[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 16. Consideration and Debate]
[From the U.S. Government Publishing Office, www.gpo.gov]


                              HOUSE PRACTICE

              A. Introductory; Initiating Consideration and Debate

  Sec.  1. In General; In the House
  Sec.  2. Order of Consideration
  Sec.  3. Use of Special Orders of Business
  Sec.  4. Consideration Under Suspension of the Rules
  Sec.  5. Role of Calendars
  Sec.  6. Consideration by Unanimous Consent
  Sec.  7. In the Committee of the Whole
  Sec.  8. In the House as in the Committee of the Whole
  Sec.  9. Limitations on Debate; Nondebatable Matters

              B. Control and Distribution of Time for Debate

  Sec. 10. In General; Role of Manager
  Sec. 11. Distribution and Alternation; Closing General Debate
  Sec. 12. Management by Committee; Closing Controlled Debate on an 
  Amendment
  Sec. 13. Designation of Member Who May Call Up a Measure
  Sec. 14. Effect of Special Orders of Business
  Sec. 15. Yielding Time-- For Debate
  Sec. 16. -- Yielding for Amendment
  Sec. 17. Interruptions; Losing or Surrendering Control

              C. Relevancy in Debate

  Sec. 18. In General; In the House
  Sec. 19. In the Committee of the Whole-- General Debate
  Sec. 20. -- Under the Five-Minute Rule

              D. Disorder in Debate

  Sec. 21. In General
  Sec. 22. Disorderly Language
  Sec. 23. -- Critical References to the Senate and to Senators
  Sec. 24. -- References to the Press, Media, or Gallery
  Sec. 25. -- References to Executive Officials

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  Sec. 26. Procedure; Calls to Order
  Sec. 27. -- Procedure in the Committee of the Whole
  Sec. 28. -- Taking Down Words
  Sec. 29. -- Withdrawal or Modification of Words
  Sec. 30. -- Permission to Explain
  Sec. 31. -- Speaker's Ruling
  Sec. 32. -- Discipline; Post-Ruling Motions

              E. Critical References to the House, Committees, or 
                 Members

  Sec. 33. In General; Criticism of the House
  Sec. 34. Criticism of Committees
  Sec. 35. Criticism of Speaker
  Sec. 36. Criticism of Legislative Actions or Proposals
  Sec. 37. Critical References to Members
  Sec. 38. -- Use of Colloquialisms; Sarcasm
  Sec. 39. -- Impugning Motives
  Sec. 40. -- Charging Falsehood or Deception
  Sec. 41. -- Lack of Intelligence or Knowledge
  Sec. 42. -- References to Race, Creed, or Racial Prejudice
  Sec. 43. -- Charges Relating to Loyalty or Patriotism

              F. Duration of Debate in House

  Sec. 44. In General
  Sec. 45. The Hour Rule
  Sec. 46. Ten-minute, 20-minute, and 40-minute Debate
  Sec. 47. Debate in the House as in the Committee of the Whole
  Sec. 48. Limiting or Extending Time for Debate
  Sec. 49. Terminating Debate
  Sec. 50. One-minute and Special-order Speeches; Morning-hour Debate

              G. Duration of Debate in the Committee of the Whole

  Sec. 51. In General; Effect of Special Orders of Business
  Sec. 52. General Debate
  Sec. 53. Limiting General Debate
  Sec. 54. Five-minute Debate
  Sec. 55. -- Limiting or Extending Five-minute Debate-- By House Action

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  Sec. 56. -- By Motion in the Committee of the Whole
  Sec. 57. -- By Unanimous Consent in the Committee of the Whole
  Sec. 58. Motions Allocating or Reserving Time
  Sec. 59. Timekeeping; Charging Time

              H. Reading Papers; Displays and Exhibits

  Sec. 60. Reading Papers
  Sec. 61. Use of Exhibits
  Sec. 62. -- Decorum Requirements

              I. Secret Sessions

  Sec. 63. In General
  Sec. 64. Motions; Debate
  Sec. 65. Secrecy Restrictions and Guidelines
        Research References
          5 Hinds Sec. Sec. 4978-5299
          8 Cannon Sec. Sec. 2448-2608
          Deschler-Brown Ch 29
          Manual Sec. Sec. 359, 364, 369-371, 465, 622, 891, 945-969, 
            978-981, 987, 994-999


           A. Introductory; Initiating Consideration and Debate


  Sec. 1 . In General; In the House

                    Generally; Initiating Consideration

      Whether and how a matter is to be considered depends on many 
  factors--the way it is brought to the floor, the nature and precedence 
  of the proposal, and agreements reached by the leadership and 
  membership on the method of consideration. The House may reject a 
  proposal to consider a matter by voting on the question of 
  consideration. See Question of Consideration.
      There are four common procedures under which measures may be 
  called up for consideration: (1) special orders of business reported 
  from the Committee on Rules; (2) motions to suspend the rules; (3) 
  unanimous-consent agreements; and (4) standing rules for certain 
  measures reported as privileged under clause 5 of rule XIII. Manual 
  Sec. Sec. 853-868. However, nonprivileged matter contained in a 
  measure reported under clause 5 of rule

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  XIII destroys the privilege of the measure; and consideration must 
  depend on one of the three remaining procedures. Manual Sec. Sec. 854, 
  855.
      House rules expressly preclude introduction or consideration of 
  certain commemorative measures (clause 5 of rule XII), as well as 
  consideration of certain private bills (clause 4 of rule XII) and 
  measures carrying a retroactive Federal income tax rate increase 
  (clause 5(c) of rule XXI).
      Generally, questions are not considered on the floor unless 
  reported or discharged from House committees, although rule IX and 
  practices of the House permit the immediate consideration of 
  introduced bills under certain circumstances. Sec. Sec. 3, 4, 6 infra. 
  Certain time periods or ``layover'' requirements may be a condition 
  precedent to consideration in the House after a committee has 
  reported. See Committees. If a bill or joint resolution is unreported, 
  clause 11 of rule XXI prevents consideration until the third calendar 
  day on which such measure has been available to Members. For 
  recognition by the Chair to call up measures under the various 
  procedures, see Recognition.
      Other factors bearing on consideration include whether the 
  proposal has been referred to the House or Union Calendar or whether 
  the proposal is called up from a particular special calendar, such as 
  the Private Calendar. See Sec. 5, infra.

                             Initiating Debate

      As a general rule, debate is not in order until a debatable motion 
  has been offered and stated by the Chair or read by the Clerk. 5 Hinds 
  Sec. Sec. 4982-4985, 5304. However, debate may be initiated without 
  motion:

     Under a reservation of the right to object to a unanimous-
         consent request. 4 Hinds Sec. 3058.
     When questions of personal privilege are raised. 3 Hinds 
         Sec. 2546.
     When conference reports are considered, the question on 
         agreeing being regarded as pending. Manual Sec. 550; 5 Hinds 
         Sec. 6517.
     When the Committee of the Whole reports its recommendation to 
         the House, unless the previous question is ordered. 4 Hinds 
         Sec. 4896.
     When personal explanations are made by unanimous consent. 5 
         Hinds Sec. 5064.
     When special orders of business providing for consideration of 
         a measure have been adopted. Manual Sec. Sec. 734, 972.
     When a measure on a special calendar or on a special day has 
         been called up. Rule XV.


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  Sec. 2 . Order of Consideration

      The ``daily order of business'' is set forth in rule XIV, which 
  specifies the sequence in which certain matters are to be taken up. 
  Manual Sec. 869. The order of consideration may be varied by 
  unanimous-consent agreements or by special orders of business reported 
  from the Committee on Rules and adopted by the House. See Sec. Sec. 3, 
  6; see also Order of Business; Privileged Business; and Special Orders 
  of Business. Indeed, the preface to clause 1 of rule XIV establishes a 
  daily order of business ``unless varied by the application of other 
  rules and except for the disposition of matters of higher 
  precedence.''
      Among the privileged matters that may affect the order of 
  consideration are: (1) general appropriation bills under clause 5 of 
  rule XIII; (2) conference reports under clause 7(a) of rule XXII; (3) 
  special orders of business reported by the Committee on Rules under 
  clause 5 of rule XIII; and (4) questions of privilege under rule IX. 
  Manual Sec. Sec. 698, 871; see also Questions of Privilege.
      Some propositions are privileged for consideration on certain days 
  of the week or month. On any Monday, Tuesday, or Wednesday, for 
  example, the Speaker may recognize Members to move to suspend the 
  rules. Manual Sec. 885; see also Sec. Sec. 4, 5, infra.


  Sec. 3 . Use of Special Orders of Business

      A major portion of the legislation taken up in the House is 
  considered pursuant to resolutions, also called ``special rules'' or 
  ``special orders of business,'' reported by the Committee on Rules and 
  adopted by the House. Although the general effect of the adoption of a 
  resolution making in order the consideration of a bill is to give the 
  bill a privileged status, the adoption of the resolution does not make 
  the consideration mandatory unless so stated in the resolution. 
  Deschler Ch 21 Sec. 16. For example, the resolution may: (1) provide 
  that ``the House shall immediately consider'' the bill; (2) permit the 
  Speaker to declare the House resolved into the Committee of the Whole 
  for the consideration of the bill (see clause 2 of rule XVIII); or (3) 
  provide for consideration at some specified time in the order of 
  business. If the special order of business authorizes a specified 
  Member to call up a bill (either directly or indirectly, such as ``it 
  shall be in order to consider''), the consideration of the bill must 
  await the initiative of that Member. See Deschler Ch 21 Sec. 20.17.
      Special orders of business may provide for the consideration of a 
  bill or resolution in the Committee of the Whole, in the House, or in 
  the House as in the Committee of the Whole. Deschler Ch 21 
  Sec. Sec. 20.16, 20.17.

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      A special order of business may be limited in scope, as where it 
  provides only for initial consideration of a measure, provides for 
  general debate, and precludes further consideration absent a further 
  order of the House. See, e.g., 105-2, H. Res. 435, May 19, 1998, pp 
  9742, 9743.
      The resolution may waive one or more House rules that impede the 
  consideration of the bill or amendment thereto. Points of order do not 
  lie against the consideration of such a resolution, as it is for the 
  House to determine, by a majority vote on the adoption of the 
  resolution, whether certain rules should be waived. Deschler Ch 21 
  Sec. Sec. 16.9-16.14. See generally Special Orders of Business. 
  However, section 426 of the Unfunded Mandates Reform Act of 1995 
  permits a point of order against consideration of a rule or order that 
  waives points of order against a measure for violating that Act 
  (subject to a separate vote on the question of consideration). Manual 
  Sec. 1127. In similar fashion, clause 9 of rule XXI establishes a 
  point of order against consideration of certain measures for failure 
  to disclose (or disclaim the presence of) certain earmarks, tax 
  benefits, and tariff benefits, and permits a vote on the question of 
  consideration of a rule or order waiving such a point of order. See 
  Budget Process.


  Sec. 4 . Consideration Under Suspension of the Rules

      A privileged motion to suspend the rules may be used to bring a 
  matter before the House under clause 1 of rule XV. Manual 
  Sec. Sec. 885, 887; 5 Hinds Sec. Sec. 6846, 6847. Additionally, the 
  motion to suspend may provide for a series of procedural steps, 
  including the reconsideration of a bill already passed, agreement to 
  an amendment, and repassage as amended. 5 Hinds Sec. 6849. For 
  examples of proposals for which the motion may be used, see Suspension 
  of Rules. However, the motion is in order only on Mondays, Tuesdays, 
  and Wednesdays of each week and on the last six days of a session or 
  when the House by unanimous consent or rule gives the Speaker 
  authority to recognize for such motions on other days of the week. In 
  any case, recognition for the motion is within the discretion of the 
  Speaker. The motion is debatable for 40 minutes, is not amendable, and 
  requires a two-thirds vote for adoption. See Suspension of Rules.


  Sec. 5 . Role of Calendars

      The House maintains various calendars to facilitate the 
  consideration of different classes of legislative business. The 
  primary calendars are (1) the Union Calendar, for business to be taken 
  up in the Committee of the Whole, (2) the House Calendar, for matters 
  to be considered in the House, and (3) the Private Calendar, to which 
  all reported private bills are referred. Most

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  legislative business reported from committee is referred to one of 
  these calendars. Manual Sec. 828. In addition, the House maintains a 
  Calendar of Motions to Discharge Committees. Manual Sec. Sec. 830, 
  892. The former Consent Calendar and Corrections Calendar have been 
  abolished. Manual Sec. Sec. 898, 899. For a discussion of the various 
  calendars, see Calendars.


  Sec. 6 . Consideration by Unanimous Consent

      The House, pursuant to a unanimous-consent agreement, sometimes 
  permits the consideration of a measure that is not otherwise in order 
  under the rules, for example, one not yet introduced. Manual 
  Sec. Sec. 381, 872, 956; 4 Hinds Sec. 3058. For a discussion of 
  consideration by unanimous consent (including the Speaker's guidelines 
  requiring approval by floor and committee leaderships before 
  recognition), see Unanimous-Consent Agreements.


  Sec. 7 . In Committee of the Whole

      Certain legislative measures are referred to the Union Calendar by 
  the Speaker for subsequent consideration in the Committee of the 
  Whole. Their consideration therein is governed by special orders of 
  business, orders of the House, or the standing rules applicable to the 
  Committee. See rule XVIII; 4 Hinds Sec. Sec. 3214, 4705, 4822; 
  Deschler Ch 19 Sec. Sec. 1, 4.
      For comprehensive discussion of consideration of measures in 
  Committee of the Whole, see Committees of the Whole.


  Sec. 8 . In the House as in the Committee of the Whole

      Bills and other measures sometimes are taken up by the House when 
  it sits ``as in'' the Committee of the Whole. Manual Sec. 427. This 
  practice permits consideration of a measure under the five-minute rule 
  rather than the hour rule, but without general debate. 4 Hinds 
  Sec. 4924; Manual Sec. 424. For a discussion of consideration of 
  measures in the House as in the Committee of the Whole, see Committees 
  of the Whole.


  Sec. 9 . Limitations on Debate; Nondebatable Matters

                        Generally; Time Limitations

      Debate is subject to many limitations under the rules and 
  precedents of the House. Most of the limitations imposed by House rule 
  concern the duration of time allowed for the debate of a particular 
  proposition. These include, for example, the hour rule (Manual 
  Sec. 957), the 40-minute rule (Manual Sec. Sec. 891, 999), the 20-
  minute rule (Manual Sec. 892), the ten-minute rule (Manual Sec. 987), 
  the five-minute rule (Manual Sec. 978), and the time limits

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  that are imposed on the one-minute speeches or special-order speeches 
  that are often permitted when no legislative business is pending 
  (Manual Sec. 950). For a more detailed discussion of these time 
  limitations, see Sec. Sec. 44-50, infra.
      Most of these are rules of general applicability. In addition, the 
  House may adopt a special order of business from the Committee on 
  Rules that places a different limit on the duration of debate on a 
  particular legislative proposal. This practice enables the House, by 
  majority vote, to specify time for, and control of, debate depending 
  on the complexity of the proposed measure.
      Unless otherwise provided by House rule or by a special order of 
  business from the Committee on Rules, a proposition considered in the 
  House is debated under the hour rule. Sec. Sec. 44, 45, infra. 
  However, the various motions that may apply to a proposition often 
  carry their own time limitations for debate and, in some instances, 
  preclude debate entirely.

                       Matters Not Subject to Debate

      The relevant standing rule and the precedents must be consulted in 
  order to determine whether debate on a motion or question is 
  precluded. The following are examples of questions that are not 
  subject to debate:

     A motion that the Journal be read in full. Manual Sec. 621.
     A motion for the previous question. Deschler Ch 23 Sec. 21.
     A motion to go into the Committee of the Whole. 4 Hinds 
         Sec. Sec. 3062, 3078; 6 Cannon Sec. 716.
     A motion that the Committee of the Whole rise and report. 4 
         Hinds Sec. Sec. 4766, 4782; Deschler Ch 19 Sec. 22.4.
     A motion for a call of the House or incidental to a call of 
         the House. Manual Sec. 1024; 6 Cannon Sec. Sec. 683, 688.
     A resolution authorizing the Sergeant-at-Arms to arrest 
         absentees. 6 Cannon Sec. 686.
     A motion that the Speaker be authorized to declare a recess or 
         that when the House adjourns it stand adjourned to a day and 
         time certain. Rule XVI; Manual Sec. 913.
     A concurrent resolution providing for a sine die adjournment 
         or for adjournment to a day certain. Manual Sec. 84.
     A motion to adjourn. Manual Sec. 911; Deschler-Brown-Johnson 
         Ch 40 Sec. 5.
     A motion to lay on the table. 6 Cannon Sec. 415; 8 Cannon 
         Sec. 2465.
     A motion to reconsider an undebatable proposition. 5 Hinds 
         Sec. Sec. 5694-5699.
     A motion to close general debate or to limit five-minute 
         debate. Manual Sec. 979; 5 Hinds Sec. 5203.
     A motion to strike unparliamentary language from the 
         Congressional Record. 6 Cannon Sec. 617.
     An incidental question of order after a demand for the 
         previous question. Manual Sec. 1000.

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     An incidental question of order arising during a division. 5 
         Hinds Sec. 5926.
     A motion that the Committee of the Whole take up a bill out of 
         calendar order. 8 Cannon Sec. Sec. 2331, 2333.
     A motion for a change of reference of a bill. Manual Sec. 825.
     A question of consideration (with limited exceptions). Manual 
         Sec. 906.
     A question relating to the priority of business. Manual 
         Sec. 884.
     An appeal from a decision of the Chair on the priority of 
         business. 5 Hinds Sec. 6952; Manual Sec. 884.
     An appeal from a decision of the Chair on relevancy of debate. 
         5 Hinds Sec. Sec. 5056-5063.
     An amendment to the title of a bill. Clause 6 of rule XVI; 8 
         Cannon Sec. 2907.


              B. Control and Distribution of Time for Debate


  Sec. 10 . In General; Role of Manager

      Under long-standing practice, and as usually provided by special 
  orders of business, one or more designated Members manage a bill 
  during its consideration. Such managers are normally the chair and 
  ranking minority member of a committee reporting the measure. Sec. 14, 
  infra.
      The majority manager of a measure has procedural advantages 
  enabling its expeditious consideration and passage. The majority 
  manager is entitled to the prior right to recognition unless the 
  control of time is surrendered or otherwise lost or unless a 
  preferential motion to recommit is offered by an opponent of the bill. 
  See Recognition. If the bill is to be taken up in the House under the 
  standing rules, the manager calling it up is entitled to one hour of 
  debate, which may be yielded to other Members. See Sec. 15, infra. The 
  manager may at any time during such hour move the previous question, 
  thereby bringing the matter to a vote and terminating further debate, 
  unless control of time has been yielded to another. See Sec. 45, 
  infra; see also Previous Question.
      The manager of a bill enjoys a similar advantage in the Committee 
  of the Whole where the bill is being considered under a special order 
  of business or unanimous-consent agreement. General debate therein 
  typically is controlled and divided by the majority and minority 
  managers. The majority manager has the right to close general debate. 
  Manual Sec. 959. When the bill is read for amendment in the Committee, 
  the managers have the prior right to recognition, whether to offer an 
  amendment or oppose an amendment or to move to close or to limit 
  debate or to move that the Committee rise. Similarly, if the bill is 
  taken up in the House as in the Committee of the

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  Whole, priority in recognition is extended during debate to members in 
  charge of the bill from the reporting committee. See Recognition.
      Once a measure has been approved by a standing committee of the 
  House, its chair has a duty under the rules to report it promptly and 
  to take steps to have the matter considered and voted upon. Clause 
  2(b) of rule XIII. When the measure is called up, the reporting 
  committee manages the bill during the various stages of its 
  consideration. The designated managers from the committee, and then 
  other members of the committee in order of seniority, have priority in 
  recognition at all stages of consideration. See Recognition. When a 
  chair is opposed to a bill (although rare), the responsibility for 
  managing the bill may be delegated to the ranking majority member of 
  the committee. Deschler-Brown Ch 29 Sec. 26.7. Such delegation of 
  control is ineffective where challenged unless communicated to the 
  Chair. Deschler-Brown Ch 29 Sec. 26.30. The chair also may relinquish 
  control where the Committee of the Whole has adopted amendments to the 
  bill to which the chair is opposed. Deschler-Brown Ch 29 Sec. 26.8.
      Where the measure falls within the jurisdiction of two standing 
  committees, the chair of one of them may yield to the chair of the 
  other to control part of the available time and to move the previous 
  question. Deschler-Brown Ch 29 Sec. 26.10.
      For further discussion on control of debate by managers, see also 
  Sec. 12, infra.


