    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 691-717]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Decorum
                        Rule XVII.--DECORUM AND DEBATE

    [[Page 692]]

    Delegate, or Resident Commissioner may speak from the Clerk's desk.

    945. Obtaining the floor for debate; and relevancy and
    decorum therein.

      1. (a)  A Member, Delegate, or Resident Commissioner who
    desires to speak or deliver a matter to the House shall rise and
    respectfully address himself to ``Mr. Speaker'' and, on being
    recognized, may address the House from any place on the floor. When
    invited by the Chair, a Member,

      (b)(1) Remarks in debate shall be confined to the question under
    debate, avoiding personality.

      (2)(A) Except as provided in subdivision (B), debate may not include
    characterizations of Senate action or inaction, references to individual
    Members of the Senate, or quotations from Senate proceedings.

      (B) Debate may include references to actions taken by the Senate or by
    committees thereof that 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 that are
    relevant to the making of legislative history establishing the meaning
    of that measure.

      This clause (former clause 1 of rule XIV) was adopted in 1880, but was
    made up, in its main provisions, from older rules, which dated from 1789
    and 1811 (V, 4979). Subparagraph (2), relating to references to the
    Senate, had its origins in the 100th Congress (H. Res. 5, Jan. 6, 1987,
    p. 6) but was amended in the 101st Congress (H. Res. 5, Jan. 3, 1989, p.
    72) to narrowly expand the range of permissible references. Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 1 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).
    This rule, and rulings of the Chair with respect to references in debate
    to the Senate, are discussed in Sec. 371, supra; see also Sec. 361,
    supra.

    [[Page 693]]

    only and not to other entities such as the press or the television
    audience, and the Chair enforces this rule on its own initiative (see,
    e.g., Nov. 8, 1979, p. 31519; Sept. 29, 1983, p. 26501; Dec. 17, 1987,
    p. 36139); (3) Members should not refer to or address any occupant of
    the galleries; (4) Members should refer to other Members in debate only
    in the third person, by state designation (Speaker O'Neill, June 14,
    1978, p. 17615; Oct. 2, 1984, p. 28520; Mar. 7, 1985, p. 5028); (5)
    Members should refrain from using profanity or vulgarity in debate (Mar.
    5, 1991, p. 5036; Feb. 18, 1993, p. 2973; Nov. 17, 1995, p. ----; July
    23, 1998, p. ----); (6) the Chair may interrupt a Member engaging in
    personalities with respect to another Member of the House, as the Chair
    does with respect to references to the Senate or the President (Jan. 4,
    1995, p. 551); and (7) Members should refrain from discussing the
    President's personal character (May 10, 1994, p. 9697). The Speaker has
    deplored the tendency to address remarks directly to the President (or
    others not in the Chamber) in the second person, and cautions Members on
    his own initiative (see, e.g., Oct. 16, 1989, p. 24715; Oct. 17, 1989,
    p. 24764; Jan. 24, 1990, p. 426; Oct. 9, 1991, p. 25999). Even when
    referring in debate to the Speaker, himself, a Member directs his
    remarks to the occupant of the Chair and addresses him as ``Mr.
    Speaker'' pursuant to this clause (Nov. 1, 1983, p. 30267).
      The Speaker, who has a responsibility under rule I to maintain and
    enforce decorum in debate, and the Chairman of the Committee of the
    Whole, who enforces decorum in debate under rule XVIII, have reminded
    and advised Members that: (1) clause 1 requires Members seeking
    recognition to rise and to address themselves to the question under
    debate, avoiding personality; (2) Members should address their remarks
    to the Chair

      Members should refrain from speaking disrespectfully of the Speaker or
    arraigning the personal conduct of the Speaker, and under the precedents
    the sanctions for such violations transcend the ordinary requirements
    for timeliness of challenges (II, 1248; Jan. 4, 1995, p. 551; Jan. 18,
    1995, p. 1441; Jan. 19, 1995, p. 1599). Engaging in personalities with
    respect to the Speaker's conduct is not in order even though possibly
    relevant to a pending resolution granting him certain authority (Sept.
    24, 1996, p. ----).

      This clause has also been interpreted to proscribe the wearing of
    badges by Members to communicate a message, since Members must rise and
    address the Speaker to deliver any matter to the House (Speaker O'Neill,
    Apr. 15, 1986, p. 7525; Feb. 22, 1995, p. 5435; Mar. 29, 1995, p. 9662;
    Oct. 19, 1995, pp. 28522, 28540, 28646; Nov. 17, 1995, p. 5435; Mar. 7,
    1996, p. 4083; Sept. 26, 1996, p. ----; July 24, 1998, p. ----). A
    Member's comportment may constitute a breach of decorum even though the
    content of that Member's speech is not, itself, unparliamentary (July
    29, 1994, p. 18609). Under this standard the Chair may deny recognition
    to a Member who has engaged in unparliamentary debate and ignored
    repeated admonitions by the Chair to proceed in order, subject to the
    will of the House on the question of his proceeding in order (Sept. 18,
    1996, p. ----).

      For further discussion of personalities in debate with respect to
    references to the official conduct of a Member, see Sec. Sec. 361-363,
    supra; with respect to references to the President, see Sec. 370, supra;
    and with respect to references to the Senate, see Sec. Sec. 371-374,
    supra.

    [[Page 694]]

    or leadership listings, it is a general rule that a motion must be made
    before a Member may proceed in debate (V, 4984, 4985), and this motion
    may be required to be reduced to writing (V, 4986). A motion must also
    be stated by the Speaker or read by the Clerk before debate may begin
    (V, 4982, 4983, 5304). The withdrawal of a motion precludes further
    debate on it (V, 4989). But sometimes when a communication or a report
    has been before the House it has been debated before any specific motion
    has been made in relation to it (V, 4987, 4988). In a few cases, such as
    conference reports and reports from the Committee of the Whole, the
    motion to agree is considered as pending without being offered from the
    floor (IV, 4896; V, 6517).
      Aside from ``special-order,'' ``morning-hour,'' or ``one-minute''
    debate, where no question is pending and recognition is by unanimous
    consent

      In presenting a question of personal privilege the Member is not
    required in the first instance to make a motion or offer a resolution,
    but such is not the rule in presenting a case involving the privileges
    of the House (III, 2546, 2547; VI, 565, 566, 580). Personal explanations
    merely are made by unanimous consent (V, 5065).

    [[Page 695]]

    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. 9040; Nov. 13, 1997, p. ----). Where a Member
    interrupts another during debate without being yielded to or otherwise
    recognized (as on a point of order), his remarks are not printed in the
    Record (Speaker O'Neill, Feb. 7, 1985, p. 2229; July 21, 1993, p. 16545;
    July 29, 1994, p. 18609; Dec. 21, 1995, p. ----). Members should not
    engage in disruption while another is speaking (Dec. 20, 1995, p. ----;
    June 27, 1996, p. 15915).

    Sec. 946. 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. 6022). 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. 6022), 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; June 10, 1999, p. ----). 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;

    Sec. 947. 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, 1371; III, 1950; V, 6097). In more recent years, Speakers
    have frequently entered into debate from the floor on substantive
    legislative issues before the House for decision, and the right to
    participate in debate in the Committee of the Whole is without question
    (see, e.g., Apr. 30, 1987, p. 10811).

