[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 4. House Facilities and Capitol Grounds]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 267]
CHAPTER 4
House Facilities and Capitol Grounds
[[Page 267]]
A. Introductory
Sec. 1. In General; Care, Protection and Use
Sec. 2. Demonstrations and Disturbances
Sec. 3. Hall of the House
Sec. 4. Admission to House Floor
B. House Galleries and Buildings
Sec. 5. Galleries
Sec. 6. Office Buildings
INDEX TO PRECEDENTS
Assignment of office suites to Members, Sec. 6.1
Chamber, photographs of, Sec. 3.5
Chamber, use of, Sec. 3.1
after adjournment, Sec. 3.3
Cloakroom, use of, Sec. 4.1
Floor privileges, Sec. 4.2
during election contests, Sec. 4.5
during joint sessions, Sec. 4.3
for former Members, Sec. 4.7
for recipients of congressional appreciation, Sec. 4.6
for U.S. Senators, Sec. 4.8
suspension of rule as to, Sec. 4.2
Gallery occupants, conduct of, Sec. 5.6
sanctions against, Sec. 5.6
Gallery tickets, distribution of, Sec. 5.2
Hall, use of, for purposes of entertainment, Sec. 3.2
Joint sessions, floor privileges at, Sec. 4.3
Office suites, assignment of, Sec. 6.1
Protection of Capitol by federal troops, Sec. 1.2
Select committees, operation of House facility by, Sec. 1.1
Speaker's lobby, use of, Sec. 4.1
Visitors, Speaker's control over, Sec. 5.1
Visitors in galleries, making reference to, Sec. Sec. 5.3-5.5
Visitors in House office buildings, Sec. 6.2
[[Page 269]]
CHAPTER 4
House Facilities and Capitol Grounds
A. INTRODUCTORY
Sec. 1. In General; Care, Protection and Use
The manner in which a particular facility of the House may be used
is frequently regulated by a federal statute, federal judicial
decision, House rule, or precedent of the House. The discussion in this
chapter emphasizes those facilities that are regulated by one or more
of the above. While the creation of several special select committees
to oversee the management of certain designated House facilities is
described below,(1) standing committee jurisdiction over the
various House facilities is discussed elsewhere.(2)
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1. See Sec. 1.1, infra.
2. See Ch. 17, infra.
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Numerous statutory enactments(3) provide for the care,
protection, and use of the Capitol building and grounds. The Architect
of the Capitol(4) supervises the care and superintendence of
the Capitol Building,(5) including care of the
exterior,(6) repairs,(7) and in the House side of
the Capitol the lighting, heating, and ventilating.(8) He
also carries into effect the provision prohibiting the use of the
Capitol rooms for private studios or works of art, without permission
from the Joint Committee on the Library.(9)
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3. See 40 USC Sec. Sec. 161-217a.
4. For a description of the powers and duties of the Architect of the
Capitol see 40 USC Sec. 162 (1970).
5. 40 USC Sec. 163 (1970).
6. 40 USC Sec. 163a (1970).
7. 40 USC Sec. 166 (1970).
8. 40 USC Sec. 167 (1970).
9. 40 USC Sec. 190 (1970).
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Privately-owned works of art may not be exhibited in Statuary Hall,
the Rotunda, nor in the corridors of the Capitol. 40 USC Sec. 189
(1970). National Statuary Hall, however, may be used for ceremonies
when special permission is given by the Speaker. See Ch. 36, infra.
The responsibility for policing the Capitol buildings and grounds
is vested in the Capitol Police, under the direction of the Capitol
Police Board.(10) On several ex
[[Page 270]]
traordinary occasions, however, Federal troops have been called to
protect the Capitol.(11)
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10. 40 USC Sec. 212a (1970). The Capitol Police Board consists of the
Sergeant at Arms of the United States Senate, the Sergeant at
Arms of the House of Representatives, and the Architect of the
Capitol. 40 USC Sec. 212a (1970).
