[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[C. Adjournment Sine Die]
[Â§ 15. Conditional Adjournments Sine Die; Recall]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 916-929]
 
                               CHAPTER 40
 
                              Adjournment
 
                        C. Adjournment Sine Die
 
Sec. 15. Conditional Adjournments Sine Die; Recall

    The first examples of coupling sine die adjournment with the 
conferral of leadership recall authority during the sine die period 
were in the 93d Congress, on Dec. 22, 1973, and on Dec. 20, 
1974.(1) Inclusion of leadership recall authority in 
adjournment resolutions was discontinued in 1975 and reinstituted in 
the 101st Congress, second session, when the joint recall authority was 
conferred only on the majority leaderships (not separately on the joint 
minority leaderships, who merely had to be consulted).(2) 
The form of leadership recall authority as reinstituted in the 101st 
Congress remained the practice through the 108th 
Congress.(3)
---------------------------------------------------------------------------
 1. See Sec. Sec. 15.10, 15.11, infra.
 2. See Sec. 15.7, infra.
 3. See Sec. Sec. 15.1, 15.15, infra.
---------------------------------------------------------------------------

    Before the inclusion of leadership recall authority, only the 
President could reconvene either or both Houses after sine die 
adjournment, pursuant to art. II, Sec. 3 of the Constitution. The 
President's authority in the same section to adjourn the two Houses to 
such time as he shall think proper, where there is a disagreement 
between the two Houses, has never been used.
    See also Sec. 13, supra, for discussion of leadership recall 
authority included in concurrent resolutions providing for adjournment 
to a day certain. The now-standard recall language allowing reassembly 
at another ``place'' was first used

[[Page 917]]

on Oct. 17, 2001,(4) and the language empowering designees 
of the Speaker and the Senate Majority Leader to exercise the recall 
authority in exigent circumstances was first included on July 26, 
2002.(5)
---------------------------------------------------------------------------
 4. See Sec. 13.6, supra.
 5. See Sec. 13.5, supra.
---------------------------------------------------------------------------

    See also Sec. 13, supra, for discussion of adjournments to a day 
and time certain immediately before the constitutional end of a 
Congress on Jan. 3 of an odd-numbered year with recall authority, in 
effect tantamount to a sine die adjournment with recall, but treated as 
continuation of the existing session rather than a new (third) session 
upon the recall.                          -------------------

Sec. 15.1 The House agreed to a privileged concurrent resolution 
    providing for adjournment of the Congress sine die including 
    alternate departure dates for each House and provision for joint-
    leadership recall.

    On Dec. 7, 2004,(1) the Majority Leader offered the 
following privileged concurrent resolution:
---------------------------------------------------------------------------
 1. 150 Cong. Rec. 25708, 108th Cong. 2d Sess.
---------------------------------------------------------------------------

         PROVIDING FOR SINE DIE ADJOURNMENT OF SECOND SESSION OF 108TH 
                                    CONGRESS

        Mr. [Tom] DeLAY [of Texas]. Mr. Speaker, I offer a privileged 
    concurrent resolution (H. Con. Res. 531) and ask for its immediate 
    consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 531

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on any legislative 
        day from Tuesday, December 7, 2004, through Friday, December 
        10, 2004, on a motion offered pursuant to this concurrent 
        resolution by its Majority Leader or his designee, it stand 
        adjourned sine die, or until the time of any reassembly 
        pursuant to section 2 of this concurrent resolution; and that 
        when the Senate adjourns on any day from Tuesday, December 7, 
        2004, through Saturday, December 11, 2004, on a motion offered 
        pursuant to this concurrent resolution by its Majority Leader 
        or his designee, it stand adjourned sine die, or until the time 
        of any reassembly pursuant to section 2 of this concurrent 
        resolution.
            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.

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

Sec. 15.2 Pursuant to notice issued by the Speaker under

[[Page 918]]

    authority conferred in a concurrent resolution of adjournment, the 
    House reassembled from a second session adjournment sine die as a 
    continuation of that session.