    Sec. 948. 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). The Chair normally waits for the question of
    relevancy of debate to be raised and does not take initiative (Sept. 27,
    1990, p. 26226; Mar. 23, 1995, p. 8986; Nov. 14, 1995, pp. ----, ----;
    Dec. 15, 1995, p. ----; Mar. 12, 1996, p. 4149).

    [[Page 696]]

    order (Sept. 27, 1990, p. 26226; July 25, 1995, p. ----; Sept. 20, 1995,
    p. 15838; Dec. 15, 1995, p. ----; May 1, 1996, p. 9888; May 8, 1996, p.
    10511; May 15, 1996, p. 1131; Mar. 13, 1997, p. ----). Debate on a
    resolution providing authorities to expedite the consideration of end-
    of-session legislation may neither range to the merits of a measure that
    might or might not be considered under such authorities nor engage in
    personalities with respect to the official conduct of the Speaker, even
    as asserted to relate to the question of granting the authorities
    proposed (Sept. 24, 1996, 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 sitting 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. 18258).
      During debate on a bill a Member must maintain a constant nexus
    between debate and the subject of the bill (Nov. 14, 1995, p. ----; Mar.
    12, 1996, p. 4450). 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. 3032). Similarly, debate on a
    motion to recommit with instructions should be confined to the subject
    of the motion rather than dwelling on the general merits of the bill
    (Mar. 7, 1996, p. 4092). However, the Chair has accorded Members
    latitude in debating a series of amendments in the nature of a
    substitute to a concurrent resolution on the budget (Mar. 25, 1999, 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. 34189). 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. 29668; Oct. 1, 1991, p. 24836), 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

      While the Speakers have entertained appeals from their decisions as to
    irrelevancy, they have held that such appeals were not debatable (V,
    5056-5063).

      In Committee of the Whole House on the state of the Union during
    general debate the Member need not confine himself to the subject (V,
    5233-5238; VIII, 2590; June 28, 1974, p. 21743); but this privilege does
    not extend to the Committee of the Whole (V, 5239; VIII, 2590). All
    five-minute debate in Committee of the Whole is confined to the subject
    (V, 5240-5256), even on a pro forma amendment (VIII, 2591), in which
    case debate must relate to an issue in the pending portion of the bill
    (VIII, 2592, 2593); thus, where a general provisions title is pending
    debate may relate to any agency funded by the bill (June 13, 1991, p.
    14692).

    [[Page 697]]

    949. Speaker's power of recognition.

                                                         Rule XVII, clause 2
    Rule XVII, clause 2
    Recognition
       2. When two or more
    Members, Delegates, or the Resident Commissioner rise at once, the
    Speaker shall name the Member, Delegate, or Resident Commissioner who is
    first to speak. * * *

      This provision was adopted in 1789 (V, 4978). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).

    --  Recognition <> for one-minute speeches by unanimous consent and the order
    of recognition are entirely within the discretion of the Speaker (Nov.
    15, 1983, p. 32657). When the House has a heavy legislative schedule,
    the Speaker may refuse to recognize Members for that purpose until the
    completion of legislative business (Procedure, ch. 21, sec. 7.5; July
    24, 1980, p. 19386). It is not in order to raise as a question of the
    privileges of the House a resolution directing the Speaker to recognize
    for such speeches, since a question of privilege cannot amend or
    interpret the Rules of the House (July 25, 1980, pp. 19762-64). The
    modern practice of limiting recognition before legislative business to
    one minute began August 2, 1937 (p. 8004) and was reiterated by Speaker
    Rayburn on March 6, 1945 (Deschler's Precedents, vol. 6, ch. 21, sec.
    6.1).
      In the early history of the House, when business proceeded on
    presentation by individual Members, the Speaker recognized the Member
    who arose first; and in case of doubt there was an appeal from his
    recognition (II, 1429-1434). But as the membership and business of the
    House increased it became necessary to establish and adhere to a fixed
    order of business, and recognitions, instead of pertaining to the
    individual Member, necessarily came to pertain to the bill or other
    business which would be before the House under the rule regulating the
    order of business. Hence the necessity that the Speaker should not be
    compelled to heed the claims of Members as individuals was expressed in
    1879 in a report from the Committee on Rules, which declared that ``in
    the nature of the case discretion must be lodged with the presiding
    officer'' (II, 1424). And in 1881 the Speaker declined to entertain an
    appeal from his decision on a question of recognition (II, 1425-1428),
    establishing thereby a practice which continues (VI, 292; VIII, 2429,
    2646, 2762). It has also been determined that a Member may not invoke
    clause 6 of rule XIV (former rule XXV) (Sec. 884, supra), providing that
    questions relating to the priority of business shall be decided by a
    majority without debate, to inhibit the Speaker's power of recognition
    under this clause (Speaker Albert, July 31, 1975, p. 26249).

    [[Page 698]]

    cial orders were granted (Speaker O'Neill, Aug. 8, 1984, p. 22963; Jan.
    5, 1993, p. 106). But since February 24, 1994, the Speaker's announced
    policies for recognition for special-order speeches has been as follows:
    (1) recognition does not extend beyond midnight; (2) recognition is
    granted first for speeches of five minutes or less; (3) recognition for
    longer speeches is limited (except on Tuesdays) to four hours equally
    divided between the majority and minority; (4) the first hour for each
    party is reserved to its respective Leader or his designees; (5) time
    within each party is allotted in accord with a list submitted to the
    Chair by the respective Leader; (6) the first recognition within a
    category alternates between the parties from day to day, regardless of
    when requests were granted; (7) Members may not enter requests for five-
    minute special orders earlier than one week in advance; and (8) the
    respective Leaders may establish additional guidelines for entering
    requests (Feb. 11, 1994, p. 2244; May 23, 1994, p. 1154; June 10, 1994,
    p. ----; Jan. 4, 1995, p. 551; Feb. 16, 1995, p. 5096; May 12, 1995, p.
    12765; Jan. 21, 1997, p. ----).
      Since the 98th Congress the Speaker has followed announced policies of
    (1) alternating recognition for one-minute speeches and special-order
    speeches between majority and minority Members and (2) recognizing for
    special-order speeches of five minutes or less before longer speeches
    (Speaker O'Neill, Aug. 8, 1984, p. 22963; Jan. 4, 1995, p. 551). In the
    101st Congress, the Chair continued the practice of alternating
    recognition for one-minute speeches but began a practice of recognizing
    Members suggested by their party leadership before others in the well
    (Apr. 19, 1990, p. 7406). From August 8, 1984, through February 23,
    1994, the Speaker also followed an announced policy of recognizing
    Members of the same party within a given category in the order in which
    their requests for spe

      While the Chair's calculation of time consumed under one-minute
    speeches is not subject to challenge, the Chair endeavors to recognize
    majority and then minority Members by allocating time in a nonpartisan
    manner (Aug. 4, 1982, p. 19319). Prior to legislative business, the
    Speaker will traditionally recognize a Member only once by unanimous
    consent for a one-minute speech, and will not entertain a second request
    (May 1, 1985, p. 9995). The Chair will not entertain a unanimous-consent
    request to extend a five-minute special order (Mar. 7, 1995, p. 7152) or
    to extend a special order beyond midnight (Oct. 7, 1998, p. ----). The
    Chair will recognize for subdivisions of the first hour reserved for
    special orders only on designations (and reallocations) by the
    leadership concerned (Oct. 2, 1998, p. ----).-

    [[Page 699]]

    accord with lists supplied by their respective Leaders. During morning-
    hour debate it is not in order to request that a name be removed from a
    list of cosponsors of a bill (Apr. 26, 1994, p. 8544). Under the
    customary order of the House establishing morning-hour debate, the Chair
    does not entertain a unanimous-consent request to extend a five-minute
    period of recognition (Apr. 28, 1998, p. ----).-

    Sec. 951. Morninghour debates.

