[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 46. Recognition]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 46 - RECOGNITION
HOUSE PRACTICE
A. Introduction; Power of Recognition
Sec. 1. In General; Seeking Recognition
Sec. 2. Power and Discretion of Chair
Sec. 3. Limitations; Bases 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 Sec. Sec. 1419-1479; 5 Hinds Sec. Sec. 4978-5079
6 Cannon Sec. Sec. 283-313; 8 Cannon Sec. Sec. 2448-2478
Deschler-Brown Ch 29 Sec. Sec. 8-23
Manual Sec. Sec. 354-357, 949-956, 958, 959, 966, 997
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A. Introduction; Power of Recognition
Sec. 1 . In General; Seeking Recognition
In order to address the House or to offer a motion or make an
objection, a Member first must secure recognition from the Speaker or
from the Chairman of the Committee of the Whole. Rule XVII clause 1;
Manual Sec. 945. Under the rule, the Chair has the power and
discretion to determine who will be recognized and for what purpose. 2
Hinds Sec. Sec. 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 may grant recognition for the specific purpose
indicated. Manual Sec. 953.
Duty to Rise and Remain Standing
Members must seek recognition at the proper time in order to
protect their rights to make points of order or to offer amendments.
Deschler-Brown Ch 29 Sec. 20.25. A Member must be on his feet and must
address the Chair in order to be recognized and may not remain seated
at the committee table while engaging in debate. Deschler-Brown Ch 29
Sec. Sec. 8.4, 8.5. Although a Member controlling the floor in debate
must remain standing, 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. Deschler-Brown
Ch 29 Sec. 33.22.
The mere placing of an amendment on the Clerk's desk does not
bestow recognition. Deschler-Brown Ch 29 Sec. 19.6. 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.
Deschler-Brown Ch 29 Sec. 8.17. A Member recognized in support of an
amendment may yield to another for a question or a brief statement,
but the Member must remain standing in order to protect his right to
the floor. Deschler-Brown Ch 29 Sec. 29.8.
Form
The language used to obtain the floor and to grant 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 Sec. 193. 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
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Speaker'' or ``Madam Chairman'' is used. 6 Cannon Sec. 284.
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
Sec. Sec. 289-291.
Member: I rise to offer a motion to __________ (or raise other
stated business).
Speaker (or Chairman): The Chair recognizes the gentleman (or
gentlewoman) from __________ (Member's State).
Recognition to Interrupt a Member
A Member who wishes to interrupt another who has the floor must
obtain recognition from the Chair. Deschler-Brown Ch 29 Sec. 8.2.
However, in most cases, it is within the discretion of the Member
occupying the floor to determine when and by whom he shall be
interrupted. Manual Sec. Sec. 364, 946. 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.
Deschler-Brown Ch 29 Sec. 29.2.
Cross References
Recognition is governed in specific instances and in specific
parliamentary situations by practices covered fully elsewhere in this
work; for example, Amendments; Previous Question; Refer and Recommit;
and Reconsideration. For the Speaker's announced policy of conferring
recognition for unanimous-consent requests for the consideration of
certain measures, see Unanimous-Consent Agreements.
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 Sec. Sec. 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. Rather, the report
recommended that the Chair be free to exercise ``a wise and just
discretion in the interest of full and fair debate.'' 2 Hinds
Sec. 1424. Today rule XVII clause 2 gives the Chair the power and
discretion to decide who shall be recognized, and his decision is no
longer subject to appeal. Manual Sec. Sec. 949,
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953; 8 Cannon Sec. Sec. 2429, 2646. There has been no appeal from a
decision of the Speaker on a question of recognition since 1881.
Manual Sec. 356.
Of course, the recognition of particular Members often is governed
by the rules and precedents pertaining to the order of business or by
special rules from the Committee on Rules. See Sec. Sec. 3, 4, infra.
However, where matters of equal privilege are pending, the order of
their consideration is subject to the Speaker's discretionary power of
recognition. Deschler-Brown Ch 29 Sec. 9.55. It follows that, when
more than one Member seeks recognition to call up privileged business,
it is within the discretion of the Speaker whom he shall recognize.
