[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[B. Adjournments for More Than Three Days to Date Certain]
[Â§ 13. Conditional Adjournments; Recall]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 877-895]
 
                               CHAPTER 40
 
                              Adjournment
 
        B. Adjournments for More Than Three Days to Date Certain
 
Sec. 13. Conditional Adjournments; Recall

    On occasion, a concurrent resolution (or a Senate amendment to a 
concurrent resolution) providing for adjournment to a date certain 
included a condition that a designated legislative action first be 
completed before a motion to adjourn pursuant to the resolution could 
be offered.(1) Inclusion of such a condition does not 
destroy the privilege of the resolution (or of the Senate amendment). 
Such a condition, when included in the original text of the resolution 
(or Senate amendment), is to be distinguished from an amendment offered 
from the floor to a concurrent resolution which does not have such a 
contingency, where the amendment proposes to render the adjournment 
authority provided in the resolution contingent upon completion of a 
legislative action. In such a case, the proposed amendment would be 
subject to a point of order as not being germane to the pending 
concurrent resolution.(2)
---------------------------------------------------------------------------
 1. See Sec. 10.9, supra.
 2. See Sec. 11.2, supra.
---------------------------------------------------------------------------

    The two Houses have adjourned to a date certain, with a provision 
that they may be reassembled earlier by the joint leadership (the 
Speaker and Majority Leader of

[[Page 878]]

the Senate, acting jointly, upon consultation with the two Minority 
Leaders), subject to a stated standard for the decision to reassemble 
early. The standards used for such a decision to reassemble early have 
included ``if legislative expedience so requires'' and ``wherever the 
public interest shall warrant it.''(3) The two Houses have 
adjourned to a date certain with a provision that the House be subject 
to recall by the Speaker. A concurrent resolution may provide that the 
Senate shall adjourn to a date certain after it has disposed of a 
certain bill.(4) Such recall authority may allow the 
respective designees of the Senate Majority Leader and the Speaker to 
reassemble.
---------------------------------------------------------------------------
 3. See, e.g., Sec. 13.1, infra.
 4. See Sec. 10.9, supra.
---------------------------------------------------------------------------

    In the 78th and 79th Congresses, the two Houses adopted concurrent 
resolutions adjourning to dates certain for ``summer recesses'' with 
leadership recall provisions permitting either the Speaker and 
President of the Senate acting jointly for legislative expediency, or 
the Majority Leaders of the two Houses, acting jointly, or the Minority 
Leaders of the two Houses, acting jointly, to request the consideration 
of legislation.(5) In the 79th Congress, the form was varied 
to provide for alternative dates of Senate adjournment during the 
months of August and September until the same date certain as the 
House.(6)
---------------------------------------------------------------------------
 5. See Sec. 13.4, infra.
 6. See Sec. 13.3, infra.
---------------------------------------------------------------------------

    In the 80th Congress, the form of the concurrent resolution was 
varied to eliminate the ability of the Minority Leaders of the two 
Houses, acting jointly, to reconvene the two Houses during a lengthy 
adjournment to a date certain (from the end of July to the day prior to 
the expiration of that session in January) authorizing only the 
presiding officers and the Majority Leaders, all acting jointly, to 
recall the two Houses where the public interest shall 
warrant.(7) In 1974, the two Houses, on one occasion again 
provided for minority leadership joint recall during an adjournment to 
a date certain.(8)
---------------------------------------------------------------------------
 7. See Sec. 13.2, infra.
 8. See Sec. 13.7, infra.
---------------------------------------------------------------------------

    On an occasion in 1947, the House was required to amend the Senate 
concurrent resolution since it had assumed an adjournment on the 
calendar day of July 26, 1947, and the two Houses had remained in 
session beyond midnight.(9) The modern form of concurrent 
resolutions provides for adjournments on the ``legislative

[[Page 879]]

day of '' a specified date, in order to account for this possibility 
and avoid the necessity for an amendment.(10)
---------------------------------------------------------------------------
 9. See Sec. 13.2, infra.
10. See Sec. 13.6, infra.
---------------------------------------------------------------------------

    The 1947 precedent was the first use of leadership recall language 
wherein the two Houses had shifted political majorities to the party 
opposite that of the President, and the ability of the President's 
minority party leadership to accomplish a joint recall contained in 
resolutions of the previous two Congresses was eliminated. Thus, 
President Truman, desiring to recall the two Houses on Nov. 17, 1947, 
did so by Presidential Proclamation issued Oct. 23, 1947, pursuant to 
Article I of the Constitution. The session was considered a 
continuation of the first session of the 80th Congress, rather than an 
extra special session, because the two Houses had adjourned to a date 
certain of Jan. 2, 1948, rather than sine die. This is in contrast with 
the reconvening of the Congress by proclamation of President Franklin 
D. Roosevelt on Sept. 13, 1939, in ``extra session'', where the Houses 
had previously adjourned sine die until the next regular session in 
Jan. 1940.
    From the 81st Congress until the 91st Congress, leadership recall 
provisions were not included in concurrent resolutions of adjournment, 
either to a date certain or sine die. Then on July 20, 
1970,(11) the House and Senate for the first time adopted an 
``August recess'' concurrent resolution authorizing the Speaker to 
recall the House if legislative expedience so warranted. That single 
House recall authority was not again contained in a concurrent 
resolution of adjournment until 1998, when the two Houses adjourned 
sine die on Oct. 20, 1998,(12) but also provided for 
alternative joint leadership recall authority of the two Houses by the 
two majority leaderships or for a House-only recall by the Speaker in 
the event the public interest warranted it. That recall authority, of a 
``lame duck'' session of the House, was exercised by Speaker Newt 
Gingrich, of Georgia, to reassemble the House on Dec. 17, 
1998,(13) to consider four Articles of Impeachment of 
President William J. Clinton that had been reported by the Committee on 
the Judiciary.(14)
---------------------------------------------------------------------------
11. See Sec. 13.1, infra.
12. See Sec. 15.3, infra.
13. See Sec. 15.2, infra.
14. See Sec. 15, infra, for discussion of recall provisions included in 
        sine die adjournment concurrent resolutions.
---------------------------------------------------------------------------

