[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Recognition]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 749]]
RECOGNITION
A. Introductory; Power of Recognition
Sec. 1. In General; Seeking Recognition
Sec. 2. Power and Discretion of Chair
Sec. 3. Limitations; Basis for Denial
Sec. 4. Alternation in Recognition
B. Right to Recognition; Priorities
Sec. 5. In General
Sec. 6. Priorities of Committee Members
Sec. 7. Right of Member in Control
Sec. 8. Right to Open and Close General Debate
Sec. 9. -- To Close Debate on Amendments
C. Recognition on Particular Questions
Sec. 10. In General; As to Bills
Sec. 11. For Motions
Sec. 12. Of Opposition After Rejection of Motion
Sec. 13. As to Special Rules
Sec. 14. Under the Five-minute Rule
Sec. 15. -- Under Limited Five-minute Debate
Sec. 16. As to House-Senate Conferences
Research References
2 Hinds Secs. 1419-1479; 5 Hinds Secs. 4978-5079
6 Cannon Secs. 283-313; 8 Cannon Secs. 2448-2478
Manual Secs. 354-357, 753-759, 764, 782, 807, 827, 906, 908
A. Introductory; Power of Recognition
Sec. 1 . In General; Seeking Recognition
In order to address the House or speak on any matter, or to make a
motion or objection, a Member must first secure recognition from the
[[Page 750]]
Speaker in the House or from the Chairman of the Committee of the
Whole. See Rule XIV clause 1. Manual Sec. 749. Under the rule, the
Chair has the power and discretion to determine who will be
recognized, and for what purpose. 2 Hinds Secs. 1422-1424. Generally,
see Sec. 2, infra. To determine a Member's claim to the floor, the
Chair may ask for what purpose a Member rises, and grant recognition
only for the specific purpose indicated. 78-2, Jan. 26, 1944, p 746;
89-1, July 2, 1965, p 18631.
Duty to Rise and Remain Standing
Members must seek recognition at the proper time in order to
protect their rights under the rules to make points of order or to
offer amendments. 91-2, Apr. 14, 1970, p 11649. A Member must be on
his feet and must address the Chair in order to be recognized (93-2,
Dec. 17, 1974, p 40509; 98-1, Oct. 26, 1983, p 29430) and may not
remain seated at the committee table while engaging in debate. 94-2,
June 28, 1976, p 21021. A Member controlling the floor in debate must
remain standing (although a Member who inadvertently seats himself and
then immediately stands again before the Chair recognizes another
Member may be permitted to retain control of the floor). 95-1, Oct.
19, 1977, p 34220. A Member who resumes his seat after being called to
order loses his claim to prior right of recognition. 5 Hinds
Sec. 5016.
The mere placing of an amendment on the Clerk's desk does not
bestow recognition. 88-2, Feb. 6, 1964, p 2290. Where numerous
amendments that might be offered to a bill have been left with the
Clerk, the Chair may remind all Members seeking to offer amendments
not only to stand but to seek recognition at the appropriate time. 95-
2, Aug. 3, 1978, p 24227. A Member recognized in support of an
amendment may yield to another for a question or a brief statement,
but he must remain standing in order to protect his right to the
floor. 88-2, Mar. 12, 1964, p 5100.
Forms
The language used to obtain the floor and in granting recognition
to Members follows a traditional format of long-standing:
Member: Mr. Speaker (or Mr. Chairman). . . .
Note: This form of address is used whether the Member is seeking
recognition to offer a proposition or interrupt a Member having the
floor. 5 Hinds Sec. 4979; 6 Cannon Secs. 193, 284. Such salutations as
``Gentlemen of the House'' or ``Ladies and gentlemen'' are not in
order. 6 Cannon Sec. 285. Where a woman is presiding, the term ``Madam
Speaker'' or ``Madam Chairman'' is used. 6 Cannon Sec. 284.
[[Page 751]]
The Speaker (or Chairman): For what purpose does the gentleman (or
gentlewoman) rise?
Note: This question enables the Chair to determine whether the
Member proposes a matter that may be entitled to precedence or is
otherwise in order under the rules of the House. 6 Cannon Secs. 289-
291. 100-2, Feb. 17, 1988, p 1584.
Member: I propose to offer a motion to __________ (or raise other
stated business).
The Speaker (or Chairman): The Chair recognizes the gentleman from
__________ (Member's home state).
Recognition to Interrupt a Member
A Member who wishes to interrupt another who has the floor must
first obtain recognition from the Chair. 84-2, June 29, 1956, p 11455;
87-1, June 7, 1961, p 9681. However, it is entirely within the
discretion of the Member occupying the floor to determine when and by
whom he shall be interrupted. Manual Sec. 364. The interrupting Member
is not entitled to the floor until recognized by the Chair even though
he may have been yielded time by the Member in charge of the time. 71-
3, Feb. 28, 1931, pp 6575-77.
Cross References
Recognition is governed in specific instances and in specific
parliamentary situations by practices covered fully elsewhere in this
work. See, for example, Amendments; Previous Question; Refer and
Recommit; Reconsideration.
