[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 40. Adjournment]
[C. Adjournment Sine Die]
[§ 15. Conditional Adjournments Sine Die; Recall]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 916-929]
CHAPTER 40
Adjournment
C. Adjournment Sine Die
Sec. 15. Conditional Adjournments Sine Die; Recall
The first examples of coupling sine die adjournment with the
conferral of leadership recall authority during the sine die period
were in the 93d Congress, on Dec. 22, 1973, and on Dec. 20,
1974.(1) Inclusion of leadership recall authority in
adjournment resolutions was discontinued in 1975 and reinstituted in
the 101st Congress, second session, when the joint recall authority was
conferred only on the majority leaderships (not separately on the joint
minority leaderships, who merely had to be consulted).(2)
The form of leadership recall authority as reinstituted in the 101st
Congress remained the practice through the 108th
Congress.(3)
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1. See Sec. Sec. 15.10, 15.11, infra.
2. See Sec. 15.7, infra.
3. See Sec. Sec. 15.1, 15.15, infra.
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Before the inclusion of leadership recall authority, only the
President could reconvene either or both Houses after sine die
adjournment, pursuant to art. II, Sec. 3 of the Constitution. The
President's authority in the same section to adjourn the two Houses to
such time as he shall think proper, where there is a disagreement
between the two Houses, has never been used.
See also Sec. 13, supra, for discussion of leadership recall
authority included in concurrent resolutions providing for adjournment
to a day certain. The now-standard recall language allowing reassembly
at another ``place'' was first used
[[Page 917]]
on Oct. 17, 2001,(4) and the language empowering designees
of the Speaker and the Senate Majority Leader to exercise the recall
authority in exigent circumstances was first included on July 26,
2002.(5)
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4. See Sec. 13.6, supra.
5. See Sec. 13.5, supra.
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See also Sec. 13, supra, for discussion of adjournments to a day
and time certain immediately before the constitutional end of a
Congress on Jan. 3 of an odd-numbered year with recall authority, in
effect tantamount to a sine die adjournment with recall, but treated as
continuation of the existing session rather than a new (third) session
upon the recall. -------------------
Sec. 15.1 The House agreed to a privileged concurrent resolution
providing for adjournment of the Congress sine die including
alternate departure dates for each House and provision for joint-
leadership recall.
On Dec. 7, 2004,(1) the Majority Leader offered the
following privileged concurrent resolution:
---------------------------------------------------------------------------
1. 150 Cong. Rec. 25708, 108th Cong. 2d Sess.
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PROVIDING FOR SINE DIE ADJOURNMENT OF SECOND SESSION OF 108TH
CONGRESS
Mr. [Tom] DeLAY [of Texas]. Mr. Speaker, I offer a privileged
concurrent resolution (H. Con. Res. 531) and ask for its immediate
consideration.
The Clerk read the concurrent resolution, as follows:
H. Con. Res. 531
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on any legislative
day from Tuesday, December 7, 2004, through Friday, December
10, 2004, on a motion offered pursuant to this concurrent
resolution by its Majority Leader or his designee, it stand
adjourned sine die, or until the time of any reassembly
pursuant to section 2 of this concurrent resolution; and that
when the Senate adjourns on any day from Tuesday, December 7,
2004, through Saturday, December 11, 2004, on a motion offered
pursuant to this concurrent resolution by its Majority Leader
or his designee, it stand adjourned sine die, or until the time
of any reassembly pursuant to section 2 of this concurrent
resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, or their respective designees, acting jointly after
consultation with the Minority Leader of the House and the
Minority Leader of the Senate, shall notify the Members of the
House and the Senate, respectively, to reassemble at such place
and time as they may designate whenever, in their opinion, the
public interest shall warrant it.
The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
Sec. 15.2 Pursuant to notice issued by the Speaker under
[[Page 918]]
authority conferred in a concurrent resolution of adjournment, the
House reassembled from a second session adjournment sine die as a
continuation of that session.
On Dec. 17, 1998,(1) the following occurred:
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1. 144 Cong. Rec. 27770, 105th Cong. 2d Sess.
