[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 4.  House Facilities and Capitol Grounds]
[B. House Galleries and Buildings]
[Â§ 5. Galleries]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 285-291]
 
                               CHAPTER 4
 
                  House Facilities and Capitol Grounds
 
                    B. HOUSE GALLERIES AND BUILDINGS
 
Sec. 5. Galleries


    The House rules vest in the Speaker control over the galleries in 
the House Chamber. Under Rule XXXII(7) the Speaker is 
responsible for assigning sections of the galleries. He sets aside a 
portion of the West Gallery for the President of the United States,

[[Page 286]]

cabinet members, Supreme Court Justices, foreign ministers and suites, 
and their respective families and another portion for persons to be 
admitted on the card of Members. The southerly half of the East Gallery 
is assigned for the use of Members' families. Representatives of the 
press(8) and broadcast media(9) are each entitled 
to have a portion of the gallery set aside for their use, subject to 
such regulations as the Speaker may prescribe. Supervision of these two 
portions of the gallery, including the designation of employees, is 
vested respectively in a standing committee of press correspondents and 
a second committee, the Executive Committee of the Radio and Television 
Correspondents' Gallery. Both of these committees, however, are subject 
to the direction and control of the Speaker.(10)
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 7. House Rules and Manual Sec. 922 (1973).
 8. Rule XXXII, House Rules and Manual Sec. 922 (1973).
 9. Rule XXXIV clause 3, House Rules and Manual Sec. 930a (1973).
10. Rule XXXIV clauses 2 and 3, House Rules and Manual Sec. Sec. 930 
        and 930a (1973).
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    The Speaker, when he deems it necessary to protect the Members' and 
the Houses' facilities, may order special admission cards for the 
galleries or a search of visitors.(11) As part of his 
regular duties under Rule I,(12) the Speaker preserves order 
and decorum in the galleries, and in the case of disturbance or 
disorderly conduct, he may order the galleries cleared.(13) 
When the House has resolved itself into the Committee of the Whole, the 
Chairman may exercise similar power in preserving order in the 
galleries.(14)
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11. See Sec. 5.1, infra.
12. House Rules and Manual Sec. Sec. 621-634 (1973).
13. Rule I clause 2, House Rules and Manual Sec. 622 (1973).
14. Rule XXIII clause 1, House Rules and Manual Sec. 861 (1973).
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    The Doorkeeper frequently distributes tickets for admission to the 
galleries on special occasions.(15) Sometimes the House, by 
resolution, makes a special rule for admission to the galleries on the 
occasion of the electoral count(16) or some other occurrence 
of great interest.(17)
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15. See Sec. 5.2, infra.
16. 3 Hinds' Precedents Sec. 1961.
17. 5 Hinds' Precedents Sec. 7033.
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    Rule XIV clause 8(18) prohibits a Member, while the 
House is in session, from introducing to or bringing to the attention 
of the House any occupant in the galleries. The Speaker may not 
entertain a request for the suspension of this rule by unanimous 
consent or otherwise, (19) and if it

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is violated without objection from the other Members present in the 
Chamber, he will invoke it on his own initiative.(20)
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18. House Rules and Manual Sec. 764 (1973).
19. Rule XIV clause 8, House Rules and Manual Sec. 764 (1973).
20. See Sec. 5.3, infra.
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    The rules and practices of the House do not permit visitors in the 
galleries to manifest their approval or disapproval of the proceedings 
on the floor by applause or otherwise.(1)
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 1. See Sec. 5.6, infra.
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    On occasions when circumstances have warranted it, announcements by 
the Chair admonishing visitors in the galleries not to applaud have 
usually been sufficient to restore order.(2) Under the 
customs and practices of the House, a visitor in the galleries may not, 
without authorization, photograph the House Chamber.(3) The 
Speaker may find that it is not necessary to clear the galleries when 
one visitor is violating the rule. He may just order the offending 
party to leave the House Chamber.(4)
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 2. See Sec. 5.6, infra
 3. See Sec. 3.5, supra.
 4. See Sec. 5.7, infra.                          -------------------
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Speaker's Control Over Admission of Visitors

Sec. 5.1 When the Speaker's responsibility to protect the Members and 
    the facilities require it, he may order special admission cards for 
    the galleries or a search of visitors.

