[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 525-541]
[From the U.S. Government Publishing Office, www.gpo.gov]
Rule XIV.
OF DECORUM AND DEBATE.
[[Page 526]]
of the Senate, or other quotations from Senate proceedings.
| Sec. 749. Obtaining the floor for debate; and relevancy and decorum therein. | 1. When any Member desires to speak or deliver any matter to the House, he shall rise and respectfully address himself to ``Mr. Speaker'', and, on being recognized, may address the House from any place on the floor or from the Clerk's desk, and shall confine himself to the question under debate, avoiding personality. Debate may include references to actions taken by the Senate or by committees thereof which are a matter of public record, references to the pendency or sponsorship in the Senate of bills, resolutions, and amendments, factual descriptions relating to Senate action or inaction concerning a measure then under debate in the House, and quotations from Senate proceedings on a measure then under debate in the House and which are relevant to the making of legislative history establishing the meaning of that measure, but may not include characterizations of Senate action or inaction, other references to individual Members |
| Sec. 750. Interruption of a Member in debate. | A Member having the floor may not be taken off his feet by an ordinary motion, even the highly privileged motion to adjourn (V, 5369, 5370; VIII, 2646), or the motion to table (Mar. 18, 1992, p. ----). He may not be deprived of the floor by a parliamentary inquiry (VIII, 2455-2458), a question of privilege (V, 5002; VIII, 2459), a motion that the committee rise (VIII, 2325), or a demand for the previous question (VIII, 2609; Mar. 18, 1992, p. ----), but he may be interrupted for a conference report (V, 6451; VIII, 3294). It is a custom also for the Speaker to request a Member to yield for the reception of a message. A Member may yield the floor for a motion to adjourn or that the Committee of the Whole rise without losing his right to continue when the subject is again continued (V, 5009-5013), but where the House has by resolution vested control of general debate in the Committee of the Whole in designated Members, their control of general debate may not be abrogated by another Member moving to rise, unless they yield for that purpose (May 25, 1967, p. 14121). A Member may also resume his seat while a paper is being read in his time without losing his right to the floor (V, 5015). A Member who, having the floor, moved the previous question was permitted to resume the floor on withdrawing the motion (V, 5474). But a Member may not yield to another Member to offer an amendment without losing the floor (V, 5021, 5030, 5031; VIII, 2476), and a Member may not offer an amendment in time secured for debate only (VIII, 2474), or request unanimous consent to offer an amendment unless yielded to for that purpose by the Member controlling the floor (Sept. 24, 1986, p. 25589). A Member recognized under the five-minute rule in the Committee of the Whole may not yield to another Member to offer an amendment, as it is within the power of the Chair to recognize each Member to offer amendments (Apr. 19, 1973, p. 13240; Dec. 12, 1973, p. 41171). A Member desiring to interrupt another in debate should address the Chair for permission of the Member speaking (V, 5006; VI, 193), but the latter may exercise his own discretion as to whether or not he will yield (V, 5007, 5008; VI, 193; VIII, 2463, 2465). It is not in order to disrupt a Member's remarks in debate by repeatedly interrupting to ask whether he will yield after he has declined to do so (Apr. 9, 1992, p. ----); and the remarks of an interrupting Member do not appear in the Record because they were not uttered under recognition (July 21, 1993, p. ---- ). |
| Sec. 751. Speaker in debate. | The Speaker may of right speak from the Chair on questions of order and be first heard (II, 1367), but with this exception he may speak from the Chair only by leave of the House and on questions of fact (II, 1367-1372). On occasions comparatively rare Speakers have called Members to the Chair and participated in debate on questions of order or matters relating their own conduct or rights, usually without asking consent of the House (II, 1367, 1368, |
| Sec. 752. Member must confine himself to the subject. | It has always been held, and generally quite strictly, that in the House the Member must confine himself to the subject under debate (V, 5043-5048; VI, 576; VIII, 2481, 2534). Debate on a motion to amend must be confined to the amendment, and may neither include the general merits of the bill (V, 5049-5051), nor range to the merits of a proposition not included in the underlying resolution (Jan. 31, 1995, p. ----). On a motion to suspend the rules, debate is confined to the object of the motion and may not range to the merits of a bill not scheduled for such consideration (Nov. 23, 1991, p. ----). However, debate on a special order providing for the consideration of a bill may range to the merits of the bill to be made in order (Sept. 26, 1989, p. 21532; Oct. 16, 1990, p. ----; Oct. 1, 1991, p. ----), since the question of consideration of the bill is involved, but should not range to the merits of a measure not to be considered under that special order (Sept. 27, 1990, p. ----). The Chair normally waits for the question of relevancy of debate to be raised and does not take initiative (Sept. 27, 1990, p. ----; Mar. 23, 1995, p. ----). If a unanimous consent request for a Member to address the House for one hour specifies the subject of the address, the occupant of the Chair