[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 4.  House Facilities and Capitol Grounds]
[A. Introductory]
[Â§ 4. Admission to House Floor]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 277-285]
 
                               CHAPTER 4
 
                  House Facilities and Capitol Grounds
 
                            A. INTRODUCTORY
 
Sec. 4. Admission to House Floor

    House Rule XXXII clause 1(10) enumerates those persons 
entitled to be admitted to the floor or rooms leading 
thereto,(11) while the House is in session:
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10. House Rules and Manual Sec. 919 (1973).
11. See Sec. 4.1, infra.
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        1. The persons hereinafter named, and none other, shall be 
    admitted to the Hall of the House or rooms leading thereto, viz: 
    The President and Vice President of the United States and their 
    private secretaries, judges of the Supreme Court, Members of 
    Congress and Members-elect, contestants in election cases during 
    the pendency of their cases in the House, the Secretary and 
    Sergeant-at-Arms of the Senate, heads of departments, foreign 
    ministers, governors of States, the Architect of the Capitol, the 
    Librarian of Congress and his assistant in charge of the Law 
    Library, the Resident Commissioner to the United States from Puerto 
    Rico, each Delegate to the House, such persons as have, by name, 
    received the thanks of Congress, ex-Members of the House of 
    Representatives who are not interested in any claim or directly in 
    any bill pending before Congress, elected officers and elected 
    minority employees of the House (other than Members), the 
    Parliamentarian and former Parliamentarians of the House, former 
    elected officers and former elected minority employees of the House 
    (other than ex-Members) who are not interested in any claim or 
    directly in any bill pending before Congress, and clerks of 
    committees when business from their committee is under 
    consideration; and it shall not be in order for the Speaker to 
    entertain a request for the suspension of this rule or to present 
    from the chair the request of any Member for unanimous consent.

Rule XXXII clause 2 sets forth the conditions under which persons may 
be admitted to the floor when the House is not in session:

        There shall be excluded at all times from the Hall of the House 
    of Representatives and the cloakrooms all persons not entitled to 
    the privilege of the floor during the session, except that until 
    fifteen minutes of the hour of the meeting of the House persons 
    employed in its service, accredited members of the press entitled 
    to admission to the press gallery, and other persons on request of 
    Members, by card or in writing, may be admitted.
The provision that prohibits the Speaker(12) from 
entertaining a request for the suspension of Rule XXXII has been 
rigidly enforced during regular sessions.(13)
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12. This provision in Rule XXXII clause 1 is equally applicable to the 
        Chairman of the Committee of the Whole. 5 Hinds' Precedents 
        Sec. 7285.
13. See Sec. 4.2, infra; 5 Hinds' Precedents Sec. 7284.

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[[Page 278]]

    On the occasion of ceremonies, however, the provision is construed 
more broadly.(14)
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14. Illustrative of this point is an occurrence described in 5 Hinds' 
        Precedents Sec. 7290. On Dec. 19, 1894, Speaker Charles F. 
        Crisp (Ga.) submitted a unanimous-consent request that a State 
        Governor and his staff be admitted to the floor during a 
        ceremony the following day, despite the provision in Rule XXXII 
        that prohibits submission of such requests. The Speaker 
        considered the rule to apply only when the House was engaged in 
        the transaction of ordinary business.
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    At joint meetings of Congress, although Rule XXXII is observed, it 
is recognized under the customs and practices of the House that one of 
the purposes of a joint meeting is to permit selected people who do not 
have floor privileges to come upon the floor.(15)
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15. See Sec. 4.4, infra. But see 5 Hinds' Precedents Sec. 9272, which 
        states that the rule relating to admission to the floor does 
        not apply to joint sessions of the two Houses.
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    Several of the classes of persons entitled to floor privileges 
under Rule XXXII have been further defined in rulings by the Chair. 
``Contestants'' in election contests have been granted the privilege of 
the House floor even though they were not themselves candidates in the 
general election.(16) A concurrent resolution expressing the 
thanks of Congress does not entitle the recipient to floor privileges 
under Rule XXXII. The expression of thanks must be in the form of an 
act of Congress,(17) and the recipient must be 
named.(18) The type of interest in the legislation under 
consideration that is sufficient to disqualify an ex-Member from the 
privilege of the floor has been interpreted on several 
occasions.(19)
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16. See Sec. 4.5, infra.
17. See Sec. 4.6, infra.
18. 8 Cannon's Precedents Sec. 3638.
19. Speaker Sam Rayburn (Tex.) held that employment by an organization 
        with a direct interest in the legislation under consideration 
        was sufficient. For an interpretation of this provision by a 
        committee of Congress, see 5 Hinds' Precedents Sec. 7289.
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    The rule has been interpreted so as to exclude from the privilege 
of the floor clerks other than those employed by the committee in 
charge of the bill under consideration.(20) Similarly, floor 
privileges are not extended to employees of

