[Congressional Record Volume 151, Number 1 (Tuesday, January 4, 2005)]
[House]
[Pages H33-H35]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. The Chair customarily takes this occasion on 
the opening day of Congress to announce his policies with respect to 
particular aspects of process. The Chair will insert in the Record 
announcements by the Speaker concerning: privileges of the floor; 
introduction of bills and resolutions; unanimous-consent requests for 
the consideration of bills and resolutions; recognition for 1-minute 
speeches, morning-hour debate, and special orders; decorum in debate; 
conduct of votes by electronic device; distribution of written 
materials on the House floor; use of wireless telephones or personal 
computers on the House floor; and jurisdictional issues.
  These announcements, where appropriate, will reiterate the origins of 
the stated policies. The Speaker intends to continue in the 109th 
Congress the policies reflected in these statements.
  The announcements referred to follow and, without objection, will be 
printed in the Record January 4, 2005:
  There was no objection.

                       1. Privileges of the Floor

       The Chair will make the following announcements regarding 
     floor privileges, which will apply during the 109th Congress.


           announcement by the speaker with respect to staff

       The Speaker. Rule IV strictly limits those persons to whom 
     the privileges of the floor during sessions of the House are 
     extended, and that rule prohibits the Chair from entertaining 
     requests for suspension or waiver of that rule. As reiterated 
     by the Chair on January 21, 1986, January 3, 1985, January 
     25, 1983, and August 22, 1974, and as stated in Chapter 10, 
     section 2, of House Practice, the rule strictly limits the 
     number of committee staff on the floor at one time during the 
     consideration of measures reported from their committees. 
     This permission does not extend to Members' personal staff 
     except when a Member's amendment is actually pending during 
     the five-minute rule. It also does not extend to personal 
     staff of Members who are sponsors of pending bills or who are 
     engaging in special orders. The Chair requests the 
     cooperation of all Members and committee staff to assure that 
     only the proper number of staff are on the floor, and then 
     only during the consideration of measures within the 
     jurisdiction of their committees. The Chair is making this 
     statement and reiterating this policy because an increasing 
     number of Members have insisted on strict enforcement of the 
     rule. The Chair requests each chairman, and each ranking 
     minority member, to submit to the Speaker a list of those 
     staff who are allowed on the floor during the consideration 
     of a measure reported by their committee. The Sergeant-at-
     Arms, who has been directed to assure proper enforcement of 
     rule IV, will keep the list. Each staff person should 
     exchange his or her ID for a ``committee staff'' badge, which 
     is to be worn while on the floor. The Chair has consulted 
     with the Minority Leader and will continue to consult with 
     her.
       Furthermore, as the Chair announced on January 7, 2003, in 
     accordance with the change in the 108th Congress of clause 
     2(a) of rule IV regarding leadership staff floor access, only 
     designated staff approved by the Speaker shall be granted the 
     privilege of the floor. The Speaker intends that his approval 
     be narrowly granted on a bipartisan basis to staff from the 
     majority and minority side and only to those staff essential 
     to floor activities.


       announcement by the speaker with respect to former members

       The Speaker. The guidelines announced by the Chair on 
     August 1, 1996, and May 25, 1995, with respect to the 
     prohibition against former Members exercising floor 
     privileges during the consideration of a matter in which they 
     have a personal or pecuniary interest or are employed or 
     retained as a lobbyist will continue to apply in the 109th 
     Congress.
       Clause 4 of rule IV and the subsequent guidelines issued by 
     previous Speakers on this matter make it clear that 
     consideration of legislative measures is not limited solely 
     to those pending before the House. Consideration also 
     includes all bills and resolutions that have been called up 
     by a full committee or subcommittee or on which hearings have 
     been held by a full committee or subcommittee of the House.
       Former Members can be prohibited from privileges of the 
     floor, the Speaker's lobby, and respective Cloakrooms should 
     it be ascertained they have a direct interest in legislation 
     that is before a subcommittee, full committee, or the House. 
     Not only do those circumstances prohibit former Members but 
     the fact that a former Member is employed or retained by a 
     lobbying organization attempting to directly or indirectly 
     influence pending legislation is cause for prohibiting access 
     to the House Chamber. First announced by Speaker O'Neill on 
     January 6, 1977, again on June 7, 1978, and by Speaker Foley 
     in 1994, the guidelines were intended to prohibit former 
     Members from using their floor privileges under the 
     restrictions laid

[[Page H34]]

     out in this rule. This restriction extends not only to the 
     House floor but adjacent rooms, the Cloakrooms, and the 
     Speaker's lobby.
       Members who have reason to know that a former Member is on 
     the floor inconsistent with clause 4 of rule IV should notify 
     the Sergeant-at-Arms promptly.