during that speech may enforce the rule of relevancy in debate by requiring that the remarks be confined to the subject so specified (Jan. 23, 1984, p. 93). Debate on a question of personal privilege must be confined to the statements or issue which gave rise to the question of privilege (V, 5075-5077; VI, 576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623). Debate on a privileged resolution recommending disciplinary action against a Member, while it may include comparisons with other such actions taken by or reported to the House for purposes of measuring severity of punishment, may not extend to the conduct of another Member not the subject of a committee report (Dec. 18, 1987, p. 36271). The question whether a Member should be relieved from committee service is debatable only within very narrow limits (IV, 4510; June 16, 1975, p. 19056). Debate on a resolution electing a Member to a committee is confined to the election of that Member and should not extend to that committee's agenda (July 10, 1995, p. ----). |
| Sec. 753c. ``Oxford'' style debates. | In the 103d Congress the House agreed by unanimous consent to conduct at a time designated by the Speaker structured debate on a mutually agreeable topic announced by the Speaker, with four participants from each party in a format announced by the Speaker (Feb. 11, 1994, p. ----; Mar. 11, 1994, p. ---- ; May 23, 1994, p. ----; June 8, 1994, p. ----; June 10, 1994, p. ----). Pursuant to that authority the House conducted three ``Oxford''-style debates (Mar. 16, 1994, p. ----; May 4, 1994, p. ----; July 20, 1994, p. ----). As a precursor to those structured debates, special-order time was used for a ``Lincoln-Douglas'' style debate involving five Members, with one Member acting as ``moderator'' by controlling the hour under this clause (Nov. 3, 1993, p. ----). |
| Sec. 754. Speaker governed by usage in recognitions. | Although there is no appeal from the Speaker's recognition, he is not a free agent in determining who is to have the floor. The practice of the House establishes rules from which he may not depart. When the order of business brings before the House a certain bill he must first recognize, for motions for its disposition, the Member who represents the committee which has reported it (II, 1447; VI, 306, 514). This is not necessarily the chairman of the committee, for a chairman who, in committee, has opposed the bill, must yield the prior recognition to a member of his committee who has favored the bill (II, 1449). Usually, however, the chairman has charge of the bill and is entitled at all stages to prior recognition for allowable motions intended to expedite it (II, 1452, 1457; VI, 296, 300). This principle does not, however, apply to the Chairman of the Committee of the Whole (II, 1453). The Member who originally introduces the bill which a committee reports has no claims to recognition as opposed to the claims of the members of the committee, but in cases where a proposition is brought directly before the House by a Member the mover is entitled to prior recognition for motions and debate (II, 1446, 1454; VI, 302-305, 417; VIII, 2454, 3231). And this principle applies to the makers of certain motions. Thus, the Member on whose motion the enacting clause of a bill is stricken out in Committee of the Whole is entitled to prior recognition when the bill is reported to the House (V, 5337; VIII, 2629), and in a case where a Member raised an objection in the joint session to count the electoral vote the Speaker recognized him first when the Houses had separated to consider the objection (III, 1956). But a Member may not, by offering a debatable motion of higher privilege than the pending motion, deprive the Member in charge of the bill of possession of the floor for debate (II, 1460-1463; VI, 290, 297-299; VIII, 2454, 3193, 3197, 3259). The Member in charge of the bill and having the floor may demand the previous question, although another Member may propose to offer a motion of higher privilege (VIII, 2684); but the motion of higher privilege must be put before the previous question (V, 5480; VIII, 2684). The Member who has been |
| Sec. 755. Loss of right to recognition by Member in charge. | When an essential motion made by the Member in charge of the bill is decided adversely the right to prior recognition passes to the Member leading the opposition to the motion (II, 1465-1468; VI, 308). The control of the measure passes under this principle when the House disagrees to the recommendation of the committee reporting the bill (II, 1469-1472), when the Committee of the Whole reports a bill adversely (IV, 4897; VIII, 2430), when the motion for the previous question is rejected (VI, 308), subject to the motion of the Member who led the opposition to the previous question being preempted by a motion of higher precedence (Aug. 13, 1982, pp. 20969, 20975-78), and in most cases, when the House refuses to order the previous question on a conference report and then rejects the report (II, 1473-1477; V, 6396). But the mere defeat of an amendment proposed by the Member in charge does not cause right to prior recognition to pass to the opponents (II, 1478, 1479), and the invalidation of a conference report on a point of order, while equivalent to its rejection by the House, does not give the Member raising the question of order the right to the floor (VIII, 3284) and exerts no effect on the right to recognition (VI, 313). Rejection of a conference report after the previous question has been ordered thereon does not cause recognition to pass to a Member opposed to the report, and the manager retains control to offer the initial motion to dispose of amendments in disagreement (Speaker Albert, May 1, 1975, p. 12761). |