Sec. 2 . Power and Discretion of Chair
In Jefferson's time, the Speaker was required by House rule to
recognize the Member who was ``first up.'' 2 Hinds Sec. 1420. In case
of doubt there was an appeal from his recognition of a particular
Member. 2 Hinds Secs. 1429-1434. This practice was changed beginning
in 1879, when the House adopted a report asserting that ``discretion
must be lodged with the Presiding Officer.'' The report alluded to the
practice of listing those Members desiring to speak on a given
proposition, but indicated that the Chair should not be obligated to
follow the order stipulated but should be free to exercise ``a wise
and just discretion in the interest of full and fair debate.'' 2 Hinds
Sec. 1424. Today, the rules of the House give the Chair the power and
discretion to decide who shall be recognized (88-2, Apr. 8, 1964, p
7302); and his decision is no longer subject to appeal. 8 Cannon
Secs. 2429, 2646; 103-1, July 23, 1993, p ____; Manual Sec. 753.
(There has been no appeal from a decision of the Speaker on a question
of recognition since 1881. Manual Sec. 356.)
[[Page 752]]
Of course, the recognition of particular Members is often governed
by House rules and precedents pertaining to the order of business or
by special rules from the Committee on Rules. See Sec. 3, infra. But
where matters of equal privilege are pending, the order of their
consideration is subject to the Speaker's discretionary power of
recognition. 89-2, Sept. 22, 1966, p 23691. It follows that when more
than one Member seeks recognition to call up privileged business it is
within the discretion of the Speaker as to whom he shall recognize.
Rule XIV clause 2. 87-2, Aug. 27, 1962, pp 17654, 17670.
Rule XXV, which provides that questions relating to the priority
of business are to be decided by a majority without debate (Manual
Sec. 900), may not be invoked to inhibit the Speaker's power of
recognition. 94-1, July 31, 1975, p 26249.
Sec. 3 . Limitations; Basis for Denial
The Speaker's power of recognition is subject to any limitations
imposed by the House rules (91-2, July 29, 1970, p 26419), such as the
rule prohibiting the Chair from recognizing a Member to draw attention
to gallery occupants (Rule XIV clause 8, Manual Sec. 764). 83-2, July
27, 1954, p 12253. The Chair's power of recognition is also governed
by established practice and precedent, such as the long-standing
tradition that a member of the committee reporting a bill is first
recognized for motions to dispose of the bill. See Sec. 11, infra.
Sec. 4 . Alternation in Recognition
In the House
Traditionally but, under modern practice, not necessarily, the
Chair in recognizing for general debate in the House alternates
between those favoring and those opposed, preferring members of the
committee reporting the bill. 2 Hinds Secs. 1439-1443. Under the
standing rules of the House, the Member reporting or calling up a
measure is entitled to recognition for one hour, during which time he
may yield to others as he may choose; at the close of that hour,
unless the previous question is moved, the ranking Member in
opposition may be recognized for an hour with the same privilege of
yielding. Thereafter, until the previous question is invoked, other
Members favoring and opposing the measure are recognized, alternately,
preference again being given to members of the committee reporting the
measure. 8 Cannon Sec. 2460.
In alternating, the Chair recognizes Members on either side of the
question, and not necessarily between members of the majority and
minority par-
[[Page 753]]
ties of the House. 80-1, July 18, 1947, pp 9311 et seq. Absent a
special rule making party affiliation pertinent, the Chair alternates
according to differences on the pending question rather than on
account of political affiliations. 2 Hinds Sec. 1444. A special order
providing for a division of time for debate between those ``for and
against'' a proposition does not necessarily require a division
between the majority and minority parties of the House but rather
between those actually favoring and opposing the measure. 7 Cannon
Sec. 766. Under a special rule providing for equal division of time
for debate between those favoring and those opposing a bill, without
designating who should control the time, it is within the discretion
of the Chair to recognize a Member supporting and a Member opposing
the measure. 7 Cannon Sec. 785. But where the rule allots control of
time to ``the chairman and the ranking minority member of the
committee'' the term ``minority'' is construed to refer to the
minority party in the House and not to those in the minority on the
pending question. 7 Cannon Sec. 767.
In Committee of the Whole
A similar alternation procedure is followed during general debate
in the Committee of the Whole. The usual practice is for the Chair,
pursuant to special rule from the Committee on Rules or by unanimous
consent, to alternate between those controlling time, usually the
Chairman and ranking minority member. cf. 7 Cannon Sec. 875.
It is the usual practice in the Committee of the Whole, during
debate under the five-minute rule, to alternate between majority and
minority members, giving priority to members of the reporting
committee. 92-1, Sept. 30, 1971, p 34287; 94-2, June 11, 1976, p
17764. Where Members have amendments to offer during such debate, the
Chair alternates recognition between majority and minority members,
with members of the committee reporting the pending bill being
entitled to prior recognition over noncommittee members. 98-1, May 4,
1983, p 11068. The principal of alternation is applicable in theory
even to pro forma amendments, where Members merely move to strike the
last word. Where the Chair has no knowledge as to whether specific
Members oppose or support the pending proposition, the Chair cannot
strictly alternate between both sides of the question. 98-2, June 7,
1984, p 15423. Where an amendment is offered, a strict reading of the
``five-minute rule'' [Rule XXIII clause 5(a)], requires the five
minutes allotted the proponent to be followed by recognition of a
Member in opposition to the amendment.