Rule XVII clause 2; Deschler-Brown Ch 29 Sec. 9.56.
Rule XIV clause 6, which provides that questions relating to the
priority of business are to be decided by a majority without debate,
may not be invoked to inhibit the Speaker's power of recognition.
Manual Sec. 884.
Sec. 3 . Limitations; Bases for Denial
The Speaker's power of recognition is subject to limitations
imposed by the rules, such as rule XVII clause 7 (prohibiting the
Chair from recognizing a Member to draw attention to gallery
occupants) and rule IV clauses 1 and 2 (restricting use of and
admission to the Hall of the House). Manual Sec. Sec. 677, 678, 966;
Deschler-Brown Ch 29 Sec. 11.10. The Chair's power of recognition also
is 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) and the Speaker's announced policy of conferring recognition
for unanimous-consent requests for the consideration of certain
measures (see Unanimous-Consent Agreements).
Sec. 4 . Alternation in Recognition
In the House
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. 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. Manual Sec. 955; 8 Cannon Sec. 2460.
Absent a special rule making party affiliation pertinent, the
Chair alternates according to differences on the pending question
rather than according to political affiliation. 2 Hinds Sec. 1444.
Where the special rule allots control
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of time to ``the chairman and the ranking minority member of the
committee'' (which is ordinarily the case in the modern practice) 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. However, a special rule that allots control of time
to those for and against a proposition does not necessarily require a
division between the majority and minority parties of the House but,
rather, a division between those actually favoring and opposing the
measure. 7 Cannon Sec. 766. Rules found in provisions of law
establishing procedures for overturning executive decisions normally
provide for equal division of time for debate between those favoring
and those opposing a proposition, without designating who should
control the time. Therefore, it is within the discretion of the Chair
to recognize a Member supporting and a Member opposing the measure.
Manual Sec. 1130; 7 Cannon Sec. 785.
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 to
alternate between those given control of debate time under a special
order, usually the chairman and ranking minority member. 7 Cannon
Sec. 875; Deschler-Brown Ch 29 Sec. 28.15.
It is the usual practice in the Committee of the Whole, during
consideration of a measure under the five-minute rule, to alternate
between majority and minority members, giving priority to members of
the reporting committee in the order of seniority on the full
committee. Deschler-Brown Ch 29 Sec. 21.1. The Chair follows this
principle whether recognizing Members to debate a pending amendment or
to offer an amendment. Deschler-Brown Ch 29 Sec. 13.9. Because the
Chair normally has no knowledge whether specific Members oppose or
support the pending proposition, the Chair cannot strictly alternate
between both sides of the question. Deschler-Brown Ch 29 Sec. 25.14.
However, when an amendment is offered initially, rule XVIII clause 5
(the five-minute rule) contemplates that the five minutes allotted the
proponent is followed by recognition of a Member in opposition to the
amendment.
B. Right to Recognition; Priorities
Sec. 5 . In General
Rule XVII clause 2 directs the Speaker to ``name the Member who is
first to speak'' when two or more Members rise at once. The Speaker or
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Chairman has the discretion to determine the order or sequence in
which Members will be recognized in debate. Manual Sec. 949; Deschler-
Brown Ch 29 Sec. Sec. 9.2, 12.1, 19.20. However, the Chair's
determination of priorities is governed by many factors, such as
whether the pending proposition has been reported by a committee,
whether it is given priority or is privileged under the rules, and
whether the rules and practices of the House dictate a priority in
recognition. For example, in recognizing a Member for a motion to
recommit (who must qualify as being opposed to the bill), the Speaker
gives preference to the Minority Leader and then to minority members
of the committee reporting the bill in order of their rank on the
committee. Deschler Ch 23 Sec. 27.18; 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 priority in recognition
over nonmembers for debate on the bill. Manual Sec. Sec. 953, 955; 2
Hinds Sec. Sec. 1438, 1448; 6 Cannon Sec. Sec. 306, 307; Sec. 14,
infra. Members of the committee reporting a bill also have priority in
recognition to make points of order against proposed amendments to the
bill. Deschler-Brown Ch 29 Sec. 13.3.
