The SPEAKER pro tempore. Yes. If the ayes have it, then the 
    House could adjourn.

[[Page 793]]

        Mr. FROST. Madam Speaker, once again I must ask for regular 
    order.
        The SPEAKER pro tempore. The question is on the motion to 
    adjourn offered by the gentleman from Indiana [Mr. Burton].
        The motion was agreed to; accordingly (at 5 o'clock and 5 
    minutes p.m.), under its previous order, the House adjourned until 
    tomorrow, Tuesday, September 28, 1993, at 10 a.m.

Sec. 3.7 The motion to adjourn is of the highest privilege under Rule 
    XVI clause 4,(1) and thus takes precedence over the 
    motion to suspend the rules.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. Sec. 911, 912 (2007).
---------------------------------------------------------------------------

    On Aug. 11, 1992,(2) the Speaker entertained 
parliamentary inquiries while counting for a quorum on a negative vote 
on a motion to adjourn:
---------------------------------------------------------------------------
 2. 138 Cong. Rec. 23085, 23086, 102d Cong. 2d Sess. See also 117 Cong. 
        Rec. 38536, 38537, 92d Cong. 1st Sess., Nov. 1, 1971.
---------------------------------------------------------------------------

        The SPEAKER pro tempore (Mr. McNulty).(3) The 
    question is on the motion offered by the gentleman from California 
    [Mr. Miller] that the House suspend the rules and pass the bill, 
    H.R. 2144, as amended.
---------------------------------------------------------------------------
 3. Michael R. McNulty (NY).
---------------------------------------------------------------------------

        The question was taken.
        Mr. [Ron] MARLENEE [of Pennsylvania]. Mr. Speaker, on that I 
    demand the yeas and nays.
        The question was taken.
        Mr. MARLENEE. Mr. Speaker, I object to the vote on the grounds 
    that a quorum is not present, and I make the point of order that a 
    quorum is not present.
        The SPEAKER pro tempore. Evidently a quorum is not present. 
    Pursuant to clause 5 of rule I, and the Chair's prior announcement, 
    further proceedings on this motion will be postponed.
        The point of no quorum is considered 
    withdrawn.                          -------------------

                             PARLIAMENTARY INQUIRY

        Mr. MARLENEE. Mr. Speaker, I have a parliamentary inquiry.
        Mr. Speaker, at this time is a motion to adjourn in order? Is 
    it a privileged motion?
        The SPEAKER pro tempore. A motion to adjourn is a privileged 
    motion.                          -------------------

                          FALSE CLAIMS AMENDMENTS ACT

        Mr. [Barney] FRANK of Massachusetts. Mr. Speaker, I move to 
    suspend the rules and pass the bill, H.R. 4563, with an 
    amendment.                          -------------------

                             PARLIAMENTARY INQUIRY

        Mr. MARLENEE. Mr. Speaker, I had a parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. MARLENEE. Mr. Speaker, I did not receive a response on my 
    parliamentary inquiry.

[[Page 794]]

        The SPEAKER pro tempore. The gentleman did receive a response. 
    The motion is a privileged 
    motion.                          -------------------

                               MOTION TO ADJOURN

        Mr. MARLENEE. Mr. Speaker, I move that the House do now 
    adjourn.
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. MARLENEE. Mr. Speaker, I object to the vote on the ground 
    that a quorum is no present, and make the point of order that a 
    quorum is not present.
        The SPEAKER pro tempore. The Chair will count for a quorum.

                            parliamentary inquiries

        Mr. [George W.] GEKAS [of Pennsylvania]. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. GEKAS. Mr. Speaker, is the Chair empowered to declare a 
    recess?
        The SPEAKER pro tempore. No; he is not. The Chair is counting 
    for a quorum.
        Mr. FRANK of Massachusetts. Mr. Speaker, I have a parliamentary 
    inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. FRANK of Massachusetts. Mr. Speaker, in light of the fact 
    that the gentleman who is objecting was upset that bills cost 
    money, is it relevant that the next bill is a saving to the 
    taxpayer, according to OMB and CBO, since it is a False Claims 
    Amendment Act? Maybe the gentleman would like to let us save a few 
    million dollars.
        The SPEAKER pro tempore. The Chair cannot entertain that 
    inquiry, which is not a parliamentary inquiry, when he is counting 
    for a quorum.
        Mr. FRANK of Massachusetts. I knew that, Mr. Speaker, but the 
    gentleman was listening.

                                {time}  1930

        Mr. MARLENEE. Mr. Speaker, I have a parliamentary inquiry.
        The SPEAKER pro tempore. (Mr. McNulty). The gentleman will 
    state his parliamentary inquiry.
        Mr. MARLENEE. Mr. Speaker, what would be the effect of my 
    withdrawing the point of order?
        The SPEAKER pro tempore. If the gentleman withdrew his point of 
    order, the Chair would rely on his earlier declaration that the 
    noes had it on the voice vote and the motion would not be agreed 
    to.
        Mr. MARLENEE. . . .
        Mr. Speaker, I withdraw my point of order.
        The SPEAKER pro tempore. The gentleman withdraws his point of 
    order of no quorum.
        So the motion to adjourn was rejected.

Sec. 3.8 The motion to adjourn takes precedence over the Chair's 
    putting the question on the Speaker's approval of the Journal. 
    Where less than a quorum rejects a motion to adjourn, the House may 
    not consider business but may dispose of motions to secure the 
    attendance of absent Members.

[[Page 795]]

    On Nov. 2, 1987,(1) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 1. 133 Cong. Rec. 30386-90, 100th Cong. 1st Sess.
---------------------------------------------------------------------------

                                  THE JOURNAL

        The SPEAKER.(2) The Chair has examined the Journal 
    of the proceedings of the second legislative day of Thursday, 
    October 29, 1987.
---------------------------------------------------------------------------
 2. James C. Wright, Jr. (TX).
---------------------------------------------------------------------------

        The question is on approval of that 
    Journal.                          -------------------

                                  ADJOURNMENT

        Mr. [Thomas S.] FOLEY [of Washington]. Mr. Speaker, I offer a 
    privileged motion.
        The SPEAKER. The Clerk will report the motion. The Clerk read 
    as follows:

            Mr. Foley moves that the House do now adjourn.

        The SPEAKER. The question is on the motion offered by the 
    gentleman from Washington [Mr. Foley].
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [F. James] SENSENBRENNER [Jr., of Wisconsin]. Mr. Speaker, 
    I ask for a division.
        The SPEAKER. A division is requested.
        A division was taken; and the Speaker announced that ayes were 
    12 and noes were 15.
        Mr. FOLEY. 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.
        Mr. SENSENBRENNER. Mr. Speaker, I have a point of order.
        Mr. Speaker, that is not a proper motion to make. The House can 
    adjourn without a quorum.
        The SPEAKER. That is true, but when the vote is a negative vote 
    the House is not adjourned unless the vote were established to be 
    an affirmative vote. The Chair counted 12 ayes and 15 noes.
        Mr. FOLEY. Mr. Speaker, on that I demand the yeas and nays.
        The SPEAKER. The gentleman can object to the negative division 
    vote on the ground that a quorum is not present, and 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 
    92, nays 100, not voting 241, as follows:

                              [Roll No. 396] . . .

                            parliamentariay inquiry

        Mr. FOLEY (during the voting). Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. FOLEY. Mr. Speaker, is it the case that until a majority 
    appears to adjourn the House may not adjourn? Is that correct.
        The SPEAKER. The gentleman is correct.
        Mr. FOLEY. And, Mr. Speaker, is it also true that the House may 
    not do any other business?
        Mr. SENSENBRENNER. Mr. Speaker, the House is not in order.

[[Page 796]]

        The SPEAKER. The House is not in order.
        Will all Members of the House please kindly desist from private 
    conversations?
        Mr. FOLEY. Mr. Speaker, is it also correct that the House may 
    not take up any other business pending their conclusion of this 
    vote by rollcall on adjournment?
        The SPEAKER. The gentleman is correct.
        Mr. FOLEY. And the House must remain in session pending an 
    affirmative vote to adjourn, a quorum appearing in support, or a 
    quorum appearing?
        The SPEAKER. The gentleman is correct.