[[Page 754]]
B. Right to Recognition; Priorities
Sec. 5 . In General
As a general proposition it may be stated that the Speaker or
Chairman has the discretion to determine the order or sequence in
which Members will be recognized in debate. 90-1, July 19, 1967, p
19416. Indeed, the rules specifically authorize the Speaker to ``name
the Member who is first to speak'' when two or more Members rise at
once. Rule XIV clause 2. Manual Sec. 753. It should be emphasized
however that the Chair's determination of priorities is governed by
many factors--such as whether the pending proposition has been
reported by a committee or has been called up directly by a Member or
whether the motion or measure is given priority or is privileged under
the rules. Priorities in debate may also vary depending on whether the
matter is being considered in general debate or under the five-minute
rule. Whether the pending matter is an amendment or a motion must also
be taken into account. In recognizing Members to move to recommit, for
example, the Speaker gives preference to minority members of the
committee reporting the bill who are opposed to the bill. 86-1, June
19, 1959, p 11372. Generally, see Refer and Recommit.
Sec. 6 . Priorities of Committee Members
Priority of Committee Members Over Nonmembers
Absent a special rule providing to the contrary, the members of
the committee reporting a bill are entitled to prior recognition over
nonmembers for debate on the bill. 2 Hinds Secs. 1438, 1448; 6 Cannon
Secs. 306, 307; 77-1, Feb. 10, 1941, p 875; Manual Sec. 756. Members
of the committee reporting a bill also have priority of recognition to
make points of order against proposed amendments to the bill. 81-1,
Mar. 30, 1949, p 3520. Priority of recognition under the five-minute
rule, see Sec. 14, infra.
The practice of according priority to committee members is an
ancient one, having been adapted from that of the English Parliament.
It is reasoned that the members of the reporting committee--having
worked for months if not years on the legislation--are naturally more
familiar with its strengths and weaknesses. 77-1, Mar. 6, 1941, pp
1921, 1922. They are entitled to prior recognition even over the
Member who introduced the bill and who is its author. 75-1, July 8,
1937, p 6946. If on the other hand the proposition has been brought
directly before the House independently of a committee, the proponent
is entitled to prior recognition for motions and debate. Sec. 10,
infra.
[[Page 755]]
Priorities as Between Committee Members
Recognition is extended to committee members on the basis of their
committee seniority (75-1, Apr. 14, 1937, p 3456), with the chair
alternating between members of the majority and the minority (Sec. 4,
supra). Where opposition is relevant to recognition, if no committee
member rises in opposition to the measure, then any Member may be
recognized in opposition. 2 Hinds Sec. 1445; 7 Cannon Sec. 958.
Recognition of Committee Chairmen
The chairman of the reporting committee usually has charge of the
bill and is entitled at all stages to prior recognition for allowable
motions intended to expedite it. Sec. 11, infra. If the chairman is
opposed to the bill, however, he ordinarily yields prior recognition
to a member of his committee who has favored the bill. 2 Hinds
Sec. 1449.
Effect of Failure to Seek Recognition
Although members of the committee reporting a bill under
consideration usually have preference of recognition, a member may
lose such preference if he does not seek recognition in a timely
manner. 90-1, Aug. 8, 1967, p 21842. The Chair may recognize another
on the basis that the committee member, though standing, is not
actively seeking recognition. 95-2, Aug. 4, 1978, p 24439.
Sec. 7 . Right of Member in Control
Where a Member has been placed in charge of a bill by the
reporting committee, or has been so designated by a special rule from
the Committee on Rules, the Member named as manager is recognized to
call up the measure. 75-1, Feb. 24, 1937, p 1562; 76-3, June 6, 1940,
p 7706. Preference in recognition is accorded by the Chair to the
manager over other Members. 79-1, Sept. 11, 1945, p 8510. This
priority in recognition of the Member in charge over other Members
prevails in both the House (79-1, Sept. 11, 1945, p 8510) and in the
Committee of the Whole (75-1, July 8, 1937, p 6946).
The Member in charge of the bill is also entitled at all stages to
prior recognition for allowable motions intended to expedite the bill
(2 Hinds Sec. 1457; 6 Cannon Sec. 300), from the time of its first
consideration (2 Hinds Sec. 1451) to the time of consideration of
Senate amendments (2 Hinds Sec. 1452) and conference reports (6 Cannon
Sec. 301). The Member who has been recognized to call up a measure in
the House has priority of recognition to move the previous question
thereon even over the chairman of the committee reporting that
measure. 99-2, Oct. 1, 1986, pp 27466-68.
[[Page 756]]
The fact that a Member has the floor on one matter does not
necessarily entitle him to prior recognition on a motion relating to
another matter. 2 Hinds Sec. 1464. Before the Member in charge has
begun his remarks, a Member proposing a preferential motion is
entitled prior recognition. 5 Hinds Secs. 5391-5395. However, once
debate has begun, a Member may not by offering a debatable motion of
higher privilege than the pending motion deprive the Member in charge
of the floor. 2 Hinds Secs. 1460-1463; 6 Cannon Secs. 297, 298; 8
Cannon Secs. 2454, 3183, 3193, 3197, 3259.
