[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 46. Recognition]
[From the U.S. Government Publishing Office, www.gpo.gov]
CHAPTER 46
RECOGNITION
HOUSE PRACTICE
A. Introduction; Power of Recognition
Sec. 1. In General; Seeking Recognition
Sec. 2. Power and Discretion of Chair
Sec. 3. Limitations; Bases for Denial
Sec. 4. Alternation in Recognition
B. Right to Recognition; Priorities
Sec. 5. In General
Sec. 6. Priorities of Committee Members
Sec. 7. Right of Member in Control
Sec. 8. Right to Open and Close General Debate
Sec. 9. --To Close Debate on Amendments
C. Recognition on Particular Questions
Sec. 10. In General; As to Bills
Sec. 11. For Motions
Sec. 12. Of Opposition After Rejection of Motion
Sec. 13. As to Special Orders of Business
Sec. 14. Under the Five-Minute Rule
Sec. 15. --Under Limited Five-Minute Debate
Sec. 16. As to House-Senate Conferences
Research References
2 Hinds Sec. Sec. 1419-1479; 5 Hinds Sec. Sec. 4978-5079
6 Cannon Sec. Sec. 283-313; 8 Cannon Sec. Sec. 2448-2478
Deschler-Brown Ch 29 Sec. Sec. 8-23
Manual Sec. Sec. 354-357, 949-956, 958, 959, 966, 997
A. Introduction; Power of Recognition
Sec. 1 . In General; Seeking Recognition
In order to address the House or to offer a motion or make an
objection, a Member first must secure recognition from the Speaker or
from the chair of the Committee of the Whole. Clause 1 of rule XVII;
Manual Sec. 945. Under the rule, the Chair has the power and
discretion to determine who will be recognized and for what purpose. 2
Hinds Sec. Sec. 1422-1424; see generally Sec. 2, infra. To determine a
Member's claim to the floor, the Chair may ask for what purpose a
Member seeks recognition and may grant recognition for the specific
purpose indicated. Manual Sec. 953. Members must be properly
recognized for their remarks to be transcribed for the Congressional
Record. 112-1, Jan. 24, 2011, p 583.
Duty to Affirmatively Seek Recognition
Members must seek recognition at the proper time in order to
protect their rights to make points of order or to offer amendments.
Deschler-Brown Ch 29 Sec. 20.25; Manual Sec. 949. A Member must rise
(or otherwise indicate a desire to be recognized) and address the
Chair in order for recognition to be conferred. Deschler-Brown Ch 29
Sec. Sec. 8.4, 8.5.
The mere placing of an amendment on the Clerk's desk does not
bestow recognition. Deschler-Brown Ch 29 Sec. 19.6. Where numerous
amendments that might be offered to a bill have been left with the
Clerk, the Chair may remind all Members seeking to offer amendments to
seek recognition at the appropriate time. Deschler-Brown Ch 29
Sec. 8.17.
Form
The language used to obtain the floor and to grant recognition to
Members follows a traditional format of long standing:
Member: M_. Speaker (or M_. Chair). . . .
Note: This form of address is used whether the Member is seeking
recognition to offer a proposition or interrupt a Member having the
floor. 5 Hinds Sec. 4979; 6 Cannon Sec. 193. Such salutations as
``Gentlemen of the House'' or ``Ladies and gentlemen'' are not in
order. 6 Cannon Sec. 285.
Speaker (or Chair): For what purpose does the gentle___ seek
recognition?
Note: This question enables the Chair to determine whether the
Member proposes a matter that may be entitled to precedence or is
otherwise in order under the rules of the House. 6 Cannon
Sec. Sec. 289-291.
Member: I seek recognition to offer a motion to _____ (or raise
other stated business).
Speaker (or Chair): The Chair recognizes the gentle___ from _____
(Member's state).
Recognition to Interrupt a Member
A Member who wishes to interrupt another who has the floor must
obtain recognition from the Chair. Deschler-Brown Ch 29 Sec. 8.2.
However, in most cases, it is within the discretion of the Member
occupying the floor to determine when and by whom such Member shall be
interrupted. Manual Sec. Sec. 364, 946.
Cross References
Recognition is governed in specific instances and in specific
parliamentary situations by practices covered fully elsewhere in this
work; for example, Amendments; Previous Question; Refer and Recommit;
and Reconsideration. For the Speaker's announced policy of conferring
recognition for unanimous-consent requests for the consideration of
certain measures, see Unanimous-Consent Agreements.