                                 point of order

        Mr. [Robert S.] WALKER [of Pennsylvania] (during the voting). 
    Mr. Speaker, I have a point of order.
        The SPEAKER. The gentleman will state his point of order.
        Mr. WALKER. Under what rule are we holding discussion while a 
    vote is still open?
        The SPEAKER. Parliamentary inquiries have been propounded to 
    the Chair. Under the precedents, the Chair is responding to 
    parliamentary inquiries relating to the pending situation.
        Mr. WALKER. While the vote is being taken and that is an 
    appropriate procedure during the course of a vote, is that correct, 
    Mr. Speaker?
        Mr. FOLEY. Point of order, Mr. Speaker. If the parliamentary 
    inquiry is not in order, then the gentleman's point of order is not 
    in order.
        Mr. SENSENBRENNER. Mr. Speaker, I call for the regular order.
        The SPEAKER. The Chair will respond to the gentleman's inquiry.
        The precedents hold that it is in order for the Chair to 
    recognize Members for points of parliamentary inquiry if those 
    points of parliamentary inquiry apply to the business at hand.

                             parliamentary inquiry

        Mr. WALKER (during the voting). Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. WALKER. Mr. Speaker, should this vote fail, there is a 
    process by which the House could ask the Sergeant at Arms to round 
    up the absent Members, is that not correct?
        The SPEAKER. The gentleman is correct.
        Mr. WALKER. And that motion would be in order immediately 
    following this vote?
        The SPEAKER. After the Chair has announced the vote, that 
    motion would be in order.

                             parliamentary inquiry

        Mr. SENSENBRENNER (during the voting). Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. SENSENBRENNER. Mr. Speaker, when would that announcement 
    take place?
        The SPEAKER. The announcement will take place when the Chair 
    announces it, which the Chair is about to do.
        The Chair is advised that there are Members on the way to the 
    Chamber.
        On this vote, the yeas are 92, the nays are 100, and the motion 
    is not agreed to.

[[Page 797]]

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

                                {time}  1230

                      motion offered by mr. sensenbrenner

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

            Mr. Sensenbrenner moves, pursuant to rule XV, clause 2(a), 
        that the Sergeant at Arms be directed to arrest the absent 
        Members.

        The question was taken; and the Speaker announced that the noes 
    appeared to have it.
        Mr. SENSENBRENNER. 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 
    65, nays 130, not voting 238, as follows:

                              [Roll No. 397] . . 
                 .                          -------------------

                               MOTION TO ADJOURN

        Mr. FOLEY. Mr. Speaker, I offer a highly privileged motion.
        The SPEAKER. The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Foley moves that the House do now adjourn.

        The SPEAKER. The question is on the motion offered by the 
    gentleman from Washington [Mr. Foley].
        The question was taken; and the Speaker announced that the noes 
    appeared to have it.
        Mr. FOLEY. 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 
    95, nays 102, not voting 236, as follows:

                              [Roll No. 398] . . .

        The SPEAKER. Are there other Members in the Chamber who desire 
    to vote?

                          announcement by the speaker

        The SPEAKER. The Chair desires to announce that in the event 
    the Sergeant at Arms were instructed to go and to find and arrest 
    absent Members, the Sergeant at Arms has informed the Chair that he 
    already has enough volunteers to find and arrest Members from 
    Hawaii.
        Are there other Members in the Chamber who desire to vote?
        Are there Members who desire to change their votes?
        Mr. de la Garza changed his vote from ``nay'' to ``yea.''
        The SPEAKER. Are there in the Chamber those who just have not 
    realized that a vote is being taken?
        Are there other Members who are on the way from their offices?
        Have we received urgent requests from Members to hold the vote 
    open?
        Are there Members in the elevators?
        If there are no other Members who desire to vote or to change 
    their votes, all time has expired.
        So the motion was rejected.
        The result of the vote was announced as above recorded.

                    privileged motion offered by mr. walker

        Mr. WALKER. Mr. Speaker, I offer a privileged motion that I 
    send to the desk.

[[Page 798]]

        Mr. [Henry B.] GONZALEZ [of Texas]. Mr. Speaker, I have a 
    parliamentary inquiry.
        Mr. WALKER. I have a privileged motion, Mr. Speaker.
        The SPEAKER. The Clerk will report the motion.

            Mr. Walker moves pursuant to clause 2, rule XV that the 
        Speaker be authorized to compel the attendance of absent 
        Members.

        Mr. GONZALEZ. Mr. Speaker, I did not hear the reading of that 
    motion.
        The SPEAKER. The Clerk will read the motion again slowly and in 
    a clear voice.
        The Clerk reread the motion.
        Mr. GONZALEZ. I move to table that motion.
        The SPEAKER. A motion to table is not in order.
        Mr. WALKER. Is that motion at the desk, Mr. Speaker?
        If the motion is not at the desk, Mr. Speaker, it is not in 
    order.
        The SPEAKER. The Chair is of the opinion that since this is 
    neither a debatable nor an amendable motion that a motion to table 
    is not in order under the circumstances.
        The question is on the motion offered by the gentleman from 
    Pennsylvania [Mr. Walker] that the Chair be instructed to compel 
    the attendance of absent Members.
        The question was taken; and the Speaker announced that the noes 
    appeared to have it.
        Mr. WALKER. 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 
    102, nays 96, not voting 235, as follows:

                              [Roll No. 399] . . .

        Mr. Shuster changed his vote from ``nay'' to ``yea.''
        So the motion was agreed to.
        The result of the vote was announced as above recorded.
        The SPEAKER. Pursuant to the motion, the Chair directs that the 
    Sergeant at Arms proceed with such steps as may be necessary and 
    efficacious to compel the attendance of absent Members.
        Members who have not been heretofore recorded will give their 
    names to the Clerk upon arriving, and until the establishment of a 
    quorum no other business can be conducted.

                                {time}  1330

                             parliamentary inquiry

        Mr. SENSENBRENNER. Mr. Speaker, I have a parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. SENSENBRENNER. Mr. Speaker, would it be in order to grant 
    the Speaker authority to declare a recess today to a time certain 
    at this point?
        The SPEAKER. The Chair is advised that in the absence of a 
    quorum no motion which requires unanimous consent may be 
    entertained, and that would be such a motion.
        Therefore, the Chair regrets that the motion would not be in 
    order.
        Members will observe and stand by.

                             parliamentary inquiry

        Mr. WALKER. Mr. Speaker, I have a parliamentary inquiry.
        The SPEAKER. The gentleman will state it.

[[Page 799]]

        Mr. WALKER. Mr. Speaker, will the House be given notice when 
    sufficient Members have arrived to do business?
        Mr. [Larry J.] HOPKINS [of Kentucky]. Mr. Speaker, do we get a 
    15-minute notice?
        The SPEAKER. When a quorum arrives, we will move to dispense 
    with further proceedings under this motion, and at that point 
    additional business may be considered. That is all that can be done 
    under the present circumstances.
        Members will stand by and enjoy one another's conviviality.

                                {time}  1510

        The SPEAKER. Pursuant to clause 2 of rule XV, the names of 
    those Members who have voluntarily appeared subsequent to rollcall 
    No. 399 shall be spread upon the Journal.
        The list of names referred to is as follows:

            Messrs. Shaw; Leath of Texas; Williams; Neal; Walgren; 
        Sabo; Mfume; Traxler; Dixon; St Germain; Bonior of Michigan; 
        Volkmer; Jeffords; Andrews; Edwards of California; Roe; Porter; 
        Dymally; Stenholm; Hatcher; Cheney; and Harris; Mrs. Morella; 
        and Messrs. Yates; Nagle; and Cardin.

        The SPEAKER. Are there other Members who desire to be recorded?
        If not, the Chair recognizes the gentleman from Michigan [Mr. 
    Bonior].                          -------------------

                                  ADJOURNMENT

        Mr. BONIOR of Michigan. Mr. Speaker, I move that the House do 
    now adjourn.
        The SPEAKER. The question is on the motion offered by the 
    gentleman from Michigan [Mr. Bonior].
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. SENSENBRENNER. 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 
    116, nays 106, not voting 211, as follows:

                              [Roll No. 400] . . .

        Messrs. FRENZEL, HEFLEY, and LOWERY of California changed their 
    votes from ``yea'' to ``nay.''
        So the motion was agreed to.
        The result of the vote was above recorded.
        Accordingly (at 3 o'clock and 40 minutes p.m.) the House 
    adjourned until tomorrow, Tuesday, November 3, 1987, at 12 noon.

