[Deschler-Brown Precedents, Volume 12, Chapter 29 (Sections 1-34), Volume 13, Chapter 29 (Sections 35-end, plus index)]
[Chapter 29. Consideration and Debate]
[F. Disorder in Debate]
[Â§ 41. Disorderly Acts; Attire]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 10538-10550]
 
                               CHAPTER 29
 
                        Consideration and Debate
 
                         E. RELEVANCY IN DEBATE
 
Sec. 41. Disorderly Acts; Attire

    Rule XIV, clause 7 (1) provides: While the Speaker is 
putting a question or addressing the House no Member shall walk out of 
or across the hall, nor, when a Member is speaking, pass between him 
and the Chair; and during the session of the House no Member shall wear 
his hat, or remain by the Clerk's desk during the call of the roll or 
the counting of ballots, or smoke upon the floor of the House; and the 
Sergeant-at-Arms is charged with the strict enforcement of this clause. 
Neither shall any person be allowed to smoke or to use any personal, 
electronic office equipment (including cellular phones and computers) 
upon the floor of the House at any time. In the 104th Congress, the 
prohibition against using personal elec

[[Page 10539]]

tronic office equipment was added to the rule.(2) The 
prohibition was affirmed by response to a parliamentary 
inquiry.(3)
---------------------------------------------------------------------------
 1. House Rules and Manual Sec. 763 (1995).
 2. H. Res. 6, 141 Cong. Rec. p.  ____, 104th Cong. 1st Sess., Jan. 4, 
        1995.
 3. 141 Cong. Rec. p.  ____, 104th Cong. 1st Sess., Feb. 23, 1995.
---------------------------------------------------------------------------

    Demonstrations of approval or disapproval, such as applause, are 
not a part of the proceedings of the House, and are not reflected in 
the Congressional Record unless in joint session.(4)
---------------------------------------------------------------------------
 4. See Sec. Sec. 41.8, 41.9, infra.
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    Under his authority to maintain decorum,(5) the Speaker 
or Chairman may announce, preceding certain legislation or proceedings, 
the decorum to be observed.(6)
---------------------------------------------------------------------------
 5. Rule I clause 2, House Rules and Manual Sec. 622 (1995) (Speaker) 
        and Rule XXIII clause 1, House Rules and Manual Sec. 861(a) 
        (1995) (Chairman of Committee of the Whole).
 6. See Sec. 41.7, infra. For decorum during ceremonial proceedings, 
        see Ch. 36, infra.
---------------------------------------------------------------------------

    Participation in debate and obtaining the floor is governed by Rule 
XIV clause 1, which requires that a Member rise, address the Speaker, 
and obtain recognition to address the House.(7) While a 
Member has the floor, he may not request Members to act contrary to the 
rules, such as showing hands or rising in support of a certain 
measure.(8)
---------------------------------------------------------------------------
 7. House Rules and Manual Sec. 749 (1995). For rulings on disturbances 
        by Members, see Sec. Sec. 41.1, 41.3, 41.4, infra.
            Interruptions of a Member speaking are discussed in 
        Sec. 42, infra.
            A Member must stand to address the House (see Sec. 41.3, 
        infra).
 8. See Sec. 41.10, infra; but see Sec. 41.11, infra.
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    Assaults and affrays between Members are rare in the practice of 
the House.(9) The House may act on hostilities by ordering 
the resolution of differences,(10) demanding 
apology,(11) or in extreme cases censuring Members guilty of 
assault and provocation.(12)
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 9. For a recent instance, see Sec. 41.6, infra.
            Assaults and hostilities are usually considered as 
        questions of privilege. House Rules and Manual Sec. 91 (comment 
        to U.S. Const. art. I, Sec. 6, clause 1) (1993).
10. See 2 Hinds' Precedents Sec. Sec. 1646-1651, 1657-1662. For 
        parliamentary law in cases of assaults and affray, see 
        Jefferson's Manual, House Rules and Manual Sec. 367 (1995).
11. See 2 Hinds' Precedents Sec. Sec. 1643, 1646-1651, 1657.
12. See 2 Hinds' Precedents Sec. Sec. 1655, 1656.
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                            Cross References
Conduct of Members and punishment, see Ch. 12, supra.
Disorder in the galleries of the House, see Ch. 4, supra.

