Senate Procedure

An amendment to reimburse the State of California for certain expenditures made during the Civil War, proposed to a deficiency appropriation bill for 1935, was held not to be a private claim and therefore in order.291

Remain Available:

An amendment by the Appropriations Committee to a general appropriations bill which provides that funds carried in the bill should remain available until expended is subject to a point of order against the use of the language to remain available until expended,292 unless it is specifically authorized by law.

Resolutions to, Not in Order:

An amendment, in the form of a Senate resolution, requesting the President to furnish certain information to the Senate, is not in order on a general appropriation bill.293

Rule XVI, Paragraph 1:

The Chair has ruled various amendments out of order simply as in violation of Rule XVI, paragraph 1.29*

(Continued)

1909, 60-2, Record, pp. 3642-44; Feb. 7, 1907, 59-2, Record, p. 2415; Feb. 27, 1905, 58-3, Record, p. 3507; Apr. 23, 1904, 58-2, Record, p. 5431; Mar. 22, 1904, 58-2, Record, p. 3496; Mar. 7, 1904, 58-2, Record, p. 2925; Apr. 5, 1902, 57-1, Record, p. 3712; Mar. 2, 1901, 56-2, Record, p. 3398; Apr. 9, 1900, 56-1, Record, p. 3921; Mar. 3, 1899, 55-3, Record, p. 2798; July 8 and 12, 1897, 55-1, Journal, p. 153, Record, pp. 2474, 2532; Feb. 26, 1897, 54-2, Record, p. 2357; June 8, 1896, 54-1, Record, p. 6244; May 25, 1896, 54-1, Record, pp. 5667, 5681; May 2, 1896, 54-1, Record, p. 4721; Apr. 25, 1896, 54-1, Journal, p. 265, Record, p. 4415; Mar. 1, 1895, 53-3, Record, p. 2982; Feb. 28, 1895, 53–3, Record, p. 2894; Aug. 3, 1894, 53-2, Record, pp. 8156, 8158, 8169, 8172; Mar. 2, 1893, 52-2, Journal, p. 151, Record, pp. 2420-22; Mar. 2, 1891, 51-2, Record, p. 3673; Mar. 2, 1891, 51-2, Record, pp. 3675, 3838; Aug. 18, 1890, 51-1, Record, p. 8748; Sept. 24, 1888, 50-1, Record, p. 8824; Aug. 1, 1888, 50-1, Journal, p. 1227, Record, pp. 7119-22; Mar. 3, 1887, 49-2, Record, p. 2647; Mar. 3, 1887, 49-2, Record, pp. 2645-46; July 24, 1886, 49–1, Record, p. 7471; May 13, 1884, 48-1, Record, p. 4114.

201 July 24, 1935, 74–1, Journal, p. 542, Record, p. 11761.

192

Sept. 29, 1962, 87-2, Record, p. 21306; see also Oct. 1, 1962, 87-2, Record, p. 21470.

293 Mar. 20, 1922, 67–2, Record, p. 4146.

Jan. 3, 1929, 70-2, Journal, p. 63, Record, p. 1049; Feb. 19, 1920, 66-2, Journal, p. 149, Record, pp. 3134-35; Oct. 17, 1951, 82--1, Record, pp. 13339-40; May 28, 1945, 79-1, Record, p. 5214; Mar. 18, 1914, 63-2, Record, p. 5047; Feb. 27, 1914, 63-2, Record, pp. 4024-26; May 4, 1886, 49-1, Record, pp. 4135–36; Apr. 12, 1886, 49-1, Record, p. 3388.

97-344 0-74—11

Unexpended Balances:

An amendment providing for the reappropriation of an unexpended balance of an appropriation bill is subject to a point of order. 295

Amendments to Special Appropriation Bills

See also "Definition of Special Appropriation Bills,” p. 112.

Rule XVI applies to general appropriation bills only and not to special appropriation bills, and amendments legislative in nature are in order to any special appropriation bill.296

Legislative Measures May Carry Appropriations

An amendment making an appropriation for the purchase of a site and the erection of a building thereon, proposed to an omnibus public buildings bill, is in order, inasmuch as the bill is not an appropriation bill."

296

297

June 27, 1939, 76-1, Record, p. 7960; May 21, 1937, 75-1, Record, p. 4936; Mar. 19, 1935, 74–1, Journal, p. 207, Record, p. 3974; Jan. 25, 1932, 72-1, Journal, pp. 180-181, Record, pp. 2632-34; Jan. 5, 1931, 71-3, Journal, p. 74, Record, pp. 1366, 1369; July 10, 1918, 65–2, Journal, p. 309, Record, pp. 8941-58; see also Apr. 19, 1938, 75–3, Record, p. 5510; July 26, 1937, 75–1, Journal, pp. 439–40, Record, pp. 7581-82.