Sec. 3.9 Under Rule XVI clause 4,(1) the motion to adjourn 
    takes precedence over all other motions and questions, including 
    the filing of a privileged report pursuant to clause 4(a) of Rule 
    XI.(2)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. Sec. 911, 912 (2007).
 2. Now Rule XIII, clause 5, see Id. at Sec. 853 (2007).
---------------------------------------------------------------------------

    On Apr. 29, 1985,(3) the motion to adjourn took 
precedence over the filing of a privileged report on a contested 
election from the

[[Page 800]]

Committee on House Administration:
---------------------------------------------------------------------------
 3. 131 Cong. Rec. 9699, 9700, 99th Cong. 1st Sess.
---------------------------------------------------------------------------

              REQUEST FOR PERMISSION TO SUBMIT A PRIVILEGED REPORT

        Mr. [Leon E.] PANETTA [of California]. Mr. Speaker, by 
    direction of the Committee on House Administration, I submit a 
    privileged report.
        Mrs. [Lynn] MARTIN [of Illinois]. Mr. Speaker, I have a 
    privileged resolution at the desk.
        Mr. Speaker. I have a privileged resolution that I sent to the 
    desk.
        Mr. [Charles E.] SCHUMER [of New York]. Mr. Speaker, will the 
    gentlewoman yield?
        Mrs. MARTIN of Illinois. No; the gentlewoman cannot with a 
    privileged resolution.
        Mr. SCHUMER. Did the gentlewoman ask for a privileged 
    revolution or resolution?
        The SPEAKER pro tempore.(4) The House will be in 
    order.
---------------------------------------------------------------------------
 4. James C. Wright (TX).
---------------------------------------------------------------------------

        Mrs. MARTIN of Illinois. One may lead to the other.
        The SPEAKER pro tempore. The House will be in order.
        The Chair had recognized the gentleman from California [Mr. 
    Panetta], who has sent a privileged report to the desk.
        Has the gentleman from California quite finished with his 
    request?
        Mrs. MARTIN of Illinois. Mr. Speaker, I believe that my motion 
    has the highest privilege.
        The SPEAKER pro tempore. The gentlewoman will be recognized in 
    due course, if the gentlewoman will--
        Mrs. MARTIN of Illinois. But I believe my motion has 
    precedence.
        The SPEAKER pro tempore. The gentlewoman has not--
        Mrs. MARTIN of Illinois. Mr. Speaker, I believe that my motion 
    has precedence.
        The SPEAKER pro tempore. The gentlewoman will be recognized.
        The gentlewoman will state her privileged 
    motion.                          -------------------

                               MOTION TO ADJOURN

        Mrs. MARTIN of Illinois. I thank the Chair.
        Mr. Speaker, I move that the House do now adjourn.

                                {time}  1230

        The SPEAKER pro tempore. The gentlewoman does state a 
    privileged motion, and the question is on the gentlewoman's motion.
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. [Jim] KOLBE [of Arizona]. 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 124, nays 168, not voting 
    141, as follows:

                              [Roll No. 77] . . .

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

[[Page 801]]

                                      -------------------REPORT ON 
         RESOLUTION RELATING TO ELECTION OF A REPRESENTATIVE FROM THE 
                    EIGHTH CONGRESSIONAL DISTRICT OF INDIANA

        Mr. PANETTA, from the Committee on House Administration, 
    submitted a privileged report (Rept. No. 99-58) on the resolution 
    (H. Res. 146) relating to election of a Representative from the 
    Eighth Congressional District of Indiana, which was referred to the 
    House Calendar and ordered to be printed.

Sec. 3.10 While the motion to adjourn takes precedence over any other 
    motion under Rule XVI clause 4(a),(1) the Speaker may, 
    through the power of recognition, recognize the Majority Leader, by 
    unanimous consent, for one minute where no objection is raised to 
    announce the legislative program prior to entertaining the motion 
    to adjourn.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    On Dec. 14, 1982,(2) the following proceedings occurred:
---------------------------------------------------------------------------
 2. 128 Cong. Rec. 30549, 30550, 97th Cong. 2d Sess.
---------------------------------------------------------------------------

        The Clerk announced the following pairs:
        On this vote:

            Mr. Fary for, with Mr. Thomas against.
            Mr. John L. Burton for, with Mr. Chappie against.

        So the joint resolution was passed.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.
        The SPEAKER.(3) The Chair recognizes the majority 
    leader, the gentleman from Texas (Mr. Wright).
---------------------------------------------------------------------------
 3. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------

        Mr. [Denny] SMITH [of Oregon]. Mr. Speaker, I have a 
    preferential motion to send to the desk.
        The SPEAKER. The gentleman will be seated. The Speaker has the 
    right of recognition.
        Mr. SMITH of Oregon. Mr. Speaker, I have a preferential motion.
        Mr. [Robert S.] WALKER [of Pennsylvania]. Regular order, Mr. 
    Speaker.

                                {time}  2040

        The SPEAKER. The Chair recognizes the majority leader, the 
    gentleman from Texas (Mr. 
    Wright).                          -------------------

                              LEGISLATIVE PROGRAM

        Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, let me 
    simply announce for the benefit of the Members that it is our 
    intention now to have no further votes tonight. We plan to take up 
    the things that we put off last night in order that Members might 
    go and attend the reception in the White House, the remaining 
    suspension, and was agreed with the Republican leadership and our 
    leadership last night, but we will not have any votes. We will roll 
    the votes until tomorrow, let the votes be the first thing 
    tomorrow. . . .

[[Page 802]]

                                     -------------------PREFERENTIAL 
                     MOTION OFFERED BY MR. SMITH OF OREGON

        Mr. SMITH of Oregon. Mr. Speaker, I offer a preferential 
    motion.
        The SPEAKER. The gentleman will state his preferential motion.
        Mr. SMITH of Oregon. Mr. Speaker, I move that the House do now 
    adjourn.
        The SPEAKER. The question is on the preferential motion offered 
    by the gentleman from Oregon (Mr. Smith).
        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. SMITH of Oregon. 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 
    122, nays 202, not voting 109, as follows:

                              [Roll No. 452] . . 
                 .                          -------------------

                          ANNOUNCEMENT BY THE SPEAKER

        The SPEAKER. The Chair will make the following statement:
        It is the usual and customary practice in this House that when 
    we come to the end of a proceeding, as we did, that the majority 
    leader then announces the program for the remainder of the night. 
    The majority leader had informed me that he was going to make that 
    announcement. Normally it is a unanimous-consent request, and that 
    is what the Chair anticipated that the majority leader would do.
        It is the prerogative and the duty of the Speaker of the House 
    to run this body in an expeditious manner and he should be informed 
    when motions are going to be made, whether they are privileged or 
    otherwise, and when he is suddenly confronted with a privileged 
    motion, then it is my opinion, while the Chair appreciates that he 
    follows the rules of the House, it does not improve the decorum of 
    the House. The Speaker at all times tries to be fair, and thought 
    he was being fair with the Members when he was recognizing the 
    majority leader to inform the membership what the program was for 
    the remainder of the evening.

    Parliamentarian's Note: The Speaker recognized the Majority Leader 
to announce the program for the remainder of the day and declined to 
recognize a Member to offer a motion to adjourn pending that 
announcement, although the Majority Leader had neglected to obtain 
unanimous consent to address the House for one minute. The Speaker then 
suggested that decorum would be maintained by unanimous-consent 
permission to announce the leadership program pending a motion to 
adjourn. Any Member can force an immediate vote on a privileged motion 
to adjourn by objecting to a unanimous-consent request to address the 
House for one minute to announce the program. The Speaker may entertain 
a unanimous-consent request pending a privileged motion, but in this 
instance he merely assumed that the Majority Leader had properly 
obtained the

[[Page 803]]

floor. Once the floor is obtained for one minute, a motion to adjourn 
cannot interrupt.

Sec. 3.11 The motion to adjourn is highly privileged and may be offered 
    after the House rejects a motion to lay on the table a motion to 
    instruct conferees and before the vote occurs on the motion to 
    instruct.

