[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[A. Generally; Adjournments of Three Days or Less]
[§ 3. When in Order; Precedence and Privilege of Motion]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 784-820]
CHAPTER 40
Adjournment
A. Generally; Adjournments of Three Days or Less
Sec. 3. When in Order; Precedence and Privilege of Motion
When the House has fixed the daily hour of meeting (as it normally
does on the first day of each session by standing order), the motion to
adjourn, authorized by clause 4 of Rule XVI,(1) is in order
in simple form only (that the House do now adjourn), and may not direct
an immediate adjournment to a day or time certain, or to a day beyond
three days and beyond the constitutional term of that
Congress.(2)
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1. House Rules and Manual Sec. 911 (2007).
2. Ibid. See also House Rules and Manual Sec. 912; and Sec. 3.27,
infra.
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Only in a case in which the hour of daily meeting has not been
fixed may the simple motion to adjourn fix the hour of
meeting.(3)
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3. House Rules and Manual Sec. 912 (2007).
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The motion to fix the day to which the House should adjourn was
included within the rule as to the precedence of motions but was
dropped in 1890 and again in 1895 until 1973, because of its use in
obstructive tactics.(4) In 1973, clause 4 of Rule XVI was
revised to restore to the highest privileged status, equal with the
simple motion to adjourn, the nondebatable motion that when the House
adjourns on that day it stand adjourned to a day and time certain
(within three days) but only if the Speaker, in the Speaker's
discretion, recognized a Member for that purpose.
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4. Ibid. See also 5 Hinds' Precedents Sec. 6740.
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In the interim between 1895(5) until 1973, the motion
that the adjournment on that day be one to a day and time certain was
not privileged against the demand for the regular order.(6)
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5. See 5 Hinds' Precedents Sec. 5301.
6. See Sec. 3.2, infra.
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[[Page 785]]
The Chair cannot refuse to recognize a Member having the floor for
a simple motion to adjourn.(7)
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7. See Sec. 3.3, infra.
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The motion to adjourn may be withdrawn.(8)
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8. See Sec. Sec. 3.31, 3.32, infra.
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The motion to adjourn not only has the highest precedence when a
question is under debate, but with certain restrictions, under all
other conditions as well.(9) The entry of the motion to
reconsider, while highly privileged, is not preferential to the motion
to adjourn.(10)
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9. See Sec. Sec. 3.4-3.16, 3.26 infra.
10. See Rule XIX clause 3, House Rules and Manual Sec. 1003 (2007).
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The House may adjourn before the Journal is
approved.(11)
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11. See Sec. 3.8, infra.
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The motion to adjourn may be made during the consideration of a
rule reported from the Committee on Rules, as long as the motion be not
made when another Member has the floor, and must be in writing on
demand of any Member.(12)
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12. See Sec. 3.6, infra. Under clause 1 of Rule XVI, House Rules and
Manual Sec. 902 (2007), a motion must be reduced to writing on
the demand of any Member, including the motion to adjourn, see
Sec. 3.13, infra.
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The motion to adjourn may not interrupt a Member who has the
floor.(13) The motion is not in order during time yielded
for a parliamentary inquiry.(14) The motion may not be
repeated in the absence of intervening business.(15)
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13. See also Sec. Sec. 3.15-3.17, infra.
14. See Sec. 3.18, infra.
15. See Sec. 3.19, infra.
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The motion to adjourn takes precedence over a motion to suspend the
rules,(16) but only one motion to adjourn is in order
pending a motion to suspend the rules.(17)
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16. See Sec. 3.7, infra.
17. Rule XV clause 1(b), House Rules and Manual Sec. 890 (2007). See
also Sec. 3.14, infra.
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The motion to adjourn is in order pending a point of order that a
quorum is not present.(18)
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18. See Sec. Sec. 3.20, 3.25, infra.
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The motion to adjourn has precedence over a motion for a call of
the House, but not after a call of the House has been ordered and the
Clerk directed to call the roll.(19)
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19. See Sec. Sec. 3.21-3.24, infra.
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The motion to adjourn takes precedence over questions of
privilege.(20)
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20. Rule IX clause 2(a), clause 2(b), House Rules and Manual
Sec. Sec. 699, 700 (2007). See also Sec. 3.26, infra.
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The motion to adjourn may not be made prior to a vote on final
passage when the previous question is ordered by operation of a special
rule to final passage without intervening motion.(21)
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21. See Sec. 3.12, infra.
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[[Page 786]]
On Sept. 19, 1979,(22) the House rejected a joint
resolution on final passage, after having by ordinary motion under
clause 4 of Rule XVI ordered the previous question to ``final
passage'', and not pursuant to any special rule ordering the previous
question to final passage without intervening motion except one motion
to recommit. The House did not dispose of the motion to reconsider on
that day but later adjourned until the next day. On Sept. 20,
1979,(23) a Member moved to reconsider the vote of the
previous day and the House voted to reconsider the vote on final
passage. Pending the question on final passage, the Speaker entertained
a motion to adjourn ``as preferential and in order'' pending the
putting of the question on final passage for the second time. Thus, the
motion to adjourn was held in order pending final passage where the
previous question has been ordered by motion ``to final passage''.
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22. 125 Cong. Rec. 25345, 25353, 96th Cong. 1st Sess. (H.J. Res. 399).
23. See Sec. 3.12, infra.
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The motion to adjourn may be made by any Member, including a
minority Member.(24)
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24. See Sec. 3.30, infra.
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The Chair may declare the House adjourned by unanimous consent when
no Member is available to offer the motion.(25)
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25. See Sec. Sec. 3.28, 3.29, infra.
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In at least one instance, the House adjourned out of respect for a
Member's death without adopting a resolution marking the day's
adjournment.(26)
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26. See Sec. 3.33, infra. -------------------
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Sec. 3.1 In response to a parliamentary inquiry, the Speaker pro
tempore indicated that an amendment in the nature of a substitute
in the form of a concurrent resolution providing for the sine die
adjournment of a session of Congress would not be germane to a
simple motion to adjourn.
On Dec. 30, 1970,(1) during a vote on adjournment, a
Member attempted to interrupt with a parliamentary inquiry. As soon as
the result of the vote had been announced, the Speaker permitted the
Member to make his inquiry, which had to do with amending a simple
motion to adjourn.
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1. 116 Cong. Rec. 44190, 91st Cong. 2d Sess.
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ADJOURNMENT
Mr. [W. C.] DANIEL of Virginia. Mr. Speaker, I move that the
House do now adjourn.
The SPEAKER pro tempore (Mr. Mills).(2) The question
is on the motion to adjourn.
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2. Wilbur D. Mills (AR).
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[[Page 787]]
Mr. [Durwood G.] HALL of Missouri. Mr. Speaker--
The SPEAKER pro tempore. The Chair would request that the
gentleman from Missouri permit the Chair to put the question.
The question was taken; and the Speaker pro tempore announced
that the ayes had it.
parliamentary inquiry
Mr. HALL. Mr. Speaker, a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
Mr. HALL. Mr. Speaker, is a privileged amendment in the form of
a substitute as a concurrent resolution in order on a motion to
adjourn?
The SPEAKER pro tempore. The Chair will advise the gentleman
from Missouri that it is not in order on a simple motion to
adjourn.
Sec. 3.2 Between 1895 and 1973,(1) a motion that the
adjournment on that day be one to a day and time certain was not in
order against a demand for the regular order.
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1. For the current practice, see Rule XVI clause 4(c), House Rules and
Manual Sec. Sec. 911, 912 (2007).
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In the early morning hours of the legislative day of Wednesday,
Feb. 22, 1950,(2) a Member moved that the House adjourn to a
day certain, the calendar day of Friday, Feb. 24. The subsequent
objection of another Member served in effect as a demand for the
regular order.
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2. 96 Cong. Rec. 2254, 81st Cong. 2d Sess., Feb. 23, 1950 (calendar
day).
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Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move
that when the House adjourns today it adjourn to meet on Friday
next at 12 o'clock noon.
Mr. [Joseph W.] MARTIN [Jr.] of Massachusetts. Mr. Speaker, a
point of order.
The SPEAKER.(3) The gentleman will state it.
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3. Sam Rayburn (TX).
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Mr. MARTIN of Massachusetts. The gentleman cannot do that. As I
understand it, we must come in at noon today for the Thursday
session unless unanimous consent is secured to go over until
Friday. Is that the proper parliamentary situation?
The SPEAKER. If the gentleman makes that point.
Mr. MARTIN of Massachusetts. I think the gentleman ought to
proceed in the regular way.
Mr. McCORMACK. Of course, the gentleman is absolutely correct.
I was trying to have an adjournment to a definite time.
Mr. Speaker, I ask unanimous consent that when the House
adjourns today it adjourn to meet on Friday next at 12 o'clock.
Mr. [John F.] KENNEDY [of Massachusetts]. Mr. Speaker, I
object.
adjournment
Mr. McCORMACK. Mr. Speaker, I move that the House do now
adjourn until 12 o'clock today.
[[Page 788]]
The motion was agreed to; accordingly (at 3 o'clock and 19
minutes a. m.), the House adjourned until 12 o'clock noon of
Thursday, February 23, 1950.
Sec. 3.3 The Chair cannot refuse to recognize a Member having the floor
for a simple motion to adjourn.
On Mar. 16, 1945,(1) at the culmination of a series of
exchanges pertaining to the parliamentary situation at the time, the
Speaker indicated that the motion to adjourn is always in order, and
that a Member with the floor is entitled to recognition to so move.
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1. 91 Cong. Rec. 2380, 79th Cong. 1st Sess.
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Mr. [Clare E.] HOFFMAN [of Michigan]. Mr. Speaker, a
parliamentary inquiry.
The SPEAKER.(2) The gentleman will state it.
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2. Sam Rayburn (TX).
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Mr. HOFFMAN. What is the regular order now?
The SPEAKER. The regular order is to see if a quorum develops.
Mr. HOFFMAN. Is it in order to adjourn?
The SPEAKER. That motion is always in order in the House.
Mr. HOFFMAN. If there is not a quorum, Mr. Speaker, I move we
adjourn.
The SPEAKER. Will the gentleman withhold that for a moment?
Mr. HOFFMAN. If the Chair is refusing recognition, I will.
The SPEAKER. The Chair cannot do that.
Precedence
Sec. 3.4 The motion to adjourn, though most preferential under clause 4
of Rule XVI,(1) is not available when the previous
question has been ordered (by special rule) to final passage
without intervening motion.
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1. House Rules and Manual Sec. Sec. 911, 912 (2007).
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On June 14, 2001,(2) during debate in the House on an
amendment to a bill on which the previous question had been ordered,
the following proceedings occurred:
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2. 147 Cong. Rec. 10725, 107th Cong. 1st Sess.
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Mr. [John J.] LaFALCE [of New York]. Mr. Speaker, I make the
point of order that a quorum is not present.