Sec. 2 . Power and Discretion of Chair
In Jefferson's time, the Speaker was required by House rule to
recognize the Member who was ``first up.'' 2 Hinds Sec. 1420. In case
of doubt, there was an appeal from the Speaker's recognition of a
particular Member. 2 Hinds Sec. Sec. 1429-1434. This practice was
changed, beginning in 1879, when the House adopted a report asserting
that ``discretion must be lodged with the presiding officer.'' The
report alluded to the practice of listing those Members desiring to
speak on a given proposition but indicated that the Chair should not
be obligated to follow the order stipulated. Rather, the report
recommended that the Chair be free to exercise ``a wise and just
discretion in the interest of full and fair debate.'' 2 Hinds
Sec. 1424. Today clause 2 of rule XVII gives the Chair the power and
discretion to decide who shall be recognized, and that decision is no
longer subject to appeal. Manual Sec. Sec. 949, 953; 8 Cannon
Sec. Sec. 2429, 2646; 109-2, June 22, 2006, p 12299. There has been no
appeal from a decision of the Speaker on a question of recognition
since 1881. Manual Sec. 356.
Of course, the recognition of particular Members often is governed
by the rules and precedents pertaining to the order of business or by
special orders of business from the Committee on Rules. See
Sec. Sec. 3, 4, infra. However, where matters of equal privilege are
pending, the order of their consideration is subject to the Speaker's
discretionary power of recognition. Deschler-Brown Ch 29 Sec. 9.55. It
follows that, when more than one Member seeks recognition to call up
privileged business, it is within the discretion of the Speaker whom
to recognize. Clause 2 of rule XVII; Deschler-Brown Ch 29 Sec. 9.56.
The mere announcement of an intention to offer a motion does not
confer recognition or make that motion the pending business. 111-2,
July 13, 2009, p 17493.
Clause 6 of rule XIV, which provides that questions relating to
the priority of business are to be decided by a majority without
debate, may not be invoked to inhibit the Speaker's power of
recognition. Manual Sec. 884.
Sec. 3 . Limitations; Bases for Denial
The Speaker's power of recognition is subject to limitations
imposed by the rules, such as clause 7 of rule XVII (prohibiting the
Chair from recognizing a Member to draw attention to gallery
occupants) and clause 2 of rule IV (restricting use of and admission
to the Hall of the House). Manual Sec. Sec. 677, 678, 966; Deschler-
Brown Ch 29 Sec. 11.10. The Chair's power of recognition also is
governed by established practice and precedent, such as the long-
standing tradition that a member of the committee reporting a bill is
first recognized for motions to dispose of the bill (see Sec. 11,
infra) and the Speaker's announced policy of conferring recognition
for unanimous-consent requests for the consideration of certain
measures (see Unanimous-Consent Agreements).
Sec. 4 . Alternation in Recognition
In the House
Under the standing rules of the House, the Member reporting or
calling up a measure is entitled to recognition for one hour, during
which time such Member may yield to others. At the close of that hour,
unless the previous question is moved, the ranking Member in
opposition may be recognized for an hour with the same privilege of
yielding. Thereafter, until the previous question is invoked, other
Members favoring and opposing the measure are recognized alternately,
preference again being given to members of the committee reporting the
measure. Manual Sec. 955; 8 Cannon Sec. 2460.
Absent a special order of business making party affiliation
pertinent, the Chair alternates according to differences on the
pending question rather than according to political affiliation. 2
Hinds Sec. 1444. Where the special order of business allots control of
time to ``the chair and the ranking minority member of the committee''
(which is ordinarily the case in the modern practice) the term
``minority'' is construed to refer to the minority party in the House
and not to those in the minority on the pending question. 7 Cannon
Sec. 767. However, a special order of business that allots control of
time to those for and against a proposition does not necessarily
require a division between the majority and minority parties of the
House but, rather, a division between those actually favoring and
opposing the measure. 7 Cannon Sec. 766. Rules found in provisions of
law establishing procedures for overturning executive decisions
normally provide for equal division of time for debate between those
favoring and those opposing a proposition, without designating who
should control the time. Therefore, it is within the discretion of the
Chair to recognize a Member supporting and a Member opposing the
measure. Manual Sec. 1130; 7 Cannon Sec. 785.
In Committee of the Whole
A similar alternation procedure is followed during general debate
in the Committee of the Whole. The usual practice is for the Chair to
alternate between those given control of debate time under a special
order of business, usually the chair and ranking minority member. 7
Cannon Sec. 875; Deschler-Brown Ch 29 Sec. 28.15.