    On May 29, 1980,(1) the House adopted a motion to insist 
on its disagreement to a Senate amendment and to request a further 
conference with the Senate, and then adopted a motion to instruct the 
House conferees, after having rejected a motion to adjourn offered by 
the manager of the conference report:
---------------------------------------------------------------------------
 1. 126 Cong. Rec. 12717-19, 96th Cong. 2d Sess.
---------------------------------------------------------------------------

                    motion to instruct offered by mr. latta

        Mr. [Delbert L.] LATTA [of Ohio]. Mr. Speaker, I offer a motion 
    to instruct.
        The Clerk read as follows:
        Mr. Latta moves to instruct the managers on the part of the 
    House at the conference on the disagreeing votes of the two Houses 
    on House Concurrent Resolution 307, first concurrent resolution on 
    the budget for fiscal year 1981, to agree to the figures in 
    functional category 050, national security, of $153.7 billion in 
    outlays and $171.3 billion in budget authority.

                     motion to table offered by mr. giaimo

        Mr. [Robert N.] GIAIMO [of Connecticut]. Mr. Speaker, I move to 
    lay the motion on the table.
        The SPEAKER.(2) The question is on the motion to 
    table offered by the gentleman from Connecticut (Mr. Giaimo).
---------------------------------------------------------------------------
 2. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------

        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. LATTA. 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 
    123, nays 165, not voting 145, as follows:

                              [Roll No. 273] . . .

                             motion for adjournment

        Mr. GIAIMO. Mr. Speaker, I move that the House do now adjourn.
        The SPEAKER. The question is on the motion offered by the 
    gentleman from Connecticut (Mr. Giaimo).
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. LATTA. 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 
    141, nays 145, not voting 147, as follows:

                              [Roll No. 274] . . .

        Mr. TAUZIN changed his vote from ``yea'' to ``nay.''
        So the motion was rejected.
        The result of the vote was announced as above recorded.

[[Page 804]]

        The SPEAKER. The question is on the motion to instruct offered 
    by the gentleman from Ohio (Mr. Latta).
        The motion was agreed to.

          appointment of conferees on house concurrent resolution 307

        The SPEAKER. The Chair appoints the following conferees: 
    Messrs. Giaimo, Wright, Ashley, Simon, Mineta, Jones of Oklahoma, 
    Brodhead, Wirth, Panetta, Gephardt, Nelson, Latta, Conable, Mrs. 
    Holt, Mr. Regula, and Mr. Rudd.

Sec. 3.12 The motion to adjourn takes precedence over a vote on final 
    passage where the House has reconsidered the first vote on final 
    passage and where the previous question has been ordered by motion 
    to final passage.

    On Sept. 20, 1979,(1) the following events occurred in 
the House:
---------------------------------------------------------------------------
 1. 125 Cong. Rec. 25512, 25513, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

            RECONSIDERATION OF VOTE ON HOUSE JOINT RESOLUTION 399, 
                        CONTINUING APPROPRIATIONS, 1980

        Mr. [Harold A.] VOLKMER [of Missouri]. Mr. Speaker, having 
    voted on the prevailing side, I move to reconsider the vote whereby 
    House Joint Resolution 399 was not passed.
        The SPEAKER pro tempore (Mr. Rostenkowski).(2) The 
    Chair will inquire, did the gentleman vote no on final passage?
---------------------------------------------------------------------------
 2. Dan Rostenkowski (IL).
---------------------------------------------------------------------------

        Mr. VOLKMER. Mr. Speaker, I voted no on final passage.
        The SPEAKER pro tempore. The gentleman qualifies.
        The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Volkmer moves to reconsider the vote whereby House 
        Joint Resolution 399 was not passed. . . .

        Mr. [Gerald B. H.] SOLOMON [of New York]. Mr. Speaker, I move 
    that motion, that House Joint Resolution 399 be laid upon the 
    table.
        The SPEAKER pro tempore. The Chair will state that is not in 
    order. It is not the right motion. The joint resolution itself 
    cannot be laid on the table, the previous question having been 
    ordered yesterday.
        The question is on the motion to reconsider offered by the 
    gentleman from Missouri (Mr. Volkmer).
        As many as are in favor of the motion will say aye.
        Mr. SOLOMON. Mr. Speaker, I move to lay the motion on the 
    table.
        The SPEAKER pro tempore. The Chair will state that he has put 
    the question on the motion offered by the gentleman from Missouri 
    and the question is being taken.
        The motion offered by the gentleman from New York (Mr. Solomon) 
    to lay on the table has come too late.
        The question is on the motion to reconsider offered by the 
    gentleman from Missouri (Mr. Volkmer).
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.

                                 recorded vote

        Mr. [John J.] RHODES [of Arizona]. Mr. Speaker, I demand a 
    recorded vote.

[[Page 805]]

        A recorded vote was ordered.
        The vote was taken by electronic device, and there were--ayes 
    214, noes 196, not voting 24, as follows:

                              [Roll No. 490] . . .

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

                         motion offered by mr. grassley

        Mr. [Charles E.] GRASSLEY [of Iowa]. Mr. Speaker, I offer a 
    motion.
        The SPEAKER pro tempore. The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Grassley moves to reconsider the vote whereby House 
        Joint Resolution 399 was read a third time and engrossed.

        The SPEAKER pro tempore. The question is on the motion offered 
    by the gentleman from Iowa (Mr. Grassley).
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. GRASSLEY. Mr. Speaker, I demand a recorded vote.
        A recorded vote was refused.
        So the motion was rejected.
        The SPEAKER pro tempore. The question is on the passage of the 
    joint resolution.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.

                   preferential motion offered by mr. bethune

        Mr. [Ed] BETHUNE [of Arkansas]. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER pro tempore. The motion to adjourn offered by the 
    gentleman from Arkansas (Mr. Bethune) is preferential and in order.
        The question is on the preferential motion offered by the 
    gentleman from Arkansas (Mr. Bethune).
        The preferential motion was rejected.
        The SPEAKER pro tempore. The pending question is on the passage 
    of the joint resolution.
        As many as are in favor will signify by saying ``aye''; as many 
    as are opposed will signify by saying ``no.''
        In the opinion of the Chair, the ayes have it, and the joint 
    resolution is passed.

                                 recorded vote

        Mr. [Kenneth B.] KRAMER [of Colorado]. Mr. Speaker, I demand a 
    recorded vote.
        The SPEAKER pro tempore. A recorded vote is demanded.
        Mr. [George E.] DANIELSON [of California]. Mr. Speaker, I make 
    a point of order.
        The SPEAKER pro tempore. The demand for a recorded vote is in 
    order.
        So many as are in favor will stand and remain standing until 
    counted.
        Forty-seven Members have arisen. A recorded vote is ordered.

                             parliamentary inquiry

        Mr. [Mario] BIAGGI [of New York]. Mr. Speaker, I have a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. BIAGGI. Mr. Speaker, we had a voice vote on the previous 
    question,

[[Page 806]]

    and then we had intervening business, a motion to adjourn. This is 
    not in order.
        The SPEAKER pro tempore. The question on the passage was never 
    disposed of.
        Forty-seven Members have arisen, a sufficient number. A 
    recorded vote is ordered.
        As many as are in favor of the resolution will vote ``aye''; as 
    many as are opposed will vote ``no.''
        The vote was taken by electronic device, and there were--ayes 
    196, noes 212, not voting 26, as follows:

                              [Roll No. 491] . . .

        So the joint resolution was rejected.
        The result of the vote was announced as above recorded.

    Parliamentarian's Note: In light of this precedent, the question 
becomes whether the motion to adjourn is in order pending 
reconsideration after an initial vote on final passage where instead 
the previous question has been ordered by adoption of a special order 
governing consideration of the pending measure to final passage without 
intervening motion (except one motion to recommit) and not by the 
ordinary motion for the previous question. It has been held that the 
motion to adjourn is not in order during consideration of a bill where 
by special order ``the previous question shall be considered as ordered 
. . . and final passage of the bill; and then, without intervening 
motion, the vote shall be taken upon the third reading thereof, and 
upon the final passage of the bill, and, should a motion to reconsider 
be made, upon a motion to lay the latter motion on the 
table.''(3) Similarly, the motion to adjourn was held out of 
order pending the question of reconsideration of the vote on third 
reading, under a special rule ordering the previous question on the 
bill ``to its passage whereupon, without intervening motion, votes 
shall be taken on said bill until the same shall have been fully 
disposed of.''(4) These examples address the denial of 
intervening motions, including motions to adjourn not only ``to'' but 
``through'' final disposition of the motion to reconsider. A measure is 
not considered ``finally'' disposed of until the motion to reconsider 
is disposed of.(5) While clause 3 of Rule XIX specifically 
gives the motion to adjourn precedence over the entry of a motion to 
reconsider under the general rules of the House,(6) an 
interpretation of a typical contemporary supervening special order as 
reversing this priority and foreclosing the motion to adjourn

[[Page 807]]

until final passage has been finally voted, rather than merely reached, 
would be appropriate and not governed by the 1979 ruling, consistent 
with the Hinds' Precedents cited above and the proper meaning of 
``final passage'' without intervening motion. Only where a record vote 
on a motion to reconsider is postponed pursuant to clause 8 of Rule 
XX(7) may the motion to adjourn then be entertained (since 
the business of passage of the bill would no longer be 
pending).(8)
---------------------------------------------------------------------------
 3. 4 Hinds' Precedents Sec. 3212.
 4. Id. at Sec. 3213.
 5. See Ch. 23 Sec. 33, infra.
 6. House Rules and Manual Sec. 1003 (2007).
 7. Id. at Sec. 1030.
 8. See Sec. 6.5, infra, for discussion of clause 6(c) of Rule XX 
        (House Rules and Manual Sec. 1025 [2007]) on a motion to 
        adjourn pending the result of a yea and nay vote.
---------------------------------------------------------------------------

Sec. 3.13 A motion to adjourn has the highest privilege in the House, 
    regardless of the lack of Senate action on a collateral matter.