[[Page 10540]]

                          -------------------Disturbances by Members

Sec. 41.1 It is a breach of order for a Member to stand by or walk 
    about a Member who has the floor in debate.

    On Mar. 5, 1936,(13) while Mr. Thomas L. Blanton, of 
Texas, had the floor, Mr. Marion A. Zioncheck, of Washington, rose and 
stood by Mr. Blanton. Mr. Blanton objected to the interruption, and 
Chairman William L. Nelson, of Missouri, ruled that Mr. Zioncheck was 
out of order as not being in his seat while another Member had the 
floor.(14)
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13. 80 Cong. Rec. 3376, 74th Cong. 2d Sess.
14. Under parliamentary law, no Member is to disturb another in his 
        speech, stand up to interrupt him, pass between the Speaker and 
        the speaking Member, go across the House, or walk up and down 
        the House. Jefferson's Manual, House Rules and Manual Sec. 364 
        (1995).
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--Adhering to the Speaker's Gavel

Sec. 41.2 A Member's comportment may constitute a breach of decorum 
    even though the content of her speech is not, in itself, 
    unparliamentary; it is a breach of decorum for a Member to ignore 
    the Chair's gavel and request to be seated.

    On July 29, 1994,(15) a Member ignored repeated requests 
by the Chair to suspend and be seated:
---------------------------------------------------------------------------
15. 140 Cong. Rec. p. ____, 103d Cong. 2d Sess.
---------------------------------------------------------------------------

        Ms. [Maxine] Waters [of California]: Madam Speaker, last 
    evening a Member of this House, Peter King, had to be gaveled out 
    of order at the Whitewater hearings of the Banking Committee. He 
    had to be gaveled out of order because he badgered a woman who was 
    a witness from the White House, Maggie Williams. I am pleased I was 
    able to come to her defense. Madam Speaker, the day is over when 
    men can badger and intimidate women.
        Mr. [F. James] Sensenbrenner [Jr., of Wisconsin]: Madam 
    Speaker, I demand the gentlewoman's words be taken down.
        The Speaker Pro Tempore: (16) The gentlewoman from 
    California [Ms. Waters] must suspend and be seated.
---------------------------------------------------------------------------
16. Carrie Meek (Fla.).
---------------------------------------------------------------------------

        The Clerk will report the words.
        Ms. Waters:----
        The Speaker Pro Tempore: The gentlewoman will please desist and 
    take her seat.

        Ms. Waters:----
        The Speaker Pro Tempore: The Chair is about to direct the 
    Sergeant at Arms to present the mace.
        The Speaker: (17) The Clerk will report the words. . 
    . .
---------------------------------------------------------------------------
17. Thomas S. Foley (Wash.).
---------------------------------------------------------------------------

        While in the opinion of the Chair the word ``badgering'' is not 
    in itself unparliamentary, the Chair believes that the demeanor of 
    the gentlewoman from

[[Page 10541]]

    California was not in good order in the subsequent period 
    immediately following those words having been uttered.
        Accordingly, the Chair rules that without leave of the House, 
    the gentlewoman from California may not proceed for the rest of 
    today. The Chair would ask whether there is objection to the 
    gentlewoman from California receiving the right to proceed in good 
    order.
        Mr. [Gerald B. H.] Solomon [of New York]: Reserving the right 
    to object, Mr. Speaker, does that mean that all of the words will 
    be taken down subsequent to the point that she was ruled out of 
    order and stricken from the Record?
        The Speaker: None of those words will be in the Record, the 
    Chair will state to the gentleman. None of the words will be in the 
    Record subsequent to that since she was not recognized. . . .
        Mrs. [Patricia] Schroeder [of Colorado]: Reserving the right to 
    object, Mr. Speaker, I am a little puzzled by the word 
    ``demeanor.'' I was in the Chamber at the time, and I did see the 
    Chair try to gavel the gentlewoman down, but I can understand why 
    she could not hear, because there were so many people at mikes and 
    I think she was confused by that. So I am a little troubled about 
    that. How can you challenge ``demeanor''?
        The Speaker: The Chair wishes to advise the gentlewoman from 
    Colorado that it is the opinion of the Chair that the Chair at the 
    time was attempting to insist that the gentlewoman from California 
    desist with any further statements and sit down. She did not accord 
    cooperation to the Chair and follow the Chair's instructions. 
    Consequently, it is the finding of the Chair that her demeanor at 
    that point in refusing to accept the Chair's instructions was out 
    of order.