The SPEAKER pro tempore (Mr. Cooksey).(3) The Chair
is unable to entertain the gentleman's point of order until the
Chair has put the question on the amendment.
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3. John Cooksey (PA).
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Mr. LaFALCE. Would the Chair restate that position? I thought
that I would be able at any point that I was recognized to get up
and made a point of order that a quorum was not present.
The SPEAKER pro tempore. Under the rules of the House, the
Chair may
[[Page 789]]
not recognize the absence of a quorum during debate. The only time
the point of order may be entertained is when the Chair puts the
question to the House on the gentleman's amendment.
Mr. LaFALCE. So you could debate within the House of
Representatives without a quorum?
The SPEAKER pro tempore. A point of order of no quorum is not
permitted during the debate, no.
Mr. LaFALCE. Mr. Speaker, I move to adjourn.
The SPEAKER pro tempore. The Chair is unable to recognize the
motion.
The previous question is ordered under the rule without such
intervening motion.
Mr. [Michael G.] OXLEY [of Ohio]. Point of inquiry. Does the
request have to be in writing?
The SPEAKER pro tempore. On demand, the motion needs to be in
writing.
Mr. OXLEY. The gentleman from New York was recognized for what
particular purpose?
The SPEAKER pro tempore. With the previous question having been
ordered to passage without intervening motion pending is the debate
on the amendment controlled by the gentleman from Ohio (Mr. Oxley)
and the gentleman from New York (Mr. LaFalce). Under the special
rule, no other motions are permissible.
Mr. LaFALCE. A motion to adjourn is not permissible at this
time?
The SPEAKER pro tempore. The gentleman is correct.
parliamentary inquiry
Mr. LaFALCE. Mr. Speaker, I have a parliamentary inquiry. When
is a motion to adjourn permissible?
The SPEAKER pro tempore. With the previous question being
ordered to final passage without intervening motion under the rule
that motion can be entertained after the question of passage of the
bill.
Mr. LaFALCE. Not before passage of the bill?
The SPEAKER pro tempore. That is the ruling of the Chair.
Sec. 3.5 Although a motion to instruct conferees is privileged under
clause 1(c) of Rule XXVIII(1) a motion to adjourn
remains preferential even after the motion to instruct has been
read.
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1. Now Rule XXII clause 7(c)(1), House Rules and Manual Sec. 1079
(2007).
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On Sept. 30, 1997,(2) the following proceedings occurred
in the House:
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2. 143 Cong. Rec. 20886, 20887, 105th Cong. 1st Sess.
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MOTION TO INSTRUCT CONFEREES ON H.R. 1757, FOREIGN RELATIONS
AUTHORIZATION ACT, FISCAL YEARS 1998 AND 1999, AND EUROPEAN
SECURITY ACT OF 1997
Mr. [Lloyd A.] DOGGETT [of Texas]. Mr. Speaker, I offer a
privileged motion.
The SPEAKER.(3) The Clerk will report the motion.
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3. Newt Gingrich (GA).
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The Clerk read as follows:
Mr. Doggett moves that the managers on the part of the
House at the conference on the disagreeing votes
[[Page 790]]
of the two Houses on the bill, H.R. 1757, be instructed to
reject section 1601 of the Senate amendment, which provides for
payment of all claims against the Iraqi Government before those
of U.S. veterans and the U.S. Government (i.e., U.S.
taxpayers). -------------------
MOTION TO ADJOURN
Mr. [C. Joseph] SCARBOROUGH [of Florida]. Mr. Speaker, I move
that the House do now adjourn.
The SPEAKER. A motion to adjourn is in order.
Mr. SCARBOROUGH. Mr. Speaker, I had asked earlier for a
question. We can do a motion to adjourn, if I can ask the gentleman
from Texas a question?
The SPEAKER. A motion to adjourn is not debatable, and the
gentleman was not recognized prior to this time.
{time} 0015
Does the gentleman from Florida insist on his motion to
adjourn?
Mr. SCARBOROUGH. Yes, Mr. Speaker.
Mr. DOGGETT. Mr. Speaker, has the motion been reduced to
writing?
The SPEAKER. Yes. The question is on the motion to adjourn
offered by the gentleman from Florida [Mr. Scarborough].
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. DOGGETT. 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
206, nays 183, not voting 44, as follows:
[Roll No. 479] . . .
So the motion to adjourn was agreed to.
The result of the vote was announced as above recorded.
Accordingly (at 12 o'clock and 34 minutes a.m.) the House
adjourned until today, Wednesday, October 1, 1997, at 10 a.m.
Sec. 3.6 The motion to adjourn may be made during the consideration of
a rule reported from the Committee on Rules pursuant to clause 4(b)
of Rule XI,(1) as long as the motion is not made when
another Member has the floor and is reduced to writing on demand of
any Member.
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1. Now Rule XIII, clause 6, see House Rules and Manual Sec. 857
(2007).
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On Sept. 27, 1993,(2) where the House adjourned during
the consideration of a special order reported from the Committee on
Rules, further consideration of the rule would become the unfinished
business when the House next reconvened; and when the consideration of
unfinished business resumed in the House, debate did not begin anew but
recommenced from the point at which it was interrupted.(3)
The following occurred.
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2. 139 Cong. Rec. 22608, 22609, 103d Cong. 1st Sess.
3. 139 Cong. Rec. 22719, 103d Cong. 1st Sess.
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[[Page 791]]
motion to adjourn
Mr. [Dan] BURTON of Indiana. For that reason, and because of
this rule and because I cannot bring it to the floor to debate it,
Madam Speaker, I move the House do now adjourn, with apologies to
my colleague, the gentleman from New York [Mr. Solomon].
The SPEAKER pro tempore (Mrs. Meek).(4) Will the
gentleman from Indiana withhold that motion momentarily?
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4. Carrie P. Meek (FL).
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Mr. BURTON of Indiana. As long as it is not going to be
overlooked, Madam Speaker.
The SPEAKER pro tempore. The gentleman's debate time has
expired. Does the gentleman from Indiana still insist on that
motion?
Mr. BURTON of Indiana. I do insist, Madam Speaker.
parliamentary inquiry
Mr. [Gerald B. H.] SOLOMON [of New York]. Madam Speaker, I have
a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will please state his
inquiry.
Mr. SOLOMON. Madam Speaker, I do not believe that the motion is
in writing.
I would like to continue the debate, if we could, and let the
gentleman make it in a timely manner, if that is all right with the
gentleman.
Mr. BURTON of Indiana. No, Madam Speaker, I do insist on my
motion, with apologies to my colleague.
The SPEAKER pro tempore. The motion must be in writing.
The Chair recognizes the gentleman from New York [Mr. Solomon].
Mr. SOLOMON. Madam Speaker, I yield 2 minutes to the gentleman
from Florida [Mr. Mica].
Mr. BURTON of Indiana. Madam Speaker, there is a pending motion
on the floor.
The SPEAKER pro tempore. The gentleman from New York has
insisted that the motion be in writing. Meanwhile, the gentleman
from Florida [Mr. Mica] is recognized for 2 minutes. . . .
Mr. SOLOMON. Madam Speaker, I yield 2 minutes to the
distinguished gentleman from Pennsylvania [Mr. Walker].
Point of Order
Mr. BURTON of Indiana. Madam Speaker, I have a point of order.
The SPEAKER pro tempore (Mrs. Meek). The gentleman will state
his point of order.
Mr. BURTON of Indiana. The Speaker in the chair a few moments
ago asked if I would defer for a few moments while she talked to
somebody up there at the desk. I did defer. Now I want my motion to
be voted upon. The gentlewoman in the Chair, the gentlewoman from
Florida [Mrs. Meek], has it in writing. She asked me to wait. I did
wait. Now I would like the motion to be heard.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Burton of Indiana moves that the House do now adjourn.
parliamentary inquiries
Mr. [George W.] GEKAS [of Pennsylvania]. Madam Speaker, I have
a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
[[Page 792]]
Mr. GEKAS. Madam Speaker, I assume that if the gentleman's
motion is considered by the Chair and put to the House, there would
be an immediate vote on it. My parliamentary inquiry then would be:
If it should be defeated, would we go on with the regular order
of business?
We should. I assume that we would go on with the regular order
of business.
My parliamentary inquiry is:
In the event that it should not fail, that it should prevail,
and this House do adjourn, is it in order to ask prior to the vote
being taken that the adjournment be held over until special orders
are completed?
The SPEAKER pro tempore. The Chair will not entertain that
request.
Mr. [Martin] FROST [of Texas]. Regular order, Madam Speaker.
Mr. GEKAS. Could I ask the gentleman from Indiana [Mr. Burton],
in a colloquy pursuant to my parliamentary inquiry----
Mr. FROST. Mr. Speaker, I ask for regular order.
The SPEAKER pro tempore. The Chair must put the question on the
motion to adjourn.
Mr. GEKAS. Madam Speaker, I have a point of parliamentary
inquiry as to that.
The SPEAKER pro tempore. Will the gentleman from Pennsylvania
please state his parliamentary inquiry?
Mr. GEKAS. Is it proper, is it within regular order, to ask the
sponsor of the motion to adjourn to defer adjournment, even if his
motion prevails, until after special orders? Would the gentleman
agree to that condition?
The SPEAKER pro tempore. Once that motion is agreed to, the
House must adjourn immediately.
Mr. GEKAS. Madam Speaker, I am trying to get across that we
have special orders we would like to get to.
Mr. SOLOMON. Madam Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
Mr. SOLOMON. Madam Speaker, is it now true that, if the motion
to adjourn is forced on the body, we would have to start this
debate on this rule all over, and that we have just 5 minutes left
on the debate today, and we could do that without further
inconveniencing any of the Members if the gentleman would just
withhold for 5 minutes?
Madam Speaker, we have a lot of very, very important business
to take care of on this floor tomorrow, and I would plead with the
gentleman from Indiana [Mr. Burton] to withhold his motion for 5
minutes.
The SPEAKER pro tempore. If the House adjourns now, the
resolution will be unfinished business tomorrow.
Mr. SOLOMON. And we would be starting all over again, Madam
Speaker?
The SPEAKER pro tempore. Not necessarily.
Mr. [Robert L.] LIVINGSTON [of Louisiana]. Madam Speaker, I
have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his
parliamentary inquiry.
Mr. LIVINGSTON. Might I inquire of the Chair if it is possible
to vote on a motion to adjourn by voice vote?
The SPEAKER pro tempore. Yes. If the ayes have it, then the
House could adjourn.
[[Page 793]]
Mr. FROST. Madam Speaker, once again I must ask for regular
order.
The SPEAKER pro tempore. The question is on the motion to
adjourn offered by the gentleman from Indiana [Mr. Burton].
The motion was agreed to; accordingly (at 5 o'clock and 5
minutes p.m.), under its previous order, the House adjourned until
tomorrow, Tuesday, September 28, 1993, at 10 a.m.