    On Friday, July 30, 1971,(1) a Member inquired whether a 
motion to adjourn would be in order, given the parliamentary situation 
at that time.
---------------------------------------------------------------------------
 1. 117 Cong. Rec. 28332, 28333, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

                             PARLIAMENTARY INQUIRY

        Mr. [John] CONYERS [Jr., of Michigan]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. (2) The gentleman from Michigan (Mr. 
    Conyers) will state his parliamentary inquiry.
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        Mr. CONYERS. Mr. Speaker, in view of the fact that the Senate 
    has put the Lockheed matter over until Monday, would a motion to 
    adjourn be in order?
        The SPEAKER. The Chair will state that of course a motion to 
    adjourn is always in order, and the relevance of side or collateral 
    issues is unimportant.
        Mr. CONYERS. I thank the Speaker.

Sec. 3.14 Only one motion to adjourn is admissible during consideration 
    of a motion to suspend the rules.(1)
---------------------------------------------------------------------------
 1. Rule XV clause 1(b), House Rules and Manual Sec. 890 (2007).
---------------------------------------------------------------------------

    On July 21, 1947,(2) the following took place in the 
House after a motion to suspend the rules was moved and seconded:
---------------------------------------------------------------------------
 2. 93 Cong. Rec. 9523, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

                               motion to adjourn

        Mr. [Tom] PICKETT [of Texas]. Mr. Speaker, I move that the 
    House do now adjourn.
        The question was taken; and on a division (demanded by Mr. 
    Pickett) there were--ayes 42, noes 261.
        Mr. PICKETT. Mr. Speaker, I ask for tellers.
        Tellers were ordered, and the Chair appointed as tellers Mr. 
    Gamble and Mr. Pickett.
        The House again divided; and the tellers reported that there 
    were--ayes, 51, noes 149.

[[Page 808]]

        Mr. PICKETT. Mr. Speaker, on that, I demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 85, nays 299, not 
    voting 46, as follows:

                                 [Roll No. 126]

    Subsequently, during debate on the motion to suspend the rules, a 
second motion to adjourn was made:(3)
---------------------------------------------------------------------------
 3. Id. at p. 9529.
---------------------------------------------------------------------------

        Mr. [Thomas J.] MURRAY of Tennessee. Mr. Speaker, I move that 
    the House do now adjourn.
        The SPEAKER. (4) That motion is not in order. Under 
    the precedents, a motion to adjourn is not in order until the final 
    vote upon the motion to suspend the rules and pass the bill.
---------------------------------------------------------------------------
 4. Joseph W. Martin, Jr. (MA).
---------------------------------------------------------------------------

When Another Member Has the Floor

Sec. 3.15 While the motion to adjourn is of highest privilege under 
    clause 4 of Rule XVI,(1) it may not be made while 
    another Member has the floor in debate.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    On Mar. 25, 1993,(2) the following proceedings occurred 
on the floor of the House:
---------------------------------------------------------------------------
 2. 139 Cong. Rec. 6372, 6373, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

                              LEGISLATIVE PROGRAM

        (Mr. Michel asked and was given permission to address the House 
    for 1 minute.)
        Mr. [Robert H.] MICHEL [of Illinois]. Mr. Speaker, I ask for 
    this extended moment to inquire of the distinguished majority 
    leader the program for the next week.
        Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, will the 
    gentleman yield?
        Mr. MICHEL. I am happy to yield to the gentleman from Missouri.
        Mr. GEPHARDT. Mr. Speaker, I thank the gentleman for yielding. 
    . . .
        Mr. [Robert K.] DORNAN [of California]. . . .
        What are we doing here? What is this ugliness and rudeness? 
    This is the worst session I have ever seen ever and where is the 
    Speaker, for God's sake? He disappeared a week ago.
        The SPEAKER pro tempore (Mr. Lewis of Georgia).(3) 
    The Chair would advise the gentleman from California, the Speaker 
    is in the chair.
---------------------------------------------------------------------------
 3. John R. Lewis (GA).
---------------------------------------------------------------------------

        Mr. GEPHARDT. Mr. Speaker, will the gentleman yield?
        Mr. MICHEL. I yield to the gentleman from Missouri.
        Mr. GEPHARDT. Mr. Speaker, I simply want to say to the minority 
    leader that as he knows, we have had a number of conversations that 
    are continuing. We are trading proposals and ideas for how to 
    reasonably deal with special orders that would be an appropriate 
    way for all the Members and that Members could agree to.
        We will continue to work as hard and as quickly on that as we 
    can and try to bring back to the membership a set of ideas that we 
    hope can gain support.

[[Page 809]]

                                  -------------------REQUEST FOR MOTION 
                                   TO ADJOURN

        Mr. [Gene] TAYLOR [of Mississippi]. Mr. Speaker, there being no 
    further legislative business before this body, I move that we 
    adjourn.
        The SPEAKER pro tempore. The gentleman from Illinois [Mr. 
    Michel] has the floor.

Sec. 3.16 A motion to adjourn, while privileged, cannot be entertained 
    while another Member holds the floor but may be offered as soon as 
    the floor is yielded.

    On June 6, 1968,(1) shortly after the House convened at 
noon, Mr. Richard L. Ottinger, of New York, attempted to call up a 
motion to adjourn which he had placed at the desk. However, the 
Minority Leader, Gerald R. Ford, of Michigan, had just been granted the 
floor by unanimous consent for one minute.
---------------------------------------------------------------------------
 1. 114 Cong. Rec. 16225, 16226, 90th Cong. 2d Sess. See also 112 Cong. 
        Rec. 27727, 89th Cong. 2d Sess., Oct. 19, 1966.
---------------------------------------------------------------------------

                              LEGISLATIVE PROGRAM

        Mr. Gerald R. FORD. Mr. Speaker, I ask unanimous consent to 
    proceed for 1 minute for the purpose of asking the distinguished 
    majority leader the program for today.
        The SPEAKER.(2) Without objection, it is so ordered.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        There was no objection.
        Mr. OTTINGER. Mr. Speaker, I have a privileged motion at the 
    desk.
        The SPEAKER. The Chair will state that the gentleman from 
    Michigan [Mr. Gerald R. Ford] has the floor at the present time and 
    has been recognized.

    When Mr. Ford's time was up, Mr. Ottinger again offered his 
privileged motion, which was rejected.(3)
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 16225, 90th Cong. 2d Sess., June 6, 1968.
---------------------------------------------------------------------------

              PRIVILEGED MOTION TO ADJOURN OFFERED BY MR. OTTINGER

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

            Mr. Ottinger moves that the House do now adjourn.

        The question was taken, and the Speaker announced that the noes 
    appeared to have it.
        Mr. [Benjamin S.] ROSENTHAL [of New York]. Mr. Speaker--
        The SPEAKER. The Chair recognizes the gentleman from New York 
    [Mr. Ottinger].
        Mr. OTTINGER. I object to the vote on the ground that a quorum 
    is not present.
        The SPEAKER. The Chair will protect the gentleman who is making 
    the motion.
        Mr. OTTINGER. 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.

[[Page 810]]

        The SPEAKER. The gentleman from New York [Mr. Ottinger] objects 
    to the vote on the ground that a quorum is not present and makes 
    the point of order that a quorum is not present. Evidently a quorum 
    is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.
        The question was taken; and there were--yeas 70, nays 301, not 
    voting 62. . . .
        So the motion was rejected.