    Parliamentarian's Note: While a Member who is held to have breached 
the rules of decorum in debate is presumptively disabled from further 
recognition on that day, by tradition the Speaker's ruling and any 
necessary expungement of the Record are deemed sufficient sanction, and 
by custom the chastened Member is permitted to proceed in order 
(usually by unanimous consent).

Interrupting Another Member

Sec. 41.3 It is a breach of order in debate for a Member without rising 
    and addressing the Chair to interject remarks into another Member's 
    speech.

    On July 25, 1935,(18) while Mr. Thomas L. Blanton, of 
Texas, had the floor, Mr. Samuel Dickstein, of New York, interjected 
remarks from his seat without addressing the Chair or securing the 
consent of Mr. Blanton. Speaker Joseph W. Byrns, of Tennessee, 
intervened and ruled ``it is distinctly against the rules for a 
gentleman

[[Page 10542]]

in his seat to interrupt a Member who is speaking.'' (19)
---------------------------------------------------------------------------
18. 79 Cong. Rec. 11864, 74th Cong. 1st Sess.
19. To speak, a Member must rise, address himself to the Speaker, and 
        be recognized. Rule XIV clause 1, House Rules and Manual 
        Sec. 749 (1995).
---------------------------------------------------------------------------

    On Apr. 18, 1973,(20) Chairman Morris K. Udall, of 
Arizona, sustained a point of order made by Mr. George E. Danielson, of 
California, that a Member then speaking was not standing as required by 
the rule of the House.
---------------------------------------------------------------------------
20. 119 Cong. Rec. 13136, 93d Cong. 1st Sess.
            Parliamentarian's Note: Sitting on the committee table 
        while speaking into a microphone is not in accord with proper 
        decorum.
---------------------------------------------------------------------------

``Clear the Well''

Sec. 41.4 Where a point of order was made that the well of the House 
    should be cleared in compliance with the House rules, the Chairman 
    of the Committee of the Whole requested a Member to step back from 
    the well of the House to propound his question.

    On Mar. 7, 1957,(1) the following exchange and ruling by 
Chairman Wayne L. Hays, of Ohio, took place:
---------------------------------------------------------------------------
 1. 103 Cong. Rec. 3268, 85th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. August H. Andresen [of Minnesota]: I do not want to yield 
    for a speech.
        Mr. [George H.] Christopher [of Missouri]: I did not come down 
    to heckle the gentleman.
        Mr. August H. Andresen: I will yield for a question, but I 
    refuse to yield for a speech.
        Mr. Christopher: I would like to ask a question.
        Mr. [Clare E.] Hoffman [of Michigan]: Mr. Chairman, a point of 
    order.
        The Chairman: The gentleman will state it.
        Mr. Hoffman: I ask that the well be cleared.
        The Chairman: The gentleman from Michigan makes a point of 
    order that the well should be cleared. The gentleman will step back 
    to the seats to ask his question.
        Mr. Christopher: I want to ask a question about the 51 million 
    acre base.
        Mr. Hoffman: Mr. Chairman, I insist on my point of order.
        The Chairman: The gentleman from Missouri will suspend. We want 
    to comply strictly with the rules. The gentleman will stand back 
    out of the well, please, while the question is 
    propounded.(2)
---------------------------------------------------------------------------
 2. While one Member is speaking, another may not pass between him and 
        the Chair. Rule XIV clause 7, House Rules and Manual Sec. 763 
        (1995).
---------------------------------------------------------------------------

Sec. 41.5 The Speaker announced that Members should not traffic the 
    well of the House when another Member is speaking.