  Sec. 11 . Distribution and Alternation; Closing General Debate

      The distribution of available time for debate, and the alternation 
  of time between majority and minority Members, is governed by 
  principles of comity and by House tradition, as well as by standing 
  rules of the House and by special orders of business. Manual Sec. 955. 
  A division of time for debate on certain motions may be required, and 
  a Member opposed may claim a priority to control a portion of the 
  time. For example, clause 1(c) of rule XV requires a division of time 
  for debate on a motion to suspend the rules between those in favor and 
  those opposed. Manual Sec. 891. Under rule XXII, one-third of the time 
  may be claimed by a Member opposed to conference reports, motions to 
  instruct conferees, and amendments reported from conference in 
  disagreement, where both the majority and minority managers support 
  the proposition.
      The Chair alternates recognition between those favoring and those 
  opposing the pending proposition where a rule or precedent gives some 
  control to an opponent or, traditionally, between the parties where 
  time is limited. Special orders of business commonly divide control of 
  time for general de

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  bate equally between the chair and ranking minority member of the 
  committees reporting the measure. When a special order of business 
  itself is being considered, the majority floor manager customarily 
  yields half of the time to the minority. For a discussion of 
  alternation generally, see Recognition.
      A majority manager of the bill who represents the primary 
  committee of jurisdiction is entitled to close general debate, as 
  against another manager representing an additional committee of 
  jurisdiction. Where an order of the House divides debate on an 
  unreported measure among four Members, the Chair will recognize for 
  closing speeches in the reverse order of the original allocation. 
  Similarly, where general debate on an adversely reported measure is 
  controlled by two Members allocated time under a previous order of the 
  House and by two other Members deriving subdivisions of that time 
  under a later order by unanimous consent, the Chair may recognize for 
  closing speeches in the reverse order of the original allocation, 
  concluding with the Member who opened the debate. Where a Member 
  derives time for debate from the manager of a measure by unanimous 
  consent, that Member also derives the right to close debate thereon. 
  Where a member of the minority is recognized under a special order of 
  business to call up a Senate concurrent resolution from the Speaker's 
  desk, such Member is recognized to open and close debate thereon. 
  Manual Sec. 959.


  Sec. 12 . Management by Committee; Closing Controlled Debate on an 
            Amendment

      Special orders of business providing ``modified rules'' governing 
  the amendment process commonly limit and divide control of debate 
  between a proponent and an opponent of the amendment. Deschler-Brown 
  Ch 29 Sec. 28. Similarly, the Committee of the Whole may by unanimous 
  consent limit and divide control of debate between a proponent and a 
  Member in opposition. Deschler-Brown Ch 29 Sec. 27.3. Under clause 
  3(c) of rule XVII, the manager of a bill or other representative of 
  the committee in opposition--and not the proponent of an amendment--
  has the right to close debate on an amendment where debate has been so 
  limited and allocated without regard to the party affiliation of the 
  proponent. Manual Sec. 959. Clause 3(c) is an exception to the rule 
  set forth in clause 3(a) of rule XVII, which otherwise provides that 
  the mover, proposer, or introducer of the pending matter has the right 
  to open and close debate. The exceptional treatment of the right to 
  close debate on an amendment elevates the manager's prerogative over 
  the proponent's burden of persuasion. This is so even when the 
  majority manager offers an amendment that has not been recommended by 
  the

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  committee. In that case, a member of the committee in opposition to 
  such amendment has the right to close. 107-2, July 25, 2002, p 14723.
      Clause 3(c) applies to the manager of an unreported measure, even 
  where the rule providing for the consideration of the unreported 
  measure designates managers who do not serve on a committee of 
  jurisdiction. It also applies to a measure reported by the committee 
  without recommendation. The minority manager may claim the right to 
  close debate under clause 3(c), as may a member of a committee of 
  sequential referral to close debate against an amendment to a 
  provision recommended by that committee. Manual Sec. 959. However, the 
  proponent of an amendment has the right to close where a manager does 
  not oppose the amendment but nevertheless, by unanimous consent, 
  claims the time reserved for opposition. Manual Sec. 959.
      For further discussion on control of debate by managers, see 
  Sec. 10, supra.


  Sec. 13 . Designation of Member Who May Call Up a Measure

      The committee reporting a measure occasionally designates the 
  Member who may call up a measure for consideration, in which case the 
  Chair may recognize only that Member. Deschler-Brown Ch 29 
  Sec. Sec. 27.1, 27.2. A special order of business also may designate 
  the Member. Sec. 14, infra. If a Member has not been specifically 
  designated, the Chair has the discretion to recognize a committee 
  member to call up a measure. 91-1, Dec. 23, 1969, p 40982.


  Sec. 14 . Effect of Special Orders of Business

                                 Generally

      The designation of certain Members to control debate on a measure 
  is frequently provided by special order of business from the Committee 
  on Rules. Typically the Committee on Rules will draft a special order 
  of business providing that debate be equally divided and controlled by 
  the chair and ranking minority member of the reporting committee or 
  committees. Deschler-Brown Ch 29 Sec. 28. That control can be 
  delegated to a designee on the committee.

                Dividing Debate Between Multiple Committees

      A special order of business from the Committee on Rules may 
  specify that debate be divided between and controlled by two or more 
  standing committees. Deschler-Brown Ch 29 Sec. 28.13. The special 
  order of business may provide that debate be controlled by the chairs 
  and ranking minority members of the several committees reporting a 
  bill, sometimes with the sec

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  ondary committees controlling a lesser amount of time. Deschler-Brown 
  Ch 29 Sec. 28.16. Debate also may be divided between the standing 
  committee reporting a bill and a permanent select committee. 95-1, 
  Sept. 9, 1977, p 28367.
      Where a special order of business divides the control of general 
  debate on a bill among the chairs and ranking members of two standing 
  committees, but does not specify the order of recognition, recognition 
  is within the Chair's discretion. The Chair may allow one committee to 
  use its time before recognizing the other, or may rotate among the 
  four managers. Deschler-Brown Ch 29 Sec. 28.18.
      If the rule divides control of debate among a primary reporting 
  committee and several sequentially reporting committees in a 
  designated order, the Chair may allocate time between the chair and 
  ranking minority member of each committee in the order listed, if and 
  when present on the floor, and permit only the primary committee to 
  reserve a portion of its time to close general debate. Deschler-Brown 
  Ch 29 Sec. 28.16. When the Chair has announced the intention to permit 
  the primary committee to so reserve a portion of its time, the 
  sequential committees are required to use all of their time before the 
  closing debate by the primary committee. 99-1, Dec. 5, 1985, pp 34638, 
  34644. A majority manager of the bill who represents the primary 
  committee of jurisdiction is entitled to close general debate (as 
  against another manager representing an additional committee of 
  jurisdiction). Manual Sec. 959.

      Division of Time Between a Member in Favor and a Member Opposed

      In the event that a specified amount of time for debate is equally 
  divided and controlled between the proponent of the amendment and a 
  Member opposed thereto, only one Member may be recognized to control 
  the time in favor of the amendment and only one Member may be 
  recognized to control the time in opposition, though each may in turn 
  yield blocks of time to other Members. 99-2, Aug. 11, 1986, pp 20678, 
  20679. Pro forma amendments are not permitted where second degree 
  amendments are prohibited unless so specified. 99-2, Aug. 14, 1986, p 
  21655. Time for debate on the amendment having been divided between 
  the proponent and an opponent, the Chair has the discretion to 
  recognize the manager of the bill in opposition, there being no 
  requirement for recognition of the minority party. Indeed, the Chair 
  ordinarily recognizes the chair of the committee managing the bill if 
  such individual qualifies as opposed to the amendment. Manual 
  Sec. 959; Sec. 10, supra.
      A special order of business may provide that, after general debate 
  divided between the chair and ranking minority member of the reporting 
  com

[[Page 394]]

  mittee, a certain amount of time for general debate be divided and 
  controlled by a Member in favor of and a Member opposed to a certain 
  section of the bill. 96-1, Sept. 13, 1979, pp 24168, 24192. In one 
  instance, the House adopted a special order of business providing for 
  one hour of general debate to be equally divided and controlled by the 
  chair and ranking minority member of the reporting committee, and two 
  hours to be divided and controlled by Members to be designated by the 
  chair. 95-2, July 31, 1978, p 23451.


  Sec. 15 . Yielding Time-- For Debate

                         In General; Who May Yield

      In an earlier era, a Member could not yield time for debate 
  without losing the right to reoccupy the floor. A Member could not 
  yield the floor unless it was yielded unconditionally. 5 Hinds 
  Sec. Sec. 5023, 5026. That practice began to change with the adoption 
  of the hour rule for debate in 1841. 5 Hinds Sec. 5021.
      Under current practice, a Member controlling the time during 
  debate may yield blocks of time for debate to others, be seated, and 
  still retain the right to resume debate or move the previous question. 
  8 Cannon Sec. 3383. The yielding of time for debate is discretionary 
  with the Members who have control thereof. Deschler-Brown Ch 29 
  Sec. Sec. 31.1, 31.2. A Member may not yield for purposes of debate 
  when rising merely to make or reserve a point of order. Deschler-Brown 
  Ch 31 Sec. 7.5. A Member may not yield to another for debate while 
  under recognition merely for a parliamentary inquiry. Deschler-Brown 
  Ch 29 Sec. 20.7.
      A Member who seeks yielded time should address the Chair and 
  request the permission of the Member speaking. Deschler-Brown Ch 29 
  Sec. 42. Where a Member interrupts another Member during debate 
  without being yielded to, the time consumed by such remarks are not 
  charged against the time for debate of the Member controlling the 
  floor and the remarks are not carried in the Congressional Record. 
  Manual Sec. 946.
      The time used by yielding is ordinarily charged against the 
  yielding Member. Deschler-Brown Ch 29 Sec. 29.5. Unused time reverts 
  to the yielding Member. Deschler-Brown Ch 29 Sec. 31.36. A Member may 
  yield to another for a parliamentary inquiry, but the time consumed by 
  the inquiry and the response of the Chair comes out of the time of the 
  Member yielding. Deschler-Brown Ch 29 Sec. 29.5.
      Clause 3(b) of rule XVII, which prohibits a Member who is not a 
  manager from speaking more than once on a question, often is 
  superseded in modern practice by special orders of business that vest 
  control of debate in

[[Page 395]]

  designated Members and permit them to yield more than once to other 
  Members. Manual Sec. 959.

                               In the House

      The Member in control of debate in the House under the hour rule 
  has the discretion to yield for debate. Deschler-Brown Ch 29 Sec. 29. 
  Indeed, although not required to do so by standing rule, majority 
  members in control under the hour rule frequently yield one-half the 
  time to the minority. Deschler-Brown Ch 29 Sec. 29.15. Of course, the 
  yielding of time must be consistent with any division of time that is 
  required by House rule or a special order of business from the 
  Committee on Rules.

                       In the Committee of the Whole

      In the Committee of the Whole, a Member in control of time for 
  general debate may yield a block of time (up to one hour) to another 
  Member. Deschler-Brown Ch 29 Sec. 31.24.
      During five-minute debate Members may yield, as for a question or 
  comment, but may not yield blocks of time. 5 Hinds Sec. Sec. 5035-
  5037. A Member yielding to a colleague during debate under the five-
  minute rule should remain standing to protect such Member's right to 
  the floor. Deschler-Brown Ch 29 Sec. 29.8. If a Member uses only part 
  of the time, such five-minute period is treated as exhausted, as it 
  cannot be reserved, and another Member cannot claim recognition for 
  the unused time. 8 Cannon Sec. 2571. However, where debate on an 
  amendment is limited or allocated by a unanimous-consent agreement or 
  motion, or by a special order of business, to a proponent and an 
  opponent, the five-minute rule is abrogated and the Members 
  controlling the debate may yield blocks of time or reserve time. 
  Manual Sec. 980.

           Yielding During Debate on Special Orders of Business

      The traditional practice with regard to resolutions from the 
  Committee on Rules providing special orders of business for the 
  consideration of measures is for the Member in charge of the 
  resolution to yield one-half of the time to the minority, who then may 
  yield specified portions thereof. Although the minority member of the 
  Committee on Rules to whom one-half of the time for debate is yielded 
  customarily yields portions of that time to other Members, another 
  Member to whom a portion of time is yielded may in turn yield blocks 
  of that time only by unanimous consent. Deschler-Brown Ch 29 
  Sec. 31.23. However, where a Member has been recognized under the hour 
  rule following refusal of the previous question on such a resolution, 
  such Member has control of the time and is under no obligation

[[Page 396]]

  to yield half of that time as is the customary practice of the 
  Committee on Rules. Deschler-Brown Ch 29 Sec. 15.20.

                     Yielding Time During Yielded Time

      A Member to whom time has been yielded during debate under the 
  hour rule in the House may, while remaining standing, yield to a third 
  Member for comments or questions but may not in turn yield blocks of 
  time, except by unanimous consent. Deschler-Brown Ch 29 Sec. 31.21. A 
  similar rule is followed in the Committee of the Whole. Deschler-Brown 
  Ch 29 Sec. 31.24.
      Where a Member is yielded time in the House for debate only, time 
  may not be yielded to a third Member for purposes other than debate. 
  Deschler-Brown Ch 29 Sec. 31.19.


  Sec. 16 . -- Yielding for Amendment

                                In General

      A measure being considered in the House is not subject to 
  amendment by a Member not in control of the time unless the Member in 
  control yields for that purpose. Deschler-Brown Ch 29 Sec. Sec. 30.1, 
  30.4. A Member may not offer an amendment in time secured for debate 
  only or request unanimous consent to offer an amendment unless yielded 
  to for that purpose by the Member controlling the floor. Manual 
  Sec. 946; 8 Cannon Sec. 2474; Deschler-Brown Ch 29 Sec. 30.6.
      Members to whom time is yielded for the purpose of offering an 
  amendment in the House are recognized in their own right to discuss 
  the amendment for one hour and may themselves yield time. 8 Cannon 
  Sec. Sec. 2471, 2478; Deschler-Brown Ch 29 Sec. 30.11.

                    Loss of Control by Yielding Member

      A Member may not yield to another Member to offer an amendment 
  without losing the floor. 5 Hinds Sec. Sec. 5021, 5030, 5031; 8 Cannon 
  Sec. 2476; Manual Sec. 946. Where a Member controlling the time on a 
  measure in the House yields for the purpose of amendment, another 
  Member may move the previous question on the measure before the Member 
  yielded to is recognized to debate the amendment. Manual Sec. 997. The 
  previous question takes precedence over an amendment. Clause 4 of rule 
  XVI; Manual Sec. 911. If the Member calling up a measure offers an 
  amendment and then yields to another Member to offer an amendment to 
  that amendment, the first Member loses the floor and the Member 
  yielded to is recognized for one hour and may move the previous 
  question on the amendments and on the measure itself. Deschler-Brown 
  Ch 29 Sec. 33.9.

[[Page 397]]

                        Under the Five-Minute Rule

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. It is the prerogative of the 
  Chair to recognize Members offering amendments under the five-minute 
  rule. Manual Sec. 946. However, a Member recognized under the five-
  minute rule may by unanimous consent yield the balance of the time to 
  another Member, who may thereafter offer an amendment when separately 
  recognized by the Chair for that purpose. Deschler-Brown Ch 29 
  Sec. 19.25.
      A Member offering a pro forma amendment under the five-minute rule 
  may not yield to another Member during that time to offer an 
  amendment. Manual Sec. 981.


  Sec. 17 . Interruptions; Losing or Surrendering Control

                                In General

      With few exceptions, a Member may interrupt another Member in 
  debate only if yielded to. A Member desiring to interrupt another in 
  debate should address the Chair to obtain the permission of the Member 
  speaking. The Member speaking may then decide whether or not to yield. 
  The Chair will take the initiative in preserving order when a Member 
  declining to yield in debate continues to be interrupted by another 
  Member. Deschler-Brown Ch 29 Sec. 42.14; Manual Sec. 946.
      A Member in control of time for debate in the House may 
  voluntarily surrender the floor by simply so stating or by withdrawing 
  the measure. A Member recognized under the hour rule may yield the 
  floor upon expiration of that hour without moving the previous 
  question, thereby permitting another Member to be recognized for a 
  successive hour. Manual Sec. 957. A Member also may lose the floor if 
  ruled out of order for disorderly language. Deschler-Brown Ch 29 
  Sec. 33. Finally, a Member loses the floor if yielding for other 
  legislative business (8 Cannon Sec. 2468) or for an amendment 
  (Sec. 16, supra).
      A Member may be interrupted by a point of order or by the 
  presentation of certain privileged matter, such as a conference 
  report. 5 Hinds Sec. 6451; 8 Cannon Sec. 3294. In addition, it is 
  customary for the Speaker to request a Member to yield for the 
  reception of a message. Manual Sec. 946. However, a parliamentary 
  inquiry may not be used to interrupt a Member. Manual Sec. 628a.
      Although a motion proposed by the Member in charge may be 
  displaced by a preferential motion, a Member may not by offering such 
  motion

[[Page 398]]

  deprive the Member in charge of the floor. 8 Cannon Sec. 3259. A 
  Member having the floor may not be deprived of the floor:

     By a motion to adjourn. 5 Hinds Sec. Sec. 5369, 5370; 8 Cannon 
         Sec. 2646.
     By a demand for the previous question. 8 Cannon Sec. 2609.
     By a question of personal privilege. 5 Hinds Sec. 5002; 8 
         Cannon Sec. 2459; 98-1, Sept. 29, 1983, pp 26508, 26509.

                 Interruptions for Parliamentary Inquiries

      An interruption for a parliamentary inquiry is not in order unless 
  the Member having the floor yields for that purpose. Manual Sec. 628a; 
  8 Cannon Sec. Sec. 2455-2458. If a Member does yield for that purpose, 
  control of the floor is not lost because the right to resume is 
  retained. Thus, a Member who has been yielded time for a parliamentary 
  inquiry may not during such inquiry move that the House adjourn, for 
  that would deprive the Member holding the floor of the right to 
  resume. 88-2, June 3, 1964, p 12522.
      Where the Member controlling the time yields to another for 
  debate, the latter may, during the time so yielded, propound a 
  parliamentary inquiry. 90-1, July 17, 1967, p 19033. The time consumed 
  to state and answer the inquiry is deducted from the time for debate. 
  94-1, Sept. 25, 1975, p 30196. When the Member holding the floor 
  during general debate yields solely for a parliamentary inquiry, such 
  Member's time continues to run. Deschler-Brown Ch 31 Sec. 15.6. 
  However, when the Chair entertains a parliamentary inquiry before the 
  Member managing the pending measure in the House has been recognized 
  for debate, or between recognitions, the time consumed by the inquiry 
  does not come out of the manager's time. Deschler-Brown Ch 31 
  Sec. 15.8.