      Beginning  in the second
    session of the 103d Congress, the House has by unanimous consent agreed
    (without prejudice to the Speaker's ultimate power of recognition under
    this rule) to convene 90 minutes early on Mondays and Tuesdays for
    morning-hour debate (Feb. 11, 1994, p. 2244; May 23, 1994, p. 11459;
    June 8, 1994, p. 12305; June 10, 1994, p. 12684; Jan. 4, 1995, p. 551;
    Feb. 16, 1995, p. 5096; Jan. 21, 1997, p. ----; Jan. 19, 1999, p. ----).
    On May 12, 1995, the House extended and modified the above order to
    accommodate earlier convening times after May 14 of each year. The
    modified order changes morning-hour debates on Tuesdays after May 14 of
    each year as follows: (1) the House convenes one hour early (rather than
    90 minutes); (2) time for debate is limited to 25 minutes for each party
    (rather than 30 minutes); and (3) in no event is morning-hour debate to
    continue beyond 10 minutes before the House is to convene (May 12, 1995,
    p. 12765). The above-cited orders of the House also: (1) postpone the
    Prayer, approval of the Journal, and the Pledge of Allegiance during
    morning-hour debates; and (2) require the Chair to recognize Members for
    not more than five minutes each, alternating between the majority and
    minority parties in

    Sec. 952. ``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. 2244; Mar. 11, 1994, p. 4772; May 23,
    1994, p. 11459; June 8, 1994, p. 12305; June 10, 1994, p. 12648).
    Pursuant to that authority the House conducted three ``Oxford''-style
    debates (Mar. 16, 1994, p. 5088; May 4, 1994, p. 9300; July 20, 1994, p.
    17245). 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. 27312).

    [[Page 700]]

    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; House Practice (1996), p. 834). 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
    recognized to call up a measure in the House has priority of recognition
    to move the previous question thereon, even over the chairman of the
    committee reporting that measure (Oct. 1, 1986, p. 27468). The fact that
    a Member has the floor on one matter does not necessarily entitle him to
    prior recognition on a motion relating to another matter (II, 1464). It
    is because the Speaker is governed by these usages that he often asks,
    when a Member seeks recognition, ``For what purpose does the gentleman
    rise?''. By this question he determines whether the Member proposes
    business or a motion which is entitled to precedence and he may deny
    recognition (VI, 289-291, 293; Aug. 13, 1982, pp. 20969, 20975-78;
    Speaker Wright, Feb. 17, 1988, p. 1583; Feb. 27, 1992, p. 3656) and from
    such denial there is no appeal (II, 1425; VI, 292; VIII, 2429, 2646,
    2762; Feb. 27, 1992, p. 3656). Recognition for parliamentary inquiry
    lies in the discretion of the Chair (VI, 541), who may take a
    parliamentary inquiry under advisement (VIII, 2174), especially where
    not related to the pending proceedings (Apr. 7, 1992, p. 8273).

    Sec. 953. 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). Once the proponent of a pending
    motion has been recognized for debate thereon, a unanimous-consent
    request to modify the motion may be entertained only if the proponent
    yields for that purpose (Jan. 5, 1996, p. 348). 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,

      The Chair may follow a tradition of the House to allow the highest
    ranking party-elected Members (Speaker, Majority Leader, and Minority
    Leader) additional time to make their remarks in important debate (Oct.
    25, 1995, p. ----; Dec. 18, 1998, p. ----).

    Sec. 954. Loss of right to recognition by Member in
    charge.

      When  an essential motion made by the Member in charge of a bill is
    decided adversely, the right to prior recognition passes to the Member
    who the Speaker perceives to be leading the opposition to the motion
    (II, 1465-1468; VI, 308). Under this principle control of a measure
    passes when the House disagrees to a recommendation of the committee
    reporting the measure (II, 1469-1472) or when the Committee of the Whole
    reports the measure adversely (IV, 4897; VIII, 2430). Similarly, this
    principle applies when a motion for the previous question is rejected
    (VI, 308). However, a Member who led the opposition to ordering the
    previous question may be preempted by a motion of higher precedence
    (Aug. 13, 1982, pp. 20969, 20975-78). On the other hand, the mere defeat
    of an amendment proposed by the Member in charge does not cause the
    right to prior recognition to pass to an opponent (II, 1478, 1479).

    [[Page 701]]

    of order, which is 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).
    In most cases, when the House refuses to order the previous question on
    a conference report, it then rejects the report (II, 1473-1477; V,
    6396). However, control of a Senate amendment reported from conference
    in disagreement passes to an opponent when the House rejects a motion to
    dispose thereof (Aug. 6, 1993, p. 19582).
      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). Similarly, the invalidation of a conference report on a
    point

    Sec. 955. Prior right of Members 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).

      In recognizing for general debate under general House rules the Chair
    alternates between those favoring and those opposing the pending matter,
    preferring members of the committee reporting the bill (II, 1439-1444).
    When a member of a committee has occupied the floor in favor of a
    measure the Chair attempts to recognize a Member opposing next, even
    though he be not a member of the committee (II, 1445). The principle of
    alternation is not insisted on rigidly where a limited time is
    controlled by Members, as in the 40 minutes of debate on motions for
    suspension of the rules and the previous question (II, 1442).

    [[Page 702]]

    to bills (Nov. 14, 1991, p. 32083; Dec. 20, 1995, p. ----); (5) 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 2 of rule XV (former clause 3 of rule XXVII) (June 9, 1992, p.
    13900); and (6) requests relating to Senate-passed bills on the
    Speaker's table (Oct. 25, 1995, p. 29347; Jan. 3, 1996, p. 58; Aug. 2,
    1999, p. ----), including one identical to a House-passed bill (Feb. 4,
    1998, p. ----) and a Senate concurrent resolution to correct an
    enrollment (Oct. 20, 1998, p. ----). In addition, 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; Jan. 3, 1996, p. 86; Jan. 4, 1996, pp.
    200, 210; Deschler's Precedents, vol. 6, ch. 21, sec. 1.23). The Chair
    has declined to entertain a unanimous-consent request to print a
    separate volume of tributes given in memory of a deceased former Member
    absent concurrence of the Joint Committee on Printing (Aug. 1, 1996, p.
    21247). The Speaker's enforcement of this policy is not subject to
    appeal (Apr. 4, 1995, p. 10298). ``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). It is not a proper parliamentary inquiry to ask the Chair to
    indicate which side of the aisle has failed under the Speaker's
    guidelines to clear a unanimous-consent request (Feb. 1, 1996, p. ----),
    but the Chair may indicate his cognizance of a source of objection for
    the Record (Feb. 4, 1998, p. ----). For a discussion of recognition for
    unanimous-consent requests to vary procedures in the Committee of the
    Whole governed by a special order adopted by the House, see Sec. 993,
    infra.