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an executive department who have assisted the committee in the 
preparation of the bill under consideration.(1) United 
States Senators have been held not to possess the privilege of 
addressing the House, although they may be present on the House 
floor.(2)
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20. 8 Cannon's Precedents Sec. 3636.
                 Rule XXXII, which permits clerks of committees access 
        to the floor during the consideration of business from their 
        committee, has been interpreted by the Speaker to allow only a 
        limited number of clerks on the floor at one time. 118 Cong. 
        Rec. 20318, 92d Cong. 2d Sess., June 8, 1972.
 1. 6 Cannon's Precedents Sec. 579.
 2. See Sec. 4.8, infra.
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    In addition to the floor privileges granted under Rule XXXII, 
certain representatives of the press and broadcast media may be 
admitted to the floor under House Rule XXXIV:

        2. . . . [A]nd the Speaker may assign one seat on the floor to 
    Associated Press reporters and one to United Press International, 
    and regulate the occupation of the same. And the Speaker may admit 
    to the floor, under such regulations as he may prescribe, one 
    additional representative of each press association.(3)
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 3. House Rules and Manual Sec. 930a (1973).
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        3. . . . [A]nd the Speaker may admit to the floor, under such 
    regulations as he may prescribe, one representative of the National 
    Broadcasting Company, one of the Columbia Broadcasting System, one 
    of the Mutual Broadcasting System, and one of the American 
    Broadcasting Company.(4)
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 4. Id.
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    The House may grant to someone not entitled to floor privileges 
under the House rules the rare honor of special admission to the 
privileges of the floor for a regular session of the House. This has 
been done, however, only on several early occasions.(5)
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 5. On Feb. 10, 1870, the privileges of the floor for a day were 
        extended to John Kitts, a Revolutionary War soldier, who had 
        seen the surrender of Cornwallis. 5 Hinds' Precedents 
        Sec. 7293. On Jan. 8, 1844, the House extended the privileges 
        of the floor to the widow of President Madison. 5 Hinds' 
        Precedents Sec. 7081.
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    The Doorkeeper, as part of his general duties,(6) 
enforces strictly the rules relating to the privileges of the Hall of 
the House(7) and allows no person to enter the room over the 
Hall while the House is in session.(8)
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 6. For a more detailed discussion of the duties of the Doorkeeper, see 
        Ch. 6, infra.
 7. Rule V clause 1, House Rules and Manual Sec. 651 (1973).
 8. Rule V clause 2, House Rules and Manual Sec. 653 (1973).
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    He also sees that the floor is cleared of all persons without floor 
privileges 15 minutes before each meeting of the House and for 10 
minutes after adjournment.(9)
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 9. Rule V clause 2, House Rules and Manual Sec. 653 (1973).
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    An alleged violation of the rules relating to admission to the 
floor presents a question of privilege.(10)
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10. 6 Cannon's Precedents Sec. 579.3 Hinds' Precedents Sec. Sec. 2624-
        25.

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[[Page 280]]

                          -------------------Rooms Adjacent to Floor

Sec. 4.1 Persons who are not entitled to floor privileges under Rule 
    XXXII may not be admitted to the ``Hall of the House or rooms 
    leading thereto,'' which include the cloakroom and the Speaker's 
    lobby.

    On Oct. 2, 1945,(11) the following proceedings occurred:
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11. 91 Cong. Rec. 9251, 79th Cong. 1st Sess.
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        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker:(12) The gentleman will state it.
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12. Sam Rayburn (Tex.).
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        Mr. Keefe: Mr. Speaker, rule XXXII of the Rules of the House of 
    Representatives reads, in part:

            The persons hereinafter named and none other shall be 
        admitted to the halls of the House or rooms leading thereto. . 
        . .

