[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[C. Adjournment Sine Die]
[Â§ 18. Business Subsequent to]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 948-954]
 
                               CHAPTER 40
 
                              Adjournment
 
                        C. Adjournment Sine Die
 
Sec. 18. Business Subsequent to

    Certain administrative items of business are authorized to be 
undertaken as described in Sec. 17, supra. Standing rules do not permit 
committees to file legislative reports, other than oversight, 
investigative, or biannual activities reports(1) following 
sine die adjournment without specific permission of the House. Standing 
rules do permit all committees to sit and act whether or not the House 
has adjourned,(2) up to the

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constitutional end of term at noon on Jan. 3 of an odd-numbered year. 
Proceedings of the House subsequent to sine die adjournment of a 
Congress, including signing of enrollments and receipt of messages, are 
printed in a separate portion of the Congressional Record during the 
sine die period, or if there is no separate edition, in a separate 
portion of the next printed Congressional Record.(3) Of 
course, business conducted during adjournments to a day certain, 
including the receipt of messages, signing of enrollments, and 
appointments is shown in the Congressional Record of the day the House 
reconvenes.(4)
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 1. Rule XI clauses 1(b)(4) and 1(d)(4), House Rules and Manual 
        Sec. Sec. 788, 790 (2007). See Sec. 18.7, infra.
 2. Rule XI clause 2(m)(1)(A), House Rules and Manual Sec. 805 (2007).
 3. See, e.g., 148 Cong. Rec. 23555-59, 107th Cong. 2d Sess., Dec. 16, 
        2002.
 4. For a discussion of the effect of a sine die adjournment or an 
        adjournment to a day certain on the authority of the President 
        to ``pocket veto'' a measure, see Ch. 24, Sec. 18, 
        supra.                          -------------------
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Making Appointments and Accepting Resignations

Sec. 18.1 The House by unanimous consent authorized the Speaker and 
    Minority Leader to accept resignations and make appointments to 
    commissions, boards, and committees following adjournment sine die 
    as authorized by law or by the House.

    On Nov. 14, 2002,(1) the House by unanimous consent also 
provided that the chairman and ranking minority Member of each standing 
committee and subcommittee may extend remarks in the Congressional 
Record and include summary of work of committee or subcommittee. The 
House by unanimous consent authorized all Members until the publication 
of the last edition of the Congressional Record to revise and extend 
their remarks and include brief extraneous material on any matter 
occurring before adjournment sine die.
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 1. 148 Cong. Rec. 22600 107th Cong. 2d Sess.
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         AUTHORIZING SPEAKER, MAJORITY LEADER, AND MINORITY LEADER TO 
        ACCEPT RESIGNATIONS AND TO MAKE APPOINTMENTS AUTHORIZED BY LAW 
             OR BY THE HOUSE NOT WITHSTANDING SINE DIE ADJOURNMENT

        Mr. [Richard] ARMEY [of Texas]. Mr. Speaker, I ask unanimous 
    consent that notwithstanding the adjournment of the second session 
    of the 107th Congress, the Speaker, the majority leader, and the 
    minority leader be authorized to accept resignations and to make 
    appointments authorized by law or by the House.
        The SPEAKER pro tempore.(2) Is there objection to 
    the request of the gentleman from Texas?
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 2. Michael Simpson (ID).
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        There was no objection.

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           AUTHORIZING CHAIRMAN AND RANKING MINORITY MEMBER OF EACH
       STANDING COMMITTEE AND SUBCOMMITTEE TO EXTEND REMARKS IN RECORD

        Mr. ARMEY. Mr. Speaker, I ask unanimous consent that the 
    chairman and ranking minority member of each standing committee and 
    each subcommittee be permitted to extend their remarks in the 
    Record, up to and including the Record's last publication, and to 
    include a summary of the work of that committee or subcommittee.
        The SPEAKER pro tempore. Is there objection to the request of 
    the gentleman from Texas?
        There was no 
    objection.                          -------------------

         GRANTING MEMBERS OF THE HOUSE PRIVILEGE TO REVISE AND EXTEND 
        REMARKS IN CONGRESSIONAL RECORD UNTIL LAST EDITION IS PUBLISHED

        Mr. ARMEY. Mr. Speaker, I ask unanimous consent that Members 
    may have until publication of the last edition of the Congressional 
    Record authorized for the second session of the 107th Congress by 
    the Joint Committee on Printing to revise and extend their remarks 
    and to include brief, related extraneous material on any matter 
    occurring before the adjournment of the second session sine die.
        The SPEAKER pro tempore. Is there objection to the request of 
    the gentleman from Texas?
        There was no objection.

Sec. 18.2 By unanimous consent, the Speaker was authorized to accept 
    resignations and to appoint commissions, boards, and committees 
    authorized by law, notwithstanding adjournment sine die.