                          C. Relevancy in Debate


  Sec. 18 . In General; In the House

      Members addressing the House must confine themselves ``to the 
  question under debate. . . .'' Clause 1 of rule XVII; Manual Sec. 945. 
  The rule, which was adopted in 1811, enables the House to expedite 
  proceedings when a specific proposition is before it for action. 
  Manual Sec. 945; 5 Hinds Sec. Sec. 4979, 5043-5048; 8 Cannon 
  Sec. 2481. The rule is directed against irrelevant discussion, not 
  mere redundancy. Although Jefferson's Manual enjoins superfluous or 
  tedious remarks, in practice the House has never suppressed debate of 
  this character, the hour rule being regarded as sufficiently 
  restrictive in that regard. Manual Sec. 359.

[[Page 399]]

      Debate on a reported resolution pending before the House should be 
  confined thereto and should not be extended to an unreported bill even 
  though on the same subject. 5 Hinds Sec. 5053. The rule is also 
  applicable to debate on private bills. 8 Cannon Sec. 2590. On a motion 
  to suspend the rules, debate is confined to the object of the motion 
  and may not range to the merits of a bill not scheduled for such 
  consideration. Manual Sec. 948.
      It was the custom of earlier Speakers to hold the Member speaking 
  strictly to the question before the House, without waiting for the 
  point to be made on the floor. See 5 Hinds Sec. 5043 (note). Under 
  modern practice, however, the Chair waits for a point of order to be 
  made and rarely calls a Member to order sua sponte for speaking on an 
  unrelated question. Manual Sec. 948.
      Under modern practice Speakers have applied the rule of relevancy 
  with more tolerance and latitude than under the earlier practice. 
  Deschler-Brown Ch 29 Sec. 35. A Member is sometimes permitted to 
  discuss matters other than the pending measure by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 35. Absent unanimous consent, if a point of 
  order is made and sustained, the Speaker must direct the Member 
  speaking to confine remarks to the question (5 Hinds Sec. Sec. 5044-
  5048) and to maintain an ongoing ``nexus'' between the pending bill 
  and any broader policy issues (Manual Sec. 948).
      The relevancy requirement of rule XVII is applicable to floor 
  debate on pending propositions. It is not normally applicable to a 
  Member making a one-minute or special-order speech. See Sec. 50, 
  infra. However, if a unanimous-consent request for a Member to address 
  the House for one hour specifies the subject of the address, the Chair 
  may enforce the rule of relevancy in debate by requiring that the 
  remarks be confined to the subject so specified. Manual Sec. 948.
      When a resolution reported from the Committee on Rules is pending, 
  debate must be confined to that special order of business and to the 
  merits of the bill made in order thereby. Debate should not extend to 
  the merits of a bill that is not to be considered under the special 
  order of business. Manual Sec. 948. However, debate may extend to the 
  merits of a germane amendment to the special order of business, which 
  a proponent is prepared to offer in the case that the previous 
  question is not ordered on the special order of business.
      Debate on a question of personal privilege must be confined to the 
  statements or issue that gave rise to the question of privilege. 5 
  Hinds Sec. Sec. 5075-5077; 6 Cannon Sec. Sec. 576, 608; 8 Cannon 
  Sec. Sec. 2448, 2481; Deschler-Brown Ch 29 Sec. 36. Debate on a 
  privileged resolution recommending disciplinary action against a 
  Member may include comparisons with other such actions taken by or 
  reported to the House for purposes of measuring the se

[[Page 400]]

  verity of punishment but should not extend to the conduct of another 
  Member who is not the subject of a committee report. Debate on a 
  resolution electing a Member to committee should not extend to that 
  committee's agenda. Manual Sec. 948.


  Sec. 19 . In the Committee of the Whole-- General Debate

      In the Committee of the Whole, during the general debate that 
  precedes the reading of the bill for amendment under the five-minute 
  rule, a Member is allowed great freedom and latitude in debate. 5 
  Hinds Sec. Sec. 5234-5238. ``Anything may be discussed which may by 
  the liveliest imagination be supposed to relate to the state of the 
  Union in any particular or in any degree, however remote.'' 8 Cannon 
  Sec. 2590. However, such license is normally suppressed by the special 
  order of business or other House order setting the duration and scope 
  of the debate. 5 Hinds Sec. Sec. 5233-5238; 8 Cannon Sec. 2590; 
  Deschler-Brown Ch 29 Sec. 37. If the bill is being considered under 
  the terms of a special order of business that requires that debate be 
  confined to the bill, a Member may exceed those bounds only by 
  unanimous consent. Deschler-Brown Ch 29 Sec. 37.3.


  Sec. 20 . -- Under the Five-Minute Rule

      The scope of debate under the five-minute rule is more narrowly 
  confined than is the scope of general debate. Manual Sec. 948; 5 Hinds 
  Sec. Sec. 5240-5256; 8 Cannon Sec. 2591. Debate on a pending amendment 
  must be confined to the subject of the amendment and its relation to 
  the bill. Deschler-Brown Ch 29 Sec. Sec. 38.5, 38.11. This is due in 
  part to the language of clause 5 of rule XVIII, which states that a 
  Member is to be allowed five minutes ``to explain'' an offered 
  amendment. Manual Sec. 978. It has been held that remarks on the 
  general merits of the bill are not in order as ``explaining'' an 
  amendment, and remarks touching on the demerits of the bill are not in 
  order as opposing an amendment. 5 Hinds Sec. 5242. Nevertheless, the 
  Chair may accord Members latitude to put their amendment in context, 
  such as permitting debate on a series of amendments in the nature of a 
  substitute to a concurrent resolution on the budget to include 
  amendments not yet offered. 106-1, Mar. 25, 1999, pp 5725-27, 5733-44.
      Relevancy in debate may be enforced even if a Member is attempting 
  to respond to previous extraneous remarks in debate against which no 
  point of order was raised. Deschler-Brown Ch 29 Sec. 38.13; 110-1, 
  July 31, 2007, p 21963. However, a Member may speak to another subject 
  by unanimous consent. This is permitted even where the Committee of 
  the Whole is proceeding pursuant to the provisions of a special order 
  of business permitting

[[Page 401]]

  only designated amendments to be offered. Deschler-Brown Ch 29 
  Sec. 38.17. Where a general provisions title is pending, debate may 
  relate to any subject covered by the bill. Manual Sec. 948.


                           D. Disorder in Debate


  Sec. 21 . In General

                                 Generally

      Among the oldest rules of the House are those that authorize the 
  Speaker to maintain order and decorum in the House (clause 2 of rule 
  I) and to call a Member who had transgressed the rules of the House 
  ``in speaking or otherwise'' to order (clause 4 of rule XVII). This 
  language makes it clear that Members must not only follow all the 
  rules and requirements for the conduct of business in the House, but 
  must also observe the principles of decorum and courtesy in debate, as 
  set forth in rule XVII and by related provisions in Jefferson's 
  Manual. Manual Sec. Sec. 353-379, 945-962.
      Time consumed by proceedings incident to a call to order is not 
  charged against the time of the Member under recognition. 102-2, Oct. 
  3, 1992, p 31009.
      A Member may be called to order by another Member's timely demand 
  that the words used be taken down and read aloud at the Clerk's desk. 
  The Speaker then rules whether the words or actions of the Member are 
  disorderly. Whether an offending Member is to be allowed to proceed in 
  order or is to be disciplined is determined by the House. Sec. 26, 
  infra.

                              Disorderly Acts

      Decorum or comportment in the conduct and behavior of Members on 
  the floor of the House is governed in part by clause 5 of rule XVII. 
  Manual Sec. 962. Prohibited conduct under the rule includes:

     Walking out of or across the hall while the Speaker is 
         addressing the House.
     Passing between the Chair and a Member under recognition.
     Wearing a hat.
     Using a mobile electronic device that impairs decorum.
     Remaining by the Clerk's desk during roll calls.
     Smoking.
     Wearing a communicative badge while under recognition.

      A Member's comportment may constitute a breach of decorum even 
  though the content of that Member's speech is not, itself, 
  unparliamentary. Deschler-Brown Ch 29 Sec. 41.2; 103-2, July 29, 1994, 
  p 18609.

[[Page 402]]

      Demonstrations of approval or disapproval, such as applause, are 
  not a part of the formal proceedings of the House and are not carried 
  in the Congressional Record. Deschler-Brown Ch 29 Sec. 41.8. A Member 
  having the floor may not request Members to conduct a straw vote, such 
  as showing hands or rising in support of a certain measure. Deschler-
  Brown Ch 29 Sec. 41.10.
      The Chair may entertain a demand to clear the well in the event of 
  disorder therein. 88-1, Dec. 9, 1963, p 23831. Under clause 3 of rule 
  II, the Sergeant-at-Arms attends the sittings of the House and the 
  Committee of the Whole and maintains order under the direction of the 
  Speaker or Chair. Manual Sec. 656; 1 Hinds Sec. 257. On one occasion 
  the Speaker requested the Sergeant-at-Arms to assist him in 
  maintaining decorum disrupted by a former Member. Manual Sec. 622. 
  Former Members may be banned from the floor for indecorous behavior as 
  a matter of privilege. Manual Sec. 680.
      Acts of physical violence by one Member or between two Members 
  during or after heated debate have occurred. 2 Hinds Sec. Sec. 1642-
  1644, 1655, 1656. Assaults or affrays in the Committee of the Whole 
  are dealt with by the House. 2 Hinds Sec. Sec. 1648-1651.

                                  Attire

      The Speaker has announced as proper the customary traditional 
  attire for Members while in attendance in the House Chamber, including 
  a coat and tie for male Members and appropriate attire for female 
  Members. In one instance, the Speaker refused to recognize for debate 
  a Member in violation of the practice that Members were expected to 
  follow traditional standards of dress, and requested the Member in 
  question to remove himself from the floor and don proper attire. The 
  House subsequently agreed to a resolution, offered as a question of 
  privilege, requiring Members to wear proper attire as determined by 
  the Speaker, and denying noncomplying Members the privilege of the 
  floor. Manual Sec. 622.

                        Exhibits and Charts; Badges

      Under clause 6 of rule XVII, the Chair has the discretion to 
  submit to the House the question of the use of an exhibit, such as a 
  chart, during debate. In addition, the Speaker's responsibility to 
  preserve decorum requires that an exhibit in debate that would be 
  demeaning to the House or that would be disruptive of its proceedings 
  be disallowed. Manual Sec. Sec. 622, 963; see Sec. 61, infra.
      In recent years, Members occasionally have worn badges on the 
  floor to convey political messages to their colleagues and to the 
  television audience. The Speaker has advised Members that the wearing 
  of badges on the

[[Page 403]]

  floor while engaging in debate is inappropriate and in contravention 
  of clause 1 of rule XVII. Manual Sec. 945.

                          Speaker's Announcements

      On the opening day of recent Congresses, the Speaker has stressed 
  the importance of various rules of decorum in the House. The Speaker 
  has prefaced this customary announcement with a general statement 
  concerning decorum in the House, including adjurations against 
  engaging in personalities, addressing remarks to spectators, and 
  passing in front of the Member addressing the Chair. ``It is 
  essential,'' the Speaker said, ``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 to permit Members to properly 
  comprehend and participate in the business of the House.'' 107-1, Jan. 
  3, 2001, p 40. See also Sec. Sec. 60-62, infra.
      At the beginning of the 112th Congress, the Speaker's announcement 
  regarding recognition for special-order speeches affirmed that the 
  Speaker retains the ability to withdraw such recognition should 
  circumstances (such as disorderly conduct) so warrant. 112-1, Jan. 5, 
  2011, p __.


  Sec. 22 . Disorderly Language

      Members have been censured or otherwise disciplined for the use of 
  disorderly words in debate, whether the words were uttered in the 
  House or the Committee of the Whole. Manual Sec. 960; 2 Hinds 
  Sec. Sec. 1254, 1259, 1305; 6 Cannon Sec. 236. A Member may likewise 
  be disciplined for the insertion of disorderly words in the 
  Congressional Record. 6 Cannon Sec. 236. Members have been cautioned 
  against the use of vulgarity or profanity in debate. Manual Sec. 945. 
  The Chair may call to order a Member engaging in or tending toward 
  personalities in debate or for a verbal outburst following the 
  expiration of time for debate. Manual Sec. Sec. 361, 622. For a 
  discussion of critical references to Members, see Sec. 37, infra.
      Remarks in debate have been the subject of a resolution 
  collaterally raising a question of the privileges of the House, such 
  resolution alleging that the remarks brought discredit upon the House 
  and proposing that the Member in question be censured. 110-1, Oct. 23, 
  2007, p 27966; see also Questions of Privilege.
      The context of the debate itself must be considered in determining 
  whether the words objected to constitute disorderly criticism or do in 
  fact fall within the boundaries of appropriate parliamentary 
  discourse. The present-day meaning of language, the tone and intent of 
  the Member speaking, and the subject of the remarks, must all be taken 
  into account by the Speaker. There have been instances in which the 
  same or similar word has

[[Page 404]]

  on one occasion been ruled permissible and on another ruled 
  unparliamentary. Thus the word ``damn'' has been ruled out of order, 
  whereas ``damnable'' has been permitted. Deschler-Brown Ch 29 Sec. 43.


  Sec. 23 . -- Critical References to the Senate and to Senators

      A rule of comity prohibiting most references in debate to the 
  Senate was first enunciated in Jefferson's Manual and was strictly 
  enforced in the House through the 108th Congress (albeit with certain 
  exceptions adopted in the 100th and 101st Congresses). Manual 
  Sec. 945. The former rule prohibited most references to the Senate 
  except in a general or neutral way and prohibited any references to 
  individual Senators (beyond their status as sponsors of legislation).
      In the 109th Congress, the rule was changed to permit references 
  to the Senate generally and to subject individual Senators to the same 
  standards of debate used for Members of the House. Thus, Members may 
  not engage in ``personalities'' with regard to individual Senators. 
  For example, it is not in order to refer to a Senator in a derogatory 
  fashion, to question a Senator's personal motives, or to accuse a 
  Senator of falsehood or deception. For further information on the 
  kinds of personal remarks prohibited as to both House Members and 
  Senators, see Sec. Sec. 37-43, infra. The Chair will take the 
  initiative to call Members to order for unparliamentary references 
  with regard to the Senate. Manual Sec. 371.


  Sec. 24 . -- References to the Press, Media, or Gallery

                          References to the Media

      A Member should address all remarks to the Chair, and only the 
  Chair; it is not in order for a Member to address remarks to ``the 
  press'' or to the ``television audience,'' including Members watching 
  in their offices. The rule is enforced on the Chair's own initiative. 
  Manual Sec. 945.

                         References to the Gallery

      By rule of the House adopted in 1933, no Member may introduce or 
  refer to any occupant of the galleries of the House. Clause 7 of rule 
  XVII; Manual Sec. 966. The rule is strictly enforced, and the Speaker 
  ordinarily intervenes sua sponte to prevent infraction thereof. 
  Deschler-Brown Ch 29 Sec. Sec. 45.4, 45.7. The rule may not be 
  suspended by permission to proceed out

[[Page 405]]

  of order, even by unanimous consent. Manual Sec. 966. The rule has 
  been invoked to prevent a Member from making references to:

     An honored guest in the gallery who had exhibited ``great 
         heroism.'' Deschler-Brown Ch 29 Sec. 45.1.
     A Member's constituents sitting in the gallery. Deschler-Brown 
         Ch 29 Sec. 45.2.
     A Federal official present in the gallery who had an interest 
         in the pending bill. Deschler-Brown Ch 29 Sec. 45.3.
     A ``disinterested, objective observer'' sitting in the 
         gallery. Deschler-Brown Ch 29 Sec. 45.5.
     Family members present in the gallery. 99-2, July 29, 1986, p 
         17956.


  Sec. 25 . -- References to Executive Officials

      Jefferson wrote that in Parliament it was out of order to speak 
  ``irreverently or seditiously'' against the King. Manual Sec. 370. No 
  analogous constraint exists in the rules of the House. Members in 
  debate are permitted wide latitude in the use of language that is 
  critical of the President, other officials of the executive branch, 
  and the government itself. 5 Hinds Sec. Sec. 5087-5091; 8 Cannon 
  Sec. Sec. 2499, 2500; Deschler-Brown Ch 29 Sec. 47. Such criticism is 
  considered as inherent in the exercise of legislative authority. As a 
  report adopted by the House in 1909 read, ``The right to legislate 
  involves the right to consider conditions as they are and to contrast 
  present conditions with those of the past or those desired in the 
  future. The right to correct abuses by legislation carries the right 
  to consider and discuss [them].'' 8 Cannon Sec. 2497. Members may 
  employ strong language in criticizing the government, government 
  agencies, and governmental policies. For example, it has been held in 
  order for a Member to:

     Refer to the government as ``something hated, something 
         oppressive.'' Deschler-Brown Ch 29 Sec. 47.6.
     Refer to the President as ``using legislative and judicial 
         pork.'' 8 Cannon Sec. 2499.
     Refer to certain unnamed officials as ``our half-baked nitwits 
         who are handling the foreign affairs. . . .'' Deschler-Brown Ch 
         29 Sec. 47.3.
     Refer to a Federal agency as a ``Socialist, Communist'' 
         experiment. Deschler-Brown Ch 29 Sec. 47.4.
     Refer to the government as a ``labor dictatorship.'' Deschler-
         Brown Ch 29 Sec. 47.5.

      On the other hand, the rules do not permit the use of language 
  that is personally offensive toward the President. Manual Sec. 370; 5 
  Hinds Sec. 5094. For example, it is out of order to call the President 
  a ``liar'' or a ``hypocrite'' or to refer to accusations of sexual 
  misconduct. Manual Sec. 370; 8 Can

[[Page 406]]

  non Sec. 2498; Deschler-Brown Ch 29 Sec. 47.16. A Member may refer to 
  political motives of the President in debate. However, personal 
  criticism, innuendo, ridicule, or terms of opprobrium are not in 
  order. 8 Cannon Sec. 2497. For example, a Member may not in debate 
  describe the President's veto of a bill as ``cowardly'' (Manual 
  Sec. 370), charge that the President has been ``intellectually 
  dishonest'' (Deschler-Brown Ch 29 Sec. 47.15), refer to the President 
  as ``giving aid and comfort'' to the enemy (Deschler-Brown Ch 29 
  Sec. 47.17), or describe the President's actions as ``arrogant'' (110-
  1, Jan. 11, 2007, p 998) or ``mean-spirited'' (110-2, July 15, 2008, p 
  __).
      Members must abstain from personally offensive language even 
  during impeachment proceedings. It is not in order to refer to 
  evidence of alleged impeachable offenses by the President contained in 
  a communication from an Independent Counsel pending before a House 
  committee but not before the House itself. Manual Sec. 370.
      The Speaker has advised that the traditional protections against 
  unparliamentary references to the President do not necessarily extend 
  to the President's family. Deschler-Brown Ch 29 Sec. 47.18. The 
  Speaker enunciated a minimal standard of propriety for all debate 
  concerning nominated candidates for the Presidency, based on the 
  traditional proscription against personally offensive references to 
  the President even in the capacity of candidate. Manual Sec. 370.
      References in debate to the Vice President are governed by the 
  standards of reference permitted toward the President or Senators. 
  Therefore, a Member may criticize in debate the policies or candidacy 
  of the Vice President but may not engage in personality. Manual 
  Sec. 371.
      Under rule XVII a Member may be called to order for alleged 
  unparliamentary references to the President by a demand that the words 
  be taken down. Deschler-Brown Ch 29 Sec. 49.32.