    Parliamentarian's Note: Mr. Ottinger, who offered the motion to 
adjourn shortly after the House convened, had urged the Speaker to 
agree to the early adjournment of the House as a tribute to the late 
Senator Robert F. Kennedy, who had died in the early hours of that 
morning from bullet wounds inflicted in Los Angeles, California, the 
previous evening.
    The Speaker pointed out to Mr. Ottinger that the Senate was 
planning to conduct business prior to its adjournment and that 
precedents of the House indicated that it was customary to proceed with 
business on such occasions. Mr. Ottinger had nonetheless remained most 
anxious to offer the motion and so was recognized.

Sec. 3.17 A motion to adjourn is not in order while another Member 
    holds the floor unless the Member with the floor yields for such 
    motion.

    On Oct. 18, 1945,(1) a Member yielded to another Member, 
who then moved for adjournment.
---------------------------------------------------------------------------
 1. 91 Cong. Rec. 9814, 79th Cong. 1st Sess. See also 109 Cong. Rec. 
        10152, 88th Cong. 1st Sess., June 4, 1963.
---------------------------------------------------------------------------

        Mr. [John Edward] SHERIDAN [of Pennsylvania]. Mr. Speaker, will 
    the gentleman yield?
        Mr. [Edward E.] COX [of Georgia]. I yield to the gentleman from 
    Pennsylvania.
        Mr. SHERIDAN. Mr. Speaker, I move that the House do now 
    adjourn.
        The SPEAKER.(2) Does the gentleman from Georgia 
    yield for that purpose?
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. COX. Mr. Speaker, I do not yield for that purpose, and the 
    gentleman should not have taken advantage of the courtesy I 
    extended to him.

During Parliamentary Inquiries

Sec. 3.18 The motion to adjourn is not in order when offered during 
    time yielded for a parliamentary inquiry.

    On June 3, 1964,(1) a Member who had the floor for 
debate and who yielded for a parliamentary inquiry could not then be 
deprived of the floor by a motion to adjourn:
---------------------------------------------------------------------------
 1. 110 Cong. Rec. 12522, 88th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Alphonzo] BELL [of California]. Mr. Speaker, it is my 
    feeling that the

[[Page 811]]

    Job Corps proposal does not provide the specialized instruction to 
    meet this need.
        Such retraining must be carried out where the facilities, the 
    equipment, and the trained personnel are available.
        Mr. [Paul C.] JONES of Missouri. Mr. Speaker, a parliamentary 
    inquiry.
        The SPEAKER pro tempore.(2) Does the gentleman yield 
    for a parliamentary inquiry?
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        Mr. BELL. Mr. Speaker, I yield.
        Mr. JONES of Missouri. Mr. Speaker, is a motion to adjourn now 
    in order?
        The SPEAKER pro tempore. If the gentleman yields for that 
    purpose.
        Mr. JONES of Missouri. This is a parliamentary inquiry. I tried 
    to propound a parliamentary inquiry a minute ago, but I could not 
    get any response.
        Mr. Speaker, I move that the House do now adjourn.
        The SPEAKER pro tempore. The gentleman's motion is out of 
    order.
        Mr. JONES of Missouri. It is out of order?
        The SPEAKER pro tempore. Unless the gentleman yields for that 
    purpose.
        Mr. BELL. Mr. Speaker, I do not yield.

May Not Be Repeated in Absence of Intervening Business

Sec. 3.19 While the motion to adjourn has the highest privilege in the 
    House under clause 4 of Rule XVI,(1) it may not be 
    repeated in the absence of intervening business.
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    On July 31, 1975,(2) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 2. 121 Cong. Rec. 26243, 94th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Charles J.] GARNEY [of Ohio]. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER.(3) The gentleman from Ohio moves that 
    the House do now adjourn.
---------------------------------------------------------------------------
 3. Carl Albert (OK).
---------------------------------------------------------------------------

        Mr. [John J.] RHODES [of Arizona]. Mr. Speaker, on that I 
    demand the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 184, nays 195, 
    answered ``present'' 1, not voting 54, as follows:

                              [Roll No. 474] . . .

        So the motion was rejected.
        The Clerk announced the following pair:
        On this vote:

            Mr. O'Hara for, with Mr. Ruppe, against.

        Mr. [Philip E.] RUPPE [of Michigan]. Mr. Speaker, I have a live 
    pair with the gentleman from Michigan (Mr. O'Hara). If he were 
    present he would have voted ``yea.'' I voted ``nay.'' I withdraw my 
    vote and vote ``present.''
        The result of the vote was announced as above recorded.
        Mr. John L. BURTON [of California]. Mr. Speaker, I move that 
    the House do now adjourn.

[[Page 812]]

        The SPEAKER. The motion is not in order since we just had a 
    vote on a similar motion and there has been no intervening business 
    or debate.
        Mr. John L. BURTON. Mr. Speaker, I thought a motion to adjourn 
    is always in order.
        The SPEAKER. The Chair will take unanimous-consent requests.

Calls of the House

Sec. 3.20 A motion to adjourn is in order following a call of the 
    House, and it is not necessary that the Chair announce that a 
    quorum has failed to respond before entertaining the motion to 
    adjourn.

    On Oct. 14, 1969,(1) a quorum not being present, a 
motion to adjourn was made following a call of the House.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 30054, 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Gillespie V.] MONTGOMERY [of Mississippi]. Mr. Speaker, I 
    make the point of order that a quorum is not present.
        The SPEAKER.(2) Evidently a quorum is not present.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names:

                              [Roll No. 223] . . .

        Mr. [Donald M.] FRASER [of Minnesota]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. FRASER. I would like to ask, if I may, where the matter 
    stands now of the call of the House which was made by the majority 
    leader. As I understand it, there is not yet a quorum recorded at 
    the desk.
        The SPEAKER. The gentleman is correct.
        Mr. FRASER. Now, Mr. Speaker, what are the options open to the 
    House at this point?
        The SPEAKER. The Chair is patiently waiting to see. Regular 
    order is the establishment of a quorum. If a quorum is not 
    established, then a motion to adjourn would be in order.
        Mr. FRASER. Mr. Speaker, am I correct that if a quorum is not 
    established, there are only two choices open to the House--either a 
    motion to adjourn or a motion to instruct the Sergeant at Arms to 
    produce the missing Members?
        The SPEAKER. The gentleman is correct.
        Mr. FRASER. Mr. Speaker, so long as a quorum is not produced 
    and in the event the House should instruct the Sergeant at Arms, 
    would it be possible for the House to proceed, or would the House 
    have to stand in abeyance with no further proceedings?
        The SPEAKER. The Chair will state that the House cannot do 
    business without a quorum.
        Mr. FRASER. Mr. Speaker, a further parliamentary inquiry.

[[Page 813]]

        The SPEAKER. The gentleman will state it.
        Mr. FRASER. Mr. Speaker, in order to see if I have that point 
    clearly in mind, if there were an instruction to bring in absent 
    Members and it did not succeed during the period of time, during 
    that period of time the House could proceed with no other business; 
    is that correct?
        The SPEAKER. The House cannot proceed at all until a quorum is 
    established.
        Mr. [James H.] QUILLEN [of Tennessee]. Mr. Speaker--
        The SPEAKER. For what purpose does the gentleman from Tennessee 
    rise?
        Mr. QUILLEN. Mr. Speaker, due to the lack of a quorum, I move 
    that the House do now adjourn.
        Mr. [Sidney R.] YATES [of Illinois]. Mr. Speaker, on that I ask 
    for the yeas and nays.
        Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, a parliamentary 
    inquiry.
        The SPEAKER. The gentleman from Louisiana will state his 
    parliamentary inquiry.
        Mr. BOGGS. Mr. Speaker, does it require a quorum to adjourn?
        The SPEAKER. The Chair will state to the gentleman from 
    Louisiana that it does not require a quorum.

Sec. 3.21 A quorum not being present, no motion is in order but for a 
    call of the House or a motion to adjourn, and the motion to adjourn 
    takes precedence over a motion for a call of the House.

    On June 12, 1963,(1) when a motion for a call of the 
House and a motion to adjourn were both before the House, the Speaker 
announced that the question was on the motion to adjourn.
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 10739, 88th Cong. 1st Sess.
            Parliamentarian's Note: Following a point of order that a 
        quorum was not present and prior to the ascertainment thereof 
        by the Chair, a Member moved a call of the House. Another 
        Member immediately moved to adjourn. The Chair recognized the 
        latter and put the question on the higher privileged motion to 
        adjourn. On a division vote, the House refused to adjourn. In 
        response to a parliamentary inquiry, the Chair stated that the 
        point of order that a quorum was not present had not been 
        renewed after the House had refused to adjourn.
---------------------------------------------------------------------------

        Mr. [Frank. J.] BECKER [of New York]. Mr. Speaker, I make the 
    point of order a quorum is not present.
        Mr. [Donald C.] BRUCE [of Indiana]. Mr. Speaker, I move a call 
    of the House.
        Mr. [Wayne L.] HAYS [of Ohio]. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER pro tempore.(2) The question is on the 
    motion that the House do now adjourn.
---------------------------------------------------------------------------
 2. W. Homer Thornberry (TX).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Bruce) there were--ayes 23, noes 34.
        So the motion was rejected.