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Pursuant to section 3 of House Concurrent Resolution 353, One
Hundred Fifth Congress, the House met at 10 a.m. and was called to
order by the Speaker, Hon. Newt
Gingrich. -------------------
NOTIFICATION OF REASSEMBLING OF CONGRESS
The SPEAKER.(2) The Chair lays before the House the
text of the formal notification sent to Members on Monday, December
14, 1998, of the reassembling of the House, which the Clerk will
read.
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2. Newt Gingrich (GA).
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The Clerk read as follows:
Office of the Speaker,
Washington, DC, December 14, 1998.
Pursuant to section 3 of House Concurrent Resolution 353
and after consultation with the Minority Leader, the public
interest requires the Members of the House of Representatives
to reassemble at 10 a.m. on Thursday, December 17, 1998. The
Sergeant at Arms is directed to notify all Members of the
reassembly of the House of Representatives for the second
session of the One Hundred Fifth Congress.
Sincerely yours,
Newt Gingrich,
Speaker.
Parliamentarian's Note: As the Speaker's notification itself
indicates, the reassembly of the House (the House and Senate having
adjourned sine die) became a continuation of the second session rather
than a new third session, under the terms of the concurrent resolution.
Sec. 15.3 Form of privileged concurrent resolution of adjournment sine
die providing both joint-leadership recall authority and House-only
recall authority with subsequent sine die House adjournment if
utilized.
On Oct. 20, 1998,(1) the following privileged concurrent
resolution was considered in the House:
---------------------------------------------------------------------------
1. 144 Cong. Rec. 27348, 105th Cong. 2d Sess.
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PROVIDING FOR ADJOURNMENT SINE DIE OF THE CONGRESS ON
WEDNESDAY, OCTOBER 21, 1998, OR THURSDAY, OCTOBER 22, 1998
Mr. [Gerald B. H.] SOLOMON [of New York]. Mr. Speaker, I offer
a privileged concurrent resolution (H. Con. Res. 353) and ask for
its immediate consideration.
The Clerk read the concurrent resolution, as follows:
[[Page 919]]
H. Con. Res. 353
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Wednesday, October 21, 1998, or Thursday, October 22,
1998, on a motion offered pursuant to this concurrent
resolution by its Majority Leader or his designee, it stand
adjourned sine die or until noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this concurrent resolution, or until a time designated pursuant
to section 2 of this resolution; and that when the Senate
adjourns on Wednesday, October 21, 1998, or Thursday, October
22, 1998, on a motion offered pursuant to this concurrent
resolution by its Majority Leader or his designee, it stand
adjourned sine die, or until noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this concurrent resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the Minority
Leader of the House and the Minority Leader of the Senate,
shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
Sec. 3. During any adjournment of the House pursuant to
this concurrent resolution, the Speaker, acting after
consultation with the Minority Leader, may notify the Members
of the House to reassemble whenever, in his opinion, the public
interest shall warrant it. After reassembling pursuant to this
section, when the House adjourns on any day on a motion offered
pursuant to this section by its Majority Leader or his
designee, the House shall again stand adjourned pursuant to the
first section of this concurrent resolution.
The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
Parliamentarian's Note: The House needed separate recall authority,
independent of the Senate, in order to be prepared to consider
potential articles of impeachment reported from the Committee on the
Judiciary following the sine die adjournment. The House was recalled by
Speaker Gingrich on Dec. 17, 1998.(2)
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2. See Sec. 15.2, supra.
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Subsequently, on Oct. 21, 1998,(3) the House adjourned
sine die.
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3. 144 Cong. Rec. 27410, 105th Cong. 2d Sess. See also Sec. 17.3,
infra.
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SINE DIE ADJOURNMENT
Mr. [Gerald B. H. SOLOMON] [of New York]. Mr. Speaker, pursuant
to House concurrent resolution 353 and as the designee of the
majority leader, I move that the House do now adjourn.
The motion was agreed to.