                2. Introduction of Bills and Resolutions

       The Speaker. The policy that the Chair announced on January 
     3, 1983, with respect to the introduction and reference of 
     bills and resolutions will continue to apply in the 109th 
     Congress. As Members are aware, they have the privilege today 
     of introducing bills. Heretofore on the opening day of a new 
     Congress, several hundred bills have been introduced. The 
     Chair will do his best to refer as many bills as possible, 
     but he will ask the indulgence of Members if he is unable to 
     refer all the bills that may be introduced. Those bills that 
     are not referred and do not appear in the Record as of today 
     will be included in the next day's Record and printed with a 
     date as of today.
       The Chair has advised all officers and employees of the 
     House that are involved in the processing of bills that every 
     bill, resolution, memorial, petition or other material that 
     is placed in the hopper must bear the signature of a Member. 
     Where a bill or resolution is jointly sponsored, the 
     signature must be that of the Member first named thereon. The 
     bill clerk is instructed to return to the Member any bill 
     which appears in the hopper without an original signature. 
     This procedure was inaugurated in the 92d Congress. It has 
     worked well, and the Chair thinks that it is essential to 
     continue this practice to insure the integrity of the process 
     by which legislation is introduced in the House.

   3. Unanimous-Consent Requests for the Consideration of Legislation

       The Speaker. The policy the Chair announced on January 6, 
     1999, with respect to recognition for unanimous consent 
     requests for the consideration of certain legislative 
     measures will continue to apply in the 109th Congress. The 
     Speaker will continue to follow the guidelines recorded in 
     section 956 of the House Rules and Manual conferring 
     recognition for unanimous-consent requests for the 
     consideration of bills, resolutions, and other measures only 
     when assured that the majority and minority floor leadership 
     and committee chairmen and ranking minority members have no 
     objection. Consistent with those guidelines, and with the 
     Chair's inherent power of recognition under clause 2 of rule 
     XVII, the Chair, and any occupant of the Chair appointed as 
     Speaker pro tempore pursuant to clause 8 of rule I, will 
     decline recognition for the unanimous-consent requests 
     chronicled in section 956 without assurances that the request 
     has been so cleared. This denial of recognition by the Chair 
     will not reflect necessarily any personal opposition on the 
     part of the Chair to orderly consideration of the matter in 
     question, but will reflect the determination upon the part of 
     the Chair that orderly procedures will be followed; that is, 
     procedures involving consultation and agreement between floor 
     and committee leadership on both sides of the aisle.

       4. Recognition for One-Minute Speeches and Special Orders


    Announcement by the Speaker with Respect to One-Minute Speeches

       The Speaker. The Speaker's policy announced on August 8, 
     1984, with respect to recognition for one-minute speeches 
     will apply during the 109th Congress. The Chair will 
     alternate recognition for one-minute speeches between 
     majority and minority Members, in the order in which they 
     seek recognition in the well under present practice from the 
     Chair's right to the Chair's left, with possible exceptions 
     for Members of the leadership and Members having business 
     requests. The Chair, of course, reserves the right to limit 
     one-minute speeches to a certain period of time or to a 
     special place in the program on any given day, with notice to 
     the leadership.