It is the usual practice in the Committee of the Whole, during
consideration of a measure under the five-minute rule, to alternate
between majority and minority members, giving priority to members of
the reporting committee in the order of seniority on the full
committee. Deschler-Brown Ch 29 Sec. 21.1. The Chair follows this
principle whether recognizing Members to debate a pending amendment or
to offer an amendment. Deschler-Brown Ch 29 Sec. 13.9. Because the
Chair normally has no knowledge whether specific Members oppose or
support the pending proposition, the Chair cannot strictly alternate
between both sides of the question. Deschler-Brown Ch 29 Sec. 25.14.
However, when an amendment is offered initially, clause 5 of rule
XVIII (the five-minute rule) contemplates that the five minutes
allotted the proponent is followed by recognition of a Member in
opposition to the amendment.
B. Right to Recognition; Priorities
Sec. 5 . In General
Clause 2 of rule XVII directs the Speaker to ``name the Member,
Delegate, or Resident Commissioner who is first to speak'' when two or
more Members seek recognition. The Speaker or Chair has the discretion
to determine the order or sequence in which Members will be recognized
in debate. Manual Sec. 949; Deschler-Brown Ch 29 Sec. Sec. 9.2, 12.1,
19.20. However, the Chair's determination of priorities is governed by
many factors, such as whether the pending proposition has been
reported by a committee, whether it is given priority or is privileged
under the rules, and whether the rules and practices of the House
dictate a priority in recognition. For example, in recognizing a
Member for a motion to recommit (who must qualify as being opposed to
the bill), the Speaker gives preference to the Minority Leader and
then to minority members of the committee reporting the bill in order
of their rank on the committee. Deschler Ch 23 Sec. 27.18; see
generally Refer and Recommit.
Sec. 6 . Priorities of Committee Members
Priority of Committee Members Over Nonmembers
Absent a special order of business providing to the contrary, the
members of the committee reporting a bill are entitled to priority in
recognition over nonmembers for debate on the bill. Manual
Sec. Sec. 953, 955; 2 Hinds Sec. Sec. 1438, 1448; 6 Cannon
Sec. Sec. 306, 307; Sec. 14, infra. Members of the committee reporting
a bill also have priority in recognition to make points of order
against proposed amendments to the bill. Deschler-Brown Ch 29
Sec. 13.3.
The practice of according priority to committee members is an
ancient one, having been adapted from that of the English Parliament.
It is reasoned that the members of the reporting committee--having
worked for months, if not years, on the legislation--are naturally
more familiar with its strengths and weaknesses. Deschler-Brown Ch 29
Sec. 13.12. They are entitled to priority in recognition, even over
the Member who introduced the bill. Deschler-Brown Ch 29 Sec. 13.13.
However, if the proposition has been brought directly before the House
independently of a committee, the proponent may be entitled to
priority in recognition for motions and debate. Sec. 10, infra.
Recognition of Committee Chairs
The chair of the reporting committee usually has charge of the
bill and is entitled at all stages to priority in recognition for
allowable motions intended to expedite it. Deschler-Brown Ch 29
Sec. Sec. 12.2, 24. If the chair is opposed to the bill, however, the
chair ordinarily yields priority in recognition to a member of the
committee who favors the bill. 2 Hinds Sec. 1449.
Priorities as Between Committee Members
Recognition is extended to committee members on the basis of their
committee seniority, with the Chair alternating between members of the
majority and the minority. Deschler-Brown Ch 29 Sec. 13.25; Sec. 4,
supra. Where opposition is relevant to recognition and no committee
member indicates opposition to the measure, any Member may be
recognized in opposition. 7 Cannon Sec. 958.
Effect of Failure to Seek Recognition
Although members of the committee reporting a bill under
consideration have preference in recognition, a member may lose such
preference if recognition is not sought in a timely manner. Deschler-
Brown Ch 29 Sec. 13.13. The Chair may recognize another on the basis
that the committee member is not actively seeking recognition.
Deschler-Brown Ch 29 Sec. 13.14.
Sec. 7 . Right of Member in Control
Where a Member has been placed in charge of a bill by the
reporting committee, or has been so designated by a special order of
business from the Committee on Rules, the Member named as manager is
recognized to call up the measure. Clause 3(a) of rule XVII; Deschler-
Brown Ch 29 Sec. 27.1; 110-1, Jan. 18, 2007, p 1624. Preference in
recognition is accorded to the manager over other Members. Clause 3(a)
of rule XVII; Deschler-Brown Ch 29 Sec. 24.1. This priority in
recognition of the Member in charge prevails in both the House and in
the Committee of the Whole. Clause 3(a) of rule XVII; Deschler-Brown
Ch 29 Sec. Sec. 12.10, 14.3.