    Sec. 956. 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
    otherwise in order, this being the way of signifying his objection to
    the request. But this authority did not extend to the former Consent
    Calendar. 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 (see, e.g.,
    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. 64; Jan. 5, 1993, p. 106; Apr. 4, 1995, p. 12097). This
    policy has been extended to: (1) requests relating to reported bills
    (July 23, 1993, p. 16820); (2) requests for immediate consideration of
    matters (separately unreported) comprising a portion of a measure
    already passed by the House (Dec. 19, 1985, p. 38356); (3) requests to
    consider a motion to suspend the rules and pass an unreported bill (on a
    nonsuspension day) (Aug. 12, 1986, p. 21126; Mar. 30, 1998, p. ----);
    (4) requests to permit consideration of (nongermane) amendments

    Sec. 957. The hour rule in debate.

      2.  * * * A Member,
    Delegate, or Resident Commissioner may not occupy more than one hour in
    debate on a question in the House or in the Committee of the Whole House
    on the state of the Union except as otherwise provided in this rule.

      This provision (former clause 2 of rule XIV) dates from 1841, when the
    increase of membership had made it necessary to prevent the making of
    long speeches which sometimes occupied three or four hours each (V,
    4978). Before the House recodified its rules in the 106th Congress, this
    provision was found in former clause 2 of rule XIV (H. Res. 5, Jan. 6,
    1999, p. ----).

    [[Page 703]]

    has been placed within the control of those representing the two sides
    of a question, it must be assigned to Members in accordance with this
    rule (V, 5004, 5005; VIII, 2462). A Member recognized to call up a
    privileged resolution may yield the floor upon expiration of his hour
    without moving the previous question, thereby permitting another Member
    to be recognized for a successive hour (Dec. 18, 1998, p. ----). Under
    this clause a Member recognized for one hour for a ``special-order''
    speech in the House may not extend that time, even by unanimous consent
    (Feb. 9, 1966, p. 2794; July 12, 1971, pp. 24594, 24603; Oct. 23, 1997,
    p. ----). In the 104th Congress the Speaker announced his intention to
    strictly enforce time limitations on debate (Jan. 4, 1995, pp. 457-552).
      This provision applies to debate on a question of privilege, as well
    as to debate on other questions (V, 4990; VIII, 2448). When the time for
    debate

      For a discussion of morning-hour debates and ``Oxford''-style debates,
    see Sec. Sec. 951-952, supra.

                                                         Rule XVII, clause 3
    Rule XVII, clause 3
    Managing debate

    958. The opening and closing of general debate.

      3. (a)  The
    Member, Delegate, or Resident Commissioner who calls up a measure may
    open and close debate thereon. When general debate extends beyond one
    day, that Member, Delegate, or Resident Commissioner shall be entitled
    to one hour to close without regard to the time used in opening.

    Sec. 959. Member to speak but once to the same question;
    right to close controlled debate.

      (b)  Except as provided in paragraph (a),
    a Member, Delegate, or Resident Commissioner may not speak more than
    once to the same question without leave of the House.

      (c) A manager of a measure who opposes an amendment thereto is
    entitled to close controlled debate thereon.

    [[Page 704]]

      Paragraphs (a) and (c) (former clause 3 of rule XIV) were adopted in
    1847 and perfected in 1880 (V, 4996). Paragraph (b) (former clause 6 of
    rule XIV) was adopted in 1789, and amended in 1840 (V, 4991). Before the
    House recodified its rules in the 106th Congress, paragraphs (a) and (c)
    were found in former clause 3 of rule XIV and paragraph (b) was found in
    former clause 6 of rule XIV. The recodification also added paragraph (c)
    to codify modern practice (H. Res. 5, Jan. 6, 1999, p. ----).

      In the later practice this right to close may not be exercised after
    the previous question is ordered (V, 4997-5000). This clause applies to
    general debate in Committee of the Whole (Mar. 26, 1985, p. 6283). A
    majority manager of the bill who represents the primary committee of
    jurisdiction is entitled to close general debate (in this case, as
    against another manager representing an additional committee of
    jurisdiction) (May 13, 1998, p. ----). Where an order of the House
    divides debate on an unreported measure among four Members, the Chair
    will recognize for closing speeches in the reverse order of the original
    allocation (Mar. 24, 1999, p. ----). Similarly, where general debate on
    an adversely reported measure was controlled by two Members allocated
    time under a previous order of the House and by two other Members
    deriving subdivisions of that time under a later order by unanimous
    consent, the Chair recognized for closing speeches in the reverse order
    of the original allocation concluding with the Member who opened the
    debate (July 22, 1998, p. ----; July 27, 1999, p. ----). Where a Member
    derived debate time from the manager of a measure by unanimous consent,
    that Member also derived the right to close debate thereon (Apr. 15,
    1999, p. ----). Where a member of the minority was recognized under a
    special order to call up a Senate concurrent resolution from the
    Speaker's desk, he was recognized to open and close debate thereon (Apr.
    28, 1999, p. ----).

      A Member who has spoken once to the main question may speak again to
    an amendment (V, 4993, 4994). It is too late to make the point that a
    Member has spoken already if no one claims the floor until he has made
    some progress in his speech (V, 4992). Paragraph (b) is often
    circumscribed by modern practice and by special orders of business that
    vest control of debate in designated Members and permit them to yield
    more than once to other Members. For a discussion of the right of a
    Member to speak more than once under the five-minute rule, see Sec. 981,
    infra. The right to close may not be exercised after the previous
    question has been ordered (V, 4997-5000). The right to close does not
    belong to a Member who has merely moved to reconsider the vote on a bill
    which he did not report (V, 4995). The right of a contestant in an
    election case to close when he is permitted to speak in the contest has
    been a matter of discussion (V, 5001).

    [[Page 705]]

    an unreported compromise text is made in order as original text in lieu
    of committee amendments (Oct. 19, 1995, p. 28650), or where the
    committee reported the measure without recommendation (Feb. 12, 1997, p.
    ----). Where the pending text includes a provision recommended by a
    committee of sequential referral, a member of that committee is entitled
    to close debate against an amendment thereto (June 15, 1989, pp. 12084-
    87). By recommending an amendment in the nature of a substitute, a
    reporting committee implicitly opposes a further amendment that could
    have been included therein, such that a committee representative who
    controls time in opposition may close debate thereon (June 4, 1992, p.
    13572; June 13, 1995, p. 15836). Where the rule providing for the
    consideration of an unreported measure designates managers who do not
    serve on a committee of jurisdiction, those managers are entitled to
    close controlled debate against an amendment thereto (Sept. 18, 1997, p.
    ----). The majority manager of the bill will be recognized to control
    time in opposition to an amendment thereto, without regard to the party
    affiliation of the proponent, where the special order allocated control
    to ``a Member opposed'' (May 13, 1998, p. ----). The right to close
    debate in opposition to an amendment devolves to the Member who derived
    debate time by unanimous consent from a manager who originally had the
    right to close debate (Sept. 10, 1998, p. ----).
      As codified in paragraph (c), the manager of a bill or other
    representative of the committee position and not the proponent of an
    amendment has the right to close debate on an amendment on which debate
    has been limited and allocated under the five-minute rule in Committee
    of the Whole (VIII, 2581; July 16, 1981, p. 16043; Apr. 4, 1984, p.
    7841; June 5, 1985, p. 14302; July 10, 1985, p. 18496; Oct. 24, 1985, p.
    28824; May 2, 1988, p. 9638; May 5, 1988, p. 9961), including the
    minority manager (June 29, 1984, p. 20253; Aug. 14, 1986, p. 21660; July
    26, 1989, p. 16403; Oct. 27, 1997, p. ----). The Chair will assume that
    the manager of a measure is representing the committee of jurisdiction
    even where the measure called up is unreported (Apr. 15, 1996, p. 7421;
    July 24, 1998, p. ----), where