The SPEAKER pro tempore.(4) In accordance with the
provisions of House Concurrent Resolution 353, the Chair declares
the second session of the 105th Congress adjourned sine die.
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4. Edward A. Pease (IN).
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Thereupon (at 5 o'clock and 56 minutes p.m.), pursuant to House
Concurrent Resolution 353, the House adjourned.
Sec. 15.4 The House agreed to a privileged Senate concurrent resolution
providing for the
[[Page 920]]
adjournment sine die of the first session of a Congress (subject to
recall by the joint House-Senate majority leaderships) and
declaring the position of the Congress with respect to the
assertion by the President of a ``pocket veto'' power between
sessions of a Congress.
On Nov. 13, 1997,(1) the Speaker pro
tempore(2) laid before the House a privileged Senate
concurrent resolution on the Speaker's table providing for an
adjournment sine die of the first session and an assertion that the
``pocket veto'' not be used during a first session sine die
adjournment:
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1. 143 Cong. Rec. 26538, 26539, 105th Cong. 1st Sess. See Ch. 24,
infra, for additional information on pocket vetoes.
2. Ray LaHood (IL).
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ADJOURNMENT SINE DIE OF FIRST SESSION OF ONE HUNDRED FIFTH
CONGRESS
The SPEAKER pro tempore (Mr. LaHood). The Chair lays before the
House a Senate concurrent resolution (S. Con. Res. 68) to adjourn
sine die the First Session of the One Hundred Fifth Congress, as a
question of the privileges of the House.
The Clerk read the Senate Concurrent Resolution as follows:
S. Con. Res. 68
Resolved by the Senate (the House of Representatives
concurring), That when the House adjourns on the legislative
day of Thursday, November 13, 1997, or Friday, November 14,
1997, on a motion offered pursuant to this concurrent
resolution by the Majority Leader or his designee, it stand
adjourned sine die, or until noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this concurrent resolution, and that when the Senate adjourns
on Thursday, November 13, 1997, or Friday, November 14, 1997,
on a motion offered pursuant to this concurrent resolution by
the Majority Leader or his designee, it stand adjourned sine
die, or until noon on the second day after Members are notified
to reassemble pursuant to section 2 of this concurrent
resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the Minority
Leader of the House and the Minority of the Senate, shall
notify the Members of the House and Senate, respectively, to
reassemble whenever, in their opinion, the public interest
shall warrant it.
Sec. 3. The Congress declares that clause 5 of rule III of
the Rules of the House of Representatives and the order of the
Senate of January 7, 1997, authorize for the duration of the
One Hundred Fifth Congress the Clerk of the House of
Representatives and the Secretary of the Senate, respectively:
To receive messages from the President during periods when the
House and Senate are not in session and thereby preserve until
adjournment sine die of the final regular session of the One
Hundred Fifth Congress the constitutional prerogative of the
House and Senate to reconsider vetoed measures in light of the
objections of the President, since the availability of the
Clerk and the Secretary during any earlier adjournment of
either House during the Congress does not
[[Page 921]]
prevent the return by the President of any bill presented to
him for approval.
Sec. 4. The Clerk of the House of Representatives shall
inform the President of the United States of the adoption of
this concurrent resolution.
The SPEAKER pro tempore. The question is on the Senate
concurrent resolution.
The question was taken; and the Speaker pro tempore announced
that the ayes appeared to have it.
Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, on that,
I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas
205, nays 193, not voting 34, as follows:
[Roll No. 638] . . .
So the Senate concurrent resolution was concurred in.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Sec. 15.5 The Senate agreed to a motion that the Senate adjourn to meet
the following evening unless the House sooner adopted the
concurrent resolution of sine die adjournment (as amended by the
Senate), in which case the Senate would stand adjourned sine die
pursuant to that concurrent resolution.
On Oct. 3, 1996,(1) the following proceedings occurred
in the Senate:
---------------------------------------------------------------------------
1. 142 Cong. Rec. 27335, 104th Cong. 2d Sess.