The Member in charge of the bill also is entitled at all stages to
priority in recognition for allowable motions intended to expedite the
bill, from the time of its first consideration to the time of
consideration of Senate amendments and conference reports. 2 Hinds
Sec. Sec. 1451, 1452, 1457; 6 Cannon Sec. Sec. 300, 301. For example,
the Member who has been recognized to call up a measure in the House
has priority in recognition to move the previous question thereon,
even over the chair of the committee reporting that measure. Manual
Sec. 953.
The fact that a Member has the floor on one matter does not
necessarily entitle such Member to priority in recognition on a motion
relating to another matter. 2 Hinds Sec. 1464. Before the Member in
charge has begun debate, a Member proposing a preferential motion is
entitled to recognition. 5 Hinds Sec. Sec. 5391-5395. However, once
debate has begun, a Member may not deprive the Member in charge of the
floor by offering a debatable motion of higher privilege than the
pending motion. Manual Sec. 953; 2 Hinds Sec. Sec. 1460-1463; 6 Cannon
Sec. Sec. 297-299; 8 Cannon Sec. Sec. 2454, 3183, 3193, 3197, 3259.
Sec. 8 . Right to Open and Close General Debate
Generally
Clause 3(a) of rule XVII provides that the Member reporting a
measure from a committee is entitled to open and close general debate
on that measure. Manual Sec. 958. Otherwise, clause 3(b) of rule XVII
precludes a Member from speaking twice on the same question without
leave of the House. Manual Sec. 959. Under the modern practice,
however, where a special order of business places the control of
debate in a ``manager,'' or divides the time between the chair and
ranking minority member of the committee reporting the measure, those
controlling the time may yield to other Members as often as they
desire, and are not restricted by this rule. Manual Sec. 959. The
minority member controlling one-half of the time must consume it or
yield it back before the closing of debate. Deschler-Brown Ch 29
Sec. 24.19. A majority manager of the bill who represents the primary
committee of jurisdiction is entitled to close general debate (in this
case, as against another manager representing an additional committee
of jurisdiction). Manual Sec. 958.
The manager of a bill for purposes of closing general debate may
be the chair of the reporting committee or a designated majority
member of that committee. Deschler-Brown Ch 29 Sec. Sec. 7.3, 7.4.
The right of the manager to open and close general debate under
clause 3 of rule XVII is recognized in both the House and the
Committee of the Whole. Deschler-Brown Ch 29 Sec. 7.4.
Rights of Proponents
The manager of a bill in control of the time, and not its
proponent, is ordinarily entitled to close general debate. Deschler-
Brown Ch 29 Sec. 7.4. Where existing law provides that general debate
in the Committee of the Whole on a joint resolution shall be equally
divided and controlled by proponents and opponents, a proponent has
the right to open and close general debate. 99-1, Apr. 23, 1985, p
8964. Where a joint resolution having no ``sponsor'' and having not
been referred to a committee was made in order by a special order of
business, its proponent was recognized to open and close general
debate, there being no other ``manager'' of the pending resolution.
99-2, Apr. 16, 1986, pp 7611, 7629.
Sec. 9 . --To Close Debate on Amendments
Recognition of Manager of Bill for Motion to Close Debate
In the Committee of the Whole, the Member managing the bill is
entitled to priority in recognition to move to close debate on a
pending amendment over other Members who desire to debate the
amendment or to offer amendments thereto. Deschler-Brown Ch 29
Sec. 78.9.
Recognition of Manager of Bill for Closing Controlled Debate on an
Amendment
Under clause 3(c) of rule XVII, a manager of a bill (including a
minority manager) or other representative of the committee in
opposition to, and not the proponent of, an amendment has the right to
close debate on an amendment on which debate has been limited and
allocated under the five-minute rule in Committee of the Whole. This
principle prevails even where the manager of the bill is the proponent
of a pending amendment to the amendment. Manual Sec. 959.
The Chair will assume that the manager of a measure controlling
time in opposition to an amendment is representing a committee of
jurisdiction, even where the measure called up is unreported, where an
unreported compromise text is made in order as original text in lieu
of committee amendments or where the committee reported the measure
without recommendation. Where the pending text includes a provision
recommended by a committee of sequential referral, a member of that
committee is entitled to close debate against an amendment thereto.