    On Dec. 17, 1998,(1) the following occurred:
---------------------------------------------------------------------------
 1. 144 Cong. Rec. 27770, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

        Pursuant to section 3 of House Concurrent Resolution 353, One 
    Hundred Fifth Congress, the House met at 10 a.m. and was called to 
    order by the Speaker, Hon. Newt 
    Gingrich.                          -------------------

                    NOTIFICATION OF REASSEMBLING OF CONGRESS

        The SPEAKER.(2) The Chair lays before the House the 
    text of the formal notification sent to Members on Monday, December 
    14, 1998, of the reassembling of the House, which the Clerk will 
    read.
---------------------------------------------------------------------------
 2. Newt Gingrich (GA).
---------------------------------------------------------------------------

        The Clerk read as follows:

                                            Office of the Speaker,

                                Washington, DC, December 14, 1998.

            Pursuant to section 3 of House Concurrent Resolution 353 
        and after consultation with the Minority Leader, the public 
        interest requires the Members of the House of Representatives 
        to reassemble at 10 a.m. on Thursday, December 17, 1998. The 
        Sergeant at Arms is directed to notify all Members of the 
        reassembly of the House of Representatives for the second 
        session of the One Hundred Fifth Congress.
              Sincerely yours,

                                                    Newt Gingrich,
                                                          Speaker.

    Parliamentarian's Note: As the Speaker's notification itself 
indicates, the reassembly of the House (the House and Senate having 
adjourned sine die) became a continuation of the second session rather 
than a new third session, under the terms of the concurrent resolution.

Sec. 15.3 Form of privileged concurrent resolution of adjournment sine 
    die providing both joint-leadership recall authority and House-only 
    recall authority with subsequent sine die House adjournment if 
    utilized.

    On Oct. 20, 1998,(1) the following privileged concurrent 
resolution was considered in the House:
---------------------------------------------------------------------------
 1. 144 Cong. Rec. 27348, 105th Cong. 2d Sess.
---------------------------------------------------------------------------

             PROVIDING FOR ADJOURNMENT SINE DIE OF THE CONGRESS ON 
           WEDNESDAY, OCTOBER 21, 1998, OR THURSDAY, OCTOBER 22, 1998

        Mr. [Gerald B. H.] SOLOMON [of New York]. Mr. Speaker, I offer 
    a privileged concurrent resolution (H. Con. Res. 353) and ask for 
    its immediate consideration.
        The Clerk read the concurrent resolution, as follows:

[[Page 919]]

                                H. Con. Res. 353

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on the legislative 
        day of Wednesday, October 21, 1998, or Thursday, October 22, 
        1998, on a motion offered pursuant to this concurrent 
        resolution by its Majority Leader or his designee, it stand 
        adjourned sine die or until noon on the second day after 
        Members are notified to reassemble pursuant to section 2 of 
        this concurrent resolution, or until a time designated pursuant 
        to section 2 of this resolution; and that when the Senate 
        adjourns on Wednesday, October 21, 1998, or Thursday, October 
        22, 1998, on a motion offered pursuant to this concurrent 
        resolution by its Majority Leader or his designee, it stand 
        adjourned sine die, or until noon on the second day after 
        Members are notified to reassemble pursuant to section 2 of 
        this concurrent resolution.
            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 reassemble whenever, in their opinion, the 
        public interest shall warrant it.
            Sec. 3. During any adjournment of the House pursuant to 
        this concurrent resolution, the Speaker, acting after 
        consultation with the Minority Leader, may notify the Members 
        of the House to reassemble whenever, in his opinion, the public 
        interest shall warrant it. After reassembling pursuant to this 
        section, when the House adjourns on any day on a motion offered 
        pursuant to this section by its Majority Leader or his 
        designee, the House shall again stand adjourned pursuant to the 
        first section of this concurrent resolution.