Sec. 8 . Right to Open and Close General Debate
Generally
The House rules provide that the Member reporting a measure from a
committee is entitled to open and close general debate on that
measure. Rule XIV clause 3. Manual Sec. 759. And although a House rule
precludes a Member from speaking twice on the same question, that rule
makes an exception for the ``mover, proposer, or introducer'' of the
pending matter; that Member is permitted to speak in reply after other
Members choosing to speak have spoken. Rule XIV clause 6. Manual
Sec. 762. Where a special order or a unanimous-consent request places
the control of debate in a ``manager,'' or divides the time between
the Chairman and ranking minority member of the committee reporting
the measure, those controlling the time may yield to other Members as
often as they desire, and are not restricted by this rule. The
minority member controlling one-half of the time must consume it or
yield it back prior to the closing of debate. 94-2, Mar. 2, 1976, p
4979; 99-2, May 13, 1986, p 10503.
The manager of a bill for purposes of closing general debate may
be the chairman of the reporting committee or a designated majority
member of that committee. 99-1, Mar. 26, 1985, p 6283.
The right of the manager to open and close general debate under
Rule XIV clause 3 is recognized in both the House and the Committee of
the Whole. 99-1, Mar. 26, 1985, p 6283. In the House, the right to
close is lost if the previous question is ordered. 5 Hinds Sec. 4997.
Rights of Proponents
The manager of a bill in control of the time, and not its
proponent, is ordinarily entitled to close general debate. 99-1, Mar.
26, 1985, p 6283. But where existing law provides that general debate
in the Committee of the Whole on a joint resolution shall be equally
divided and controlled by proponents and opponents, a proponent has
the right to open and close general debate. 99-1, Apr. 23, 1985, p
8964. Where a joint resolution having no
[[Page 757]]
``sponsor'' and which had not been referred to a committee was made in
order by a special rule, its proponent was recognized to open and
close general debate, there being no ``manager'' of the pending
resolution. 99-2, Apr. 16, 1986, pp 7611, 7629.
Sec. 9 . -- To Close Debate on Amendments
Recognition of Manager of Bill
In the Committee of the Whole, the Member managing the bill is
entitled to prior recognition to move to close debate on a pending
amendment over other Members who desire to debate the amendment or to
offer amendments thereto. 91-2, Nov. 25, 1970, p 38990. The manager is
recognized for that purpose whether debate is proceeding under the
five-minute rule or where debate has been limited and divided between
the proponent of the amendment and a Member opposed thereto, and the
manager is the opponent representing the committee position. 98-2,
Apr. 4, 1984, p 7841.
Ordinarily the manager of a bill, including the minority manager
or other representative of the reporting committee's position, and not
the proponent of an amendment has the right to close debate on an
amendment on which debate has been limited and allocated under the
five-minute rule in the Committee of the Whole. Manual Sec. 762. This
principle prevails even where the manager of the bill is the proponent
of a pending amendment to the amendment. 98-1, Mar. 16, 1983, p 5792.
Where the pending text includes a provision recommended by a committee
of sequential referral, a member of that committee is entitled to
close debate against an amendment thereto. Manual Sec. 762. Where
debate time has been allocated among several members of the reporting
committee, the senior majority member may be recognized to close
debate on amendments opposed by the committee. 99-2, Aug. 11, 1986, p
20709.
To avoid the sometimes difficult task of identifying committee
positions on pending amendments, the Chair devised the following
principle: By recommending an amendment in the nature of a substitute,
a reporting committee implicitly opposes a further amendment that
could have been included therein, so that a committee representative
who controls time in opposition may close debate thereon. Manual
Sec. 762.
Effect of Special Rule
Where a special rule limits debate on designated amendments and
allocates time between the proponent and an opponent, the manager of
the bill will be recognized to control debate in opposition to the
amendment if he qualifies as opposed. 97-2, Dec. 1, 1982, p 28235. In
such instances, the
[[Page 758]]
manager of the bill recognized to control the time on behalf of the
committee in opposition to the amendment has the right to close the
debate on the amendment. 97-1, June 18, 1981, p 12977; 98-2, June 29,
1984, pp 20250, 20253. Where debate time has been allocated among
several Members from the reporting committee, the senior majority
manager may be recognized to close debate on amendments opposed by the
committee. 99-2, Aug. 11, 1986, p 20709.
Where the manager of the bill is also the proponent of an
amendment thereto, his right to close limited debate may not exist
where the amendment was made in order as a nongermane amendment by a
special rule, in which case an opponent representing the reporting
committee's position may close. 104-2, May 22, 1996, p ____.
Recognition of Proponent of Amendment
While the manager of a bill, and not the proponent of an amendment
thereto, normally has the right to close debate on the amendment, the
proponent of an amendment has the right to close debate thereon where:
The amendment represents the reporting committee position, and
is not opposed by the manager of the bill. 99-2, Aug. 14, 1986,
p 21718.
The Member controlling time in opposition does not represent
the position of a reporting committee. 102-2, June 4, 1992, p
____.
The committee manager does not oppose the amendment and where
the committee has taken no position on the amendment. 99-2,
Aug. 15, 1986, pp 22056, 22057.