11. See Sec. 1.2, infra.
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The protection of the Capitol building and grounds(12)
is regulated by statutory provisions(13) that limit the
conduct and activities which are permitted to occur there. Public use
of the Capitol grounds is generally confined to paved
areas,(14) and the roads on the grounds may not be occupied
in such manner as to obstruct or hinder their proper
use.(15) Sales and solicitations are forbidden, as are
advertising displays.(16) A provision also makes punishable
climbing upon, removing or damaging any property or plant life on the
Capitol grounds.(17) The unauthorized presence upon the
floor of either House, in the gallery of either House, or in any room
within any of the Capitol buildings designated for the use of any
Member, committee, subcommittee, or employee of either House of
Congress is statutorily prohibited.(18)
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12. The area comprising the Capitol grounds is described at 40 USC
Sec. 193a (1970).
13. 40 USC Sec. Sec. 193a-193m (1970).
14. 40 USC Sec. 193b (1970).
15. 40 USC Sec. 193c (1970).
16. 40 USC Sec. 193d (1970).
17. 40 USC Sec. 193e (1970).
18. 40 USC Sec. 193f(b)(1)-(3) (1970).
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Creation of Select Committees
Sec. 1.1 The House sometimes creates a special select committee to
manage or oversee the operation of a designated House facility.
On Dec. 6, 1967,(19) the House adopted a resolution
creating a select committee to manage the House Beauty Shop. The
resolution vested complete managerial authority in the three-member
committee, which was to be appointed by the Speaker. The select
committee was made permanent by Pub. L. No. 91-145 (83 Stat. 347).
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19. 113 Cong Rec. 35143, 90th Cong. 1st Sess.
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The House has adopted similar resolutions on several other
occasions. In the 90th Congress(20) the House adopted a
resolution creating a select committee to regulate parking on the House
side of the Capitol. In the 91st Congress(1) the House
established a select committee to oversee the management of the House
Restaurant.(2)
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20. 113 Cong. Rec. 17791, 17792, 90th Cong. 1st Sess., June 28, 1967.
1. 115 Cong. Rec. 19080, 19081, 91st Cong. 1st Sess., July 10, 1969.
2. The responsibility for the management of the House Restaurant is,
by statute, vested in the Architect of the Capitol. 40 USC
Sec. 174k (1970). The Committee on House Administration has
jurisdiction of measures relating to the House Restaurant. Rule
XI clause 9(1), House Rules and Manual Sec. 693 (1973). The
Select Committee on the House Restaurant, which supervises the
operation of the restaurant, now operates under the authority
of the Committee on House Administration. House Rules and
Manual Sec. 695 (1973).
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[[Page 271]]
Protection of Capitol by Federal Troops
Sec. 1.2 Federal troops have been called upon to guard the Capitol and
its facilities on several extraordinary occasions.
On Apr. 5, 1968, in response to the widespread civil disorder that
arose in the District of Columbia following the assassination of Dr.
Martin Luther King in Memphis, Tennessee, the preceding day, President
Lyndon B. Johnson issued an executive order(3) authorizing
the Secretary of Defense to mobilize National Guard Troops and to order
regular armed forces into the District of Columbia to restore law and
order, protect government property and prevent interference with
governmental activities. The Capitol was one of the first areas secured
when the troops arrived on Friday, Apr. 5. Troops remained on duty at
the Capitol until Friday, Apr. 12, when they were withdrawn on order of
the Secretary of Defense.
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3. Executive Order No. 11403, 33 Fed. Reg. (1968).
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The deployment of troops was in accordance with the Emergency Plan
for Protection of the Capitol, which had been previously approved by
the Speaker of the House and the Vice President of the United States.
Specific authority was neither requested by nor received from the
Speaker or other Capitol officials prior to the assignment of troops to
guard the Capitol.
On Feb. 25, 1943,(4) Speaker Sam Rayburn, of Texas, from
the floor of the House, defended his policy of having the Capitol
protected by federal soldiers for a time during World War II:
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4. 89 Cong. Rec. 1324, 78th Cong. 1st Sess.
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Mr. Speaker, I am utterly amazed at my colleague from
Minnesota, a man usually of splendid judgment and absolute
fairness.
We have on this hill $180,000,000 worth of property. . . .
. . . It happens to be the business of the Speaker of the House
of Representatives to protect the property on this hill, and it
cannot be protected by a few Metropolitan Police. . . . [S]ome day
or some night somebody may come into this building and destroy a
million dollars worth of property. As long as I have the
responsibility, I am going to keep somebody here to protect these
buildings.