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. Deschler-Brown Ch 29
Sec. 13.12. They are entitled to priority in recognition, even over
the Member who introduced the bill. Deschler-Brown Ch 29 Sec. 13.13.
However, if the proposition has been brought directly before the House
independently of a committee, the proponent may be entitled to
priority in recognition for motions and debate. Sec. 10, infra.
Recognition of Committee Chairmen
The chairman of the reporting committee usually has charge of the
bill and is entitled at all stages to priority in recognition for
allowable motions intended to expedite it. Deschler-Brown Ch 29
Sec. Sec. 12.2, 24. If the chairman is opposed to the bill, however,
he ordinarily yields priority in recognition to a member of his
committee who favors the bill. 2 Hinds Sec. 1449.
Priorities as Between Committee Members
Recognition is extended to committee members on the basis of their
committee seniority, with the Chair alternating between members of the
majority and the minority. Deschler-Brown Ch 29 Sec. 13.25; Sec. 4,
supra. Where
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opposition is relevant to recognition and no committee member rises in
opposition to the measure, any Member may be recognized in opposition.
7 Cannon Sec. 958.
Effect of Failure to Seek Recognition
Although members of the committee reporting a bill under
consideration have preference in recognition, a member may lose such
preference if he does not seek recognition in a timely manner.
Deschler-Brown Ch 29 Sec. 13.13. The Chair may recognize another on
the basis that the committee member, though standing, is not actively
seeking recognition. Deschler-Brown Ch 29 Sec. 13.14.
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. Rule XVII clause 3(a); Deschler-Brown Ch 29
Sec. 27.1. Preference in recognition is accorded to the manager over
other Members. Rule XVII clause 3(a); Deschler-Brown Ch 29 Sec. 24.1.
This priority in recognition of the Member in charge prevails in both
the House and in the Committee of the Whole. Rule XVII clause 3(a);
Deschler-Brown Ch 29 Sec. Sec. 12.10, 14.3.
The Member in charge of the bill also is entitled at all stages to
priority in recognition for allowable motions intended to expedite the
bill, from the time of its first consideration to the time of
consideration of Senate amendments and conference reports. 2 Hinds
Sec. Sec. 1451, 1452, 1457; 6 Cannon Sec. Sec. 300, 301. For example,
the Member who has been recognized to call up a measure in the House
has priority in recognition to move the previous question thereon,
even over the chairman of the committee reporting that measure. Manual
Sec. 953.
The fact that a Member has the floor on one matter does not
necessarily entitle him to priority in 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 to recognition. 5 Hinds Sec. Sec. 5391-5395. However, once
debate has begun, a Member may not deprive the Member in charge of the
floor by offering a debatable motion of higher privilege than the
pending motion. Manual Sec. 953; 2 Hinds Sec. Sec. 1460-1463; 6 Cannon
Sec. Sec. 297-299; 8 Cannon Sec. Sec. 2454, 3183, 3193, 3197, 3259.
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Sec. 8 . Right to Open and Close General Debate
Generally
Rule XVII clause 3(a) provides that the Member reporting a measure
from a committee is entitled to open and close general debate on that
measure. Manual Sec. 958. Otherwise, rule XVII clause 3(b) precludes a
Member from speaking twice on the same question without leave of the
House. Manual Sec. 959. Under the modern practice, however, where a
special order 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. Manual Sec. 959. The minority member controlling one-
half of the time must consume it or yield it back before the closing
of debate. Deschler-Brown Ch 29 Sec. 24.19. A majority manager of the
bill who represents the primary committee of jurisdiction is entitled
to close general debate (in this case, as against another manager
representing an additional committee of jurisdiction). Manual
Sec. 958.
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. Deschler-Brown Ch 29 Sec. Sec. 7.3, 7.4.