      Under certain circumstances, however, the proponent of the amendment
    may close debate where he represents the position of the reporting
    committee (Aug. 14, 1986, p. 21660); for example, the proponent of a
    ``manager's amendment'' may close controlled debate thereon (May 13,
    1998, p. ----). Similarly, the proponent may close debate where neither
    a committee representative nor a Member assigned a managerial role by
    the governing special order oppose the amendment (Aug. 15, 1986, p.
    22057; May 6, 1998, p. ----; July 14, 1998, p. ----). Where a committee
    representative is allocated control of time in opposition to an
    amendment not by recognition from the Chair but by unanimous-consent
    request of a third Member who was allocated the time by the Chair, then
    the committee representative is not entitled to close debate as against
    the proponent (July 24, 1997, p. ----). Similarly, the proponent of the
    amendment may close debate where no representative from the reporting
    committee opposes an amendment to a multijurisdictional bill (Mar. 9,
    1995, p. 7467); where the measure is unreported and has no ``manager''
    under the terms of a special rule (Apr. 24, 1985, p. 9206); or where a
    measure is being managed by a single reporting committee and the Member
    controlling time in opposition, though a member of the committee having
    jurisdiction over the amendment, does not represent the reporting
    committee (Nov. 9, 1995, p. ----).

    [[Page 706]]

    Call to order
                                                         Rule XVII, clause 4
    Rule XVII, clause 4

    960. The call to order for words spoken in
    debate.

      4. (a)  If a Member, Delegate, or Resident Commissioner, in speaking
    or otherwise, transgresses the Rules of the House, the Speaker shall, or
    a Member, Delegate, or Resident Commissioner may, call to order the
    offending Member, Delegate, or Resident Commissioner, who shall
    immediately sit down unless permitted on motion of another Member,
    Delegate, or the Resident Commissioner to explain. If a Member,
    Delegate, or Resident Commissioner is called to order, the Member,
    Delegate, or Resident Commissioner making the call to order shall
    indicate the words excepted to, which shall be taken down in writing at
    the Clerk's desk and read aloud to the House.

    [[Page 707]]

      (b) The Speaker shall decide the validity of a call to order. The
    House, if appealed to, shall decide the question without debate. If the
    decision is in favor of the Member, Delegate, or Resident Commissioner
    called to order, the Member, Delegate, or Resident Commissioner shall be
    at liberty to proceed, but not otherwise. If the case requires it, an
    offending Member, Delegate, or Resident Commissioner shall be liable to
    censure or such other punishment as the House may consider proper. A
    Member, Delegate, or Resident Commissioner may not be held to answer a
    call to order, and may not be subject to the censure of the House
    therefor, if further debate or other business has intervened.

      The first sentence of paragraph (a) and all but the last sentence of
    paragraph (b) (former clause 4 of rule XIV) was adopted in 1789 and
    amended in 1822 and 1880 (V, 5175). The last sentence of paragraph (a)
    and the last sentence of paragraph (b) (former clause 5 of rule XIV) was
    adopted in 1837 and amended in 1880, although the practice of writing
    down objectionable words had been established in 1808. When the House
    recodified its rules in the 106th Congress, it consolidated former
    clauses 4 and 5 of rule XIV into a single clause (H. Res. 5, Jan. 6,
    1999, p. ----).

    Sec. 961. Words taken down and other calls to order
    for unparliamentary debate.

      Members  transgressing the rules of debate and
    decorum may be called to order by the Speaker (VIII, 2481, 2521, 3479),
    a Member (II, 1344; V, 5154, 5161-5163, 5175, 5192), or a Delegate (II,
    1295). A Member may initiate a call to order either by making a point of
    order that a Member is transgressing the rules or by formally demanding
    that words be taken down under this clause (Sept. 12, 1996, pp. ----, --
    --; Sept. 17, 1996, p. ----; Sept. 18, 1996, p. ----; Sept. 25, 1996, p.
    ----). A Member's comportment in debate may constitute a breach of
    decorum even though the content of the Member's speech is not, itself,
    unparliamentary (July 29, 1994, p. 18609). Except for naming the
    offending Member, the Speaker may not otherwise censure or punish him
    (II, 1345; VI, 237; Sept. 18, 1996, p. ----; see also Sec. 366, supra).
    The House may by proper motions under this clause dictate the
    consequences of a ruling by the Chair that a Member was out of order
    (May 26, 1983, p. 14048).

      As discussed in Sec. 374, supra, it is customary for the Chair to
    initiate the call to order a Member who criticizes the actions of the
    Senate, its Members, or its committees, whether in debate or through an
    insertion in the Record (Speaker Albert, Apr. 17, 1975, p. 10458; Oct.
    7, 1975, p. 32055; Feb. 27, 1997, p. ----). On the other hand, the Chair
    customarily awaits an initiative from the floor to call to order a
    Member engaging in personalities in debate with respect to another
    Member of the House (June 29, 1987, p. 18072; Jan. 4, 1995, p. 551; Feb.
    27, 1997, p. ----). The Chair may take initiative to call to order a
    Member engaging in verbal outburst following expiration of his
    recognition for debate (Mar. 16, 1988, p. 4081). The Chair may deny
    further recognition to an offending Member, subject to the will of the
    House on the question of his proceeding in order (Speaker O'Neill, June
    16, 1982, p. 13843; July 29, 1994, p. 18609; Sept. 18, 1996, p. ----).
    The Chair may admonish a Member for words spoken in debate and request
    that they be removed from the Record even prior to a demand that the
    words be taken down (Sept. 24, 1992, p. 27345).

    [[Page 708]]

    the Chair to determine whether a point of order from the floor is
    intended as a demand that words be taken down is not such intervening
    debate or business as would render the demand untimely (Oct. 2, 1984, p.
    28522). Unanimous consent is not required for a Member to withdraw his
    demand that words be taken down prior to a ruling by the Chair (June 18,
    1986, p. 14232).
      This clause (former clause 5) prohibits the taking down of words after
    intervening business (V, 5177; VIII, 2536; Sept. 16, 1991, p. 23032;
    Mar. 28, 1996, p. 6934). However, a Member on his feet and seeking
    recognition at the appropriate time may yet be recognized to demand that
    words be taken down even though brief debate may have intervened, and a
    request that a Member uttering objectionable words yield does not
    forfeit the right to demand that the words be taken down (VIII, 2528).
    Action taken by

      While a demand that a Member's words be taken down is pending, that
    Member should be seated immediately (July 29, 1994, p. 18609; Jan. 25,
    1995, p. 2352), and no Member may engage the Chair until the demand has
    been disposed of (Nov. 9, 1995, p. ----; Nov. 15, 1995, p. ----). Where
    two Members consecutively demand that each others' words be taken down
    as unparliamentary, the Chair advises both Members to be seated and then
    directs the Clerk to report the first words objected to (June 19, 1996,
    p. 14655). An offending Member may be directed by the Chair to be seated
    even if a formal demand that the Member's words be taken down is not
    pending; for example, where a Member declines to proceed in order at the
    directive of the Chair after points of order have been sustained against
    unparliamentary references in debate, the Chair may, under rule I and
    this rule, deny the Member further recognition as a disposition of the
    question of order, subject to the will of the House on the question of
    proceeding in order (Sept. 12, 1996, p.----; Sept. 17, 1996, p. ----;
    Sept. 18, 1996, p. ----; see also Sec. 366, supra; ).