[[Page 272]]
CHAPTER 4
House Facilities and Capitol Grounds
A. INTRODUCTORY
Sec. 2. Demonstrations and Disturbances
Federal statutory provisions(5) make violent, disorderly
or disruptive acts in the Capitol building or on the Capitol grounds
unlawful, as well as prohibiting all unauthorized demonstrations. The
unauthorized possession or use on the Capitol grounds of any firearm,
dangerous weapon, explosive, or incendiary device is
unlawful.(6) The unauthorized presence of any person or any
group of persons upon the floor or in the gallery of either House of
Congress is a violation of federal statutory law, as is unauthorized
presence in any room within any of the Capitol buildings set aside or
designated for the use of either House of Congress or any Member,
committee, subcommittee, officer, or employee of either House of
Congress, with the intent to disrupt the orderly conduct of official
business.(7) It is also unlawful to willfully and knowingly
utter abusive language at any place upon the Capitol grounds with the
intent to disturb the orderly conduct of any session of either House of
Congress, including committee or subcommittee hearings; to impede
passage through or within the Capitol grounds or Capitol buildings; to
engage in any act of physical violence upon the Capitol grounds or
within any of the Capitol buildings; or to parade, demonstrate, or
picket within any of the Capitol buildings.(8)
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5. 40 USC Sec. Sec. 193f and 193g (1970).
6. 40 USC Sec. 193f(a)(1) (1970).
7. 40 USC Sec. 193f(b)(1)-(3) (1970).
8. 40 USC Sec. 193f(b)(4)-(7) (1970).
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On Nov. 6, 1972,(9) the Supreme Court ruled that section
193g of title 40 unconstitutionally abridges the first amendment right
to assemble and petition the government. Section 193g provides:
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9. Chief of Capitol Police v Jeannette Rankin Brigade, 409 U.S. 972
(Nov. 6, 1972).
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It is forbidden to parade, stand, or move in processions or
assemblages in said United States Capitol Grounds, or to display
therein any flag, banner, or device designed or adapted to bring
into public notice any party, organization, or movement, except as
hereinafter provided in sections 193j and 193k of this title.
Sections 193j and 193k provide that on ``proper occasions'' the
prohibitions contained in sections 193b-193g may be suspended by the
President of the Senate and the Speaker of the House, or in their
absence by the Capitol Police Board.
The Jeannette Rankin Brigade, a coalition of women against the
[[Page 273]]
war in Vietnam, and 58 individual women filed a complaint in the United
States District Court for the District of Columbia on Jan. 8, 1968,
following the refusal by the Capitol Police Board to permit them to
carry out a planned march on the Capitol grounds to protest the war.
The three-judge court balanced the plaintiffs' right to assemble and
petition the government under the First Amendment against the interests
of maintaining the serenity of the Capitol grounds and concluded:
While some substantial governmental interests in the Capitol
Grounds may warrant protection, none have been alleged which are
sufficiently substantial to override the fundamental right to
petition ``in its classic form'' and to justify a blanket
prohibition of all assemblies, no matter how peaceful and orderly,
anywhere on the Capitol Grounds.(10)
10. Jeannette Rankin Brigade v Chief of Capitol Police, 342 F Supp 575,
585 (D.D.C. 1972).
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The court refused to rewrite the provision to make it consistent
with the First Amendment rights of the plaintiffs, stating that under
the concepts embodied in the separation of powers doctrine, such a
function is more appropriately to be performed by
Congress.(11)
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11. 342 F SUPP at 587.
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The defendants took a direct appeal from the decision of the
District Court to the Supreme Court. The Supreme Court, acting without
a hearing and with no written opinion, affirmed the decision of the
District Court holding section 193g to be
unconstitutional.(12)
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12. Chief of Capitol Police v Jeannette Rankin Brigade, 409 U.S. 972
(Nov. 6, 1972).
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On Mar. 1, 1954,(13) an extraordinary incident occurred
in the House Chamber. A discharge of firearms from the House Gallery
interrupted the counting of a division vote on a resolution relating to
the supplying of agricultural workers from Mexico. Four Puerto Rican
terrorists in Gallery Eleven fired an estimated 20 to 30 pistol shots
downward into the crowd of Members on the floor. Five Members were
wounded. All five of the wounded Members were discharged from the
hospitals by the end of May, 1954.
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13. 100 Cong. Rec. 2434, 83d Cong. 2d Sess.
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The four assailants were identified by police as belonging to the
Puerto Rican Nationalist Party. They were brought to trial in the U.S.