---------------------------------------------------------------------------
CONDITIONAL ADJOURNMENT SINE DIE
Mr. [Trent] LOTT [of Mississippi]. Mr. President, if there is
no further business to come before the Senate, I now move that the
Senate stand in adjournment sine die under the provisions of House
Concurrent Resolution 230, or until 6 p.m., Friday, October 4, if
the House fails to adopt House Concurrent Resolution 230. And God
be with you all.
The motion was agreed to, and at 6:54 p.m., the Senate
adjourned sine die, conditioned on the House concurrence in the
Senate amendment to House Concurrent Resolution 230.
Sec. 15.6 Second instance since the 93d Congress in which the House
included recall language in a concurrent resolution providing for
the adjournment of a second session sine die.
On Oct. 5, 1992,(1) the Majority Leader called up a
privileged concurrent resolution as follows:
---------------------------------------------------------------------------
1. 138 Cong. Rec. 32340, 102d Cong. 2d Sess.
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PROVIDING FOR THE SINE DIE ADJOURNMENT OF THE 2D SESSION, 102D
CONGRESS
[Mr. Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, I send to
the
[[Page 922]]
desk a privileged concurrent resolution (H. Con. Res. 384) and ask
unanimous consent for its immediate consideration.
The Clerk read the concurrent resolution, as follows:
H. Con. Res. 384
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Thursday, October 8, 1992, or Friday, October 9, 1992,
pursuant to a motion by the Majority Leader, or his designee,
it stand adjourned sine die, and that when the Senate adjourns
on the calendar day of Thursday, October 8, 1992, or any day
thereafter, pursuant to a motion made by the Majority Leader,
or his designee, in accordance with this resolution, it stand
adjourned sine die or until noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the Minority
Leader of the House and the Minority Leader of the Senate,
shall notify the Members of the House and Senate, respectively,
to reassemble whenever, in their opinion, the public interest
shall warrant it.
The SPEAKER.(2) Without objection, the concurrent
resolution is agreed to.
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2. Thomas S. Foley (WA).
---------------------------------------------------------------------------
There was no objection.
A motion to reconsider was laid on the table.
Sec. 15.7 For the first time since the 93d Congress, the House included
recall language in a concurrent resolution providing for the
adjournment of a second session sine die.
On Oct. 27, 1990,(1) the House, for the first time since
the 93d Congress, included recall language in a privileged concurrent
resolution providing for the adjournment of a second session sine die:
---------------------------------------------------------------------------
1. 136 Cong. Rec. 36850, 101st Cong. 2d Sess.
---------------------------------------------------------------------------
PROVIDING FOR ADJOURNMENT OF THE HOUSE FROM SATURDAY, OCTOBER
27, 1990, SINE DIE, AND ADJOURNMENT OF THE SENATE FROM
SATURDAY, OCTOBER 27, SUNDAY, OCTOBER 28, OR MONDAY, OCTOBER
29, 1990, SINE DIE
Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, I offer a
privileged concurrent resolution (H. Con. Res. 399) and ask for its
immediate consideration.
The Clerk read the concurrent resolution, as follows:
H. Con. Res. 399
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of October 27, 1990, and the Senate adjourns on Saturday,
October 27, Sunday, October 28 or Monday, October 29, 1990,
they stand adjourned sine die or until noon on the second day
after Members are notified to reassemble pursuant to section 2
of this concurrent resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the Minority
Leader of the House and the Minority Leader of the Senate,
shall notify the Members
[[Page 923]]
of the House and Senate, respectively, to reassemble whenever,
in their opinion, the public interest shall warrant it.
The SPEAKER pro tempore.(2) Is there objection to
agreeing to the resolution?
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2. Michael R. McNulty (NY).
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Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker,
reserving the right to object, I shall not object, but I just want
to inquire of the majority leader: there was some question on our
side about the recall provision of this that I have been asked
about. The minority leader is here now.
Mr. Leader, reserving the right to object, have we cleared that
language?
Mr. [Robert H.] MICHEL [of Illinois]. Mr. Speaker, will the
gentleman yield?