  Sec. 26 . Procedure; Calls to Order

                               In the House

      Procedures are available under rule XVII that enable the House to 
  deal with disorderly words or actions by Members. A Member 
  transgressing the rules may be called to order by the Speaker or by 
  another Member. Manual Sec. 960. The Member calling the offending 
  Member to order may demand that the words objected to be ``taken 
  down'' and read to the House by the Clerk. Manual Sec. 960.
      Briefly summarized, procedures available to deal with disorder 
  include:

     Point of order raised against alleged unparliamentary 
         language.
     Demand that words be ``taken down.''

[[Page 407]]

     The Chair gavels the proceedings to a halt and directs the 
         offending Member to be seated.
     Words taken down reported to the House by the Clerk.
     Unanimous-consent request to withdraw words taken down.
     Motion to allow Member to explain words taken down.
     Speaker rules whether words are out of order.
     Member ruled out of order must be seated and discontinue 
         debate.
     Motion to strike (or expunge) words.
     Censure or other disciplinary action by the House if (with 
         certain exceptions) there has been no intervening debate or 
         business.
     Motion that the Member be allowed to proceed in order.

      Not all cases involving disorderly words require the taking down 
  of words and other formal action by the House. In many instances, the 
  Chair will observe that debate is becoming personal and approaching a 
  violation of the rules, in which case the Chair may simply request 
  that Members proceed in order. See, e.g., Deschler-Brown Ch 29 
  Sec. 48.1. The Chair also may caution all Members, on the Chair's own 
  initiative or in response to a parliamentary inquiry, not to question 
  the integrity or motivation of other Members in debate. Deschler-Brown 
  Ch 29 Sec. 49.36. Likewise, where a Member objects to unparliamentary 
  remarks delivered in debate, but does not demand that the words be 
  taken down, it is appropriate for the Chair to sustain the point of 
  order and then direct the Member to proceed in order. Deschler-Brown 
  Ch 29 Sec. 49.34.
      Ordinarily, a question of personal privilege may not be based upon 
  language uttered in debate, the proper course being the timely demand 
  that words be taken down under rule XVII. Manual Sec. 708. However, 
  remarks in debate have been the subject of a resolution collaterally 
  raising a question of the privileges of the House, such resolution 
  alleging that the remarks brought discredit upon the House and 
  proposing that the Member in question be censured. 110-1, Oct. 23, 
  2007, p 27966; see also Questions of Privilege.


  Sec. 27 . -- Procedure in the Committee of the Whole

      A point of order may be raised against the use of disorderly 
  language during debate in the Committee of the Whole. The chair of the 
  Committee may respond by sustaining the point of order and admonishing 
  the offending Member to proceed in order. Deschler-Brown Ch 29 
  Sec. 49.34.
      The use of disorderly language in the Committee of the Whole also 
  is subject to a demand that the words be taken down and reported to 
  the House for a ruling by the Speaker. 8 Cannon Sec. 2539. The Chair 
  does not rule on whether the words taken down are out of order. 8 
  Cannon Sec. Sec. 2533,

[[Page 408]]

  2540. There is no debate in the Committee on the propriety of the 
  words used. 8 Cannon Sec. 2538. The Committee rises automatically to 
  report the words to the House after the words are reported by the 
  Clerk. 2 Hinds Sec. Sec. 1257-1259, 1348; 8 Cannon Sec. Sec. 2533, 
  2538, 2539. The business of the Committee is suspended until the words 
  objected to are reported to the House. Deschler-Brown Ch 29 
  Sec. 49.42.

                                   Form

      Chair: M_. Speaker, the Committee of the Whole House on the state 
    of the Union having under consideration the bill H.R. __, certain 
    words used in debate were objected to and on request were taken down 
    and read at the Clerk's desk, and I herewith report the same to the 
    House.
      Speaker (after announcing report of Chair): The Clerk will read 
    the words reported from the committee.

      All of the words objected to in the Committee of the Whole should 
  be reported to the House. The Speaker can pass only on the words as 
  reported; a demand that additional words uttered in Committee be 
  reported is not in order in the House. Deschler-Brown Ch 29 
  Sec. 50.10.
      After the Speaker rules on the words objected to and the House has 
  disposed of any disciplinary proceedings, the Committee of the Whole 
  resumes its sitting without motion. 8 Cannon Sec. Sec. 2539, 2541; 
  Manual Sec. 961.


  Sec. 28 . -- Taking Down Words

      The taking down of words objected to in debate was a practice of 
  the House even before the procedure became part of its formal rules in 
  1837. Clause 4 of rule XVII; Manual Sec. 960. The words taken down may 
  consist of a single phrase (Deschler-Brown Ch 29 Sec. 61.3) or an 
  entire colloquy between two Members (Deschler-Brown Ch 29 Sec. 49.13). 
  The demand should indicate the words excepted to and the identity of 
  the Member who uttered them. Manual Sec. 960. The objecting Member may 
  indicate briefly the basis for the demand, such as impugning the 
  motives of a colleague; but the objecting Member may not at that time 
  debate the grounds for a finding that the words are disorderly. 
  Deschler-Brown Ch 29 Sec. 49.18.
      Ordinarily, debate on or interpretation of the words objected to 
  is not in order pending a ruling by the Speaker. Although words 
  objected to in debate may be withdrawn pursuant to a unanimous-consent 
  request, no debate is in order pending such a request. Deschler-Brown 
  Ch 29 Sec. 49.20. However, the offending Member may by unanimous 
  consent (or on motion by another Member) be permitted to explain the 
  words. Deschler-Brown Ch 29 Sec. 52.16; Sec. 30, infra.

[[Page 409]]

      While a demand that a Member's words be taken down is pending, 
  that Member should be seated immediately. Manual Sec. 961. It is a 
  breach of decorum for a Member to ignore the Chair's gavel and the 
  instruction to be seated. Deschler-Brown Ch 29 Sec. 41.2.
      The business of the House is suspended until the words are 
  reported to the House. Deschler-Brown Ch 29 Sec. 49.32. During that 
  time the Speaker may refuse to entertain a parliamentary inquiry or a 
  unanimous-consent request that a Member be allowed to proceed for one 
  minute. Deschler-Brown Ch 29 Sec. Sec. 49.14, 49.15.

                                   Form

      Member: M_. Speaker (or M_. Chair), I ask that the gentle___'s 
    words be taken down.
      Chair: The gentle___ will be seated. The Clerk will report the 
    words.

                           Timeliness of Demand

      A demand that words be taken down is in order only if made in a 
  timely manner under rule XVII. Manual Sec. 960; 110-1, Jan. 22, 2007, 
  p 1899. The demand should be made immediately after the words are 
  uttered. Where debate has intervened, the demand comes too late unless 
  the objecting Member was standing and seeking recognition at the 
  proper time. The Chair's determination whether a Member's point of 
  order constitutes a demand that those words be ``taken down,'' is not 
  such intervening debate or business as to render the demand untimely. 
  Manual Sec. 961; 8 Cannon Sec. 2528. The Chair may not respond to a 
  parliamentary inquiry regarding the propriety of words pending a 
  demand that words be taken down or after the words have been uttered 
  and no such demand has been made. Manual Sec. 628.

                    Taking Down Words Read From Papers

      Papers read during debate are subject to a timely demand that 
  words be ``taken down'' as an unparliamentary reference to other 
  sitting Members, but the demand must be made before subsequent reading 
  intervenes. That certain words may already have been published 
  elsewhere does not make them admissible in debate, and words not 
  admissible in debate may not be inserted in the Congressional Record. 
  Deschler-Brown Ch 29 Sec. 83.6.

                           Withdrawal of Demand

      Before a ruling by the Speaker, a demand in the House or in the 
  Committee of the Whole that words be taken down may be withdrawn by 
  the Member making the demand, and unanimous consent is not required. 
  Manual Sec. 961.

[[Page 410]]

  Sec. 29 . -- Withdrawal or Modification of Words

                          Generally; In the House

      Words objected to in debate in the House may be withdrawn or 
  modified by unanimous consent, even after the words have been taken 
  down on demand and read by the Clerk. 8 Cannon Sec. Sec. 2543, 2544; 
  Deschler-Brown Ch 29 Sec. Sec. 51.1, 51.2.
      Pending a demand that words spoken in debate be taken down and 
  ruled unparliamentary, the Chair may inquire whether the Member whose 
  remarks are challenged wishes to request unanimous consent to modify 
  the remarks before directing the Clerk to read them. Deschler-Brown Ch 
  29 Sec. 51.11. However, the withdrawal of unparliamentary language may 
  be made even after the Speaker has ruled the language out of order or 
  even recognized another Member on a motion to strike the words from 
  the Congressional Record. 8 Cannon Sec. 2539.
      The Speaker does not rule retrospectively on the propriety of 
  words withdrawn by unanimous consent. Manual Sec. 628.

                       In the Committee of the Whole

      A Member may withdraw or modify words objected to in the Committee 
  of the Whole by unanimous consent. 8 Cannon Sec. Sec. 2528, 2538. In 
  one instance, two Members demanded that each other's words be taken 
  down and then, by unanimous consent, withdrew their remarks in the 
  Committee before they were reported to the House. Deschler-Brown Ch 29 
  Sec. 51.5.

                         Deletions From the Record

      Clause 8 of rule XVII mandates that the Congressional Record be a 
  ``substantially verbatim'' account of debate and permits the deletion 
  of unparliamentary remarks only by order of the House. This clause 
  establishes a standard of conduct within the meaning of that provision 
  of the rules giving rise to the investigative jurisdiction of the 
  Committee on Ethics.


  Sec. 30 . -- Permission to Explain

      Ordinarily, a Member whose words are taken down must sit down and 
  may not explain the remarks pending a ruling by the Speaker. Manual 
  Sec. 961. However, the rules specifically provide for a motion to 
  allow the Member to explain, which motion may be made only by another 
  Member. Clause 4 of rule XVII; Manual Sec. 960. Moreover, the Speaker 
  has the discretion, before ruling on the words, to request the Member 
  called to order to make a brief explanation of the remarks. Deschler-
  Brown Ch 29 Sec. 52.16.

[[Page 411]]

  Sec. 31 . -- Speaker's Ruling

      The Speaker (or Speaker pro tempore) has the sole power to rule 
  whether words objected to constitute a breach of order in debate. 
  Manual Sec. Sec. 960, 961; 2 Hinds Sec. 1249; 5 Hinds Sec. Sec. 5163-
  5169. This determination is made by the Speaker after the words have 
  been taken down (whether in the House or in the Committee of the 
  Whole) and have been reported by the Clerk. The question of whether 
  words taken down violate the rules is for the Speaker to decide and is 
  not debatable. Deschler-Brown Ch 29 Sec. 50.7. The Chair judges the 
  words as read by the Clerk and not as alleged to have been uttered. 
  Manual Sec. 961. No Member may engage the Chair until the demand has 
  been disposed of. Manual Sec. 961.
      The Speaker's ruling on a question of order has been appealed in 
  the House in numerous instances, the Speaker generally being 
  sustained. See, e.g., 5 Hinds Sec. Sec. 5157, 5173, 5178, 5194, 5196, 
  5198, 5199. Such an appeal is subject to the motion to table. Manual 
  Sec. 629. Also, the House may, by voting on a proper motion, dictate 
  the consequences of that ruling by imposing disciplinary action or by 
  allowing the Member to proceed in order.
      The Speaker, in ruling on the words objected to, weighs the 
  importance of freedom in debate against the need to maintain the order 
  and dignity of the House. 5 Hinds Sec. 5163. The Speaker considers the 
  meaning of the words as well as the context in which they were used. 
  Deschler-Brown Ch 29 Sec. 50.6. Pending the ruling, the Speaker may 
  recognize the Member who made the statement to ask unanimous consent 
  to withdraw or modify the words. Deschler-Brown Ch 29 Sec. Sec. 51.1, 
  51.2. The Speaker also may put questions to the offending Member about 
  the words and may consult dictionaries to determine the meaning of 
  certain words or terms. Deschler-Brown Ch 29 Sec. Sec. 50.3, 50.4.


  Sec. 32 . -- Discipline; Post-Ruling Motions

                                 Generally

      Censure or other disciplinary action is a matter for the House and 
  not the Chair to decide. Manual Sec. 961. However, no House action is 
  in order until the Chair has ruled on the words objected to. Deschler-
  Brown Ch 29 Sec. 51.21. If the words used are ruled to be 
  unparliamentary, and if such words have not been withdrawn, the House 
  may entertain certain motions enabling it to dispose of the breach of 
  order.

                      Striking Words From the Record

      Under modern practice, words ruled out of order are normally 
  stricken from the Congressional Record by unanimous consent initiated 
  by the Chair.

[[Page 412]]

   Manual Sec. 961. If there is an objection, a motion to strike or 
  expunge the words from the Record is in order. 8 Cannon 
  Sec. Sec. 2538, 2539; Manual Sec. 960. A motion to expunge is in order 
  even though the House by vote has authorized the Member to proceed. 
  Deschler-Brown Ch 29 Sec. 51.23. The motion, which is debatable within 
  narrow limits under the hour rule, is not in order until the Chair has 
  decided that the words are out of order. Manual Sec. 961; Deschler-
  Brown Ch 29 Sec. 51.21. The motion is not in order in the Committee of 
  the Whole. Manual Sec. 961.

                            Proceeding In Order

      After a Member's words have been ruled out of order, the Member 
  may be permitted to proceed in order on that same day either by 
  unanimous consent or by motion. Manual Sec. 961. It is the practice to 
  test the opinion of the House by a motion ``that the gentle___ be 
  allowed to proceed in order.'' 5 Hinds Sec. Sec. 5188, 5189; 8 Cannon 
  Sec. 2534. This motion may be stated on the initiative of the Chair. 
  It is debatable within narrow limits of relevance under the hour rule, 
  and is subject to the motion to lay on the table. Manual Sec. 961. The 
  motion is privileged for consideration in the House. Deschler-Brown Ch 
  29 Sec. 51.22. A motion to strike the objectionable words also 
  generally precedes a proposition to permit a Member to proceed in 
  order. See, e.g., Deschler-Brown Ch 29 Sec. 52.7.
      If a Member is not granted permission to proceed on that same day, 
  the Member cannot speak even on yielded time and may not insert 
  unspoken remarks in the Congressional Record. Manual Sec. 961; 5 Hinds 
  Sec. Sec. 5147, 5196-5199. However, the Member may exercise the right 
  to vote or to demand the yeas and nays. 8 Cannon Sec. 2546. Whether 
  the Member is to be allowed to proceed in order or is to be subjected 
  to censure or other disciplinary measure is for the House to 
  determine. Manual Sec. 960.


        E. Critical References to the House, Committees, or Members


  Sec. 33 . In General; Criticism of the House

                                 Generally

      In early Congresses it was held not in order to ``cast 
  reflections'' on the House or its membership, present or past. 5 Hinds 
  Sec. Sec. 5132-5138. Today, in the interests of free and full debate 
  in conducting legislative deliberations, Members are permitted to 
  voice critical opinions of Congress, of the House, and of the 
  political parties. Deschler-Brown Ch 29 Sec. 53. Statements that are 
  critical of Congress or a portion of its membership will not be ruled 
  out

[[Page 413]]

  of order for that reason alone. Thus, a statement in debate claiming 
  that the campaign expenses of Members were paid by certain interest 
  groups has been held to be in order. Deschler-Brown Ch 29 Sec. 53.1.
      However, such criticism is subject to the rules and settled 
  practices of the House that require courtesy and decorum in debate. 
  Jefferson's Manual states that no one is permitted to use ``indecent 
  language'' in referring to the proceedings of the House. Manual 
  Sec. 360. The language used must not be offensive in itself. 5 Hinds 
  Sec. 5135. The words must be stated in such a way as to avoid personal 
  criticism of individual Members. Sec. 37, infra.

                              Ruled In Order

      Following are precedents in which criticism in debate was held 
  parliamentary or in order as not referring to any particular Member:

     A question whether it was a parliamentary inquiry to ask that 
         a bill be printed in ``words of one syllable so that [Members 
         of the opposing party] can understand it.'' Deschler-Brown Ch 
         29 Sec. 53.4.
     A statement that a Member was leading his party in a policy of 
         opportunism. Deschler-Brown Ch 29 Sec. 53.5.
     A statement referring to ``irresponsible actions by members of 
         the President's own party.'' Deschler-Brown Ch 29 Sec. 53.2.
     ``[Y]ou have your definition of consistency. My definition is 
         that consistency is a virtue of small minds.'' Deschler-Brown 
         Ch 29 Sec. 62.2.
     A reference to Members as having praised a foreign dictator in 
         prior debate. Deschler-Brown Ch 29 Sec. 60.10.
     Words characterizing unnamed Members as taking ``potshots'' 
         and as lacking judgment. Deschler-Brown Ch 29 Sec. 51.16.
     A reference to the consideration of a bill under procedures 
         representing ``a classic example of duplicity.'' 100-2, Apr. 
         19, 1988, pp 7330, 7335-39.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     ``Talk not to me of vindicating your insulted dignity. . . . 
         You have no dignity to vindicate.'' 5 Hinds Sec. 5132.
     ``[T]he proceedings of the House had been such as not only to 
         degrade it as a body, but also to degrade the country.'' 5 
         Hinds Sec. 5133.
     A statement declaring the opinions and decisions of the House 
         ``damnable heresies.'' 5 Hinds Sec. 5135.
     A reference to ``[T]he right of the minority to stay 
         indefinitely the right of the majority to legislate is as 
         disgraceful, as dishonorable. . . .'' 5 Hinds Sec. 5136.
     ``Drunken Members have reeled about the aisles--a disgrace to 
         the Republic. Drunken speakers have debated grave issues on the 
         floor. . . .'' 5 Hinds Sec. 5186.

[[Page 414]]

     A statement alleging that the Republican Conference believed 
         that lynching was a ``proper means of justice.'' Deschler-Brown 
         Ch 29 Sec. 53.3.
     A statement alleging that a Member lacks ``decency.'' 110-1, 
         Mar. 21, 2007, p 7074.

      To show the distinction between words that are permissible and 
  language that may be ruled out, illustrations in this chapter are 
  drawn from debates from earlier as well as recent Congresses. However, 
  precedents from earlier eras must be evaluated in their historical and 
  cultural context; whether a word or expression is to be ruled out of 
  order depends on its current meaning and usage. See Sec. 38, infra.


  Sec. 34 . Criticism of Committees

      A Member in debate may express general criticism of the actions of 
  a committee, as by alleging an abuse of its powers. Deschler-Brown Ch 
  29 Sec. 54.1. Criticisms of committee procedure are also permitted. 
  Deschler-Brown Ch 29 Sec. 54.6. However, a Member may not in debate 
  impugn the personal motives of a committee or its members or make 
  unparliamentary claims of unlawful activity. Deschler-Brown Ch 29 
  Sec. Sec. 54.2, 54.3. Debate may not include critical 
  characterizations of members of the Committee on Ethics who have 
  investigated a Member's conduct. Manual Sec. 361.

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A reference to the action of a committee as ``more or less 
         pusillanimous.'' Deschler-Brown Ch 29 Sec. 54.7.
     An editorial read by a Member charging a committee with 
         ``pigeon-holing'' certain legislation. Deschler-Brown Ch 29 
         Sec. 54.6.
     ``Did the gentleman's committee also find paid agents of 
         Hitler on the congressional payroll?'' Deschler-Brown Ch 29 
         Sec. 54.12.
     A reference to a committee investigation of ``the recent wave 
         of policy lynch murder in Mississippi.'' Deschler-Brown Ch 29 
         Sec. 54.9.
     A statement that a Member ``has been the victim of the 
         abusive, vicious, and irresponsible use of the power of a 
         congressional committee.'' Deschler-Brown Ch 29 Sec. 54.1.

[[Page 415]]

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A statement that certain fascist organizations exercised 
         extensive influence on a special House committee. Deschler-
         Brown Ch 29 Sec. 54.3.
     Language referring to ``lies and half-truths'' of a House 
         committee report. Deschler-Brown Ch 29 Sec. 54.4.
     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 54.11.