    Joint leadership recall authority was not exercised pursuant to 
authority provided in a concurrent

[[Page 880]]

resolution of adjournment until the 109th Congress, when such authority 
was used twice during the first session. The first instance was on Mar. 
20, 2005, when the House was recalled during an adjournment to a date 
certain (the Senate having remained in session).(15) The 
second instance was on Sept. 2, 2005, during the annual ``August 
recess'', when the two Houses were reconvened (on consecutive days), to 
consider emergency appropriations legislation for disaster relief 
arising from Hurricane Katrina on Aug. 29, 2005.(16)
---------------------------------------------------------------------------
15. See Sec. 13.11, infra.
16. See Sec. 13.12, infra.                          -------------------
---------------------------------------------------------------------------

Sec. 13.1 A concurrent resolution, providing for an adjournment of the 
    House to a date certain or to such earlier date as the House is 
    reassembled by the Speaker, is called up as privileged.

    On July 20, 1970,(1) the following privileged concurrent 
resolution was called up by the Majority Leader:
---------------------------------------------------------------------------
 1. 116 Cong. Rec. 24978, 91st Cong. 2d Sess.
---------------------------------------------------------------------------

        PROVIDING FOR ADJOURNMENT FROM FRIDAY, AUGUST 14, TO WEDNESDAY, 
                                  SEPTEMBER 9

        Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I offer a 
    privileged concurrent resolution (H. Con. Res. 689) and ask for its 
    immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 689

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on Friday, August 14, 
        1970, it shall stand adjourned until 12 o'clock on Wednesday, 
        September 9, 1970, or until 12 o'clock meridian on the third 
        day after Members are notified to reassemble pursuant to 
        provisions of section 2 of this concurrent resolution, 
        whichever occurs first.
            Sec. 2. At any time during this adjournment of the House, 
        whenever the Speaker of the House determines that legislative 
        expediency so warrants, he shall notify the Members of the 
        House to reassemble.

        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

    Parliamentarian's Note: The House subsequently, on Aug. 10, 
1970,(2) agreed to a Senate amendment to that concurrent 
resolution providing for a shorter adjournment of the Senate to a date 
certain and leaving unamended the House-only recall authority. This is 
the first instance of Speaker House-only recall authority.
---------------------------------------------------------------------------
 2. Id. at p. 28037.
---------------------------------------------------------------------------

Sec. 13.2 The House amended a Senate concurrent resolution to provide 
    that the two

[[Page 881]]

    Houses adjourn from the calendar day of Sunday, July 27, 1947, 
    until Jan. 2, 1948, and providing authority for the joint majority 
    leadership to reassemble the two Houses if legislative expediency 
    shall so warrant it.

    On July 26, 1947,(1) the following Senate concurrent 
resolution was laid before the House:
---------------------------------------------------------------------------
 1. 93 Cong. Rec. 10521, 80th Cong. 1st Sess. See also 94 Cong. Rec. 
        10247, 80th Cong. 2d Sess., Aug. 7, 1948 (H. Con. Res. 222), 
        and 94 Cong. Rec. 9348, 80th Cong. 2d Sess., June 19, 1948 (H. 
        Con. Res. 218).
---------------------------------------------------------------------------

                             adjournment resolution

        The SPEAKER.(2) The Chair lays before the House a 
    Senate concurrent resolution (S. Con. Res. 33), which the Clerk 
    will report.
---------------------------------------------------------------------------
 2. Joseph W. Martin, Jr. (MA).
---------------------------------------------------------------------------

        The Clerk read as follows:

            Resolved by the Senate (the House of Representatives 
        concurring), That when the two Houses adjourn on Saturday, July 
        26, 1947, they shall stand adjourned until 12 o'clock meridian 
        on Friday, January 2, 1948, or until 12 o'clock meridian on the 
        third day after the respective Members are notified to 
        reassemble in accordance with section 2 of this resolution, 
        whichever event first occurs.
            Sec. 2. The President pro tempore of the Senate, the 
        Speaker of the House of Representatives, the majority leader of 
        the Senate, and the majority leader of the House of 
        Representatives, all acting jointly, shall notify the Members 
        of the Senate and the House respectively, to reassemble 
        whenever, in their opinion, the public interest shall warrant 
        it.

        The resolution was agreed to.
        A motion to reconsider was laid on the table. . . .

                             adjournment resolution

        Mr. [Charles A.] HALLECK [of Indiana]. Mr. Speaker, I ask 
    unanimous consent to vacate the proceedings by which the House 
    concurred in Senate Concurrent Resolution 33.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Indiana?
        There was no objection.
        Mr. HALLECK. Mr. Speaker, I offer an amendment to Senate 
    Concurrent Resolution 33 and ask for its immediate consideration.
        The Clerk read as follows:

            Amendment offered by Mr. Halleck: On page 1 of the 
        amendment strike out ``Saturday, July 26, 1947'' and insert 
        ``Sunday, July 27, 1947.''

        The amendment was agreed to.
        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

    Parliamentarian's Note: The need for this amendment changing the 
calendar day is obviated in modern practice by using ``legislative 
days,'' rather than calendar days, in the original resolution, thereby 
allowing the House to recess or otherwise remain in session beyond 
midnight while still remaining in the same legislative day.

[[Page 882]]

Sec. 13.3 The House agreed to a concurrent resolution providing that 
    the House adjourn from July 21, 1945, to Oct. 8, 1945, giving 
    consent to the Senate to adjourn during the month of August or 
    September until that same date, and making provision for the 
    reassembling of the two Houses upon joint recall from majority or 
    minority leaders if legislative expediency shall so warrant it.