Sec. 3.22 A motion to adjourn in the absence of a quorum is

[[Page 814]]

    not entertained after a call of the House has been ordered by 
    motion.

    On June 4, 1963,(1) time allotted to two Members of the 
minority under previous order of the House was interrupted by seven 
quorum calls, seven division votes, a yea and nay vote, and various 
motions, including a motion to adjourn. The motion to adjourn was not 
entertained because the absence of a quorum had been noted and a quorum 
call had already been ordered.
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 10152, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [John Bell] WILLIAMS [of Mississippi]. Mr. Speaker, since 
    45 or 50 Members have left the floor, I make the point of order a 
    quorum is not present.
        The SPEAKER. (2) Evidently a quorum now is not 
    present.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I move a call of 
    the House.
        A call of the House was ordered.
        The SPEAKER. The Clerk will call the roll.
        Mr. WILLIAMS. Mr. Speaker, I move that the House do now 
    adjourn.
        The SPEAKER. The Chair will state that a call of the House has 
    been ordered.
        The Clerk will call the roll.

Sec. 3.23 A motion to adjourn is in order pending a point of order that 
    a quorum is not present, but is not entertained after the Clerk has 
    commenced to call the roll after a call of the House is ordered and 
    a Member has responded to his name.

    On June 3, 1960,(1) the following took place in the 
House with regard to the timing of a motion to adjourn:
---------------------------------------------------------------------------
 1. 106 Cong. Rec 11828, 11829, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

                               CALL OF THE HOUSE

        Mr. [Silvio O.] CONTE [of Massachusetts]. Mr. Speaker, I make 
    the point of order that a quorum is not present.
        The SPEAKER pro tempore (Mr. Albert).(2) Obviously a 
    quorum is not present.
---------------------------------------------------------------------------
 2. Carl Albert (OK).
---------------------------------------------------------------------------

        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move 
    a call of the House.
        A call of the House was ordered.
        Mr. [Clare E.] HOFFMAN of Michigan. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER pro tempore. The gentleman will state it.
        Mr. HOFFMAN of Michigan. Is a motion to adjourn in order?
        The SPEAKER pro tempore. Not now. The Chair will advise that a 
    call of the House has been ordered.
        Mr. HOFFMAN of Michigan. Can a member of the minority--
        The regular order was demanded.
        The SPEAKER pro tempore. The regular order is demanded. The 
    Clerk will call the roll.

[[Page 815]]

Sec. 3.24 The motion to adjourn takes precedence of a motion for a call 
    of the House.

    On Apr. 24, 1956,(1) a point of order was made that a 
quorum was not present and, prior to ascertainment thereof by the 
Chair, a Member moved a call of the House, and another Member 
immediately moved to adjourn; the Chair recognized the latter and put 
the question on the higher privileged motion to adjourn. The following 
took place in the House:
---------------------------------------------------------------------------
 1. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] HAYS of Ohio. Mr. Speaker, I move that the House 
    do now adjourn.
        The SPEAKER.(2) If the gentleman from Georgia 
    retains the floor, that motion is not in order.
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        Mr. [Carl] VINSON [of Georgia]. I retain it, Mr. Speaker. I am 
    just moving around to get a little exercise.
        The SPEAKER. Does the gentleman from Mississippi insist upon 
    his point of no quorum?
        Mr. [William M.] COLMER [of Mississippi]. Mr. Speaker, I insist 
    upon the point of no quorum.
        The SPEAKER. The Chair will count. Evidently there is no quorum 
    present.
        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move 
    a call of the House.
        Mr. HAYS of Ohio. Mr. Speaker, I move that the House do now 
    adjourn.
        The SPEAKER. The motion to adjourn is a privileged motion. The 
    question is on the motion.
        The motion was rejected.
        The SPEAKER. The question is on the motion offered by the 
    gentleman from Massachusetts.
        A call of the House was ordered.

Sec. 3.25 A motion to adjourn is in order pending a point of order that 
    a quorum is not present.

    On Aug. 24, 1949,(1) after a point of order was made 
that a quorum was not in attendance, but before any action had been 
taken on the point of order, a motion to adjourn was entertained, voted 
on, and agreed to:
---------------------------------------------------------------------------
 1. 95 Cong. Rec. 12191, 81st Cong. 1st Sess.
---------------------------------------------------------------------------

                                  adjournment

        Mr. [Frank B.] KEEFE [of Wisconsin]. Mr. Speaker, I make the 
    point of order that a quorum is not present.
        Mr. [J. Percy] PRIEST [of Tennessee]. Mr. Speaker, I move that 
    the House do now adjourn.
        The SPEAKER.(2) The question is on the motion.
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        The question was taken; and on a division (demanded by Mr. 
    Keefe) there were--ayes 49, noes 38.
        Mr. [Vito] MARCANTONIO [of New York]. Mr. Speaker, I demand the 
    yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 186, nays 132, not 
    voting 114, as follows:

[[Page 816]]

                              [Roll No. 197] . . .

        So the motion was agreed to.

Precedence Over Questions of Privilege

Sec. 3.26 A question of privilege is not entertained pending a vote on 
    a motion to adjourn.

    On Apr. 15, 1970,(1) a Member moved for adjournment, and 
while that motion was pending, another Member rose to a point of 
privilege.
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 11940, 11941, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Wayne L.] HAYS [of Ohio]. Mr. Speaker, I move that the 
    House do now adjourn.
        The SPEAKER pro tempore.(2) The question is on the 
    motion offered by the gentleman from Ohio.
---------------------------------------------------------------------------
 2. Charles M. Price (IL).
---------------------------------------------------------------------------

        The question was taken, and the Speaker pro tempore announced 
    that the noes appeared to have it.
        Mr. HAYS. 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.
        Mr. Justice Douglas has been on the Bench for a great many 
    years, and he can wait for one more night. I have not had my 
    dinner.
        The SPEAKER pro tempore. The Chair will count.
        Mr. HAYS. Mr. Speaker, I am willing to withhold my motion if 
    the gentleman wants to ask permission to insert his remarks, but 
    obviously all these speeches were written by the same author, and I 
    do not think we ought to have to sit here and listen to them.
        Mr. [William L.] SCOTT [of Virginia]. Mr. Speaker, if the 
    gentleman will yield, my remarks will not take more than 10 
    minutes.
        Mr. HAYS. I have been hearing that for a long time now.
        Mr. [Louis C.] WYMAN [of New Hampshire]. Mr. Speaker, I rise to 
    a point of special privilege.
        The SPEAKER pro tempore. There is a motion pending.
        Mr. HAYS. Mr. Speaker, I insist on the point of order.
        The SPEAKER pro tempore. The gentleman from Ohio insists on the 
    point of order.
        Evidently a quorum is not present.
        The Doorkeeper will close the doors, the Sergeant at Arms will 
    notify absent Members, and the Clerk will call the roll.

Beyond Constitutional Term

Sec. 3.27 A motion that when the House adjourns that day it stand 
    adjourned until a date beyond the constitutional term of that 
    Congress is not in order under art. I clause 4 of the Constitution, 
    and under clause 4 of Rule XVI.(1)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    On Apr. 18, 2002,(2) a motion that the House adjourn to 
a stated

[[Page 817]]

date nine years hence was ruled out of order:
---------------------------------------------------------------------------
 2. 148 Cong. Rec. 4969, 107th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Charles B.] RANGEL [of New York]. Mr. Speaker, I yield 2 
    1/2 minutes to the gentleman from Wisconsin (Mr. Kleczka), a member 
    of the Committee on Ways and Means.

                         request for motion to adjourn

        Mr. [Gerald D.] KLECZKA [of Wisconsin]. Mr. Speaker, I move 
    that the House, upon conclusion of today's business, adjourn until 
    noon, January 1, 2011.
        The SPEAKER pro tempore.(3) That motion is not in 
    order at this time.
---------------------------------------------------------------------------
 3. Michael K. Simpson (ID).
---------------------------------------------------------------------------

        Mr. KLECZKA. Well, Mr. Speaker, if it was in order, it would 
    give some rationale to the bill before the House.