Where the rule providing for the consideration of an unreported
measure designates managers who do not serve on a committee of
jurisdiction, those managers are entitled to close controlled debate
against an amendment thereto. The majority manager of the bill may be
recognized to control time in opposition to an amendment thereto,
without regard to the party affiliation of the proponent, where the
special order of business allocates control to ``a Member opposed.''
The right to close debate in opposition to an amendment devolves to a
member of the committee of jurisdiction who derived debate time by
unanimous consent from a manager who originally had the right to close
debate. The proponent of a first-degree amendment who controls time in
opposition to a second-degree amendment that favors the original bill
over the first-degree amendment does not qualify as a ``manager''
within the meaning of clause 3(c) of rule XVII in so opposing. Manual
Sec. 959.
Recognition of Proponent of Amendment
Under certain circumstances, the proponent of an amendment may
close debate where the amendment is not opposed by a manager. For
example, the proponent may close debate where neither a committee
representative nor a Member assigned a managerial role by the
governing special order of business opposes the amendment. Where a
committee representative is allocated control of time in opposition to
an amendment, not by recognition from the Chair but by a unanimous-
consent request of a third Member who was allocated the time by the
Chair, then the committee representative is not entitled to close
debate as against the proponent. Similarly, the proponent of the
amendment may close debate where no representative from the reporting
committee opposes an amendment to a multijurisdictional bill; where
the measure is unreported and has no ``manager'' under the terms of a
special order of business; or where a measure is being managed by a
single reporting committee and the Member controlling time in
opposition, though a member of a committee having jurisdiction over
the amendment, does not represent the reporting committee. Manual
Sec. 959.
C. Recognition on Particular Questions
Sec. 10 . In General; As to Bills
Under long-standing practice, special orders of business give
control of general debate in the House or in the Committee of the
Whole to the chair and ranking minority member of the reporting
committee(s), and recognition is extended accordingly. In the absence
of the chair and ranking minority member designated by the rule, the
Chair recognizes the next ranking majority and minority members for
control of such debate, who may either be informally designated during
a temporary absence upon informing the Chair or, in the House, who may
be formally designated by unanimous consent for the remainder of the
debate. Deschler-Brown Ch 29 Sec. 9.4. If, on the other hand, the
proposition has been brought directly before the House independently
of a committee, the proponent who calls up the measure is entitled to
priority in recognition for motions and debate. 2 Hinds
Sec. Sec. 1446, 1454; 8 Cannon Sec. 2454.
For a discussion of recognition to offer amendments, see
Amendments. For a discussion of recognition for parliamentary
inquiries and points of order, see Points of Order; Parliamentary
Inquiries.
Discharged Bills
If a bill has not been reported from committee, but is before the
House pursuant to a motion to discharge, the proponents of that motion
are entitled to priority in recognition for the purpose of managing
the bill. Deschler-Brown Ch 29 Sec. 27.5. For a discussion of
recognition of Members for debate on the motion, see clause 2 of rule
XV; Manual Sec. 892; Discharging Measures from Committees. In
recognizing a Member to control time for debate in opposition to a
discharged bill, the Chair recognizes the chair of the committee
having jurisdiction of the subject matter if opposed. Deschler-Brown
Ch 29 Sec. 25.16.
Measures Called Up by Unanimous Consent
Where a measure is called up in the House pursuant to a unanimous-
consent agreement that does not specify the debate time, the Member
calling up the bill is recognized for one hour, and amendments may not
be offered by other Members unless yielded to for that purpose or
unless a motion for the previous question is rejected. Deschler-Brown
Ch 29 Sec. 24.24. By contrast, a measure called up in the House as in
the Committee of the Whole is considered under the five-minute rule.
For the Speaker's policy of conferring recognition for unanimous-
consent requests for the consideration of certain measures, see
Unanimous-Consent Agreements.
Sec. 11 . For Motions
As noted in section 7, supra, the Member in charge of a bill is
entitled at all stages to priority in recognition for allowable
motions intended to expedite the bill, subject to a determination by
the Chair that another Member has a motion of higher precedence. Thus,
where one Member moves a call of the House, and another Member
immediately moves to adjourn, the Chair will recognize the latter
because the motion to adjourn is of higher privilege. 8 Cannon
Sec. 2642. If a preferential motion is debatable, a Member must offer
it before the other Member has begun debate. This is so because a
Member may not, by attempting to offer a preferential motion, deprive
another Member, who has begun to speak, of the floor. 8 Cannon
Sec. 3197.