    On Feb. 23, 1942,(5) Speaker Sam Rayburn, of Texas, set 
forth the reasons for ordering the issuance of new gallery admission 
cards and the search of visitors entering the galleries:
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 5. 88 Cong. Rec. 1524, 77th Cong. 2d Sess.
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        The Speaker: One of the responsibilities of the Speakership is 
    the protection of the Members and the places in which they work. 
    This responsibility, of course, is a little more anxious one right 
    now than in ordinary times, and anything that is done or any 
    regulation that is issued is issued after the best and most 
    competent advice the Speaker is able to get.
        Some time ago cards were issued and no one was allowed to come 
    into the gallery without one. These cards have been outstanding for 
    some time, and I am sorry to say they have been widely distributed, 
    many of them mailed to distant points in the country. The Chair and 
    those who advise him have decided that it is best to revoke all 
    outstanding cards of admission to the galleries. New cards have 
    been printed and will be distributed to the Members today and 
    tomorrow, as the cards to the gallery outstanding will not be 
    honored after Wednesday morning. . . .
        Another thing that those who advise me think is highly 
    advisable is that

[[Page 288]]

    the people entering any of the galleries, except the Members' 
    gallery, submit themselves to search. This is thought wise and 
    judicious by men who will be in the Capitol and who will be 
    competent for the work.
        I hope this may not seem too irksome to some of our people who 
    may come to Washington. I am willing to take this responsibility 
    for the reason that if a mishap occurs around the Capitol somebody 
    has got to take the responsibility, and I am willing to share my 
    part of it. So I hope the cards that will be issued in lieu of 
    those outstanding may be handed in Washington to visitors and 
    constituents of yours and not be mailed around the country.

    Parliamentarian's Note: Following the shooting which occurred in 
the House Chamber on Mar. 1, 1954,(6) the Speaker canceled 
all outstanding gallery admission cards, effective the day following 
the shooting. New cards were printed for distribution the following 
day, with a request being made to all Members by the Speaker that 
gallery cards be issued only to persons who could be vouched for by 
each Member issuing the new cards.
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 6. See Sec. 2, supra.
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Distribution of Gallery Tickets for Special Occasions

Sec. 5.2 The distribution of tickets for seats in the gallery for 
    special occasions is the responsibility of the Doorkeeper of the 
    House.

    On Feb. 28, 1945,(7) a Member on the minority side made 
an inquiry of the Chair concerning the allocation of gallery tickets 
for an upcoming joint session of Congress. The Member alleged that the 
majority generally receives all of the approximately 100 tickets that 
remain after each Member of the House and Senate receives one ticket. 
In response, the Speaker pro tempore(8) declared that the 
tickets are distributed in a proper and equitable way, and stated that 
the matter was the responsibility of the Doorkeeper.
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 7. 91 Cong. Rec. 1594, 1595, 79th Cong. 1st Sess.
 8. John W. McCormack (Mass.).
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Reference by Members to Visitors Present in Galleries

Sec. 5.3 It is a violation of Rule XIV clause 8 to introduce or call 
    attention to anyone in the galleries, and the Speaker, on his own 
    initiative, will invoke this provision.

    On Apr. 16, 1940,(9) the following proceedings occurred:
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 9. 86 Cong. Rec. 4589, 76th Cong. 3d Sess. For further examples see 
        110 Cong. Rec. 2264, 88th Cong. 2d Sess., Feb. 6, 1964; 109 
        Cong. Rec. 10157, 10158, 88th Cong. 1st Sess., June 4, 1963; 
        100 Cong. Rec. 12253, 83d Cong. 2d Sess., July 27, 1954.

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[[Page 289]]

        Mr. [Bernard J.] Gehrmann [of Wisconsin]: Mr. Speaker, I am 
    very proud to be able to announce that there are two children in 
    the gallery----
        The Speaker Pro Tempore:(10) The gentleman from 
    Wisconsin will suspend. The Chair calls the gentleman's attention 
    to the fact that it is a violation of the rules of the House for a 
    Member on the floor to introduce anyone in the gallery.
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10. Sam Rayburn (Tex.).
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        Mr. Gehrmann: Mr. Speaker, I beg the Chair's pardon, but I am 
    not introducing them. I just want to say that there are two 
    children who were stranded in Finland in the war zone. They got out 
    of there just before----
        The Speaker Pro Tempore: The gentleman's remarks are still a 
    violation of the rules of the House.
        Mr. Gehrmann: Mr. Speaker, it would seem that the extraordinary 
    occasion, the fact that the State Department interested itself----
        The Speaker Pro Tempore: The time of the gentleman from 
    Wisconsin has expired.