District Court for the District of Columbia. Three of the four were
sentenced to serve a total of from 25 to 75 years in prison, while the
fourth was sentenced to serve from 16 years and months to 50 Years.
[[Page 274]]
CHAPTER 4
House Facilities and Capitol Grounds
A. INTRODUCTORY
Sec. 3. Hall of the House
Under House Rule I clause 3, the Speaker has ``general control . .
. of the Hall of the House.''(14) A more specific provision
dealing with the use of the House Chamber, however, is Rule XXXI:
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14. House Rules and Manual Sec. 623 (1973).
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The Hall of the House shall be used only for the legislative
business of the House and for the caucus meetings of its Members,
except upon occasions where the House by resolution agrees to take
a part in any ceremonies to be observed therein; and the Speaker
shall not entertain a motion for the suspension of this
Rule.(15)
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15. House Rules and Manual Sec. 918 (1973).
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The House has been very reluctant to permit the Chamber to be used
for other than legislative purposes. An occasion on which the House
permitted the Chairman of the Isthmian Canal Commission to address the
House, relative to the construction of the Panama Canal, was
characterized as ``[a]n exceptional instance in which the Hall of the
House was used for other than legislative business.'' 8 Cannon's
Precedents Sec. 3632.
Members may not entertain guests in the Hall,(16) but
caucus meetings of Members are sometimes held in the Chamber, as Rule
XXXI specifically authorizes them.(17) Occasionally the
House votes to participate in ceremonies to be held in the
Hall.(18)
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16. Sec. 3.2, infra.
17. Sec. 3.1, infra.
18. See Ch. 36, infra.
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It is in violation of the common law of the House for a visitor,
without authorization, to photograph the House Chamber.(19)
However, the House, by resolution, sometimes permits special groups,
such as historical societies, to photograph the House in
session,(20) and the Speaker usually permits a photograph of
the House in session to be taken on the first day of each
Congress.(1)
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19. See Sec. 3.5, infra.
It is not necessary, however, to clear the gallery when one visitor
is violating the rules by taking pictures. The Speaker may
order the offending party to leave the gallery. See Sec. 5.7,
infra.
20. See Sec. 3.5, infra.
1. See Sec. 3.5, infra.
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Use of House Chamber
Sec. 3.1 The House Chamber is occasionally used for certain meetings of
Members.
On Jan. 10, 1947,(2) an announcement was made in the
House concerning a meeting to be
[[Page 275]]
held in the House Chamber for the veterans of all wars who were Members
of the House at that time. The stated purpose of the meeting was the
reorganization of a veterans' group, and this meeting, as well as all
future ones, was to be nonpolitical, social, and educational in
character.
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2. 93 Cong. Rec. 255, 80th Cong. 1st Sess.
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Sec. 3.2 Permission to use the Hall of the House for purposes of
entertainment will ordinarily be refused.
On Feb. 14, 1955,(3) Speaker Sam Rayburn, of Texas,
after reading the text of Rule XXXI, made the following remarks
concerning the use of the Hall of the House:
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3. 101 Cong. Rec. 1512, 84th Cong. 1st Sess.
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A great many Members have asked the Parliamentarian and the
present occupant of the chair about the use of the Hall of the
House of Representatives. At any time in the future when any Member
desires to entertain a group except Members of the House of
Representatives it will be held that the caucus room is open for
that purpose, but not the Hall of the House of Representatives.
On June 18, 1934,(4) the House adopted a resolution
forbidding certain entertainment, which was to be broadcast over radio,
to be held in the House Chamber immediately after the adjournment of
Congress.
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4. 78 Cong. Rec. 12567, 73d Cong. 2d Sess.
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Sec. 3.3 The House controls the use of its Chamber even after it
adjourns for a session.
On June 18, 1934,(5) a resolution was introduced to
prevent the use of the House Chamber after the adjournment of Congress
for certain entertainment which was to be broadcast over radio. A
Member then raised the point of order that the resolution was not
privileged, because it was contemplated that the entertainment would be
held after the adjournment of the House. The Speaker(6)
rendered the following ruling on the point of order:
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5. Id.
6. Henry T. Rainey (Ill.).
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The object of the resolution is to reach something which might
occur after the adjournment of the House, but the Chair thinks it
is a close question. The House controls the use of its own Chamber
even after it adjourns; therefore the Chair prefers to submit the
question to the House.