A Member may lose the right to the floor if neglecting to claim it
before another Member with a preferential motion has been recognized.
2 Hinds Sec. 1435. A Member desiring to offer a motion must actively
seek recognition from the Chair before another motion to dispose of
the pending question has been adopted. The fact that the Member may
have been standing at that time is not sufficient to secure
recognition. Deschler-Brown Ch 29 Sec. 8.19. Moreover, the mere
offering of a motion does not confer recognition. Where another Member
has shown due diligence, such Member may be recognized. Deschler-Brown
Ch 29 Sec. 23.2. The first half of a voice vote having been taken, a
Member may still be recognized for a proper motion before the second
half of the voice vote occurs. 109-2, June 22, 2006, p 12299; see also
Manual Sec. 490.
For treatment of recognition to offer particular kinds of motions,
see Previous Question, Suspension of Rules, Unanimous-Consent
Agreements, and other chapters dealing with specific motions.
Sec. 12 . Of Opposition After Rejection of Motion
Generally
Where an essential motion by the Member in charge of a measure is
defeated, the right to priority in recognition passes to a Member
opposed, as determined by the Speaker. Manual Sec. 954; 2 Hinds
Sec. Sec. 1465-1468; Deschler-Brown Ch 29 Sec. 15.6. Thus, where a
motion for the previous question is rejected on a pending resolution,
the Chair recognizes the Member perceived by the Chair to have led the
opposition to that motion. 6 Cannon Sec. 308; Deschler-Brown Ch 29
Sec. 15.11. Recognition of that Member is not precluded by the fact
that such Member was previously recognized and offered an amendment
that was ruled out on a point of order. 91-1, Jan. 3, 1969, p 27.
The principle that the defeat of an essential motion offered by
the Member in charge causes recognition to pass to the opposition is
applicable in the following instances:
House rejects a motion to lay an adversely reported resolution
of inquiry on the table. Deschler-Brown Ch 29 Sec. 15.3.
House rejects a motion for the previous question on a
resolution reported from the Committee on Rules. Deschler-Brown
Ch 29 Sec. 15.14.
House rejects a motion for the previous question on a
resolution relating to the seating of a Member-elect. Deschler-
Brown Ch 29 Sec. 15.15.
House rejects a motion for the previous question on a
resolution to discipline a Member of the House. 6 Cannon
Sec. 236.
House rejects a motion for the previous question on a
resolution providing for adoption of rules. 6 Cannon Sec. 308.
House rejects a motion for the previous question on a motion
to recommit. 107-2, Feb. 27, 2002, p 2083.
House rejects a motion to dispose of a Senate amendment
reported from conference in disagreement. Manual Sec. 954.
(Recognition passes to opposition for disposition of that
Senate amendment only.)
Committee of the Whole reports a bill adversely. 4 Hinds
Sec. 4897; 8 Cannon Sec. 2430.
Committee of the Whole reports a bill with the recommendation
that the enacting clause be stricken. 8 Cannon Sec. 2629.
This principle applies only to an essential motion by the Member
in charge of the bill. A motion to postpone consideration to a day
certain is not an essential motion, the defeat of which would require
recognition to pass to a Member opposed. Deschler-Brown Ch 29
Sec. 15.2. The mere defeat of an amendment proposed by the Member in
charge does not always cause the right to priority in recognition to
pass to the opponents. 2 Hinds Sec. 1478. In any case, the recognition
for a motion by a Member in opposition may be preempted by a motion of
higher precedence. Manual Sec. 954.
Effect of Rejection of Motion for Previous Question on Conference
Report or Rejection of Conference Report
The right to priority in recognition ordinarily passes to a Member
of the opposition when the House refuses to order the previous
question on a conference report, because control passes to the
opposition upon rejection of the motion for the previous question. 2
Hinds Sec. Sec. 1473, 1474; 5 Hinds Sec. 6396. However, the
invalidation of a conference report on a point of order, although
equivalent to its rejection by the House, does not give the Member
raising the question of order the right to the floor and does not
affect the right to recognition. 6 Cannon Sec. 313; 8 Cannon
Sec. 3284. Rejection of a conference report after the previous
question has been ordered thereon does not cause recognition to pass
to a Member opposed to the report, and the manager retains control to
offer the initial motion to dispose of amendments in disagreement.
Manual Sec. 954; 2 Hinds 1477.