The right of the manager to open and close general debate under
rule XVII clause 3 is recognized in both the House and the Committee
of the Whole. Deschler-Brown Ch 29 Sec. 7.4.
Rights of Proponents
The manager of a bill in control of the time, and not its
proponent, is ordinarily entitled to close general debate. Deschler-
Brown Ch 29 Sec. 7.4. 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 ``sponsor'' and having 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 other ``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 for Motion to Close Debate
In the Committee of the Whole, the Member managing the bill is
entitled to priority in recognition to move to close debate on a
pending amend
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ment over other Members who desire to debate the amendment or to offer
amendments thereto. Deschler-Brown Ch 29 Sec. 78.9.
Recognition of Manager of Bill for Closing Controlled Debate on an
Amendment
Under rule XVII clause 3(c), a manager of a bill or other
representative of the committee in opposition to, 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 Committee of the Whole, including a minority
manager. This principle prevails, even where the manager of the bill
is the proponent of a pending amendment to the amendment. Manual
Sec. 959.
The Chair will assume that the manager of a measure controlling
time in opposition to an amendment is representing the committee of
jurisdiction, even where the measure called up is unreported, where an
unreported compromise text is made in order as original text in lieu
of committee amendments or where the committee reported the measure
without recommendation. 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.
Where the rule providing for the consideration of an unreported
measure designates managers who do not serve on a committee of
jurisdiction, those managers are entitled to close controlled debate
against an amendment thereto. The majority manager of the bill may be
recognized to control time in opposition to an amendment thereto,
without regard to the party affiliation of the proponent, where the
special order allocates control to ``a Member opposed.'' The right to
close debate in opposition to an amendment devolves to a member of the
committee of jurisdiction who derived debate time by unanimous consent
from a manager who originally had the right to close debate. The
proponent of a first-degree amendment who controls time in opposition
to a second-degree amendment that favors the original bill over the
first-degree amendment does not qualify as a ``manager'' within the
meaning of rule XVII clause 3(c) in opposing. Manual Sec. 959.
Recognition of Proponent of Amendment
Under certain circumstances, the proponent of an amendment may
close debate where he is not opposed by a manager. For example, the
proponent may close debate where neither a committee representative
nor a Member assigned a managerial role by the governing special order
opposes the amendment. Where a committee representative is allocated
control of time in opposition to an amendment, not by recognition from
the Chair but by
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a unanimous-consent request of a third Member who was allocated the
time by the Chair, then the committee representative is not entitled
to close debate as against the proponent. Similarly, the proponent of
the amendment may close debate where no representative from the
reporting committee opposes an amendment to a multijurisdictional
bill; where the measure is unreported and has no ``manager'' under the
terms of a special rule; or where a measure is being managed by a
single reporting committee and the Member controlling time in
opposition, though a member of a committee having jurisdiction over
the amendment, does not represent the reporting committee. Manual
Sec. 959.
C. Recognition on Particular Questions
Sec. 10 . In General; As to Bills
Under a practice of long standing, special rules give control of
general debate in the House or in the Committee of the Whole to the
chairman and ranking minority member of the reporting committee(s),
and recognition is extended accordingly. 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, who may either be informally designated during a
temporary absence upon informing the Chair or who may be formally
designated by unanimous consent for the remainder of the debate.
Deschler-Brown Ch 29 Sec. 9.4. If, on the other hand, the proposition
has been brought directly before the House independently of a
committee, the proponent who calls up the measure is entitled to
priority in recognition for motions and debate. 2 Hinds
Sec. Sec. 1446, 1454; 8 Cannon Sec. 2454.
For a discussion of recognition to offer amendments, see
Amendments. For a discussion of recognition for parliamentary
inquiries and points of order, see Points of Order andParliamentary
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 priority in recognition for the purpose of managing
the bill. Deschler-Brown Ch 29 Sec. 27.5. For a discussion of
recognition of Members for debate on the motion, see rule XV clause 2;
Manual Sec. 892; 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. Deschler-Brown Ch
29 Sec. 25.16.
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Measures Called Up by Unanimous Consent
Where a measure is called up in the House 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 a motion for the previous question
is rejected. Deschler-Brown Ch 29 Sec. 24.24. By contrast, a measure
called up in the House as in the Committee of the Whole is considered
under the five-minute rule.