The previous question was then ordered, and the resolution was
agreed to.
Sec. 3.4 On one occasion the House authorized a special group to use
the House Chamber when the House was not in session.
[[Page 276]]
On Aug. 1, 1953,(7) the House by unanimous consent
considered and adopted the following resolution:
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7. 99 Cong. Rec. 10917, 83d Cong. 1st Sess.
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Resolved, That the consent of the House is hereby granted for
the use by the Interparliamentary Union of the Hall of the House of
Representatives, and such committee rooms in the Capitol and the
House Office Buildings as the Speaker may direct, for its session
in the year 1953, during the month of October: Provided, however,
That this consent shall not be binding if the Congress shall be in
session when the said Interparliamentary Union shall convene: And
provided further, That such use shall be subject to the control and
management of the officers of the House.
Photographing the House Chamber
Sec. 3.5 Visitors may not, without authorization, photograph the House
Chamber.
Parliamentarian's Note: Under the practice of the House, permission
must be obtained before photographs may be taken inside the House
Chamber. Permission may take the form of a House resolution similar to
the one which permitted the United States Capitol Historical Society to
photograph the House in session.(8)
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8. See 110 Cong. Rec. 3224, 88th Cong. 2d Sess., Feb. 20, 1964.
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The Speaker traditionally permits certain photographers to take
photographs at the opening session of each new Congress, provided that
they do so in accordance with carefully drawn guidelines. Occasionally
members of the news media have violated these guidelines. At the
opening session of the 91st Congress, members of the news media
violated the restrictions by taking pictures during the period when the
kleig lights were turned out. Speaker McCormack called this matter to
the attention of the news media galleries and requested a report from
each on the action taken by them with respect to the violations of the
regulations as well as the provisions they were making to prevent such
violations in the future.(9)
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9. See the statement by Speaker John W. McCormack (Mass.) at 115 Cong.
Rec. 145, 91st Cong. 1st Sess., Jan. 6, 1969.
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On Jan. 14, 1946, photographers violated the guidelines by taking a
picture of the House in session before the initial quorum call. The
photograph, showing approximately 60 Members present in the Chamber,
was published in newspapers throughout the country, along with a
caption berating Congress for not attending to duties at the beginning
of the ses
[[Page 277]]
sion. See the statement by Speaker pro tempore John W. McCormack, of
Massachusetts, at 92 Cong. Rec. 20, 79th Cong. 2d Sess., Jan. 14, 1946.
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
[[Page 279]]
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:
---------------------------------------------------------------------------
13. 86 Cong. Rec. 3359, 76th Cong. 3d Sess.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
14. William B. Bankhead (Ala.).
---------------------------------------------------------------------------
[[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:
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
16. 116 Cong. Rec. 4546, 91st Cong. 2d Sess.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
17. John W. McCormack (Mass.).
---------------------------------------------------------------------------
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)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
4. 91 Cong. Rec. 9251, 79th Cong. 1st Sess., Oct. 2, 1945.
---------------------------------------------------------------------------
Mr. [Frank B.] Keefe [of Wisconsin]: Mr. Speaker, a
parliamentary inquiry.
The Speaker:(5) The gentleman will state it.
---------------------------------------------------------------------------
5. Sam Rayburn (Tex.).
---------------------------------------------------------------------------
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
[[Page 285]]
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:
---------------------------------------------------------------------------
6. 89 Cong. Rec. 8197, 8198, 78th Cong. 1st Sess.
---------------------------------------------------------------------------
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.
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)
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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)
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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)
---------------------------------------------------------------------------
15. See Sec. 5.2, infra.
16. 3 Hinds' Precedents Sec. 1961.
17. 5 Hinds' Precedents Sec. 7033.
---------------------------------------------------------------------------
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
[[Page 287]]
is violated without objection from the other Members present in the
Chamber, he will invoke it on his own initiative.(20)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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)
---------------------------------------------------------------------------
1. See Sec. 5.6, infra.
---------------------------------------------------------------------------
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)
---------------------------------------------------------------------------
2. See Sec. 5.6, infra
3. See Sec. 3.5, supra.
4. See Sec. 5.7, infra. -------------------
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
5. 88 Cong. Rec. 1524, 77th Cong. 2d Sess.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
6. See Sec. 2, supra.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
7. 91 Cong. Rec. 1594, 1595, 79th Cong. 1st Sess.