Sec. 13 . As to Special Orders of Business
Calling Up Special Orders of Business
Recognition to call up special order of business resolutions
reported from the Committee on Rules may be sought pursuant to the
provisions of clause 6(d) of rule XIII. Manual Sec. 861. Ordinarily,
only a member of the Committee on Rules designated to call up a
special order of business from the committee may be recognized for
that purpose. Deschler-Brown Ch 29 Sec. 18.13. Where a special order
of business has been reported by the committee and has not been called
up within the seven legislative days specified by clause 6(d),
recognition to call it up may be extended to any member of that
committee, including a minority member. Deschler-Brown Ch 29
Sec. 18.13. The Member calling up the resolution must have announced
the intention one calendar day before seeking recognition. See Manual
Sec. 861. Because calling up such a resolution is privileged, the
Speaker would be obliged to recognize for this purpose unless another
matter of equal privilege was proposed, in which case the order of
consideration would be determined pursuant to the Speaker's
discretionary power to grant recognition. Deschler-Brown Ch 29
Sec. 9.55.
Recognition for Debate
A Member recognized to call up a special order of business or
resolution by direction of the Committee on Rules controls one hour of
debate thereon and may offer one or more amendments thereto. Deschler-
Brown Ch 29 Sec. 24.26. Such Member need not have the specific
authorization of the committee to offer an amendment. Manual Sec. 858.
A resolution previously offered and debated but subsequently withdrawn
may be called up again and the Member calling it up is recognized for
a full hour. Deschler-Brown Ch 29 Sec. 18.17. Other Members may be
recognized only if yielded time. Deschler-Brown Ch 29 Sec. 29.23. The
resolution is not subject to amendment from the floor by another
Member unless the Member in charge yields for that purpose or the
House rejects a motion for the previous question. 6 Cannon Sec. 309;
Deschler-Brown Ch 29 Sec. 30.5.
Ordinarily the manager's amendments are voted on after debate and
after the previous question is ordered on the amendments and on the
resolution. 101-2, Sept. 25, 1990, p 25575.
Sec. 14 . Under the Five-Minute Rule
Generally; Effect of a Special Order of Business
Recognition of Members to offer amendments in the Committee of the
Whole under the five-minute rule is within the discretion of the Chair
and cannot be challenged on a point of order. Deschler-Brown Ch 29
Sec. 9.6. The Chair does not anticipate the order in which amendments
may be offered nor does the Chair declare in advance the order in
which Members proposing amendments will be recognized. Deschler-Brown
Ch 29 Sec. 21.3. The Chair endeavors to alternate recognition to offer
amendments between majority and minority Members (giving priority to
committee members). Manual Sec. 980. Of course, if a special order of
business reported from the Committee on Rules specifies those Members
who are to control debate, the Chair will extend recognition
accordingly. 111-2, Dec. 16, 2010, p 22417. However, where the special
order of business merely makes in order the consideration of a
particular amendment, it does not confer a privileged status on the
amendment and does not, absent legislative history establishing a
contrary intent by the Committee on Rules, alter the principle that
recognition to offer an amendment under the five-minute rule is within
the discretion of the chair of the Committee of the Whole. 95-2, May
23, 1978, p 15095. Under the modern practice, special orders of
business often provide discretionary priority in recognition to
Members who have preprinted their amendments in the Congressional
Record. See, e.g., 107-2, H. Res. 428, May 22, 2002, pp 8675, 8676. As
to the effect of special orders of business on the control and
distribution of debate time, see Consideration and Debate.
Priority of Committee Members over Noncommittee Members
Committee amendments to a pending section are considered before
the Chair entertains amendments from the floor. Deschler Ch 27
Sec. Sec. 26.1-26.3. When entertaining amendments from the floor
during the five-minute rule, the Chair follows certain guidelines as a
matter of long-standing custom. Among them is that recognition is
first accorded to members of the committee reporting the bill over
Members of the House who are not on that committee. Deschler-Brown Ch
29 Sec. 21.1. Thus, the Chair normally will recognize a member of a
committee reporting a bill to offer a substitute for an amendment
before recognizing a noncommittee member, although that committee
member may have been recognized separately to debate the original
amendment. Deschler-Brown Ch 29 Sec. 13.20. Members of the committee
reporting a pending bill are entitled to priority in recognition over
noncommittee members, without regard to their party affiliation. Thus
the Chair may accord priority in recognition to minority members of
the reporting committee over majority noncommittee members to offer
amendments. Deschler-Brown Ch 29 Sec. 13.11.