    On Feb. 3, 1995,(3) the Chair,(4) in response 
to a parliamentary in

[[Page 10543]]

quiry, made an announcement concerning conduct of Members while a 
Member is speaking in the House:
---------------------------------------------------------------------------
 3. 141 Cong. Rec. p. ____, 104th Cong. 1st Sess.
 4. Speaker Pro Tempore Peter G. Torkildsen (Mass.).
---------------------------------------------------------------------------

        Ms. [Marcy] Kaptur [of Ohio]: Mr. Speaker, I have a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentlewoman will state her 
    parliamentary inquiry.
        Ms. Kaptur: Mr. Speaker, my inquiry has to do with the courtesy 
    extended to Members who are attempting to deliver their 1-minute 
    messages this morning. I notice that Members on the other side are 
    moving around the podium and placing their papers there, 
    distracting from the individual who is speaking. Now this side has 
    not chosen to use those tactics.
        My inquiry is as to appropriate behavior when another Member of 
    the House is addressing the public.
        The Speaker Pro Tempore: The gentlewoman's observation is well 
    taken. Members should not be standing in front of the rostrum while 
    other Members are speaking, and the Chair would ask all Members to 
    observe basic courtesy when Members are speaking in the House.
        Ms. Kaptur: And Members awaiting their turn to speak should be 
    seated until they are recognized by the Speaker?
        The Speaker Pro Tempore: Members should not traffic the well 
    when any other Member is speaking.

    Similarly, on Mar. 3, 1995,(5) the Speaker Pro Tempore 
(6) responded to parliamentary inquiries about the presence 
of Members in the well while a Member is speaking:
---------------------------------------------------------------------------
 5. 141 Cong. Rec. p.  ____, 104th Cong. 1st Sess.
 6. John T. Doolittle (Calif.).
---------------------------------------------------------------------------

        Mr. [Harold L.] Volkmer [of Missouri]: Mr. Speaker, I have a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Volkmer: Do the rules of the House permit Members to walk 
    in the well, be present in the well while a Member is speaking in 
    the well?
        The Speaker Pro Tempore: Members should not cross in front of 
    Members while they are speaking in the well.
        Mr. Volkmer: Is it permissible to walk on the other side of the 
    well while a Member is speaking in the well?
        The Speaker Pro Tempore: Members should not walk between the 
    Member speaking and the Chair.
        Mr. Volkmer: What I am trying to point out to Members on the 
    other side, we have never done it on this side, is not to get your 
    papers up and get ready to make your 1-minute while a Member is 
    speaking in the well.

Altercations Between Members

Sec. 41.6 Members of the House were permitted to comment as witnesses 
    or make corroborating statements relative to an altercation between 
    two Members in the Speaker's lobby.

    On Oct. 29, 1963,(7) Mr. Bruce R. Alger, of Texas, was 
granted

[[Page 10544]]