Sec. 3.7 The motion to adjourn is of the highest privilege under Rule
XVI clause 4,(1) and thus takes precedence over the
motion to suspend the rules.
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1. House Rules and Manual Sec. Sec. 911, 912 (2007).
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On Aug. 11, 1992,(2) the Speaker entertained
parliamentary inquiries while counting for a quorum on a negative vote
on a motion to adjourn:
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2. 138 Cong. Rec. 23085, 23086, 102d Cong. 2d Sess. See also 117 Cong.
Rec. 38536, 38537, 92d Cong. 1st Sess., Nov. 1, 1971.
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The SPEAKER pro tempore (Mr. McNulty).(3) The
question is on the motion offered by the gentleman from California
[Mr. Miller] that the House suspend the rules and pass the bill,
H.R. 2144, as amended.
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3. Michael R. McNulty (NY).
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The question was taken.
Mr. [Ron] MARLENEE [of Pennsylvania]. Mr. Speaker, on that I
demand the yeas and nays.
The question was taken.
Mr. MARLENEE. Mr. Speaker, I object to the vote on the grounds
that a quorum is not present, and I make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
Pursuant to clause 5 of rule I, and the Chair's prior announcement,
further proceedings on this motion will be postponed.
The point of no quorum is considered
withdrawn. -------------------
PARLIAMENTARY INQUIRY
Mr. MARLENEE. Mr. Speaker, I have a parliamentary inquiry.
Mr. Speaker, at this time is a motion to adjourn in order? Is
it a privileged motion?
The SPEAKER pro tempore. A motion to adjourn is a privileged
motion. -------------------
FALSE CLAIMS AMENDMENTS ACT
Mr. [Barney] FRANK of Massachusetts. Mr. Speaker, I move to
suspend the rules and pass the bill, H.R. 4563, with an
amendment. -------------------
PARLIAMENTARY INQUIRY
Mr. MARLENEE. Mr. Speaker, I had a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. MARLENEE. Mr. Speaker, I did not receive a response on my
parliamentary inquiry.
[[Page 794]]
The SPEAKER pro tempore. The gentleman did receive a response.
The motion is a privileged
motion. -------------------
MOTION TO ADJOURN
Mr. MARLENEE. Mr. Speaker, I move that the House do now
adjourn.
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.
Mr. MARLENEE. Mr. Speaker, I object to the vote on the ground
that a quorum is no present, and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. The Chair will count for a quorum.
parliamentary inquiries
Mr. [George W.] GEKAS [of Pennsylvania]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. GEKAS. Mr. Speaker, is the Chair empowered to declare a
recess?
The SPEAKER pro tempore. No; he is not. The Chair is counting
for a quorum.
Mr. FRANK of Massachusetts. Mr. Speaker, I have a parliamentary
inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. FRANK of Massachusetts. Mr. Speaker, in light of the fact
that the gentleman who is objecting was upset that bills cost
money, is it relevant that the next bill is a saving to the
taxpayer, according to OMB and CBO, since it is a False Claims
Amendment Act? Maybe the gentleman would like to let us save a few
million dollars.
The SPEAKER pro tempore. The Chair cannot entertain that
inquiry, which is not a parliamentary inquiry, when he is counting
for a quorum.
Mr. FRANK of Massachusetts. I knew that, Mr. Speaker, but the
gentleman was listening.
{time} 1930
Mr. MARLENEE. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. (Mr. McNulty). The gentleman will
state his parliamentary inquiry.
Mr. MARLENEE. Mr. Speaker, what would be the effect of my
withdrawing the point of order?
The SPEAKER pro tempore. If the gentleman withdrew his point of
order, the Chair would rely on his earlier declaration that the
noes had it on the voice vote and the motion would not be agreed
to.
Mr. MARLENEE. . . .
Mr. Speaker, I withdraw my point of order.
The SPEAKER pro tempore. The gentleman withdraws his point of
order of no quorum.
So the motion to adjourn was rejected.
Sec. 3.8 The motion to adjourn takes precedence over the Chair's
putting the question on the Speaker's approval of the Journal.
Where less than a quorum rejects a motion to adjourn, the House may
not consider business but may dispose of motions to secure the
attendance of absent Members.
[[Page 795]]
On Nov. 2, 1987,(1) the following proceedings occurred
in the House:
---------------------------------------------------------------------------
1. 133 Cong. Rec. 30386-90, 100th Cong. 1st Sess.
---------------------------------------------------------------------------
THE JOURNAL
The SPEAKER.(2) The Chair has examined the Journal
of the proceedings of the second legislative day of Thursday,
October 29, 1987.
---------------------------------------------------------------------------
2. James C. Wright, Jr. (TX).
---------------------------------------------------------------------------
The question is on approval of that
Journal. -------------------
ADJOURNMENT
Mr. [Thomas S.] FOLEY [of Washington]. Mr. Speaker, I offer a
privileged motion.
The SPEAKER. The Clerk will report the motion. The Clerk read
as follows:
Mr. Foley moves that the House do now adjourn.
The SPEAKER. The question is on the motion offered by the
gentleman from Washington [Mr. Foley].
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. [F. James] SENSENBRENNER [Jr., of Wisconsin]. Mr. Speaker,
I ask for a division.
The SPEAKER. A division is requested.
A division was taken; and the Speaker announced that ayes were
12 and noes were 15.
Mr. FOLEY. Mr. Speaker, I object to the vote on the ground that
a quorum is not present and make the point of order that a quorum
is not present.
Mr. SENSENBRENNER. Mr. Speaker, I have a point of order.
Mr. Speaker, that is not a proper motion to make. The House can
adjourn without a quorum.
The SPEAKER. That is true, but when the vote is a negative vote
the House is not adjourned unless the vote were established to be
an affirmative vote. The Chair counted 12 ayes and 15 noes.
Mr. FOLEY. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER. The gentleman can object to the negative division
vote on the ground that a quorum is not present, and evidently a
quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas
92, nays 100, not voting 241, as follows:
[Roll No. 396] . . .
parliamentariay inquiry
Mr. FOLEY (during the voting). Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. FOLEY. Mr. Speaker, is it the case that until a majority
appears to adjourn the House may not adjourn? Is that correct.
The SPEAKER. The gentleman is correct.
Mr. FOLEY. And, Mr. Speaker, is it also true that the House may
not do any other business?
Mr. SENSENBRENNER. Mr. Speaker, the House is not in order.
[[Page 796]]
The SPEAKER. The House is not in order.
Will all Members of the House please kindly desist from private
conversations?
Mr. FOLEY. Mr. Speaker, is it also correct that the House may
not take up any other business pending their conclusion of this
vote by rollcall on adjournment?
The SPEAKER. The gentleman is correct.
Mr. FOLEY. And the House must remain in session pending an
affirmative vote to adjourn, a quorum appearing in support, or a
quorum appearing?
The SPEAKER. The gentleman is correct.
point of order
Mr. [Robert S.] WALKER [of Pennsylvania] (during the voting).
Mr. Speaker, I have a point of order.
The SPEAKER. The gentleman will state his point of order.
Mr. WALKER. Under what rule are we holding discussion while a
vote is still open?
The SPEAKER. Parliamentary inquiries have been propounded to
the Chair. Under the precedents, the Chair is responding to
parliamentary inquiries relating to the pending situation.
Mr. WALKER. While the vote is being taken and that is an
appropriate procedure during the course of a vote, is that correct,
Mr. Speaker?
Mr. FOLEY. Point of order, Mr. Speaker. If the parliamentary
inquiry is not in order, then the gentleman's point of order is not
in order.
Mr. SENSENBRENNER. Mr. Speaker, I call for the regular order.
The SPEAKER. The Chair will respond to the gentleman's inquiry.
The precedents hold that it is in order for the Chair to
recognize Members for points of parliamentary inquiry if those
points of parliamentary inquiry apply to the business at hand.
parliamentary inquiry
Mr. WALKER (during the voting). Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. WALKER. Mr. Speaker, should this vote fail, there is a
process by which the House could ask the Sergeant at Arms to round
up the absent Members, is that not correct?
The SPEAKER. The gentleman is correct.
Mr. WALKER. And that motion would be in order immediately
following this vote?
The SPEAKER. After the Chair has announced the vote, that
motion would be in order.
parliamentary inquiry
Mr. SENSENBRENNER (during the voting). Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. SENSENBRENNER. Mr. Speaker, when would that announcement
take place?
The SPEAKER. The announcement will take place when the Chair
announces it, which the Chair is about to do.
The Chair is advised that there are Members on the way to the
Chamber.
On this vote, the yeas are 92, the nays are 100, and the motion
is not agreed to.
[[Page 797]]
So the motion was rejected.
The result of the vote was announced as above recorded.
{time} 1230
motion offered by mr. sensenbrenner
Mr. SENSENBRENNER. Mr. Speaker, I offer a privileged motion.
The Clerk read as follows:
Mr. Sensenbrenner moves, pursuant to rule XV, clause 2(a),
that the Sergeant at Arms be directed to arrest the absent
Members.
The question was taken; and the Speaker announced that the noes
appeared to have it.
Mr. SENSENBRENNER. 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
65, nays 130, not voting 238, as follows:
[Roll No. 397] . .
. -------------------
MOTION TO ADJOURN
Mr. FOLEY. Mr. Speaker, I offer a highly privileged motion.
The SPEAKER. The Clerk will report the motion.
The Clerk read as follows:
Mr. Foley moves that the House do now adjourn.
The SPEAKER. The question is on the motion offered by the
gentleman from Washington [Mr. Foley].
The question was taken; and the Speaker announced that the noes
appeared to have it.
Mr. FOLEY. 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
95, nays 102, not voting 236, as follows:
[Roll No. 398] . . .
The SPEAKER. Are there other Members in the Chamber who desire
to vote?
announcement by the speaker
The SPEAKER. The Chair desires to announce that in the event
the Sergeant at Arms were instructed to go and to find and arrest
absent Members, the Sergeant at Arms has informed the Chair that he
already has enough volunteers to find and arrest Members from
Hawaii.
Are there other Members in the Chamber who desire to vote?
Are there Members who desire to change their votes?
Mr. de la Garza changed his vote from ``nay'' to ``yea.''
The SPEAKER. Are there in the Chamber those who just have not
realized that a vote is being taken?
Are there other Members who are on the way from their offices?
Have we received urgent requests from Members to hold the vote
open?
Are there Members in the elevators?
If there are no other Members who desire to vote or to change
their votes, all time has expired.
So the motion was rejected.
The result of the vote was announced as above recorded.
privileged motion offered by mr. walker
Mr. WALKER. Mr. Speaker, I offer a privileged motion that I
send to the desk.
[[Page 798]]
Mr. [Henry B.] GONZALEZ [of Texas]. Mr. Speaker, I have a
parliamentary inquiry.
Mr. WALKER. I have a privileged motion, Mr. Speaker.