  Sec. 35 . Criticism of Speaker

      The prescription of clause 1 of rule XVII that Members confine 
  themselves to the question under debate, ``avoiding personality,'' has 
  been applied to critical references to the Speaker's personal conduct. 
  Manual Sec. 362. It is not in order in debate to refer invidiously to 
  the Speaker. 8 Cannon Sec. 2531. It also is not in order to speak 
  disrespectfully of the Speaker. 2 Hinds Sec. 1248. For example, it has 
  been held out of order to assert that the Speaker was ``kowtowing'' to 
  persons who would desecrate the U.S. flag or to refer to the Speaker 
  as a ``crybaby.'' Manual Sec. 362. It is not in order in debate to 
  refer in a personally critical manner to the Speaker's political 
  tactics or to arraign the Speaker's personal conduct. Deschler-Brown 
  Ch 29 Sec. 57. Any complaint as to the conduct of the Speaker should 
  be presented directly for the action of the House and not by way of 
  debate on other matters, such as the approval of the Journal. Manual 
  Sec. 362; 5 Hinds Sec. 5188. Personal criticisms of the Speaker can be 
  challenged even after debate has intervened. 2 Hinds Sec. 1248; 
  Deschler-Brown Ch 29 Sec. 57.7.
      It is not in order in debate for a Member to charge that the 
  Speaker, while presiding, committed a dishonest act or that the 
  Speaker repudiated and ignored the rules of the House. Deschler-Brown 
  Ch 29 Sec. 57.2. In one instance, however, an assertion of a personal 
  belief that a sufficient number had been standing to demand a recorded 
  vote was held parliamentary as not necessarily charging the Chair with 
  disregard of the rules, in the context of those words alone. Deschler-
  Brown Ch 29 Sec. 57.4. It is not in order to refer to official conduct 
  of the Speaker that is either under investigation or has been resolved 
  by the Committee on Ethics or by the House. Manual Sec. 362.
      If words impugning the Speaker are uttered, the Speaker may choose 
  not to rule on the words personally but to appoint a Member to occupy 
  the Chair and deliver a decision. Deschler-Brown Ch 29 Sec. 57.1.

[[Page 416]]

  Sec. 36 . Criticism of Legislative Actions or Proposals

                                 Generally

      Although remarks in debate may not include personal attacks 
  against a Member or an identifiable group of Members, they may address 
  political motivations for legislative positions. Manual Sec. 363. 
  Statements in debate, although critical of House action or of the 
  legislation at issue, may be ruled in order if they do not improperly 
  reflect on the House or a particular Member. Deschler-Brown Ch 29 
  Sec. 58.4. Harsh words may be used to criticize a bill unless they 
  fail to ``avoid personality'' as mandated by rule XVII. Deschler-Brown 
  Ch 29 Sec. 58.1. For example, although it may be appropriate in debate 
  to characterize the effect of an amendment as deceptive or 
  hypocritical, to characterize the motivation of a Member in offering 
  an amendment with those terms is not in order. Deschler-Brown Ch 29 
  Sec. 58.12. A statement in debate that ``it is only demagoguery or 
  racism which impel such an amendment'' was held by the Speaker to be 
  unparliamentary as impugning the motives of the Member offering the 
  amendment. Deschler-Brown Ch 29 Sec. 58.6.

                              Ruled In Order

      Criticisms of legislative actions or proposals or political 
  motivations that have been held in order in debate include:

     A statement that ``sinister influences'' were working in the 
         interest of certain unnamed Members opposing a bill. Deschler-
         Brown Ch 29 Sec. 58.9.
     A statement accusing unnamed colleagues who opposed a measure 
         of talking ``loosely and recklessly with the truth.'' Deschler-
         Brown Ch 29 Sec. 58.8.
     A statement accusing unnamed Members of attempting to ``cut 
         off debate'' on important legislation in order to attend an 
         engagement at a hotel. 78-2, Feb. 3, 1944, p 1216.
     A statement that all lawyers know ``that the adoption of this 
         language neither adds to nor takes from a single item of the 
         substance of this bill.'' Deschler-Brown Ch 29 Sec. 58.3.
     A reference accusing unnamed opponents of a proposal of 
         ``blind,'' ``slavish,'' and ``shameful'' opposition. Deschler-
         Brown Ch 29 Sec. 58.7.
     In reference to an amendment: ``. . . where I come from . . . 
         the people . . . do not like slippery, snide, and sharp 
         practices.'' Deschler-Brown Ch 29 Sec. 58.5.
     A statement referring to a tactic of ``withholding'' votes 
         until it could be determined whether they would be necessary on 
         the pending question. Deschler-Brown Ch 29 Sec. 58.10.
     A statement that a Member ``has already admitted his amendment 
         does not make sense, and he will take any alternative that is 
         offered.'' Deschler-Brown Ch 29 Sec. 58.4.

[[Page 417]]

  Sec. 37 . Critical References to Members

      Jefferson stressed the importance of preserving ``order, decency 
  and regularity . . . in a dignified public body.'' Manual Sec. 285. 
  The House rules provide that Members must confine themselves to the 
  question under debate, ``avoiding personality.'' Rule XVII. The Chair 
  may interrupt a Member engaging in ``personalities'' with respect to a 
  fellow Member as is the case with respect to improper references to 
  Senators or the President. However, under modern practice the Chair 
  normally awaits a point of order from the floor with respect to 
  references to other Members. Manual Sec. 961. The Chair may announce 
  an intention to take the initiative in calling Members to order during 
  debate on disciplinary resolutions. Manual Sec. 361.
      The Speaker will hold language unparliamentary where it improperly 
  reflects on another Member under rule XVII. Manual Sec. 361. A Member 
  may not in debate impugn the personal motives of another Member 
  (Sec. 39, infra), charge another Member with falsehood or deception 
  (Sec. 40, infra), or denigrate a Member's intelligence (Sec. 41, 
  infra). It also is not in order in debate to refer in a personally 
  critical manner to the political tactics of a Member. Manual Sec. 361. 
  The truth of allegations involving unethical behavior of a Member is 
  not a defense to a point of order that the remarks are unparliamentary 
  as engaging in personalities explicitly or by innuendo. 104-1, Jan. 
  18, 1995, p 1444. On the other hand, it is recognized that free and 
  full debate is necessary in conducting legislative business, and a 
  Member is allowed considerable latitude in criticizing the position, 
  arguments, or contentions of another Member. Deschler-Brown Ch 29 
  Sec. 59.2; Sec. 36, supra.
      It is not in order during debate to refer to a particular Member 
  of the House in a derogatory fashion, even though that Member is not 
  named, and the Chair may intervene to prevent improper reference where 
  it is evident that a particular Member is being described. Manual 
  Sec. 361. In one instance, after a Member had expressed an absence of 
  ``good faith on the other side,'' he was granted unanimous consent to 
  withdraw any reference to any individual Member. 100-1, June 18, 1987, 
  pp 16761-63.
      Members should refrain from references in debate to the official 
  conduct of other Members where such conduct is not under consideration 
  in the House by way of a report of the Committee on Ethics or as a 
  question of the privileges of the House. Manual Sec. 361.
      The rule requiring Members to avoid ``personality'' during debate 
  prohibits reference to outside accounts whose criticism of a sitting 
  Member would be unparliamentary if uttered on the floor as the 
  Member's own words. Manual Sec. 361.

[[Page 418]]

      It is not unparliamentary to describe in debate the effect that a 
  Member's remarks may have, especially where that description includes 
  a disclaimer disavowing any intention to impugn a Member's motives. 
  Deschler-Brown Ch 29 Sec. 59.8.

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A statement that if a certain Member were to sponsor a measure 
         it would receive only one or two votes. Deschler-Brown Ch 29 
         Sec. 58.2.
     A reference to another Member's remarks as ``yapping.'' 
         Deschler-Brown Ch 29 Sec. 61.13.
     A statement accusing a Member of trying ``to becloud'' an 
         issue. Deschler-Brown Ch 29 Sec. 59.1.
     A reference in debate to another Member as not representing a 
         certain class of people in his State. Deschler-Brown Ch 29 
         Sec. 60.7.
     A reference to another Member's statement as ``intemperate.'' 
         Deschler-Brown Ch 29 Sec. 59.5.
     A description of a Member's statement that ``this is an 
         example of the spurious reasoning that [an interest group] has 
         with regard to their opposition to this bill.'' Deschler-Brown 
         Ch 29 Sec. 43.2.
     A Member's statement that another Member's demand that words 
         be taken down during a special-order speech was ``an unfair 
         stealing of time.'' Deschler-Brown Ch 29 Sec. 59.10.
     A Member's assertion that ``even though that may not be the 
         intention, I think [certain statements] have the tendency to 
         try to assassinate the character of the person making the 
         statement rather than to effectively assassinate the 
         argument.'' Deschler-Brown Ch 29 Sec. 59.8.
     A Member's general reference that ``big donors'' receive 
         ``access to leadership power and decisions'' because it does 
         not identify a specific Member as receiving a contribution 
         specifically in exchange for votes or other legislative action. 
         Manual Sec. 361.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A reference to the remarks of another Member as ``malignant 
         shafts'' or as a ``base insinuation.'' 5 Hinds Sec. 5162.
     A reference to another Member as a ``snooper.'' Deschler-Brown 
         Ch 29 Sec. 61.11.
     ``The gentleman took the floor in his self-appointed role as 
         spokesman for the committee [and] referred to me in my absence 
         in a disgraceful and unparliamentary manner.'' Deschler-Brown 
         Ch 29 Sec. 59.3.
     Referring to another Member as a demagogue or as a ``president 
         of the Demagogue Club.'' Deschler-Brown Ch 29 Sec. Sec. 60.3, 
         60.4.

[[Page 419]]

     ``[D]on't you start comparing anybody's record, because I have 
         got yours . . . with . . . the FBI.'' Deschler-Brown Ch 29 
         Sec. 60.24.
     A reference to another Member as a ``pinko.'' Deschler-Brown 
         Ch 29 Sec. 61.9.
     A reference to an identifiable group of sitting Members as the 
         perpetrators of a crime, such as ``stealing an election.'' 
         Deschler-Brown Ch 29 Sec. 60.22.
     A reference suggesting that another Member ``did not have the 
         nerve'' to make a statement on the floor. 104-2, July 25, 1996, 
         p 19170.
     A statement alleging that a Member lacks ``decency.'' 110-1, 
         Mar. 21, 2007, p 7074.


  Sec. 38 . -- Use of Colloquialisms; Sarcasm

      The Members are allowed considerable latitude in the use of 
  colloquialisms, euphemisms, figures of speech, and even sarcastic 
  comments in debate. A statement in debate that ``you are going to skin 
  us'' was held merely a colloquialism that did not reflect on any 
  Member and was held in order. Deschler-Brown Ch 29 Sec. 61.10. In 
  another instance, a Member used the word ``crime'' in referring to 
  another Member, but the Chair ruled the term in order, finding that in 
  the context of the debate, the term was being used as a synonym for, 
  or figure of, speech meaning ``wrong.'' Deschler-Brown Ch 29 
  Sec. 59.2.
      The use in debate of colloquial expressions, figures of speech, or 
  sarcasm is governed by their current meaning and by the context in 
  which they are uttered. 5 Hinds Sec. Sec. 5165, 5167. Unparliamentary 
  references in debate, even when phrased as satiric compliments, are 
  not in order. 112-1, July 22, 2011, p __. The tone and mannerisms of a 
  Member may be taken into account by the Chair in determining whether 
  the criticism voiced is personally offensive to another Member. 
  Deschler-Brown Ch 29 Sec. 60.21.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A reference to another Member ``whose name is synonomous [sic] 
         with falsehood . . . who is the apologist of thieves; who is 
         such a prodigy of vice and meannesses that to describe him 
         would sicken imagination and exhaust invective.'' 2 Hinds 
         Sec. 1251.
     ``[N]obody but a gambler or cutthroat would have thought of 
         tacking such a thing as that to such a bill as this.'' 2 Hinds 
         Sec. 1258.
     ``The devotion of the gentleman . . . to the truth is so 
         notorious that I shall not reply.'' 8 Cannon Sec. 2545.
     A reference to another Member as a ``stool pigeon.'' Deschler-
         Brown Ch 29 Sec. 61.12.

[[Page 420]]

     References to a Member as having a ``hand like a ham,'' 
         grasping a microphone until it ``groaned from mad torture,'' 
         and striding the House floor ``like a wild man.'' Deschler-
         Brown Ch 29 Sec. 61.1.
     A reference to another Member's proceeding in a ``cheap, 
         sneaky, sly way.'' Deschler-Brown Ch 29 Sec. 61.2.


  Sec. 39 . -- Impugning Motives

      In the early practice of the House, the Speaker intervened in 
  debate to prevent even the mildest imputation on the motives of a 
  Member. 5 Hinds Sec. 5161. It is still the rule that Members may not 
  in debate impugn the personal motives of other named Members in the 
  performance of their legislative duties. Manual Sec. 363. An opinion 
  on the general motives of the House or a political party in adopting 
  or rejecting a proposition may be expressed. Sec. 36, supra. 
  References to political motivation for legislative actions may be in 
  order. Manual Sec. 363. However, an assertion that a Member's use of 
  the legislative process is motivated by personal gain (5 Hinds 
  Sec. 5149) or by ``the prospect of a junketing trip'' (8 Cannon 
  Sec. 2546) is not in order. Merely to question the sincerity of a 
  Member has been held to impugn the motives of such Member. 5 Hinds 
  Sec. 5148.
      Members should refrain from references in debate to the 
  motivations of Members who file complaints before the Committee on 
  Ethics. Manual Sec. 361.

                            Ruled Out of Order

     Charging another Member, in his capacity as custodian of 
         certain public money, with ``[m]aking a parade of his charity, 
         he has been gorging himself and speculating with this money.'' 
         5 Hinds Sec. 5152.
     Characterizing the motivation of a Member in offering an 
         amendment as deceptive and hypocritical. Manual Sec. 363.
     An observation that a Member stood in the well before an empty 
         House and challenged the Americanism of other Members, ``and it 
         is the lowest thing that I have ever seen in my 32 years in 
         Congress.'' Deschler-Brown Ch 29 Sec. 59.9.
     An observation that a Member was ``one of the most impolite I 
         have ever seen.'' Manual Sec. 361.
     Characterizing another Member as ``speaking out of both sides 
         of his mouth.'' Deschler-Brown Ch 29 Sec. 51.36.
     A reference to an identifiable group of sitting Members as the 
         perpetrators of a crime, such as ``stealing an election.'' 
         Deschler-Brown Ch 29 Sec. 60.22.

[[Page 421]]

  Sec. 40 . -- Charging Falsehood or Deception

      During debate on the floor, an assertion by one Member may be 
  declared untrue by another. However, in so doing, an accusation of 
  intentional misrepresentation must not be implied. Manual Sec. 363; 5 
  Hinds Sec. Sec. 5157, 5159, 5189; 8 Cannon Sec. 2542. Any term or 
  language implying a deliberate misstatement of the truth, for whatever 
  motive, is unparliamentary, including allegations of lying, slander, 
  or hypocrisy. A Member's expression of disbelief may be construed as 
  meaning that the Member referred to was merely mistaken. Deschler-
  Brown Ch 29 Sec. 63.3. In one instance, a Member's statement in 
  referring to another Member that ``That is not true, and he knows 
  it,'' was held in order, the Speaker observing that the words were not 
  uttered in an offensive tone. 5 Hinds Sec. 5158.
      A Member may refer to falsehoods in the media without violating 
  the rules of the House, even if such remarks are made during debate 
  with another Member. Deschler-Brown Ch 29 Sec. 63.2.

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A Member's statement that he did ``not believe a word that 
         [another Member] said.'' Deschler-Brown Ch 29 Sec. 63.3.
     A statement referring to another Member ``when he comes here 
         to defend some slime-monger who goes on the radio and lies 
         about me. . . .'' Deschler-Brown Ch 29 Sec. 63.2.
     ``Let us be sincere and honest about this thing.'' 78-2, Jan. 
         21, 1944, p 560.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A Member's declaration that the words of another Member were 
         ``a base lie.'' 2 Hinds Sec. 1249.
     The use of the words ``grossly false,'' as applied to 
         statements made by another Member in a pamphlet published by 
         him during a recess of Congress. 5 Hinds Sec. 5157.
    ``I cannot believe that the gentleman . . . is sincere in what 
         he has just said.'' Deschler-Brown Ch 29 Sec. 63.7.
     A statement that the remarks of a Member were ``false and 
         slanderous.'' Deschler-Brown Ch 29 Sec. 63.4.
     A statement in referring to another Member that ``pretexts are 
         never wanting when hypocrisy wishes to add malice to falsehood 
         or cowardice. . . .'' Deschler-Brown Ch 29 Sec. 63.6.

[[Page 422]]

     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
     Language read in the House that repudiated ``lies and half-
         truths'' in a House committee report. Deschler-Brown Ch 29 
         Sec. 63.5.
     Use of the word ``canard''--meaning falsehood--in referring to 
         the statement of another Member. Deschler-Brown Ch 29 
         Sec. 63.1.
     Words accusing another Member of hypocrisy. Manual Sec. 363.


  Sec. 41 . -- Lack of Intelligence or Knowledge

      A Member in debate may be critical of the understanding or 
  knowledge of other Members or groups of Members in relation to pending 
  bills or amendments. However, such remarks should not denigrate the 
  intelligence of another Member because this would be personally 
  critical and offensive. Deschler-Brown Ch 29 Sec. 64.


  Sec. 42 . -- References to Race, Creed, or Racial Prejudice

      Gratuitous references in debate to the race or religion of another 
  Member are not in order. A reference to ``the Jewish gentleman from 
  New York,'' for example, has been ruled out by the Speaker. Deschler-
  Brown Ch 29 Sec. 65.4.
      It is not in order in debate to accuse a Member of bigotry or 
  racism. Remarks characterizing the motives behind certain legislation 
  as ``demagogic and racist'' have been ruled out of order, as has a 
  reference to another Member as having reached ``bigoted'' conclusions. 
  Deschler-Brown Ch 29 Sec. Sec. 65.5, 65.6.


  Sec. 43 . -- Charges Relating to Loyalty or Patriotism

      Unless the subject is relevant to disciplinary proceedings then 
  pending as the question before the House against a Member, remarks in 
  debate impugning the patriotism or loyalty of a Member are not in 
  order. Deschler-Brown Ch 29 Sec. 66. Words impeaching the loyalty of a 
  portion of the membership also have been ruled out. 5 Hinds Sec. 5139. 
  However, if such language is directed at the House or at its 
  membership in general, the remarks may not be improper. See Sec. 33, 
  supra.

[[Page 423]]

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A statement referring to all opponents of the Committee on Un-
         American Activities as communist enemies. Deschler-Brown Ch 29 
         Sec. 66.2.
     A statement that another Member had been published in a 
         newspaper ``dedicated to the destruction of this Government.'' 
         Deschler-Brown Ch 29 Sec. 66.10.
     A statement referring to (unnamed) Members who give ``aid and 
         comfort'' to enemies and traitors. Deschler-Brown Ch 29 
         Sec. 66.3.
     A statement referring to ``people'' who would rip down the 
         American flag and replace it with the Soviet flag. Deschler-
         Brown Ch 29 Sec. 66.5.
     A statement characterizing the Committee of the Whole as an 
         agency of the Soviet Union. Deschler-Brown Ch 29 Sec. 66.11.
     A statement accusing another Member of past opposition to 
         ``every bill necessary for the defense of our country.'' 
         Deschler-Brown Ch 29 Sec. 62.5.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A statement that insertions in the Congressional Record by 
         another Member were taken from ``Nazi elements.'' Deschler-
         Brown Ch 29 Sec. 66.6.
     A statement by a Member that internal fascist organizations 
         exercised extensive influence over a special House committee. 
         Deschler-Brown Ch 29 Sec. 66.7.
     A statement, in response to critical comments by another 
         Member, that ``I am not going to sit here and listen to these 
         communistic attacks made on me.'' Deschler-Brown Ch 29 
         Sec. 66.1.
     ``There is nothing more subversive than the kind of red 
         baiting tactics [of] the gentleman from _____.'' Deschler-Brown 
         Ch 29 Sec. 66.8.
     A statement referring to another Member as attempting to 
         undermine the government. Deschler-Brown Ch 29 Sec. 66.9.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 66.12.
     A reference to certain Members as ``apostles of doom'' whose 
         utterances would give ``great aid and comfort'' to the Soviet 
         Union. Deschler-Brown Ch 29 Sec. 66.4.
     A reference to another Member as ``kowtowing'' to persons who 
         would desecrate the flag. Manual Sec. 362.