permission to address the House relative to an altercation between two 
Members:
---------------------------------------------------------------------------
 7. 109 Cong. Rec. 20413, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Speaker, I take the floor with some sorrow and some humor. 
    All of us in Congress have certain standards to maintain on the 
    floor of this House. It has come to my attention that one of the 
    gentlemen from Texas threatened another Texan on the floor of the 
    House, to pistol whip him the way they did back home. I ask the 
    gentleman from California to tell of the incident as he saw it.
        Mr. [Del M.] Clawson [of California]: I was a witness when this 
    very unfortunate threat was made a few minutes ago on the floor of 
    the House to pistol whip him as they did in Texas. Off the floor I 
    saw the culmination of this thing when the gentleman from Texas 
    [Mr. Gonzalez] threatened the gentleman from Texas [Mr. Foreman] 
    and followed through by striking Mr. Foreman with his fist. I was 
    frankly shocked and surprised to see this very undignified incident 
    and irresponsible action by the gentleman from Texas [Mr. Gonzalez] 
    take place in the House of Representatives.
        Mr. Alger: I want to thank the gentleman for corroborating what 
    I understand to be the case. I want to compliment my colleague, the 
    gentleman from Texas [Mr. Foreman], for his restraint in not 
    retaliating by striking the other gentleman, the gentleman from San 
    Antonio [Mr. Gonzalez].
        Mr. [Edgar Franklin] Foreman: Mr. Speaker, will the gentleman 
    yield?
        Mr. Alger: I yield to the gentleman.
        Mr. Foreman: I thank the gentlemen for coming to my aid in this 
    instance. In these matters I am perfectly capable of handling 
    myself physically, particularly when it comes to fisticuffs. 
    However, I was quite surprised to find that the gentleman from San 
    Antonio completely lost his head, and evidently, his reasoning, and 
    had to resort to striking me in these Halls of Congress because he 
    disagreed with something that had been reported in the newspapers 
    that I had said.
        The gentleman from Texas [Mr. Gonzalez] said he understood that 
    I had called him a Communist. This was certainly a misunderstanding 
    on his part. I have stated that in my opinion Mr. Gonzalez' 
    ultraliberal, leftwing voting record had done a disservice to the 
    U.S. Constitution and helps to serve the Socialist-Communist cause. 
    I stand behind this statement without retraction or apology.

    Parliamentarian's Note: On Feb. 22, 1945, an altercation occurred 
between Mr. Frank E. Hook, of Michigan, and Mr. John E. Rankin, of 
Mississippi, the latter being disturbed by allegedly blasphemous words 
used against him in debate by Mr. Hook. Some physical contact took 
place between the two Members on the floor while the House was in 
session. Mr. Hook's words, which precipitated the incident, were 
stricken from the Record by order of Speaker Pro Tempore Robert 
Ramspeck, of Georgia. Mr. Hook and Mr. Rankin later apologized to the 
House on Feb. 23, 1945, and no further action was taken by the 
House.(8)
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 8. 91 Cong. Rec. 1371, 1372, 1390, 1391, 1445, 79th Cong. 1st Sess.

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[[Page 10545]]

Announcements as to Anticipated Disorder

Sec. 41.7 The Chairman of the Committee of the Whole may make an 
    announcement concerning decorum on the floor during forthcoming 
    debate on a certain bill.

    On Oct. 21, 1969,(9) Chairman Daniel J. Flood, of 
Pennsylvania, made an announcement in relation to the decorum on the 
House floor during the debate on H.R. 13827, the Housing and Urban 
Development Act of 1969. The Chairman stated that House employees who 
did not have specific privileges of the floor would be withdrawn from 
the floor, that the whips would be quiet, that the aisles to the right 
and left would be cleared, and that there would be no undue activity at 
the rail during debate on the bill.(10)
---------------------------------------------------------------------------
 9. 115 Cong. Rec. 30806, 91st Cong. 1st Sess.
10. See also Chairman Flood's announcement during consideration of S. 
        3708, the Demonstration Cities Act of 1966, 112 Cong. Rec. 
        26603, 26604, 89th Cong. 2d Sess., Oct. 13, 1966.
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Demonstrations, Approval, or Disapproval by Members; Applause

Sec. 41.8 Demonstrations of approval or disapproval by Members during 
    debate, such as applauding or rising to applaud, are not a part of 
    the Record, and the Speaker may direct the reporters of the debates 
    to refrain from inserting indications of such activity in the 
    Record.

    On Mar. 6, 1945, Mr. John E. Rankin, of Mississippi, addressed the 
House on the subject of demonstrations of approval in the House by way 
of applause, shouts, and laughter. He made the suggestion that such 
demonstrations should be reflected in the Congressional Record, 
although the rulings of the Chair had been to the contrary. Speaker Sam 
Rayburn, of Texas, discussed his past rulings on the question and the 
rational thereof. He concluded, ``the Chair has held that 
demonstrations in the House are not a part of the Record, and shall 
continue to hold that until the rules of the House are changed.'' 
(11)
---------------------------------------------------------------------------
11. 91 Cong. Rec. 1789, 79th Cong. 1st Sess.
---------------------------------------------------------------------------

Evidence of ``Applause'' Normally Omitted

Sec. 41.9 The word ``applause'' may be inserted in the Record where the 
    demonstration occurs during a joint session of Congress.