By Chair's Initiative

Sec. 3.28 The Speaker pro tempore, the only Member present in the 
    Chamber: (1) convened the House; (2) led the House in the pledge of 
    allegiance; and (3) adjourned the House (by unanimous consent sua 
    sponte).

    On Feb. 3, 2000,(1) the following proceedings took place 
in the House:
---------------------------------------------------------------------------
 1. 146 Cong. Rec. 596, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

        The House met at 10 a.m. and was called to order by the Speaker 
    pro tempore (Mr. Ryan of Wisconsin). . . 
    .                          -------------------

                              PLEDGE OF ALLEGIANCE

        The SPEAKER pro tempore.(2) The Chair will lead the 
    House in the Pledge of Allegiance. . . .
---------------------------------------------------------------------------
 2. Paul Ryan (WI).                          -------------------
---------------------------------------------------------------------------

                                  ADJOURNMENT

        The SPEAKER pro tempore. Without objection, the House stands 
    adjourned until 2 p.m. on Monday next.
        There was no objection.
        Accordingly (at 10 o'clock and 2 minutes a.m.), under its 
    previous order, the House adjourned until Monday, February 7, 2000, 
    at 2 p.m.

    Parliamentarian's Note: This form of unanimous consent is now 
common practice on ``pro forma days'' when no special orders or one-
minute speeches are scheduled.(3)
---------------------------------------------------------------------------
 3. This was the first instance of this kind in the 106th Congress. For 
        similar instances see 144 Cong. Rec. 4297, 4298, 105th Cong. 2d 
        Sess., Mar. 23, 1998; 144 Cong. Rec. 2847, 2848, 105th Cong. 2d 
        Sess., Mar. 9, 1998; 143 Cong. Rec. 19614, 105th Cong. 1st 
        Sess., Sept. 22, 1997; 143 Cong. Rec. 11732, 105th Cong. 1st 
        Sess., June 21, 1997; 143 Cong. Rec. 10344, 105th Cong. 1st 
        Sess., June 7, 1997; 143 Cong. Rec. 9648, 9649, 105th Cong. 1st 
        Sess., May 30, 1997; 143 Cong. Rec. 9646, 105th Cong. 1st 
        Sess., May 27, 1997; 142 Cong. Rec. 2763, 2764, 104th Cong. 2d 
        Sess., Feb. 16, 1996; and 141 Cong. Rec. 28740, 28774, 104th 
        Cong. 1st Sess., Oct. 20, 1995.

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

[[Page 818]]

Sec. 3.29 The Speaker has adjourned the House overnight on his own 
    initiative by unanimous consent.

    On Dec. 11, 1944,(1) the following transpired in the 
House:
---------------------------------------------------------------------------
 1. 90 Cong. Rec. 9209, 78th Cong. 2d Sess.
---------------------------------------------------------------------------

        The SPEAKER.(2) Without objection, the House will 
    stand adjourned until 12 o'clock noon tomorrow.
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        There was no objection; thereupon (at 5 o'clock and 44 minutes 
    p.m.) the House adjourned until tomorrow, Tuesday, December 12, 
    1944, at 12 o'clock noon.

By Minority Member

Sec. 3.30 The Speaker pro tempore having attempted by unanimous consent 
    to adjourn the House at the end of special-order speeches and there 
    being an objection, the objecting minority member on the floor was 
    then recognized to move adjournment--there being no majority member 
    on the floor at that time.(1)
---------------------------------------------------------------------------
 1. This was customarily the prerogative for recognition through the 
        98th Congress.
            Parliamentarian's Note: While no longer the current 
        practice, in 1984 the Parliamentarian could not recall a recent 
        example of a minority Member moving adjournment at the end of 
        special-order speeches on a day, nor could he recall the Chair 
        adjourning the House by unanimous consent.
---------------------------------------------------------------------------

    On May 23, 1984,(2) the following events occurred on the 
floor of the House:
---------------------------------------------------------------------------
 2. 130 Cong. Rec. 13960, 98th Cong. 2d Sess.
---------------------------------------------------------------------------

                                  ADJOURNMENT

        The SPEAKER pro tempore.(3) Without objection, the 
    House stands adjourned.
---------------------------------------------------------------------------
 3. Sander M. Levin (MI).
---------------------------------------------------------------------------

        Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker, I 
    object.
        The SPEAKER pro tempore. Does the gentleman from Pennsylvania 
    (Mr. Walker) have a motion?
        Mr. WALKER. Mr. Speaker, I have always wanted to do this.
        The SPEAKER pro tempore. The Chair is going to recognize the 
    gentleman from Pennsylvania (Mr. Walker).
        Mr. WALKER. Mr. Speaker, I move that the House do now adjourn.
        The motion was agreed to; accordingly (at 11 o'clock and 37 
    minutes p.m.) the House adjourned until tomorrow, Thursday, May 24, 
    1984, at 10 a.m.

Withdrawal of Motion

Sec. 3.31 A motion to adjourn may be withdrawn by the mover thereof, 
    and unanimous consent for that action is not required.

    On Oct. 14, 1969,(1) when a Member asked unanimous 
consent

[[Page 819]]

to withdraw his motion to adjourn, two Members objected. The Speaker 
ruled unanimous consent unnecessary and allowed the Member to withdraw 
his motion.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Sidney R.] YATES [of Illinois]. Mr. Speaker, a 
    parliamentary inquiry.
        The SPEAKER.(2) The gentleman will state it.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        Mr. YATES. Is there not a motion to adjourn pending upon which 
    I have asked for the yeas and nays?
        The SPEAKER. The gentleman's inquiry is correct.
        Mr. [James H.] QUILLEN [of Tennessee]. Mr. Speaker, I ask 
    unanimous consent to withdraw my motion to adjourn.
        Mr. YATES. Mr. Speaker, I object.
        Mr. [William S.] MOORHEAD [of Pennsylvania]. Mr. Speaker, I 
    object.
        The SPEAKER. The Chair will state that it does not require 
    unanimous consent to withdraw the gentleman's motion.
        Mr. QUILLEN. Mr. Speaker, I withdraw my motion and I yield to 
    the majority leader.

Sec. 3.32 Where a Member moves to adjourn and then withdraws the 
    motion, the Member loses the floor, and the Speaker may then 
    recognize another Member of the House to renew the motion.

    On Oct. 14, 1969,(1) a Member withdrawing his motion to 
adjourn stated his intention to yield to the Majority Leader. The 
Speaker advised the Member that on withdrawing his motion to adjourn he 
would lose the floor.
---------------------------------------------------------------------------
 1. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [James H.] QUILLEN [of Tennessee]. Mr. Speaker, I withdraw 
    my motion [to adjourn] and I yield to the majority leader.
        The SPEAKER.(2) The Chair will state the gentleman 
    from Tennessee does not have that privilege. The Chair has the 
    privilege of recognition when the gentleman has withdrawn his 
    motion. The Chair recognizes the gentleman from Oklahoma.
---------------------------------------------------------------------------
 2. John W. McCormack (MA).
---------------------------------------------------------------------------

        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I would prefer 
    not to make this motion at this time, but in view of the 
    parliamentary situation, I move that the House do now adjourn.
        Mr. [Sidney R.] YATES [of Illinois]. Mr. Speaker, on that I 
    demand the yeas and nays.

In Memory

Sec. 3.33 In at least one instance, a Member has offered a motion to 
    adjourn ``in memory of'' a deceased Member without the House having 
    adopted a resolution so marking the day's adjournment.

    On Oct. 28, 1997,(1) the House adjourned in memory of 
Rep. Walter H. Capps, of California, who had died earlier that day:
---------------------------------------------------------------------------
 1. 143 Cong. Rec. 23557, 105th Cong. 1st Sess. For additional 
        information on adjourning out of respect for deceased Members, 
        see Ch. 38 infra.

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

[[Page 820]]

                                  ADJOURNMENT

        Mr. [Vic] FAZIO of California. Mr. Speaker, it is with great 
    regret that I move that the House do now adjourn in memory of the 
    late Honorable Walter H. Capps, our dear departed colleague.
        The motion was agreed to; accordingly (at 9 o'clock and 12 
    minutes p.m.), the House adjourned until tomorrow, Wednesday, 
    October 29, 1997, at 10 a.m., in memory of the late Honorable 
    Walter H. Capps of California.