[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 45. Recess]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 45 - RECESS
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. House Authorization; Motions
Sec. 3. Duration of Recess
Sec. 4. Purpose of Recess
Research References
5 Hinds Sec. Sec. 6663-6671
8 Cannon Sec. Sec. 3354-3362
Manual Sec. Sec. 586, 911, 913
Sec. 1 . In General
Under rule I clause 12(a), the Speaker may declare a recess ``for
a short time'' when no question is pending before the House. Under
rule I clause 12(b), the Speaker may declare an emergency recess when
notified of an imminent threat to the safety of the House. Recesses
also may be declared by the Speaker pursuant to authority granted by
the House by privileged motion. Sec. 2, infra. Recesses are not
permitted in the Committee of the Whole except with the permission of
the House. 5 Hinds Sec. Sec. 6669-6671; 8 Cannon Sec. 3357.
Recess is to be distinguished from adjournment. Recesses are taken
during a legislative day, whereas adjournments normally are taken from
day to day and terminate a legislative day. Another distinguishing
feature is that, during a recess, the Mace remains in place on the
rostrum, indicating that the House continues in a receptive mode for
business. Bills may be introduced and reports may be filed through the
hopper.
Except for an emergency recess under rule I clause 12(b), a recess
may not interrupt a call of the roll or a recorded vote. 5 Hinds
Sec. Sec. 6054, 6055. The Speaker may not declare a recess during a
record vote, even though the House has previously given him authority
to declare a recess at any time. 5 Hinds Sec. 6054. However, when the
hour previously fixed for a recess arrived, the Chair declared the
House in recess during a division vote. 5 Hinds Sec. 6665.
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Sec. 2 . House Authorization; Motions
The House may authorize the Speaker to declare a recess by motion,
by unanimous consent, by suspension of the rules, or by special order.
Rule XVI clause 4; Manual Sec. Sec. 83, 586, 911, 913; Deschler Ch 21
Sec. 11.8. The authority may be for a single recess on a given day,
for several recesses subject to the call of the Chair, or for several
days. 104-1, Dec. 15, 1995, p 37107 (motion); 104-1, Dec. 21, 1995, p
38475 (special order). However, no recess declared by the Speaker or
authorized by the House alone can exceed three days (not including
Sundays) because that would violate the constitutional requirement for
Senate consent. U.S. Const. art. I, Sec. 5; see also Sec. 3, infra.
The Speaker also may be authorized to declare a recess:
At any time during the remainder of the day. 87-2, Sept. 12,
1962, p 19258.
On the following day. 86-1, May 26, 1959, p 9155.
During the remainder of the week. 90-1, Dec. 15, 1967, p
37126.
At any time on certain days of the week. 88-2, Apr. 7, 1964, p
7119.
At any time on the legislative days of Friday and Saturday and
if necessary on Sunday. 97-1, Nov. 19, 1981, p 28211.
At any time during the remainder of the session. Deschler Ch
21 Sec. 11.8.
Motions to Authorize a Recess
Rule XVI clause 4(c) permits the Speaker to entertain ``at any
time'' a motion authorizing him to declare a recess. The motion may be
adopted by simple majority vote. The motion differs from authority
granted by special orders, which require adoption of a resolution
reported by the Committee on Rules. Generally, see Special Orders of
Business.
Rule XVI gives the motion for a recess a privileged status equal
to that of the motion to adjourn, which is a motion of the highest
precedence and privilege. Manual Sec. Sec. 911, 912; see Adjournment.
Before the adoption of this rule in 1991, the motion to authorize a
recess was not privileged in the House and could be entertained only
by unanimous consent (8 Cannon Sec. 3354), although a privileged
motion to recess was permitted by rule from 1880 to 1890 (8 Cannon
Sec. 3356).
A motion to authorize the Speaker to declare a recess is not
debatable or amendable. Manual Sec. Sec. 911, 913.
Quorum Requirements
A vote by the House to authorize the Speaker to declare a recess
requires a quorum. 4 Hinds Sec. Sec. 2955-2960. A request for a recess
cannot be entertained if the absence of a quorum has been declared. 4
Hinds Sec. 2958-
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2960. However, when the hour previously fixed for a recess arrives,
the Chair declares the House in recess, even if a quorum is not
present. 5 Hinds Sec. Sec. 6665, 6666.