   Announcement by the Speaker with Respect to Special-Order Speeches

       The Speaker. The Speaker's policy announced on February 11, 
     1994, and February 24, 1994, with respect to restricted 
     special-order speeches, will also continue through the 109th 
     Congress with the further clarification that reallocations of 
     time within each leadership special-order period will be 
     permitted with notice to the Chair. Upon consultation with 
     the Minority Leader, the Speaker's policy, which began on 
     February 23, 1994, was reiterated on January 4, 1995, and was 
     supplemented on January 3, 2001, will continue to apply in 
     the 109th Congress as outlined below:
       On Tuesdays, following legislative business, the Chair may 
     recognize Members for special-order speeches up to midnight, 
     and such speeches may not extend beyond midnight. On all 
     other days of the week, the Chair may recognize Members for 
     special-order speeches up to four hours after the conclusion 
     of five-minute special-order speeches. Such speeches may not 
     extend beyond the four-hour limit without the permission of 
     the Chair, which may be granted only with advance 
     consultation between the leaderships and notification to the 
     House. However, at no time shall the Chair recognize for any 
     special-order speeches beyond midnight.
       The Chair will first recognize Members for five-minute 
     special-order speeches, alternating initially and 
     subsequently between the parties regardless of the date the 
     order was granted by the House. The Chair will then recognize 
     longer special orders speeches. A Member recognized for a 
     five-minute special-order speech may not be recognized for a 
     longer special-order speech. The four-hour limitation will be 
     divided between the majority and minority parties. Each party 
     is entitled to reserve its first hour for respective 
     leaderships or their designees. Recognition will alternate 
     initially and subsequently between the parties each day.
       The allocation of time within each party's two-hour period 
     (or shorter period if prorated to end by midnight) is to be 
     determined by a list submitted to the Chair by the respective 
     leaderships. Members may not sign up with their leadership 
     for any special-order speeches earlier than one week prior to 
     the special order, and additional guidelines may be 
     established for such sign-ups by the respective leaderships.
       Pursuant to clause 2(a) of rule V, the television cameras 
     will not pan the Chamber, but a ``crawl'' indicating morning 
     hour or that the House has completed its legislative business 
     and is proceeding with special-order speeches will appear on 
     the screen. The Chair may announce other television camera 
     adaptations during this period.
       The continuation of this format for recognition by the 
     Speaker is without prejudice to the Speaker's ultimate power 
     of recognition under clause 2 of rule XVII should 
     circumstances so warrant.

                          5. Decorum in Debate


       The Speaker. The Chair's announced policies of January 7, 
     2003, January 4, 1995, and January 3, 1991, will apply in the 
     109th Congress. It is essential that the dignity of the 
     proceedings of the House be preserved, not only to assure 
     that the House conducts its business in an orderly fashion 
     but also to permit Members to properly comprehend and 
     participate in the business of the House. To this end, and in 
     order to permit the Chair to understand and to correctly put 
     the question on the numerous requests that are made by 
     Members, the Chair requests that Members and others who have 
     the privileges of the floor desist from audible conversation 
     in the Chamber while the business of the House is being 
     conducted. The Chair would encourage all Members to review 
     rule XVII to gain a better understanding of the proper rules 
     of decorum expected of them, and especially: to avoid 
     ``personalities'' in debate with respect to references to 
     other Members, the Senate, and the President; to address the 
     Chair while standing and only when, and not beyond, the time 
     recognized, and not to address the television or other 
     imagined audience; to refrain from passing between the Chair 
     and a Member speaking, or directly in front of a Member 
     speaking from the well; to refrain from smoking in the 
     Chamber; to disable wireless phones when entering the 
     Chamber; to wear appropriate business attire in the Chamber; 
     and to generally display the same degree of respect to the 
     Chair and other Members that every Member is due.
       The Chair would like all Members to be on notice that the 
     Chair intends to strictly enforce time limitations on debate. 
     Furthermore, the Chair has the authority to immediately 
     interrupt Members in debate who transgress rule XVII by 
     failing to avoid ``personalities'' in debate with respect to 
     references to the Senate, the President, and other Members, 
     rather than wait for Members to complete their remarks.
       Finally, it is not in order to speak disrespectfully of the 
     Speaker; and under the precedents the sanctions for such 
     violations transcend the ordinary requirements for timeliness 
     of challenges. This separate treatment is recorded in volume 
     2 of Hinds' Precedents, at section 1248 and was reiterated on 
     January 19, 1995.