[[Page 10546]]

    On Mar. 6, 1945,(12) Mr. Charles L. Gifford, of 
Massachusetts, called attention to the appearance in the Congressional 
Record of Mar. 1 of the word ``applause'' 20 times. He stated that the 
insertions apparently included applause as part of the proceedings of 
the House, although Speaker Sam Rayburn, of Texas, had just stated that 
demonstrations in the House were not and should not be a part of the 
Record.(13) Speaker Rayburn responded that (1) he had not 
been presiding at the session referred to and (2) the insertions were 
not improper because the date referred to was the occasion of a joint 
session of Congress in which the President delivered an address.
---------------------------------------------------------------------------
12. 91 Cong. Rec. 1790, 79th Cong. 1st Sess.
13. See Sec. 41.8, supra.
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Only Chair Puts Question

Sec. 41.10 Votes on questions may be put only by the Chair and it is 
    not in order for a Member having the floor in debate to ask that 
    Members who would vote for the pending bill if it contained a 
    certain provision to express their approval by rising in their 
    seats or raising their hands.

    On May 5, 1955,(14) Mr. Abraham J. Multer, of New York, 
requested in debate that those Members who would vote for a pending 
bill if it contained a certain amendment to rise in their seats. Mr. 
Clare E. Hoffman, of Michigan, made the point of order that Mr. Multer 
had no right to ask for a vote, and Chairman Robert L. F. Sikes, of 
Florida, sustained the point of order. Mr. Multer then refused to yield 
to another Member, stating that he would yield only for a ``show of 
hands or rising'' by Members who would vote for the provision. Chairman 
Sikes reminded Mr. Multer to proceed in order.
---------------------------------------------------------------------------
14. 101 Cong. Rec. 5778, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 41.11 On one occasion during debate in Committee of the Whole, 
    there being no objection, the Minority Leader requested his party 
    members to demonstrate their support for a certain proposition by a 
    show of hands.

    On Aug. 6, 1963,(15) Minority Leader Charles A. Halleck, 
of Indiana, stated in regard to a pending bill:
---------------------------------------------------------------------------
15. 109 Cong. Rec. 14289, 88th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. Chairman, I do not know whether it would be parliamentary 
    or not,

[[Page 10547]]

    but I would like to have the Republicans who are here--and we are 
    in goodly number--raise their hands to indicate whether they will 
    vote for this bill with or without the amendment.

    No objection was made to the request for a show of hands.

Proper Attire

Sec. 41.12 The Speaker announced, since questions had been raised 
    concerning the proper attire for Members in the Chamber following 
    the raising of thermostat controls to 78 degrees to comply with a 
    Presidential order regarding energy conservation, that (1) the 
    Speaker still considered traditional attire appropriate for 
    Members, including a coat and tie for male Members and appropriate 
    attire for female Members; (2) the Chair would recognize any Member 
    to offer a resolution as a question of the privileges of the House 
    to permit a relaxation in dress; and (3) the Chair would prefer not 
    to rule on a point 
    of order that a Member was 
    in violation of the Speaker's guidelines, trusting that the 
    standards of dress would be voluntarily maintained and accepted by 
    Members, but would not foreclose the possibility of entertaining 
    such a point of order; the Speaker also refused to recognize a 
    Member in violation of traditional standards of dress, and 
    requested the Member in question to remove himself from the floor 
    and don proper attire.