8. John W. McCormack (Mass.).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
[[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.
---------------------------------------------------------------------------
10. Sam Rayburn (Tex.).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
14. 100 Cong. Rec. 12253, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
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----
---------------------------------------------------------------------------
15. Benjamin F. James (Pa.).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
16. 114 Cong. Rec. 17062, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
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)
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
The following statement made by the Chairman of the Committee of
the Whole, Chet Holifield, of California, on July 31,
1969,(18) is typical:
---------------------------------------------------------------------------
18. 115 Cong. Rec. 21634, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
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
[[Page 291]]
fending party to leave the gallery.
On Feb. 22, 1950,(19) a visitor with a camera was
detected in the gallery:
---------------------------------------------------------------------------
19. 96 Cong. Rec. 2152, 81st Cong. 2d Sess.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
20. Sam Rayburn (Tex.).
---------------------------------------------------------------------------
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.
CHAPTER 4
House Facilities and Capitol Grounds
B. HOUSE GALLERIES AND BUILDINGS
Sec. 6. Office Buildings
The House office buildings are under the control and supervision of
the Architect of the Capitol, subject to the approval and direction of
the House Office Building Commission.(1) The commission
consists of the Speaker and two Members appointed by the
Speaker.(2) The commission is authorized to prescribe rules
and regulations governing the use and occupancy of rooms in the House
office buildings.(3)
---------------------------------------------------------------------------
1. 40 USC Sec. 175 (1970).
2. 40 USC Sec. 175 (1970). Under 40 USC Sec. 176 (1970), the Speaker
continues as a member of the commission until his successor as
Speaker is elected or his term as a Representative in Congress
expires.
3. 40 USC Sec. 175 (1970). Section 183 of title 40 provides that the
assignment and reassignment of rooms and other space in the
House office buildings shall be subject to the control of the
House by rule, resolution, order, or otherwise, and that
nothing in sections 177-184 of title 40 (discussed below) shall
be construed to affect or repeal the provisions of section 175
of the same title, which places the House office buildings
under the control of the Architect of the Capitol, subject to
the approval and direction of the House Office Building
Commission.
---------------------------------------------------------------------------
The procedure for the assignment of rooms in the House office
buildings is provided by statute(4) and by rules adopted by
the House Office Building Commission.(5) Section 178 of
title 40 provides that the assignment of vacant offices will be based
on written requests filed by Members or Members-elect. If only one such
request has been made for a particular vacant office, it will be
assigned as requested. If two or more Members request the same vacant
office, preference will be
[[Page 292]]
given to the one ``who has been longest in continuous service as a
Member and Member-elect of the House.''(6) If two or more
Representatives with equal periods of continuous service, or two or
more Representatives-elect request the same vacant office, preference
will be given to the one who first files a request.
---------------------------------------------------------------------------
4. 40 USC Sec. Sec. 177-184 (1970).
5. House Rules and Manual Sec. 985 (1971).
6. For an interpretation of the term ``continuous service,'' see
Sec. 6.1. infra.
---------------------------------------------------------------------------
A Representative or Representative-elect may not have pending at
the same time more than one request under section 178 for a vacant
room, but he may withdraw a request at anytime.(7) A Member
will be deemed to have relinquished the room previously assigned to him
when he is assigned a new room upon his request, or is appointed
chairman of a committee having a committee room.(8)
Representatives may exchange rooms with each other, but the exchange
will be valid only so long as both remain Members or Members-elect of
the House.(9) Records of room assignments, exchanges and
requests, which are kept by the Architect of the Capitol, are open for
the inspection of Members.(10)
---------------------------------------------------------------------------
7. 40 USC Sec. 179 (1970).
8. 40 USC Sec. 179 (1970).
9. 40 USC Sec. 180 (1970).
10. 40 USC Sec. 181 (1970).
