[Congressional Record Volume 167, Number 2 (Monday, January 4, 2021)]
[House]
[Pages H38-H41]
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 at
the outset of a Congress to announce policies with respect to
particular aspects of the legislative process. The Chair will insert in
the Record announcements concerning:
First, privileges of the floor;
Second, introduction of bills and resolutions;
Third, unanimous-consent requests for the consideration of
legislation;
Fourth, recognition for 1-minute speeches;
Fifth, recognition for Special Order speeches;
Sixth, decorum in debate;
Seventh, conduct of votes by electronic device;
Eighth, use of handouts on the House floor;
Ninth, use of electronic equipment on the House floor; and
Tenth, use of the Chamber.
These announcements, where appropriate, will reiterate the origins of
the stated policies. The Chair intends to continue in the 117th
Congress the policies reflected in these statements.
The policy announced in the 102nd Congress with respect to
jurisdictional concepts related to clauses 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.
Without objection, the announcements will be printed in the Record.
There was no objection.
Privileges of the Floor
The Chair will make the following announcements regarding
floor privileges, which will apply during the 117th Congress.
ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO STAFF
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. 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 of
Members' past insistence upon strict enforcement of the rule.
The Chair requests each committee chair, 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 in the jurisdiction of 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 their ID for a ``committee staff'' badge,
which is to be worn while on the floor. The Chair has
consulted, and will continue to consult with, the Minority
Leader. 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
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Speaker shall be granted the privilege of the floor. The
Speaker intends that this 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's policy announced on February 1, 2006, will
continue to apply in the 117th Congress. The House has
adopted a revision to the rule regarding the admission to the
floor and the rooms leading thereto. Clause 4 of rule IV
provides that a former Member, Delegate or Resident
Commissioner or a former Parliamentarian of the House, or a
former elected officer of the House or a former minority
employee nominated as an elected officer of the House shall
not be entitled to the privilege of admission to the Hall of
the House and the rooms extending thereto if they are a
registered lobbyist or an agent of a foreign principal; have
any direct personal pecuniary interest in any legislative
measure pending before the House, or reported by a committee;
are in the employ of or represents any party or organization
for the purpose of influencing, directly or indirectly, the
passage, defeat, or amendment of any legislative proposal; or
have been convicted by a court of record for the commission
of a crime in relation to that individual's election to, or
service in, the House. This restriction extends not only to
the House floor but adjacent rooms, the cloakrooms and the
Speaker's lobby. Clause 4 of rule IV also allows the Speaker
to exempt ceremonial and educational functions from the
restrictions of this clause. These restrictions shall not
apply to attendance at joint meetings or joint sessions,
Former Members' Day proceedings, educational tours, and other
occasions as the Speaker may designate. Members who have
reason to know that a person 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 policy that the Chair announced on April 6, 2020, with
respect to the introduction of bills and resolutions will
apply permanently in the 117th Congress. All floor
documents--including bills, resolutions, co-sponsor forms,
constitutional authority statements, general leave
statements, and extensions of remarks--may be submitted
electronically to a dedicated and secure email system, or
delivered by hand to staff in the Speaker's Lobby or
Cloakrooms. Electronic and hand-delivered submissions will be
accepted when the House is in session, as well as 15 minutes
immediately before and after. Members and staff should
reference additional detailed guidance from the Clerk's
Office regarding where and how to submit materials
electronically.
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 117th Congress. The
Chair has advised all officers and employees of the House who
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 ensure the integrity of the process
by which legislation is introduced in the House. The Chair
has noted a need for increased attention to detail regarding
the addition of cosponsors to measures to ensure accuracy. To
that end, Members are encouraged to use the template provided
by the Office of the Clerk, which requests Members seeking to
be added as cosponsors to include their printed name,
original signature, and state. Members routinely include
their original signatures, states, and districts when voting
by card in the well, so the Chair is hopeful that the
inclusion of such information on a cosponsor form will be a
familiar task. Under this policy, original signatures may
include those in electronic form.
3. Unanimous-Consent Requests for the Consideration of
Legislation
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 117th 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 the relevant committee chairs
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
ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO ONE-MINUTE SPEECHES
The Speaker's policy announced on August 8, 1984, with
respect to recognition for one-minute speeches will apply
during the 117th 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. In addition,
during the 117th Congress, the Chair will continue the
practice of not recognizing Members for a one minute speech
more than one time per legislative day.