    On Dec. 17, 1971,(1) the following transpired in the 
House:
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 1. 117 Cong. Rec. 47676, 92d Cong. 1st Sess.
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        Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, I ask unanimous 
    consent that notwithstanding the adjournment of the first session 
    of the 92d Congress, the Speaker be authorized to accept 
    resignations, and to appoint commissions, boards, and committees 
    authorized by law or by the House.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana?
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 2. Carl Albert (OK).
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        There was no objection.(3)
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 3. See also 119 Cong. Rec. 43292, 43293, 93d Cong. 1st Sess., Dec. 21, 
        1973; and 118 Cong. Rec. 37062, 92d Cong. 2d Sess., Oct. 18, 
        1972.
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Signing Bills and Resolutions

Sec. 18.3 Prior to standing rules changes in 1981 authorizing such 
    procedure considered by unanimous consent, the Speaker of the House 
    and the President of the Senate were authorized by unanimous 
    consent to sign enrolled bills and joint resolutions, 
    notwithstanding adjournment sine die.

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    On Sept. 12, 1959,(1) preceding the sine die adjournment 
of Congress, a concurrent resolution was worded so as to include both 
the Speaker of the House and the President of the Senate in the 
authorization to sign enrolled bills and joint resolutions:
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 1. 105 Cong. Rec. 19365, 86th Cong. 1st Sess.
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        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I 
    offer a House concurrent resolution and ask unanimous consent for 
    its immediate consideration.
        The Clerk read as follows:

                        House Concurrent Resolution 439

        Resolved by the House of Representatives (the Senate 
    concurring), That notwithstanding the sine die adjournment of the 
    two Houses, the Speaker of the House of Representatives and the 
    President of the Senate be, and they are hereby, authorized to sign 
    enrolled bills and joint resolutions duly passed by the two Houses 
    and found truly enrolled.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Massachusetts?
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
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        There was no objection.
        The House concurrent resolution was agreed to, and a motion to 
    reconsider was laid on the table.(3)
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 3. See also 106 Cong. Rec. 19132, 86th Cong. 2d Sess., Sept. 1, 1960 
        (calendar day).
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    Similarly, on Aug. 30, 1957,(4) the following transpired 
in the House:
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 4. 103 Cong. Rec. 16759, 85th Cong. 1st Sess.
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        Mr. McCORMACK. Mr. Speaker, I offer a House concurrent 
    resolution (H. Con. Res. 230) and ask for its immediate 
    consideration.
        The Clerk read as follows:

            Resolved by the House of Representatives (the Senate 
        concurring), That notwithstanding the sine die adjournment of 
        the two Houses, the Speaker of the House of Representatives and 
        the President of the Senate be, and they are hereby, authorized 
        to sign enrolled bills and joint resolutions duly passed by the 
        two Houses and found truly enrolled.

        The SPEAKER. The question is on the resolution.
        The resolution was agreed to.

    Parliamentarian's Note: Standing rules were amended in the 97th 
Congress to obviate the need for these unanimous-consent 
requests.(5)
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 5. Rule I clause 4, House Rules and Manual Sec. 624 (2007); Rule II 
        clause 2, House Rules and Manual Sec. 652 (2007).
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Sec. 18.4 By unanimous consent, the Clerk may be authorized to receive 
    messages from the Senate, and the Speaker authorized to sign 
    enrollments notwithstanding an adjournment sine die.

    On Dec. 17, 1971,(1) the following authorizations were 
made in the House:
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 1. 117 Cong. Rec. 47676, 92d Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, I ask unanimous 
    consent

[[Page 952]]

    that notwithstanding the sine die adjournment of the House, the 
    Clerk be authorized to receive messages from the Senate and that 
    the Speaker be authorized to sign any enrolled bills and joint 
    resolutions duly passed by the two Houses and found truly enrolled.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Louisiana?
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 2. Carl Albert (OK).
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        There was no objection.

Receiving Messages From the Senate

Sec. 18.5 The Clerk of the House may be authorized by unanimous consent 
    to receive messages from the Senate during an adjournment from 
    Friday to Monday, but such authorization does not mandate that the 
    House adjourn during that period.

    On Dec. 13, 1963,(1) as the House prepared to adjourn 
from Friday to Monday, unanimous consent was granted for the Clerk to 
receive messages from the Senate and for the Speaker to sign enrolled 
bills and joint resolutions.
---------------------------------------------------------------------------
 1. 109 Cong. Rec. 24553, 88th Cong. 1st Sess.
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        Mr. (Carl) ALBERT (of Oklahoma). Mr. Speaker, I ask unanimous 
    consent that notwithstanding any adjournment of the House until 
    Monday next the Clerk may be authorized to receive messages from 
    the Senate and the Speaker may be authorized to sign any enrolled 
    bills and joint resolutions duly passed by the two Houses and found 
    truly enrolled.
        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Oklahoma?
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 2. John W. McCormack (MA).
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        Mr. (Durward G.) HALL (of Missouri). Reserving the right to 
    object, Mr. Speaker, may I ask the distinguished majority leader if 
    this request implies that the House is going to adjourn over until 
    Monday next, thereby missing tomorrow, Saturday?
        Mr. ALBERT. It implies that a request will be made later for 
    that purpose.
        Mr. HALL. But it is not inherent in this request?
        Mr. ALBERT. This does not bind the House not to meet tomorrow, 
    no.
        Mr. HALL. Then I withdraw my reservation of objection, Mr. 
    Speaker.
        The SPEAKER. Is there objection to the request of the gentleman 
    from Oklahoma?
        There was no objection.