For the Speaker's policy of conferring recognition for unanimous-
consent requests for the consideration of certain measures, see
Unanimous-Consent Agreements and Committees of the Whole.
Sec. 11 . For Motions
As noted in section 7, supra, the Member in charge of a bill is
entitled at all stages to priority in recognition for allowable
motions intended to expedite the bill, subject to a determination by
the Chair that another Member has a motion of higher precedence. Thus,
where one Member moves a call of the House, and another Member
immediately moves to adjourn, the Chair will recognize the latter
because the motion to adjourn is of higher privilege. 8 Cannon
Sec. 2642. If a preferential motion is debatable, a Member must offer
it before the other Member has begun debate. This is so because 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 preferential motion has been
recognized. 2 Hinds Sec. 1435. A Member desiring to offer a motion
must actively seek recognition from the Chair before another motion to
dispose of the pending question has been adopted. The fact that the
Member may have been standing at that time is not sufficient to secure
recognition. Deschler-Brown Ch 29 Sec. 8.19. Moreover, the mere offer
of a motion does not confer recognition. Where another Member has
shown due diligence, he may be recognized. Deschler-Brown Ch 29
Sec. 23.2.
For treatment of recognition to offer particular kinds of motions,
see Previous Question, Suspension of Rules, Unanimous-Consent
Agreements, and other chapters dealing with specific motions.
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Sec. 12 . Of Opposition After Rejection of Motion
Generally
Where an essential motion by the Member in charge of a measure is
defeated, the right to priority in recognition passes to a Member
opposed, as determined by the Speaker. Manual Sec. 954; 2 Hinds
Sec. Sec. 1465-1468; Deschler-Brown Ch 29 Sec. 15.6. Thus, where a
motion for the previous question is rejected on a pending resolution,
the Chair recognizes the Member he perceives to have led the
opposition to that motion. 6 Cannon Sec. 308; Deschler-Brown Ch 29
Sec. 15.11. Recognition of that Member is not precluded by the fact
that was previously recognized and offered an amendment that was ruled
out on a point of order. 91-1, Jan. 3, 1969, p 27.
The principle that the defeat of an essential motion offered by
the Member in charge causes recognition to pass to the opposition is
applicable in the following instances:
House rejects a motion to lay an adversely reported resolution
of inquiry on the table. Deschler-Brown Ch 29 Sec. 15.3.
House rejects a motion for the previous question on a
resolution reported from the Committee on Rules. Deschler-Brown
Ch 29 Sec. 15.14.
House rejects a motion for the previous question on a
resolution relating to the seating of a Member-elect. Deschler-
Brown Ch 29 Sec. 15.15.
House rejects a motion for the previous question on a
resolution to discipline a Member of the House. 6 Cannon
Sec. 236.
House rejects a motion for the previous question on a
resolution providing for adoption of rules. 6 Cannon Sec. 308.
House rejects a motion for the previous question on a motion
to recommit. 107-2, Feb. 27, 2002, p ____.
House rejects a motion to dispose of a Senate amendment
reported from conference in disagreement. Manual Sec. 954.
(Recognition passes to opposition for disposition of that
Senate amendment only.)
Committee of the 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. 8 Cannon Sec. 2629.
The principle that recognition passes to a 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. Deschler-Brown Ch 29
Sec. 15.2. The mere defeat of an amendment proposed by the Member in
charge does not always cause the right to priority in recognition to
pass to the opponents. 2 Hinds Sec. 1478. In any case, the recogni
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tion for a motion by a Member in opposition may be preempted by a
motion of higher precedence. Manual Sec. 954.