    On July 18, 1945,(1) the Majority Leader offered the 
following concurrent resolution:
---------------------------------------------------------------------------
 1. 91 Cong. Rec. 7733, 7734, 79th Cong. 1st Sess. See also 90 Cong. 
        Rec. 8108, 8109, 78th Cong. 2d Sess., Sept. 21, 1944 (S. Con. 
        Res. 54).
---------------------------------------------------------------------------

                 adjourment of the house until october 8, 1945

        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I 
    offer a privileged resolution (H. Con. Res. 68) and ask for its 
    immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on Saturday, July 21, 
        1945, it stand adjourned until 12 o'clock meridian on Monday, 
        October 8, 1945, or until 12 o'clock meridian on the third day 
        after Members are notified to reassemble in accordance with 
        section 3 of this concurrent resolution, whichever occurs 
        first.
            Sec. 2. That the consent of the House of Representatives is 
        hereby given to an adjournment of the Senate at any time during 
        the month of August or September, 1945, until 12 o'clock 
        meridian on Monday, October 8, 1945, or until 12 o'clock 
        meridian on the third day after Members are notified to 
        reassemble in accordance with section 3 of this concurrent 
        resolution, whichever occurs first.
            Sec. 3. The President pro tempore of the Senate and the 
        Speaker of the House of Representatives shall notify the 
        Members of the Senate and the House, respectively, to 
        reassemble whenever in their opinion legislative expediency 
        shall warrant it or whenever the majority leader of the Senate 
        and the majority leader of the House, acting jointly, or the 
        minority leader of the Senate and the minority leader of the 
        House, acting jointly, file a written request with the 
        Secretary of the Senate and the Clerk of the House that the 
        Congress reassemble for the consideration of legislation. . . .

        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 13.4 The House agreed to a Senate concurrent resolution providing 
    for adjournment of the two Houses from July 8, 1943, to Sept. 14, 
    1943, or until a time when Members were notified to reassemble in 
    accordance with a process set out therein for presiding officers or 
    majority or minority party leaders acting jointly to recall them if 
    legislative expediency so warranted.

[[Page 883]]

    On July 8, 1943,(1) the following Senate concurrent 
resolution was called up by unanimous consent in the House:
---------------------------------------------------------------------------
 1. 89 Cong. Rec. 7516, 78th Cong. 1st Sess. See also 90 Cong. Rec. 
        6667, 78th Cong. 2d Sess., June 23, 1944.
---------------------------------------------------------------------------

                             adjournment resolution

        Mr. [Robert] RAMSPECK [of Georgia]. Mr. Speaker, I call up 
    Senate Concurrent Resolution 17.
        The Clerk read as follows:

            Resolved by the Senate (the House of Representatives 
        concurring), That when the two Houses adjourn on Thursday, July 
        8, 1943, they shall stand adjourned until 12 o'clock meridian 
        on Tuesday, September 14, 1943, or until 12 o'clock meridian on 
        the third day after their respective Members are notified to 
        reassemble in accordance with section 2 of this resolution, 
        whichever event first occurs.
            Sec. 2. The President of the Senate and the Speaker of the 
        House of Representatives shall notify the Members of the Senate 
        and the House, respectively, to reassemble whenever in their 
        opinion legislative expediency shall warrant it or whenever the 
        majority leader of the Senate and the majority leader of the 
        House, acting jointly, or the minority leader of the Senate and 
        the minority leader of the House, acting jointly, file a 
        written request with the Secretary of the Senate and the Clerk 
        of the House that the Congress reassemble for the consideration 
        of legislation.

        Mr. RAMSPECK. Mr. Speaker, I move the previous question on the 
    resolution.
        Mr. [John E.] RANKIN [of Mississippi]. Mr. Speaker, I offer an 
    amendment.
        The SPEAKER.(2) The question is on ordering the 
    previous question.
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        The previous question was ordered.
        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table. . . .

    Parliamentarian's Note: Because the motion for the previous 
question took precedence over an amendment, Rep. Rankin was unable to 
offer an amendment and was relegated to a subsequent 
explanation(3) of his intent, as follows:
---------------------------------------------------------------------------
 3. 89 Cong. Rec. 7516, 78th Cong. 1st Sess., July 8, 1943.
---------------------------------------------------------------------------

        Mr. RAMSPECK. Mr. Speaker, I ask unanimous consent that 
    notwithstanding the adjournment of the House until September 14, 
    1943, the Clerk of the House be authorized to receive messages from 
    the Senate.
        Mr. RANKIN. Reserving the right to object, Mr. Speaker, I wish 
    to explain to the House that the amendment which I proposed to 
    offer a moment ago provided for striking out the words ``September 
    14'' in the adjournment resolution and inserting the date of 
    ``August 10.'' In my opinion, Congress is making a serious mistake 
    in adjourning for 2 months in view of the critical conditions now 
    facing the country.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Georgia?
        There was no objection.

[[Page 884]]

Recall Authority

Sec. 13.5 The House concurred in a Senate concurrent resolution 
    (rendered nonprivileged by Sec. 309 of the Budget Act for 
    noncompletion of House action on 13 regular general appropriation 
    bills but considered pursuant to a special order from the Committee 
    on Rules) providing for adjournment (or recess) for more than three 
    days (1) of the House, from a specific legislative day in July to a 
    date certain in September, and (2) of the Senate, from alternate 
    departure dates to a date certain, each subject to joint leadership 
    recall by the Speaker and the Majority Leader or their designees 
    whom the Speaker then named.(1)
---------------------------------------------------------------------------
 1. See also Sec. 15.12, infra.
---------------------------------------------------------------------------

    On July 26, 2002,(2) the Speaker pro tempore laid before 
the House the following Senate concurrent resolution:
---------------------------------------------------------------------------
 2. 148 Cong. Rec. 15138, 15139, 107th Cong. 2d Sess.
---------------------------------------------------------------------------

         PROVIDING FOR CONDITIONAL RECESS OR ADJOURNMENT OF THE SENATE 
                          AND ADJOURNMENT OF THE HOUSE

        The SPEAKER pro tempore (Mr. Simpson).(3) Pursuant 
    to section 2 of House Resolution 461, the Chair lays before the 
    House the following Senate concurrent resolution:
---------------------------------------------------------------------------
 3. Michael K. Simpson (ID).
---------------------------------------------------------------------------