5. Recognition for Special-Order Speeches
ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO SPECIAL-ORDER SPEECHES
The Speaker's policy with regard to special-order speeches
announced on February 11, 1994, as clarified and reiterated
by subsequent Speakers, will continue to apply in the 117th
Congress. The Chair may recognize Members for special-order
speeches for up to 4 hours. Such speeches may not extend
beyond the 4-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, the
Chair will not recognize for any special-order speeches
beyond 10 o'clock in the evening. The 4-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. The second hour reserved to
each party will be divided into two 30-minute periods.
Recognition for one-hour periods and for 30-minute periods
will alternate initially and subsequently between the parties
each day. The Chair wishes to clarify for Members that any
60- or 30-minute period that is not claimed at the
appropriate time will be considered to have expired; this
includes the first 60-minute period of the day. The
allocation of time within each party's 2-hour period (or
shorter period if prorated to end by 10 p.m.) will 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. Additionally, Members must sign up with
their leadership for any special-order speech at least one
day prior to the special order. The Chair will not recognize
a Member for more than one special-order speech per week, nor
may a Member sign up for a second special-order speech in the
same week. 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 the conduct of
morning-hour debate 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 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 and includes the ability to
withdraw recognition for longer special-order speeches
should circumstances warrant.
6. Decorum in Debate
Although clause 5 of rule XVII prohibits Members from
wearing hats on the floor of the House, the Speaker intends
to continue to apply discretion in enforcing this prohibition
in the case of hats or other head coverings worn for reasons
of medical necessity. In addition, the Chair's announced
policies of January 7, 2003, January 4, 1995, and January 3,
1991, will apply in the 117th 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 only during, 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 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
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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.
7. Conduct of Votes by Electronic Device
The Speaker's policy announced on January 4, 1995, with
respect to the conduct of electronic votes will continue in
the 117th Congress with modifications as follows. 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
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 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. 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. Members will be given a
reasonable amount of time in which to accurately record their
votes, and the Chair will endeavor to assess the presence of
the membership and the expectation of further votes prior to
exercising the authority under clause 9 of rule XX or clause
6(g) of rule XVIII. The Speaker believes the best practice
for presiding officers is to await the Clerk's certification
that a vote tally is complete and accurate. Members are
further reminded, in accordance with the Speaker's statement
of January 7, 2016, that the standard policy is to not
terminate the vote when a Member is in the well attempting to
cast a vote. Other efforts to hold the vote open are not
similarly protected. The Chair also recognizes that the
enforcement of this policy will be modified during the
pendency of a covered period pursuant to section 3(s) of
House Resolution 8.
8. Use of Handouts on House Floor
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 the 117th 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.
9. Use of Electronic Equipment on House Floor
The Speaker's policy announced on January 27, 2000, as
clarified on January 6, 2009, and as modified by the change
in clause 5 of rule XVII in the 112th Congress, will continue
in the 117th Congress with modifications as follows. All
Members and staff are reminded of the absolute prohibition
contained in clause 5 of rule XVII against the use of mobile
electronic devices that impair decorum. Those devices include
wireless telephones and personal computers. The Chair wishes
to note that electronic tablet devices do not constitute
personal computers within the meaning of this policy and
thus may be unobtrusively used in the Chamber. No device
may be used for still photography or for audio or video
recording or for live broadcasting. The Chair requests all
Members and staff wishing to receive or make wireless
telephone calls to do so outside of the Chamber. The Chair
further requests that all Members and staff refrain from
wearing telephone headsets in the Chamber and to
deactivate 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. In
light of the changes to rule II and rule XVII in the 115th
Congress, the Chair would like to take this opportunity to
educate all Members and staff on how these changes will be
implemented. The Sergeant-at-Arms is charged with
enforcement of clause 3(g) rule II, which prohibits the
use of electronic devices for still photography or for
audio or visual recording or broadcasting in contravention
of clause 5 of rule XVII and the policies just
articulated. The Chair would advise Members of the
following policies of the Sergeant-at-Arms surrounding the
rules change. The Sergeant-at-Arms will enforce the
prohibition with respect to violations observed first-hand
on the House floor as well as violations that become
apparent at a later time, such as through publication
online or broadcast on television. In the case of
violations observed on the floor, the Sergeant-at-Arms
will hand the offending Member a card noting the
violation, and will follow up by sending the Member a
written letter. In the case of other violations, Members
will receive a written letter detailing the offending
conduct. The fine for a first offense is $500. The fine
for each subsequent offense is $2500. The Sergeant-at-Arms
will endeavor to provide Members a written warning prior
to assessing a fine for a first offense. Because of the
inherent difficulty of enforcing this prohibition during
ceremonial events, the Sergeant-at-Arms may choose not to
cite minor violations occurring during such an event.