        . . . [D]oes the language ``or rooms leading thereto'' include 
    the lobby and reading room adjacent to the House floor?
        The Speaker: The Chair may say to the gentleman from Wisconsin 
    [Mr. Keefe] that the present occupant of the Chair has always been 
    very jealous of all the rules of the House, and especially this 
    one.
        The Chair thinks that no person who is not named in the rule 
    should have the privilege of the floor of the House of 
    Representatives or to the cloakroom or to the Speaker's lobby, so-
    called, where Members and the newspaper folk and others that are 
    privileged to be in there confer.

Suspension of Rule Relative to Floor Privileges

Sec. 4.2 The Chair may not entertain a request to suspend Rule XXXII, 
    which enumerates those persons entitled to admission to the House 
    floor.

    On Mar. 25, 1940,(13) prior to the consideration of a 
bill to provide revenue for the District of Columbia, the following 
unanimous-consent request was made:
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13. 86 Cong. Rec. 3359, 76th Cong. 3d Sess.
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        Mr. [Jack] Nichols [of Oklahoma]: . . . First, Mr. Speaker, I 
    ask unanimous consent that an expert who has aided this committee 
    in the preparation of this bill be permitted to sit at the 
    committee table.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Reserving the 
    right to object, Mr. Speaker, I am afraid this would be 
    establishing quite a precedent. It is contrary to the rules of the 
    House.
        Mr. Nichols: I may say to the gentleman from Massachusetts that 
    when similar bills were considered on two previous occasions on the 
    floor of the House the same request was made and agreed to. 
    Certainly there is precedent for such action in the House.
        The Speaker:(14) The Chair observes that under the 
    rules the Chair cannot entertain such a request.
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14.  William B. Bankhead (Ala.).

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[[Page 281]]

        Mr. Nichols: Similar requests have been submitted and granted 
    when previous tax bills have been under consideration, Mr. Speaker.
        The Speaker: Rule XXXIII [now Rule XXXII], which enumerates 
    those persons entitled to the floor, provides, in part, as follows:

            It shall not be in order for the Speaker to entertain a 
        request for the suspension of this rule or to present from the 
        Chair the request of any Member for unanimous consent.

        This is the general rule relating to admission to the floor of 
    the House.
        Of course, personally, the Chair has no feeling in the matter. 
    Although it may have been done heretofore, the attention of the 
    Chair was not called to it.

Joint Sessions of Congress

Sec. 4.3 Prior to a scheduled joint meeting of Congress, the Speaker 
    frequently announces that only persons with floor privileges will 
    be admitted to the floor during the joint meeting.

    The following announcement, made by Speaker John W. McCormack, of 
Massachusetts, on Jan. 10, 1967,(15) is typical:
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15. 113 Cong. Rec. 34, 35, 90th Cong. 1st Sess. For further 
        illustrations see 111 Cong. Rec. 27, 89th Cong. 1st Sess., Jan. 
        4, 1965; 107 Cong. Rec. 1340, 87th Cong. 1st Sess., Jan. 26, 
        1961; 97 Cong. Rec. 4072, 82d Cong. 1st Sess., Apr. 18, 1951.
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        The Speaker: The Chair desires to make an announcement.
        After consultation with the majority and minority leaders, and 
    with their consent and approval, the Chair announces that at the 
    time set for the joint session to hear an address by the President 
    of the United States, only the doors immediately opposite the 
    Speaker and those on his left and right will be open. No one will 
    be allowed on the floor of the House who does not have the 
    privileges of the floor of the House. The Chair suggests that ex-
    Members of the House seat themselves in the folding chairs so that 
    sitting Members may find their accustomed places in the Chamber.

    Parliamentarian's Note: On Apr. 14, 1948, Speaker Joseph W. Martin, 
Jr., of Massachusetts, addressed a letter to all Members of the House 
suggesting that they refrain from attempting to bring children or 
relatives on the floor, during the upcoming celebration of the 50th 
anniversary of the liberation of Cuba.

Sec. 4.4 Although Rule XXXII, which enumerates those persons entitled 
    to floor privileges, is observed at joint meetings of Congress, it 
    is recognized that under the customs and practices of the House, 
    one of the purposes of a joint meeting is to permit people who do 
    not have the privilege of the floor to come upon the floor.