    Parliamentarian's Note: On several occasions,(11) a 
Member. in violation of Rule XIV clause 8,(12) has called 
the presence of certain visitors in the gallery to the attention of the 
House. The remarks were made without objection by other Members present 
in the Chamber, and the Speaker(13) did not invoke the rule 
because at the time he was engaged in conversation at the rostrum and 
was unable to hear the remarks.
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11. 111 Cong. Rec. 6022, 6023, 89th Cong. 1st Sess., Mar. 25, 1965; 111 
        Cong. Rec. 5637, 89th Cong. 1st Sess., Mar. 23, 1965.
12. House Rules and Manual Sec. 764 (1973).
13. John W. McCormack (Mass.).
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Sec. 5.4 It is not in order under Rule XIV clause 8 to refer to 
    visitors in the galleries, even with permission to proceed out of 
    order.

    On July 27, 1954,(14) a Member attempted to direct the 
attention of the House to a French nurse, a heroine of the Battle of 
Dien Bien Phu, who was seated in the gallery:
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14. 100 Cong. Rec. 12253, 83d Cong. 2d Sess.
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        Mr. [Walter H.] Judd [of Minnesota]: Mr. Chairman, I appreciate 
    the gentleman's courtesy in permitting this short interlude. One of 
    the things that always thrills everybody in the world is courage 
    and devotion to duty, especially when under most trying and 
    dangerous circumstances. I appreciate the opportunity to call 
    attention to the presence in our gallery----
        The Chairman:(15) The gentleman from Minnesota will 
    suspend. The Chair regrets extremely----
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15. Benjamin F. James (Pa.).
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        Mr. Judd: Mr. Chairman, I ask unanimous consent to proceed out 
    of order.
        The Chairman: The gentleman may not proceed out of order for 
    the pur

[[Page 290]]

    pose [for] which he manifestly intends to use the time. The Chair 
    regrets extremely that he must so hold under the rules of procedure 
    of the House. We are all conscious of the great heroism of the 
    person to whom the Chair knows that the gentleman wishes to allude, 
    but it is a matter of extreme regret that because of the rules of 
    the House, reference may not be made to anyone in the gallery.

Sec. 5.5 It is a violation of Rule XIV clause 8 for a Member to insert 
    in the Congressional Record a reference to visitors present in the 
    galleries.

    Parliamentarian's Note: On June 13, 1968,(16) a Member 
was given permission to address the House for one minute and revise and 
extend his remarks. In revising his statement for the Congressional 
Record, he inserted a reference to visitors who had been present in the 
galleries, and sent the statement directly to the Government Printing 
Office instead of returning it to the Official Reporters of Debate. The 
Government Printing Office was advised to contact the Official 
Reporters of Debate or the Parliamentarian in the event similar 
violations of the rules are attempted.
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16. 114 Cong. Rec. 17062, 90th Cong. 2d Sess.
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Conduct of Gallery Occupants; Sanctions

Sec. 5.6 Under the rules and practices of the House visitors in the 
    galleries may not manifest their approval or disapproval of 
    proceedings on the floor by applause or otherwise.

    On occasion it has become necessary for the Chair to admonish 
guests in the galleries that they must maintain order and refrain from 
manifestations of approval or disapproval of the proceedings on the 
floor.(17)
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17. See, e.g., 111; Cong. Rec. 27449, 91st Cong. 2d Sess., Aug. 5, 
        1970; 116 Cong. Rec. 14449, 91st Cong. 2d Sess., May 6, 1970; 
        112 Cong. Rec. 16837, 89th Cong. 2d Sess., July 25, 1966.
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    The following statement made by the Chairman of the Committee of 
the Whole, Chet Holifield, of California, on July 31, 
1969,(18) is typical:
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18. 115 Cong. Rec. 21634, 91st Cong. 1st Sess.
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        The Chair will state that visitors in the gallery are guests of 
    the House of Representatives. Under the rules and practices of the 
    House of Representatives, visitors in the gallery are not permitted 
    to make undue noise or to applaud or to in any way show their 
    pleasure or displeasure as to the actions of the Members of the 
    House.

Sec. 5.7 It is not necessary to clear the gallery when one visitor is 
    violating the rules by taking pictures; the Speaker may order the 
    of

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    fending party to leave the gallery.

    On Feb. 22, 1950,(19) a visitor with a camera was 
detected in the gallery:
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19. 96 Cong. Rec. 2152, 81st Cong. 2d Sess.
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        The Speaker:(20) The Chair understands there is a 
    camera in the gallery. Whoever has that camera will remove the 
    camera or remove themselves and the camera immediately. That is a 
    violation of the rules of the House.
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20. Sam Rayburn (Tex.).
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        Mr. [John E.] Rankin [of Mississippi]: Mr. Speaker, a 
    parliamentary inquiry. In that case, it is not the rule to clear 
    the gallery?
        The Speaker: Not necessarily.
        Mr. Rankin: To clear them of those who are violating the law.
        The Speaker: The Chair has just made that suggestion.