An unreported bill is being considered pursuant to a special
order dividing the time for debate on an amendment between a
proponent and an opponent, there being no committee manager.
99-1, Apr. 24, 1985, pp 9206, 9228 et seq. See also Manual
Sec. 762.
Where no representative from the reporting committee opposes
an amendment to a multi-jurisdictional bill. Manual Sec. 762.
C. Recognition on Particular Questions
Sec. 10 . In General; As to Bills
Under a practice of long-standing, when a bill is called up in the
House control of debate is given by special rule from the Committee on
Rules to the chairman and ranking minority member of the reporting
committee(s), and recognition is extended accordingly. 89-2, Sept. 25,
1966, p 23762. In the absence of the chairman and ranking minority
member designated by the rule, the Chair recognizes the next ranking
majority and minority members for control of such debate. 77-2, July
23, 1942, pp 6542-46. If on the other
[[Page 759]]
hand the proposition has been brought directly before the House
independently of a committee, the proponent is entitled to prior
recognition for motions and debate. 2 Hinds Secs. 1446, 1454; 8 Cannon
Sec. 2454.
Recognition to offer amendments, see Amendments. Recognition for
parliamentary inquiries and points of order, see Points of Order;
Parliamentary Inquiries.
Discharged Bills
If a bill has not been reported from committee but is before the
House pursuant to a motion to discharge, the proponents of that motion
are entitled to prior recognition for the purpose of managing the
bill. 72-1, June 14, 1932, p 12911; 91-2, Aug. 10, 1970, p 28004.
Recognition of Members for debate on the motion, see Rule XXVII clause
4 (Manual Sec. 908). See also Discharging Measures from Committees. In
recognizing a Member to control time for debate in opposition to a
discharged bill, the Chair recognizes the chairman of the committee
having jurisdiction of the subject matter if he is opposed. 81-2, Aug.
14, 1950, p 12543.
Bills Called Up by Unanimous Consent
Where a bill is called up in the House by a Member pursuant to a
unanimous-consent agreement, the Member calling up the bill is
recognized for one hour, and amendments may not be offered by other
Members unless he yields for that purpose or unless the previous
question is rejected. 87-2, Oct. 5, 1962, pp 22606-09.
Sec. 11 . For Motions
As noted earlier, the Member in charge of a bill is entitled at
all stages to prior recognition for allowable motions intended to
expedite the bill. Sec. 7, supra. The proponent of a motion is also
subject to a determination by the Chair that recognition is to be
extended to another Member with a motion of higher privilege. Thus,
where one Member moves a call of the House, and another Member
immediately moves to adjourn, the Chair will recognize the latter, the
motion to adjourn being of higher privilege. See, for example, 88-1,
June 12, 1963, p 10739. The Member with the preferential motion must
offer it before the other Member has begun debate, if the motion is
debatable, since a Member may not, by attempting to offer a
preferential motion, deprive another Member--who has begun his
remarks--of the floor. 8 Cannon Sec. 3197.
A Member may lose his right to the floor if he neglects to claim
it before another Member with a motion has been recognized. 2 Hinds
Sec. 1435. A Member desiring to offer a motion must actively seek
recognition from
[[Page 760]]
the Chair before another motion to dispose of the pending question has
been adopted, and the fact that he may have been standing at that time
is not sufficient to confer recognition. 97-1, Nov. 22, 1981, p 28751.
However, the mere making of a motion does not confer recognition, and
where another Member has shown due diligence he may be recognized even
though a motion has been made. 78-1, Apr. 16, 1943, p 3502.
For treatment of recognition to offer particular kinds of motions,
see Previous Question, Suspension of Rules, and other articles dealing
with specific motions.
Sec. 12 . Of Opposition After Rejection of Motion
Generally
Where an essential motion made by the Member in charge of a
measure is defeated, the right to prior recognition passes to a Member
opposed as determined by the Speaker. 2 Hinds Secs. 1465-1468. 93-2,
Oct. 7, 1974, pp 34151, 34157-59; Manual Sec. 755. Thus, where the
previous question is rejected on a pending resolution, the Chair
recognizes a Member opposed to the resolution who may then offer an
amendment. 6 Cannon Sec. 308; 91-2, June 16, 1970, pp 19837-44. And
the recognition of that Member is not precluded by the fact that he
has been previously recognized and had offered an amendment which was
ruled out on a point of order. 91-1, Jan. 3, 1969, pp 27-29.
The rule that the defeat of an essential motion offered by the
Member in charge causes recognition to pass to the opposition is
applicable when:
House disagrees to a motion to lay an adversely reported
resolution of inquiry on the table. 82-2, Feb. 20, 1952, pp
1205-07.
House disagrees to the previous question on a resolution
reported from the Committee on Rules. 89-2, Oct. 19, 1966, p
27225.
House disagrees to the previous question on a resolution
relating to the seating of a Member-elect. 90-1, Jan. 10, 1967,
p 14.
House disagrees to the previous question on a resolution to
discipline a Member of the House. 6 Cannon Sec. 236.
House disagrees to the previous question on a resolution
providing for adoption of rules. 6 Cannon Sec. 308.
House rejects a motion to concur in a Senate amendment with an
amendment. 88-1, May 14, 1963, pp 8508-11. (Recognition passes
to opposition for disposition of that Senate amendment only.)