The SPEAKER. The Clerk will report the motion.
Mr. Walker moves pursuant to clause 2, rule XV that the
Speaker be authorized to compel the attendance of absent
Members.
Mr. GONZALEZ. Mr. Speaker, I did not hear the reading of that
motion.
The SPEAKER. The Clerk will read the motion again slowly and in
a clear voice.
The Clerk reread the motion.
Mr. GONZALEZ. I move to table that motion.
The SPEAKER. A motion to table is not in order.
Mr. WALKER. Is that motion at the desk, Mr. Speaker?
If the motion is not at the desk, Mr. Speaker, it is not in
order.
The SPEAKER. The Chair is of the opinion that since this is
neither a debatable nor an amendable motion that a motion to table
is not in order under the circumstances.
The question is on the motion offered by the gentleman from
Pennsylvania [Mr. Walker] that the Chair be instructed to compel
the attendance of absent Members.
The question was taken; and the Speaker announced that the noes
appeared to have it.
Mr. WALKER. 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
102, nays 96, not voting 235, as follows:
[Roll No. 399] . . .
Mr. Shuster changed his vote from ``nay'' to ``yea.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
The SPEAKER. Pursuant to the motion, the Chair directs that the
Sergeant at Arms proceed with such steps as may be necessary and
efficacious to compel the attendance of absent Members.
Members who have not been heretofore recorded will give their
names to the Clerk upon arriving, and until the establishment of a
quorum no other business can be conducted.
{time} 1330
parliamentary inquiry
Mr. SENSENBRENNER. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. SENSENBRENNER. Mr. Speaker, would it be in order to grant
the Speaker authority to declare a recess today to a time certain
at this point?
The SPEAKER. The Chair is advised that in the absence of a
quorum no motion which requires unanimous consent may be
entertained, and that would be such a motion.
Therefore, the Chair regrets that the motion would not be in
order.
Members will observe and stand by.
parliamentary inquiry
Mr. WALKER. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER. The gentleman will state it.
[[Page 799]]
Mr. WALKER. Mr. Speaker, will the House be given notice when
sufficient Members have arrived to do business?
Mr. [Larry J.] HOPKINS [of Kentucky]. Mr. Speaker, do we get a
15-minute notice?
The SPEAKER. When a quorum arrives, we will move to dispense
with further proceedings under this motion, and at that point
additional business may be considered. That is all that can be done
under the present circumstances.
Members will stand by and enjoy one another's conviviality.
{time} 1510
The SPEAKER. Pursuant to clause 2 of rule XV, the names of
those Members who have voluntarily appeared subsequent to rollcall
No. 399 shall be spread upon the Journal.
The list of names referred to is as follows:
Messrs. Shaw; Leath of Texas; Williams; Neal; Walgren;
Sabo; Mfume; Traxler; Dixon; St Germain; Bonior of Michigan;
Volkmer; Jeffords; Andrews; Edwards of California; Roe; Porter;
Dymally; Stenholm; Hatcher; Cheney; and Harris; Mrs. Morella;
and Messrs. Yates; Nagle; and Cardin.
The SPEAKER. Are there other Members who desire to be recorded?
If not, the Chair recognizes the gentleman from Michigan [Mr.
Bonior]. -------------------
ADJOURNMENT
Mr. BONIOR of Michigan. Mr. Speaker, I move that the House do
now adjourn.
The SPEAKER. The question is on the motion offered by the
gentleman from Michigan [Mr. Bonior].
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. SENSENBRENNER. 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
116, nays 106, not voting 211, as follows:
[Roll No. 400] . . .
Messrs. FRENZEL, HEFLEY, and LOWERY of California changed their
votes from ``yea'' to ``nay.''
So the motion was agreed to.
The result of the vote was above recorded.
Accordingly (at 3 o'clock and 40 minutes p.m.) the House
adjourned until tomorrow, Tuesday, November 3, 1987, at 12 noon.
Sec. 3.9 Under Rule XVI clause 4,(1) the motion to adjourn
takes precedence over all other motions and questions, including
the filing of a privileged report pursuant to clause 4(a) of Rule
XI.(2)
---------------------------------------------------------------------------
1. House Rules and Manual Sec. Sec. 911, 912 (2007).
2. Now Rule XIII, clause 5, see Id. at Sec. 853 (2007).
---------------------------------------------------------------------------
On Apr. 29, 1985,(3) the motion to adjourn took
precedence over the filing of a privileged report on a contested
election from the
[[Page 800]]
Committee on House Administration:
---------------------------------------------------------------------------
3. 131 Cong. Rec. 9699, 9700, 99th Cong. 1st Sess.
---------------------------------------------------------------------------
REQUEST FOR PERMISSION TO SUBMIT A PRIVILEGED REPORT
Mr. [Leon E.] PANETTA [of California]. Mr. Speaker, by
direction of the Committee on House Administration, I submit a
privileged report.
Mrs. [Lynn] MARTIN [of Illinois]. Mr. Speaker, I have a
privileged resolution at the desk.
Mr. Speaker. I have a privileged resolution that I sent to the
desk.
Mr. [Charles E.] SCHUMER [of New York]. Mr. Speaker, will the
gentlewoman yield?
Mrs. MARTIN of Illinois. No; the gentlewoman cannot with a
privileged resolution.
Mr. SCHUMER. Did the gentlewoman ask for a privileged
revolution or resolution?
The SPEAKER pro tempore.(4) The House will be in
order.
---------------------------------------------------------------------------
4. James C. Wright (TX).
---------------------------------------------------------------------------
Mrs. MARTIN of Illinois. One may lead to the other.
The SPEAKER pro tempore. The House will be in order.
The Chair had recognized the gentleman from California [Mr.
Panetta], who has sent a privileged report to the desk.
Has the gentleman from California quite finished with his
request?
Mrs. MARTIN of Illinois. Mr. Speaker, I believe that my motion
has the highest privilege.
The SPEAKER pro tempore. The gentlewoman will be recognized in
due course, if the gentlewoman will--
Mrs. MARTIN of Illinois. But I believe my motion has
precedence.
The SPEAKER pro tempore. The gentlewoman has not--
Mrs. MARTIN of Illinois. Mr. Speaker, I believe that my motion
has precedence.
The SPEAKER pro tempore. The gentlewoman will be recognized.
The gentlewoman will state her privileged
motion. -------------------
MOTION TO ADJOURN
Mrs. MARTIN of Illinois. I thank the Chair.
Mr. Speaker, I move that the House do now adjourn.
{time} 1230
The SPEAKER pro tempore. The gentlewoman does state a
privileged motion, and the question is on the gentlewoman's motion.
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.
Mr. [Jim] KOLBE [of Arizona]. 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 124, nays 168, not voting
141, as follows:
[Roll No. 77] . . .
So the motion to adjourn was rejected.
The result of the vote was announced as above recorded. . . .
[[Page 801]]
-------------------REPORT ON
RESOLUTION RELATING TO ELECTION OF A REPRESENTATIVE FROM THE
EIGHTH CONGRESSIONAL DISTRICT OF INDIANA
Mr. PANETTA, from the Committee on House Administration,
submitted a privileged report (Rept. No. 99-58) on the resolution
(H. Res. 146) relating to election of a Representative from the
Eighth Congressional District of Indiana, which was referred to the
House Calendar and ordered to be printed.
Sec. 3.10 While the motion to adjourn takes precedence over any other
motion under Rule XVI clause 4(a),(1) the Speaker may,
through the power of recognition, recognize the Majority Leader, by
unanimous consent, for one minute where no objection is raised to
announce the legislative program prior to entertaining the motion
to adjourn.
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------
On Dec. 14, 1982,(2) the following proceedings occurred:
---------------------------------------------------------------------------
2. 128 Cong. Rec. 30549, 30550, 97th Cong. 2d Sess.
---------------------------------------------------------------------------
The Clerk announced the following pairs:
On this vote:
Mr. Fary for, with Mr. Thomas against.
Mr. John L. Burton for, with Mr. Chappie against.
So the joint resolution was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER.(3) The Chair recognizes the majority
leader, the gentleman from Texas (Mr. Wright).
---------------------------------------------------------------------------
3. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------
Mr. [Denny] SMITH [of Oregon]. Mr. Speaker, I have a
preferential motion to send to the desk.
The SPEAKER. The gentleman will be seated. The Speaker has the
right of recognition.
Mr. SMITH of Oregon. Mr. Speaker, I have a preferential motion.
Mr. [Robert S.] WALKER [of Pennsylvania]. Regular order, Mr.
Speaker.
{time} 2040
The SPEAKER. The Chair recognizes the majority leader, the
gentleman from Texas (Mr.
Wright). -------------------
LEGISLATIVE PROGRAM
Mr. [James C.] WRIGHT [Jr., of Texas]. Mr. Speaker, let me
simply announce for the benefit of the Members that it is our
intention now to have no further votes tonight. We plan to take up
the things that we put off last night in order that Members might
go and attend the reception in the White House, the remaining
suspension, and was agreed with the Republican leadership and our
leadership last night, but we will not have any votes. We will roll
the votes until tomorrow, let the votes be the first thing
tomorrow. . . .
[[Page 802]]
-------------------PREFERENTIAL
MOTION OFFERED BY MR. SMITH OF OREGON
Mr. SMITH of Oregon. Mr. Speaker, I offer a preferential
motion.
The SPEAKER. The gentleman will state his preferential motion.
Mr. SMITH of Oregon. Mr. Speaker, I move that the House do now
adjourn.
The SPEAKER. The question is on the preferential motion offered
by the gentleman from Oregon (Mr. Smith).
The question was taken, and the Speaker announced that the noes
appeared to have it.
Mr. SMITH of Oregon. 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
122, nays 202, not voting 109, as follows:
[Roll No. 452] . .
. -------------------
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. The Chair will make the following statement:
It is the usual and customary practice in this House that when
we come to the end of a proceeding, as we did, that the majority
leader then announces the program for the remainder of the night.
The majority leader had informed me that he was going to make that
announcement. Normally it is a unanimous-consent request, and that
is what the Chair anticipated that the majority leader would do.
It is the prerogative and the duty of the Speaker of the House
to run this body in an expeditious manner and he should be informed
when motions are going to be made, whether they are privileged or
otherwise, and when he is suddenly confronted with a privileged
motion, then it is my opinion, while the Chair appreciates that he
follows the rules of the House, it does not improve the decorum of
the House. The Speaker at all times tries to be fair, and thought
he was being fair with the Members when he was recognizing the
majority leader to inform the membership what the program was for
the remainder of the evening.