        The Clerk read the Senate concurrent resolution, as follows:

                                S. Con. Res. 132

            Resolved by the Senate (the House of Representatives 
        concurring), That, in consonance with section 132(a) of the 
        Legislative Reorganization Act of 1946, when the Senate 
        recesses or adjourns at the close of business on Thursday, 
        August 1, 2002, Friday, August 2, 2002, or Saturday, August 3, 
        2002, on a motion offered pursuant to this concurrent 
        resolution by its Majority Leader or his designee, it stand 
        recessed or adjourned until 12:00 noon on Tuesday, September 3, 
        2002, or until such other time on that day as may be specified 
        by its Majority Leader or his designee in the motion to recess 
        or adjourn, or until Members are notified to reassemble 
        pursuant to section 2 of this concurrent resolution, whichever 
        occurs first; and that when the House adjourns on the 
        legislative day of Friday, July 26, 2002, on a motion offered 
        by its Majority Leader or his designee pursuant to this 
        concurrent resolution, it stand adjourned until 2:00 p.m. on 
        Wednesday, September 4, 2002, or until Members are notified to 
        reassemble pursuant to section 2 of this concurrent resolution, 
        whichever occurs first.
            Sec. 2. The Majority Leader of the Senate and the Speaker 
        of the House, or their respective designees, acting jointly 
        after consultation with the Minority Leader of the Senate and 
        the Minority Leader of the House, shall notify the Members of 
        the Senate and House, respectively, to reassemble at such place 
        and time as they may designate whenever, in their opinion, the 
        public interest shall warrant it.

        The Senate concurrent resolution was concurred in.

[[Page 885]]

        A motion to reconsider was laid on the 
    table.                          -------------------

                                RECALL DESIGNEE

        The SPEAKER pro tempore laid before the House the following 
    communication from the Speaker of the House of Representatives:

                                                   Washington, DC,

                                                    July 27, 2002.

        Pursuant to section 2 of Senate Concurrent Resolution 132, I 
    hereby designate Representative Richard K. Armey of Texas to act 
    jointly with the Majority Leader of the Senate or his designee, in 
    the event of my death or inability, to notify the Members of the 
    House and the Senate, respectively, of any reassembly under that 
    concurrent resolution. In the event of the death or inability of my 
    designee, the alternate Members of the House listed in the letter 
    bearing this date that I have placed with the Clerk are designated, 
    in turn, for the same purpose.

                                                J. Dennis Hastert,

                          Speaker of the House of Representatives.

    Parliamentarian's Note: Because the Senate concurrent resolution 
provided for an adjournment in July, it was in violation of Sec. 309 of 
the Congressional Budget Act of 1974 and hence was not privileged for 
consideration in the House. It did not require the yeas and nays since 
consideration was in an even-numbered year. On June 27, 
2002,(4) the House adopted House Resolution 461, a special 
order reported from the Committee on Rules, providing as follows:
---------------------------------------------------------------------------
 4. 148 Cong. Rec. 11754, 107th Cong. 2d Sess.
---------------------------------------------------------------------------

            Sec. 2. That upon the adoption of this resolution it shall 
        be in order, any rule of the House to the contrary 
        notwithstanding, to consider concurrent resolutions providing 
        for adjournment of the House and Senate during the month of 
        July.

    The special order was necessary to waive points of order against 
Senate Concurrent Resolution 132 as in violation of Sec. 309 of the 
Budget Act.

Sec. 13.6 In October 2001, after the ``9/11'' terrorist attacks, the 
    ``recall'' language in a concurrent resolution of adjournment 
    included for the first time a ``place'' element (in addition to the 
    customary ``time'' element) to authorize, during adjournment to a 
    date certain, a joint recall to another place (other than the seat 
    of Government) consistent with clause 4 of Sec. 5 of Article I of 
    the Constitution.

    On Oct. 17, 2001,(1) the following privileged concurrent 
resolution was offered by the Majority Leader:
---------------------------------------------------------------------------
 1. 147 Cong. Rec. 20210, 20211, 107th Cong. 1st Sess.

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

[[Page 886]]

    PROVIDING FOR ADJOURNMENT OF THE HOUSE FROM WEDNESDAY, OCTOBER 17, 
     2001, TO TUESDAY, OCTOBER 23, 2001, AND FOR CONDITIONAL RECESS OR 
      ADJOURNMENT OF THE SENATE FROM WEDNESDAY, OCTOBER 17, 2001, OR 
          THURSDAY, OCTOBER 18, 2001, TO TUESDAY, OCTOBER 23, 2001

        Mr. [Richard K.] ARMEY [of Texas]. Mr. Speaker, I offer a 
    privileged concurrent resolution (H. Con. Res. 251) and ask for its 
    immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 251

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on the legislative 
        day of Wednesday, October 17, 2001, it stand adjourned until 
        12:30 p.m on Tuesday, October 23, 2001, for morning hour 
        debate, or until Members are notified to reassemble pursuant to 
        section 2 of this concurrent resolution, whichever occurs 
        first; and that when the Senate recesses or adjourns at the 
        close of business on Wednesday, October 17, 2001, or Thursday, 
        October 18, 2001, on a motion offered pursuant to this 
        concurrent resolution by its Majority Leader or his designee, 
        it stand recessed or adjourned until 10 a.m. on Tuesday, 
        October 23, 2001, or at such other time on that day as may be 
        specified by its Majority Leader or his designee in the motion 
        to recess or adjourn, or until Members are notified to 
        reassemble pursuant to section 2 of this concurrent resolution, 
        whichever occurs first.
            Sec. 2. The Speaker of the House and the Majority Leader of 
        the Senate, acting jointly after consultation with the Minority 
        Leader of the House and the Minority Leader of the Senate, 
        shall notify the Members of the House and the Senate, 
        respectively, to reassembly at such place and time as they may 
        designate whenever, in their opinion, the public interest shall 
        warrant it.