[[Page 282]]

    On Feb. 24, 1970,(16) the following parliamentary 
inquiry was raised:
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16. 116 Cong. Rec. 4546, 91st Cong. 2d Sess.
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        Mr. [Bertram L.] Podell [of New York]: Mr. Speaker, I should 
    like to make a parliamentary inquiry.
        The Speaker:(17) The gentleman will state his 
    parliamentary inquiry.
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17. John W. McCormack (Mass.).
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        Mr. Podell: I should like to know whether or not on tomorrow, 
    at 12:30, during the address by President Pompidou to the joint 
    meeting of the House of Representatives and the Senate, whether 
    Rule 32 of the Rules of the House of Representatives relating to 
    admissions to the floor will be recognized, or whether those rules 
    will be suspended?
        The Speaker: The answer to that is that the rule will be 
    recognized, but the purpose of the joint meeting is to receive the 
    visitor who will come to the House Chamber. The Chair will follow 
    the rules of the House.
        Mr. Podell: Mr. Speaker, a further parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Podell: I should like to know whether or not rule 32, which 
    relates to the restriction of those people to be admitted to the 
    floor, will be observed tomorrow, or whether it will be suspended 
    because it is a joint meeting or because the House is in recess?
        The Speaker: The Chair will state that one of the purposes of a 
    joint meeting is to permit people who do not have the privilege of 
    the floor to come upon the floor.
        Mr. Podell: . . . I shall read to you [rule] 32 of the Rules of 
    the House of Representatives relating to admission to the floor.
        The persons hereinafter named, and none other, shall be 
    admitted to the Hall of the House or rooms leading thereto, viz: 
    The President and Vice President of the United States and their 
    private secretaries, judges of the Supreme Court, Members of 
    Congress and Members-elect. . . .
        It continues on with a few more categories, and it says that no 
    other person shall be admitted to the floor and the Speaker may not 
    request such permission under the appropriate provisions.
        The Speaker: In further response to the gentleman's inquiry, 
    the Chair will follow the customs and the practices of the House 
    when there is a joint meeting taking place.

Contestants in Election Contests

Sec. 4.5 On one occasion challengers in an election contest were 
    considered to be ``contestants'' who were entitled to floor 
    privileges pursuant to Rule XXXII during the pendency of their 
    case, even though they had not been candidates in the election in 
    which the sitting Members were re-elected.

    Parliamentarian's Note: On Sept. 16, 1965, three of the five 
representatives of the Mississippi Freedom Democratic Party who

[[Page 283]]

were contesting the re-election of the five sitting Members of the 
House from Mississippi, requested permission from the Speaker to be 
present on the floor the following day for the debate relative to their 
cases. Under Rule XXXII, ``contestants in election cases during the 
pendency of their cases in the House''(18) are entitled to 
floor privileges. Since none of the challengers had been actual 
candidates in the congressional elections the previous November, 
however, their status as ``contestants'' within the meaning of Rule 
XXXII was in doubt. The challengers had been defeated in the Democratic 
primary, and state law had not permitted them to be candidates in the 
general election. They alleged that the State of Mississippi had 
systematically excluded blacks from the electoral process, and that the 
election was therefore without constitutional validity. The 
Speaker(19) noting that both the resolution dismissing the 
election contests (H. Res. 585) and the report of the Committee on 
House Administration (H. Rept. No. 1008, 89th Cong. 1st Sess. [1965]), 
referred to the petitioners as contestants, ruled that they were 
``contestants'' within the meaning of Rule XXXII, and were therefore 
entitled to be present on the floor during the consideration of their 
challenges.(20)
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18. Rule XXXII clause 1, House Rules and Manual Sec. 919 (1973).
19. John W. McCormack (Mass.).
20. For a Member's statement during the debate on the resolution 
        dismissing the election contests acknowledging the presence of 
        the three contestants on the floor, see 111 Cong. Rec. 24267, 
        24268, 89th Cong. 1st Sess., Sept. 17, 1965.
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Recipients of Congressional Appreciation

Sec. 4.6 A concurrent resolution expressing the thanks of Congress, 
    because it is not an act of Congress, is not sufficient to bestow 
    floor privileges, under Rule XXXII.