      The words having been read from the desk, the Chair decides whether
    they are in order (II, 1249; V, 5163, 5169, 5187), as read by the Clerk
    and not as otherwise alleged to have been uttered (June 9, 1992, p.
    13902). When a Member denies that the words taken down are the exact
    words used by himself, the question as to the words is put to the House
    for decision (V, 5179, 5180). Where demands are made to take down words
    both as spoken in a one-minute speech and as reiterated when the
    offending Member is permitted by unanimous consent to explain, the Chair
    may rule simultaneously on both (July 25, 1996, p. 19170). A decision of
    the Chair on a point of order that a Member is engaging in personalities
    is subject to appeal (Sept. 28, 1996, p. ----).

      The rule permits a motion that an offending Member be permitted to
    explain before the Chair rules on the words taken down, and the Chair
    has discretion to ask for explanation before ruling on the words (Feb.
    1, 1940, p. 954). The Chair also may recognize an offending Member,
    permitted by unanimous consent, to explain words ruled out of order
    (Nov. 10, 1971, p. 40442).

    [[Page 709]]

    floor, and other Members may proceed to debate the same subject (July
    25, 1996, p. 19170). The offending Member will not lose the floor if the
    House permits the Member to proceed in order (see, e.g., May 10, 1990,
    p. 9992), which motion may be stated on the initiative of the Chair
    (Oct. 8, 1991, p. 25757; Mar. 29, 1995, p. 9676; July 25, 1996, p. 1970)
    or offered by any Member (July 25, 1996, p. 1970). The motion is not
    inconsistent with the immediate consequence of the call to order because
    this clause (former clause 4) also permits the House to determine the
    extent of the sanction for a given breach (Oct. 10, 1991, p. 26102). The
    motion is debatable within narrow limits of relevance under the hour
    rule, and consequently also is subject to the motion to lay on the table
    (Speaker Foley, Oct. 8, 1991, p. 25757).
      If words taken down are ruled out of order, the Member loses the floor
    (V, 5196-5199; Jan. 25, 1995, p. 2352) and may not proceed on the same
    day without the permission of the House (Jan. 29, 1946, p. 533; Aug. 21,
    1974, p. 29652; Jan. 25, 1995, p. 2352; Apr. 17, 1997, p. ----), even on
    yielded time (V, 5147), and may not insert unspoken remarks in the
    Record (Jan. 25, 1995, p. 2352), but still may exercise his right to
    vote or to demand the yeas and nays (VIII, 2546). The ruling does not
    take the issue off the

      Where a Member has been called to order not in response to a formal
    demand that words be taken down but in response to a point of order, the
    former practice was to test the opinion of the House by a motion ``that
    the gentleman be allowed to proceed in order'' (V, 5188, 5189; VIII,
    2534). Under the modern practice the Chair either may invite the
    offending Member to proceed in order (see, e.g., Sept. 12, 1996, p. ----
    ) or, particularly where admonitions have been ignored, may deny the
    Member recognition for the balance of the time for which he was
    recognized, subject to the will of the House, as by a vote on the
    question whether the Member should be permitted to proceed in order
    (Sept. 12, 1996, p. ----; Sept. 17, 1996, p. ----; Sept. 18, 1996, p. --
    --; Sept. 25, 1996, p. ----).

      Words taken down and ruled out of order by the Chair are subject to a
    motion that they be stricken or expunged from the Record. This motion
    has precedence (VIII, 2538-2541; Aug. 21, 1974, p. 29652), is often
    stated on the initiative of the Chair (May 10, 1990, p. 9992), and is
    debatable within narrow limits (VIII, 2539; Speaker Martin, June 12,
    1947, p. 6896). However, the motion may not be entertained in the
    Committee of the Whole (Feb. 18, 1941, p. 1126) or offered by the Member
    called to order (Feb. 11, 1941, pp. 894, 899), although that Member may
    ask unanimous consent to withdraw his words (VIII, 2528, 2538, 2540,
    2543, 2544; July 16, 1998, p. ----).

      When disorderly words are spoken in the Committee of the Whole, they
    are taken down and read at the Clerk's desk, and the Committee rises
    automatically (VIII, 2533, 2538, 2539) and reports them to the House
    (II, 1257-1259, 1348). Action in the House on words reported from the
    Committee of the Whole is limited to the words reported (VIII, 2528),
    and it is not in order as a question of privilege in the House to
    propose censure of a Member for disorderly words spoken in Committee of
    the Whole but not reported therefrom (V, 5202). After words reported to
    the House from Committee of the Whole have been disposed of (by decision
    of the Chair and any associated action by the House), the Committee
    resumes its sitting without motion (VIII, 2539, 2541).

    [[Page 710]]

    although business may have intervened in certain exceptional cases, such
    as when disorderly words are part of an occurrence constituting a breach
    of privilege (II, 1657), when a Member's language has been investigated
    by a committee (II, 1655), when a Member has reiterated on the floor
    certain published charges (III, 2637), when a Member has uttered words
    alleged to be treasonable (II, 1252), or when a Member has uttered an
    attack on the Speaker (II, 1248; Jan. 4, 1995, p. 551; Jan. 19, 1995, p.
    1599).
      The House has censured a Member for disorderly words (II, 1253, 1254,
    1259, 1305; VI, 236). The House may proceed to censure or other action

      For a discussion of resolving the use of objectional exhibits that are
    a breach of decorum, see Sec. 622, supra; and for a discussion of
    resolving the use of objectional exhibits that are not necessarily a
    breach of decorum, see clause 6, Sec. 963, infra.

                                                         Rule XVII, clause 5
    Rule XVII, clause 5
    Comportment

    962. Decorum of Members in the Hall.

      5.  When the Speaker is
    putting a question or addressing the House, a Member, Delegate, or
    Resident Commissioner may not walk out of or across the Hall. When a
    Member, Delegate, or Resident Commissioner is speaking, a Member,
    Delegate, or Resident Commissioner may not pass between the person
    speaking and the Chair. During the session of the House, a Member,
    Delegate, or Resident Commissioner may not wear a hat or remain by the
    Clerk's desk during the call of the roll or the counting of ballots. A
    person may not smoke or use any personal, electronic office equipment,
    including cellular phones and computers, on the floor of the House. The
    Sergeant-at-Arms is charged with the strict enforcement of this clause.

      Until the 104th Congress this clause (former clause 7 of rule XIV) was
    made up of provisions adopted in 1789, 1837, 1871, and 1896. In the
    104th Congress a reference to the former Doorkeeper was deleted and the
    prohibition against using personal electronic office equipment was added
    (secs. 201 and 223, H. Res. 6, Jan. 4, 1995, pp. 463, 469). Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 7 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 711]]

    gress the Speaker announced that the prohibition against Members wearing
    hats included doffing the hat in tribute to a group (Speaker Foley, June
    22, 1993, p. 13569; June 10, 1996, p. 13560). In the 96th Congress, the
    Speaker announced that he considered as proper the customary and
    traditional attire for Members, including a coat and tie for male
    Members and appropriate attire for female Members (where thermostat
    controls had been raised in the summer to conserve energy); the House
    then adopted a resolution, offered as a question of the privileges of
    the House, requiring Members to wear proper attire as determined by the
    Speaker, and denying noncomplying Members the privilege of the floor
    (July 17, 1979, pp. 19008, 19073). In the 97th Congress, 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 (Dec. 16, 1981, p. 31847).
      Originally Members wore their hats during sessions, as in Parliament,
    and the custom was not abolished until 1837 (II, 1136). In the 103d Con

      The prohibition against using personal electronic office equipment was
    affirmed by response to a parliamentary inquiry (Feb. 23, 1995, p.
    5640). The Chair announced that the use of cellular telephones was not
    permitted on the floor of the House or in the gallery (July 13, 1999, p.
    ----).