                6. Conduct of Votes by Electronic Device

       The Speaker. The Speaker's policy announced on January 4, 
     1995, with respect to the conduct of electronic votes will 
     continue in the 109th Congress.
       As Members are aware, clause 2(a) of rule XX provides that 
     Members shall have not less than 15 minutes in which to 
     answer an ordinary [rollcall] record vote or quorum call. The 
     rule obviously establishes 15 minutes as a minimum. Still, 
     with the cooperation of the Members, a vote can easily be 
     completed in that time. The events of October 30, 1991, stand 
     out as proof of this point. On that occasion, the House was 
     considering a bill in the Committee of the Whole under a 
     special rule that placed an overall time limit on the 
     amendment process, including the time consumed by [rollcalls] 
     record votes. The Chair announced, and then strictly 
     enforced, a policy of closing electronic votes as soon as 
     possible after the guaranteed period of 15 minutes. Members 
     appreciated and cooperated with the Chair's enforcement of 
     the policy on that occasion.
       The Chair desires that the example of October 30, 1991, be 
     made the regular practice of the House. To that end, the 
     Chair enlists the assistance of all Members in avoiding the 
     unnecessary loss of time in conducting the business of the 
     House. The Chair encourages all Members to depart for the 
     Chamber promptly upon the appropriate bell and light signal. 
     As in recent Congresses, the cloakrooms should not forward to 
     the Chair requests to hold a vote by electronic device, but 
     should simply apprise inquiring Members of the time remaining 
     on the voting clock.
       Although no occupant of the Chair would prevent a Member 
     who is in the well of the Chamber before the announcement of 
     the result from casting his or her vote, each occupant of the 
     Chair will have the full support

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     of the Speaker in striving to close each electronic vote at 
     the earliest opportunity. Members should not rely on signals 
     relayed from outside the Chamber to assume that votes will be 
     held open until they arrive in the Chamber.

                   7. Use of Handouts on House Floor

       The Speaker. The Speaker's policy announced on September 
     27, 1995, which was prompted by a misuse of handouts on the 
     House floor and made at the bipartisan request of the 
     Committee on Standards of Official Conduct, will continue in 
     109th Congress. All handouts distributed on or adjacent to 
     the House floor by Members during House proceedings must bear 
     the name of the Member authorizing their distribution. In 
     addition, the content of those materials must comport with 
     standards of propriety applicable to words spoken in debate 
     or inserted in the Record. Failure to comply with this 
     admonition may constitute a breach of decorum and may give 
     rise to a question of privilege.
       The Chair would also remind Members that, pursuant to 
     clause 5 of rule IV, staff is prohibited from engaging in 
     efforts in the Hall of the House or rooms leading thereto to 
     influence Members with regard to the legislation being 
     amended. Staff cannot distribute handouts.
       In order to enhance the quality of debate in the House, the 
     Chair would ask Members to minimize the use of handouts.

                   8. Use of Equipment on House Floor

       The Speaker. The Speaker's policy announced on January 27, 
     2000, as modified by the change in clause 5 of rule XVII in 
     the 108th Congress, will continue in the 109th Congress. All 
     Members and staff are reminded of the absolute prohibition 
     contained in clause 5 of rule XVII against the use of a 
     wireless telephone or personal computer upon the floor of the 
     House at any time.
       The Chair requests all Members and staff wishing to receive 
     or send wireless telephone messages to do so outside of the 
     Chamber, and to deactivate, which means to turn off, any 
     audible ring of wireless phones before entering the Chamber. 
     To this end, the Chair insists upon the cooperation of all 
     Members and staff and instructs the Sergeant-at-Arms, 
     pursuant to clause 3(a) of rule II and clause 5 of rule XVII, 
     to enforce this prohibition.

                        9. Jurisdictional Issues

       The Speaker. Based on discussions with the relevant 
     committees, the further mutual understandings contained in 
     the final two paragraphs of the ``Memorandum of Understanding 
     Between Energy and Commerce Committee and Financial Services 
     Committee'' dated January 30, 2001, shall no longer provide 
     jurisdictional guidance.
       The policy announced in the 102d Congress with respect to 
     jurisdictional concepts rebated to clause 5(a) of rule XXI--
     tax and tariff measures--will continue to govern but need not 
     be reiterated, as it is adequately documented as precedent in 
     the House Rules and Manual.
       The 109th Congress established the Committee on Homeland 
     Security. The Chair would announce that the Speaker's 
     referrals of measures to the Select Committee on Homeland 
     Security of the 108th Congress will not constitute precedent 
     for referrals to the new committee.

                          ____________________