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

    Parliamentarian's Note: The House needed separate recall authority, 
independent of the Senate, in order to be prepared to consider 
potential articles of impeachment reported from the Committee on the 
Judiciary following the sine die adjournment. The House was recalled by 
Speaker Gingrich on Dec. 17, 1998.(2)
---------------------------------------------------------------------------
 2. See Sec. 15.2, supra.
---------------------------------------------------------------------------

    Subsequently, on Oct. 21, 1998,(3) the House adjourned 
sine die.
---------------------------------------------------------------------------
 3. 144 Cong. Rec. 27410, 105th Cong. 2d Sess. See also Sec. 17.3, 
        infra.
---------------------------------------------------------------------------

                              SINE DIE ADJOURNMENT

        Mr. [Gerald B. H. SOLOMON] [of New York]. Mr. Speaker, pursuant 
    to House concurrent resolution 353 and as the designee of the 
    majority leader, I move that the House do now adjourn.
        The motion was agreed to.
        The SPEAKER pro tempore.(4) In accordance with the 
    provisions of House Concurrent Resolution 353, the Chair declares 
    the second session of the 105th Congress adjourned sine die.
---------------------------------------------------------------------------
 4. Edward A. Pease (IN).
---------------------------------------------------------------------------

        Thereupon (at 5 o'clock and 56 minutes p.m.), pursuant to House 
    Concurrent Resolution 353, the House adjourned.

Sec. 15.4 The House agreed to a privileged Senate concurrent resolution 
    providing for the

[[Page 920]]

    adjournment sine die of the first session of a Congress (subject to 
    recall by the joint House-Senate majority leaderships) and 
    declaring the position of the Congress with respect to the 
    assertion by the President of a ``pocket veto'' power between 
    sessions of a Congress.

    On Nov. 13, 1997,(1) the Speaker pro 
tempore(2) laid before the House a privileged Senate 
concurrent resolution on the Speaker's table providing for an 
adjournment sine die of the first session and an assertion that the 
``pocket veto'' not be used during a first session sine die 
adjournment:
---------------------------------------------------------------------------
 1. 143 Cong. Rec. 26538, 26539, 105th Cong. 1st Sess. See Ch. 24, 
        infra, for additional information on pocket vetoes.
 2. Ray LaHood (IL).
---------------------------------------------------------------------------

          ADJOURNMENT SINE DIE OF FIRST SESSION OF ONE HUNDRED FIFTH 
                                    CONGRESS

        The SPEAKER pro tempore (Mr. LaHood). The Chair lays before the 
    House a Senate concurrent resolution (S. Con. Res. 68) to adjourn 
    sine die the First Session of the One Hundred Fifth Congress, as a 
    question of the privileges of the House.
        The Clerk read the Senate Concurrent Resolution as follows:

                                S. Con. Res. 68

            Resolved by the Senate (the House of Representatives 
        concurring), That when the House adjourns on the legislative 
        day of Thursday, November 13, 1997, or Friday, November 14, 
        1997, on a motion offered pursuant to this concurrent 
        resolution by the Majority Leader or his designee, it stand 
        adjourned sine die, or until noon on the second day after 
        Members are notified to reassemble pursuant to section 2 of 
        this concurrent resolution, and that when the Senate adjourns 
        on Thursday, November 13, 1997, or Friday, November 14, 1997, 
        on a motion offered pursuant to this concurrent resolution by 
        the Majority Leader or his designee, it stand adjourned sine 
        die, or until noon on the second day after Members are notified 
        to reassemble pursuant to section 2 of this concurrent 
        resolution.
            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 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.
            Sec. 3. The Congress declares that clause 5 of rule III of 
        the Rules of the House of Representatives and the order of the 
        Senate of January 7, 1997, authorize for the duration of the 
        One Hundred Fifth Congress the Clerk of the House of 
        Representatives and the Secretary of the Senate, respectively: 
        To receive messages from the President during periods when the 
        House and Senate are not in session and thereby preserve until 
        adjournment sine die of the final regular session of the One 
        Hundred Fifth Congress the constitutional prerogative of the 
        House and Senate to reconsider vetoed measures in light of the 
        objections of the President, since the availability of the 
        Clerk and the Secretary during any earlier adjournment of 
        either House during the Congress does not

[[Page 921]]

        prevent the return by the President of any bill presented to 
        him for approval.
            Sec. 4. The Clerk of the House of Representatives shall 
        inform the President of the United States of the adoption of 
        this concurrent resolution.

        The SPEAKER pro tempore. The question is on the Senate 
    concurrent resolution.
        The question was taken; and the Speaker pro tempore announced 
    that the ayes appeared to have it.
        Mr. [Richard A.] GEPHARDT [of Missouri]. 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 
    205, nays 193, not voting 34, as follows:

                              [Roll No. 638] . . .