Mr. WALKER. Mr. Speaker, reserving the right to object, I yield
to the gentleman from Illinois.
Mr. MICHEL. Mr. Speaker, to respond to the gentleman, of
course, the administration would prefer that there be no reference
whatsoever, but, quite frankly, it is not a joint resolution and
does not require the President's signature.
There is ample precedent for it, I think, in 1974 when
President Ford, during one of those sessions, and also in 1943,
and, quite frankly, it says, in effect, that if the Speaker and the
majority leader of the Senate after consultation with the minority
leader of both the House and the Senate feel that there ought to be
a reconvening of the Members for whatever purpose that, from my
point of view, I think it is well in order, and that we ought to
approve it as it is written.
Mr. WALKER. Further reserving the right to object, under that
provision, since we adjourn sine die, would that be a
reconstitution then of the 101st Congress at that point, or would
we have a new session if this Congress was adjourned sine die?
Mr. GEPHARDT. Mr. Speaker, will the gentleman yield?
Mr. WALKER. I am happy to yield to the gentleman from Missouri.
Mr. GEPHARDT. Mr. Speaker, I believe such recall would be a
reassembling of this session of the 101st Congress.
Mr. WALKER. Mr. Speaker, I thank the gentleman.
Mr. Speaker, I withdraw my reservation of objection. . . .
The SPEAKER pro tempore (Mr. McNulty). Is there objection to
agreeing to the resolution?
There was no objection.
The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
On Dec. 20, 1974,(3) the House agreed to a privileged
concurrent resolution, offered by the Majority Leader, providing for
the sine die adjournment of the 93d Congress, second session, or for an
adjournment until reconvened by the leadership:
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3. 120 Cong. Rec. 41815, 93d Cong. 2d Sess.
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PROVIDING FOR ADJOURNMENT SINE DIE
Mr. [Thomas P.] O'NEILL [of Massachusetts]. Mr. Speaker, I
offer a concurrent resolution (H. Con. Res. 697)
[[Page 924]]
and ask for its immediate consideration.
The Clerk read the concurrent resolution as follows:
H. Con. Res. 697
Resolved by the House of Representatives (the Senate
concurring), That when the two Houses adjourn on Friday,
December 20, 1974, they shall stand adjourned sine die or until
12:00 noon on the second day after their respective Members are
notified to reassemble in accordance with Section 2 of this
resolution, whichever event first occurs.
Sec. 2 The Speaker of the House of Representatives and the
President of the Senate or the President pro tempore of the
Senate shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it, or whenever the majority
leader of the Senate and the majority leader of the House,
acting jointly or the minority leader of the House, acting
jointly, file a written request with the Secretary of the
Senate and the Clerk of the House that the Congress reassemble
for the consideration of legislation.
The SPEAKER.(4) The question is on the concurrent
resolution.
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4. Carl Albert (OK).
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The question was taken and the Speaker announced that the ayes
appeared to have it.
Mr. [John] ASHBROOK [of Ohio]. Mr. Speaker, on that I demand
the yeas and nays.
The yeas and nays were refused.
(Mr. ASHBROOK asked and was given permission to address the
House for 1 minute, and to revise and extend his remarks.)
Mr. ASHBROOK. Mr. Speaker, I take this opportunity of asking
the distinguished majority leader what all that means. It was read
rather rapidly. It seemed to have quite a few clauses. I did not
quite catch all of it.
Mr. O'NEILL. Mr. Speaker, I feel certain the gentleman from
Ohio is aware of the fact that this is a sine die resolution, which
gives the right to the Speaker of the House and the Presiding
Officer of the Senate, the majority leader of the House, and the
minority leader of the Senate and the minority leader of the House,
and the President of the United States, would have the right, to
call the Members back into session before January 3 if they thought
there was an emergency, and the Congress should be called back.
After the date of January 3 we will extend it to January 14. .
. .
So the concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
Sec. 15.8 The House agreed to a privileged House concurrent resolution
providing for the adjournment sine die of the first session of a
Congress (subject to recall by the joint House-Senate majority
leadership) and declaring the position of the Congress with respect
to the assertion by the President of a pocket veto between sessions
of a Congress.
