[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 45. Recess]
[From the U.S. Government Publishing Office, www.gpo.gov]
CHAPTER 45
RECESS
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. House Authorization; Motions
Sec. 3. Duration of Recess
Sec. 4. Purpose of Recess
Research References
5 Hinds Sec. Sec. 6663-6671
8 Cannon Sec. Sec. 3354-3362
Deschler-Brown-Johnson Ch 39
Manual Sec. Sec. 586, 638, 639, 911, 913
Sec. 1 . In General
Under clause 12(a) of rule I, the Speaker may declare a recess
``for a short time'' when no question is pending before the House.
Under clause 12(b) of rule I, the Speaker or chair of the Committee of
the Whole may declare an emergency recess when notified of an imminent
threat to the safety of the House. Recesses also may be declared by
the Speaker pursuant to authority granted by the House by privileged
motion. Sec. 2, infra. Except in case of emergency under clause 12(b)
of rule I, recesses are not permitted in the Committee of the Whole
except with the permission of the House. 5 Hinds Sec. Sec. 6669-6671;
8 Cannon Sec. 3357.
Clause 12 of rule I uses the term ``recess'' in its technical
sense, which should be distinguished from adjournment. Recesses are
taken during a legislative day, whereas adjournments terminate a
legislative day. Another distinguishing feature is that, during a
recess, the mace remains in place on the rostrum, indicating that the
House continues in session. Bills may be introduced and reports may be
filed through the hopper. Although the term ``recess'' may be used
more colloquially to describe periods of adjournment (e.g., ``August
recess''), such periods do not technically constitute a recess of the
House.
Except for an emergency recess under clause 12(b) of rule I, a
recess may not interrupt a call of the roll or a recorded vote, even
though the House has previously given authority to declare a recess at
any time. 5 Hinds Sec. Sec. 6054, 6055. However, when the hour
previously fixed for a recess arrived, the Chair declared the House in
recess during a division vote. 5 Hinds Sec. 6665.
Sec. 2 . House Authorization; Motions
The House may specifically authorize the Speaker to declare a
recess, but in modern practice, the standing authority in clause 12(a)
of rule I (to declare a recess when no question is pending) has made
such specific authorizations infrequent. The House may, by motion, by
unanimous consent, by suspension of the rules, or by special order of
business, authorize the Speaker to declare a recess. Clause 4 of rule
XVI; Manual Sec. Sec. 83, 586, 911, 913; Deschler Ch 21 Sec. 11.8. The
authority may be for a single recess on a given day, for several
recesses subject to the call of the Chair, or for more than one day.
104-1, Dec. 15, 1995, p 37107 (motion); 104-1, Dec. 21, 1995, p 38475
(special order of business). However, no recess declared by the
Speaker or authorized by the House alone can exceed three days (not
including Sundays) because that would violate the constitutional
requirement for Senate consent. U.S. Const. art. I, Sec. 5; see also
Sec. 3, infra.
The Speaker also may be authorized to declare a recess:
At any time during the remainder of the day. 87-2, Sept. 12,
1962, p 19258.
On the following day. 86-1, May 26, 1959, p 9155.
During the remainder of the week. 90-1, Dec. 15, 1967, p
37126.
At any time on certain days of the week. 88-2, Apr. 7, 1964, p
7119.
At any time on the legislative days of Friday and Saturday and
if necessary on Sunday. 97-1, Nov. 19, 1981, p 28211.
At any time during the remainder of the session. Deschler Ch
21 Sec. 11.8.
On a specific day to accommodate a joint meeting. 110-1, Nov.
1, 2007, p 29042.
Motions to Authorize a Recess
Clause 4(c) of rule XVI permits the Speaker to entertain ``at any
time'' a motion authorizing the Chair to declare a recess. The motion
may be adopted by simple majority vote. This motion is rarely offered
given the Speaker's authority to declare a recess under clause 12 of
rule I.
Rule XVI gives the motion for a recess a privileged status equal
to that of the motion to adjourn, which is a motion of the highest
precedence and privilege. Manual Sec. Sec. 911, 912; see Adjournment.
Before the adoption of this rule in 1991, the motion to authorize a
recess was not privileged in the House and could be entertained only
by unanimous consent (8 Cannon Sec. 3354), although a privileged
motion to recess was permitted by rule from 1880 to 1890 (8 Cannon
Sec. 3356).
A motion to authorize the Speaker to declare a recess is not
debatable or amendable. Manual Sec. Sec. 911, 913.
Quorum Requirements
A vote by the House to authorize the Speaker to declare a recess
requires a quorum. 4 Hinds Sec. Sec. 2955-2960. A motion for a recess
cannot be entertained if the absence of a quorum has been declared. 4
Hinds Sec. 2958-2960. However, when the hour previously fixed for a
recess arrives, the Chair declares the House in recess, even if a
quorum is not present. 5 Hinds Sec. Sec. 6665, 6666.