Parliamentarian's Note: The Speaker recognized the Majority Leader
to announce the program for the remainder of the day and declined to
recognize a Member to offer a motion to adjourn pending that
announcement, although the Majority Leader had neglected to obtain
unanimous consent to address the House for one minute. The Speaker then
suggested that decorum would be maintained by unanimous-consent
permission to announce the leadership program pending a motion to
adjourn. Any Member can force an immediate vote on a privileged motion
to adjourn by objecting to a unanimous-consent request to address the
House for one minute to announce the program. The Speaker may entertain
a unanimous-consent request pending a privileged motion, but in this
instance he merely assumed that the Majority Leader had properly
obtained the
[[Page 803]]
floor. Once the floor is obtained for one minute, a motion to adjourn
cannot interrupt.
Sec. 3.11 The motion to adjourn is highly privileged and may be offered
after the House rejects a motion to lay on the table a motion to
instruct conferees and before the vote occurs on the motion to
instruct.
On May 29, 1980,(1) the House adopted a motion to insist
on its disagreement to a Senate amendment and to request a further
conference with the Senate, and then adopted a motion to instruct the
House conferees, after having rejected a motion to adjourn offered by
the manager of the conference report:
---------------------------------------------------------------------------
1. 126 Cong. Rec. 12717-19, 96th Cong. 2d Sess.
---------------------------------------------------------------------------
motion to instruct offered by mr. latta
Mr. [Delbert L.] LATTA [of Ohio]. Mr. Speaker, I offer a motion
to instruct.
The Clerk read as follows:
Mr. Latta moves to instruct the managers on the part of the
House at the conference on the disagreeing votes of the two Houses
on House Concurrent Resolution 307, first concurrent resolution on
the budget for fiscal year 1981, to agree to the figures in
functional category 050, national security, of $153.7 billion in
outlays and $171.3 billion in budget authority.
motion to table offered by mr. giaimo
Mr. [Robert N.] GIAIMO [of Connecticut]. Mr. Speaker, I move to
lay the motion on the table.
The SPEAKER.(2) The question is on the motion to
table offered by the gentleman from Connecticut (Mr. Giaimo).
---------------------------------------------------------------------------
2. Thomas P. O'Neill, Jr. (MA).
---------------------------------------------------------------------------
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. LATTA. 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
123, nays 165, not voting 145, as follows:
[Roll No. 273] . . .
motion for adjournment
Mr. GIAIMO. Mr. Speaker, I move that the House do now adjourn.
The SPEAKER. The question is on the motion offered by the
gentleman from Connecticut (Mr. Giaimo).
The question was taken; and the Speaker announced that the ayes
appeared to have it.
Mr. LATTA. 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
141, nays 145, not voting 147, as follows:
[Roll No. 274] . . .
Mr. TAUZIN changed his vote from ``yea'' to ``nay.''
So the motion was rejected.
The result of the vote was announced as above recorded.
[[Page 804]]
The SPEAKER. The question is on the motion to instruct offered
by the gentleman from Ohio (Mr. Latta).
The motion was agreed to.
appointment of conferees on house concurrent resolution 307
The SPEAKER. The Chair appoints the following conferees:
Messrs. Giaimo, Wright, Ashley, Simon, Mineta, Jones of Oklahoma,
Brodhead, Wirth, Panetta, Gephardt, Nelson, Latta, Conable, Mrs.
Holt, Mr. Regula, and Mr. Rudd.
Sec. 3.12 The motion to adjourn takes precedence over a vote on final
passage where the House has reconsidered the first vote on final
passage and where the previous question has been ordered by motion
to final passage.
On Sept. 20, 1979,(1) the following events occurred in
the House:
---------------------------------------------------------------------------
1. 125 Cong. Rec. 25512, 25513, 96th Cong. 1st Sess.
---------------------------------------------------------------------------
RECONSIDERATION OF VOTE ON HOUSE JOINT RESOLUTION 399,
CONTINUING APPROPRIATIONS, 1980
Mr. [Harold A.] VOLKMER [of Missouri]. Mr. Speaker, having
voted on the prevailing side, I move to reconsider the vote whereby
House Joint Resolution 399 was not passed.
The SPEAKER pro tempore (Mr. Rostenkowski).(2) The
Chair will inquire, did the gentleman vote no on final passage?
---------------------------------------------------------------------------
2. Dan Rostenkowski (IL).
---------------------------------------------------------------------------
Mr. VOLKMER. Mr. Speaker, I voted no on final passage.
The SPEAKER pro tempore. The gentleman qualifies.
The Clerk will report the motion.
The Clerk read as follows:
Mr. Volkmer moves to reconsider the vote whereby House
Joint Resolution 399 was not passed. . . .
Mr. [Gerald B. H.] SOLOMON [of New York]. Mr. Speaker, I move
that motion, that House Joint Resolution 399 be laid upon the
table.
The SPEAKER pro tempore. The Chair will state that is not in
order. It is not the right motion. The joint resolution itself
cannot be laid on the table, the previous question having been
ordered yesterday.
The question is on the motion to reconsider offered by the
gentleman from Missouri (Mr. Volkmer).
As many as are in favor of the motion will say aye.
Mr. SOLOMON. Mr. Speaker, I move to lay the motion on the
table.
The SPEAKER pro tempore. The Chair will state that he has put
the question on the motion offered by the gentleman from Missouri
and the question is being taken.
The motion offered by the gentleman from New York (Mr. Solomon)
to lay on the table has come too late.
The question is on the motion to reconsider offered by the
gentleman from Missouri (Mr. Volkmer).
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
recorded vote
Mr. [John J.] RHODES [of Arizona]. Mr. Speaker, I demand a
recorded vote.
[[Page 805]]
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes
214, noes 196, not voting 24, as follows:
[Roll No. 490] . . .
So the motion was agreed to.
The result of the vote was announced as above recorded.
motion offered by mr. grassley
Mr. [Charles E.] GRASSLEY [of Iowa]. Mr. Speaker, I offer a
motion.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Grassley moves to reconsider the vote whereby House
Joint Resolution 399 was read a third time and engrossed.
The SPEAKER pro tempore. The question is on the motion offered
by the gentleman from Iowa (Mr. Grassley).
The question was taken; and the Speaker pro tempore announced
that the noes appeared to have it.
Mr. GRASSLEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was refused.
So the motion was rejected.
The SPEAKER pro tempore. The question is on the passage of the
joint resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
preferential motion offered by mr. bethune
Mr. [Ed] BETHUNE [of Arkansas]. Mr. Speaker, I move that the
House do now adjourn.
The SPEAKER pro tempore. The motion to adjourn offered by the
gentleman from Arkansas (Mr. Bethune) is preferential and in order.
The question is on the preferential motion offered by the
gentleman from Arkansas (Mr. Bethune).
The preferential motion was rejected.
The SPEAKER pro tempore. The pending question is on the passage
of the joint resolution.
As many as are in favor will signify by saying ``aye''; as many
as are opposed will signify by saying ``no.''
In the opinion of the Chair, the ayes have it, and the joint
resolution is passed.
recorded vote
Mr. [Kenneth B.] KRAMER [of Colorado]. Mr. Speaker, I demand a
recorded vote.
The SPEAKER pro tempore. A recorded vote is demanded.
Mr. [George E.] DANIELSON [of California]. Mr. Speaker, I make
a point of order.
The SPEAKER pro tempore. The demand for a recorded vote is in
order.
So many as are in favor will stand and remain standing until
counted.
Forty-seven Members have arisen. A recorded vote is ordered.
parliamentary inquiry
Mr. [Mario] BIAGGI [of New York]. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. BIAGGI. Mr. Speaker, we had a voice vote on the previous
question,
[[Page 806]]
and then we had intervening business, a motion to adjourn. This is
not in order.
The SPEAKER pro tempore. The question on the passage was never
disposed of.
Forty-seven Members have arisen, a sufficient number. A
recorded vote is ordered.
As many as are in favor of the resolution will vote ``aye''; as
many as are opposed will vote ``no.''
The vote was taken by electronic device, and there were--ayes
196, noes 212, not voting 26, as follows:
[Roll No. 491] . . .
So the joint resolution was rejected.
The result of the vote was announced as above recorded.
Parliamentarian's Note: In light of this precedent, the question
becomes whether the motion to adjourn is in order pending
reconsideration after an initial vote on final passage where instead
the previous question has been ordered by adoption of a special order
governing consideration of the pending measure to final passage without
intervening motion (except one motion to recommit) and not by the
ordinary motion for the previous question. It has been held that the
motion to adjourn is not in order during consideration of a bill where
by special order ``the previous question shall be considered as ordered
. . . and final passage of the bill; and then, without intervening
motion, the vote shall be taken upon the third reading thereof, and
upon the final passage of the bill, and, should a motion to reconsider
be made, upon a motion to lay the latter motion on the
table.''(3) Similarly, the motion to adjourn was held out of
order pending the question of reconsideration of the vote on third
reading, under a special rule ordering the previous question on the
bill ``to its passage whereupon, without intervening motion, votes
shall be taken on said bill until the same shall have been fully
disposed of.''(4) These examples address the denial of
intervening motions, including motions to adjourn not only ``to'' but
``through'' final disposition of the motion to reconsider. A measure is
not considered ``finally'' disposed of until the motion to reconsider
is disposed of.(5) While clause 3 of Rule XIX specifically
gives the motion to adjourn precedence over the entry of a motion to
reconsider under the general rules of the House,(6) an
interpretation of a typical contemporary supervening special order as
reversing this priority and foreclosing the motion to adjourn
[[Page 807]]
until final passage has been finally voted, rather than merely reached,
would be appropriate and not governed by the 1979 ruling, consistent
with the Hinds' Precedents cited above and the proper meaning of
``final passage'' without intervening motion. Only where a record vote
on a motion to reconsider is postponed pursuant to clause 8 of Rule
XX(7) may the motion to adjourn then be entertained (since
the business of passage of the bill would no longer be
pending).(8)
---------------------------------------------------------------------------
3. 4 Hinds' Precedents Sec. 3212.
4. Id. at Sec. 3213.
5. See Ch. 23 Sec. 33, infra.
6. House Rules and Manual Sec. 1003 (2007).
7. Id. at Sec. 1030.
8. See Sec. 6.5, infra, for discussion of clause 6(c) of Rule XX
(House Rules and Manual Sec. 1025 [2007]) on a motion to
adjourn pending the result of a yea and nay vote.
---------------------------------------------------------------------------
Sec. 3.13 A motion to adjourn has the highest privilege in the House,
regardless of the lack of Senate action on a collateral matter.
On Friday, July 30, 1971,(1) a Member inquired whether a
motion to adjourn would be in order, given the parliamentary situation
at that time.
---------------------------------------------------------------------------
1. 117 Cong. Rec. 28332, 28333, 92d Cong. 1st Sess.
---------------------------------------------------------------------------
PARLIAMENTARY INQUIRY
Mr. [John] CONYERS [Jr., of Michigan]. Mr. Speaker, a
parliamentary inquiry.
The SPEAKER. (2) The gentleman from Michigan (Mr.
Conyers) will state his parliamentary inquiry.