Sec. 3 . Duration of Recess
Generally
The Speaker may be authorized by the House to declare a recess to
a time certain on that day (92-2, Oct. 14, 1972, p 36474), or to
declare a recess until a time certain on the following calendar day
(97-1, Nov. 20, 1981, p 28628). Overnight recess may be authorized, in
which event the same legislative day is retained. 98-1, Nov. 10, 1983,
p 32200. A recess does not terminate a legislative day, and a
legislative day may not be terminated during recess. 8 Cannon
Sec. 3356. On occasion, upon the expiration of an overnight recess,
the House is called to order and the Chaplain offers the prayer. 104-
1, Dec. 18, 1995, p 37310; 107-1, Sept. 12, 2001, p ____. However,
this is the exception rather than the rule.
When a recess is declared, the bell and light system will so
indicate with six bells and six lights. Termination of a recess is
indicated by three bells and three lights.
The Speaker has been authorized to declare recesses at any time
during a Thursday-evening-to-Monday-noon period subject to the call of
the Chair. 98-1, Nov. 10, 1983, p 32197. However, a recess cannot
extend longer than three days by House order alone, because neither
House may adjourn for more than three days without the consent of the
other. See Adjournment. Such adjournments are provided by concurrent
resolution, whereas adjournments of three days or less may be ordered
by the House alone. 94-1, Feb. 6, 1975, pp 2641, 2642.
Recess for a Short Time; Emergency Recess
The Speaker is permitted by rule I clause 12 to declare a recess
for ``a short time . . . subject to the call of the Chair,'' when no
question is pending before the House. The Speaker has used this
authority to recess the House overnight. See, e.g., 106-2, Dec. 14,
2000, p ____; 107-1, May 3, 2001, p ____.
The House stood in recess on the legislative day of September 11,
2001, from 9:52 a.m. on September 11 until 10:03 a.m. on September 12.
107-1, Sept. 11, 2001, p ____. As a result of the events of September
11, the House adopted rule I clause 12(b) in the 108th Congress.
Clause 12(b) authorizes the Speaker to declare an emergency recess
when notified of an imminent threat to the safety of the House.
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The Speaker's declaration of a recess for a ``short time'' under
rule I clause 12 may follow his postponement of a question under rule
XX clause 8 because, after postponement, a question is no longer
pending before the House. Both postponement authority and clause 12
recess authority have become a familiar scheduling technique of the
majority leadership in the modern practice of the House.
The customary inquiry by the Chair asking ``For what purpose does
the gentleman rise?'' does not immediately confer recognition, such
that a Member's mere revelation that he seeks to offer a motion to
adjourn does not suffice to make that motion ``pending'' so as to
prevent a declaration of a short recess. 105-1, Oct. 28, 1997, p ____.
Emergency Convening Authority
During any recess or adjournment of not more than three days, if
the Speaker is notified by the Sergeant-at-Arms of an imminent
impairment of the place of reconvening, then he may, in consultation
with the Minority Leader, postpone the time for reconvening within the
three-day limit prescribed by the Constitution. In the alternative,
the Speaker, under the same conditions, may reconvene the House before
the time previously appointed solely to declare the House in recess
within that three-day limit. Rule I clause 12(c).
Sec. 4 . Purpose of Recess
Where the Speaker is given authority to declare a recess by
unanimous consent or a special order, the specific purpose of the
recess may be stipulated. The Speaker may be authorized to declare the
House in recess in order to:
Attend to a Member who has suddenly taken ill on the floor of
the House. 91-1, July 8, 1969, p 18614.
Await the receipt of a message from the President. 91-1, Jan.
17, 1969, pp 1188-92.
Await a message from the Senate. 91-1, Feb. 7, 1969, p 3268.
Await a report from a committee on certain emergency
legislation. 91-2, Mar. 4, 1970, p 5867.
Await a conference report. 92-1, Dec. 14, 1971, pp 46884-88.
Await a report from the Committee on Rules. 91-2, Mar. 4,
1970, p 5867.
Await Senate action on a House joint resolution continuing
appropriations for several departments of the government that
are without funds. 95-1, Nov. 4, 1977, p 37066.
Await or attend a joint meeting to receive certain
dignitaries. 92-1, Sept. 8, 1971, p 30845.
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Receive former Members of the House in the Chamber. 95-2, May
19, 1978, p 14660.
Permit Members to attend certain ceremonies. 93-2, Dec. 19,
1974, p 41604.
Make preparations for a secret session of the House pursuant
to rule XVII clause 9. 96-1, June 20, 1979, p 15711.
Recesses for many of the purposes outlined above, as well as for
unannounced purposes, are now accomplished under the Speaker's
authority to declare a short recess under rule I clause 12(a).
Under rule I clause 12(b), the Speaker may declare an emergency
recess when notified of an imminent threat to the safety of the House,
even while business is pending.