[[Page 424]]

                      F. Duration of Debate in House


  Sec. 44 . In General

                      Limitations on Time for Debate

      Before 1841, there was no limit on the time that a Member might 
  occupy once in possession of the floor. 5 Hinds Sec. 5221. Under the 
  modern practice, the duration of debate in the House is invariably 
  limited. Such limitations are imposed pursuant to the standing rules 
  of the House, special orders of business from the Committee on Rules, 
  and unanimous-consent agreements adopted by the House. Certain types 
  of legislative propositions, such as concurrent resolutions on the 
  budget, are subject to statutory time limitations. Sec. 48, infra.
      On major bills, a special order of business typically specifies 
  the length of time for general debate--usually a number of hours--and 
  identifies the Members who are to control that time. Sec. 48, infra. 
  Such time limits also may be imposed pursuant to a unanimous-consent 
  agreement. Deschler-Brown Ch 29 Sec. 67. If a bill or resolution comes 
  to the House floor without such a time limit, clause 2 of rule XVII 
  applies to limit the time for debate to one hour. Manual Sec. 957. A 
  Member calling up a measure in the House pursuant to a unanimous-
  consent request or special order of business that does not specify 
  time for debate controls one hour of debate thereon. Deschler-Brown Ch 
  29 Sec. 68.
      Other limitations on the duration of debate are found in those 
  standing rules of the House that authorize specific motions, such as 
  the motion to suspend the rules for which debate is limited to 40 
  minutes under clause 1(c) of rule XV. Manual Sec. 891. For a 
  discussion of 40-minute debate, see Sec. 46, infra.

             Discretion of Chair as Affecting Time for Debate

      On certain incidental questions of order, the duration of debate 
  is within the discretion of the Chair. This practice is followed with 
  respect to:

     Debate on points of order. 5 Hinds Sec. Sec. 6919, 6920; 8 
         Cannon Sec. Sec. 3446-3448; Deschler-Brown Ch 29 Sec. 67.3.
     Debate under the five-minute rule on an appeal in the 
         Committee of the Whole. 8 Cannon Sec. 2347.

                                Timekeeping

      The Chair monitors the time of Members who take the floor in 
  debate. The Chair announces when their time has expired under the 
  rules, and that announcement is not subject to challenge. See, e.g., 
  Deschler-Brown Ch 29

[[Page 425]]

  Sec. 67.1. For a discussion of extensions of time, see Sec. 48, infra. 
  Traditionally, the time of the Speaker, the Majority Leader, and the 
  Minority Leader is not monitored if they have been yielded a nominal 
  amount of time (typically one minute) to allow such individuals the 
  courtesy of extended and unfettered debate. Manual Sec. 953.


  Sec. 45 . The Hour Rule

      Clause 2 of rule XVII limits to one hour the amount of time that a 
  Member may occupy in debate on a pending question, and no Member may 
  address the House for more than one hour, even by unanimous consent. 
  Manual Sec. 957; Deschler-Brown Ch 29 Sec. Sec. 68, 68.3; Sec. 48, 
  infra.
      The practice under the hour rule often serves to limit the total 
  time for debate on the measure itself to one hour. This is because, at 
  the conclusion of the controlling Member's hour, ordering the previous 
  question cuts off further debate. Manual Sec. 994. If the Member 
  controlling the hour successfully moves the previous question, all 
  debate is terminated and the measure is voted on by the House.
      If the House rejects the previous question, the measure is then 
  open to further debate. Recognition passes to an opponent of the 
  measure, who may offer an amendment and be recognized for one hour. 
  See Previous Question. A Member recognized under the hour rule may 
  yield the floor upon expiration of that hour without moving the 
  previous question, thereby permitting another Member to be recognized 
  for a successive hour. Manual Sec. 957.
      The hour rule is one of general applicability; it is often 
  overtaken by an order of the House or a special order of business from 
  the Committee on Rules, and it is not applicable where another rule of 
  the House specifies otherwise. The hour rule applies to the following:

     A resolution presenting a question of the privileges of the 
         House, subject to the division of time specified in rule IX. 
         Manual Sec. 698.
     A resolution reported as a question of the privileges of the 
         House, such as a resolution presenting impeachment charges. 
         Manual Sec. 699.
     A question of personal privilege. Manual Sec. 713.
     A privileged resolution reported from committee, such as a 
         rule, joint rule, or order of business reported from the 
         Committee on Rules or a committee funding resolution reported 
         from the Committee on House Administration. Deschler-Brown Ch 
         29 Sec. Sec. 68.32, 68.37.
     A resolution of inquiry. Deschler-Brown Ch 29 Sec. 68.33.
     A District of Columbia bill on the House Calendar called up on 
         District Day under clause 4 of rule XV. Deschler-Brown Ch 29 
         Sec. 68.5.
     A private bill called up in the House by unanimous consent. 
         Deschler-Brown Ch 29 Sec. 68.9.

[[Page 426]]

     A measure not requiring consideration in the Committee of the 
         Whole before the House pursuant to a motion to discharge. 
         Deschler-Brown Ch 29 Sec. 68.34.
     A motion to refer, or the direct consideration of, a vetoed 
         bill. Deschler-Brown Ch 29 Sec. Sec. 68.55, 68.56.
     A motion to reconsider (if debatable). Manual Sec. 1010.
     A motion to discharge a committee from further consideration 
         of a resolution disapproving a reorganization plan. Deschler-
         Brown Ch 29 Sec. 68.64.
     A motion to expunge from the Congressional Record certain 
         remarks used in debate and ruled out of order. Deschler-Brown 
         Ch 29 Sec. 68.61.
     A motion to send a bill to conference under clause 1 of rule 
         XXII. Deschler-Brown Ch 29 Sec. 68.26.
     A motion to instruct House managers at a conference, subject 
         to the division of time specified in clause 7(b) of rule XXII. 
         Manual Sec. 1078.
     A conference report or a motion to dispose of a Senate 
         amendment reported in disagreement by a conference committee, 
         subject to the division of time specified in clause 8(d) of 
         rule XXII. Manual Sec. 1086.
     A preferential motion to insist on disagreement to a Senate 
         amendment reported in disagreement by a conference committee, 
         subject to the division of time specified in clause 8(b)(3) of 
         rule XXII. Deschler-Brown Ch 29 Sec. 68.12.
     A Senate amendment considered in the House. Deschler-Brown Ch 
         29 Sec. 68.12.

      The hour rule applies even before the adoption of the rules at the 
  inception of a Congress. Manual Sec. 60. Thus, a Member offering a 
  resolution on the seating of a Member-elect is entitled to one hour of 
  debate. Deschler-Brown Ch 29 Sec. 68.1


  Sec. 46 . Ten-minute, 20-minute, and 40-minute Debate

      The House rules specify fixed periods of time for debate, equally 
  divided between the proponents and opponents, on certain motions and 
  questions.

                             Ten-minute Debate

      The House rules permit the proponent and an opponent each five 
  minutes of time for debate on an amendment offered after closing of 
  general debate in the Committee of the Whole, subject to additional 
  pro forma or second-degree amendments. Similarly, 10 minutes for 
  debate is permitted on an amendment offered after the closing of five-
  minute debate by the Committee under clause 8 of rule XVIII if printed 
  as required in the Congressional Record and if not dilatory. Manual 
  Sec. Sec. 978, 981, 987.

[[Page 427]]

      In addition, the House rules permit five minutes in support and 
  five minutes in opposition to the following motions:

     A motion to recommit with instructions a bill or joint 
         resolution under clause 2 of rule XIX, with the time subject to 
         extension under some circumstances. Manual Sec. 1001.
     A motion to dispense with the call of the Private Calendar 
         under clause 5(c) of rule XV. Manual Sec. 895.

                           Twenty-minute Debate

      The House rules permit 20 minutes of time for debate on motions to 
  discharge a committee, the time to be equally divided under clause 2 
  of rule XV. Manual Sec. 892. The right to close such debate is 
  reserved to the proponents of the motion. 7 Cannon Sec. 1010a. The 
  chair of the committee being discharged, if opposed to the motion, is 
  recognized to control the 10 minutes in opposition. Deschler-Brown Ch 
  29 Sec. 69.3. If the motion to discharge is successful, and the 
  measure is properly before the House rather than the Committee of the 
  Whole, the Member moving its consideration is recognized in the House 
  under the hour rule. Manual Sec. 892.
      Twenty minutes of debate also is permitted where a point of order 
  is raised against an unfunded Federal intergovernmental mandate under 
  section 425 of the Congressional Budget Act. Manual Sec. 1127. Points 
  of order under the Act are disposed of by putting the question of 
  consideration, debatable for 20 minutes--10 by the Member making the 
  point of order, 10 by a Member in opposition. Sec. 426(b)(4) of the 
  Congressional Budget Act. Similarly, clause 9 of rule XXI establishes 
  a point of order against consideration of certain measures for failure 
  to disclose (or disclaim the presence of) certain earmarks, tax 
  benefits, and tariff benefits, and permits a vote on the question of 
  consideration of a rule waiving such a point of order. Such question 
  of consideration is debatable for 20 minutes--10 by the Member making 
  the point of order, 10 by a Member in opposition. See Budget Process.

                            Forty-minute Debate

      The House rules permit 40 minutes of time for debate, to be 
  divided between proponents and opponents, on the following:

     A motion to suspend the rules under clause 1 of rule XV. 
         Manual Sec. 891.
     A debatable proposition on which there has been no debate 
         before the ordering of the previous question under clause 1 of 
         rule XIX. Manual Sec. 994; 5 Hinds Sec. 6821.
     A motion to reject certain portions of a conference report or 
         Senate amendment objected to as nongermane under clause 10 of 
         rule XXII. Manual Sec. 1089.


[[Page 428]]



      Other chapters in this work dealing with specific motions and 
  questions should be consulted. See, e.g., Previous Question; 
  Conferences Between the Houses; and Suspension of Rules.


  Sec. 47 . Debate in the House as in the Committee of the Whole

      Debate on a bill being considered in the House as in the Committee 
  of the Whole is under the five-minute rule, with no general debate. 
  Manual Sec. Sec. 424-427. Five minutes in favor of and five in 
  opposition to an amendment are permitted. Deschler-Brown Ch 29 
  Sec. 70.7. Members also may gain five minutes of debate by offering 
  pro forma amendments and motions to strike the enacting clause. 
  Deschler-Brown Ch 29 Sec. Sec. 70.11, 70.12.
      Normally, five-minute debate on a bill considered in the House as 
  in the Committee of the Whole may be extended by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 70.6. However, the Chair does not recognize 
  for such extensions of time during consideration of a private bill in 
  the House as in the Committee of the Whole. Deschler-Brown Ch 29 
  Sec. 70.10.


  Sec. 48 . Limiting or Extending Time for Debate

                                 Generally

      The House may by unanimous consent or by special order of business 
  limit or extend the time for debate on propositions considered in the 
  House. Deschler-Brown Ch 29 Sec. 71. However, a motion to extend the 
  time for debate in the House is not in order. Deschler-Brown Ch 29 
  Sec. 73.17.

                       By Special Order of Business

      A special order of business from the Committee on Rules may extend 
  the time for debate that may be devoted to a proposition to be 
  considered in the House. Deschler-Brown Ch 29 Sec. 71.1. It may 
  specify, for example, that debate shall not exceed a certain number of 
  hours. Deschler-Brown Ch 29 Sec. 25.17. Similarly, though conference 
  reports are ordinarily considered under the hour rule, a special order 
  of business may provide for more extended debate. Deschler-Brown Ch 29 
  Sec. 71.18.

                           By Unanimous Consent

      Time for debate in the House under the hour rule may be modified 
  by unanimous consent. Deschler-Brown Ch 29 Sec. 71. For example, by 
  unanimous consent, debate has been extended on a resolution presenting 
  articles of impeachment (Deschler-Brown Ch 29 Sec. 71.13) and on a 
  disciplinary resolution (Deschler-Brown Ch 29 Sec. 71.6; 107-2, July 
  24, 2002, p 14310).

[[Page 429]]

      Debate on a privileged resolution in the House is ordinarily under 
  the hour rule, but such debate may be extended beyond one hour by 
  unanimous consent or by rejecting the motion for the previous 
  question. Deschler-Brown Ch 29 Sec. Sec. 68.41, 68.42; Sec. 49, infra. 
  Thus, the House may agree to a unanimous-consent request to extend the 
  time for debate in the House on a special order of business reported 
  from the Committee on Rules. Deschler-Brown Ch 29 Sec. 71.4.
      Unanimous-consent agreements extending time may further provide 
  for a division of time between various Members. However, a Member may 
  not extend a special-order speech (or debate on a question of personal 
  privilege) for more than one hour, even by unanimous consent. Manual 
  Sec. 957; Deschler Ch 11 Sec. 22.1; Deschler-Brown Ch 29 Sec. 71.20.

                   Effect of Statutory Time Limitations

      Time for debate on certain kinds of legislative propositions is 
  limited by statute. Manual Sec. 1130. Examples include:

     Congressional Budget Act of 1974 (limits debate on concurrent 
         resolutions on the budget to 10 hours; specifies up to four 
         hours for debate on economic goals and policies; amendments 
         considered under five-minute rule). Sec. 305(a); 2 USC 
         Sec. 636.
     Impoundment Control Act of 1974 (limits debate on rescission 
         bill or impoundment resolution to not more than two hours). 
         Sec. 1017(c); 2 USC Sec. 688.
     Trade Act of 1974 (limits debate on implementing bills and 
         certain resolutions to 20 hours). 19 USC Sec. 2191.
     Pension Reform Act (limits debate on joint resolutions 
         approving certain schedules to not more than 10 hours). 
         Sec. 4006(b)(6); 29 USC Sec. 1306(b).
     Marine Fisheries Conservation Act (limits debate on fishery 
         agreement resolutions to not more than 10 hours). 
         Sec. 203(d)(4); 16 USC Sec. 1823(d).
     Nuclear Waste Policy Act of 1982 (limits debate on certain 
         resolutions of approval to not more than two hours). 
         Sec. 115(e)(4); 42 USC Sec. 10135(e).

      Such statutory provisions (compiled in Manual Sec. 1130) are 
  enacted as an exercise of the rulemaking power of both Houses, with 
  full recognition of the ability of either House to change them at any 
  time. In one instance, the Committee of the Whole was considering a 
  resolution disapproving a reorganization plan pursuant to the 
  Reorganization Act of 1949, which limited time for debate to 10 hours. 
  The House agreed by unanimous consent to limit debate in the Committee 
  to five hours and subsequently consented to limit further debate to 30 
  minutes. Deschler-Brown Ch 29 Sec. 71.7.

[[Page 430]]

  Sec. 49 . Terminating Debate

      The usual motion for closing debate in the House (as distinguished 
  from the Committee of the Whole) is the motion for the previous 
  question under rule XIX. Manual Sec. 994; 5 Hinds Sec. 5456; 8 Cannon 
  Sec. 2662. This motion also is used to close debate in the House as in 
  the Committee of the Whole. Deschler-Brown Ch 29 Sec. 72.7. The Member 
  controlling debate on a proposition in the House may move the previous 
  question and (if ordered by the House) thereby terminate further 
  debate. Deschler-Brown Ch 29 Sec. 72.2. However, the House may by 
  unanimous consent vacate the ordering of the previous question in 
  order to extend debate. Deschler-Brown Ch 29 Sec. 72.4. If the 
  previous question is ordered on a debatable proposition, and that 
  proposition has not in fact been debated, then, under clause 1 of rule 
  XIX, 40 minutes of debate is permitted. Manual Sec. 994; 5 Hinds 
  Sec. 6821; 8 Cannon Sec. 2689.
      Other methods of terminating or precluding debate in the House 
  include the use of the motion to lay on the table and the raising of 
  the question of consideration. For a discussion of such methods, see 
  Previous Question, Lay on the Table, and Question of Consideration.


  Sec. 50 . One-minute and Special-order Speeches; Morning-hour Debates

                                 Generally

      The ability of Members to address matters not on the daily 
  legislative agenda is facilitated by allowing ``one-minute speeches'' 
  and ``special-order speeches.'' Neither procedure is specifically 
  provided for in the standing rules. Their use is permitted by a long-
  standing custom and is based on the Speaker's discretionary power of 
  recognition under clause 2 of rule XVII. Manual Sec. 950.

                            One-minute Speeches

      The practice of limiting recognition before legislative business 
  to one minute began on August 2, 1937, and was reiterated by Speaker 
  Rayburn on March 6, 1945. 75-1, Aug. 2, 1937, p 8004; Deschler Ch 21 
  Sec. 6.1. One-minute speeches are normally entertained at the 
  beginning of the legislative day, although the Speaker has discretion 
  to recognize Members to proceed for one minute after legislative 
  business has been completed or at some other time or place in the 
  legislative day (for example, to follow a scheduled recess). Deschler-
  Brown Ch 29 Sec. 73.6. Indeed, when the House has a heavy legislative 
  schedule, the Speaker may refuse all requests to recognize Members for 
  one-minute speeches. Deschler-Brown Ch 29 Sec. 73.5. More com

[[Page 431]]

  monly, the Speaker limits one-minute speeches to a certain number for 
  each side of the aisle, entertaining any remaining requests at the end 
  of legislative business before special-order speeches.
      Where a guest chaplain leads the House in prayer at the beginning 
  of the legislative day, it is typical for the Member representing the 
  guest chaplain's district to give the first one-minute speech of the 
  day in order to introduce the guest chaplain to the House. See, e.g., 
  110-2, July 24, 2008, p 16367.
      The evaluation of the time consumed on a one-minute speech is a 
  matter for the Chair and is not subject to challenge on a point of 
  order. Deschler-Brown Ch 29 Sec. 73.3. The Chair has refused to put to 
  the House unanimous-consent requests for extensions of that time. 
  Deschler-Brown Ch 29 Sec. 73.10. Moreover, under the Speaker's power 
  of recognition as traditionally exercised before legislative business, 
  a Member can be recognized for a one-minute speech only once, and a 
  second unanimous-consent request on that day will not be entertained. 
  Manual Sec. 950.
      The order of recognition for one-minute speeches before 
  legislative business is within the discretion of the Chair and is not 
  subject to challenge on a point of order. Deschler-Brown Ch 29 
  Sec. 10.55. However, the Chair endeavors to recognize majority and 
  then minority Members by allocating time in a nonpartisan manner. 
  Deschler-Brown Ch 29 Sec. 10.50. In 1984, the Speaker instituted the 
  policy of requiring alternate recognition of majority and minority 
  Members in the order in which they seek recognition. Manual Sec. 950.