        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 13.7 The House concurred in Senate amendments to a House 
    concurrent resolution adding Senate adjournment dates and inserting 
    joint Presiding Officer or separate joint majority or minority 
    leadership recall authority.

    On Apr. 11, 1974,(1) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 1. 120 Cong. Rec. 10775, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

        PROVIDING FOR ADJOURNMENT OF THE CONGRESS FROM APRIL 11, 1974, 
                              UNTIL APRIL 22, 1974

        The SPEAKER laid before the House the concurrent resolution (H. 
    Con. Res. 475), providing for a conditional adjournment of the 
    House from April 11 until April 22, 1974, with the Senate 
    amendments thereto.
        The Clerk read the title of the concurrent resolution.
        The Clerk read the Senate amendments, as follows:

            Page 1, strike out line 2 and insert: ``when the two Houses 
        adjourn

[[Page 887]]

        on Thursday, April 11, 1974, they stand''.
            Page 1, line 4, strike out ``its Members'' and insert: 
        ``their respective Members''.
            Page 1, strike out lines 7 to 13, inclusive, and insert:
            ``Sec. 2. The Speaker of the House of Representatives and 
        the President pro tempore of the Senate shall notify the 
        Members of the House and Senate, respectively, to reassemble 
        whenever, in their opinion, the public interest shall warrant 
        it, or whenever the majority leader of the Senate, and the 
        majority leader of the House, acting jointly, or the minority 
        leader of the Senate and the minority leader of the House, 
        acting jointly, file a written request with the Secretary of 
        the Senate and the Clerk of the House that the Congress 
        reassemble for the consideration of legislation.''
            Amend the title so as to read: ``Concurrent resolution 
        providing for a conditional adjournment of the House and Senate 
        from April 11 until April 22, 1974.''

        The Senate amendments were concurred in.
        The concurrent resolution, as amended, was agreed to.
        A motion to reconsider was laid on the table.

    Parliamentarian's Note: The customary practice in preparing an 
adjournment resolution is for the leadership of the originating House, 
after consultation with the leadership of the other House, to include 
in the resolution alternative or joint adjournment and reconvening 
dates for both Houses so as to avoid the necessity for amendment by the 
second House. However, in the instance set forth above, the House 
originated the concurrent resolution with no Senate dates and without 
joint recall authority.

Theresa Schiavo

Sec. 13.8 The Senate reconvened on a date earlier than the date to 
    which it had adjourned, such reconvening being ordered under 
    authority previously provided the joint Senate leadership in a 
    Senate resolution of the previous Congress which remained in place 
    as a standing order of the Senate.

    Parliamentarian's Note: In March 2005, during the 109th Congress, 
as the time for the beginning of the scheduled two-week Easter recess 
neared, the two Houses became embroiled in events surrounding legal 
challenges to the removal of life support from a woman in Florida named 
Theresa Marie Schiavo.
    Each of the two Houses had adjourned on Thursday, Mar. 17, to meet 
on Monday, Mar. 21. The adjournment of the House to Monday, Mar. 21, 
was conditional: if it sooner received a message transmitting the 
Senate's adoption of a concurrent resolution of adjournment originated 
by the House on that Thursday, then it would have

[[Page 888]]

stood adjourned pursuant to that concurrent resolution. However, the 
Senate had adjourned without having adopted the adjournment resolution 
originated by the House.
    As Ms. Schiavo's chances for survival decreased daily, pressure 
built on both Houses to reconvene over the weekend to consider 
legislation relating to her circumstances.
    During the previous year, the Senate had adopted a resolution (S. 
Res. 296 of the 108th Congress) authorizing its Majority and Minority 
Leaders, acting jointly, to ``modify any order for the time or place of 
the convening of the Senate'' when ``such action is warranted by 
intervening circumstances.'' (This resolution was adopted by the Senate 
without advance notice to or consultation with the House, resulting in 
concern by the House leadership that the Senate might use the authority 
provided in the Senate resolution to vary the duration of a Senate 
adjournment of more than three days to which the House had given its 
consent through adoption of a concurrent resolution. The Senate 
resolution also concerned the House leadership because it required the 
``concurrence'' of the two Senate leaders rather than mere 
consultation, thereby tending to raise the standard for bipartisan 
action in such matters.) In the March 2005 instance, the Senate was not 
adjourned for more than three days or pursuant to an adjournment 
resolution. So, its prospective use of Senate Resolution 296 related 
only to an over-the-weekend adjournment.
    Senate Resolution 296 provided that body with very flexible 
authority to vary its reconvening from an adjournment overnight or over 
a weekend. The House has such authority only in the case of an imminent 
impairment at the place of convening (see Rule I clause 12(c), House 
Rules and Manual Sec. 639 [2007]). The Senate leadership used that 
authority to reconvene the Senate on Saturday, Mar. 19, in order to 
adopt the adjournment resolution (H. Con. Res. 103)(1) that, 
in turn, would put the House in adjournment pursuant to that concurrent 
resolution upon receipt by the House Clerk of the formal notification 
of that Senate action. Once the House stood adjourned pursuant to that 
concurrent resolution, the recall authority provided in Sec. 2 thereof 
was available to provide for reassembly of the House on Sunday, Mar. 
20.
---------------------------------------------------------------------------
 1. See 151 Cong. Rec. 5143, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

    On Mar. 17, 2005,(2) the following proceedings occurred 
in the Senate:
---------------------------------------------------------------------------
 2. Id. at pp. 5391, 5392.