    Parliamentarian's Note: The House, on July 20, 1962,(1) 
and the Senate, three days later,(2) passed a concurrent 
resolution (H. Con. Res. 347) expressing the thanks of Congress to 
General of the Army, Douglas MacArthur. In response to an informal 
inquiry, the Parliamentarian, on Aug. 10, 1962, informed a Member that 
while Rule XXXII extends floor privileges to ``such persons as have, by 
name, received the

[[Page 284]]

thanks of Congress,''(3) the concurrent resolution passed in 
favor of General MacArthur was not an act of Congress and did not 
bestow the privilege.
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 1. 108 Cong. Rec. 14329, 87th Cong. 2d Sess.
 2. 108 Cong. Rec. 14528, 87th Cong. 2d Sess., July 23, 1962.
 3. Rule XXXII clause 1, House Rules and Manual Sec. 919 (1973).
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Ex-Members of the House

Sec. 4.7 An ex-Member who has a direct interest in a bill pending 
    before Congress or who is in the employ of an organization with 
    such an interest may not enjoy the privilege of the floor during 
    pendency thereof that is normally afforded ex-Members by Rule 
    XXXII.

    On Oct. 1, 1945, a former Member, Winder Harris, was present at the 
majority table while the House was considering a ship-sales bill. 
[Parliamentarian's Note: Winder Harris was at the time an officer in a 
ship-building firm.] The following day,(4) the propriety of 
his presence was questioned:
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 4. 91 Cong. Rec. 9251, 79th Cong. 1st Sess., Oct. 2, 1945.
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        Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker:(5) The gentleman will state it.
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 5. Sam Rayburn (Tex.).
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        Mr. Keefe: Mr. Speaker, rule XXXII of the Rules of the House of 
    Representatives reads, in part:

            The persons hereinafter named and none other shall be 
        admitted to the halls of the House or rooms leading thereto.

    Then follows a list of those permitted, including:

            Ex-Members of the House of Representatives who are not 
        interested in any claim or directly in any bill pending before 
        the Congress.

        . . . [D]oes the quoted rule bar from the halls of the House or 
    rooms leading thereto ex-Members of Congress who are in the employ 
    of organizations, corporations, or individuals that have a direct 
    interest in the defeat or passage of a bill pending and under 
    debate in the House?
        The Speaker: The Chair may say to the gentleman from Wisconsin 
    [Mr. Keefe] that the present occupant of the chair has always been 
    very jealous of all the rules of the House, and especially this 
    one. The Chair thinks that not even an ex-Member of Congress when 
    he has a bill he is personally interested in that is coming up for 
    consideration in the House nor any ex-Member of the House who is in 
    the employ of an organization that has legislation before the 
    Congress should be allowed the privilege of the House or the rooms 
    that . . . constitute a part of the House of Representatives.

United States Senators

Sec. 4.8 Since United States Senators have the privilege of the floor, 
    but not the privilege of addressing the House, the Speaker will not 
    recognize a Member who wishes to

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    request unanimous consent for consideration of a resolution 
    inviting Members of the Senate to address the House; such a 
    resolution will be referred to the proper committee.

    On Oct. 11, 1943,(6) after several Members expressed a 
desire that the House invite five Members of the Senate, who had just 
returned from the war fronts to address the House, Speaker Sam Rayburn, 
of Texas, made a statement on the subject, which was followed by 
several clarifying parliamentary inquiries:
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 6. 89 Cong. Rec. 8197, 8198, 78th Cong. 1st Sess.
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        The Chair does not intend to recognize a Member to ask 
    unanimous consent for the present consideration of a resolution 
    inviting Senators to address the House in open or executive 
    session, because the Chair thinks that is tantamount to an 
    amendment to the rules of the House and, therefore, is a matter for 
    the House to determine. If resolutions like that are introduced, 
    they will be sent to the proper committee.
        Mr. [John E.] Rankin [of Mississippi]: A parliamentary inquiry, 
    Mr. Speaker.
        The Speaker: The gentleman will state it.
        Mr. Rankin: Of course, the Speaker has a right to refuse to 
    recognize me for that purpose, but I think if the Speaker will 
    investigate the rules he will find that we have a right to invite 
    those men to come here to address the Members in the House.
        The Speaker: The Chair has already investigated that and finds 
    it is otherwise. Members of the Senate have the privilege of the 
    floor, but they do not have the privilege of addressing the House 
    of Representatives.
        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Speaker, a 
    parliamentary inquiry.
        The Speaker: The gentleman will state it.
        Mr. Hoffman: Would it be within the rules to have a recess, as 
    we do when foreign potentates and rulers come here, and have the 
    Senators come over and talk to us?
        The Speaker: If the House stands in recess at that time.