[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[A. Generally; Adjournments of Three Days or Less]
[Â§ 5. Debate on Motion; Amendments]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 820-824]
 
                               CHAPTER 40
 
                              Adjournment
 
            A. Generally; Adjournments of Three Days or Less
 
Sec. 5. Debate on Motion; Amendments

    Because debate on the simple motion to adjourn or on the motion to 
fix the day to which the House shall adjourn is precluded by clause 
4(b) and clause 4(c) of Rule XVI,(1) a prefatory statement 
leading up to the motion is not in order as debate on the motion and is 
not carried in the Congressional Record.(2)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
 2. See Sec. 5.1, infra.
---------------------------------------------------------------------------

    The motion to lay on the table the motion to adjourn is not in 
order since under clause 4 of Rule XVI, the motion to adjourn is not 
debatable.(3)
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. 911 (2007). See also Sec. 5.2, infra.

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

[[Page 821]]

    The motion to adjourn is not subject to amendment fixing the time 
of adjournment.(4)
---------------------------------------------------------------------------
 4. See Sec. 5.3, infra.                          -------------------
---------------------------------------------------------------------------

Sec. 5.1 Pursuant to clause 4 of Rule XVI, the motion to adjourn is not 
    debatable.(1)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    On Feb. 13, 2002,(2) the following proceedings took 
place:
---------------------------------------------------------------------------
 2. 148 Cong. Rec. 1291, 107th Cong. 1st Sess.
---------------------------------------------------------------------------

                               MOTION TO ADJOURN

        Mr. [John] LEWIS [of Georgia]. Mr. Speaker, I move that the 
    House do now adjourn.

                             parliamentary inquiry

        Mr. [Mark] FOLEY [of Florida]. Mr. Speaker, if this is the most 
    important bill to be sent to the floor by discharge petition by the 
    minority, then why is it they call for adjournment on the day of 
    the bill's presentation on the floor?
        The SPEAKER pro tempore (Mr. Culberson).(3) The 
    gentleman from Florida is recognized for a proper parliamentary 
    inquiry. The gentleman will state his inquiry.
---------------------------------------------------------------------------
 3. John Abney Culberson (TX).
---------------------------------------------------------------------------

        Mr. FOLEY. Mr. Speaker, does the bill, as presented under the 
    rule, comply with the dictates of the discharge petition, or are we 
    operating under a substitute version?
        The SPEAKER pro tempore. The House is operating under the terms 
    of House Resolution 344.
        A motion to adjourn has been offered, and it is not debatable. 
    The question is on the motion offered by the gentleman from Georgia 
    (Mr. Lewis).
        The question was taken; and the Speaker pro tempore announced 
    that the noes appeared to have it.

                                 recorded vote

        Mr. LEWIS of Georgia. Mr. Speaker, I demand a recorded vote.
        A recorded vote was ordered.
        The vote was taken by electronic device, and there were--ayes 
    13, noes 405, not voting 16, as follows:

                              [Roll No. 18] . . .

        So the motion to adjourn was rejected.

Sec. 5.2 A motion under clause 4(c) of Rule XVI that when the House 
    adjourns it stand adjourned to a time certain is not debatable, and 
    thus is not subject to the motion to lay on the 
    table.(1)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------

    On Nov. 17, 1981,(2) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 2. 127 Cong. Rec. 27768-71, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

                            (FIRST LEGISLATIVE DAY)

        The House met at 12 o'clock noon and was called to order by the 
    Speaker pro tempore (Mr. Wright). . . .

[[Page 822]]

                                   -------------------PRIVATE CALENDAR

        The SPEAKER pro tempore (Mr. Murtha).(3) This is 
    Private Calendar day. The Clerk will call the first individual bill 
    on the Private Calendar. . . .
---------------------------------------------------------------------------
 3. John P. Murtha, Jr. (PA).
---------------------------------------------------------------------------

        A motion to reconsider was laid on the table.
        Mr. [Edward P.] BOLAND [of Massachusetts]. Mr. Speaker, I ask 
    unanimous consent that further reading of the Private Calendar be 
    dispensed with.
        Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker, I 
    object.
        The SPEAKER pro tempore. Objection is heard.
        Mr. BOLAND. Mr. Speaker, I move further reading of the Private 
    Calendar be dispensed 
    with.                          -------------------

                                 POINT OF ORDER

        Mr. [F. James] SENSENBRENNER [Jr., of Wisconsin]. Mr. Speaker, 
    I make a point of order against the motion.
        The SPEAKER pro tempore. The gentleman will state his point of 
    order.
        Mr. SENSENBRENNER. Mr. Speaker, clause 6 of rule XXIV, the 
    second paragraph says that--

            On the third Tuesday of each month after the disposal of 
        such business on the Speaker's table as requires reference 
        only, the Speaker may direct the Clerk to call the bills and 
        resolutions on the Private Calendar.