ATTENDANCE OF SENATORS

Under Senate Rule V, Senators are required to attend all sessions of the Senate unless they are excused. The Senate operates on the assumption that a quorum is present regardless of how few or how many are in attendance, until someone suggests the absence of a quorum. Since the Chair is not authorized to count whether or not a quorum is present, regardless of whether just a few or a hundred Senators are present, he "shall forthwith direct the Secretary to call the roll" when any Senator raises the question "as to the presence of a quorum," and "shall announce the result." When the Senate finds itself without a quorum, it may take such action as it deems necessary to obtain the presence of a quorum. Any other action in the absence of a quorum, except the motion to adjourn, or to recess if a previous order to that effect had been made, is out of order.

When a quorum call is had and a quorum fails to respond on the call of the absentees, a motion to direct the Sergeant at Arms to request the attendance of absent Senators is generally made and adopted. Such a motion would be in order after the Clerk has conIcluded his first call of the roll and the Chair has announced that a quorum is not present, and before the Clerk calls the roll of the absentees. After a duration of time, if a quorum has not been developed following the adoption of a motion to request the attendance of absent Senators, an order is usually adopted to direct the Sergeant at Arms to compel the attendance of absent Senators. Again, if a quorum is not obtained in a reasonable length of time, the Senate could resort to the adoption of a motion to direct the Sergeant at Arms or his deputies to arrest absent Senators and bring them to the bar of the Senate. The forms of these motions and of arrest are set forth on pages 158, 928-929.

Article I, Sec. 5 of Constitution

[Compel Attendance]

SECTION 5. Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Rule V

[Absentees, Quorum Call; Request and Compel Attendance]

1. No Senator shall absent himself from the service of the Senate without leave.

2. If, at any time during the daily sessions of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.

3. Whenever upon such roll call it shall be ascertained that a quorum is not present, a majority of the Senators present may direct the Sergeant at Arms to request, and, when necessary, to compel the attendance of the absent Senators, which order shall be determined without debate; and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn, shall be in order.

Absent Senators and Senate's Right To Compel Attendance
See also "Quorum," pp. 630-661.

The Senate in the absence of a quorum has an inherent right to compel the attendance of absent Senators in order to have a quorum present,' and a quorum being present, the Senate is empowered under the Constitution and its rules, to direct the Sergeant at Arms to request or compel the attendance of its absent Members."

Call of Absentees, a Quorum Being Absent:

Under the practices of the Senate, if a quorum does not appear on the first call of the roll, the Chair makes the announcement that a quorum is not present and the names of the absentees will be called in consecutive order until the end of the roll, even though a quorum may have actually appeared before the second call has been concluded; it is likewise the uniform practice in the Senate for the Presiding Officer to direct the Clerk to call the names of the absent Senators prior to the adoption of an order directing the Sergeant at Arms to request, and, when necessary, to compel their attendance," but such practice is based on custom, and not on the requirement of any rule."

1 Sept. 18, 1914, 63-2, Record, pp. 15361-62; Sept. 5 and 8, 1914, 63-2, Record, pp. 14773, 14784; May 17, 1894, 53-2, Record, p. 4879.

2 Mar. 3, 1893, 52-2, Journal, p. 164, Record, p. 2534; Feb. 8, 1915, 63–3, Journal, pp. 95, 96, Record, pp. 3275-80; Feb. 2, 1883, 47-2, Journal, p. 279, Record, p. 2535; Sept. 5 and 8, 1914, 63-2, Record, pp. 14773, 14784.

See Apr. 10, 1964, 88-2, Record, p. 7502.

'Mar. 20, 1926, 69-1, Journal, p. 247, Record, p. 5976; Jan. 6, 1938, 75-3, Record, p. 121; Feb. 27, 1929, 70-2, Record, p. 4569; Mar. 3, 1927, 69-2, Journal, p. 268; see June 4, 1920, 66-2, Journal, p. 371, Record, p. 8501.

Mar. 20, 1926, 69-1, Journal, p. 247, Record, p. 5976; Mar. 3, 1927, 69-2, Journal, p. 268; Feb. 27, 1929, 70-2, Record, p. 4569; see June 4, 1920, 66-2, Journal, p. 371, Record, p. 8501.

If a quorum does not appear at the end of the second call of a quorum call, the usual next step is for some Senator to move that the Sergeant at Arms be directed to request the attendance of the Senators still absent."

In one instance in 1960, the vote on a motion, in the absence of a quorum, to direct the Sergeant at Arms to request the attendance of absent Senators, having disclosed the presence of a quorum, the Presiding Officer announced that fact, and the Senate proceeded with its pending busi

ness.s

After a call of the absentees, a quorum not having been developed, and pending the execution of an order to request or compel the attendance of absent Senators, it is not in order to have the names of the absentees read from the desk.9

On one occasion, a call of the Senate having disclosed the absence of a quorum, which was shown by a yea and nay vote on a rejected motion to adjourn, the Presiding Officer held that, pending the execution of an order then agreed to requesting the attendance of the absent Senators, a second call of the Senate was not in order.10

Compel or Request Attendance

Libros

Senate Procedure: Precedents and Practices