        So the Senate concurrent resolution was concurred in.
        The result of the vote was announced as above recorded.
        A motion to reconsider was laid on the table.

Sec. 15.5 The Senate agreed to a motion that the Senate adjourn to meet 
    the following evening unless the House sooner adopted the 
    concurrent resolution of sine die adjournment (as amended by the 
    Senate), in which case the Senate would stand adjourned sine die 
    pursuant to that concurrent resolution.

    On Oct. 3, 1996,(1) the following proceedings occurred 
in the Senate:
---------------------------------------------------------------------------
 1. 142 Cong. Rec. 27335, 104th Cong. 2d Sess.
---------------------------------------------------------------------------

                        CONDITIONAL ADJOURNMENT SINE DIE

        Mr. [Trent] LOTT [of Mississippi]. Mr. President, if there is 
    no further business to come before the Senate, I now move that the 
    Senate stand in adjournment sine die under the provisions of House 
    Concurrent Resolution 230, or until 6 p.m., Friday, October 4, if 
    the House fails to adopt House Concurrent Resolution 230. And God 
    be with you all.
        The motion was agreed to, and at 6:54 p.m., the Senate 
    adjourned sine die, conditioned on the House concurrence in the 
    Senate amendment to House Concurrent Resolution 230.

Sec. 15.6 Second instance since the 93d Congress in which the House 
    included recall language in a concurrent resolution providing for 
    the adjournment of a second session sine die.

    On Oct. 5, 1992,(1) the Majority Leader called up a 
privileged concurrent resolution as follows:
---------------------------------------------------------------------------
 1. 138 Cong. Rec. 32340, 102d Cong. 2d Sess.
---------------------------------------------------------------------------

        PROVIDING FOR THE SINE DIE ADJOURNMENT OF THE 2D SESSION, 102D 
                                    CONGRESS

        [Mr. Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, I send to 
    the

[[Page 922]]

    desk a privileged concurrent resolution (H. Con. Res. 384) and ask 
    unanimous consent for its immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 384

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on the legislative 
        day of Thursday, October 8, 1992, or Friday, October 9, 1992, 
        pursuant to a motion by the Majority Leader, or his designee, 
        it stand adjourned sine die, and that when the Senate adjourns 
        on the calendar day of Thursday, October 8, 1992, or any day 
        thereafter, pursuant to a motion made by the Majority Leader, 
        or his designee, in accordance with this resolution, it stand 
        adjourned sine die or until noon on the second day after 
        Members are notified to reassemble pursuant to section 2 of 
        this resolution.
            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 Senate, respectively, 
        to reassemble whenever, in their opinion, the public interest 
        shall warrant it.

        The SPEAKER.(2) Without objection, the concurrent 
    resolution is agreed to.
---------------------------------------------------------------------------
 2. Thomas S. Foley (WA).
---------------------------------------------------------------------------

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

Sec. 15.7 For the first time since the 93d Congress, the House included 
    recall language in a concurrent resolution providing for the 
    adjournment of a second session sine die.

    On Oct. 27, 1990,(1) the House, for the first time since 
the 93d Congress, included recall language in a privileged concurrent 
resolution providing for the adjournment of a second session sine die:
---------------------------------------------------------------------------
 1. 136 Cong. Rec. 36850, 101st Cong. 2d Sess.
---------------------------------------------------------------------------

         PROVIDING FOR ADJOURNMENT OF THE HOUSE FROM SATURDAY, OCTOBER 
            27, 1990, SINE DIE, AND ADJOURNMENT OF THE SENATE FROM 
         SATURDAY, OCTOBER 27, SUNDAY, OCTOBER 28, OR MONDAY, OCTOBER 
                               29, 1990, SINE DIE

        Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, I offer a 
    privileged concurrent resolution (H. Con. Res. 399) and ask for its 
    immediate consideration.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 399

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House adjourns on the legislative 
        day of October 27, 1990, and the Senate adjourns on Saturday, 
        October 27, Sunday, October 28 or Monday, October 29, 1990, 
        they stand adjourned sine die or until noon on the second day 
        after Members are notified to reassemble pursuant to section 2 
        of this concurrent resolution.
            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

[[Page 923]]

        of the House and Senate, respectively, to reassemble whenever, 
        in their opinion, the public interest shall warrant it.