---------------------------------------------------------------------------
2. Carl Albert (OK).
---------------------------------------------------------------------------
Mr. CONYERS. Mr. Speaker, in view of the fact that the Senate
has put the Lockheed matter over until Monday, would a motion to
adjourn be in order?
The SPEAKER. The Chair will state that of course a motion to
adjourn is always in order, and the relevance of side or collateral
issues is unimportant.
Mr. CONYERS. I thank the Speaker.
Sec. 3.14 Only one motion to adjourn is admissible during consideration
of a motion to suspend the rules.(1)
---------------------------------------------------------------------------
1. Rule XV clause 1(b), House Rules and Manual Sec. 890 (2007).
---------------------------------------------------------------------------
On July 21, 1947,(2) the following took place in the
House after a motion to suspend the rules was moved and seconded:
---------------------------------------------------------------------------
2. 93 Cong. Rec. 9523, 80th Cong. 1st Sess.
---------------------------------------------------------------------------
motion to adjourn
Mr. [Tom] PICKETT [of Texas]. Mr. Speaker, I move that the
House do now adjourn.
The question was taken; and on a division (demanded by Mr.
Pickett) there were--ayes 42, noes 261.
Mr. PICKETT. Mr. Speaker, I ask for tellers.
Tellers were ordered, and the Chair appointed as tellers Mr.
Gamble and Mr. Pickett.
The House again divided; and the tellers reported that there
were--ayes, 51, noes 149.
[[Page 808]]
Mr. PICKETT. Mr. Speaker, on that, I demand the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were--yeas 85, nays 299, not
voting 46, as follows:
[Roll No. 126]
Subsequently, during debate on the motion to suspend the rules, a
second motion to adjourn was made:(3)
---------------------------------------------------------------------------
3. Id. at p. 9529.
---------------------------------------------------------------------------
Mr. [Thomas J.] MURRAY of Tennessee. Mr. Speaker, I move that
the House do now adjourn.
The SPEAKER. (4) That motion is not in order. Under
the precedents, a motion to adjourn is not in order until the final
vote upon the motion to suspend the rules and pass the bill.
---------------------------------------------------------------------------
4. Joseph W. Martin, Jr. (MA).
---------------------------------------------------------------------------
When Another Member Has the Floor
Sec. 3.15 While the motion to adjourn is of highest privilege under
clause 4 of Rule XVI,(1) it may not be made while
another Member has the floor in debate.
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------
On Mar. 25, 1993,(2) the following proceedings occurred
on the floor of the House:
---------------------------------------------------------------------------
2. 139 Cong. Rec. 6372, 6373, 103d Cong. 1st Sess.
---------------------------------------------------------------------------
LEGISLATIVE PROGRAM
(Mr. Michel asked and was given permission to address the House
for 1 minute.)
Mr. [Robert H.] MICHEL [of Illinois]. Mr. Speaker, I ask for
this extended moment to inquire of the distinguished majority
leader the program for the next week.
Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, will the
gentleman yield?
Mr. MICHEL. I am happy to yield to the gentleman from Missouri.
Mr. GEPHARDT. Mr. Speaker, I thank the gentleman for yielding.
. . .
Mr. [Robert K.] DORNAN [of California]. . . .
What are we doing here? What is this ugliness and rudeness?
This is the worst session I have ever seen ever and where is the
Speaker, for God's sake? He disappeared a week ago.
The SPEAKER pro tempore (Mr. Lewis of Georgia).(3)
The Chair would advise the gentleman from California, the Speaker
is in the chair.
---------------------------------------------------------------------------
3. John R. Lewis (GA).
---------------------------------------------------------------------------
Mr. GEPHARDT. Mr. Speaker, will the gentleman yield?
Mr. MICHEL. I yield to the gentleman from Missouri.
Mr. GEPHARDT. Mr. Speaker, I simply want to say to the minority
leader that as he knows, we have had a number of conversations that
are continuing. We are trading proposals and ideas for how to
reasonably deal with special orders that would be an appropriate
way for all the Members and that Members could agree to.
We will continue to work as hard and as quickly on that as we
can and try to bring back to the membership a set of ideas that we
hope can gain support.
[[Page 809]]
-------------------REQUEST FOR MOTION
TO ADJOURN
Mr. [Gene] TAYLOR [of Mississippi]. Mr. Speaker, there being no
further legislative business before this body, I move that we
adjourn.
The SPEAKER pro tempore. The gentleman from Illinois [Mr.
Michel] has the floor.
Sec. 3.16 A motion to adjourn, while privileged, cannot be entertained
while another Member holds the floor but may be offered as soon as
the floor is yielded.
On June 6, 1968,(1) shortly after the House convened at
noon, Mr. Richard L. Ottinger, of New York, attempted to call up a
motion to adjourn which he had placed at the desk. However, the
Minority Leader, Gerald R. Ford, of Michigan, had just been granted the
floor by unanimous consent for one minute.
---------------------------------------------------------------------------
1. 114 Cong. Rec. 16225, 16226, 90th Cong. 2d Sess. See also 112 Cong.
Rec. 27727, 89th Cong. 2d Sess., Oct. 19, 1966.
---------------------------------------------------------------------------
LEGISLATIVE PROGRAM
Mr. Gerald R. FORD. Mr. Speaker, I ask unanimous consent to
proceed for 1 minute for the purpose of asking the distinguished
majority leader the program for today.
The SPEAKER.(2) Without objection, it is so ordered.
---------------------------------------------------------------------------
2. John W. McCormack (MA).
---------------------------------------------------------------------------
There was no objection.
Mr. OTTINGER. Mr. Speaker, I have a privileged motion at the
desk.
The SPEAKER. The Chair will state that the gentleman from
Michigan [Mr. Gerald R. Ford] has the floor at the present time and
has been recognized.
When Mr. Ford's time was up, Mr. Ottinger again offered his
privileged motion, which was rejected.(3)
---------------------------------------------------------------------------
3. 114 Cong. Rec. 16225, 90th Cong. 2d Sess., June 6, 1968.
---------------------------------------------------------------------------
PRIVILEGED MOTION TO ADJOURN OFFERED BY MR. OTTINGER
Mr. OTTINGER. Mr. Speaker, I offer a privileged motion.
The SPEAKER. The Clerk will report the motion.
The Clerk read as follows:
Mr. Ottinger moves that the House do now adjourn.
The question was taken, and the Speaker announced that the noes
appeared to have it.
Mr. [Benjamin S.] ROSENTHAL [of New York]. Mr. Speaker--
The SPEAKER. The Chair recognizes the gentleman from New York
[Mr. Ottinger].
Mr. OTTINGER. I object to the vote on the ground that a quorum
is not present.
The SPEAKER. The Chair will protect the gentleman who is making
the motion.
Mr. OTTINGER. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a
quorum is not present.
[[Page 810]]
The SPEAKER. The gentleman from New York [Mr. Ottinger] objects
to the vote on the ground that a quorum is not present and makes
the point of order that a quorum is not present. Evidently a quorum
is not present.
The Doorkeeper will close the doors, the Sergeant at Arms will
notify absent Members, and the Clerk will call the roll.
The question was taken; and there were--yeas 70, nays 301, not
voting 62. . . .
So the motion was rejected.
Parliamentarian's Note: Mr. Ottinger, who offered the motion to
adjourn shortly after the House convened, had urged the Speaker to
agree to the early adjournment of the House as a tribute to the late
Senator Robert F. Kennedy, who had died in the early hours of that
morning from bullet wounds inflicted in Los Angeles, California, the
previous evening.
The Speaker pointed out to Mr. Ottinger that the Senate was
planning to conduct business prior to its adjournment and that
precedents of the House indicated that it was customary to proceed with
business on such occasions. Mr. Ottinger had nonetheless remained most
anxious to offer the motion and so was recognized.
Sec. 3.17 A motion to adjourn is not in order while another Member
holds the floor unless the Member with the floor yields for such
motion.
On Oct. 18, 1945,(1) a Member yielded to another Member,
who then moved for adjournment.
---------------------------------------------------------------------------
1. 91 Cong. Rec. 9814, 79th Cong. 1st Sess. See also 109 Cong. Rec.
10152, 88th Cong. 1st Sess., June 4, 1963.
---------------------------------------------------------------------------
Mr. [John Edward] SHERIDAN [of Pennsylvania]. Mr. Speaker, will
the gentleman yield?
Mr. [Edward E.] COX [of Georgia]. I yield to the gentleman from
Pennsylvania.
Mr. SHERIDAN. Mr. Speaker, I move that the House do now
adjourn.
The SPEAKER.(2) Does the gentleman from Georgia
yield for that purpose?
---------------------------------------------------------------------------
2. Sam Rayburn (TX).
---------------------------------------------------------------------------
Mr. COX. Mr. Speaker, I do not yield for that purpose, and the
gentleman should not have taken advantage of the courtesy I
extended to him.
During Parliamentary Inquiries
Sec. 3.18 The motion to adjourn is not in order when offered during
time yielded for a parliamentary inquiry.
On June 3, 1964,(1) a Member who had the floor for
debate and who yielded for a parliamentary inquiry could not then be
deprived of the floor by a motion to adjourn:
---------------------------------------------------------------------------
1. 110 Cong. Rec. 12522, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Alphonzo] BELL [of California]. Mr. Speaker, it is my
feeling that the
[[Page 811]]
Job Corps proposal does not provide the specialized instruction to
meet this need.
Such retraining must be carried out where the facilities, the
equipment, and the trained personnel are available.
Mr. [Paul C.] JONES of Missouri. Mr. Speaker, a parliamentary
inquiry.
The SPEAKER pro tempore.(2) Does the gentleman yield
for a parliamentary inquiry?
---------------------------------------------------------------------------
2. Carl Albert (OK).
---------------------------------------------------------------------------
Mr. BELL. Mr. Speaker, I yield.
Mr. JONES of Missouri. Mr. Speaker, is a motion to adjourn now
in order?
The SPEAKER pro tempore. If the gentleman yields for that
purpose.
Mr. JONES of Missouri. This is a parliamentary inquiry. I tried
to propound a parliamentary inquiry a minute ago, but I could not
get any response.
Mr. Speaker, I move that the House do now adjourn.
The SPEAKER pro tempore. The gentleman's motion is out of
order.
Mr. JONES of Missouri. It is out of order?
The SPEAKER pro tempore. Unless the gentleman yields for that
purpose.
Mr. BELL. Mr. Speaker, I do not yield.
May Not Be Repeated in Absence of Intervening Business
Sec. 3.19 While the motion to adjourn has the highest privilege in the
House under clause 4 of Rule XVI,(1) it may not be
repeated in the absence of intervening business.
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------
On July 31, 1975,(2) the following proceedings occurred
in the House:
---------------------------------------------------------------------------
2. 121 Cong. Rec. 26243, 94th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Charles J.] GARNEY [of Ohio]. Mr. Speaker, I move that the
House do now adjourn.