Committee of Whole reports a bill adversely. 4 Hinds
Sec. 4897; 8 Cannon Sec. 2430.
Committee of the Whole reports a bill with the recommendation
that the enacting clause be stricken out. 8 Cannon Sec. 2629.
[[Page 761]]
The rule that recognition passes to Member of the opposition is
applicable upon defeat of an essential motion by the Member in charge
of the bill. A motion to postpone consideration to a day certain is
not an essential motion whose defeat requires recognition to pass to a
Member opposed. 72-1, June 2, 1930, p 3548. And the mere defeat of an
amendment proposed by the Member in charge does not cause the right to
prior recognition to pass to the opponents. 2 Hinds Sec. 1478.
Moreover, the recognition for a motion by a Member in opposition may
be preempted by a motion of higher precedence. 97-2, Aug. 13, 1982, pp
20969, 20975-78; Manual Sec. 755.
Effect of Rejection of Conference Report
The right to prior recognition ordinarily passes to a Member of
the opposition when the House refuses to order the previous question
on a conference report and then rejects the report, since control
passes to the opposition upon rejection of the motion for the previous
question. 2 Hinds Secs. 1473-1475; 5 Hinds Sec. 6396. But the
invalidation of a conference report on a point of order, while
equivalent to its rejection by the House, does not give the Member
raising the question of order the right to the floor (8 Cannon
Sec. 3284) and exerts no effect on the right to recognition (6 Cannon
Sec. 313). Rejection of a conference report after the previous
question has been ordered thereon does not cause recognition to pass
to a Member opposed to the report, and the manager retains control to
offer the initial motion to dispose of amendments in disagreement. 2
Hinds Sec. 1477; 94-1, May 1, 1975, p 12761.
Sec. 13 . As to Special Rules
Calling Up Special Rules
Recognition to call up special rules--that is, order-of-business
resolutions from the Committee on Rules--may be sought pursuant to the
provisions of Rule XI clause 4(c). Manual Sec. 730. Ordinarily, only a
member of the Committee on Rules designated to call up a special rule
from the committee may be recognized for that purpose. 76-3, June 6,
1940, p 7706. But where a special rule has been reported by the
committee and has not been called up within the seven legislative days
specified by clause 4(c), recognition to call it up may be extended to
any member of that committee (96-1, Oct. 24, 1979, p 29395), including
a minority member (96-1, Nov. 13, 1979, p 32185; 96-2, Sept. 25, 1980,
pp 27417-24). The Member calling up the resolution must have announced
his intention one calendar day before seeking recognition. See Manual
Sec. 730. And since the motion to call up such a resolution is
privileged, the Speaker would be obliged to recognize
[[Page 762]]
for this purpose unless another matter of privilege was also proposed,
in which case the order of consideration would be determined pursuant
to the Speaker's discretionary power to grant recognition. 89-2, Sept.
22, 1966, p 23691.
Recognition for Debate
A Member recognized to call up a special rule or resolution by
direction of the Committee on Rules controls one hour of debate
thereon and may offer one or more amendments thereto. 95-1, July 29,
1977, p 25653. He need not have the specific authorization of the
committee to offer an amendment. 101-2, Sept. 25, 1990, p ____. He is
recognized for a full hour notwithstanding the fact that he has
previously called up the resolution and temporarily withdrawn it after
debate. 88-2, Apr. 8, 1964, pp 7303-08. Other Members may be
recognized only if yielded time. 90-2, Oct. 8, 1968, pp 30217, 30222-
24. The resolution is not subject to amendment from the floor by
another Member unless the Member in charge yields for that purpose or
unless the House rejects the previous question. 94-2, Feb. 26, 1976,
pp 4625, 4626.
Where the resolution is called up with reported technical
amendments, the amendments are sometimes reported and acted on before
the Member reporting the resolution is recognized for debate thereon.
88-2, Aug. 19, 1964, pp 20213, 20221. But ordinarily the manager's
amendments are voted on after debate and after the previous question
is ordered on the amendments and on the resolution. 101-2, Sept. 25,
1990, p ____.
In the event that the previous question is rejected on the
resolution, it is subject to amendment, further debate, or a motion to
table or refer, and the Member who led the opposition to the previous
question has the prior right to recognition (89-2, Oct. 19, 1966, pp
27713, 27725-29; 96-2, May 29, 1980, pp 12667-78), subject to being
preempted by a preferential motion offered by another Member (97-2,
Aug. 13, 1982, pp 20969, 20975-78).
Sec. 14 . Under the Five-minute Rule
Generally; Effect of Special Rule
Recognition of Members to offer amendments in the Committee of the
Whole under the five-minute rule is within the Chair's discretion and
cannot be challenged on a point of order. 94-2, June 11, 1976, p
17764. The Chair does not anticipate the order in which amendments may
be offered nor does he declare in advance the order in which he will
recognize Members proposing amendments. 89-2, Sept. 8, 1966, p 22020.