---------------------------------------------------------------------------
The House Office Building Commission has adopted rules of procedure
for the assignment of vacant offices that are designed to clarify the
statutory procedures defined in section 178 of title 40.(11)
Under these provisions, if an office becomes vacant during a session of
Congress, applications for the vacancy will be received for a period of
10 days. The system of priority established in section 178 is generally
applicable, in addition to a provision that would establish priority by
lot in the event that applications are received at the same time from
Members with equal periods of service. Applications from re-elected
Members and former Members who wish to change offices at the beginning
of a new Congress are received between the Monday following election
day on the even years and Dec. 1. The seniority provisions of section
178 again establish priority. On Dec. 5, Members-elect without prior
service, or their representatives, draw numbers to determine the order
of se
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lection-of the remaining offices. Those who do not participate in the
drawing must file written applications for the offices that remain
unassigned after the conclusion of the drawing. Members of Congress who
will not be Members of the succeeding Congress must vacate their
offices by 12 o'clock noon on January 1 before the new Congress
convenes.
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11. The rules are reprinted in House Rules and Manual Sec. 985 (1973).
In 1968 the commission promulgated a similar set of rules based
on seniority to govern the assignment of remodeled rooms in the
Cannon House Office Building. See 114 Cong. Rec. 22155, 90th
Cong. 2d Sess., July 18, 1968.
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It is provided by statute that unoccupied space in the House office
buildings shall be assigned by the Architect of the Capitol under the
direction of the commission and subject to the control of the House of
Representatives. 40 USC Sec. 184 (1970).
The commission also adopts rules regulating conduct of persons
within the House office buildings, House garages, and the Capitol power
plant. For example, on Aug. 26, 1965, the commission promulgated rules
which, among other things, regulated soliciting and the taking of
photographs within the House office buildings and related
facilities.(12)
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12. 111 Cong. Rec. 23926, 23927, 89th Cong. 1st Sess., Sept. 15, 1965.
The regulations make subject to arrest and prosecution those
persons who fail to comply with the above provisions, or with
those sections which prohibit damaging public property,
possessing weapons and explosives, creating disturbances, or
obstructing any area covered by the regulations.
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At one time,(13) the seniority of a Member for the
purpose of room assignment dated from the beginning of his last
uninterrupted service regardless of previous terms of membership in the
House. This interpretation of ``continuous service'', which was
rendered on Feb. 8, 1930, by Speaker Nicholas Longworth, of Ohio, as
Chairman of the House Office Building Commission, was changed by the
commission on Feb. 27, 1967. Under this current ruling, a Member who
has had more than one period of uninterrupted service is entitled to
have his longest period of uninterrupted service used in determining
room assignment priority, even if it is not his last such
period.(14)
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13. 8 Cannon's Precedents Sec. 3651.
14. See Sec. 6.1, infra. -------------------
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Assignment of Office Suites to Members
Sec. 6.1 If two or more Members request the same office suite,
preference will be given to the Member with a longest period of
uninterrupted service, even if it is not his latest period of
service.
On Mar. 2, 1967,(15) Speaker John W. McCormack, of Massa
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chusetts, as Chairman of the House Office Building Commission,
announced the rule of the commission concerning the computation of
seniority, as it relates to the selection and assignment of office
space:
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15. 113 Cong. Rec. 5218, 90th Cong. 1st Sess.
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Mr. McCormack: Mr. Speaker, for the information of the Members,
I include an action recently taken by the House Office Building
Commission:
Assignment of Rooms, House Office Buildings
In connection with assignment of rooms to Members of the House
of Representatives in the House Office Buildings, 40 U.S.C. 178
provides, in part, as follows:
If two or more requests are made for the same vacant room,
preference shall be given to the Representative making the request
who has been longest in continuous service as a Member and Member-
elect of the House of Representatives.
The question was raised before the House Office Building
Commission as to whether the wording ``longest continuous service''
should refer to any period of continuous service whether or not
such continuous service occurred before or after a break in service
in the House.
At a meeting of February 27, 1967, the House Office Building
Commission unanimously ruled on this point, as follows:
``The term `longest continuous service' as used in 40 U.S.C.
178, governing seniority in assignment of rooms in the House Office
Buildings, is held to refer to the longest period of uninterrupted
service as a Member and Member-elect of the House of
Representatives (not necessarily the last period of uninterrupted
service as held in Cannon's Precedents, Vol. 8, Page 981, Sec.
3651).''
This ruling is effective February 27, 1967 and is being
submitted as a matter of record for the information of all Members
of the House of Representatives.
Visitors in House Office Buildings
Sec. 6.2 The House Office Building Commission has jurisdiction over
matters relating to the harassment of visitors in the House office
buildings.