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

[[Page 889]]

                       ORDERS FOR MONDAY, MARCH 21, 2005

        Mr. [William H.] FRIST [of Tennessee]. Mr. President, I ask 
    unanimous consent that when the Senate completes its business 
    today, it adjourn until 4 p.m. on Monday, March 21; I further ask 
    that following the prayer and the pledge, the morning hour be 
    deemed to have expired, the Journal of the proceedings be approved 
    to date, the time for the two leaders be reserved, and the Senate 
    begin a period of morning business, with Senators permitted to 
    speak therein for up to 10 minutes each.
        The PRESIDING OFFICER.(3) Without objection, it is 
    so ordered. . . .
---------------------------------------------------------------------------
 3. John E. Sununu (NH).                          -------------------
---------------------------------------------------------------------------

             ADJOURNMENT UNTIL MONDAY, MARCH 21, 2005 AT 4 P.M.

        Mr. FRIST. Mr. President, if there is no further business to 
    come before the Senate, I ask unanimous consent that the Senate 
    stand in adjournment under the previous order.
        There being no objection, the Senate, at 11:48 p.m., adjourned 
    until Monday, March 21, 2005, at 4 p.m.

    On Mar. 19, 2005,(4) the following occurred in the 
Senate:
---------------------------------------------------------------------------
 4. 151 Cong. Rec. 5444, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

                           THERESA MARIE SCHIAVO

        Mr. FRIST. Mr. President, the Congress has been working nonstop 
    over the last 3 days to do its part to uphold human dignity and 
    affirm the culture of life. I am pleased to announce that the House 
    and Senate Republican leadership have reached an agreement on a 
    legislative solution. The Senate has come in today to pass an 
    adjournment resolution which we will send shortly to the House of 
    Representatives. Procedurally, this action will have the effect of 
    bringing the House into session so they can either pass compromise 
    legislation by unanimous consent on Sunday or place this 
    legislation on the suspension calendar for consideration early 
    Monday morning. The Senate will be prepared to reconvene as soon as 
    the House passes this new legislation.
        It has been more than 24 hours since Terri Schiavo's feeding 
    tube was removed. Under the legislation we will soon consider, 
    Terri Schiavo will have another chance. It is a simple bill, only 
    two pages long. It allows Terri's case to be heard in Federal 
    court. More specifically, it allows a Federal district judge to 
    consider a claim ``by or on behalf of Theresa Marie Schiavo for the 
    alleged violation of any right of Theresa Marie Schiavo under the 
    Constitution or laws of the United States relating to the 
    withholding or withdrawal of food, fluids, or medical treatment 
    necessary to sustain her life.''
        I am pleased with our progress thus far, and I am committed as 
    leader to see this legislation pass and give Terri Schiavo one last 
    chance at life.

Sec. 13.9 The Senate agreed to a House concurrent resolution of 
    adjournment, thereby enabling the recall authority provided in 
    Sec. 2 of that resolution.

    Parliamentarian's Note: The House adopted House Concurrent

[[Page 890]]

Resolution 103 on Thursday, Mar. 17, 2005, but could not use its recall 
provision until such time as it actually stood adjourned pursuant to 
that concurrent resolution(1) which depended on its receipt 
of a message from the Senate announcing the Senate's concurrence 
therein. A new adjournment resolution (S. Con. Res. 23) was adopted 
Mar. 20, 2005, to provide for an Easter recess after the reassembly 
under House Concurrent Resolution 103.
---------------------------------------------------------------------------
 1. For the notice provided to reassemble the House for impeachment 
        proceedings against President Clinton, see Sec. 15.3, infra. 
        For the reassembly of both Houses during an August recess for 
        consideration of legislation relating to Hurricane Katrina, see 
        Sec. 13.12, infra.
---------------------------------------------------------------------------

    On Mar. 19, 2005,(2) the following occurred in the 
Senate:
---------------------------------------------------------------------------
 2. 151 Cong. Rec. 5444, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

         ADJOURNMENT OF THE SENATE AND THE HOUSE OF REPRESENTATIVES

        Mr. [William H.] FRIST [of Tennessee]. Mr. President, I ask 
    unanimous consent that the Senate proceed to the adjournment 
    resolution (H. Con. Res. 103) which is at the desk, provided that 
    the resolution be agreed to and the motion to reconsider be laid 
    upon the table.
        The ACTING PRESIDENT pro tempore.(3) Without 
    objection, it is so ordered.
---------------------------------------------------------------------------
 3. Richard J. Santorum (PA).
---------------------------------------------------------------------------

        The resolution was agreed to, as follows:

                                H. Con. Res. 103

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on the legislative 
        day of Thursday, March 17, 2005, Friday, March 18, 2005, or 
        Saturday, March 19, 2005, on a motion offered pursuant to this 
        concurrent resolution by its Majority Leader or his designee, 
        it stand adjourned until 2 p.m. on Tuesday, April 5, 2005, or 
        until the time of any reassembly pursuant to section 2 of this 
        concurrent resolution, whichever occurs first; and that when 
        the Senate recesses or adjourns on any day from Thursday, March 
        17, 2005, through Saturday, March 26, 2005, on a motion offered 
        pursuant to this concurrent resolution by its Majority Leader 
        or his designee, it stand recessed or adjourned until noon on 
        Monday, April 4, 2005, or at such other time on that day as may 
        be specified by its Majority Leader or his designee in the 
        motion to recess or adjourn, or until the time of any 
        reassembly pursuant to section 2 of this concurrent resolution, 
        whichever occurs first.
            Sec. 2. The Speaker of the House and the Majority Leader of 
        the Senate, or their respective designees, acting jointly after 
        consultation with the Minority Leader of the House and the 
        Minority Leader of the Senate, shall notify the Members of the 
        House and the Senate, respectively, to reassemble at such place 
        and time as they may designate whenever, in their opinion, the 
        public interest shall warrant it.

        Mr. FRIST. Mr. President, I want to be clear about what we just 
    agreed to.
        Today we will not be adjourning under the authority provided by 
    the resolution that we just considered. This adjournment resolution 
    will now

[[Page 891]]

    allow the House to be called into session to consider legislative 
    matters. At the close of business today, we will adjourn until 
    Sunday. Once we are able to complete our work as it relates to 
    Theresa Marie Schiavo, we are prepared to clear a new adjournment 
    resolution so that we may begin the Easter recess.

