[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. ----).