Of course, if a special rule reported from the Committee on Rules
specifies those Members who are to
[[Page 763]]
control debate, the Chair will extend recognition accordingly. But
where the special rule merely makes in order the consideration of a
particular amendment, it does not confer a privileged status on the
amendment and does not, absent legislative history establishing a
contrary intent by that committee, alter the principle that
recognition to offer an amendment under the five-minute rule is within
the discretion of the Chairman of the Committee of the Whole. 95-2,
May 23, 1978, p 15095. As to the effect of special rules on the
control and distribution of debate time, see Consideration and Debate.
Priority of Committee Members over Noncommittee Members
In extending recognition for debate under the five-minute rule the
Chair follows certain guidelines as a matter of long-standing custom.
Among them is that recognition to debate an amendment under the five-
minute rule is first accorded to members of the committee reporting
the bill over Members of the House who are not on that committee. 92-
1, Sept. 30, 1971, p 34287; 94-2, June 11, 1976, p 17764. Committee
amendments to a section are considered before the Chair entertains
amendments from the floor. 88-1, June 24, 1963, p 11396. Thus, the
Chair will normally recognize a member of a committee reporting a bill
to offer a substitute for an amendment before recognizing a
noncommittee member, although that committee member may already have
been separately recognized to debate the original amendment. 96-1,
Oct. 18, 1979, p 28770. Members of the committee reporting a pending
bill are entitled to prior recognition over noncommittee members
without regard to their party affiliation. Thus the Chair may accord
prior recognition to minority members of the reporting committee to
offer amendments over majority noncommittee members. 93-2, July 22,
1974, pp 24454, 24457.
Priorities as Between Committee Members
In bestowing recognition under the five-minute rule, the Chair
gives preference to the chairman of the committee reporting the bill
under consideration. 90-1, Nov. 15, 1967, p 32655. Thereafter, the
Chair endeavors to alternate between majority party and minority party
members of the reporting committee. 92-1, Sept. 30, 1971, p 34287; 94-
2, June 11, 1976, p 17764. Priority of recognition to offer amendments
is extended to members of the full committee reporting the bill,
alternating between the majority and minority, and the Chair does not
accord prior recognition to members of the subcommittee which
considered the bill over other members of the full committee. 96-2,
July 2, 1980, p 18292. But in five-minute debate on appropriation
bills the Chair may under some circumstances recognize members of
[[Page 764]]
the subcommittee handling the bill first, and then recognize members
of the full Appropriations Committee. 91-1, July 30, 1969, p 21420.
In recognizing Members to offer amendments under the five-minute
rule, the Chair normally recognizes members of the committee handling
the bill in the order of their seniority on the committee. 81-1, July
21, 1949, p 9936; 91-2, July 23, 1970, p 25635; 95-2, May 17, 1978, p
14145. But recognition under the five-minute rule remains within the
discretion of the Chair, and on rare occasions he has recognized a
junior member of the committee reporting the bill. 91-1, Oct. 2, 1969,
p 28101.
Sec. 15 . -- Under Limited Five-minute Debate
The House, by unanimous consent, may agree to limit or extend
debate under the five-minute rule in the Committee of the Whole,
whether or not that debate has commenced. In the Committee of the
Whole, debate under the five-minute rule may be limited by the
Committee by unanimous consent or, after preliminary debate, by
motion. See Consideration and Debate. When such a limitation has been
agreed to, the general rules of recognition applied under the five-
minute rule are considered abrogated. 91-1, Sept. 16, 1969, p 25633.
Decisions regarding recognition during the remaining debate time, a
division not having been ordered as part of the limitation, are
largely within the discretion of the Chair. 91-2, May 6, 1970, p
14467; 94-1, June 19, 1975, pp 19785-87; 95-1, June 14, 1977, p 18833.
He may, in his discretion, either (1) permit continued debate under
the five-minute rule, (2) allocate the remaining time among those
desiring to speak, or (3) divide the time between a proponent and an
opponent to be yielded by them. 97-2, May 25, 1982, p 11672. The order
in which the Chair recognizes Members desiring to speak is also
subject to his discretion; and he may take into account such factors
as their committee status, whether they have amendments at the desk,
and their seniority. 89-2, Oct. 14, 1966, p 26976. In exercising these
discretionary powers the Chair may:
Announce that he will attempt to divide the time equally among
those Members standing at the time the limitation is imposed
and then, if time remains, recognize other Members seeking
recognition. 89-2, Aug. 1, 1966, p 17759; 90-1, May 24, 1967, p
13824.
Divide the time equally among all those Members who were on
their feet seeking recognition (89-1, Mar. 26, 1965, p 6113),
whether or not they have previously spoken to the question (90-
1, May 24, 1967, p 13824).
Recognize Members wishing to offer amendments and those
opposed to the amendments. 91-2, May 6, 1970, p 14465.
Divide the time between the majority and minority managers of
the bill. 94-2, Apr. 1, 1976, p 9088.
[[Page 765]]
Allocate time on an amendment between the proponent and an
opponent thereof, to be yielded by them. 97-2, Aug. 5, 1982, p
19758.
Recognize first those Members wishing to offer amendments
after having equally divided the time among all Members
desiring to speak. 97-1, Nov. 18, 1981, p 28074.
Recognize during remaining free time those Members who have a
desire to speak, and then Members who have not spoken to the
amendment or Members who were recognized for less than five
minutes under the limitation of time. 86-2, Mar. 17, 1960, pp
5911, 5914.