        The SPEAKER pro tempore.(2) Is there objection to 
    agreeing to the resolution?
---------------------------------------------------------------------------
 2. Michael R. McNulty (NY).
---------------------------------------------------------------------------

        Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker, 
    reserving the right to object, I shall not object, but I just want 
    to inquire of the majority leader: there was some question on our 
    side about the recall provision of this that I have been asked 
    about. The minority leader is here now.
        Mr. Leader, reserving the right to object, have we cleared that 
    language?
        Mr. [Robert H.] MICHEL [of Illinois]. Mr. Speaker, will the 
    gentleman yield?
        Mr. WALKER. Mr. Speaker, reserving the right to object, I yield 
    to the gentleman from Illinois.
        Mr. MICHEL. Mr. Speaker, to respond to the gentleman, of 
    course, the administration would prefer that there be no reference 
    whatsoever, but, quite frankly, it is not a joint resolution and 
    does not require the President's signature.
        There is ample precedent for it, I think, in 1974 when 
    President Ford, during one of those sessions, and also in 1943, 
    and, quite frankly, it says, in effect, that if the Speaker and the 
    majority leader of the Senate after consultation with the minority 
    leader of both the House and the Senate feel that there ought to be 
    a reconvening of the Members for whatever purpose that, from my 
    point of view, I think it is well in order, and that we ought to 
    approve it as it is written.
        Mr. WALKER. Further reserving the right to object, under that 
    provision, since we adjourn sine die, would that be a 
    reconstitution then of the 101st Congress at that point, or would 
    we have a new session if this Congress was adjourned sine die?
        Mr. GEPHARDT. Mr. Speaker, will the gentleman yield?
        Mr. WALKER. I am happy to yield to the gentleman from Missouri.
        Mr. GEPHARDT. Mr. Speaker, I believe such recall would be a 
    reassembling of this session of the 101st Congress.
        Mr. WALKER. Mr. Speaker, I thank the gentleman.
        Mr. Speaker, I withdraw my reservation of objection. . . .
        The SPEAKER pro tempore (Mr. McNulty). Is there objection to 
    agreeing to the resolution?
        There was no objection.
        The concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

    On Dec. 20, 1974,(3) the House agreed to a privileged 
concurrent resolution, offered by the Majority Leader, providing for 
the sine die adjournment of the 93d Congress, second session, or for an 
adjournment until reconvened by the leadership:
---------------------------------------------------------------------------
 3. 120 Cong. Rec. 41815, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

                       PROVIDING FOR ADJOURNMENT SINE DIE

        Mr. [Thomas P.] O'NEILL [of Massachusetts]. Mr. Speaker, I 
    offer a concurrent resolution (H. Con. Res. 697)

[[Page 924]]

    and ask for its immediate consideration.
        The Clerk read the concurrent resolution as follows:

                                H. Con. Res. 697

            Resolved by the House of Representatives (the Senate 
        concurring), That when the two Houses adjourn on Friday, 
        December 20, 1974, they shall stand adjourned sine die or until 
        12:00 noon on the second day after their respective Members are 
        notified to reassemble in accordance with Section 2 of this 
        resolution, whichever event first occurs.
            Sec. 2 The Speaker of the House of Representatives and the 
        President of the Senate or the President pro tempore of the 
        Senate shall notify the Members of the House and the 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 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 SPEAKER.(4) The question is on the concurrent 
    resolution.
---------------------------------------------------------------------------
 4. Carl Albert (OK).
---------------------------------------------------------------------------

        The question was taken and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [John] ASHBROOK [of Ohio]. Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were refused.
        (Mr. ASHBROOK asked and was given permission to address the 
    House for 1 minute, and to revise and extend his remarks.)
        Mr. ASHBROOK. Mr. Speaker, I take this opportunity of asking 
    the distinguished majority leader what all that means. It was read 
    rather rapidly. It seemed to have quite a few clauses. I did not 
    quite catch all of it.
        Mr. O'NEILL. Mr. Speaker, I feel certain the gentleman from 
    Ohio is aware of the fact that this is a sine die resolution, which 
    gives the right to the Speaker of the House and the Presiding 
    Officer of the Senate, the majority leader of the House, and the 
    minority leader of the Senate and the minority leader of the House, 
    and the President of the United States, would have the right, to 
    call the Members back into session before January 3 if they thought 
    there was an emergency, and the Congress should be called back.
        After the date of January 3 we will extend it to January 14. . 
    . .
        So the concurrent resolution was agreed to.
        A motion to reconsider was laid on the table.