Sec. 3 . Duration of Recess
Generally
The Speaker may be authorized by the House to declare a recess to
a time certain on that day (92-2, Oct. 14, 1972, p 36474), or to
declare a recess until a time certain on the following calendar day
(97-1, Nov. 20, 1981, p 28628). Overnight recess may be authorized, in
which event the same legislative day is retained. 98-1, Nov. 10, 1983,
p 32200. A recess does not terminate a legislative day, and a
legislative day cannot be terminated during recess. 8 Cannon
Sec. 3356. In rare circumstances, upon the expiration of an overnight
recess, the House is called to order and the Chaplain offers the
prayer. 104-1, Dec. 18, 1995, p 37310; 107-1, Sept. 12, 2001, pp
16752, 16753.
When a recess is declared, the bell and light system will so
indicate with six bells and six lights. Termination of a recess is
indicated by three bells and three lights.
The Speaker has been authorized to declare recesses at any time
during a Thursday-evening-to-Monday-noon period subject to the call of
the Chair. 98-1, Nov. 10, 1983, p 32197. However, a recess cannot
extend longer than three days by House order alone, because of the
constitutional requirement that neither House may adjourn for more
than three days without the consent of the other. See Adjournment.
Recess for a Short Time; Emergency Recess
The Speaker is permitted by clause 12(a) of rule I to declare a
recess for ``a short time . . . subject to the call of the Chair,''
when no question is pending before the House. The Speaker has used
this authority to recess the House overnight. See, e.g., 106-2, Dec.
14, 2000, p 26657; 107-1, May 3, 2001, pp 7134-37; 110-1, July 25,
2007, p 20762.
In the aftermath of terrorist attacks, the House stood in recess
on the legislative day of September 11, 2001, from 9:52 a.m. on
September 11 until 10:03 a.m. on September 12. 107-1, Sept. 11, 2001,
pp 16750-52; Deschler-Brown-Johnson Ch 39 Sec. 2.17. As a result of
the events of September 11, the House adopted clause 12(b) of rule I
in the 108th Congress. Clause 12(b) authorizes the Speaker, even when
business is pending, to declare an emergency recess when notified of
an imminent threat to the safety of the House. This clause was amended
in the 110th Congress to provide the same authority to the chair of
the Committee of the Whole.
The Speaker's declaration of a recess for a ``short time'' under
clause 12(a) of rule I may follow the postponement of a question under
clause 8 of rule XX because, after postponement, a question is no
longer pending before the House. The Speaker also has the authority to
postpone consideration of certain measures under clause 1(c) of rule
XIX. These authorities have become familiar scheduling techniques of
the majority leadership in the modern practice of the House.
The customary inquiry by the Chair, ``For what purpose does the
gentle___ seek recognition?'' does not immediately confer recognition,
such that a Member's mere revelation that such Member seeks to offer a
motion to adjourn does not suffice to make that motion ``pending'' so
as to prevent a declaration of a short recess. Deschler-Brown-Johnson
Ch 39 Sec. Sec. 2.22, 2.24; 111-1, July 13, 2009, p 17493. The Chair
may withdraw recognition for special order speeches in order to
declare a recess. 114-1, Jan. 6, 2015, p__; 111-1, Nov. 4, 2009, p
26795.
Emergency Convening Authority
During any recess or adjournment of not more than three days, if
the Speaker is notified by the Sergeant-at-Arms of an imminent
impairment of the place of reconvening, then the Speaker may, in
consultation with the Minority Leader, postpone the time for
reconvening within the three-day limit prescribed by the Constitution.
In the alternative, the Speaker, under the same conditions, may
reconvene the House before the time previously appointed solely to
declare the House in recess within that three-day limit. Clause 12(c)
of rule I.
In the 114th Congress, the House amended clause 12 of rule I to
authorize the Speaker or a designee, during any recess or adjournment
of not more than three days, to reconvene the House at a time other
than that previously appointed, within the three-day limit prescribed
by the Constitution, based on a determination that the public interest
so warrants and after consultation with the Minority Leader. 114-1,
Jan. 6, 2015, p__.
Sec. 4 . Purpose of Recess
Where the Speaker is given authority to declare a recess by
unanimous consent or a special order of business, the specific purpose
of the recess may be stipulated. The Speaker may be authorized to
declare the House in recess in order to:
Attend to a Member who has suddenly taken ill on the floor of
the House. 91-1, July 8, 1969, p 18614.
Await the receipt of a message from the President. 91-1, Jan.
17, 1969, pp 1188-92.
Await a message from the Senate. 91-1, Feb. 7, 1969, p 3268.
Await a report from a committee on certain emergency
legislation. 91-2, Mar. 4, 1970, p 5867.
Await a conference report. 92-1, Dec. 14, 1971, pp 46884-88.
Await a report from the Committee on Rules. 91-2, Mar. 4,
1970, p 5867.
Await Senate action on a House joint resolution continuing
appropriations for several departments of the government that
are without funds. 95-1, Nov. 4, 1977, p 37066.
Await or attend a joint meeting to receive certain
dignitaries. 92-1, Sept. 8, 1971, p 30845.
Receive former Members of the House in the Chamber. 95-2, May
19, 1978, p 14660.
Permit Members to attend certain ceremonies. 93-2, Dec. 19,
1974, p 41604.
Make preparations for a secret session of the House. 96-1,
June 20, 1979, p 15711.
Recesses for many of the purposes outlined above, as well as for
unannounced purposes, are now accomplished under the Speaker's
authority to declare a short recess under clause 12(a) of rule I.