Effect of Rejection of Motion for Previous Question on Conference
Report or Rejection of Conference Report
The right to priority in recognition ordinarily passes to a Member
of the opposition when the House refuses to order the previous
question on a conference report, because control passes to the
opposition upon rejection of the motion for the previous question. 2
Hinds Sec. Sec. 1473, 1474; 5 Hinds Sec. 6396. However, the
invalidation of a conference report on a point of order, although
equivalent to its rejection by the House, does not give the Member
raising the question of order the right to the floor and exerts no
effect on the right to recognition. 6 Cannon Sec. 313; 8 Cannon
Sec. 3284. 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.
Manual Sec. 954; 2 Hinds 1477.
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 XIII clause 6(d). Manual Sec. 861. 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. Deschler-
Brown Ch 29 Sec. 18.13. Where a special rule has been reported by the
committee and has not been called up within the seven legislative days
specified by clause 6(d), recognition to call it up may be extended to
any member of that committee, including a minority member. Deschler-
Brown Ch 29 Sec. 18.13. The Member calling up the resolution must have
announced his intention one calendar day before seeking recognition.
See Manual Sec. 861. Because calling up such a resolution is
privileged, the Speaker would be obliged to recognize for this purpose
unless another matter of equal privilege was proposed, in which case
the order of consideration would be determined pursuant to the
Speaker's discretionary power to grant recognition. Deschler-Brown Ch
29 Sec. 9.55.
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. Deschler-Brown
Ch 29 Sec. 24.26. He need not have the specific authorization of the
committee to offer an
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amendment. Manual Sec. 858. He is recognized for a full hour,
notwithstanding the fact that he previously has called up the
resolution and withdrawn it after debate. Deschler-Brown Ch 29
Sec. 18.17. Other Members may be recognized only if yielded time.
Deschler-Brown Ch 29 Sec. 29.23. The resolution is not subject to
amendment from the floor by another Member unless the Member in charge
yields for that purpose or the House rejects a motion for the previous
question. 6 Cannon Sec. 309; Deschler-Brown Ch 29 Sec. 30.5.
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 25575.
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 discretion of the Chair
and cannot be challenged on a point of order. Deschler-Brown Ch 29
Sec. 9.6. 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. Deschler-Brown Ch 29
Sec. 21.3. The Chair endeavors to alternate recognition to offer
amendments between majority and minority Members (giving priority to
committee members). Manual Sec. 980. Of course, if a special rule
reported from the Committee on Rules specifies those Members who are
to control debate, the Chair will extend recognition accordingly.
However, 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 the Committee on Rules,
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. Under the modern
practice, special orders often provide discretionary priority in
recognition to Members who have preprinted their amendments in the
Congressional Record. See, e.g., 107-2, H. Res. 428, May 22, 2002, p
____. 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
Committee amendments to a pending section are considered before
the Chair entertains amendments from the floor. Deschler Ch 27
Sec. Sec. 26.1-26.3. When entertaining amendments from the floor
during the five-minute rule, the Chair follows certain guidelines as a
matter of long-standing custom.
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Among them is that recognition is first accorded to members of the
committee reporting the bill over Members of the House who are not on
that committee. Deschler-Brown Ch 29 Sec. 21.1. Thus, the Chair
normally will 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 have been recognized
separately to debate the original amendment. Deschler-Brown Ch 29
Sec. 13.20. Members of the committee reporting a pending bill are
entitled to priority in recognition over noncommittee members, without
regard to their party affiliation. Thus the Chair may accord priority
in recognition to minority members of the reporting committee over
majority noncommittee members to offer amendments. Deschler-Brown Ch
29 Sec. 13.11.
Priorities as Between Committee Members
In bestowing recognition under the five-minute rule, the Chair
gives preference to the chairman and ranking minority member of the
committee reporting the bill under consideration. Deschler-Brown Ch 29
Sec. 12.12. Thereafter, the Chair endeavors to alternate between
majority party and minority party members of the reporting committee.
Manual Sec. 981. Priority in recognition to offer amendments is
extended to members of the full committee reporting the bill, and the
Chair does not accord priority in recognition to members of the
subcommittee that considered the bill over other members of the full
committee. Deschler-Brown Ch 29 Sec. 13.6. However, in five-minute
debate on appropriation bills the Chair may, in his discretion,
recognize members of the subcommittee handling the bill first, and
then recognize members of the full Committee. Deschler-Brown Ch 29
Sec. 12.8.