Pursuant to clause 3(g)(3) of rule II, in addition to
notifying the Member, Delegate, or Resident Commissioner
concerned, the Sergeant-at-Arms will also notify the
Speaker, the Chief Administrative Officer, and the
Committee on Ethics of any fine imposed. Upon receiving
notification of a fine, a Member, Delegate, or Resident
Commissioner may appeal the fine to the Committee on
Ethics within 30 calendar days or 5 legislative days,
whichever is later. The Sergeant-at-Arms and the Committee
on Ethics are each authorized to establish policies and
procedures for the implementation of these rules. The
Chief Administrative Officer is authorized to establish
policies and procedures for deducting any such fine from a
Member's net salary. It is the desire of the Chair that
any such policies and procedures be submitted for printing
in the Congressional Record. Nothing in the House rules or
this policy deprives the House of its ability to address
breaches of decorum or other violations of House rules
that may give rise to questions of the privileges of the
House under rule IX. The Chair appreciates the attention
of all Members to these efforts.
10. Use of Chamber
The Speaker's policy announced on January 6, 2009, with
respect to use of the Chamber will continue in the 117th
Congress. The Chair will announce to the House the policy of
the Speaker concerning appropriate comportment in the chamber
when the House is not in session. Under clause 3 of rule I,
the Speaker is responsible to control the Hall of the House.
Under clause 1 of rule IV, the Hall of the House is to be
used only for the legislative business of the House, for
caucus and conference meetings of its Members, and for such
ceremonies as the House might agree to conduct there. When
the House stands adjourned, its chamber remains on static
display. It may accommodate visitors in the gallery or on the
floor, subject to the needs of those who operate, maintain,
and secure the chamber to go about their ordinary business.
Because outside ``coverage'' of the chamber is limited to
floor proceedings and is allowed only by accredited
journalists, when the chamber is on static display no audio
or video recording or transmitting devices are allowed. The
long custom of disallowing even still photography in the
chamber is based at least in part on the notion that an image
having this setting as its backdrop might be taken to carry
the imprimatur of the House. The imprimatur of the House
adheres to the Journal of its proceedings, which is kept
pursuant to the Constitution. The imprimatur of the House
adheres to the Congressional Record, which is kept as a
substantially verbatim transcript pursuant to clause 8 of
rule XVII. The imprimatur of the House adheres to the audio
and visual transmissions and recordings that are made and
kept by the television system administered by the Speaker
pursuant to rule V. But the imprimatur of the House may not
be appropriated to other, ad hoc accounts or compositions of
events in its chamber.
11. Conduct during a Covered Period
The Chair's announced policies of December 15, 2020,
November 18, 2020, and July 29, 2020, will apply during the
pendency of a covered period pursuant to section 3(s) of
House Resolution 8. Under clause 2 of rule I, the Chair is
required to preserve order and decorum in the Chamber. This
includes the responsibility to ensure the protection of
Member and staff safety and health during proceedings. This
responsibility is of paramount importance, particularly in
the midst of a pandemic. As such, the Chair wishes to stress
the importance of safe practices. Members and staff will be
required to wear masks at all times in the Hall of the House
without exception, including while Members are under
recognition. Members will not be recognized unless they are
wearing a mask, and recognition will be withdrawn if they
remove their mask while speaking. The Chair expects all
Members and staff to adhere to this requirement as a sign of
respect for the
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health, safety, and well-being of others present in the
Chamber and surrounding areas. Members and staff will not be
permitted to enter the Hall of the House without wearing a
mask. Masks will be available at the entry points for any
Member who forgets to bring one. The Chair views the failure
to wear a mask as a serious breach of decorum. The Sergeant-
at-Arms is directed to enforce this policy. Based upon the
health and safety guidance from the attending physician and
the Sergeant-at-Arms, the Chair would further advise that all
Members should leave the Chamber promptly after casting their
votes. Furthermore, Members should avoid congregating in the
rooms leading to the Chamber, including the Speaker's lobby.
The Chair will continue the practice of providing small
groups of Members with a minimum of 5 minutes within which to
cast their votes. Members are encouraged to vote with their
previously assigned group. After voting, Members must clear
the Chamber to allow the next group a safe and sufficient
opportunity to vote. It is essential for the health and
safety of Members, staff, and the U.S. Capitol Police to
consistently practice social distancing and to ensure that a
safe capacity be maintained in the Chamber at all times. To
that end, the Chair appreciates the cooperation of Members
and staff in preserving order and decorum in the Chamber and
in displaying respect and safety for one another by wearing a
mask and practicing social distancing. All announced
policies, including those addressing decorum in debate and
the conduct of votes by electronic device, shall be carried
out in harmony with this policy during the pendency of a
covered period.
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