Comptroller General Reports

Sec. 18.6 A resolution authorized the printing of reports of the 
    Comptroller General to be received following the adjournment sine 
    die as documents of the second session of the 90th Congress.

    On Oct. 14, 1968,(1) the authorization for printing 
Comptroller

[[Page 953]]

General reports during adjournment was provided by resolution:
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 1. 114 Cong. Rec. 31313, 90th Cong. 2d Sess.
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        Mr. (Carl) ALBERT (of Oklahoma). Mr. Speaker, I offer a 
    resolution (H. Res. 1323) and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                                  H. Res. 1323

        Resolved, That notwithstanding the sine die adjournment of the 
    House, reports of the Comptroller General of the United States made 
    to the Congress pursuant to the Government Corporation Control Act 
    (31 U.S.C. 841 et seq.) shall be printed during such adjournment as 
    House documents of the second session of the Ninetieth Congress.
        The resolution was agreed.
        The motion to reconsider was laid on the table.

    At the close of the second session of the 80th 
Congress,(2) a resolution authorized the Comptroller General 
reports to be printed during adjournment sine die, as follows:
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 2. 94 Cong. Rec. 9348, 80th Cong. 2d Sess., June 19, 1948.
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        Mr. (Charles A.) HALLECK (of Indiana). Mr. Speaker, I offer a 
    resolution (H. Res. 700) and ask for its immediate consideration.
        The Clerk read as follows:

            Resolved, That the reports (if the Comptroller General of 
        the United States made to Congress, pursuant to section 5 of 
        the act of February 24, 1945 (56 Stat. 6), and the Government 
        Corporation Control Act (59 Stat. 597), after the adjournment 
        of the House until December 31, 1948, shall be printed as House 
        documents of the second session of the Eightieth Congress.

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

    Parliamentarian's Note: This permission for printing of Comptroller 
General reports is no longer necessary, as such reports are processed 
as executive communications.

Investigative Reports

Sec. 18.7 Committees authorized to conduct investigations were 
    permitted by unanimous consent to file investigative reports with 
    the Clerk and have them printed, notwithstanding adjournment sine 
    die.

    On the legislative day of Aug. 31, 1960,(1) the 
following took place in the House:
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 1. 106 Cong. Rec. 19132, 86th Cong. 2d Sess., Sept. 1, 1960 (calendar 
        day). See also 88 Cong. Rec. 9602, 77th Cong. 24 Sess.
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        Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I ask 
    unanimous consent that reports filed with the Clerk following the 
    sine die adjournment by committees authorized by the House to 
    conduct investigations may be printed by the Clerk as reports of 
    the 86th Congress.

[[Page 954]]

        The SPEAKER.(2) Is there objection to the request of 
    the gentleman from Massachusetts?
---------------------------------------------------------------------------
 2. Sam Rayburn (TX).
---------------------------------------------------------------------------

        There was no objection.(3)
---------------------------------------------------------------------------
 3. See also 109 Cong. Rec. 25555, 88th Cong. 1st Sess., Dec. 24, 1963; 
        and 107 Cong. Rec. 21529, 87th Cong. 1st Sess., Sept. 27, 1961 
        (calendar day).
            Parliamentarian's Note: Beginning with the 105th Congress, 
        the standing rules were amended to give all committees 
        authority to file investigative reports with the Clerk 
        following sine die adjournment. See Rule XI clause 1(b)(4), 
        House Rules and Manual Sec. 788 (2007).
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    On Aug. 30, 1957,(4) permission was granted for certain 
investigative reports to be filed during an adjournment period.
---------------------------------------------------------------------------
 4. 103 Cong. Rec. 16759, 85th Cong. 1st Sess. See also 104 Cong. Rec. 
        19699, 85th Cong. 2d Sess., Aug. 23, 1958.
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        Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that 
    reports filed with the Clerk following the sine die adjournment by 
    committees authorized by the House to conduct investigations, may 
    be printed by the Clerk as reports of the 85th Congress.
        The SPEAKER. Is there objection?
        There was no objection.
                   DESCHLER-BROWN-JOHNSON PRECEDENTS
Ch. 40 

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