Allot the remaining time in three equal parts--to the offeror
of an amendment, to the offeror of an amendment to the
amendment, and to the floor manager of the bill. 98-1, Apr. 13,
1983, pp 8425, 8426.
Reallocate remaining free time among other Members who have
not spoken or proceed again under the five-minute rule. 95-1,
Aug. 4, 1977, p 27021.
Length of Time Remaining as Factor
When the period of time fixed for debate under a limitation is
relatively short, the Chair in his discretion may take note of all
those Members seeking recognition and apportion the remaining time
among them, though each may have less than five minutes to speak, or
he may divide the time between a proponent and an opponent. But where
the time remaining for debate is fixed at a longer period, such as an
hour and a half, the Chair may decline to apportion the time (81-2,
Feb. 22, 1950, p 2240), and elect to continue to recognize Members
under the five-minute rule. Thus where the limitation agreed to is
several hours in advance of the expiration of time, the Chair may in
his discretion continue to recognize Members under the five-minute
rule, rather than allocate the remaining time among all Members
desiring to speak or between two Members, subject to any subsequent
limitations on time ordered on separate amendments when offered. 97-2,
July 29, 1982, p 18569. (See 98-1, July 26, 1983, pp 20943, 20944,
where the remaining time was too lengthy to allocate among all Members
then present or to divide between two Members.) In such cases, the
Chair may in his discretion continue to proceed under the five-minute
rule until he desires to allocate the remaining time on possible
amendments, and may then divide that time between proponents and
committee opponents of amendments before they are offered. 97-1, July
16, 1981, p 16044. Or he may subsequently choose to divide any
remaining debate time among those Members standing and reserve some
time for the committee to conclude debate. 98-1, Nov. 2, 1983, p
30512.
[[Page 766]]
Sec. 16 . As to House-Senate Conferences
Recognition to Seek a Conference
A motion to send a measure to conference is authorized by Rule XX
clause 1. See Conferences Between the Houses. The motion is in order
if the appropriate committee has authorized the motion and the Speaker
in his discretion recognizes for that purpose. 94-1, Mar. 20, 1975, p
7646. The provisions of that rule--that the Speaker has discretionary
authority to recognize for motions to send a bill to conference and
that each such motion must be authorized by the committee having
jurisdiction over the bill--prevent the use of that motion as a
dilatory tactic. 92-2, Oct. 3, 1972, pp 33502, 33509. The motion is in
order pursuant to clause 1 of Rule XX only if the Speaker in his
discretion recognizes for that purpose. The Speaker will not recognize
for the motion where he has referred the Senate amendment in question
to the House committee or committees with jurisdiction and they have
not yet had the opportunity to consider the amendment. 98-2, June 28,
1984, pp 19770, 19983.
Recognition for debate and control of debate time on the motion,
see Conferences Between the Houses.
Motions to Instruct Conferees
Recognition to offer a motion to instruct House conferees on a
measure initially being sent to conference is the prerogative of the
minority. The Speaker recognizes the ranking minority member of the
committee reporting the bill when and if that member seeks recognition
to offer the motion after the request or motion to go to conference is
agreed to and prior to the Speaker's appointment of conferees. 92-1,
Oct. 19, 1971, pp 36832-35; 93-2, Dec. 16, 1974, pp 40174, 40175.
Where two minority members of the committee which has reported a bill
seek recognition to offer a motion to instruct conferees prior to
their appointment by the Speaker, the Chair will recognize the senior
minority member of that committee. 99-2, Oct. 10, 1986, p 30181.
Debate on a motion to instruct conferees is equally divided
between a majority and a minority member unless both are in favor of
the motion, in which case a Member opposed may claim one-third of the
time. Rule XXVIII clause 1(b). Manual Sec. 909a. If the previous
question is voted down on a motion to instruct the managers on the
part of the House, the motion is open to amendment and the Speaker may
recognize a Member opposed to ordering the previous question to
control the time and offer an amendment. 90-2, May 29, 1968, pp 15499,
15511. Division of debate time speci-
[[Page 767]]
fied in clause 1(b) does not apply to an amendment offered to the
motion after defeat of the previous question thereon. Manual
Sec. 909a.
Calling Up Conference Reports
A conference report may be called up for consideration in the
House by the senior majority manager on the part of the House at the
conference, and he may be recognized to do so even though he did not
sign the report and was in fact opposed to it. 90-1, Dec. 6, 1967, pp
35144-51, 35163. If the senior House conferee is unable to be present
on the floor to call up the report, the Speaker may recognize a junior
majority member of the conference committee. 91-1, Dec. 23, 1969, pp
40982-84. The Speaker may also extend recognition to call up the
report to the chairman (6 Cannon Sec. 301) or ranking majority member
of the committee with jurisdiction. 90-1, July 17, 1967, p 19032. In
one instance, on a conference report considered by House conferees
appointed from two House committees on separate portions of a Senate
amendment, the conference report was called up by the chairman of one
of those committees even though it had not been the primary committee
in the House. 97-2, Dec. 21, 1982, pp 33299, 33300.
Recognition to dispose of amendments between the Houses or for
debate thereon, see Senate Bills; Amendments Between the Houses.