                            Morning-hour Debate

      Morning-hour debate was first initiated in the second session of 
  the 103d Congress. The House by unanimous consent agreed that on 
  Mondays and Tuesdays the House would convene 90 minutes earlier than 
  the time otherwise established by order of the House, solely for the 
  purpose of conducting morning-hour debate, to be followed by a recess 
  declared by the Speaker. In the 104th Congress, the House extended and 
  modified that order to accommodate earlier convening times after May 
  14 of each year. In the 112th Congress, the House expanded that order 
  to include morning-hour debate on Wednesdays and Thursdays as well. 
  Debate is limited and allocated to each party, with initial and 
  subsequent recognition alternating daily between parties pursuant to 
  lists submitted by the leadership. Under the customary order of the 
  House establishing morning-hour debate, a Member may not be recognized 
  for more than five minutes (with certain leadership exceptions). The 
  Chair does not entertain a unanimous-consent request to extend this 
  five-minute period. Manual Sec. 951. When the House convenes solely 
  for

[[Page 432]]

  morning-hour debate, the Chair does not entertain unanimous-consent 
  requests to remove cosponsors from bills. 103-2, Apr. 26, 1994, p 
  8544. The Chair may receive messages during morning-hour debate (103-
  2, May 10, 1994, p 9697) and, beginning in the 112th Congress, 
  privileged reports may also be filed (112-1, Jan. 5, 2011, p __).

                          Special-order Speeches

      The Chair normally recognizes Members for special orders to 
  address the House at the conclusion of business of the day. The 
  Speaker may reserve the right to return to business. Deschler-Brown Ch 
  29 Sec. 10.69. Under clause 2 of rule XVII, no Member may be 
  recognized beyond one hour, even by unanimous consent. Manual 
  Sec. 957. Furthermore, a Member may not be recognized for two special-
  order speeches on the same legislative day, even though special orders 
  have been interrupted by legislative business. Deschler-Brown Ch 29 
  Sec. 73.15.
      The Speaker has announced the following policies for recognition 
  of special-order speeches:

     Recognition alternates between majority and minority Members.
     Recognition shall be only pursuant to lists submitted by the 
         leadership.
     Recognition does not extend beyond ten o'clock in the evening.
     Recognition for special-order speeches is limited to four 
         hours equally divided between the majority and minority.
     The first hour for each party is reserved to its respective 
         Leader or designees. The second hour is divided into 30-minute 
         periods.
     The first recognition within a category alternates between the 
         parties from day to day.
     The respective Leaders may establish additional guidelines for 
         entering requests.

  Manual Sec. 950.

      The Chair will recognize for subdivisions of the first hour 
  reserved for special orders only on designations (and reallocations) 
  by the leadership concerned. A Member who is recognized to control 
  time during special orders may yield to colleagues for such amounts of 
  time as the Member may deem appropriate but may not yield blocks of 
  time to be enforced by the Chair. Members regulate the duration of 
  their yielding by reclaiming the time when appropriate. Manual 
  Sec. 950.
      At the beginning of the 112th Congress, the Speaker's announcement 
  regarding recognition for special-order speeches affirmed that the 
  Speaker retains the ability to withdraw such recognition should 
  circumstances (such as disorderly conduct) so warrant. 112-1, Jan. 5, 
  2011, p __.

[[Page 433]]

            G. Duration of Debate in the Committee of the Whole


  Sec. 51 . In General; Effect of Special Orders of Business

      At one time, there was no limit on the time that a Member might 
  occupy in debate in the Committee of the Whole when once in possession 
  of the floor. A Member might speak an unlimited time, whether in 
  general debate or on an amendment. 5 Hinds Sec. 5221. Today time 
  limitations on general debate are imposed on measures by unanimous 
  consent or special order of business. Deschler-Brown Ch 29 Sec. 74. In 
  the unlikely event a measure is considered in the Committee of the 
  Whole without fixing the time for general debate, each Member may be 
  recognized for one hour. Sec. 52, infra.
      The chair of the Committee of the Whole monitors the time used by 
  each Member for debate and announces the expiration thereof.


  Sec. 52 . General Debate

      The duration and allocation of time for general debate in the 
  Committee of the Whole is controlled by the House; and the Committee 
  may not, even by unanimous consent, extend the time for general debate 
  fixed by the House. Manual Sec. 993; Deschler-Brown Ch 29 Sec. 75.7. 
  The House establishes such time for general debate through a 
  unanimous-consent agreement or the adoption of a special order of 
  business from the Committee on Rules. Deschler-Brown Ch 29 Sec. 74.
      If the House does not limit the time for general debate in the 
  Committee of the Whole, such debate is under the hour rule. Deschler-
  Brown Ch 29 Sec. 75.1. A Member having control of such time may not 
  consume more than one hour. Deschler-Brown Ch 29 Sec. 75.5.
      Normally, the House order limiting time for general debate in the 
  Committee of the Whole also will divide the control of the time 
  between certain Members, such as the chair of the reporting committee 
  and its ranking minority member. Although under the special order of 
  business a Member may have control of more than one hour of general 
  debate on a bill in the Committee, Members may not, under the general 
  rules of the House, yield themselves more than one hour for debate. 
  Deschler-Brown Ch 29 Sec. 74.4. It also is not in order for a Member 
  to whom time has been yielded to ask unanimous consent for additional 
  time, for time is controlled by those to whom it is allotted by the 
  House and is not subject to extension by the Committee. Deschler-Brown 
  Ch 29 Sec. 75.8.
      The Committee of the Whole may not, even by unanimous consent, 
  change the control of general debate to Members other than those 
  specified by the House. However, unanimous consent has been permitted 
  in the Com

[[Page 434]]

  mittee to permit one of two committees controlling time under a 
  special order of business to yield control of its time to the other. 
  Manual Sec. 993.

                  Effect of Absence of Members in Control

      Where no member of the reporting committee is present at the 
  appropriate time during general debate in the Committee of the Whole, 
  the Chair may presume the time to have been yielded back. Manual 
  Sec. 978.


  Sec. 53 . Limiting General Debate

                     By Unanimous Consent in the House

      Pending a motion to resolve into the Committee of the Whole, the 
  House may by unanimous consent limit general debate to a time certain. 
  Deschler-Brown Ch 29 Sec. 76.8. If objection is raised to such 
  unanimous-consent request, the Speaker puts the question on the 
  initial motion to go into the Committee. Deschler-Brown Ch 29 
  Sec. 3.5.

                          By Motion in the House

      After unlimited general debate has begun in the Committee of the 
  Whole and the Committee rises, a motion in the House to close or limit 
  further general debate is in order. Manual Sec. 979; 5 Hinds 
  Sec. Sec. 5204-5206. The motion is not in order until after debate in 
  the Committee has begun and is made in the House pending the motion 
  that the House resolve itself into Committee for further consideration 
  of the bill, and not after the House has voted to go into Committee. 5 
  Hinds Sec. Sec. 5204, 5208. The motion may not apply to a series of 
  bills, and the motion must apply to the whole and not to a part of a 
  bill. 5 Hinds Sec. Sec. 5207, 5209. The motion may not be made in the 
  Committee. 5 Hinds Sec. 5217; 8 Cannon Sec. 2548.

                   By Unanimous Consent in the Committee

      Although the motion to close general debate is not in order in the 
  Committee of the Whole, the Committee may, in the absence of an order 
  of the House, close debate by unanimous consent. 8 Cannon 
  Sec. Sec. 2553, 2554.
      Although a bill is being considered in the Committee of the Whole 
  under a special order of business specifying the time for general 
  debate, the managers of the bill need not use all of the prescribed 
  time. The Members in control of the time are permitted to yield it 
  back and thereby shorten general debate. Deschler-Brown Ch 29 
  Sec. 76.1.

[[Page 435]]

  Sec. 54 . Five-minute Debate

                                 Generally

      When general debate is closed in the Committee of the Whole, 
  debate on amendments proceeds under the five-minute rule. Clause 5 of 
  rule XVIII, which provides:

      When general debate is concluded or closed by order of the House, 
    the measure under consideration shall be read for amendment. A 
    Member, Delegate, or Resident Commissioner who offers an amendment 
    shall be allowed five minutes to explain it, after which the Member, 
    Delegate, or Resident Commissioner who shall first obtain the floor 
    shall be allowed five minutes to speak in opposition to it. There 
    shall be no further debate thereon, but the same privilege of debate 
    shall be allowed in favor of and against any amendment that may be 
    offered to an amendment.

      Under this rule the proponent of an amendment is entitled to five 
  minutes of debate in favor of the amendment before a perfecting 
  amendment may be offered thereto. Deschler-Brown Ch 29 Sec. 30.20. If, 
  after a speech in favor of an amendment, no one claims the floor in 
  opposition, the Chair may recognize another Member favoring the 
  amendment. 8 Cannon Sec. 2557.

                          Speaking More Than Once

      Generally, a Member may speak only once for five minutes on a 
  pending amendment, although a point of order under this rule comes too 
  late after that Member has been recognized and has begun to speak. 92-
  1, June 9, 1971, p 18988. Even when the Committee of the Whole resumes 
  consideration of an amendment that has been debated by its proponent 
  on a prior day, the proponent may speak again for five minutes on such 
  amendment only by unanimous consent. Manual Sec. 981. A Member 
  recognized for five minutes on an amendment may not extend the time by 
  offering another amendment. 8 Cannon Sec. Sec. 2560, 2562. However, a 
  Member who has offered an amendment and spoken thereon is not 
  precluded from seeking recognition to speak to a proposed amendment to 
  that amendment. Deschler-Brown Ch 29 Sec. 21.16. Where there is 
  pending an amendment and a substitute therefor, the Member offering 
  the substitute may debate it for five minutes and subsequently be 
  recognized to speak for or against the original amendment. Moreover, 
  if debate on the pending amendment is limited, the five-minute rule is 
  abrogated and Members who have already spoken on an amendment may be 
  recognized again under the limitation. Deschler-Brown Ch 29 Sec. 22.9.

        Precluding Amendments; Effect of Special Orders of Business

      The House, and not the Committee of the Whole, controls the extent 
  to which the offering of amendments may be precluded under the five-

[[Page 436]]

  minute rule. The Committee cannot, even by unanimous consent, prohibit 
  the offering of amendments otherwise in order under the rule. Manual 
  Sec. 993.
      A special order of business or other order of the House providing 
  for the consideration of a bill may preclude the offering of 
  amendments under the five-minute rule. For example, if a special order 
  of business permits only designated amendments and prohibits 
  amendments to amendments, then only two five-minute speeches are in 
  order on each designated amendment, one speech in support and one in 
  opposition. Deschler-Brown Ch 29 Sec. 77.19. A Member may obtain 
  additional time for debate only by unanimous consent. Because only the 
  two five-minute speeches are in order, pro forma amendments are not 
  permitted, and a third Member may be recognized only by unanimous 
  consent. Manual Sec. 993. A third Member is not entitled to 
  recognition, notwithstanding the fact that the second Member, 
  recognized in opposition, actually spoke in favor of the amendment. 
  Deschler-Brown Ch 29 Sec. 21.23.

                               Yielding Time

      A Member recognized under the five-minute rule may not reserve 
  time or yield a specific amount of time to another Member. Manual 
  Sec. 980; 5 Hinds Sec. Sec. 5035-5037. Members so recognized may yield 
  a portion of their time while remaining on their feet, but may not 
  yield to another to offer an amendment. Deschler-Brown Ch 29 
  Sec. 21.5. If a Member yields back or sits down before expiration of 
  the five minutes, another may not be recognized for the remainder of 
  that time. 8 Cannon Sec. 2571.
      A Member may yield during debate under the five-minute rule while 
  remaining standing to permit another Member to pose questions, to make 
  a comment, or to make a unanimous-consent request. However, the time 
  consumed thereby comes out of that of the Member holding the floor. 
  Deschler-Brown Ch 29 Sec. 29.6. Time consumed in yielding for a 
  parliamentary inquiry also is charged against the five minutes. 
  Deschler-Brown Ch 31 Sec. 15.6.

                              Extending Time

      A motion to require a certain amount of debate under the five-
  minute rule is not in order in the Committee of the Whole. Deschler-
  Brown Ch 29 Sec. 78.101. A Member recognized under the five-minute 
  rule may extend the time for debate (by not more than five minutes) 
  only by unanimous consent, and a motion to that effect is not in 
  order. Deschler-Brown Ch 29 Sec. 21.13; Sec. 57, infra.
      Where debate on an amendment is limited and allocated to a 
  proponent and an opponent, the Members controlling the debate may 
  yield and reserve

[[Page 437]]

  time, whereas time for debate on amendments cannot be reserved under 
  the five-minute rule. Manual Sec. 980.

                           Pro Forma Amendments

      The pro forma amendment--to ``strike the last word''--is used 
  under the five-minute rule only for purposes of debate or explanation, 
  the proponent having no intent to offer a substantive amendment. A 
  Member who has been recognized for five minutes on a pro forma 
  amendment cannot thereafter extend the time by offering a second pro 
  forma amendment. Deschler-Brown Ch 29 Sec. 77.8. Members who have 
  consumed five minutes in support of an amendment that they have 
  offered cannot obtain additional time by offering a pro forma 
  amendment to their own amendment. However, they may extend their time 
  or speak again on the amendment by unanimous consent. Deschler-Brown 
  Ch 29 Sec. 77.9. A Member who has occupied the five minutes in 
  opposition to an amendment may subsequently offer a pro forma 
  amendment to the amendment. 84-1, June 30, 1955, p 9614. A pro forma 
  amendment may be offered after a substitute has been adopted and 
  before the vote on the amendment, as amended, by unanimous consent 
  only, because the amendment has been amended in its entirety and no 
  further amendments, including pro forma amendments, are in order. A 
  Member recognized on a pro forma amendment may not allocate or reserve 
  time, but may, in yielding, indicate to the Chair an intention to 
  reclaim time after a certain point. The Chair endeavors to alternate 
  recognition to offer pro forma amendments between majority and 
  minority Members (giving priority to committee members) rather than 
  between sides of the question. Manual Sec. 981.

                   Motions to Strike the Enacting Clause

      The preferential motion to rise and report back to the House with 
  the recommendation that the enacting clause be stricken is sometimes 
  used to gain an additional five minutes for debate in the Committee of 
  the Whole. Clause 9 of rule XVIII; Manual Sec. Sec. 988, 989. Debate 
  on the preferential motion is limited to two five-minute speeches, and 
  the Chair declines to recognize for requests for extensions of that 
  time. Deschler Ch 19 Sec. 13.2. Only two five-minute speeches are 
  permitted, notwithstanding the fact that the second Member, recognized 
  in opposition to the motion, spoke in favor thereof. Deschler Ch 19 
  Sec. 13.3. Time for debate may not be reserved. Manual Sec. 989. 
  Debate may go to the merits of the underlying bill. 5 Hinds Sec. 5336.
      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. Deschler-Brown Ch 
  29 Sec. 23.43.

[[Page 438]]

   However, the Chair will not announce in advance who will be 
  recognized in opposition. Manual Sec. 989.
      If the House acts to strike the enacting clause as recommended by 
  the Committee of the Whole, the bill is considered rejected. Manual 
  Sec. 989; 5 Hinds Sec. 5326. For a general discussion of this motion, 
  see Committees of the Whole.


  Sec. 55 . -- Limiting or Extending Five-minute Debate-- By House 
            Action

                           By Unanimous Consent

      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. The House may by unanimous 
  consent agree to an extension of time for such debate even after the 
  Committee has previously agreed to terminate debate at an earlier 
  time. Deschler-Brown Ch 29 Sec. 78.41.

                                 By Motion

      A timely motion to limit debate on a matter pending in the 
  Committee of the Whole under the five-minute rule has been held to lie 
  in the House as well as in the Committee once that debate has begun. 
  In an early decision Speaker Crisp held that the Committee did not 
  have the exclusive right to limit debate on matters pending before it, 
  and that a motion to limit debate on a section of a bill pending in 
  Committee would lie in the House. 5 Hinds Sec. 5229. However, in 
  modern practice the motion is made in the Committee under clause 8 of 
  rule XVIII. Sec. 56, infra.


  Sec. 56 . -- By Motion in the Committee of the Whole

                         Generally; When in Order

      A motion in the Committee of the Whole to limit or close five-
  minute debate is permitted by clause 8 of rule XVIII. Manual Sec. 987. 
  The motion may propose to close debate at once or at the expiration of 
  a designated time. 8 Cannon Sec. 2572. As noted above, a motion to 
  extend debate is not in order in the Committee. Sec. 54, supra.
      Until a bill has been read for amendment in full or its reading 
  dispensed with by unanimous consent or special order of business, a 
  motion to close or limit debate on the entire bill is not in order. 
  Deschler-Brown Ch 29 Sec. 78.27. Likewise, a motion to close debate on 
  a portion of a bill not yet reached in the reading of the bill for 
  amendment is not in order. Deschler-Brown Ch 29 Sec. 78.29. A motion 
  to close debate on a portion of a bill that

[[Page 439]]

  has been read and on which there has been debate is in order. 
  Deschler-Brown Ch 29 Sec. 78.34. For a discussion of unanimous-consent 
  requests to close or limit debate, see Sec. 57, infra.
      A motion to limit or close debate under the five-minute rule is 
  not in order until debate has begun. 5 Hinds Sec. 5225. Thus, a motion 
  to close debate on a section of a bill or on an amendment is not in 
  order until there has been some debate thereon. Deschler-Brown Ch 29 
  Sec. 78.22. However, the motion to close debate has been held in order 
  after only one speech, even though brief (5 Hinds Sec. 5226), and 
  although the Member making the speech, after gaining recognition to 
  strike the last word, obtained consent to speak out of order 
  (Deschler-Brown Ch 29 Sec. 78.25).
      Under clause 8 of rule XVIII, a motion in the Committee of the 
  Whole to close debate under the five-minute rule is privileged. 
  However, the motion cannot deprive another Member of the floor. 
  Deschler-Brown Ch 29 Sec. 78.14. Once pending, the motion must be 
  disposed of before further recognition by the Chair. Deschler-Brown Ch 
  29 Sec. 22.1.
      Although it is customary for the Chair to recognize the manager of 
  the pending bill to offer motions to limit debate, any Member may, 
  pursuant to clause 8 of rule XVIII, move to limit debate at an 
  appropriate time in the Committee of the Whole. Deschler-Brown Ch 29 
  Sec. 23.28. However, the Member managing the bill is entitled to prior 
  recognition to move to close debate on a pending amendment (after the 
  proponent has yielded back) over other Members seeking to debate or 
  amend the amendment. Deschler-Brown Ch 29 Sec. 24.16.
      It is in order in the Committee of the Whole to move to limit or 
  close debate under the five-minute rule with respect to:

     The portion of the text that is pending and all amendments 
         thereto. Deschler-Brown Ch 29 Sec. 78.7.
     An amendment and all amendments thereto. Deschler-Brown Ch 29 
         Sec. 78.65.
     All amendments to the bill (after the bill has been read) and 
         all amendments thereto. Deschler-Brown Ch 29 Sec. 78.30.

      A proposition to control or divide the time is not in order as a 
  part of a motion to limit debate under the five-minute rule. 8 Cannon 
  Sec. 2570.
      Where there is a time limitation on debate on a pending amendment 
  in the nature of a substitute and all amendments thereto, but not on 
  the underlying original text, debate on perfecting amendments to the 
  original text proceeds under the five-minute rule, absent another time 
  limitation. Where the time for debate on a pending amendment in the 
  form of a motion to strike (and all amendments thereto) has been 
  limited, a subsequently offered perfecting amendment considered as 
  preferential to (rather than as an amend

[[Page 440]]

  ment to) the motion to strike remains separately debatable outside the 
  limitation. Manual Sec. 987.
      A limitation on debate on a section of a bill and amendments 
  thereto does not affect debate on an amendment adding a new section to 
  the bill. Deschler-Brown Ch 29 Sec. 79.31. The Chair may decline to 
  recognize a Member to offer such an amendment until perfecting 
  amendments to the pending section have been disposed of under the 
  limitation. Deschler-Brown Ch 29 Sec. 79.137.

