[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
[109th Congress]
[House Document 108-241]
[Provisions of the Legislative Reorganization Act]
[Pages 957-960]
[From the U.S. Government Printing Office, www.gpo.gov]


[[Page 957]]


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                     LEGISLATIVE REORGANIZATION ACTS





                       JOINT AND SELECT COMMITTEES





                              HOUSE OFFICES


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                     EARLY ORGANIZATION OF THE HOUSE


                     LEGISLATIVE REORGANIZATION ACTS


 provisions of the legislative reorganization act of 1946 applicable to 
                               __________


                               both houses


        section 132 of the legislative reorganization act of 1946


Sec. 132. (a) <> Unless 
otherwise provided by the Congress, the two Houses shall--
                             (2 U.S.C. 198)


          (1) adjourn sine die not later than July 31 of each year; or

          (2) in the case of an odd-numbered year, provide, not later 

        than July 31 of such year, by concurrent resolution adopted in 

        each House by rollcall vote, for the adjournment of the two 

        Houses from that Friday in August which occurs at least thirty 

        days before the first Monday in September (Labor Day) of such 


        year to the second day after Labor Day.


  (b) This section shall not be applicable in any year if on July 31 of 
such year a state of war exists pursuant to a declaration of war by the 
Congress.

  The present form of this section is derived from the Legislative 
Reorganization Act of 1970 (sec. 461; 84 Stat. 1140). Before that 
revision, the 1946 Act (60 Stat. 812) provided for adjournment sine die 
of the two Houses not later than the last day of July each year except 
during time of war or a national emergency proclaimed by the President. 
Presidentially declared emergencies of May 8, 1939, May 27, 1941, and 
December 16, 1950, negated operation of the provision (see Speaker 
Rayburn, Aug. 1, 1949, p. 10486; Aug. 2, 1949, p. 10591; Aug. 4, 1949, 
p. 10778).


  The Committee on Rules has jurisdiction of matters relative to 
recesses and final adjournment of Congress (clause 1(n)(2) of rule X).


[[Page 960]]

up as privileged and requires a yea and nay vote for adoption (July 30, 
1973, p. 26657), and is not debatable (July 31, 1991, p. 20675); but the 
House may adjourn by simple motion on July 31 to meet on August 1 (July 
31, 1991, p. 20677). In even-numbered years, and some odd-numbered 
years, the House has agreed to concurrent resolutions waiving the 
provisions of this law to provide that the two Houses shall not adjourn 
for more than three days or sine die until they have adopted a 
concurrent resolution to that effect (July 25, 1972, p. 25145; July 24, 
1974, p. 25008; July 29, 1982, pp. 18562, 18563; July 30, 1986, p. 
18146; July 29, 1994, p. 18615; July 30, 1999, p. 18763). To obviate the 
necessity to adopt a concurrent resolution waiving the requirement in 
section 132 of Legislative Reorganization Act of 1946, the House has 
included the language ``in consonance with section 132(a)'' in its 
concurrent resolutions providing for an August recess (e.g., July 31, 
1997, p. 17018; July 25, 2003, p. ----).

Sec. 1106. Not a statutory adjournment sine die. Under this provision of law, a concurrent resolution providing in an odd-numbered year for an adjournment of the two Houses from the first Friday in August until the second day after Labor Day or until notified to reassemble pursuant to a joint agreement of the Leadership of the two Houses is called
section 141 of the legislative reorganization act of 1946 (2 U.S.C. 145a)
Sec. 1107. Preservation of committee hearings. Sec. 141. The Librarian of the Library of Congress is authorized and directed to have bound at the end of each session of Congress the printed hearings of testimony taken by each committee of the Congress at the preceding session.
This provision became effective on August 2, 1946.