    On July 17, 1979,(16) Speaker Thomas P. O'Neill, Jr., of 
Massachusetts, made the following announcement:
---------------------------------------------------------------------------
16. 125 Cong. Rec. 19008, 96th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker: The Chair wishes to make a statement.
        In recent days the Congress has undertaken measures to comply 
    with the President's Executive order implementing thermostat 
    controls for nonresidential buildings, most particularly by raising 
    the temperature in the Capitol and congressional office buildings 
    to 78 degrees. This effort to conserve energy has undoubtedly 
    resulted in some discomfort for Members, staff, and visitors to the 
    Capitol. As a result, some questions have arisen concerning proper 
    dress for Members when they are in the House Chamber. Over many 
    years and during some uncomfortable seasons, Members have respected 
    an unwritten standard. Historically, a coat and tie has always been 
    required for male Members and appropriate attire for female 
    Members. The Chair believes that the House should continue to 
    adhere to this practice. The Chair certainly intends to. Perhaps 
    the Chair reflects the views of his own genera

[[Page 10548]]

    tion but he feels that this is one of the ways in which he shows 
    his respect for this institution.
        The Chair does not believe he should become an arbiter of 
    style. What color a person wears or the manner in which he or she 
    combs his hair is certainly 
    a matter for individual determination. . . .
        If any Member would desire to offer a resolution raising a 
    question of privilege of the House to the effect that Members may 
    relax their dress, such Member may so offer the resolution and the 
    Chair would recognize him for such purposes. . . . The Chair would 
    ask the gentleman from Texas if he would kindly remove himself from 
    the floor and appear in the customary attire that the Members of 
    the Congress wear. . . .
        Mr. [Robert E.] Bauman [of Maryland]: Mr. Speaker, in view of 
    the ruling by the distinguished Speaker of the House, in the future 
    would it be in order, under clause 2 of rule I, which grants the 
    Speaker power to preserve order and decorum, to make a point of 
    order against any Members of the House who do not accede to the 
    dress code that the Speaker has described?
        The Speaker: The Chair will advise the gentleman from Maryland 
    that the Chair hopes not to have to rule on a point of order 
    concerning a dress code for Members and would prefer that the 
    standards of dress be voluntarily maintained and accepted by the 
    Members.
        Mr. Bauman: Mr. Speaker, would the Chair entertain such a point 
    of order if it were made?
        The Speaker: The Chair would not foreclose that at this time.
        Mr. Bauman: I thank the Chair.
        The Speaker: The Chair would ask the gentleman from Texas to 
    remove himself from the floor, and the gentleman can address the 
    House at such time as he is in the proper attire.
        Mr. [James A.] Mattox [of Texas]: Mr. Speaker----
        The Speaker: The Chair is not recognizing the gentleman. The 
    Chair has made his statement.
        If any Member desires to offer a resolution to change the 
    customs and attire with regard to dress, as a point of privilege of 
    the House, the Chair would recognize the Member.

Sec. 41.13 The Speaker announced, during a vote by electronic device, 
    that Members were not permitted under the traditions of the House 
    to wear overcoats on the House floor.

    On Dec. 16, 1981,(17) Speaker Thomas P. O'Neill, Jr., of 
Massachusetts, made an announcement in the House, as follows:
---------------------------------------------------------------------------
17. 127 Cong. Rec. 31847, 97th Cong. 1st Sess.
---------------------------------------------------------------------------

        The Speaker (during the vote): The Chair has been informed by 
    some of the Members that the Chair has not been adhering to the 
    customs and traditions of the House, one being that Members should 
    not be on the floor with outer garments, with overcoats. So, they 
    will kindly remove themselves and remove the garments.

Hats

Sec. 41.14 The wearing of hats on the floor by Members is not

[[Page 10549]]

    permitted under clause 7 of Rule XIV and the prohibition extends to 
    the taking off of the hat in tribute to a constituent athletic 
    team.