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. Deschler-
Brown Ch 29 Sec. 12.3. However, 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.
Deschler-Brown Ch 29 Sec. 21.8.
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 rec
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ognition applied under the five-minute rule are considered abrogated.
Deschler-Brown Ch 29 Sec. 22.14. Decisions regarding recognition
during the remaining time, a division of time not having been ordered
as part of the limitation, are largely within the discretion of the
Chair. Deschler-Brown Ch 29 Sec. 22.15. 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 (which has become the prevailing practice). Manual Sec. 987. The
order in which the Chair recognizes Members desiring to speak also is
subject to his discretion. He may take into account such factors as
their committee status, whether they have amendments at the desk, and
their seniority. Deschler-Brown Ch 29 Sec. 22.12. 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. Deschler-Brown Ch 29 Sec. 22.13.
Divide the time equally among all those Members who were on
their feet seeking recognition, whether or not they have
previously spoken to the question. Deschler-Brown Ch 29
Sec. 22.9.
Recognize Members wishing to offer amendments and those
opposed to the amendments. Deschler-Brown Ch 29 Sec. 22.15.
Divide the time between the majority and minority managers of
the bill. Deschler-Brown Ch 29 Sec. 79.71.
Allocate time on an amendment between the proponent and an
opponent thereof, to be yielded by them. Deschler-Brown Ch 29
Sec. 24.29.
Recognize first those Members wishing to offer amendments
after having equally divided the time among all Members
desiring to speak. Manual Sec. 987.
Recognize during remaining 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. Deschler-Brown Ch 29
Sec. 25.10.
Allocate 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. Deschler-Brown
Ch 29 Sec. 79.78.
Continue to recognize Members under the five-minute rule
(usually where the time remaining for debate is fixed at a
longer period, such as an hour and a half, and is subject to
any subsequent limitations on time ordered on separate
amendments when offered). Deschler-Brown Ch 29 Sec. Sec. 79.32,
79.46.
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Continue to recognize Members under the five-minute rule but
subsequently divide any remaining debate time among those
Members standing and reserve some time for the committee to
conclude debate. Deschler-Brown Ch 29 Sec. 79.125.
Reallocate remaining time, after intial allocation, among
Members who have not spoken or proceed again under the five-
minute rule. Deschler-Brown Ch 29 Sec. 22.43.
Sec. 16 . As to House-Senate Conferences
Recognition to Seek a Conference
A motion to send a measure to conference is authorized by rule
XXII clause 1. Manual Sec. 1070; 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.
Deschler-Brown Ch 29 Sec. 17.1. 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. Manual Sec. 1070.
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 if that member seeks recognition to offer
the motion after the request or motion to go to conference is agreed
to and before the Speaker's appointment of conferees. Deschler-Brown
Ch 33 Sec. 11.1. Where two minority members of the committee that has
reported a bill seek recognition to offer a motion to instruct
conferees pending their appointment by the Speaker, the Chair will
recognize the senior minority member of that committee. Manual
Sec. 541.
If a motion for 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.
Deschler Ch 23 Sec. 23.7.
Recognition for debate and control of debate time on a motion to
instruct, see Conferences Between the Houses.
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Calling Up Conference Reports
A conference report normally is 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 in fact was opposed to it. Deschler-Brown Ch 29
Sec. 17.7. If the senior House conferee cannot be present on the floor
to call up the report, the Speaker may recognize a junior majority
member of the conference committee. Deschler-Brown Ch 29 Sec. 27.6.
The Speaker also may extend recognition to call up the report to the
conferee who is chairman or ranking majority member of a committee
with jurisdiction. 6 Cannon Sec. 301; Deschler-Brown Ch 29 Sec. 27.7.
Where a conference consists of conferees appointed from more than one
committee, the conference report may be called up by the chairman of a
committee that was not 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.