        There is a precedent that the Private Calendar may be dispensed 
    with, but that was only before the first bill was called on the 
    Private Calendar.
        I would state that since the first bill has been called on the 
    Private Calendar, in order to comply with clause 6 of rule XXIV, 
    the complete Private Calendar must be called unless dispensed with 
    by unanimous consent. The unanimous-consent request has been 
    objected to.
        I believe that the point of order should be sustained and the 
    motion should be ruled out of order.
        The SPEAKER pro tempore. The Chair will note that under clause 
    6, rule XXIV on the first Tuesday of each month, a two-thirds vote 
    is required to dispense with the call of Private Calendar, that 
    call being automatic. The Speaker's authority to direct the call is 
    discretionary on the third Tuesday, and so the rule is silent on 
    the motion to dispense with the call, and consistent with that 
    discretionary authority and absent any precedent to the contrary, 
    the point of order should be overruled.
        Mr. SENSENBRENNER. Mr. Speaker, I appeal the decision of the 
    Chair.
        Mr. [Thomas S.] FOLEY [of Washington]. Mr. Speaker?
        The SPEAKER pro tempore. The gentleman from Washington.
        Mr. FOLEY. Mr. Speaker, I move that the motion to appeal the 
    Chair's decision be laid on the table.
        The SPEAKER pro tempore. The question is on the motion to lay 
    the appeal from the Chair's decision on the table.
        The question was taken; and on a division (demanded by Mr. 
    Sensenbrenner) there were--yeas 75, nays 37.

[[Page 823]]

        Mr. SENSENBRENNER. Mr. Speaker, I object to the vote on the 
    grounds that a quorum is not present and make the point of order 
    that a quorum is not present.
        Mr. FOLEY. Mr. Speaker, I have a privileged motion at the desk.
        The SPEAKER pro tempore. The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Foley moves that when the House adjourns today it 
        adjourn to meet at 4 p.m. today.

        Mr. WALKER. Mr. Speaker, I move to table the motion.
        The SPEAKER pro tempore. Under the last sentence of clause 4, 
    rule XVI, that motion to adjourn is not debatable and therefore 
    cannot be laid on the table.
        The question is on the motion.

                                {time}  1245

        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 
    191, nays 172, not voting 70, as follows:

                              [Roll No. 306] . . .

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

         {time}  1300                          -------------------

                                  ADJOURNMENT

        Mr. FOLEY. Mr. Speaker, I move that the House do now adjourn.
        The SPEAKER pro tempore. The question is on the motion offered 
    by the gentleman from Washington (Mr. Foley).
        The question was taken, and the Speaker pro tempore announced 
    that the ayes 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 
    188, nays 172, not voting 73, as follows:

                              [Roll No. 307] . . .

        So the motion was agreed to.
        Accordingly (at 1 o'clock and 19 minutes p.m.) the House 
    adjourned until 4 o'clock p.m.

    Parliamentarian's Note: This was the first occasion on which the 
motion under clause 4 of Rule XVI was utilized to adjourn to a later 
time on the same calendar day, although its use for that purpose has 
been previously discussed. The only other occasions where the House 
held more than one legislative session on the same legislative day 
which appear to be a matter of record occurred in the Second and Fourth 
Congresses.(4)
---------------------------------------------------------------------------
 4. See 5 Hinds' Precedents Sec. 6724, fn. 1.
---------------------------------------------------------------------------

Sec. 5.3 A motion to fix the time to adjourn is not a permissible 
    motion and thus does not take precedence over the simple motion to 
    adjourn, and a simple motion to adjourn is not subject to

[[Page 824]]

    amendment fixing the time of adjournment.

    On Feb. 15, 1950,(1) a Member inquired whether it would 
be in order to amend a simple motion to adjourn.
---------------------------------------------------------------------------
 1. 96 Cong. Rec. 1808, 81st Cong. 2d 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 of Michigan. Does a motion to fix time to adjourn 
    take precedence over a motion to adjourn?
        The SPEAKER. It does not.
        Mr. HOFFMAN of Michigan. A further parliamentary inquiry, Mr. 
    Speaker: Is it in order to offer to a motion to adjourn, an 
    amendment seeking to fix the time of adjournment?
        The SPEAKER. It is not.

    Parliamentarian's Note: The motion to set the day and time of 
reconvening is of equal privilege, at the Speaker's discretion, to the 
simple motion to adjourn under clause 4(c) of Rule XVI,(3) 
but is to be distinguished from a motion to ``fix the time of 
adjournment'' which is not in order.(4)
---------------------------------------------------------------------------
 3. House Rules and Manual Sec. 911 (2007).
 4. Id. at Sec. 913.
---------------------------------------------------------------------------