              Consideration of Motion; Debate and Amendments

      A motion to limit debate under the five-minute rule must be 
  reduced to writing if demanded by any Member. Deschler-Brown Ch 29 
  Sec. 78.52. The motion is not debatable (Manual Sec. 987), although it 
  is subject to amendment (5 Hinds Sec. 5227; 8 Cannon Sec. 2578).
      The motion in the Committee of the Whole to limit debate is not 
  subject to a motion to reconsider because the motion to reconsider 
  does not lie in the Committee. Deschler-Brown Ch 29 Sec. 78.79. 
  However, the Committee may by unanimous consent rescind or modify such 
  an agreement. Deschler-Brown Ch 29 Sec. 78.84.


  Sec. 57 . -- By Unanimous Consent in the Committee of the Whole

                                 Generally

      Debate under the five-minute rule in the Committee of the Whole 
  may be closed or limited by the Committee by unanimous consent, even 
  on portions of the bill not yet read. Deschler-Brown Ch 29 Sec. 78.29. 
  However, such request should include the condition that the portion of 
  the bill sought to be limited be considered as read and open to 
  amendment at any point. Deschler-Brown Ch 29 Sec. 78.93. Similarly, 
  the Committee may limit and allocate control of time for debate on 
  amendments not yet offered by unanimous consent. Manual Sec. 987.
      In limiting debate by unanimous consent under the five-minute 
  rule, the Committee of the Whole may include provisions to control and 
  allocate the time. Deschler-Brown Ch 29 Sec. 78.37. For example, the 
  Committee may, by unanimous consent, limit debate to a certain number 
  of hours, or to a time certain, to be equally divided and controlled 
  by the managers of the bill. Deschler-Brown Ch 29 Sec. 78.62.

                 Rescission or Modification of Limitation

      A time limitation on debate imposed by the Committee of the Whole 
  may be rescinded or modified by the Committee by unanimous consent 
  (but not by motion). Deschler-Brown Ch 29 Sec. Sec. 78.42, 78.43. The 
  Committee

[[Page 441]]

  may by unanimous consent permit additional debate on an amendment 
  before it is offered, notwithstanding a previous limitation imposed by 
  the Committee on all amendments to the bill. Deschler-Brown Ch 29 
  Sec. 79.63. The Committee can effect minor changes in procedures set 
  by a special order of the House only by unanimous consent and only 
  where congruent with the terms of the special order of business. 
  Manual Sec. 993.


  Sec. 58 . Motions Allocating or Reserving Time

      A motion to limit debate under the five-minute rule in the 
  Committee of the Whole is not in order if it includes a reservation of 
  time for any special purpose, including a reservation of time for a 
  particular Member. Deschler-Brown Ch 29 Sec. Sec. 78.37, 78.61, 78.67, 
  78.72. However, the Committee may limit debate and include a 
  reservation of time by unanimous consent. For example, part of the 
  time under a limitation may be reserved for the reporting committee by 
  unanimous consent. Deschler-Brown Ch 29 Sec. 78.69.


  Sec. 59 . Timekeeping; Charging Time

                                 Generally

      A limitation on debate under the five-minute rule may take the 
  form of a restriction on time for debate (for example, ``for 60 
  minutes'') or as a limitation on debate to a time certain (for 
  example, ``until 5 p.m.''). The form of the limitation is particularly 
  significant in determining how the time is to be accounted for under 
  the limitation.
      When time for debate on a proposition is limited to a fixed 
  period, such as 60 minutes, the time consumed for purposes other than 
  debate is not counted or charged against the allowable time for debate 
  (such as votes, quorum calls, maintaining order, points of order, 
  reading amendments, or offering and debating preferential motions to 
  strike the enacting clause). Manual Sec. 987; Deschler-Brown Ch 29 
  Sec. Sec. 79.10, 79.13. However, if time is limited to a fixed period 
  on the entire bill and all amendments thereto, the time for the 
  preferential motion does consume time under the limitation. Deschler-
  Brown Ch 29 Sec. 79.17.
      On the other hand, where the time for debate has been fixed to a 
  time certain, such as 5 p.m., the time consumed by matters other than 
  debate (such as parliamentary inquiries, points of order, rereading of 
  amendments, maintaining order, votes, quorum calls, or offering and 
  debating preferential motions to strike the enacting clause) is 
  charged against the time remaining. Deschler-Brown Ch 29 
  Sec. Sec. 79.5, 79.9. Such a limitation terminates all debate at the 
  time specified, notwithstanding any allotted time remaining. Deschler-

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  Brown Ch 29 Sec. 79.8. In such cases, no point of order lies against 
  the inability of the Chair to recognize each Member desiring 
  recognition. Deschler-Brown Ch 29 Sec. 22.31. The time specified can 
  be rescinded or modified only by unanimous consent. Manual Sec. 987. A 
  unanimous consent-request or motion to close debate at a time certain 
  should specify that the debate cease at a certain time, and not that 
  the Committee of the Whole vote at a certain time, because the Chair 
  cannot control time consumed by quorum calls or votes on other 
  intervening motions. Deschler-Brown Ch 29 Sec. 78.75. If the Committee 
  rises before the expiration of such a limitation, and does not resume 
  consideration before the time certain arrives, no further time for 
  debate remains. Deschler-Brown Ch 29 Sec. 79.128.
      If debate is closed instantly on the entire bill and all 
  amendments thereto, no further debate is in order for any purpose 
  (including the preferential motion that the enacting clause be 
  stricken); and further amendments may be offered but not debated 
  unless they have been printed in the Congressional Record. Deschler-
  Brown Ch 29 Sec. Sec. 79.1, 79.23.

                   Role of the Chair in Allocating Time

      Where debate on an amendment has been limited, the Chair has 
  several options in allocating the remaining time. The Chair may (1) 
  continue to recognize under the five-minute rule; (2) divide the time 
  between Members indicating a desire to speak; or (3) as is 
  increasingly the case under the modern practice, divide time between 
  the proponent of the amendment and an opponent (giving priority in 
  recognition among opponents to committee members) and allow them in 
  turn to yield time to other Members. Manual Sec. 987.
      The Chair also has the discretion to give priority in recognition 
  under a limitation to those Members seeking to offer amendments, over 
  other Members standing at the time the limitation was agreed to. Where 
  time for debate on a bill and all amendments thereto has been limited 
  to a time certain several hours away, the Chair has the discretion to 
  continue to proceed under the five-minute rule until deciding to 
  allocate remaining time on possible amendments. The Chair may then 
  divide that time among proponents of anticipated amendments and 
  committee members opposing those amendments. The Chair also has 
  discretion to reallocate time to conform to the limit set by unanimous 
  consent of the Committee of the Whole. Manual Sec. 987.

                   Time Remaining After Committee Rises

      The adoption of a motion to rise during debate on an amendment in 
  the Committee of the Whole does not affect the time remaining on the

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  amendment when the bill is resumed as unfinished business in the 
  Committee of the Whole, where debate is limited to a number of minutes 
  and not to a time certain. Deschler-Brown Ch 29 Sec. 79.131. However, 
  where a measure has been limited to a time certain, and the Committee 
  rises before that time without having completed action on the pending 
  measure, no time is considered to be remaining when the Committee, on 
  a later day, resumes consideration of the measure. Deschler-Brown Ch 
  29 Sec. 79.127. The Committee may extend debate on the subsequent day 
  only by unanimous consent. Deschler-Brown Ch 29 Sec. 78.84.
      Where after limiting debate under the five-minute rule the 
  Committee of the Whole is about to rise on motion, the Chair has the 
  discretion to defer the allocation of that time until the Committee 
  resumes consideration of the bill on a subsequent day. Deschler-Brown 
  Ch 29 Sec. 79.52.


                 H. Reading Papers; Displays and Exhibits


  Sec. 60 . Reading Papers

      In the early practice of the House, the reading of papers, 
  including a Member's own written speech, was usually permitted without 
  question; and Members usually read such papers as they pleased. Manual 
  Sec. 964; 5 Hinds Sec. 5258. However, that privilege was subject to 
  the authority of the House if another Member objected under a former 
  version of clause 6 of rule XVII. Manual Sec. 964. If objection was 
  made to such a reading under the former rule, the question was 
  determined by the House without debate. The rule was amended in 1993 
  to apply only to exhibits and not to readings and the question no 
  longer must be submitted to the House. Manual Sec. 963.


  Sec. 61 . Use of Exhibits

                                 Generally

      Members often use relevant exhibits in debate for the information 
  of other Members. The display of exhibits in debate was at one time 
  automatically subject to House consent under clause 6 of rule XVII if 
  objection was made. However, the clause was amended in the 107th 
  Congress to give the Chair the discretion to submit the question of 
  its use to the House. Manual Sec. 963.
      For procedures under the former rule, see Manual Sec. 963.
      It is not a proper parliamentary inquiry to ask the Chair to judge 
  the accuracy of the content of an exhibit. It is not in order to 
  request that the

[[Page 444]]

  electronic voting display be turned on during debate as an exhibit to 
  accompany a Member's debate. Manual Sec. 963.
      Exhibits that have been permitted by the House or the Committee of 
  the Whole, either by vote or because no objection was raised, include:

     A pair of oversized dice. Deschler-Brown Ch 29 Sec. 84.2.
     Models prepared by the Committee on Science and Astronautics. 
         Deschler-Brown Ch 29 Sec. 84.4.
     Electronic voting equipment to be installed in the House 
         Chamber. Deschler-Brown Ch 29 Sec. 84.
     A bottle of liquor alleged to be ``government rum.'' Deschler-
         Brown Ch 29 Sec. 84.1.
     A chart showing complex funding formulas. Deschler-Brown Ch 29 
         Sec. 84.5.
     Photographs of missing children. Deschler-Brown Ch 29 
         Sec. 84.14.
     A display of dismantled weapons. Deschler-Brown Ch 29 
         Sec. 84.17.
     A chart showing stockpiled weaponry. 99-1, June 19, 1985, p 
         16359.

      The Speaker or chair of the Committee of the Whole may under rule 
  I direct the removal of an exhibit from the well if the exhibit is not 
  being used in debate. Deschler-Brown Ch 29 Sec. Sec. 84.9, 84.10.
      The Speaker has denied a request that a Member be permitted to use 
  a video recorder on the floor of the House during a special-order 
  speech, as an audio-visual display of comments by non-Members would be 
  contrary to precedents limiting the privilege of debate to Members. 
  Deschler-Brown Ch 29 Sec. 80.8. The Speaker has disallowed the use of 
  a person on the floor as a guest of the House as an ``exhibit.'' 
  Manual Sec. 622; Sec. 21, supra.
      Beginning in the 111th Congress, the Speaker has announced 
  guidelines for appropriate comportment in the chamber when the House 
  is not in session. Such guidelines re-affirm the Speaker's 
  responsibility for control of the Hall of the House under clause 3 of 
  rule I, indicate that the chamber remains on static display during 
  periods of adjournment, and prohibit any activity (including audio or 
  video recording) that might be taken to carry the imprimatur of the 
  House. 111-1, Jan. 6, 2009, p __.


  Sec. 62 . -- Decorum Requirements

      The Speaker's responsibility under clause 2 of rule I to preserve 
  decorum requires that the use of exhibits in debate that would be 
  demeaning to the House or that would be disruptive of the decorum 
  thereof be disallowed. Deschler-Brown Ch 29 Sec. 84.16. Thus the 
  Speaker may inquire of a Member's intentions as to the use of exhibits 
  before conferring recognition to address the House. Deschler-Brown Ch 
  29 Sec. 84.11. In one instance, the Chair declined to permit a bumper 
  sticker to be attached to the lectern in the House Chamber. 101-1, 
  Sept. 13, 1989, p 20362. In 1995, a caricature of

[[Page 445]]

  the Speaker presented during debate was ruled out of order. 104-1, 
  Nov. 16, 1995, p 33393-95. In another instance, where a Member during 
  debate on a bill funding the arts indicated his intention to show as 
  exhibits certain photographs--some innocuous and some alleged to be 
  pornographic--the Chair announced that he would prevent the display of 
  all such exhibits on the pending bill. The Chair observed that 
  although the first amendment to the Constitution provides that 
  Congress shall make no law abridging the freedom of speech, the 
  Constitution also provides in article I that the House may determine 
  the rules of its proceedings, and in clause 2 of rule I the House has 
  assigned to the Chair the responsibility of preserving order and 
  decorum. Manual Sec. 622.
      At the request of the Committee on Ethics, the Speaker announced 
  that (1) all handouts distributed on or adjacent to the floor must 
  bear the name of a Member authorizing the distribution; (2) the 
  content of such handouts must comport with the standards applicable to 
  words used in debate; (3) failure to comply with these standards may 
  constitute a breach of decorum and thus give rise to a question of 
  privilege; (4) staff are prohibited in the Chamber or rooms leading 
  thereto from distributing handouts and from attempting to influence 
  Members with regard to legislation; and (5) Members should minimize 
  the use of handouts to enhance the quality of debate. Manual Sec. 622.


                            I. Secret Sessions


  Sec. 63 . In General

                     Generally; Historical Background

      In the early days of the Congress, secret sessions of the House 
  were frequent. The sessions of the Continental Congress were secret. 
  Up to and during the War of 1812, secret sessions of the House were 
  held often. Normally, the House sat with galleries open. When the 
  occasion required, as on receipt of a confidential communication from 
  the President, the galleries were cleared by House order. 5 Hinds 
  Sec. Sec. 7247, 7251 (note). Following that period, the practice fell 
  into disuse, remaining dormant for almost a century, and there have 
  been but few secret sessions in the modern era. 6 Cannon Sec. 434.
      It has been held that each House has a right to hold secret 
  sessions whenever in its judgment the proceedings should require 
  secrecy. In 1848, the Circuit Court of the District of Columbia upheld 
  a Senate contempt proceeding conducted in a secret session arising out 
  of the publication of a trea

[[Page 446]]

  ty pending before the Senate in executive session. Nugent v. Beale, 18 
  F. Cas. 141 (C.C.D.C. 1848) (No. 10375); 2 Hinds Sec. 1640.

                                 Procedure

      The oath of office taken by elected House officers obligates them 
  to ``keep the secrets of the House'' under clause 1 of rule II. Manual 
  Sec. 640. Clause 9 of rule XVII, dating from 1792, authorizes the 
  holding of a secret session (1) whenever confidential communications 
  are received from the President, or (2) whenever the Speaker or any 
  Member informs the House that such individual has communications that 
  such individual believes ought to be kept secret. Manual Sec. 969.
      The House, and not the Committee of the Whole, determines whether 
  to conduct a secret session under clause 9 of rule XVII. Manual 
  Sec. 969; Deschler-Brown Ch 29 Sec. 85.6. Provision for the session is 
  generally made pursuant to a motion considered in the House. See 
  Sec. 64, infra. The material to be presented in the secret session is 
  not required to be relevant to any particular legislation. Deschler-
  Brown Ch 29 Sec. 85.9. No point of order lies in the secret session 
  that the material in question must be produced for the Members in 
  advance to determine whether secret or confidential communications are 
  involved. Deschler-Brown Ch 29 Sec. 85.14.
      For procedures governing a secret session of the House called to 
  resolve a conflict between the Permanent Select Committee on 
  Intelligence and the President with respect to disclosure of 
  classified information, see clause 11(g) of rule X. Manual Sec. 785.

                     Use of Special Orders of Business

      In 1983, for the first time, a secret session was held pursuant to 
  a special order of business reported from the Committee on Rules and 
  adopted by the House. The special order of business provided for 
  preliminary general debate on a bill in secret session of the 
  Committee of the Whole and for further consideration of the bill in 
  open session of the Committee of the Whole. 98-1, H. Res. 261, July 
  14, 1983, p 19133. Following the secret session, the Speaker stated 
  that Members were bound not to release or revise or make public any of 
  the transcript thereof until further order of the House, and that 
  pursuant to the special order of business the transcript would be 
  referred to the two committees reporting the bill. 98-1, July 19, 
  1983, pp 19776, 19777. Six months later, the Speaker laid before the 
  House communications transmitting the recommendations of those 
  committees that the transcript of the secret session not be publicly 
  released. 98-2, Jan. 23, 1984, p 84.

[[Page 447]]

      In 2008, for the first time, a secret session was held pursuant to 
  a unanimous-consent request that, similar to a special order of 
  business, provided the terms for debate. Manual Sec. 969.


  Sec. 64 . Motions; Debate

      A motion to go into a secret session is in order when any Member 
  informs the House that such Member has communications that should be 
  considered in confidence. The motion takes precedence over a motion to 
  resolve into the Committee of the Whole for the consideration of 
  privileged legislative business such as an appropriation bill. 8 
  Cannon Sec. 3630.
      The motion to resolve into secret session may be made only in the 
  House and not in the Committee of the Whole. Manual Sec. 969; 
  Deschler-Brown Ch 29 Sec. 85.6. The Member offering the motion must 
  qualify by asserting that such Member has a secret communication to 
  make to the House. Deschler-Brown Ch 29 Sec. 85.5. The motion may be 
  repeated on the same legislative day if the proponent asserts 
  additional qualifying communications. Manual Sec. 969. The motion is 
  not debatable, although the Chair may explain the operation of the 
  rule and respond to parliamentary inquiries after the motion has been 
  agreed to and before the secret session commences. Manual Sec. 969; 
  Deschler-Brown Ch 29 Sec. Sec. 85.7, 85.9. The motion to resolve into 
  secret session is subject to the motion to lay on the table. Manual 
  Sec. 969.
      After a motion to resolve into a secret session has been adopted, 
  the Member who offered the motion may be recognized for one hour of 
  debate. The normal rules of debate, including the principle that 
  motions are in order only when the Member in control yields for that 
  purpose, apply. Deschler-Brown Ch 29 Sec. 85.13.
      A motion in secret session to make the proceedings public is 
  debatable for one hour, within narrow limits of relevancy. At the 
  conclusion of debate in secret session, a Member may be recognized to 
  offer a motion that the session be dissolved. Deschler-Brown Ch 29 
  Sec. 85.18. In 2008, the unanimous-consent agreement pursuant to which 
  the House resolved into secret session provided for adjournment of the 
  House immediately following the secret session. Manual Sec. 969.


  Sec. 65 . Secrecy Restrictions and Guidelines

      The Speaker may announce before a secret session commences that 
  the galleries will be cleared. The Speaker also may announce that the 
  Chamber will be cleared of all persons except Members and those 
  officers and employees whose attendance is essential to the 
  functioning of the secret session

[[Page 448]]

  and so specified by the Speaker, and that all proceedings in the 
  secret session must be kept secret until otherwise ordered by the 
  House. Deschler-Brown Ch 29 Sec. Sec. 85.8, 85.9. In one instance, the 
  Speaker directed all officers and employees designated by him as 
  essential to the proceedings to come to the desk and sign an oath of 
  secrecy. The Speaker announced that violation of the oath was 
  punishable by the House and that Members and employees were subject to 
  standards of conduct and disciplinary proceedings under House rules. 
  Deschler-Brown Ch 29 Sec. 85.9. Where the House has concluded a secret 
  session and has not voted to release the transcripts of that session 
  to the public, the injunction of secrecy remains and the Speaker may 
  informally refer the transcripts to appropriate committees for their 
  evaluation and report to the House as to their ultimate disposition. 
  Deschler-Brown Ch 29 Sec. 85.10. Under clause 13 of rule XXIII (which 
  was added to the Code of Official Conduct in the 104th Congress), all 
  Members, officers, and employees are required to execute an oath 
  before they are given access to classified information. The list of 
  Members signing this oath is published weekly in the Congressional 
  Record. For a discussion of committee meetings in executive session, 
  see Committees.