| Sec. 756. Prior right of Members of the committee to recognition for debate. | In debate the members of the committee--except the Committee of the Whole (II, 1453)--are entitled to priority of recognition for debate (II, 1438, 1448; VI, 306, 307), but a motion to lay a proposition on the table is in order before the Member entitled to prior recognition for debate has begun his remarks (V, 5391-5395; VI, 412; VIII, 2649, 2650). |
| Sec. 757. Exceptions to the usages constraining the Speaker as to recognitions. | As to motions to suspend the rules, which are in order on Mondays and Tuesdays of each week, the Speaker exercises a discretion to decline to recognize (V, 6791-6794, 6845; VIII, 3402- 3404). He also may decline to recognize a Member who desires to ask unanimous consent to set aside the rules in order to consider a bill not other-wise in order, this being the way of signifying his objection to the request. But this authority does not extend to proceedings under clause 4 of rule XIII. The Speaker has announced and enforced a policy of conferring recognition for unanimous consent requests for the consideration of unreported bills and resolutions only when assured that the majority and minority floor and committee leaderships have no objection (Dec. 15, 1981, p. 31590; May 4, 1982, p. 8613; Nov. 16, 1983, p. 33138; Jan. 25, 1984, p. 354; Jan. 26, 1984, p. 449; Jan. 31, 1984, p. 1063; Oct. 2, 1984, p. 28516; Feb. 4, 1987, p. 2675; Jan. 3, 1989, p. 89; Jan. 3, 1991, p. ----; Jan. 5, 1993, p. ----; Apr. 4, 1995, p. ---- ). In the 103d Congress this policy was extended to reported bills (July 23, 1993, p. ----). The Speaker's enforcement of this policy is not subject to appeal (Apr. 4, 1995, p. ----). ``Floor leadership'' in this context has been construed to apply only to the Minority Leader and not to the entire hierarchy of minority leadership, where the Chair had been assured that the Minority Leader had been consulted (Apr. 25, 1985, p. 9415). This policy applies (1) to requests to immediately consider matters (separately unreported) comprising a portion of a measure already passed by the House (Dec. 19, 1985, p. 38356); (2) to requests to consider a motion to suspend the rules and pass an unreported bill (on a non-suspension day) (Aug. 12, 1986, p. 21126); (3) to requests to permit consideration of (nongermane) amendments to bills (Nov. 14, 1991, p. ----); and (4) to requests to permit expedited consideration of measures on subsequent days, as by waiving the requirement that a bill be referred to committee for 30 legislative days before a motion to discharge may be presented under clause 3 of rule XXVII (June 5, 1992, p. ----). With respect to unanimous consent requests to dispose of Senate amendments to House bills on the Speaker's table, the Chair will entertain such a request only if made by the chairman of the committee with jurisdiction, or by another committee member authorized to make the request (Apr. 26, 1984, p. 10194; Feb. 4, 1987, p. 2675; Deschler's Precedents, vol. 6, ch. 21, sec. 1.23). |
| Sec. 758. The hour rule in debate. | 2. * * * and no Member shall occupy more than one hour in debate on any question in the House or in committee, except as further provided in this rule. |
| Sec. 759. The opening and closing of general debate. | 3. The Member reporting the measure under consideration from a committee may open and close, where general debate has been had thereon; and if it shall extend beyond one day, he shall be entitled to one hour to close, notwithstanding he may have used an hour in opening. |
| Sec. 760. The call to order. | 4. If any Member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any Member may, call him to order; in which case he shall immediately sit down, unless permitted, on motion of another Member, to explain, and the House shall, if appealed to, decide on the case without debate; if the decision is in favor of the |
| Sec. 761. Words taken down. | 5. If a Member is called to order for words spoken in debate, the Member calling him to order shall indicate the words excepted to, and they shall be taken down in writing at the Clerk's desk and read aloud to the House; but he shall not be held to answer, nor be subject to the censure of the House therefor, if further debate or other business has intervened. |
| Sec. 762. Member to speak but once to the same question; right to close controlled debate. | 6. No Member shall speak more than once to the same question without leave of the House, unless he be the mover, proposer, or introducer of the matter pending, in which case he shall be permitted to speak in reply, but not until every Member choosing to speak shall have spoken. |
| Sec. 763. Decorum of Members in the Hall. | 7. 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. |
| Sec. 764. Gallery occupants not to be introduced. | 8. It shall not be in order for any Member to introduce to or to bring to the attention of the House during its sessions any occupant in the galleries of the House; nor may the Speaker entertain a request for the suspension of this rule by unanimous consent or otherwise. |
| Sec. 764a. Revisions of remarks in debate. | 9. (a) The Congressional Record shall be a substantially verbatim account of remarks made during the proceedings of the House, subject only to technical, grammatical, and typographical corrections authorized by the Member making the remarks involved. |
| Sec. 764b. Standard of conduct. | (c) This clause establishes a standard of conduct within the meaning of clause 4(e)(1)(B) of rule X. |