    On June 22, 1993,(18) the Chair addressed the issue of 
the wearing of hats:
---------------------------------------------------------------------------
18. 139 Cong. Rec. p. ____, 103d Cong. 1st Sess.
---------------------------------------------------------------------------

        (Mrs. Collins of Illinois asked and was given permission to 
    address the House for 1 minute and to revise and extend her 
    remarks.)
        Mrs. [Cardiss] Collins of Illinois: Mr. Speaker, I proudly rise 
    today to congratulate the Chicago Bulls for their threepeat NBA 
    championship victory Sunday night, which secured them a 
    distinguished place in NBA history as one of the league's best 
    teams of all time. For the first time in 27 years, and only the 
    third time ever, an NBA champion took home the coveted crown 3 
    years in succession--an un-BULL-ievable feat in today's era of 
    professional sports. . . .
        Mr. Speaker, I salute my Chicago Bulls.
        The Speaker: (19) The Chair understands the 
    enthusiasm of the gentlewoman from Illinois, but admonishes other 
    Members that the wearing of hats on the floor of the House, even 
    to doff them in honor of a very successful team, is not permitted 
    under the House rules.
---------------------------------------------------------------------------
19. Thomas S. Foley (Wash.).
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Smoking

Sec. 41.15 The Chairman of the Committee of the Whole sustained a point 
    of order that Members were smoking on the floor in violation of 
    clause 7 of Rule XIV.

    On Aug. 14, 1986,(20) during consideration of H.R. 4428 
(Department of Defense authorization for fiscal year 1987) in the 
Committee of the Whole, Chairman Pro Tempore Marty Russo, of Illinois, 
sustained a point of order as indicated below:
---------------------------------------------------------------------------
20. 132 Cong. Rec. 21714, 21718, 99th Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. [Thomas J.] Downey of New York: Mr. Chairman, I rise to a 
    point of order.
        The Chairman Pro Tempore: The gentleman will state his point of 
    order.
        Mr. Downey of New York: Mr. Chairman, is smoking permitted on 
    the House floor?
        The Chairman Pro Tempore: The Chair will advise Members that 
    there is no smoking on the House floor. Clause 7 of rule XIV is 
    explicit on that point. The Chair will advise Members that the 
    Chair has a very vigilant eye for those kind of infractions. The 
    Chair will advise Members, the Chair is ever watchful for that 
    opportunity to find someone out of order for smoking on the floor.
        The Chair will advise Members that the Chair is reluctant to 
    point out Members who have smoking material on their person on the 
    floor. This is the Chair's last warning to those individuals. The 
    Chair will have the Sergeant at Arms enforce the rule.

Sec. 41.16 The prohibition against smoking on the floor of the

[[Page 10550]]

    House extends to smoking behind the rail.

    On Feb. 23, 1995,(1) the Chair responded to 
parliamentary inquiries on the subject of smoking:
---------------------------------------------------------------------------
 1. 141 Cong. Rec. p. ____, 104th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Ray] LaHood [of Illinois]: Mr. Speaker, I have a 
    parliamentary inquiry.
        The Speaker Pro Tempore: (2) The gentleman will 
    state it.
---------------------------------------------------------------------------
 2. Thomas W. Ewing (Ill.).
---------------------------------------------------------------------------

        Mr. LaHood: Mr. Speaker, is it within the realm of the House 
    rules for Members to smoke on the floor?
        The Speaker Pro Tempore: That is prohibited.
        Mr. LaHood: I wish the Chair would advise Members of that, 
    please.
        The Speaker Pro Tempore: The Members are so advised.
        Mr. [Harold L.] Volkmer [of Missouri]: Mr. Speaker, I have a 
    parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Volkmer: Mr. Speaker, at the rear of the Chambers, behind 
    the rail, is that included in the area in which Members can smoke?
        The Speaker Pro Tempore: That has been ruled to be part of the 
    floor.
        Mr. Volkmer: And Members are not to smoke in the back behind 
    the rail?
        The Speaker Pro Tempore: The gentleman is correct.

Speaking From Well When House Not in Session

Sec. 41.17 Members may not speak from the well of the House if the 
    House is in recess.

    On Aug. 2, 1955,(3) Speaker Sam Rayburn, of Texas, 
answered a parliamentary inquiry:
---------------------------------------------------------------------------
 3. 101 Cong. Rec. 13067, 84th Cong. 1st Sess.
---------------------------------------------------------------------------

        Mr. [Clare E.] Hoffman of Michigan: Mr. Speaker, if the House 
    is in recess, under the rules of the House may a Member speak from 
    the well of the House while the recess is on?
        The Speaker: Not when the House is in recess.