[[Page 925]]
On Nov. 21, 1989,(1) the Majority Leader offered a
privileged concurrent resolution as follows:
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1. 135 Cong. Rec. 31156, 101st Cong. 1st Sess.
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PROVIDING FOR SINE DIE ADJOURNMENT OF THE FIRST SESSION OF THE
101ST CONGRESS ON WEDNESDAY, NOVEMBER 22, 1989
Mr. [Richard A.] GEPHARDT [of Missouri]. Mr. Speaker, I offer a
privileged concurrent resolution (H. Con. Res. 239) and ask for its
immediate consideration, and I ask unanimous consent that I be
permitted to address the House for 1 minute on the resolution.
The Clerk read the concurrent resolution, as follows:
H. Con. Res. 239
Resolved by the House of Representatives (the Senate
concurring), That when the House and Senate adjourn on
Wednesday, November 22, 1989, they stand adjourned sine die, or
until 12 o'clock meridian on the second day after Members are
notified to reassemble pursuant to section 2 of this concurrent
resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the Minority
Leader of the House and the Minority Leader of the Senate,
shall notify the Members of the House and Senate, respectively,
to reassemble whenever, in their opinion, the public interest
shall warrant it.
Sec. 3. The Congress declares--
(1) that clause 5 of rule III of the Rules of the House of
Representatives, adopted for the One Hundred First Congress in
House Resolution 5 on January 3, 1989, authorizes the Clerk of
the House of Representatives to receive messages from the
President during periods when the House of Representatives is
not in session;
(2) that the House of Representatives intends by such rule
to preserve until its adjournment sine die from the final
session of the One Hundred First Congress the constitutional
prerogative of the House to reconsider vetoed measures in light
of the objections of the President;
(3) that the order of the Senate of January 3, 1989,
effective for the duration of the One Hundred First Congress,
authorizes the Secretary of the Senate to receive messages from
the President during periods when the Senate is not in session;
and
(4) that the Senate intends by such order to preserve until
its adjournment sine die from the final session of the One
Hundred First Congress the constitutional prerogatives of the
Senate to reconsider vetoed measures in light of the objections
of the President.
Sec. 4. The Congress reaffirms its intent that the
availability of the Clerk of the House of Representatives to
receive messages from the President during periods when the
House is not in session and the availability of the Secretary
of the Senate to receive messages from the President during
periods when the Senate is not in session ensure that the
adjournment of either House pursuant to this concurrent
resolution shall not prevent the return by the President of any
bill presented to him for approval.
Sec. 5. The Clerk of the House of Representatives shall
inform the President of the United States of the adoption of
this resolution.
Mr. [Robert S.] WALKER [of Pennsylvania]. Mr. Speaker,
reserving the right to object, there is a question on
[[Page 926]]
our side as to whether or not this would interfere with the
President's constitutional prerogatives to pocket-veto bills. As I
understand it, this is a concurrent resolution which would have no
impact on the President's constitutional prerogative to do that if
he so chose? Is that correct?
Mr. GEPHARDT. Mr. Speaker, if the gentleman will yield, as I
understand it, this resolution would inform the President that the
Clerk of the House and the Secretary of the Senate are available
under their rules to receive messages from the President during the
adjournment. It makes it clear that this adjournment will not
prevent the return of any bill and reserves the constitutional
prerogative to reconsider vetoed measures in light of the
President's objections.
Mr. WALKER. But if the President chooses to pocket-veto a bill
rather than send a veto message up even though we have clerks in
place, it is my understanding that the President would still be
permitted to do that under this resolution since it is a concurrent
resolution? Is that correct?
Mr. GEPHARDT. If the gentleman will yield further, the
President can exercise his constitutional prerogative. This
resolution simply expresses the sentiment of the House and Senate
as to the appropriate congressional prerogatives.
Mr. WALKER. Mr. Speaker, I withdraw my reservation of
objection, and I thank the majority leader.