Sec. 13.10 The Senate fixed the time to which it would adjourn as 2 
    p.m. on the following day (Sunday) and adjourned under that order 
    (rather than under the concurrent resolution of adjournment just 
    adopted).

    On Mar. 19, 2005,(1) the following proceedings occurred:
---------------------------------------------------------------------------
 1. 151 Cong. Rec. 5445, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

                       ORDERS FOR SUNDAY, MARCH 20, 2005

        Mr. [William H.] FRIST [of Tennessee]. Mr. President, I ask 
    unanimous consent that when the Senate completes its business 
    today, the Senate adjourn until 2 p.m. on Sunday, March 20. I 
    further ask that following the prayer and pledge, the morning hour 
    be deemed expired, the Journal of proceedings be approved to date, 
    the time of the two leaders be reserved, and the Senate then begin 
    a period of morning business with Senators permitted to speak for 
    up to 10 minutes each.
        The ACTING PRESIDENT pro tempore.(2) Without 
    objection, it is so ordered.
---------------------------------------------------------------------------
 2. Richard J. Santorum 
        (PA).                          -------------------
---------------------------------------------------------------------------

                                    PROGRAM

        Mr. FRIST. Mr. President, tomorrow the Senate will convene for 
    a short period of morning business. There will be no rollcall votes 
    tomorrow. It appears that we have achieved compromise language with 
    the House with respect to the Schiavo situation. It is my hope that 
    the House will act on this language and send it to us early 
    tomorrow afternoon, and I will have more to say on that 
    tomorrow.                          -------------------

                     ADJOURNMENT UNTIL 2 P.M. TOMORROW

        Mr. FRIST. Mr. President, if there is no further business to 
    come before the Senate, I ask unanimous consent that the Senate 
    stand in adjournment under the previous order.
        There being no objection, the Senate, at 6:22 p.m., adjourned 
    until Sunday, March 20, 2005, at 2 p.m.

Sec. 13.11 Privileged concurrent resolution providing for adjournment 
    (or recess) of each House for more than three days from separate, 
    alternate dates of departure to separate dates certain, subject to 
    joint leadership recall.

    Parliamentarian's Note: In the 109th Congress, first session, the 
first ``Easter recess'' adjournment resolution (H. Con. Res. 103), 
adopted by the House on Mar. 17, 2005, and by the Senate on Mar. 19, 
2005, was exhausted by reassembly thereunder on Mar. 20,

[[Page 892]]

2005. When the Senate originated Senate Concurrent Resolution 23, it 
included a multitude of get-away days for the House in case it was 
unable to pass S. 686, the measure the House was recalled to consider.
    On Sunday, Mar, 20, 2005,(1) two reports were filed from 
the Committee on Rules, as follows:
---------------------------------------------------------------------------
 1. 151 Cong. Rec. 5481, 5482, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

        REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE 
           XXIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS

        Mr. GINGREY, from the Committee on Rules, submitted a 
    privileged report (Rept. No. 109-27) on the resolution (H. Res. 
    181) waiving a requirement of clause 6(a) of rule XIII with respect 
    to consideration of certain resolutions reported from the Committee 
    on Rules, which was referred to the House Calendar and ordered to 
    be printed.                          -------------------

        REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF S. 686, FOR 
               THE RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO

        Mr. GINGREY, from the Committee on Rules, submitted a 
    privileged report (Rept. No. 109-28) on the resolution (H. Res. 
    182) providing for consideration of the Senate bill (S. 686) for 
    the relief of the parents of Theresa Marie Schiavo, which was 
    referred to the House Calendar and ordered to be 
    printed.                          -------------------

         PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE TWO 
                                     HOUSES

        The Speaker laid before the House the following privileged 
    Senate concurrent resolution (S. Con. Res. 23) providing for a 
    conditional adjournment or recess of the Senate, and a conditional 
    adjournment of the House of Representatives.
        The Clerk read the Senate concurrent resolution, as follows:

                                S. Con. Res. 23

            Resolved by the Senate (the House of Representatives 
        concurring), That when the Senate recesses or adjourns on any 
        day from Sunday, March 20, 2005, through Sunday, April 3, 2005, 
        on a motion offered pursuant to this concurrent resolution by 
        its Majority Leader or his designee, it stand recessed or 
        adjourned until noon on Monday, April 4, 2005, or until such 
        other time as may be specified by the Majority Leader or his 
        designee in the motion to recess or adjourn, or until the time 
        of any reassembly pursuant to section 2 of this concurrent 
        resolution, whichever occurs first; and that when the House 
        adjourns on any day from Sunday, March 20, 2005, through 
        Monday, April 4, 2005, on a motion offered pursuant to this 
        concurrent resolution by its Majority Leader or his designee, 
        it stand adjourned until 2 p.m. on Tuesday, April 5, 2005, or 
        until the time of any reassembly pursuant to section 2 of this 
        concurrent resolution, whichever occurs first.
            Sec. 2. The Majority Leader of the Senate and the Speaker 
        of the House, or their respective designees, acting jointly 
        after consultation with the Minority Leader of the Senate and 
        the Minority Leader of the House, shall notify the Members of 
        the Senate and House, respectively,

[[Page 893]]

        to reassemble at such place and time as they may designate 
        whenever, in their opinion, the public interest shall warrant 
        it.

        The SPEAKER.(2) Without objection, the concurrent 
    resolution is concurred in.
---------------------------------------------------------------------------
 2. J. Dennis Hastert (IL).
---------------------------------------------------------------------------

        There was no objection.
        A motion to reconsider was laid on the table. . . 
    .                          -------------------

                                ADJOURNMENT

        Mr. [Tom] DeLAY [of Texas]. Mr. Speaker, pursuant to Senate 
    Concurrent Resolution 23, 109th Congress, I move that the House do 
    now adjourn.
        The motion was agreed to.
        The SPEAKER. Pursuant to the provisions of Senate Concurrent 
    Resolution 23, 109th Congress, the House stands adjourned until 2 
    p.m. Tuesday, April 5, 2005.
        Thereupon (at 12 o'clock and 46 minutes a.m., Monday, March 21, 
    2005), pursuant to Senate Concurrent Resolution 23, 109th Congress, 
    the House adjourned until Tuesday, April 5, 2005, at 2 p.m.