      Smoking is not permitted in the Hall during sessions of the House
    (Oct. 15, 1990, p. 29248), nor during sittings of the Committee of the
    Whole (Aug. 14, 1986, p. 21707); and the prohibition extends to smoking
    behind the rail (Feb. 23, 1995, p. 5640).

      On the opening day of the 101st Congress, the Speaker prefaced his
    customary announcement of policies concerning such aspects of the
    legislative process as recognition for unanimous-consent requests and
    privileges of the floor with a general statement concerning decorum in
    the House, including particular adjurations against engaging in
    personalities, addressing remarks to spectators, and passing in front of
    the Member addressing the Chair (Jan. 3, 1989, p. 88; see also Jan. 5,
    1993, p. 105; Jan. 4, 1995, p. 551). In the 104th Congress the Speaker
    announced: (1) that Members should not traffic, or linger in, the well
    of the House while another Member is speaking (Feb. 3, 1995, p. 3541;
    Mar. 3, 1995, p. 6721; Dec. 15, 1995, p. ----); and (2) that Members
    should not engage in disruption while another Member is speaking (Dec.
    20, 1995, p. ----). Under this provision the Chair may require a line of
    Members waiting to sign a discharge petition to proceed to the rostrum
    from the far right-hand aisle and require the line not to stand between
    the Chair and Members engaging in debate (Oct. 24, 1997, p. ----).

      Hissing and jeering is not proper decorum in the House (May 21, 1998,
    p. ----).

    [[Page 712]]

    thereto, until the resolution of a contested election to which he was
    party (H. Res. 233, Sept. 18, 1997, p. ----).

      A former Member must observe proper decorum under this clause, and the
    Chair may direct the Sergeant-at-Arms to assist the Chair in maintaining
    such decorum (Sept. 17, 1997, p. ----). In the 105th Congress the House
    adopted a resolution offered as a question of the privileges of the
    House alleging indecorous behavior of a former Member and instructing
    the Sergeant-at-Arms to ban the former Member from the floor, and rooms
    leading

                                                         Rule XVII, clause 6
    Rule XVII, clause 6
    Exhibits

    963. Objections to use of exhibits.

      6.  When the use of an
    exhibit in debate is objected to by a Member, Delegate, or Resident
    Commissioner, its use shall be decided without debate by a vote of the
    House.

      This provision was rewritten in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. 49) to address the use of exhibits in debate rather than the
    reading from papers. Before the House recodified its rules in the 106th
    Congress, this provision was found in former rule XXX (H. Res. 5, Jan.
    6, 1999, p. ----). When the use of an exhibit in debate is objected to
    under this rule, the Chair immediately puts the question on whether use
    of the exhibit shall be permitted (unless determining a breach of
    decorum under clause 2 of rule I) (Nov. 1, 1995, p. ----; Nov. 10, 1995,
    p. 20689; July 31, 1996, p. ----). The Chair puts the question without
    debate, and without requiring the objecting Member to state the basis
    for the objection (Nov. 10, 1995, p. 20689). As such, an objection under
    this rule is not a point of order: it may be resolved by withdrawal of
    the exhibit; that failing, it amounts to a demand that the Chair put to
    the House the question whether the exhibit may be used (July 31, 1996,
    p. ----). It is not a proper parliamentary inquiry to ask the Chair to
    judge the accuracy of the content of an exhibit (Nov. 10, 1995, p. ----
    ). The Chair has held that a second virtually consecutive invocation of
    this provision, resulting in a second pair of votes on use of a chart
    and on reconsideration thereof, was not dilatory under former clause 10
    of rule XVI (current clause 1 of rule XVI) or former clause 4(b) of rule
    XI (current clause 6(b) of rule XIII) (July 31, 1996, p. 20700). It is
    not in order to request that the voting display be turned on during
    debate as an exhibit to accompany a Member's debate (Oct. 12, 1998, p.
    ----).

    [[Page 713]]

    panying record of testimony should be read (V, 5261, 5262). In general
    the reading of a report was held to be in the nature of debate (V,
    5292); but where a report presented facts and conclusions but no
    legislative proposition, it was read if submitted for action (IV, 4663).
    Where a paper is offered as involving a matter of privilege it may be
    read to the House (III, 2597; VI, 606; VIII, 2599), rather than by the
    Speaker privately (III, 2546), but a Member may not, as a matter of
    right, require the reading of a book or paper on suggestion that it
    contains matter infringing on the privileges of the House (V, 5258).

    Sec. 964. History of former rule on reading of
    papers.

      The earlier  form of the rule (former rule XXX), originally adopted in 1794
    and amended in 1802 and 1880 (V, 5257), addressed reading from papers.
    It recognized the right of a Member under the general parliamentary law
    to have read the paper on which the House is to vote (V, 5258), but when
    that paper had been read once, the reading could not be repeated unless
    by order of the House (V, 5260). The right could be abrogated by
    suspension of the rules (V, 5278-5284; VIII, 3400); but was not
    abrogated simply by the fact that the current procedure was taking place
    under the rule for suspension (V, 5273-5277). On a motion to refer a
    report, the reading of it could be demanded as a matter of right, but
    the latest ruling left to the House to determine whether or not an accom

      The former rule XXX prohibiting the reading of papers in debate was
    held to apply to the exhibition of articles as evidence or in
    exemplification in debate (VIII, 2452, 2453; June 2, 1937, p. 6104; Aug.
    5, 1949, p. 10859), and the new form of the rule adopted in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. 49) marks the modern relevance of
    that application. While Members may use exhibits such as charts during
    debate subject to this rule, the Speaker may, pursuant to his authority
    to preserve order and decorum under rule I (see Sec. 622, supra), direct
    the removal of a chart from the well of the House which is not being
    utilized during debate (Apr. 1, 1982, p. 6304), or which is otherwise
    disruptive of decorum.

    Sec. 965. Earlier practice.

      The reading  of papers other than
    the one on which the vote was about to be taken was usually permitted
    without question (V, 5258), and the Member in debate usually read such
    papers as he pleased, but this privilege was subject to the authority of
    the House if another Member objected (V, 5285-5291; VIII, 2597, 2602;
    Dec. 19, 1974, p. 41425; Dec. 10, 1987, p. 34669). This principle
    applied even to the Member's own written speech (V, 5258; VIII, 2598),
    to a report which he proposed to have read in his own time or to read in
    his place (V, 5293), and to excerpts from the Congressional Record
    (VIII, 2597). But, on a motion to lay on the table, a demand for the
    reading of a paper other than the one to which the motion applied was
    overruled (V, 5297); and after the previous question were ordered a
    Member could not ask the decision of the House as to the reading of a
    paper not before the House for action (V, 5296), even though it be the
    report of the committee (V, 5294, 5295). For further discussion, see
    Sec. Sec. 432-436, supra. The consent of the House pursuant to the
    former form of this rule for a Member to read a paper in debate only
    permitted the Member seeking such permission to read as much of the
    paper as possible in the time yielded or allotted to that Member, and
    did not necessarily grant permission to read or to insert the entire
    document (Mar. 1, 1979, p. 3748). Where a Member objected to another's
    reading from a paper the Chair put the question without debate, and it
    was not in order under the guise of parliamentary inquiry to debate that
    question by indicating that the objection was a dilatory tactic (Dec.
    10, 1987, p. 34672).