{time} 1340
The SPEAKER pro tempore (Mr. Mazzoli).(2) The
question is on the concurrent resolution.
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2. Romano L. Mazzoli (KY).
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The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.
Sec. 15.9 The Speaker laid before the House a privileged Senate
concurrent resolution providing for the sine die adjournment of
both Houses.
On Oct. 1, 1976,(1) the following proceedings occurred
in the House:
---------------------------------------------------------------------------
1. 122 Cong. Rec. 35336, 94th Cong. 2d Sess.
---------------------------------------------------------------------------
PROVISION FOR SINE DIE ADJOURNMENT
The SPEAKER laid before the House the Senate concurrent
resolution (S. Con. Res. 211), providing for a sine die adjournment
of the Congress on Friday, October 1, 1976.
The Clerk read the Senate concurrent resolution.
The Clerk read the Senate concurrent resolution, as follows:
S. Con. Res. 211
Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress shall adjourn on
Friday, October 1, 1976, and that when they adjourn on said
day, they stand adjourned sine die.
The Senate concurrent resolution was concurred in.
A motion to reconsider was laid on the table.
Sec. 15.10 The House rejected a privileged concurrent resolution,
offered by the Majority
[[Page 927]]
Leader, providing for the sine die adjournment of the two Houses or
for adjournment until reconvened by the joint House-Senate majority
or minority leadership prior to Jan. 3, 1974.
On the legislative day of Dec. 21, 1973,(1) the House
rejected a privileged concurrent resolution providing for adjournment
sine die:
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1. 119 Cong. Rec. 43294, 43295, 43318, 93d Cong. 1st Sess.
---------------------------------------------------------------------------
PROVIDING FOR SINE DIE ADJOURNMENT
Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, I
offer a privileged concurrent resolution (H. Con. Res. 411) and ask
for its immediate consideration.
The Clerk read as follows:
H. Con. Res. 411
Resolved by the House of Representatives (the Senate
concurring), That when the two Houses adjourn on Saturday,
December 22, 1973, they shall stand adjourned sine die or until
12:00 noon on the second day after their respective Members are
notified to reassemble in accordance with Section 2 of this
resolution, whichever event first occurs.
Sec. 2. The Speaker of the House of Representatives and the
President pro tempore of the Senate shall notify the Members of
the House and the Senate, respectively, to reassemble whenever,
in their opinion, the public interest shall warrant it, or
whenever the majority leader of the Senate and the majority
leader of the House, acting jointly, or the minority leader of
the Senate and the minority leader of the House, acting
jointly, file a written request with the Secretary of the
Senate and the Clerk of the House that the Congress reassemble
for the consideration of legislation.
Mr. O'NEILL. Mr. Speaker, I move the previous question on the
concurrent resolution.
The previous question was ordered.
The SPEAKER.(2) The question is on the concurrent
resolution.
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2. Carl Albert (OK).
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Mr. James V. STANTON [of Ohio]. Mr. Speaker, on that I demand
the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there were--yeas 74, nays 171, not
voting 187, as follows:
[Roll No. 724] . . .
So the concurrent resolution was rejected. . .
. -------------------
ADJOURNMENT TO 12 O'CLOCK NOON TODAY
Mr. O'NEILL. Mr. Speaker, I ask unanimous consent that when the
House adjourns today it adjourn to meet at 12 o'clock noon today,
Dec. 22, 1973.
The SPEAKER. Is there objection to the request of the gentleman
from Massachusetts?
There was no objection. . .
. -------------------
ADJOURNMENT
Mr. [John B.] BREAUX [of Louisiana]. Mr. Speaker, I move that
the House do now adjourn.
[[Page 928]]
The motion was agreed to; accordingly (at 1 o'clock and 32
minutes a.m.) the House adjourned until today, Saturday, December
22, 1973, at 12 o'clock noon.
Parliamentarian's Note: The next day, the House adopted House
Concurrent Resolution 412, adjourning the session sine die. The Senate
amended it to include joint majority or minority leadership recall
authority.(3)
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3. See also Sec. 15.11, infra.