Priorities as Between Committee Members
In bestowing recognition under the five-minute rule, the Chair
gives preference to the chair and ranking minority member of the
committee reporting the bill under consideration. Deschler-Brown Ch 29
Sec. 12.12. Thereafter, the Chair endeavors to alternate between
majority party and minority party members of the reporting committee.
Manual Sec. 981. Priority in recognition to offer amendments is
extended to members of the full committee reporting the bill
(typically in order of seniority), and the Chair does not accord
priority in recognition to members of the subcommittee that considered
the bill over other members of the full committee. Deschler-Brown Ch
29 Sec. 13.6. However, in five-minute debate on appropriation bills
the Chair has the discretion to recognize members of the subcommittee
handling the bill first, and then recognize members of the full
committee. Deschler-Brown Ch 29 Sec. 12.8.
Sec. 15 . --Under Limited Five-Minute Debate
The House may, by unanimous consent, agree to limit or extend
debate under the five-minute rule in the Committee of the Whole,
whether or not that debate has commenced. In the Committee of the
Whole, debate under the five-minute rule may be limited by the
Committee by unanimous consent or, after preliminary debate, by
motion. See Consideration and Debate. When such a limitation has been
agreed to, the general rules of recognition applied under the five-
minute rule are considered abrogated. Deschler-Brown Ch 29 Sec. 22.14.
Decisions regarding recognition during the remaining time, a division
of time not having been ordered as part of the limitation, are largely
within the discretion of the Chair. Deschler-Brown Ch 29 Sec. 22.15.
The Chair has the discretion to either (1) permit continued debate
under the five-minute rule, (2) allocate the remaining time among
those desiring to speak, or (3) divide the time between a proponent
and an opponent to be yielded by them (which has become the prevailing
practice). Manual Sec. 987. The order in which Members desiring to
speak are recognized is also within the discretion of the Chair. The
Chair may take into account such factors as their committee status,
whether they have amendments at the desk, and their seniority.
Deschler-Brown Ch 29 Sec. 22.12.
Sec. 16 . As to House-Senate Conferences
Recognition to Seek a Conference
A motion to send a measure to conference is authorized by clause 1
of rule XXII. Manual Sec. 1069; see Conferences Between the Houses.
The motion is in order if the appropriate committee has authorized the
motion and the Speaker chooses to recognize for that purpose.
Deschler-Brown Ch 29 Sec. 17.1. The Speaker will not recognize for the
motion where the Senate amendment in question has been referred to the
House committee or committees with jurisdiction and they have not yet
had the opportunity to consider the amendment. Manual Sec. 1070.
Recognition for debate and control of debate time on the motion,
see Conferences Between the Houses.
Motions to Instruct Conferees
Recognition to offer an initial motion to instruct House conferees
on a measure being sent to conference is the prerogative of the
minority. The Speaker recognizes the ranking minority member of the
committee reporting the bill if that member seeks recognition to offer
the motion after the request or motion to go to conference is agreed
to and before the Speaker's appointment of conferees. Deschler-Brown
Ch 33 Sec. 11.1. Where two minority members of the committee that has
reported a bill seek recognition to offer a motion to instruct
conferees pending their appointment by the Speaker, the Chair will
recognize the highest ranking minority member of that committee.
Manual Sec. 541.
If a motion for the previous question is voted down on a motion to
instruct the managers on the part of the House, the motion is open to
amendment and the Speaker may recognize a Member who was opposed to
ordering the previous question to control the time and offer an
amendment. Deschler Ch 23 Sec. 23.7.
For recognition for debate and control of debate time on a motion
to instruct, see Conferences Between the Houses.
Calling Up Conference Reports
A conference report is normally called up for consideration in the
House by the senior majority manager on the part of the House, and
such Member may be recognized to do so even if such Member did not
sign the report and in fact was opposed to it. Deschler-Brown Ch 29
Sec. 17.7. If the senior House conferee cannot be present on the floor
to call up the report, the Speaker may recognize a junior majority
member of the conference committee. Deschler-Brown Ch 29 Sec. 27.6.
The Speaker also may extend recognition to call up the report to the
conferee who serves as chair or ranking majority member of a committee
with jurisdiction. 6 Cannon Sec. 301; Deschler-Brown Ch 29 Sec. 27.7.
Where a conference consists of conferees appointed from more than one
committee, the conference report may be called up by the chair of a
committee that was not the primary committee in the House. 97-2, Dec.
21, 1982, pp 33299, 33300.
For recognition to dispose of amendments between the Houses or for
debate thereon, see Senate Bills; Amendments Between the Houses.