The SPEAKER.(3) The gentleman from Ohio moves that
the House do now adjourn.
---------------------------------------------------------------------------
3. Carl Albert (OK).
---------------------------------------------------------------------------
Mr. [John J.] RHODES [of Arizona]. Mr. Speaker, on that I
demand the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were--yeas 184, nays 195,
answered ``present'' 1, not voting 54, as follows:
[Roll No. 474] . . .
So the motion was rejected.
The Clerk announced the following pair:
On this vote:
Mr. O'Hara for, with Mr. Ruppe, against.
Mr. [Philip E.] RUPPE [of Michigan]. Mr. Speaker, I have a live
pair with the gentleman from Michigan (Mr. O'Hara). If he were
present he would have voted ``yea.'' I voted ``nay.'' I withdraw my
vote and vote ``present.''
The result of the vote was announced as above recorded.
Mr. John L. BURTON [of California]. Mr. Speaker, I move that
the House do now adjourn.
[[Page 812]]
The SPEAKER. The motion is not in order since we just had a
vote on a similar motion and there has been no intervening business
or debate.
Mr. John L. BURTON. Mr. Speaker, I thought a motion to adjourn
is always in order.
The SPEAKER. The Chair will take unanimous-consent requests.
Calls of the House
Sec. 3.20 A motion to adjourn is in order following a call of the
House, and it is not necessary that the Chair announce that a
quorum has failed to respond before entertaining the motion to
adjourn.
On Oct. 14, 1969,(1) a quorum not being present, a
motion to adjourn was made following a call of the House.
---------------------------------------------------------------------------
1. 115 Cong. Rec. 30054, 30055, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [Gillespie V.] MONTGOMERY [of Mississippi]. Mr. Speaker, I
make the point of order that a quorum is not present.
The SPEAKER.(2) Evidently a quorum is not present.
---------------------------------------------------------------------------
2. John W. McCormack (MA).
---------------------------------------------------------------------------
Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I move a call of
the House.
A call of the House was ordered.
The Clerk called the roll, and the following Members failed to
answer to their names:
[Roll No. 223] . . .
Mr. [Donald M.] FRASER [of Minnesota]. Mr. Speaker, a
parliamentary inquiry.
The SPEAKER. The gentleman will state it.
Mr. FRASER. I would like to ask, if I may, where the matter
stands now of the call of the House which was made by the majority
leader. As I understand it, there is not yet a quorum recorded at
the desk.
The SPEAKER. The gentleman is correct.
Mr. FRASER. Now, Mr. Speaker, what are the options open to the
House at this point?
The SPEAKER. The Chair is patiently waiting to see. Regular
order is the establishment of a quorum. If a quorum is not
established, then a motion to adjourn would be in order.
Mr. FRASER. Mr. Speaker, am I correct that if a quorum is not
established, there are only two choices open to the House--either a
motion to adjourn or a motion to instruct the Sergeant at Arms to
produce the missing Members?
The SPEAKER. The gentleman is correct.
Mr. FRASER. Mr. Speaker, so long as a quorum is not produced
and in the event the House should instruct the Sergeant at Arms,
would it be possible for the House to proceed, or would the House
have to stand in abeyance with no further proceedings?
The SPEAKER. The Chair will state that the House cannot do
business without a quorum.
Mr. FRASER. Mr. Speaker, a further parliamentary inquiry.
[[Page 813]]
The SPEAKER. The gentleman will state it.
Mr. FRASER. Mr. Speaker, in order to see if I have that point
clearly in mind, if there were an instruction to bring in absent
Members and it did not succeed during the period of time, during
that period of time the House could proceed with no other business;
is that correct?
The SPEAKER. The House cannot proceed at all until a quorum is
established.
Mr. [James H.] QUILLEN [of Tennessee]. Mr. Speaker--
The SPEAKER. For what purpose does the gentleman from Tennessee
rise?
Mr. QUILLEN. Mr. Speaker, due to the lack of a quorum, I move
that the House do now adjourn.
Mr. [Sidney R.] YATES [of Illinois]. Mr. Speaker, on that I ask
for the yeas and nays.
Mr. [Hale] BOGGS [of Louisiana]. Mr. Speaker, a parliamentary
inquiry.
The SPEAKER. The gentleman from Louisiana will state his
parliamentary inquiry.
Mr. BOGGS. Mr. Speaker, does it require a quorum to adjourn?
The SPEAKER. The Chair will state to the gentleman from
Louisiana that it does not require a quorum.
Sec. 3.21 A quorum not being present, no motion is in order but for a
call of the House or a motion to adjourn, and the motion to adjourn
takes precedence over a motion for a call of the House.
On June 12, 1963,(1) when a motion for a call of the
House and a motion to adjourn were both before the House, the Speaker
announced that the question was on the motion to adjourn.
---------------------------------------------------------------------------
1. 109 Cong. Rec. 10739, 88th Cong. 1st Sess.
Parliamentarian's Note: Following a point of order that a
quorum was not present and prior to the ascertainment thereof
by the Chair, a Member moved a call of the House. Another
Member immediately moved to adjourn. The Chair recognized the
latter and put the question on the higher privileged motion to
adjourn. On a division vote, the House refused to adjourn. In
response to a parliamentary inquiry, the Chair stated that the
point of order that a quorum was not present had not been
renewed after the House had refused to adjourn.
---------------------------------------------------------------------------
Mr. [Frank. J.] BECKER [of New York]. Mr. Speaker, I make the
point of order a quorum is not present.
Mr. [Donald C.] BRUCE [of Indiana]. Mr. Speaker, I move a call
of the House.
Mr. [Wayne L.] HAYS [of Ohio]. Mr. Speaker, I move that the
House do now adjourn.
The SPEAKER pro tempore.(2) The question is on the
motion that the House do now adjourn.
---------------------------------------------------------------------------
2. W. Homer Thornberry (TX).
---------------------------------------------------------------------------
The question was taken; and on a division (demanded by Mr.
Bruce) there were--ayes 23, noes 34.
So the motion was rejected.
Sec. 3.22 A motion to adjourn in the absence of a quorum is
[[Page 814]]
not entertained after a call of the House has been ordered by
motion.
On June 4, 1963,(1) time allotted to two Members of the
minority under previous order of the House was interrupted by seven
quorum calls, seven division votes, a yea and nay vote, and various
motions, including a motion to adjourn. The motion to adjourn was not
entertained because the absence of a quorum had been noted and a quorum
call had already been ordered.
---------------------------------------------------------------------------
1. 109 Cong. Rec. 10152, 88th Cong. 1st Sess.
---------------------------------------------------------------------------
Mr. [John Bell] WILLIAMS [of Mississippi]. Mr. Speaker, since
45 or 50 Members have left the floor, I make the point of order a
quorum is not present.
The SPEAKER. (2) Evidently a quorum now is not
present.
---------------------------------------------------------------------------
2. John W. McCormack (MA).
---------------------------------------------------------------------------
Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I move a call of
the House.
A call of the House was ordered.
The SPEAKER. The Clerk will call the roll.
Mr. WILLIAMS. Mr. Speaker, I move that the House do now
adjourn.
The SPEAKER. The Chair will state that a call of the House has
been ordered.
The Clerk will call the roll.
Sec. 3.23 A motion to adjourn is in order pending a point of order that
a quorum is not present, but is not entertained after the Clerk has
commenced to call the roll after a call of the House is ordered and
a Member has responded to his name.
On June 3, 1960,(1) the following took place in the
House with regard to the timing of a motion to adjourn:
---------------------------------------------------------------------------
1. 106 Cong. Rec 11828, 11829, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
CALL OF THE HOUSE
Mr. [Silvio O.] CONTE [of Massachusetts]. Mr. Speaker, I make
the point of order that a quorum is not present.
The SPEAKER pro tempore (Mr. Albert).(2) Obviously a
quorum is not present.
---------------------------------------------------------------------------
2. Carl Albert (OK).
---------------------------------------------------------------------------
Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move
a call of the House.
A call of the House was ordered.
Mr. [Clare E.] HOFFMAN of Michigan. Mr. Speaker, a
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. HOFFMAN of Michigan. Is a motion to adjourn in order?
The SPEAKER pro tempore. Not now. The Chair will advise that a
call of the House has been ordered.
Mr. HOFFMAN of Michigan. Can a member of the minority--
The regular order was demanded.
The SPEAKER pro tempore. The regular order is demanded. The
Clerk will call the roll.
[[Page 815]]
Sec. 3.24 The motion to adjourn takes precedence of a motion for a call
of the House.
On Apr. 24, 1956,(1) a point of order was made that a
quorum was not present and, prior to ascertainment thereof by the
Chair, a Member moved a call of the House, and another Member
immediately moved to adjourn; the Chair recognized the latter and put
the question on the higher privileged motion to adjourn. The following
took place in the House:
---------------------------------------------------------------------------
1. 102 Cong. Rec. 6891, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Wayne L.] HAYS of Ohio. Mr. Speaker, I move that the House
do now adjourn.
The SPEAKER.(2) If the gentleman from Georgia
retains the floor, that motion is not in order.
---------------------------------------------------------------------------
2. Sam Rayburn (TX).
---------------------------------------------------------------------------
Mr. [Carl] VINSON [of Georgia]. I retain it, Mr. Speaker. I am
just moving around to get a little exercise.
The SPEAKER. Does the gentleman from Mississippi insist upon
his point of no quorum?
Mr. [William M.] COLMER [of Mississippi]. Mr. Speaker, I insist
upon the point of no quorum.
The SPEAKER. The Chair will count. Evidently there is no quorum
present.
Mr. [John W.] McCORMACK [of Massachusetts]. Mr. Speaker, I move
a call of the House.
Mr. HAYS of Ohio. Mr. Speaker, I move that the House do now
adjourn.
The SPEAKER. The motion to adjourn is a privileged motion. The
question is on the motion.
The motion was rejected.
The SPEAKER. The question is on the motion offered by the
gentleman from Massachusetts.
A call of the House was ordered.
Sec. 3.25 A motion to adjourn is in order pending a point of order that
a quorum is not present.
On Aug. 24, 1949,(1) after a point of order was made
that a quorum was not in attendance, but before any action had been
taken on the point of order, a motion to adjourn was entertained, voted
on, and agreed to:
---------------------------------------------------------------------------
1. 95 Cong. Rec. 12191, 81st Cong. 1st Sess.
---------------------------------------------------------------------------
adjournment
Mr. [Frank B.] KEEFE [of Wisconsin]. Mr. Speaker, I make the
point of order that a quorum is not present.
Mr. [J. Percy] PRIEST [of Tennessee]. Mr. Speaker, I move that
the House do now adjourn.
The SPEAKER.(2) The question is on the motion.
---------------------------------------------------------------------------
2. Sam Rayburn (TX).
---------------------------------------------------------------------------
The question was taken; and on a division (demanded by Mr.
Keefe) there were--ayes 49, noes 38.