Hurricane Katrina

Sec. 13.12 Pursuant to notice issued jointly by the Speaker and the 
    Senate Majority Leader under the recall authority conferred in a 
    concurrent resolution of adjournment, the House reassembled from 
    its adjournment pursuant to that concurrent resolution.

    Parliamentarian's Note: The Senate had reassembled on the previous 
day. As with the previous recall during the first session of the 109th 
Congress (see Sec. 13.9, supra), Members were given minimal notice of 
the reassembly. The bicameral leadership decided on Thursday, Sept. 1, 
2005, that both Houses would have to come back early from the summer 
recess to address disaster-relief legislation relating to Hurricane 
Katrina. The Senate reassembled at 10 p.m. that night, and the House at 
1 p.m. the next day, Friday, Sept. 2.
    Thus Members had official notice of (at most) 19 hours (compared to 
about 17 hours for the reassembly of Mar. 20, 2005, and about three 
days for the House-only recall for impeachment proceedings on Dec. 17, 
1998).
    The Senate and the House reassembled on different days. In 
subsequent resolutions the language used for recall authority in 
concurrent resolutions of adjournment was modified to provide explicit 
authority to reassemble on separate days, by alluding to reassembly of 
the two Houses ``at such place and respective time'' as the joint 
leadership may designate.

[[Page 894]]

    On Sept. 2, 2005,(1) the following occurred in the 
House:
---------------------------------------------------------------------------
 1. 151 Cong. Rec. 19424, 109th Cong. 1st Sess.
---------------------------------------------------------------------------

        Pursuant to section 2 of House Concurrent Resolution 225, 109th 
    Congress, the House met at 1 p.m. and was called to order by the 
    Speaker pro tempore (Mr. 
    DeLay).                          -------------------

                     DESIGNATION OF THE SPEAKER PRO TEMPORE

        The Speaker pro tempore laid before the House the following 
    communication from the Speaker:

                                                   Washington, DC,
                                                September 2, 2005.

            I hereby appoint the Honorable Tom Delay to act as Speaker 
        pro tempore on this day.

                                                J. Dennis Hastert,

                                          Speaker of the House of 
     Representatives.                          -------------------

                    NOTIFICATION OF REASSEMBLING OF CONGRESS

        The SPEAKER pro tempore. The Chair lays before the House the 
    text of the formal notification sent to Members on Thursday, 
    September 1, 2005, of the reassembling of the House.

                                    Congress of the United States,
                                Washington, DC, September 1, 2005.

        Dear Colleague: Pursuant to section 2 of House Concurrent 
    Resolution 225, after consultation with the Minority Leader of the 
    House of Representatives and the Minority Leader of the Senate, we 
    hereby notify the Members of the Senate to reassemble at 10:00 p.m. 
    on Thursday, September 1, 2005, and the members of the House of 
    Representatives to reassemble at 1:00 p.m. on Friday, September 2, 
    2005.

              Sincerely,

                                                J. Dennis Hastert,

                                             Speaker of the House.

                                           William H. Frist, M.D.,

                                    Majority Leader of the Senate.

Sec. 13.13 The two Houses adopted a concurrent resolution providing for 
    adjournment (or recess) of each House, the Senate from alternate 
    departure dates, to a common date certain, subject to joint 
    leadership recall authority.

    Parliamentarian's Note: Although the contemplated period of 
adjournment for the House would not exceed three constitutional days, a 
concurrent resolution was used not only to permit the Senate to span 
Thursday and Tuesday but also to enable a further recall during the 
three-day Labor Day weekend, should the need arise.
    On Sept. 2, 2005,(1) the following occurred in the 
House.
---------------------------------------------------------------------------
 1. Id. at p. 19443.
---------------------------------------------------------------------------

    PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE TWO HOUSES

        The SPEAKER pro tempore laid before the House the following 
    privileged Senate concurrent resolution (S. Con.

[[Page 895]]

    Res. 51) providing for a conditional adjournment or recess of the 
    Senate, and a conditional adjournment of the House of 
    Representatives.
        The Clerk read the Senate concurrent resolution, as follows:

                                S. Con. Res. 51

            Resolved by the Senate (the House of Representatives 
        concurring), That when the Senate recesses or adjourns at the 
        close of business on Thursday, September 1, or on Friday, 
        September 2, 2005, on a motion offered pursuant to this 
        concurrent resolution by its Majority Leader or his designee, 
        it stand recessed or adjourned until 12 noon on Tuesday, 
        September 6, 2005, or until the time of any reassembly pursuant 
        to section 2 of this concurrent resolution, whichever occurs 
        first; and that when the House adjourns on the legislative day 
        of Friday, September 2, 2005, on a motion offered pursuant to 
        this concurrent resolution by its Majority Leader or his 
        designee, it stand adjourned until 2 p.m. on Tuesday, September 
        6, 2005, or until the time of any reassembly pursuant to 
        section 2 of this concurrent resolution, whichever occurs 
        first.
            Sec. 2. The Majority Leader of the Senate and the Speaker 
        of the House, or their respective designees, acting jointly 
        after consultation with the Minority Leader of the Senate and 
        the Minority Leader of the House, shall notify the Members of 
        the Senate and House, respectively, to reassemble at such place 
        and time as they may designate whenever, in their opinion, the 
        public interest shall warrant it.

        The SPEAKER pro tempore.(2) Without objection, the 
    Senate concurrent resolution is concurred in.
---------------------------------------------------------------------------
 2. Tom DeLay (TX).
---------------------------------------------------------------------------

        There was no objection.
        A motion to reconsider was laid on the table.

[[Page 896]]