Sec. 15.8 The House agreed to a privileged House concurrent resolution 
    providing for the adjournment sine die of the first session of a 
    Congress (subject to recall by the joint House-Senate majority 
    leadership) and declaring the position of the Congress with respect 
    to the assertion by the President of a pocket veto between sessions 
    of a Congress.

[[Page 925]]

    On Nov. 21, 1989,(1) the Majority Leader offered a 
privileged concurrent resolution as follows:
---------------------------------------------------------------------------
 1. 135 Cong. Rec. 31156, 101st Cong. 1st Sess.
---------------------------------------------------------------------------

        PROVIDING FOR SINE DIE ADJOURNMENT OF THE FIRST SESSION OF THE 
                 101ST CONGRESS ON WEDNESDAY, NOVEMBER 22, 1989

        Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, I offer a 
    privileged concurrent resolution (H. Con. Res. 239) and ask for its 
    immediate consideration, and I ask unanimous consent that I be 
    permitted to address the House for 1 minute on the resolution.
        The Clerk read the concurrent resolution, as follows:

                                H. Con. Res. 239

            Resolved by the House of Representatives (the Senate 
        concurring), That when the House and Senate adjourn on 
        Wednesday, November 22, 1989, they stand adjourned sine die, or 
        until 12 o'clock meridian on the second day after Members are 
        notified to reassemble pursuant to section 2 of this concurrent 
        resolution.
            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 Senate, respectively, 
        to reassemble whenever, in their opinion, the public interest 
        shall warrant it.
            Sec. 3. The Congress declares--
            (1) that clause 5 of rule III of the Rules of the House of 
        Representatives, adopted for the One Hundred First Congress in 
        House Resolution 5 on January 3, 1989, authorizes the Clerk of 
        the House of Representatives to receive messages from the 
        President during periods when the House of Representatives is 
        not in session;
            (2) that the House of Representatives intends by such rule 
        to preserve until its adjournment sine die from the final 
        session of the One Hundred First Congress the constitutional 
        prerogative of the House to reconsider vetoed measures in light 
        of the objections of the President;
            (3) that the order of the Senate of January 3, 1989, 
        effective for the duration of the One Hundred First Congress, 
        authorizes the Secretary of the Senate to receive messages from 
        the President during periods when the Senate is not in session; 
        and
            (4) that the Senate intends by such order to preserve until 
        its adjournment sine die from the final session of the One 
        Hundred First Congress the constitutional prerogatives of the 
        Senate to reconsider vetoed measures in light of the objections 
        of the President.
            Sec. 4. The Congress reaffirms its intent that the 
        availability of the Clerk of the House of Representatives to 
        receive messages from the President during periods when the 
        House is not in session and the availability of the Secretary 
        of the Senate to receive messages from the President during 
        periods when the Senate is not in session ensure that the 
        adjournment of either House pursuant to this concurrent 
        resolution shall not prevent the return by the President of any 
        bill presented to him for approval.
            Sec. 5. The Clerk of the House of Representatives shall 
        inform the President of the United States of the adoption of 
        this resolution.

        Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker, 
    reserving the right to object, there is a question on

[[Page 926]]

    our side as to whether or not this would interfere with the 
    President's constitutional prerogatives to pocket-veto bills. As I 
    understand it, this is a concurrent resolution which would have no 
    impact on the President's constitutional prerogative to do that if 
    he so chose? Is that correct?
        Mr. GEPHARDT. Mr. Speaker, if the gentleman will yield, as I 
    understand it, this resolution would inform the President that the 
    Clerk of the House and the Secretary of the Senate are available 
    under their rules to receive messages from the President during the 
    adjournment. It makes it clear that this adjournment will not 
    prevent the return of any bill and reserves the constitutional 
    prerogative to reconsider vetoed measures in light of the 
    President's objections.
        Mr. WALKER. But if the President chooses to pocket-veto a bill 
    rather than send a veto message up even though we have clerks in 
    place, it is my understanding that the President would still be 
    permitted to do that under this resolution since it is a concurrent 
    resolution? Is that correct?
        Mr. GEPHARDT. If the gentleman will yield further, the 
    President can exercise his constitutional prerogative. This 
    resolution simply expresses the sentiment of the House and Senate 
    as to the appropriate congressional prerogatives.
        Mr. WALKER. Mr. Speaker, I withdraw my reservation of 
    objection, and I thank the majority leader.

                                {time}  1340

        The SPEAKER pro tempore (Mr. Mazzoli).(2) The 
    question is on the concurrent resolution.
---------------------------------------------------------------------------
 2. Romano L. Mazzoli (KY).
---------------------------------------------------------------------------

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

Sec. 15.9 The Speaker laid before the House a privileged Senate 
    concurrent resolution providing for the sine die adjournment of 
    both Houses.

    On Oct. 1, 1976,(1) the following proceedings occurred 
in the House:
---------------------------------------------------------------------------
 1. 122 Cong. Rec. 35336, 94th Cong. 2d Sess.
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                       PROVISION FOR SINE DIE ADJOURNMENT

        The SPEAKER laid before the House the Senate concurrent 
    resolution (S. Con. Res. 211), providing for a sine die adjournment 
    of the Congress on Friday, October 1, 1976.
        The Clerk read the Senate concurrent resolution.
        The Clerk read the Senate concurrent resolution, as follows:

                                S. Con. Res. 211

            Resolved by the Senate (the House of Representatives 
        concurring), That the two Houses of Congress shall adjourn on 
        Friday, October 1, 1976, and that when they adjourn on said 
        day, they stand adjourned sine die.

        The Senate concurrent resolution was concurred in.
        A motion to reconsider was laid on the table.

Sec. 15.10 The House rejected a privileged concurrent resolution, 
    offered by the Majority

[[Page 927]]

    Leader, providing for the sine die adjournment of the two Houses or 
    for adjournment until reconvened by the joint House-Senate majority 
    or minority leadership prior to Jan. 3, 1974.

    On the legislative day of Dec. 21, 1973,(1) the House 
rejected a privileged concurrent resolution providing for adjournment 
sine die:
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 1. 119 Cong. Rec. 43294, 43295, 43318, 93d Cong. 1st Sess.
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                       PROVIDING FOR SINE DIE ADJOURNMENT

        Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, I 
    offer a privileged concurrent resolution (H. Con. Res. 411) and ask 
    for its immediate consideration.
        The Clerk read as follows:

                                H. Con. Res. 411

            Resolved by the House of Representatives (the Senate 
        concurring), That when the two Houses adjourn on Saturday, 
        December 22, 1973, they shall stand adjourned sine die or until 
        12:00 noon on the second day after their respective Members are 
        notified to reassemble in accordance with Section 2 of this 
        resolution, whichever event first occurs.
            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 the 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.

        Mr. O'NEILL. Mr. Speaker, I move the previous question on the 
    concurrent resolution.
        The previous question was ordered.
        The SPEAKER.(2) The question is on the concurrent 
    resolution.
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 2. Carl Albert (OK).
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        Mr. James V. STANTON [of Ohio]. Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The question was taken; and there were--yeas 74, nays 171, not 
    voting 187, as follows:

                              [Roll No. 724] . . .

        So the concurrent resolution was rejected. . . 
    .                          -------------------

                      ADJOURNMENT TO 12 O'CLOCK NOON TODAY

        Mr. O'NEILL. Mr. Speaker, I ask unanimous consent that when the 
    House adjourns today it adjourn to meet at 12 o'clock noon today, 
    Dec. 22, 1973.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Massachusetts?
        There was no objection. . . 
    .                          -------------------

                                  ADJOURNMENT

        Mr. [John B.] BREAUX [of Louisiana]. Mr. Speaker, I move that 
    the House do now adjourn.