Mr. [Vito] MARCANTONIO [of New York]. Mr. Speaker, I demand the
yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were--yeas 186, nays 132, not
voting 114, as follows:
[[Page 816]]
[Roll No. 197] . . .
So the motion was agreed to.
Precedence Over Questions of Privilege
Sec. 3.26 A question of privilege is not entertained pending a vote on
a motion to adjourn.
On Apr. 15, 1970,(1) a Member moved for adjournment, and
while that motion was pending, another Member rose to a point of
privilege.
---------------------------------------------------------------------------
1. 116 Cong. Rec. 11940, 11941, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
Mr. [Wayne L.] HAYS [of Ohio]. Mr. Speaker, I move that the
House do now adjourn.
The SPEAKER pro tempore.(2) The question is on the
motion offered by the gentleman from Ohio.
---------------------------------------------------------------------------
2. Charles M. Price (IL).
---------------------------------------------------------------------------
The question was taken, and the Speaker pro tempore announced
that the noes appeared to have it.
Mr. HAYS. Mr. Speaker, I object to the vote on the ground that
a quorum is not present and make the point of order that a quorum
is not present.
Mr. Justice Douglas has been on the Bench for a great many
years, and he can wait for one more night. I have not had my
dinner.
The SPEAKER pro tempore. The Chair will count.
Mr. HAYS. Mr. Speaker, I am willing to withhold my motion if
the gentleman wants to ask permission to insert his remarks, but
obviously all these speeches were written by the same author, and I
do not think we ought to have to sit here and listen to them.
Mr. [William L.] SCOTT [of Virginia]. Mr. Speaker, if the
gentleman will yield, my remarks will not take more than 10
minutes.
Mr. HAYS. I have been hearing that for a long time now.
Mr. [Louis C.] WYMAN [of New Hampshire]. Mr. Speaker, I rise to
a point of special privilege.
The SPEAKER pro tempore. There is a motion pending.
Mr. HAYS. Mr. Speaker, I insist on the point of order.
The SPEAKER pro tempore. The gentleman from Ohio insists on the
point of order.
Evidently a quorum is not present.
The Doorkeeper will close the doors, the Sergeant at Arms will
notify absent Members, and the Clerk will call the roll.
Beyond Constitutional Term
Sec. 3.27 A motion that when the House adjourns that day it stand
adjourned until a date beyond the constitutional term of that
Congress is not in order under art. I clause 4 of the Constitution,
and under clause 4 of Rule XVI.(1)
---------------------------------------------------------------------------
1. House Rules and Manual Sec. 911 (2007).
---------------------------------------------------------------------------
On Apr. 18, 2002,(2) a motion that the House adjourn to
a stated
[[Page 817]]
date nine years hence was ruled out of order:
---------------------------------------------------------------------------
2. 148 Cong. Rec. 4969, 107th Cong. 2d Sess.
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Mr. [Charles B.] RANGEL [of New York]. Mr. Speaker, I yield 2
1/2 minutes to the gentleman from Wisconsin (Mr. Kleczka), a member
of the Committee on Ways and Means.
request for motion to adjourn
Mr. [Gerald D.] KLECZKA [of Wisconsin]. Mr. Speaker, I move
that the House, upon conclusion of today's business, adjourn until
noon, January 1, 2011.
The SPEAKER pro tempore.(3) That motion is not in
order at this time.
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3. Michael K. Simpson (ID).
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Mr. KLECZKA. Well, Mr. Speaker, if it was in order, it would
give some rationale to the bill before the House.
By Chair's Initiative
Sec. 3.28 The Speaker pro tempore, the only Member present in the
Chamber: (1) convened the House; (2) led the House in the pledge of
allegiance; and (3) adjourned the House (by unanimous consent sua
sponte).
On Feb. 3, 2000,(1) the following proceedings took place
in the House:
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1. 146 Cong. Rec. 596, 107th Cong. 1st Sess.
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The House met at 10 a.m. and was called to order by the Speaker
pro tempore (Mr. Ryan of Wisconsin). . .
. -------------------
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore.(2) The Chair will lead the
House in the Pledge of Allegiance. . . .
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2. Paul Ryan (WI). -------------------
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ADJOURNMENT
The SPEAKER pro tempore. Without objection, the House stands
adjourned until 2 p.m. on Monday next.
There was no objection.
Accordingly (at 10 o'clock and 2 minutes a.m.), under its
previous order, the House adjourned until Monday, February 7, 2000,
at 2 p.m.
Parliamentarian's Note: This form of unanimous consent is now
common practice on ``pro forma days'' when no special orders or one-
minute speeches are scheduled.(3)
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3. This was the first instance of this kind in the 106th Congress. For
similar instances see 144 Cong. Rec. 4297, 4298, 105th Cong. 2d
Sess., Mar. 23, 1998; 144 Cong. Rec. 2847, 2848, 105th Cong. 2d
Sess., Mar. 9, 1998; 143 Cong. Rec. 19614, 105th Cong. 1st
Sess., Sept. 22, 1997; 143 Cong. Rec. 11732, 105th Cong. 1st
Sess., June 21, 1997; 143 Cong. Rec. 10344, 105th Cong. 1st
Sess., June 7, 1997; 143 Cong. Rec. 9648, 9649, 105th Cong. 1st
Sess., May 30, 1997; 143 Cong. Rec. 9646, 105th Cong. 1st
Sess., May 27, 1997; 142 Cong. Rec. 2763, 2764, 104th Cong. 2d
Sess., Feb. 16, 1996; and 141 Cong. Rec. 28740, 28774, 104th
Cong. 1st Sess., Oct. 20, 1995.
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[[Page 818]]
Sec. 3.29 The Speaker has adjourned the House overnight on his own
initiative by unanimous consent.
On Dec. 11, 1944,(1) the following transpired in the
House:
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1. 90 Cong. Rec. 9209, 78th Cong. 2d Sess.
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The SPEAKER.(2) Without objection, the House will
stand adjourned until 12 o'clock noon tomorrow.
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2. Sam Rayburn (TX).
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There was no objection; thereupon (at 5 o'clock and 44 minutes
p.m.) the House adjourned until tomorrow, Tuesday, December 12,
1944, at 12 o'clock noon.
By Minority Member
Sec. 3.30 The Speaker pro tempore having attempted by unanimous consent
to adjourn the House at the end of special-order speeches and there
being an objection, the objecting minority member on the floor was
then recognized to move adjournment--there being no majority member
on the floor at that time.(1)
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1. This was customarily the prerogative for recognition through the
98th Congress.
Parliamentarian's Note: While no longer the current
practice, in 1984 the Parliamentarian could not recall a recent
example of a minority Member moving adjournment at the end of
special-order speeches on a day, nor could he recall the Chair
adjourning the House by unanimous consent.
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On May 23, 1984,(2) the following events occurred on the
floor of the House:
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2. 130 Cong. Rec. 13960, 98th Cong. 2d Sess.
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ADJOURNMENT
The SPEAKER pro tempore.(3) Without objection, the
House stands adjourned.
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3. Sander M. Levin (MI).
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Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker, I
object.
The SPEAKER pro tempore. Does the gentleman from Pennsylvania
(Mr. Walker) have a motion?
Mr. WALKER. Mr. Speaker, I have always wanted to do this.
The SPEAKER pro tempore. The Chair is going to recognize the
gentleman from Pennsylvania (Mr. Walker).
Mr. WALKER. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 11 o'clock and 37
minutes p.m.) the House adjourned until tomorrow, Thursday, May 24,
1984, at 10 a.m.
Withdrawal of Motion
Sec. 3.31 A motion to adjourn may be withdrawn by the mover thereof,
and unanimous consent for that action is not required.
On Oct. 14, 1969,(1) when a Member asked unanimous
consent
[[Page 819]]
to withdraw his motion to adjourn, two Members objected. The Speaker
ruled unanimous consent unnecessary and allowed the Member to withdraw
his motion.
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1. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
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Mr. [Sidney R.] YATES [of Illinois]. Mr. Speaker, a
parliamentary inquiry.
The SPEAKER.(2) The gentleman will state it.
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2. John W. McCormack (MA).
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Mr. YATES. Is there not a motion to adjourn pending upon which
I have asked for the yeas and nays?
The SPEAKER. The gentleman's inquiry is correct.
Mr. [James H.] QUILLEN [of Tennessee]. Mr. Speaker, I ask
unanimous consent to withdraw my motion to adjourn.
Mr. YATES. Mr. Speaker, I object.
Mr. [William S.] MOORHEAD [of Pennsylvania]. Mr. Speaker, I
object.
The SPEAKER. The Chair will state that it does not require
unanimous consent to withdraw the gentleman's motion.
Mr. QUILLEN. Mr. Speaker, I withdraw my motion and I yield to
the majority leader.
Sec. 3.32 Where a Member moves to adjourn and then withdraws the
motion, the Member loses the floor, and the Speaker may then
recognize another Member of the House to renew the motion.
On Oct. 14, 1969,(1) a Member withdrawing his motion to
adjourn stated his intention to yield to the Majority Leader. The
Speaker advised the Member that on withdrawing his motion to adjourn he
would lose the floor.
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1. 115 Cong. Rec. 30055, 91st Cong. 1st Sess.
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Mr. [James H.] QUILLEN [of Tennessee]. Mr. Speaker, I withdraw
my motion [to adjourn] and I yield to the majority leader.
The SPEAKER.(2) The Chair will state the gentleman
from Tennessee does not have that privilege. The Chair has the
privilege of recognition when the gentleman has withdrawn his
motion. The Chair recognizes the gentleman from Oklahoma.
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2. John W. McCormack (MA).
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Mr. [Carl] ALBERT [of Oklahoma]. Mr. Speaker, I would prefer
not to make this motion at this time, but in view of the
parliamentary situation, I move that the House do now adjourn.
Mr. [Sidney R.] YATES [of Illinois]. Mr. Speaker, on that I
demand the yeas and nays.
In Memory
Sec. 3.33 In at least one instance, a Member has offered a motion to
adjourn ``in memory of'' a deceased Member without the House having
adopted a resolution so marking the day's adjournment.
On Oct. 28, 1997,(1) the House adjourned in memory of
Rep. Walter H. Capps, of California, who had died earlier that day:
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1. 143 Cong. Rec. 23557, 105th Cong. 1st Sess. For additional
information on adjourning out of respect for deceased Members,
see Ch. 38 infra.
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[[Page 820]]
ADJOURNMENT
Mr. [Vic] FAZIO of California. Mr. Speaker, it is with great
regret that I move that the House do now adjourn in memory of the
late Honorable Walter H. Capps, our dear departed colleague.
The motion was agreed to; accordingly (at 9 o'clock and 12
minutes p.m.), the House adjourned until tomorrow, Wednesday,
October 29, 1997, at 10 a.m., in memory of the late Honorable
Walter H. Capps of California.