    [[Page 714]]

    Galleries
                                                         Rule XVII, clause 7
    Rule XVII, clause 7

    966. Gallery occupants not to be introduced.

      7.  During a
    session of the House, it shall not be in order for a Member, Delegate,
    or Resident Commissioner to introduce to or to bring to the attention of
    the House an occupant in the galleries of the House. The Speaker may not
    entertain a request for the suspension of this rule by unanimous consent
    or otherwise.

      This clause was adopted April 10, 1933 (VI, 197). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 8 of rule XIV (H. Res. 5, Jan. 6, 1999, p. ----).

                                                         Rule XVII, clause 8
    Rule XVII, clause 8
    Congressional Record

    967. Revisions of remarks in debate.

      8. (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, Delegate, or Resident Commissioner making the remarks.

      (b) Unparliamentary remarks may be deleted only by permission or order
    of the House.

    Sec. 968. Standard of conduct.

      (c)  This clause establishes a
    standard of conduct within the meaning of clause 3(a)(2) of rule XI.

      This clause was adopted in the 104th Congress (sec. 213, H. Res. 6,
    Jan. 4, 1995, p. 468). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 9 of rule XIV
    (H. Res. 5, Jan. 6, 1999, p. ----). Under paragraph (a) a unanimous-
    consent request to revise and extend remarks permits a Member (1) to
    make technical, grammatical, and typographical corrections to remarks
    uttered and (2) to include in the Record additional remarks not uttered
    to appear in a distinctive typeface; however, such a unanimous-consent
    request does not permit a Member to remove remarks actually uttered
    (Jan. 4, 1995, p. 541). Paragraph (a) also applies to statements and
    rulings of the Chair (Jan. 20, 1995, p. ----).

    [[Page 715]]

    Secret sessions
                                                         Rule XVII, clause 9
    Rule XVII, clause 9

    969. Secret session of the House.

      9.  When confidential
    communications are received from the President, or when the Speaker or a
    Member, Delegate, or Resident Commissioner informs the House that he has
    communications that he believes ought to be kept secret for the present,
    the House shall be cleared of all persons except the Members, Delegates,
    Resident Commissioner, and officers of the House for the reading of such
    communications, and debates and proceedings thereon, unless otherwise
    ordered by the House.

      This provision (former rule XXIX), in a somewhat different form, was
    adopted in 1792, although secret sessions had been held by the House
    before that date. They continued to be held at times with considerable
    frequency until 1830. In 1880, at the time of the general revision of
    the rules, the House concluded to retain the rule, although it had been
    long in disuse (V, 7247; VI, 434). Before the House recodified its rules
    in the 106th Congress, this provision was found in former rule XXIX (H.
    Res. 5, Jan. 6, 1999, p. ----).

      The two Houses have legislated in secret session, transmitting their
    messages also in secrecy (V, 7250); but the House has declined to be
    bound to secrecy by act of the Senate (V, 7249). Motions to remove the
    injunction of secrecy should be made with closed doors (V, 7254). In
    1843 a confidential message from the President was referred without
    reading; but no motion was made for a secret session (V, 7255).

      The House and not the Committee of the Whole determines whether the
    Committee may sit in executive session, and an inquiry relative to
    whether the Committee of the Whole should sit in secret session is
    properly addressed to the Speaker and not to the Chairman of the
    Committee of the Whole (May 9, 1950, p. 6746; June 6, 1978, p. 16376;
    June 20, 1979, p. 15710). A Member seeking to offer the motion that the
    House resolve itself into secret session must qualify, as provided by
    the rule, by asserting that the Member has a secret communication to
    make to the House (June 6, 1978, p. 16376).

    [[Page 716]]

    that the galleries would be cleared of all persons, that the Chamber
    would be cleared of all persons except Members and those officers and
    employees specified by the Speaker whose attendance was essential to the
    functioning of the secret session, who would be required to sign an oath
    of secrecy, and that all proceedings in the secret session must be kept
    secret until otherwise ordered by the House (June 20, 1979, pp. 15711-
    13). Where the House has concluded a secret session and has not voted to
    release the transcripts of that session, the injunction of secrecy
    remains and the Speaker may informally refer the transcripts to
    appropriate committees for their evaluation and report to the House as
    to ultimate disposition to be made (June 20, 1979, pp. 15711-13).
      On June 20, 1979, the House adopted by voice vote a motion that the
    House resolve itself into secret session pursuant to this rule (the
    first such occasion since 1830), where the Member offering the motion
    had ensured the Speaker that he had confidential communications to make
    to the House as required by the rule (pp. 15711-13). The Speaker pro
    tempore announced on that occasion before the commencement of the secret
    session

      The following procedures apply during a secret session. The motion for
    a secret session is not debatable (June 20, 1979, p. ----; Mar. 31,
    1998, p. ----). The Member who offers the motion may be recognized for
    one hour of debate after the House resolves into secret session, and the
    normal rules of debate, including the principle that no motions would be
    in order unless he yields for that purpose, apply. The Speaker having
    found that a Member has qualified to make the motion for a secret
    session, having confidential communications to make, no point of order
    lies that the material in question must be submitted to the Members to
    make that determination (the motion for a secret session having been
    adopted by the House). No point of order lies in secret session that
    employees designated by the Speaker as essential to the proceedings, who
    have signed an oath of secrecy, may not be present. A motion in secret
    session to make public the proceedings therein is debatable for one
    hour, within narrow limits of relevancy. At the conclusion of debate in
    secret session, a Member may be recognized to offer a motion that the
    session be dissolved (July 17, 1979, pp. 19057-59).

      The House conducted another secret session in the 96th Congress to
    receive confidential communications consisting of classified information
    in the possession of the Committee on Foreign Affairs (now International
    Relations) and the Permanent Select Committee on Intelligence, which
    those committees had authorized to be used in a secret session of the
    House if ordered; on that occasion the Speaker overruled a point of
    order against the motion for a secret session since the Speaker must
    rely on the assurance of a Member that he has confidential
    communications to make to the House, and since the Speaker was aware
    that the committee with possession of the materials had authorized those
    materials to be used in a secret session (Feb. 25, 1980, p. 3618).
    Another secret session was held in the 98th Congress pending
    consideration of a bill amending the Intelligence Authorization Act to
    prohibit United States support for military or paramilitary operations
    in Nicaragua (July 19, 1983, p. 19776).

    [[Page 717]]

      The House may subsequently by unanimous consent order printed in the
    Congressional Record proceedings in secret session, with appropriate
    deletions and revisions agreeable to the committees to which the secret
    transcript has been referred for review (July 17, 1979, p. 19049).

      Under his authority in clause 3 of rule I, the Speaker convened a
    classified briefing for Members on the House floor when the House was
    not in session (Mar. 18, 1999, p. ----).