On May 3, 1935,(16) a parliamentary inquiry was raised
concerning the jurisdiction of and the rules adopted by the commission:
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16. 79 Cong. Rec. 6894, 74th Cong. 1st Sess.
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Mr. [Thomas L.] Blanton [of Texas]: Mr. Speaker, may I propound
a parliamentary inquiry?
The Speaker:(17) The gentleman will state it.
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17. Joseph W. Byrns (Tenn.).
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Mr. Blanton: The Speaker of the House of Representatives is the
Chairman of the House Office Building Commission in charge of the
House Office Building and which controls these office buildings.
I would like to ask the Speaker if there are any means that a
Member
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has, under the regulations prescribed by the Commission governing
these buildings, to prevent a Washington newspaper from installing
a snooper at his office to interrogate and harass every person that
goes in or comes out of a Member's office in that Government
building?
The Speaker: The Commission is composed of 3 Members and the
Speaker is only 1 of the 3. I would be pleased if the gentleman
would take the matter up with the Commission as a whole. We will be
very pleased to give the gentleman a hearing and discuss the matter
with him.
Rules and Regulations as to Use
Sec. 6.3 Rules and regulations governing the House office buildings
have been adopted by the House Office Building Commission.
On Mar. 5, 1973, the House Office Building Commission adopted the
following rules:
Pursuant to the authority conferred on the House Office
Building Commission by the act of March 4, 1907 (34 Stat. 1365, as
amended (40 U.S.C. 175)) the following rules and regulations are
promulgated governing the use and occupancy of rooms and spaces,
including all terraces, entrances, lobbies, foyers, corridors,
cafeterias, restaurants and areas appurtenant thereto, in the
Cannon, Longworth, and Rayburn House Office Buildings, in the House
Annex, the House of Representatives garages, and the Capitol Power
Plant:
(1) Property damage: Willful destruction, damage, desecration
or removal of any Government property or part thereof is
prohibited.
(2) Photographs: Photographing, televising, recording, or
broadcasting of committee proceedings is not permitted, except as
provided for by the Rules of the House. Visitors are permitted to
take photographs of the public areas in the House office buildings
with handheld cameras if the photographs are not intended for
commercial purposes. The use of flash equipment or other special
photolighting devices, tripods, or other bulky accessory equipment
is not permitted unless special permission is obtained from the
House Office Building Commission. Applications for such special
permission should be made to the Speaker.
(3) Soliciting, commercial ventures, and other nongovernmental
activities: The soliciting of alms and contributions, commercial
soliciting, and vending of all kinds, the display or distribution
of commercial advertising, the collecting of private debts, or the
distribution of material such as pamphlets, handbills, and flyers,
in any of the areas covered by these regulations is prohibited.
This section does not apply to national or local drives for funds
for welfare, health, and other purposes sponsored or approved by
the House Office Building Commission, or to personal notices posted
by employees on authorized bulletin boards.
(4) Weapons and explosives: No person, except members of the
Capitol Police and individuals authorized by law, shall enter any
of the areas covered by these regulations who has in his
possession, either openly or concealed, any dangerous or deadly
weapon, explosive,
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incendiary, or electronic device, and the use or discharge thereof
is prohibited.
(5) Disturbances: The making or any harangue, oration, or the
utterance of any loud, threatening, or abusive language or sound,
or the use of any device which emits any loud, threatening, or
abusive language or sound, is prohibited.
(6) Obstruction: It is forbidden to parade, stand, or move in
processions or assemblages, or to obstruct the foyers, corridors,
rooms or other areas covered by these regulations, or to display
therein any flag, banner, or device designed or adapted to bring
into public notice any person, party, organization, or movement.
(7) Compliance with regulations: Persons entering, in, or on
the areas covered by these regulations shall comply with all
official signs of a prohibitory or directory nature, and, during
emergencies, with directions of the Capitol Police or other
authorized authority.
(8) Enforcement of regulations: It shall be the duty of all
persons employed in the service of the Governmcnt in the House
Office Buildings to prevent, as far as may be in their power,
violations of these regulations, and to aid the Capitol Police and
other authorized authority, by information or otherwise, in
securing the apprehension of persons violating these regulations.
Any person who fails or refuses to comply with these
regulations, or who fails or refuses to comply with directives of
the Capitol Police or other authorized personnel, shall be subject
to arrest and prosecution.