[[Page 928]]

        The motion was agreed to; accordingly (at 1 o'clock and 32 
    minutes a.m.) the House adjourned until today, Saturday, December 
    22, 1973, at 12 o'clock noon.

    Parliamentarian's Note: The next day, the House adopted House 
Concurrent Resolution 412, adjourning the session sine die. The Senate 
amended it to include joint majority or minority leadership recall 
authority.(3)
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 3. See also Sec. 15.11, infra.
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Sec. 15.11 The Speaker laid before the House a House concurrent 
    resolution providing for sine die adjournment of the two Houses 
    with a Senate amendment thereto permitting the joint House-Senate 
    leadership to reconvene Congress prior to Jan. 3, 1974.

    On Dec. 22, 1973,(1) the following proceedings occurred 
in the House:
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 1. 119 Cong. Rec. 43327, 93d Cong. 1st Sess.
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                        FURTHER MESSAGE FROM THE SENATE

        A further message from the Senate by Mr. Arrington, one of its 
    clerks, announced that the Senate had passed a concurrent 
    resolution of the House (H. Con. Res. 412) entitled ``Concurrent 
    resolution providing for the sine die adjournment of the 1st 
    session of the 93d Congress,'' with amendments in which concurrence 
    is requested.                          -------------------

         PROVIDING FOR THE SINE DIE ADJOURNMENT OF THE 1ST SESSION OF 
                                THE 93D CONGRESS

        The SPEAKER.(2) The Clerk will report the concurrent 
    resolution (H. Con. Res. 412) providing for the sine die 
    adjournment of the 1st session of the 93rd Congress, with a Senate 
    amendment thereto, and report the Senate amendment.
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 2. Carl Albert (OK).
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        The Clerk read the Senate amendment, as follows:

            Page 1, line 4, strike out ``die.'' and insert ``die or 
        until 12:00 noon on the second day after their respective 
        Members are notified to reassemble in accordance with section 2 
        of this resolution, whichever event first occurs.''.
            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 the 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, files 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 Senate amendment was concurred in.
        A motion to reconsider was laid on the 
    table.                          -------------------

                              SINE DIE ADJOURNMENT

        Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, I 
    move that the House do now adjourn.

[[Page 929]]

        The motion was agreed to.
        The SPEAKER. In accordance with the provisions of House 
    Concurrent Resolution 412, the Chair declares the 1st session of 
    the 93d Congress adjourned sine die.
        Thereupon (at 2 o'clock and 2 minutes p.m.), pursuant to House 
    Concurrent Resolution 412, the House adjourned sine die.

Speaker's Designees to Exercise Recall Authority

Sec. 15.12 A Speaker pro tempore, by unanimous consent, announced the 
    Speaker's designations of (1) the Majority Leader to exercise 
    recall authority under the concurrent resolution of adjournment in 
    the event of the death or inability of the Speaker, and (2) certain 
    alternates in a letter placed with the Clerk to, in turn, exercise 
    the same authority in the event of the death or inability of the 
    primary designee.

    On Nov. 22, 2002,(1) the following occurred in the 
House:
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 1. 148 Cong. Rec. 23517, 23518, 107th Cong. 2d Sess.
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                                RECALL DESIGNEE

        The SPEAKER pro tempore (Mr. Kerns).(2) Without 
    objection, and pursuant to section 2 of Senate Concurrent 
    Resolution 160, the Chair announces the Speaker's designation of 
    Representative Richard K. Armey of Texas to act jointly with the 
    majority leader of the Senate or his designee, in the event of the 
    death or inability of the Speaker, to notify the Members of the 
    House and the Senate, respectively, of any reassembly under that 
    concurrent resolution, and further, in the event of the death or 
    inability of that designee, the alternate Members of the House 
    listed in the letter bearing this date that the Speaker has placed 
    with the Clerk are designed, in turn, for that same purpose.
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 2. Brian Kerns (IN).
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        There was no objection.

    Parliamentarian's Note: Beginning in the 108th Congress, clause 
8(b)(3) of Rule I was added to confer this designation authority on the 
Speaker.(3)
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 3. House Rules and Manual Sec. 632 (2007).
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