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Sec. 15.11 The Speaker laid before the House a House concurrent
resolution providing for sine die adjournment of the two Houses
with a Senate amendment thereto permitting the joint House-Senate
leadership to reconvene Congress prior to Jan. 3, 1974.
On Dec. 22, 1973,(1) the following proceedings occurred
in the House:
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1. 119 Cong. Rec. 43327, 93d Cong. 1st Sess.
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FURTHER MESSAGE FROM THE SENATE
A further message from the Senate by Mr. Arrington, one of its
clerks, announced that the Senate had passed a concurrent
resolution of the House (H. Con. Res. 412) entitled ``Concurrent
resolution providing for the sine die adjournment of the 1st
session of the 93d Congress,'' with amendments in which concurrence
is requested. -------------------
PROVIDING FOR THE SINE DIE ADJOURNMENT OF THE 1ST SESSION OF
THE 93D CONGRESS
The SPEAKER.(2) The Clerk will report the concurrent
resolution (H. Con. Res. 412) providing for the sine die
adjournment of the 1st session of the 93rd Congress, with a Senate
amendment thereto, and report the Senate amendment.
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2. Carl Albert (OK).
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The Clerk read the Senate amendment, as follows:
Page 1, line 4, strike out ``die.'' and insert ``die or
until 12:00 noon on the second day after their respective
Members are notified to reassemble in accordance with section 2
of this resolution, whichever event first occurs.''.
Sec. 2. The Speaker of the House of Representatives and the
President pro tempore of the Senate shall notify the Members of
the House and the Senate, respectively, to reassemble whenever,
in their opinion, the public interest shall warrant it, or
whenever the majority leader of the Senate and the majority
leader of the House, acting jointly, or the minority leader of
the Senate and the minority leader of the House, acting
jointly, files a written request with the Secretary of the
Senate and the Clerk of the House that the Congress reassemble
for the consideration of legislation.
The Senate amendment was concurred in.
A motion to reconsider was laid on the
table. -------------------
SINE DIE ADJOURNMENT
Mr. [Thomas P.] O'NEILL [Jr., of Massachusetts]. Mr. Speaker, I
move that the House do now adjourn.
[[Page 929]]
The motion was agreed to.
The SPEAKER. In accordance with the provisions of House
Concurrent Resolution 412, the Chair declares the 1st session of
the 93d Congress adjourned sine die.
Thereupon (at 2 o'clock and 2 minutes p.m.), pursuant to House
Concurrent Resolution 412, the House adjourned sine die.
Speaker's Designees to Exercise Recall Authority
Sec. 15.12 A Speaker pro tempore, by unanimous consent, announced the
Speaker's designations of (1) the Majority Leader to exercise
recall authority under the concurrent resolution of adjournment in
the event of the death or inability of the Speaker, and (2) certain
alternates in a letter placed with the Clerk to, in turn, exercise
the same authority in the event of the death or inability of the
primary designee.
On Nov. 22, 2002,(1) the following occurred in the
House:
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1. 148 Cong. Rec. 23517, 23518, 107th Cong. 2d Sess.
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RECALL DESIGNEE
The SPEAKER pro tempore (Mr. Kerns).(2) Without
objection, and pursuant to section 2 of Senate Concurrent
Resolution 160, the Chair announces the Speaker's designation of
Representative Richard K. Armey of Texas to act jointly with the
majority leader of the Senate or his designee, in the event of the
death or inability of the Speaker, to notify the Members of the
House and the Senate, respectively, of any reassembly under that
concurrent resolution, and further, in the event of the death or
inability of that designee, the alternate Members of the House
listed in the letter bearing this date that the Speaker has placed
with the Clerk are designed, in turn, for that same purpose.
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2. Brian Kerns (IN).
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There was no objection.
Parliamentarian's Note: Beginning in the 108th Congress, clause
8(b)(3) of Rule I was added to confer this designation authority on the
Speaker.(3)
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3. House Rules and Manual Sec. 632 (2007).
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